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HomeMy WebLinkAbout1465 Release Reversionary Interests Lot 6 Riverside Horizons Industrial V BILL NO. 2016-025 ORDINANCE NO. &2�J AN ORDINANCE APPROVING THE EXECUTION AND DELIVERY OF A RELEASE OF INTEREST TO RELEASE THE REVERSIONARY INTERESTS FOR LOT 6, RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, A SUBDIVISION IN THE CITY OF RIVERSIDE WHEREAS, the City of Riverside, Missouri ("City') granted a Special Warranty Deed dated May 14, 2015, recorded with the Recorder of Deeds for Platte County, Missouri on May 15, 2015, in Book 1243 at Page 929 and as Instrument 2015006246 (the "Deed") to Riverside Horizons, LLC ("RH"), for all of Lot 6, RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, a subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof(the "Property"); and WHEREAS, the Deed contained a condition subsequent that the failure to commence vertical construction within sixty days from the date of the Deed (the "Condition Subsequent") would cause title to the Property to revert to the City; and WHEREAS, the Deed set forth that upon satisfaction of the Condition Subsequent, the City would, upon the request of RH, execute and record against title to the Property a writing validly evidencing the termination of the City's reversionary right; and WHEREAS, the Condition Subsequent has been satisfied and RH requests that the termination of the City's reversionary right be accomplished by recording against the title to the Property the Release of Interest attached hereto and incorporated herein as Exhibit A (the "Release of Interest"); and WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Release of Interest as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — BEST INTEREST OF THE CITY TO APPROVE THE RELEASE OF INTEREST. It is in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Release of Interest attached hereto as Exhibit A and incorporated herein and such Release of Interest is hereby approved. SECTION 2 — AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City and other appropriate City officials to execute and deliver the Release of Interest, consistent with the terms of this Ordinance and Missouri law, and hereby authorizes the Mayor, the City Administrator, the City Clerk, Special Counsel to the City and other appropriate City officials to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. WA 8184841.1 BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 17'" day of May, 2016. Kathleen L. Rose, Mayor ATT T: Robin Kincaid, .City Clerk Appr ve as to form: Spe erne LLP Sp ial C unset to the City by Joe Bednar 2 WA 8184941.1 EXHIBIT A RELEASE OF INTEREST 3 WA 8184841.1 --------------------------------------------------------------------------------------------------------------------- (The above space is reserved for Recorder's Certification.) TITLE OF DOCUMENT: RELEASE OF INTEREST DATE OF DOCUMENT: , 2016 GRANTORS: CITY OF RIVERSIDE,MISSOURI 2950 N.W. Vivion Road Riverside, Missouri 64150 and RIVERSIDE HORIZONS, LLC 5015 NW Canal Street, Suite 200 Riverside, Missouri 64150 GRANTEE: CITY OF RIVERSIDE, MISSOURI 2950 N.W. Vivion Road Riverside, Missouri 64150 LEGAL DESCRIPTION: See Exhibit A REFERENCE Special Warranty Deed from City of Riverside, Missouri to Riverside Horizons, LLC recorded May 15, 2015 in Book 1243 at Page 929 as Instrument No. 2015006246; Special Warranty Deed from Riverside Horizons, LLC to Horizons Industrial V, LLC recorded May 15, 2015 in Book 1243 at Page 930 as Instrument No. 2015006247. 1893/106/RELEASE/01071536;2} RELEASE OF INTEREST THIS RELEASE OF INTEREST is made as of 2016 (the "Effective Date") by and from the CITY OF RIVERSIDE, MISSOURI, a fourth class city duly organized and validly existing under the laws of the State of Missouri ("City"), having its mailing address as follows: 2950 N.W. Vivion Road, Riverside, Missouri 64150, and RIVERSIDE HORIZONS, LLC, a Missouri limited liability company ("Riverside Horizons"), having its mailing address as follows: 5015 NW Canal Street, Suite 200, Riverside, Missouri 64150,to City. RECITALS A. City executed and delivered to Riverside Horizons that certain Special Warranty Deed dated May 14, 2015 and recorded in the real estate records of the Recorder of Platte County, Missouri in Book 1243 and Page 929 as Instrument No. 