HomeMy WebLinkAbout1535 Fourth Amendment Purchase and Sale GSBR Associates, LLC BILL NO. 2017-033 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF THE FOURTH
AMENDMENT TO AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY OF
RIVERSIDE, MISSOURI AND GSBR ASSOCIATES, LLC
WHEREAS, by and through Ordinance No. 1224 passed and approved by a majority of
the Board of Aldermen and approved by the Mayor of the City of Riverside, Missouri ("City") on
June 18, 2013, the Board authorized the City to enter into an Agreement of Purchase and Sale
("Original Agreement") with GSBR Associates, LLC, a Missouri limited liability company
("GSBR"), related to the purchase and sale of approximately 14 acres of land located in the City
of Riverside, Missouri (the "Property"); and
WHEREAS, by and through Ordinance No. 1304 passed and approved by a majority of
the Board of Aldermen and approved by the Mayor of the City on April 15, 2014, the Board
authorized the City to enter into an Amendment to Agreement of Purchase and Sale ("First
Amendment") with GSBR extending the Feasibility Period, the Due Diligence Period, and the
Closing Date under the Original Agreement and agreeing to other terms and conditions; and
WHEREAS, by and through Ordinance No. 1337 passed and approved by a majority of
the Board of Aldermen and approved by the Mayor of the City on July 15, 2014, the Board
authorized the City to enter into a Second Amendment to Agreement of Purchase and Sale
("Second Amendment") with GSBR extending the Feasibility Period, the Due Diligence Period,
and the Closing Date; and
WHEREAS, by and through Ordinance No. 1445 passed and approved by a majority of
the Board of Aldermen and approved by the Mayor of the City on January 19, 2016, the Board
authorized the City to enter into a Third Amendment to Agreement of Purchase and Sale
(together with the Original Agreement, the First Amendment, and the Second Amendment, the
"Agreement") with GSBR extending the Feasibility Period, the Due Diligence Period, and the
Closing Date; and
WHEREAS, GSBR and the City desire to amend the Agreement pursuant to the Fourth
Amendment to Agreement of Purchase and Sale attached hereto as Exhibit A and incorporated
herein (the "Fourth Amendment") to provide for a further extension of the Feasibility Period, the
Due Diligence Period, and the Closing Date under the Agreement, and agreeing to other terms
and conditions as set forth therein; 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, and the terms and
conditions of the Agreement, as well as in furtherance of the objective to protect the health,
safety, and welfare of the businesses and citizens of the City, to enter into and deliver the
Fourth Amendment 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 FOURTH AMENDMENT.
In order to further the objectives of industrial and economic development of the City, and the
WA 9569756.1
terms and conditions of the Agreement, as well as in furtherance of the objective to protect the
health, safety, and welfare of the businesses and citizens of the City, the Fourth Amendment to
Agreement of Purchase and Sale attached hereto as Exhibit A and incorporated herein (the
"Fourth Amendment") to provide for a further extension of the Feasibility Period, the Due
Diligence Period, and the Closing Date under the Agreement, as well as the Access Easement
and Maintenance Agreement attached thereto, and agreeing to other terms and conditions as
set forth therein is hereby approved.
SECTION 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City
to execute and deliver the Fourth Amendment, consistent with the terms of this Ordinance and
Missouri law, and hereby authorizes the Mayor, the City Administrator, Special Counsel to the
City and other appropriate City officials to execute the Fourth Amendment to Agreement of
Purchase and Sale in substantially the same form as Exhibit A, and 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.
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 18" day of April, 2017.
K leen L. Rose, Mayor
A
Robin Kincaid, City Clerk
f Approv form:
Spa ane LLP
Spe ' C sel to the City
by Joe Bednar
2 WA 9569756.1
EXHIBIT A
FOURTH AMENDMENT TO AGREEMENT OF PURCHASE AND SALE
3 WA 9569756.1
FOURTH AMENDMENT TO AGREEMENT OF PURCHASE AND SALE
THIS FOURTH AMENDMENT TO AGREEMENT OF PURCHASE AND
SALE (this "Amendment") is entered into and effective as of April _, 2017, by and
between THE CITY OF RIVERSIDE, MISSOURI ("Seller") and GSBR ASSOCIATES,
LLC, a Missouri limited liability company ("Purchaser'), collectively the "Parties", for
the purposes and consideration herein expressed.
