HomeMy WebLinkAbout2005-121 - Project Management Agreement with Edward P. O'Connor, JrBILL NO. /,Q /
ORDINANCE NO.
AN ORDINANCE APPROVING A PROJECT MANAGEMENT AGREEMENT
BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND EDWARD P. O'CONNOR, JR.
WHEREAS, the City of Riverside, Missouri ( "City"), after recommendation by the Tax
Increment Financing Commission of Riverside, Missouri ( "TIF Commission "), approved the L-
385 Levee Redevelopment Plan, as amended, classified the Redevelopment Area as a "blighted
area" and designated it as a redevelopment area under the Act; and
WHEREAS, the City is the owner of certain real property consisting of approximately
525 acres of land located in the Redevelopment Area, as more particularly described in the
Project Management Agreement (defined below) (the "Redevelopment Property "); and
WHEREAS, the City desires to provide for the preparation of a Master Plan for the entire
City, and to maximize the value of the Redevelopment Property; and ,
WHEREAS, the City and Edward P. O'Connor, Jr. desire to enter into a Project
Management Agreement to achieve the goals of the City, subject to the terms and conditions of
such Agreement.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri as follows:
1. The Project Management Agreement is hereby approved in the form presented
with this Ordinance (a copy of which document is on file with the City Clerk), and the City is
hereby authorized to enter into, execute and deliver such document.
2. The City Administrator, and other appropriate officers, agents and employees of
the City are hereby authorized to take such further actions as may be necessary to carry out and
comply with this Ordinance, and to carry out, comply with and perform the duties of the City
with respect to the Project Management Agreement.
PASSED AND APPROVED, this ,L— day of November, 2005.
Attest:
[seal]
o ise Rusick, Ci Clerk
Beard, Mayor Pro Tern
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PROJECT MANAGEMENT AGREEMENT
THIS PROJECT MANAGEMENT AGREEMENT, ( "Agreement') executed this
g— day of AA, , be 2005, by and between the City of Riverside, Missouri, (the "City")
and Edward P. O'Connor, Jr., LLC, a Kansas limited liability company (the "Project Manager ").
RECITALS
1. City owns that certain land described in Exhibit A hereto, and commonly known
as the Riverside Horizons Project, which totals approximately 541 acres, as well as other real
property owned by the City at the time of the execution of this Agreement or that will be
acquired by the City and designated to be included in this Agreement by mutual consent of the
City and the Project Manager (the "Property").
2. The Project Manager is experienced in the development, operation and
management of real property, and the City has requested that the Project Manager assume certain
project management responsibilities in connection with the Property.
3. The City and the Project Manager desire to enter into this Agreement respecting
the planning, sale, management or operation of the Property, upon the terms and conditions
hereinafter set forth with the objective of maximizing the value of the Property for the City and
its residents, and positioning the Property for sale;
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein and for other good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agrees as follows:
4. Management City hereby retains the Project Manager exclusively to facilitate
and manage the completion of the Master Plan process for the City that was begun in 1996, as
well as, the overall project management and sale of the Property in accordance with the Master
Plan adopted by the Board of Aldermen of the City as well as the provisions hereinafter set forth,
and the Project Manager hereby accepts such engagement.
5. Term The term of this Agreement shall commence upon the execution of this
Agreement and shall continue until terminated as provided herein.
6. Project Manager's Obligations The Project Manager shall, subject to the
direction of the City, use its best efforts to position the Property for sale in accordance with the
terms and conditions of the Master Plan adopted by the Board of Aldermen and the City, and
pursuant to the terms of this Agreement and in compliance with all laws, ordinances, rules and
regulations of any governmental body having jurisdiction over the Property. The Project
Manager shall be responsible for collaborating with the City to set the strategic direction of the
Property, communicating the strategic direction to the City's staff, and ultimately performing its
services hereunder.
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7. Scope of Services
(a) Master Planning Facilitation. Project Manager shall facilitate the preparation,
adoption and implementation of a Master Plan for the City. Upon completion and
adoption of a Master Plan, the City will execute an Affidavit of Completion and alleviate
and release Project Manager of any and all further liability with respect of Project
Manager's obligation under this Section 7(a).
(b) Project Management. The Project Manager shall, subject to the direction of
the City, use its best efforts to position the Property for sale in accordance with the Maser
Plan pursuant to the terms of this Agreement and in compliance with all laws, ordinances,
rules and regulations of any governmental body having jurisdiction over the Property.