2015006246, that conveyed to Riverside Horizons title to the real property described on Exhibit A (the "Property"). Such deed contained a condition subsequent (the "City Condition") that failure to commence vertical construction within sixty (60) days from the date of such deed would cause title to the Property to revert to City(the"City Reversionary Interest'). B. Simultaneously therewith, Riverside Horizons executed and delivered to Horizons Industrial V, LLC, a Delaware limited liability company ("Developer"), that certain Special Warranty Deed dated May 14, 2015 and recorded in the real estate records of the Recorder of Platte County, Missouri in Book 1243 at Page 930 as Instrument No. 2015006247, that conveyed to Developer title to the Property. Such deed contained a condition subsequent (the "Riverside Horizons Condition") that failure to commence vertical construction within sixty (60) days from the date of such deed would cause title to revert to Riverside Horizons(the"Riverside Horizons Reversionary Interest'). C. Developer satisfied the City Condition and the Riverside Horizons Condition and commenced vertical construction on the Property within sixty (60) days from the date of both deeds. D. City desires to (I) recognize satisfaction of the City Condition and (2) release the City Reversionary Interest. E. Riverside Horizons desires to (1) recognize satisfaction of the Riverside Horizons Condition and(2)release the Riverside Horizons Reversionary Interest. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable considerations the receipt of which is hereby acknowledged, City does hereby (1) recognize satisfaction of the City Condition and (2) release the City Reversionary Interest, and Riverside Horizons does hereby (1) recognize satisfaction of the Riverside Horizons Condition and (2) release the Riverside Horizons Reversionary Interest. [The remainder of this page intentionally left blank.] {1893/106/RELEASE/01071536;2) IN WITNESS WHEREOF, City and Riverside Horizons have executed this Release of Interest as of the Effective Date. CITY OF RIVERSIDE,MISSOURI SEAL] j By: O Name: athleen L. Rose Title: Mayor c1 . ATTEST: n By: Name: Robin Kincaid Title: City Clerk ACKNOWLEDGMENT STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this_day of 2016, before me,the undersigned, a Notary Public, appeared KATHLEEN L. ROSE and ROBIN KINCAID,to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE, MISSOURI, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. SARAH WAGNER Notary Public, Notary Seal State of Missouri Name: Platte County Commission N 11277184 Notary Public in an for&d State My Commission Expires November 13, 2019 (SEAL) My Commission Expires:r1Q Qx.1pe� \� 11893/106/RELEASE/01071536;2} RIVERSIDE HORIZONS,LLC, a Missouri limited liability company By: Northpoint Holdings, LLC, a Missouri limited liability company, its Manager By: Name: Nathaniel Hagedorn Title: Manager ACKNOWLEDGMENT STATE OF MISSOURI ) SS. COUNTY OF PLATTE ) On this day of 2016, before me, the undersigned, a Notary Public, appeared NATHANIEL HAGEDORN, to me personally known, who, being by me duly sworn, did say that he is the Manager of Northpoint Holdings, LLC, the Manager of RIVERSIDE HORIZONS, LLC, and that said instrument was signed by authority of its members, and he acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. Name: Notary Public in and for said State (SEAL) My Commission Expires: {1893/106/RELEASE/01071536;2) EXHIBIT A LEGAL DESCRIPTION All of Lot 6, RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, a subdivision in Riverside, Platte County, Missouri, according to the plat recorded December 8, 2014 as Document No. 2014013715 in Plat Book 21 at Page 124. Together with an easement of enjoyment in and to all Common Property, as said easement and common property are established and defined by the Declaration of covenants, restrictions, easement, charges, assessments and liens for Horizons Business Park/Planned Development District, recorded March 9, 2012 as Document No. 2012003468 in Book 1187 at Page 286. 11893/106/RELEASE/01071536;2) Recorded In Platte County, Missouri Recording Date/Time: 05/02/2017 at 12:00:32 PM Instr Number: 2017005448 Book: 1278 Page: 286 .