WITNESSETH:
WHEREAS, Purchaser and Seller have previously entered into that certain
Agreement of Purchase and Sale dated as of June 26, 2013, as amended by that certain
Amendment to Agreement of Purchase and Sale dated as of April 30, 2014, and as further
amended by that certain Second Amendment to Agreement of Purchase and Sale dated as
of July 15, 2014, and as amended by that Third Amendment to Agreement of Purchase
and Sale as of January 19, 2016, (collectively, the "Agreement') for the purchase and
sale of approximately fourteen(14) acres of land in the City of Riverside, Missouri;
WHEREAS, Purchaser and Seller have, by way of written agreements through
their authorized agents, agreed to additional extensions (the "Extensions") of the
Feasibility Period, the Due Diligence Period, and the Closing Date (as such terms are
defined in the Agreement); and
WHEREAS, Purchaser and Seller desire to (i) ratify the Extensions; and (ii)
further amend the Agreement to provide for further extensions of the Feasibility Period,
the Due Diligence Period, and the Closing Date, as well as to make such other
amendments to the Agreement as are set forth herein.
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller and Purchaser hereby agree as follows:
1. Ratification of Extensions. The parties agree that the Extensions are
hereby confirmed, ratified, and approved in all respects, to the extent such Extensions
have extended the Feasibility Period, the Due Diligence Period, and the Closing Date, up
to and including the date of this Amendment.
2. Additional Extensions of Deadlines. The parties agree that the Feasibility
Period, the Due Diligence Period, and the Closing Date are hereby extended as follows:
Period or Date: Extended Deadline:
Feasibility Period August 31, 2017
Due Diligence Period August 31, 2017
Closing Date Thirty (30)days following completion of the
Due Diligence Period
3. Access Easement and Maintenance Agreement. The Parties agree that in
it is in the best interest of the parties to adopt the Access Easement and Maintenance
Agreement ("Access Agreement'), attached hereto as Exhibit A and incorporated herein,
and as such Purchaser shall cause the execution of said Access Agreement by Platte
Valley Investment LLC, the owner of the property wherein said easement shall be
located.
4. Conflicts. Except as herein modified, the Agreement is hereby confirmed
as being in full force and effect without default on the part of either Seller or Purchaser.
In the event of any conflict between the terms and provisions of the Agreement and this
Amendment,the terms and provisions of this Amendment shall govern.
5. Defined Terms. Terms not otherwise defined herein shall have the
meanings given to them in the Agreement.
6. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of which shall
constitute one amendment. To facilitate execution of this Amendment, the parties may
execute and exchange by telephone facsimile or electronic e-mail, counterparts of
signature pages.
[Remainder of Page Intentionally Left Blank—Signature Page to Follow]
IN WITNESS WHEREOF, the undersigned have executed this Fourth
Amendment to Agreement of Purchase and Sale as of the day and year first above
written.
PURCHASER:
GSBR ASSOCIATES, LLC
By:
Name: Irwin E. Blond
Title: Manager
SELLER:
THE CITY OF RIVERSIDE, MISSOURI
By: D
NanYe: Kathleen L. Rose
Title: Mayor
ESCROW AGENT RECEIPT
The undersigned Escrow Agent acknowledges receipt of this Fourth Amendment
to Agreement of Purchase and Sale and agrees to administer the Agreement as the same
has been modified by this Amendment.
ASSURED QUALITY TITLE COMPANY
By:
Name:
Title:
Date:
EXHIBIT A
ACCESS AND MAINTENANCE AGREEMENT
COVER PAGE FOR RECORDING
Title of Document: Access Easement and Maintenance Agreement
Date of Document: 12017
Grantor: Platte Valley Investment, LLC
Grantee: City of Riverside, Missouri
2950 NW Vivion Road
Riverside, Missouri 64150
Attn: City Administrator
Legal Description: See Exhibits attached hereto and made a part hereof
Reference Book and Page(s): Not applicable
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Easement")
is made and entered into this _ day of , 2017, by and between Platte Valley
Investment, LLC, a Delaware limited liability company ("Grantor"), and the City of Riverside,
Missouri, a city and political subdivision duly organized and existing under the constitution and
laws of the State of Missouri ("Grantee'), collectively the"Parties".