(c). Land Sales. The City agrees to enter into, and maintain for the term of this
Agreement, a brokerage agreement with Waterford Property Company, LLC ("Broker"),
a licensed real estate broker owned in majority part by the Edward P. O'Connor, Jr.
Revocable Trust dated September 13, 2005, of which Edward P. O'Connor, Jr. is the
grantor and trustee, in the form attached hereto, a licensed real estate broker owned by
Edward P. O'Connor, Jr., in the form as Exhibit B (the "Brokerage Agreement'). In the
event of any conflict between this Agreement and Exhibit B, the terms of this Agreement
shall control.
8. Utilities Project Manager shall advise the City concerning contracts for
electrical, water, telephone, sewage and all other utilities necessary for development of the
Property.
9. Records and Compliance Project Manager shall cause to keep and maintain true
and accurate records (and all supporting invoices, vouchers and the like) relating to this
Agreement and all receipts and disbursements collected and made in respect thereto, all of which
shall be and remain the property of the City and subject to its inspection at all times.
10. R orts. Project Manager shall deliver to City, within 20 days after the end of
each calendar month, in a form acceptable to City, an operational summary for th Project. At
least monthly, Project Manager shall meet with City staff and the Board of Aldermen to review
the performance of the Project.
11. Engagement Fee The Project Manager shall pay to the City an Engagement Fee
in the amount of $110,000.00 within 20 business days after this Agreement is executed by both
parties. Project Manager shall have access to all existing reports and documents in the
possession of the City relating to master planning and real property matters.
12. Compensation
(a) Project Management Fee. The City shall pay to Project Manager as
compensation for the project management services provided by Project Manager
hereunder, a management fee as follows:
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(i) The Project Manager shall receive a fee in the amount of $7,500,
payable in six (6) equal monthly payments for the facilitation and the finalization
of the citywide Master Plan for the City.
(ii) The Project Manager shall receive ten percent (10 %) of the
Increased Value of the Property (as defined below) of each land sale, after closing
costs, payable at closing. The City and Project Manager recognize that the City
may determine that it is in the best interest of the City and the public to transfer a
portion or all of the Property to a purchaser at a sale price which is less than fair
market value as a part of an economic development agreement. If the City sells
the Property, or any portion of the Property, at less than fair market value, the
Increased Value of the Property will be determined by appraisal in the same
manner set forth in Section 12(c) rather than by the stated sale price. In
appraising the fair market value for purposes of this Section 12(c) the appraiser
shall include the value of any economic benefits received by the transferee as a
part of the development agreement with the City. Alternatively, value may be
determined mutually by the City and Project Manager.
(b) In the event that the Broker sells the City's land in which a real estate
agent is representing a Buyer, a fee of six percent (6 1 /o) of the total sale price will be split
evenly between the Broker and the Buyer's real estate agent. In transactions in which a
Buyer is not represented by a real estate agent, the Broker will be paid a reduced fee of
five percent (5 %) of the total sale price.
(c) "Increased Value" of the Property shall mean an amount equal to the
appraised value, or sales price, if sold, of the Property (or such portion of the Property, as
applicable) as of the date that the Property is transferred as determined by a mutually
agreed upon licensed commercial real estate appraiser, less
(i) the agreed upon base value of the Property (or such portion of the
Property, as applicable) pursuant to Exhibit C attached hereto and incorporated
herein by reference, and
(ii) the agreed upon amount of capital costs attributable to the Property (or
such portion of the Property, as applicable) pursuant to Exhibit C attached hereto
and incorporated herein by reference.
If City and Project Manager are unable to mutually agree upon an appraiser, each shall
then name an appraiser, who shall be an MAI appraiser or licensed by the State of
Missouri, the two (2) appraisers so named shall select a third appraiser, and the average
of the three (3) appraisals shall be the appraised value of the Property.
13. Waiver of Additional Compensation The City and the Project Manager
recognize that the efforts of Project Manager under this Agreement will result in benefits to the
City, including increased sales tax, Tax Increment Financing revenue, Transportation
Development District tax revenues, and tourism tax, derived from property not owned by the
City. The Project Manager waives any fee or payment of any type with respect to these benefits
described in this Section 13.