��'�opER �F°FFo Type: TR WO ;Q. :` 'u' Pages: 3 T. 7' Fee:: $30.00 S �' ` III Granlor: RIVERSIDE MISSOURI CITY OF Gloria Boyer, Grantee: HORIZONS INDUSTRIAL V LLC Recorder of Deeds (The above space is reserved for Recorder's Certification.) TITLE OF DOCUMENT: SPECIAL WARRANTY DEED DATE OF DOCUMENT: MAY 1,2017 GRANTOR: CITY OF RIVERSIDE, MISSOURI GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road Riverside,Missouri 64150 GRANTEE: HORIZONS INDUSTRIAL V, LLC GRANTEE'S MAILING ADDRESS: c10 NorthPoint Development 4825 NW 41st Street, Suite 500 Riverside, Missouri 64150 RETURN DOCUMENTS TO: Gary A. Anderson, Esq. Gilmore& Bell, P.C. 2405 Grand Boulevard,Suite 1100 Kansas City, Missouri 64108 LEGAL DESCRIPTION: See Page 1 This cover page is attached solely for the purpose of complying with the requirements stated in §§59.310.2; 59.313.2 Revised Missouri Statutes. nztajiieLt? Bc'c k 1278 Page 286 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of May 1, 2017, from the CITY OF RIVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under the laws of the State of Missouri (the "Grantor"), having its mailing address as follows: 2950 N.W. Vivion Road, Kansas City, Missouri 64150, to HORIZONS INDUSTRIAL V, LLC, a Delaware limited liability company(the "Grantee"), having its mailing address as follows: 4825 NW 41st Street, Suite 500, Riverside, Missouri 64150. WITNESSETH, THAT THE GRANTOR, in consideration of the sum of One Dollar ($1.00) and other valuable considerations to it paid by the Grantee(the receipt of which is hereby acknowledged) does by these presents, SELL and CONVEY unto the Grantee, its successors and assigns, the lots,tracts or parcels of land described as follows, subject to all matters of record. All of Lot 6,RIVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, a subdivision in Riverside,Platte County,Missouri,according to the plat recorded December 8,2014 as Document No. 2014013715 in Platte Book 21 at Page 24 Together with an easement of enjoyment in and to all Common Property, as said easement and common property are established and defined by the Declaration of covenants, restrictions, easement, charges, assessments and liens for Horizons Business Park/Planned Development District, recorded March 9, 2012 as Document No.2012003468 in Book 1187 at Page 286. TO HAVE AND TO HOLD, the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear from any encumbrance done or suffered by it, except as provided herein; and that it will warrant and defend the title to said premises unto the Grantee and unto the Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming under Grantor and no other, except as provided herein. [The remainder of this page intentionally left blank.] Book 1278 Pa.q a 286 IN WITNESS WHEREOF,the Grantor has executed this Special Warranty Deed as of the day and year above written. CITY OF RIVERSIDE,MISSOURI [SEAL] By: 4AllIAAJ /eat- Name: en L.Rose Title: Mayor ATTEST: • By: = Name: Robin Kincai Title: City Clerk ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF PLATTE ) On this gitei day of April, 2017, before me, the undersigned, a Notary Public, appeared KATHLEEN L.ROSE and ROBIN KINCAID,to me personally known,who,being by me duly sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI,and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen,and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. SARAH WAGNER Notary Public, Notary Seal State of Missouri ame: Platte County Notary Public in and for said tate MY Commission ExpiresNovember 13, 2019 (SEAL) c� My Commission Expires: ' /e- \3 )V Horizons Industrial V Special Warranty Deed Recorded In Platte County, Missouri Recording Date/Time: 05/02/2017 at 12:00:32 PM Instr Number: 2017005449 4' Book: 1278 Page: 287 ``,�`''o�04fl Type: DR DR .a.: e ) .tp Pepe: 7 : Fee: t42,00 S '��/ 11111111111111111111111111111111111111 .4;0;INrt ,°.,`vv, Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boy , Grantee: HORIZONS INDUSTRIAL V LLC Recorder of eede TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE Grantor under Lease Agreement and City of Riverside,Missouri Trust Indenture: 2950 N.W. Vivion Road Riverside,Missouri 64150 Horizons Industrial V,LLC Grantee under Lease Agreement: c/o NorthPoint Development 4825 NW 41st Street,Suite 500 Riverside,Missouri 64150 BOKF,N.A.,as Trustee Grantee under Trust Indenture 4600 Madison Avenue, Suite 800 Kansas City,Missouri 64112 Attention: Corporate Trust