WITNESSETH:
WHEREAS, Grantor is the owner of the real property ("Grantor's Property") legally
described on Exhibit "A" and depicted on Exhibit "D", each attached hereto and incorporated
herein; and
WHEREAS, Grantee is the owner of the real property ("Grantee's Property") legally
described on Exhibit "B" and depicted on Exhibit "D", each attached hereto and incorporated
herein; and
WHEREAS, Grantor and Grantee desire to establish and create a non-exclusive ingress
and egress access easement in favor of Grantee, its employees, agents, representatives,
contractors, subcontractors and invitees, to provide access for Grantee's Property from and
across a portion of Grantor's Property (the "Access Easement Area") legally described on
Exhibit"C" and depicted on Exhibit"D", each attached hereto and incorporated herein; and
WHEREAS, the parties desire to agree upon certain terms regarding the construction of
improvements in,and maintenance of, the Access Easement Area.
NOW, THEREFORE, in consideration of the premises, the respective covenants of the
parties herein set forth, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto grant, agree and covenant as follows:
1. RECITALS. The foregoing recitals are incorporated herein by this reference.
2. ACCESS EASEMENT. Grantor hereby grants, conveys and confirms to
Grantee, and to the successors in interest of Grantee's Property, for the use, benefit and
enjoyment of Grantee, the successors in interest to Grantee's Property, and their employees,
agents, representatives, contractors, subcontractors invitees, agents, independent contractors,
customers and guests, a perpetual non-exclusive right, privilege and easement to go over, across
and through the Access Easement Area for ingress and egress by pedestrian or vehicular traffic:
None of the parties and their successors, assigns or transferees shall do or permit to be done
anything which unreasonably impedes the free flow of traffic over the Access Easement Area.
3. CONSTRUCTION OF IMPROVEMENTS.
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A. Grantee's Improvement Obligations. During initial construction of
improvements and infrastructure on Grantee's Property, Grantee, at Grantee's sole cost
and expense, agrees to have aggregate base rock or other appropriate base material
installed upon the—feet on both sides of the center line (a total of_feet wide) of the
Access Easement Area from to Grantee's Property within _ (__) days after
written notification from the Grantee that initial construction has commenced. Then on or
before _ (__) months following the completion of such initial improvements and
infrastructure, Grantee, at Grantee's sole cost and expense, shall complete the
construction of a(n) gravel/(asphalt) roadway along the _ foot wide area previously
described. The improvements constructed by Grantee shall include [curb and gutter] on
the _ side of the roadway. The parties agree that the Grantor also has an easement
across the same Access Easement Area for ingress and egress by pedestrian or vehicular
traffic.
B. Grantee's Additional Improvement Rights. Grantee shall have the right, at
Grantee's sole cost and expense, to construct additional roadway improvements in the
Access Easement Area to widen the gravel/asphalt roadway. To the extent that Platte
County, Missouri Department of Transportation, the City or any other governing
jurisdiction requires the roadway and right of way at the intersection of the Access
Easement Area to be improved as a result of or in any way related to the development of
Grantee's Property, including, but not limited to, widening the roadway, adding turn
lanes, installation of a traffic signal in the right of way/intersection, curb and guttering or
any other improvements to or associated with the roadway within or adjacent to the
Access Easement Area at any point in the future, Grantee shall be responsible to
construct, at Grantees' sole cost and expense, such required roadway and intersection
improvements. To the extent there are curb and gutter constructed on the south side of the
roadway in the Access Easement Area pursuant to improvements constructed by Grantee,
curb cuts and roadway entrances shall be allowed and constructed at locations approved
in writing by Grantor to allow access to the remainder of Grantor's Property.
Notwithstanding anything herein to the contrary, the parties acknowledge and agree that
Grantee may, at its option and sole cost and expense, construct additional roadway
improvements in the Access Easement Area.
4. MAINTENANCE OF ACCESS EASEMENT AREA. Except as set forth in
Section 3 above,the parties agree that the parties and any future owners of the parties' respective
properties shall be responsible to maintain, repair or replace the roadway improvements located
within the Access Easement Area. Notwithstanding anything above to the contrary, Grantee
shall be responsible for 100% of all maintenance and repair of the roadway improvements in the
Access Easement Area as long as Grantee is owner of Grantee's Property. Grantee agrees to
keep the gravel roadway reasonably maintained during the Construction Phase.