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14. Expenses The Project Manager shall be paid actual expenses for travel and
meetings approved in advance by the city in accordance with the City policy for reimbursement
of City officials.
15. Insurance The City shall procure such insurance coverage on the Property in
such amounts and with such coverages deemed proper by City, naming Project Manager and
Broker as additional insureds on all insurance policies. The City and Project Manager
acknowledge and agree that the City owns the Property and provides all salaries and benefits for
employees of the City, and that the City carries policies of insurance with respect to the Property
and its employees. The City hereby releases Project Manager from any responsibilities for
liability arising from the City's business operations and the City's employees, including workers
compensation claims of the employees, and indemnifies Project Manager with respect to any
claims of liability arising from such business operations and such employees.
16. Indemnity
(a) Project Manager shall indemnify and save the City harmless from and against
all liability, actual damages and expenses (including reasonable attorney's fees) suffered
by the City as a consequence of
(i) any bodily injury and/or property damage occurring on or about the
Property during the term of this Agreement and caused by the negligence or
willful misconduct of Project Manager or its employees, agents, representatives,
licensees or invitees,
(ii) Project Manager's breach of any of the terms, covenants and
conditions of this Agreement, or
(iii) the violation of or non - conformance with any federal, state or local
statute, ordinance, administrative rule, or regulation, including without limitation
the Americans with Disabilities Act of 1990 and all amendments thereto, by
Project Manager or its employees, agents, representatives, licensees or invitees.
(b) The City shall indemnify and save Project Manager harmless from and
against all liability actual damages and expenses (including reasonable attorney's fees)
suffered by Project Manager as a consequence of
(i) any bodily injury and/or property damage occurring on or about the
Property during the term of this Agreement and caused by the negligence or
willful misconduct of the City or its employees, agents, representatives, licenses
or invitees, other than Project Manager,
(ii) The City's breach of any of the terms, covenants and condition of this
Agreement, or
(iii) the violation of or non - conformance with any federal, state or local
statue, ordinance, administrative rule, or regulation, including without limitation
the Americans with Disabilities Act of 1990 and all amendment thereto, by City
or its employees, agents, representatives, licensees or invitees, other than Project
Manager.
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17. Environmental Matters The City shall not permit in or on the Property any use,
storage, treatment or disposal of any hazardous substance, hazardous waste, hazardous chemical,
petroleum, pollutant or contaminant. The City shall comply with all federal, state and local
statues, ordinances, administrative rules, regulations and other requirements including without
limitation those relating to hazardous substances, hazardous waste, hazardous chemicals,
petroleum, pollutants and contaminants. The City represents to Project Manager that there are no
known environmental conditions on the Property except those set forth in the reports provided to
the Project Manager prior to execution of this Agreement. The City shall indemnify and save
Project Manager harmless from and against any and all liability, claims, losses, costs, damages
and expenses (including attorney's fees) suffered by Project Manager as a consequence of any
violation of this Section.
18. Termination Either party may terminate this Agreement for any reason or no
reason at all upon at least ninety (90) days prior written notice to the other party, in which event
Project Manager shall be paid the Termination Fee described in Section 19 based on an appraisal
of the Property as of the date of termination. Notwithstanding the foregoing, the City may
immediately terminate this Agreement and Project Manager's rights hereunder "for cause"
without further notice or liability to Project Manager upon the occurrence of any of the following
events:
(a) Project Manager fails to keep, observe or perform any covenant, restriction,
term or provision of this Agreement following ninety (90) days written notice and right to
cure during the ninety (90) day period (the "Default Period "). If at the end of the Default
Period, Project Manager remains in default of any item specified by the City in the
notice, the City shall extend the period an additional sixty (60) days provided Project
Manager has diligently pursued curing all defaults and it would be unreasonable to
require Project Manager to cure all defaults within the Default Period. If at the end of the
Default Period and any extension, Project Manger remains in default and has not made
diligent efforts to cure all defaults listed in the notice, the City may immediately
terminate this Agreement by serving written notice upon Project Manger.