Dept. Real Property Legal Description: See Exhibit A on page 7 Document Reference: Document No.2015006252 in Book 1243 at Page 935. Date: May 1,2017 ONCL-LCi‘ B.T' k: 1 278 F' g,e 287 TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE THIS TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE dated as of May 1, 2017 (the"Agreement"), is by and among the CITY OF RVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under the laws of the State of Missouri (the "City"), HORIZONS INDUSTRIAL V, LLC, a Delaware limited liability company(the"Company"), and BOKF,N.A., a national banking association with a corporate trust office located in Kansas City,Missouri, as Trustee(the"Trustee"). WITNESSETH: WHEREAS, the City has heretofore issued its Taxable Industrial Revenue Bonds (Horizons Industrial V, LLC Project),Series 2015, in the aggregate principal amount of$27,000,000(the"Bonds"), under a Trust Indenture dated as of May 14, 2015 (the"Indenture"), between the City and the Trustee,for the purpose of paying the costs of acquiring, constructing, installing and equipping an approximately 495,000 square foot industrial distribution warehouse facility for the Company for industrial development purposes (the "Project"), and located on the real property described in EXHIBIT A, which is attached hereto;and WHEREAS,in connection with the issuance of the Bonds,the City, as lessor, and the Company, as lessee,entered into a Lease Agreement dated as of May 14,2015 (the"Lease");and WHEREAS,the City and the Company caused a Memorandum of Lease Agreement dated as of May 14, 2015 to be filed for record in the office of the Recorder of Deeds of Platte County, Missouri on May 15,2015 as Document No.2015006252 in Book 1243 at Page 935; and WHEREAS, Section 11.4 of the Lease provides that the Company agrees to purchase, and the City agrees to sell, the Project for the sum of$100 at the expiration of the Lease Term or following full payment of the Bonds or provision for payment thereof having been made in accordance with the provisions of the Indenture;and WHEREAS, the Bonds have been paid in full, all sums of money due or to become due according to the provisions of the Indenture have been paid to the Trustee, all liabilities of the Company under the Lease have been paid, and the City has sold the Project to the Company, pursuant to the terms of the Lease; and WHEREAS, the City, the Company and the Trustee hereby acknowledge that all conditions precedent to the satisfaction and discharge of the Indenture and satisfaction and termination of the Lease have been complied with in accordance with the provisions thereof and desire to evidence said satisfaction,discharge and termination; NOW, THEREFORE, THE CITY, THE COMPANY AND THE TRUSTEE DO HEREBY STATE AND DECLARE: 1. That as of the date hereof,all conditions precedent to the satisfaction and discharge of the Indenture have been complied with in accordance with the terms of the Indenture, the Indenture has been satisfied and discharged and the property therein described is hereby released from the lien and effect of the same. 1 Bock 1278 Page 287 2. That as of the date hereof, the Lease (and the Memorandum of Lease Agreement filed with respect thereto)is hereby terminated and shall be no further force and effect. 3. That as of the date hereof, the property situated in Platte County, Missouri described in Exhibit A attached hereto is hereby released from the lien and effect of the instruments described in paragraphs I and 2 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized signatories,all as of the day and year first above written. CITY OF RVERSIDE,MISSOURI [SEAL A By: (,C - _ k.) Name: athleen L.Rose Title: Mayor ATTEST: By: -__' �ob�y� -1 • •—� % Name: Robin Kincaid Title: City Clerk ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF PLATTE ) On this day of April, 2017, before me, the undersigned, a Notary Public, appeared KATHLEEN L.ROSE and ROBIN KINCAID,to me personally known,who,being by me duly sworn, did say that they are the Mayor and City Clerk of the CITY OF RVERSIDE, MISSOURI, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. SARAH WAGNER Notary Public, Notary Seal SPlattte etCountyrl Name: 7(7 P{ Commission S 11277184 Notary Public in and for sal S to ilMy Commission Expires November 13, 2019 (SEAL) My Commission Expires: `lC 'C\59 [Horizons industrial V Termination and Release Agreement] 2 Book 1278 Page 287 HORIZONS INDUSTRIAL V,LLC, a Delaware limited liability company, By: NORTHPOINT HOLDINGS, LLC, a Missouri limited liability company, a member By: Name: Natha ' Hagedorn Title: Mana (dvlemher ACKNOWLEDGMENT STATE OF MISSOURI ) )ss. COUNTY OF PLATTE ) On this ;9't'day of March, 2017, before me, appeared Nathaniel Hagedorn, to me personally known, who being duly sworn, did say that he is the Managing Member of NorthPoint Holdings, LLC, a Missouri limited liability company, a member of HORIZONS INDUSTRIAL V, LLC, a Delaware limited liability company(the"Company"),and that the foregoing instrument was signed for the purposes therein contained on behalf of the Company and by authority of the Company; and he further acknowledged said instrument to be the free act and deed of the Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • HEATHER R PFENDER Notary Public Notary Public, Notary Seal State of Missouri !/ Clay County , -i e Commission bu yMy Commission Expires Feha 24, 2019 Printed Name My Commission Expires: /_Q1 /LiL1 f1�J ?41(44 [Horizons Industrial V Termination and Release Agreement] 3 Baak 1278 Pa.ge 287 By: THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY a Wisconsin corporation, a member �,llllllll//��' %``i3OsNESTEq�,I,,� By: Northwestern Mutual �O•;GpRpp ••.•G�,�.� Investment Management Company, LLC, a Delaware ► - F -_ limited liability company, its r r = wholly-owned affiliate s '•.•SFAI. •" CE COMQP�,�‘ B ���111111��N Y�� piL Name: Put J. Hanson Title: Managing Direct r (corporate seal) By: Nai . Title:Assistant cretary ACKNOWLEDGMENT STATE OF WISCONSIN ) ss. COUNTY OF MILWAUKEE ) March On this 24th day of Atpusclr 2017, before me, appeared Paul J. Hanson and Mark Humphrey , to me personally known, who being duly sworn, did say and each for himself did say that the said Paul ,T. HanQnn is the Managing Director and Mark Humphrey is the Assistant Secretary of Northwestern Mutual Real Estate Investments, LLC, on behalf of The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, a member of HORIZONS INDUSTRIAL V, LLC, a Delaware limited liability company and that said instrument was signed and sealed in behalf of said limited company, and the said Paul J. Hanson and Mark Humphrey acknowledged said instrument to be the free act and deed of said limited liability company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. PAMELA J.GULCZYNSKI -11-it,mdeu 744i9r-6"'isf Notary Public NOTARY PUBLIC Pamela J. Gulczynski STATE OF WISCONSIN Printed Name My Commission Expires: October 30, 2018 LI Bank 1278 Page 287 ottetw11% to" g 0 K F ��i,• BOKF,N.A.,as Trustee SEAL By: • = Nam Ken J. ►tson 4 ,... 'PO% Title: Vice Pre.ident (SEAL) ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF JACKSON ) On this ten day of April. 2017, before me. the undersigned. a Notary Public in and for said State. personally appeared KEN J. DOTSON, to me personally known, who, being by me duly sworn, did say that he is a Vice President of BOKF, N.A.. a national banking association, and that the seal affixed to the foregoing instrument is the corporate seal of said hank.and that said instrument was signed and sealed in behalf of said hank by authority of its board of directors,and said individual acknowledged said instrument to be the free act and deed of said bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. NICOLE D.MORGAN • Notary Public-Notary Seal State of Missouri __ Commissioned for Jackson County Notary Pub!! -S a •of ssouri My Commission Expires:04/22/2018 Commission#14302802 [SEA'. My appointment expires L1'22- 1 Y Esoz. k 12 78 Page 287 Exhibit A LEGAL DESCRIPTION All of the following property located in Platte County, Missouri: All of Lot 6, RVERSIDE HORIZONS INDUSTRIAL V EAST, SECOND PLAT, a subdivision in Riverside,Platte County,Missouri,according to the plat recorded December 8,2014 as Document No.2014013715 in Platte Book 21 at Page 24 Together with an easement of enjoyment in and to all Common Property, as said easement and common property are established and defined by the Declaration of covenants, restrictions, easement, charges, assessments and liens for Horizons Business Park/Planned Development District, recorded March 9, 2012 as Document No.2012003468 in Book 1187 at Page 286. IMAGED