5. RESTRICTIONS ON USE OF ACCESS EASEMENT AREA. Neither of the
Grantor, Grantee, or their respective successors or assigns shall so use or permit the use of the
Access Easement Area so as to unreasonably prevent or restrict the free and uninterrupted use
thereof by the other or their invitees. Further, none of Grantor, Grantee, and their respective
successors or assigns shall do or permit to be done anything which unreasonably impedes the
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free flow of traffic over the Access Easement Area or to and from Grantee's Property by way of
the Access Easement Area, including, but not limited to, parking vehicles in the Access
Easement Area or constructing perimeter fencing or other barriers on Grantor's Property which
restrict access to Grantee's Property or Grantor's Property over the Access Easement Area. In
the event that Grantor, Grantee, or their respective successors or assigns do or permit anything to
be done which unreasonably impedes the free flow of traffic over the Access Easement Area, the
other party may provide written notice of such a default. In the event that the free flow of access
is not restored to the Access Easement Area within three (3) days after such notification, the
party responsible for such impediment shall be in default of this Easement and subject to legal
and equitable remedies, including, but not limited to, damages and injunctive relief.
6. TERM OF EASEMENT. This Easement is granted in perpetuity and shall run
with the land, unless and until all parties, or their respective legal representatives, successors or
assigns,execute a written termination hereof.
7. GRANT OF EASEMENT ONLY. Grantor is not hereby conveying any land or
title thereto,but merely granting the rights,privileges and easements hereinabove set forth.
8. DEDICATION. Grantor, as the fee owner of the Access Easement Area, shall not
be required under this Easement to dedicate the Access Easement Area to any governing body for
the use by the public. Grantee agrees to consent to the dedication of the Access Easement Area
upon the request of Grantor to dedicate the roadway for public use. In the event Grantor agrees to
dedicate the Access Easement Area to a governing body, development rights to Grantee's
property granted to Grantor by Grantee shall be considered sufficient compensation paid, if any,
by the accepting governing body.
9. INSURANCE. Each party shall maintain, at their own cost, a separate policy or
policies providing commercial general liability insurance which shall include but not be limited
to bodily injury, property damage, personal injury, and broad form contractual liability, in an
amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate combined
single limit. Such coverage shall apply to the parties' rights related to and use of the Access
Easement Area. Each party shall name each of the other parties as an additional insured under
such policies.
10. INDEMNIFICATION.
The indemnifications and covenants contained in this Section shall survive termination or
expiration of this Agreement.
A. By Grantees. Neither the Grantee nor its governing body members,
officers, agents, attorneys, employees and independent contractors shall be liable for any
damage or injury to the persons or property of the Grantor or its officers, agents,
employees, independent contractors or any other persons who may be about the Access
Easement Area or Grantee's Property except, to the extent required by law, for matters
arising out of the gross negligence or willful misconduct of the Grantee and its governing
body members, officers, agents, attorneys, employees and independent contractors.
Nothing in this Agreement shall be a waiver of any sovereign immunity defense available
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to the Grantee or its governing body members, officers, agents, attorneys, employees and
independent contractors.
B. All covenants, stipulations, promises, agreements and obligations of the
Grantee contained herein shall be deemed to be the covenants, stipulations, promises,
agreements and obligations of the Grantee and not of any of its governing body members,
officers, agents, attorneys, employees or independent contractors in their individual
capacities. No governing body members, officers, agents, attorneys or employees of the
Grantee shall be personally liable to the Grantor in the event of a default or breach by any
party under this Agreement.
C. By Grantor. The Grantor releases from and covenants and agrees that the
Grantee, and their respective governing body members, officers, agents, attorneys,
employees and independent contractors shall not be liable for, and agrees to indemnify
and hold harmless the Grantee, and their respective governing body members, officers,
agents, attorneys, employees and independent contractors against any and all claims,
demands, liabilities and costs, including reasonable attorneys' fees, costs and expenses,
arising from damage or injury, actual or claimed, to persons or property occurring or
allegedly occurring as a result of any acts or omissions of the Grantor, its members,
officers, agents, attorneys, employees and independent contractors, in connection with its
or their activities conducted pursuant to this Agreement.