(b) Project Manager applies for or consents to the appointment of a receiver,
trustee or liquidator or for all or a substantial part of Project Manager's assets,
(c) Project Manager files a voluntary petition in bankruptcy,
(d) Project Manager admits in writing to the City its inability to pay its debts as
they become due,
(e) Project Manager makes a general assignment of its assets for the benefit of its
creditors,
(f) Project Manager files a petition or an answer seeking reorganization or
arrangement with creditors or to take advantage of any insolvency law,
(g) an order, judgment or decree is entered by any court of competent jurisdiction
on the application of a creditor adjudicating Project Manager a bankrupt or insolvent or
approving a petition seeking reorganization of Project Manager or appointing a receiver,
trustee or liquidator for Project Manager for all or a substantial part of Project Manager's
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assets, and such order, judgment or decree continues unstayed and in effect for more than
sixty (60) days,
(h) any assignment or attempted assignment of this Agreement by Project
Manager other than those permitted assignments described in Section 20, or
(i) Edward P. O'Connor, Jr. commits a misdemeanor involving moral turpitude or
any felony.
In the event that City terminates this Agreement "for cause," City shall have no liability to
Project Manager for the Termination Fee. No failure by City to assert its rights to terminate "for
cause" shall constitute a waiver of City's rights or remedies with respect to such event or any
subsequent occurrence of any of the foregoing.
19. Termination Fee If this Agreement is terminated, City shall pay to Project
Manager for the management services provided by Project Manager hereunder, a fee equal to ten
percent (10 %) of the Increased Value of the unsold Property under the general methodology
described in Section 12c. Notwithstanding anything to the contrary herein, Project Manager
shall not be paid the Termination Fee in the event that this Agreement is terminated "for cause"
as set forth in Section 18.
20. Assignment Project Manager shall not transfer, assign or convey this Agreement
or any interest in this Agreement or its rights or duties hereunder to any individual, person or
entity without the prior written consent of the City, which consent may be withheld in the City's
sole discretion, provided, however, that Project Manager may either change the legal name of
Project Manager or assign this Agreement to a limited liability company which is majority
owned by Edward P. O'Connor, Jr,. or a revocable trust in which he is grantor and trustee,
without the consent of the City. Project Manager shall not enter into any subcontractor or other
agreement whereby the obligation to perform any of the services to be provided hereunder is
assumed by any other individual, person or entity without the consent of the City. Any such
attempted assignment or subcontract without City's prior written consent shall be null and void.
21. Notices All notices, consents, requests, approvals and other communications
provided for herein shall be validly given if in writing and delivered by hand delivery or sent by
certified or registered first class mail, return receipt requested, postage overpaid, addressed as
follows:
If to City: City of Riverside, Missouri
ATTN: David Blackburn, City Administrator
2950 N.W. Vivion Road
Riverside, MO 64150
With copy to: John W. McClelland, City Attorney
Armstrong Teasdale, LLP
2345 Grand Blvd., Suite 2000
Kansas City, MO 64108
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If to Project Manager: Edward P. O'Connor, Jr., LLC
c/o Waterford Property Company, LLC
6811 Shawnee Mission Parkway, Suite 210
Overland Park, KS 66202
or to such other address as either party may have furnished to the other in writing in accordance
herewith, except that notices of changes of address shall only be effective upon receipt. All
notices shall be deemed effective on the date of delivery or, if mailed, three business days after
the date of mailing.
22. No Partnershin or Joint Venture Nothing in this Agreement shall constitute, or
be construed to be or to create a partnership, joint venture or lease between the City and Project
Manager with respect to the Property.
23. Independent Contractor The parties intend that Project Manager's legal status
with respect to City shall be that of independent contractor. The parties expressly disclaim any
intent to create an agency relationship other than the Brokerage Agreement between the City and
Broker. Accordingly, Project Manager shall be an independent contractor with respect to its
rights, duties and obligations under this Agreement, and shall perform such duties and
obligations in such manner as it, in its sole discretion, but subject to the limitations contained in
this Agreement, shall deem proper.
24. Miscellaneous This Agreement represents the entire agreement between the
parties with respect to the subject matter hereof and supersedes any prior written or oral
agreements between the parties or their affiliates. This Agreement may not be modified or
amended except by further written agreement signed by both parties. This Agreement shall be
governed by the laws of the State of Missouri (except for those laws pertaining to conflicts of
law).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
City of Riverside, Missouri
Title:
Atte /
4ty L Clerk
k-
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Edward P. O'Connor, Jr., LLC
LE
Edward P. O'Connor, Jr.,
, F .' i n T I 9 'f 7 rr
Approved as to form:
By:
o W. McClelland
City Attorney
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E%hibit A -1
TRACT 20/42
Parcel I
All that part of Lot 3 as shown in the plat of partition of real estate of George Roberts, deceased,
recorded in Book Z at Page 119 in the Office of the Recorder of Deeds of Platte County,
Missouri, in the East Half of Section 6, Township 50, Range 33 and lying South of the Right -of-
Way of the Chicago, Burlington and Quincy Railroad Company EXCEPT part in the roadway.