D. Grantor shall defend all actions against Grantee with respect to, and shall
pay, protect, indemnify and save harmless Grantee from and against, any and all
liabilities, lawsuits, damages, costs, expenses (including reasonable attorneys' fees and
expenses), causes of action, claims, demands, or judgments of any nature arising from (i)
injury to or death of any person, or damage to or loss of property, on or connected with
Grantor's use of the Access Easement Area, (ii) Grantor's violation of this Easement, or
(iii) any negligent act or omission or willful misconduct of Grantor or its agents,
contractors, invitees or employees. To the extent of its knowledge, Grantor agrees to
promptly notify Grantee of any claim, action, proceeding or suit instituted or threatened
against Grantee or any event which may be covered by some form of insurance, in each
case if covered by this indemnity. In the event Grantee is made a party to any action for
damages which Grantor has herewith agreed to indemnify Grantee against, then Grantor
shall pay all costs and shall provide effective counsel in such litigation.
11. SUCCESORS AND ASSIGNS BOUND. This Easement shall be binding upon
and shall inure to the benefit of Grantor, Grantee, their respective successors in interest to
Grantor's Property and Grantee's Property, and their respective legal representatives, successors
and assigns.
12. ENTIRE AGREEMENT. This Easement, along with the exhibits attached
hereto, is the entire agreement between the parties and no party shall be bound by any verbal
representation altering the terms of this Easement, whether by the parties or their agents.
13. AMENDMENTS. This Easement may be amended at any time, but only by an
instrument in writing executed by the parties hereto, or their successors and assigns, as
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applicable. Any party hereto may waive any requirement to be performed by the other party,
provided that such waiver shall be in writing and executed by the parties waiving the
requirement.
14. GOVERNING LAW/ENFORCEMENT. This Easement shall be construed and
interpreted in accordance with, and governed by, the laws of the State of Missouri. In the event
any party is required to pursue legal action to enforce the rights or obligations described herein,
the prevailing party shall be entitled to receive from the other party (and a court order for)
reimbursement of the prevailing party's attorney fees, costs and expenses incurred in connection
with the prosecution or defense of such claim,as the case may be.
15. SEVERABILITY. If any provision of this Easement shall be held to be void or
unenforceable for any reason, such provision shall be deemed modified so as to constitute a
provision conforming as nearly as possible to such void or unenforceable provision while still
remaining valid and enforceable, and the remaining terms or provisions hereof shall not be
affected thereby.
16. SURVIVAL Notwithstanding the expiration or termination or breach of this
Agreement by any party, the agreements contained in Section 10 of this Agreement shall, except
as otherwise expressly set forth herein, survive such early expiration or early termination of this
Easement by any party.
17. COUNTERPARTS. This Easement may be executed in separate counterparts
and the separate counterparts shall constitute the entire Easement. Any signature on a counterpart
received via facsimile shall constitute an original signature and shall be regarded as an originally
executed counterpart.
[Remainder of Page Left Blank—Signature Page and Acknowledgements to Follow]
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IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement to be executed the
day and year first above written.
GRANTOR:
PLATTE COUNTY INVESTMENT, LLC
By:
Name:
Title: Manager
STATE OF MISSOURI )
ss.
COUNTY OF )
On this_day of 2017, before me personally appeared to
me personally known, who being by me duly sworn, did state that she/he executed the foregoing
instrument in the capacity of Manager of Platte County Investment, LLC, a Delaware limited
liability company,on behalf of said company as its free act and deed.
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.
Notary Public
My commission expires:
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GRANTEE:
THE CITY OF RIVERSIDE,MISS URI
By:
Nam. Kathleen L. Ros
Title: Mayor
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this jfday of 2017, before me personally appeared Mayor Kathleen
Rose to me personally known, o being duly sworn, did say that she is the Mayor of the City of
Riverside, Missouri, that said instrument was signed on behalf of said City by authority of its
Board of Aldermen and she acknowledged said instrument to be 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.