Parcel 11
All that part of the Northeast Quarter of Section 7, Township 50, Range 33, Riverside, Platte
County, Missouri, bounded and described as follows:
Beginning at a point 30 chains South of the Northeast corner of said Section 7, and running
thence West 19.80 chains; thence South 2.5 chains; thence East 19.80 chains; thence North 2.50
chains to the place of beginning, EXCEPT part in roadway.
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Exhibit A -2
TRACT 27
All of the Northeast Quarter of the Northwest Quarter of Section 7, Township 50, Range 33, and
all of the Northwest Quarter of the Northwest Quarter of said Section 7, lying East of the East
line of the Missouri River Levee Right -of -Way and described as follows: Beginning at the
Northeast corner of said Quarter Quarter Section; thence Westerly (Azimuth 90 degrees 32
minutes 14 seconds) along the North line of said Quarter Quarter Section 973.92 feet to an iron
pipe on the East line of said Right -of -Way; thence Southerly (Azimuth 17 degrees 47 minutes 56
seconds) 365.52 feet; thence Southerly (Azimuth 1 degree 19 minutes 45 seconds) 237.26 feet;
thence Southerly (Azimuth 349 degrees 40 minutes 45 seconds) 601.64 feet; thence Southerly
(Azimuth 342 degrees 13 minutes 45 seconds) 147.12 feet to an iron baron the South line of said
Quarter Quarter Section; thence Easterly along the South line of said Quarter Quarter Section,
929.25 feet to the Southeast corner thereof, thence Northerly to the point of beginning, in
Riverside, Platte County, Missouri. Subject to the rights of the public in roads.
Less and except the following:
The Permanent Right -of -Way in favor of the Riverside Quindaro Bend Levee District of Platte
County, Missouri, described as follows:
All that part of fractional Section 7, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said fractional Section 7, said
point being marked by a 1 -1/4 inch outside diameter iron pipe; thence North 89 23' 55" West,
along the North line of the Northwest Quarter of said fractional Section 7, a distance of 1,402.50
feet to the True Point of Beginning; thence South 00 51' 21" West a distance of 238.68 feet;
thence South 02 14' 21" West a distance of 307.73 feet; thence South 00 38' 34" West a
distance of 714.73 feet; thence South 70 58'47" East a distance of 79.82 feet; thence South 89°
24'55" East a distance of 93.17 feet; thence South 00° 38'36" West a distance of 29.57 feet to a
point on the South line of the Northeast Quarter of the Northwest Quarter of said fractional
Section 7; thence North 89° 23' S5" West, along the South line of the Northeast Quarter of the
Northwest Quarter of said fractional Section 7 and the Westerly prolongation thereof, a distance
of 986.34 feet to a point on the East line of a 150.00 feet right -of -way of the Missouri River
Levee as described in the Report of Commissioners for Quindaro Bend Drainage District in
Circuit Court Book A -6, Page 110, and a Trustees Deed as described in Document Number
29531, in Book 351, Page 35, at the Platte County, Missouri, Recorder of Deeds Office; thence
North 22° 05' 38" West, along the East line of said levee right -of -way, a distance of 88.75 feet;
thence North 12° 59' 06" West, along the East line of said levee right -of -way, a distance of
147.93 feet, thence North 09 47' 26" West, along the East line of said levee right -of -way, a
distance of 587.72 feet; thence North 40° 14'28" East, along the East line of a 150.00 feet right -
of -way of the Missouri River Levee as described .in a Trustees Deed in Document Number
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29531, Book 351, Page 35, at the Platte County, Missouri, Recorder of Deeds Office, a distance
of 605.17 feet; thence North 41 23 East, along the East line of last said levee right -of -way, a
distance of 60.74 feet; thence South 89° 23' 55" East, along the North line of the Northwest
Quarter of said fractional Section 7, a distance of 577.09 feet to the True Point of Beginning.
Containing 1,145,907.59 square feet or 26.3064 acres more or less.