. t a
. SFi1L : CLU COU* Notary Public
ww OP hi'mn#1S30 I
My commission expires: C % g� a o / 9
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EXHIBIT"A"
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
Lots 4 and 5 of PLATTE COUNTY INDUSTRIAL PARK, a subdivision in the City of
Riverside, Platte County, Missouri,according to the recorded plat thereof.
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EXHIBIT "B"
LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
Part of Lots 4 and 5 of the Commissioners Plat of George Roberts Estate, lying between the
North right of way line of the Chicago Burlington and Quincy Railway Co. and the South right
of way of Missouri State Highway No. 45, located in Section 6, Township 50, Range 33, also
part of the West Half of Section 5, Township 50, Range 33, lying between the North right of way
line of the Chicago Burlington and Quincy Railway Co. and the South right of way of Missouri
State Highway No. 45, all in Platte County,Missouri, being described as follows:
Beginning at the point of intersection of the Northeasterly right of way line of said Railroad with
the Section line between Sections 5 and 6, at a point which is North 00 degrees 33 minutes 30
seconds East 2294.22 feet from the Southeast corner of said Sections 6, being also the Southeast
corner of said Lot 5; thence North 65 degrees 20 minutes West along the Northeasterly right of
way line of said Railroad, 1161.17 feet to a point on the West line of said Lot 4; thence North 00
degrees 40 seconds East and along the West line of said Lot 4, 778.82 feet, more or less, to a
point on the Southwesterly right of way line of said State Highway No. 45, thence southeasterly
along said Southwesterly right of way line, being a curve to the right, having a radius of 925.37
feet, an arc distance of 16.3 feet, more or less, to a point 30.00 feet from the centerline Station
316+40.98 as shown on Highway Plans; thence Southeasterly along said Southwesterly right of
way line 522.22 feet to a point 30.00 feet from centerline at Station 321.63.2; thence continuing
Southwesterly along said Southwesterly right of way line on a curve to the left having a radius of
1462.70 feet, an arc distance of 266.35 feet to a point 30.0 feet from centerline Station
124+24.03; thence continuing Southeasterly along said Southwesterly right of way line 1327.83
feet to a point 30.0 feet from centerline Station 337+51.86; thence continuing Southeasterly
along the Southwesterly right of way line of said Highway, being a curve to the right having a
radius of 2834.90 feet, an arc distance of 202.10 feet to a point 30.0 feet from centerline Station
339+51.86; thence continuing Southeasterly along the Southwesterly right of way line of said
Highway, 190.0 feet, more or less, to its intersection with the East line of the West Half of said
Section 5; thence South 00 degrees 33 minutes 10 seconds West 1034.44 feet, more or less, to a
point on the Northeasterly right of way line of said Chicago Burlington and Quincy Railway Co.;
thence North 65 degrees 20 minutes West and along said Northeasterly right of way line,
1436.70 feet to the point of beginning.
EXCEPT the following described tract:
Beginning at a point on the Section line between said Sections 5 and 6, which is North 00
degrees 33 minutes 30 seconds East, 2880.26 feet from the Southwest corner of said Section 5;
thence South 85 degrees 25 minutes East 599.76 feet; thence North 15 degrees 16 minutes 17
seconds East 119.34 feet, more or less, to a point in the Southwesterly right of way line of said
State Highway No. 45, thence Northwesterly along the Southwesterly right of way line of said
Highway 656.41 feet; more or less, to a point in the West line of said Section 5; thence South 00
degrees 33 minutes 30 seconds West and along the West line of said Section 5, 249.96 feet, more
or less,to the point of beginning.
ALSO EXCEPT
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That part of the above described tract lying West of the West right of way line of Van
DePopulair Road, being the same tract conveyed to M.M.B. Company, by Special Warranty
Deed filed October 28, 1970, as Document No. 29445; in Book 350 at page 342.
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EXHIBIT"C"
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
Tract 1:
The North 25 feet of that part of Lot 5, adjacent to Lot 4, all in PLATTE VALLEY
INDUSTRIAL PARK, a subdivision in the City of Riverside,Platte County, Missouri.
Tract 2:
The South 25 feet of that part of Lot 4, adjacent to Lot 5, all in PLATTE VALLEY
INDUSTRIAL PARK, a subdivision in the City of Riverside, Platte County, Missouri.
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EXHIBIT "D"
DEPICTION OF PROPERTIES AND ACCESS EASEMENT AREA
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