And:
Commencing at the Northeast Corner of the Northwest Quarter of said fractional Section 7, said
point being marked 1 -1/4 inch outside diameter iron pipe; thence North 89 23' 55" West, along
the North line of the Northwest Quarter of said fractional Section 7, a distance of 2,175.96 feet to
a point on the West line of a 150.00 feet right -of -way of the Missouri River Levee as described in
a Trustees Deed in Document Number 29531, Book 351, Page 35, at the Platte County, Missouri,
Recorder of Deeds Office, said point also being the True Point of Beg' ing; thence continuing
North 89° 23' 55" West, along the North line of the Northwest Quarter of said fractional Section
7, a distance of 100.14 feet to a point on the East line of a 150.00 feet right -of -way of the
Missouri River Levee as described in the Report of Commissioners for Quindaro Bend Drainage
District in Circuit Court Book A -6, Page 110; thence South 15° 19'47" West, along the East line
of a 150.00 feet right -of -way of the Missouri River Levee as described in the Report of
Commissioners for Quindaro Bend Drainage District in Circuit Court Book A -6, Page 110, a
distance of 183.08 feet to a point on the West line of a 150.00 feet right -of -way of the Missouri
River Levee as described in a Trustees Deed in Document Number 29531, Book 351, Page 35, at
the Platte County, Missouri, Recorder of Deeds Office; thence North 40 14'28" East, along the
West right -of -way line as described in said Trustees Deed, a distance of 229.93 feet to the True
Point of Beginning. Containing 8,865.39 square feet or 0.2035 acres, more or less.
The bearings used in this description are based upon the North line of the Northwest Quarter of
said fractional Section 7 being North 89° 23'55" West.
But including the following described property subject to following described easement:
The Flood Protection Levee Easement in favor of the Riverside Quindaro Bend Levee District of
Platte County, Missouri, described as follows:
All that part of fractional Section 7, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said fractional Section 7, said
point being marked by a 1 -1/4 inch outside diameter iron pipe; thence North 89 23' 55" West,
along the North line of the Northwest Quarter of said fractiZY Section 7, a distance of 1,027.27
feet to the True Point of Beginning; thence continuing North 89° 23' 55" West, along the North
line of the Northwest Quarter of said fractional Section 7, a distance of 375.23 feet; thence South
00° 51' 21" West a distance of 238.68 feet; thence South 02 14' 21" West a distance of 307.73
feet; thence South 00° 38'34" West a distance of 714.73 feet, thence South 70° 58' 47" East a
distance of 79.82 feet; thence South 89 24' 55" East a distance of 93.17 feet, thence South 00°
38' 36" West a distance of 29.57 feet to a point on the South line of the Northeast Quarter of the
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Northwest Quarter of said fractional Section 7; thence South 89 23' 55" East, along the South
line of the Northeast Quarter of the Northwest Quarter of said fractional Section 7, a distance of
12.84 feet, thence North 00 41 East a distance of 252.05 feet; thence North 62 29'52" East
a distance of 219.56 feet; thence North 01° 11' 16" East a distance of 960.33 feet to the True
Point of Beginning. Containing 430,279.01 square feet or 9.8778 acres, more or less.
The bearings used in this description are based upon the North line of the Northwest Quarter of
said fractional Section 7 being North 89° 23'55" West.
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Exhibit A -3
TRACT 38
Parcel I
The East 14 acres of the Northeast Quarter of the Northeast Quarter of Section 7, Township 50,
Range 33, in Riverside, Platte County, Missouri, described as follows: Beginning at the
Northeast corner of said Section 7, thence West 455.64 feet, thence South 1,315.3 feet to the
South line of said Quarter Quarter Section; thence East 455.64 feet to the Southeast corner of
said Quarter Quarter Section; thence North 1,315.3 feet to the point of beginning, EXCEPT the
North 323.8 feet thereof.
Parcel H
All of that part of the Northeast Quarter of Section 7, Township 50, Range 33, in Riverside,
Platte County, Missouri, described as follows: Beginning on the North line of said Section
7,455.64 feet West of the Northeast corner thereof; thence West 195.27 feet; thence South
1,315.3 feet; thence East 195.27 feet; thence North to the point of beginning, EXCEPT the North
323.8 feet thereof.
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Exhibit A -4
TRACT 40
All that part of the Northeast Quarter of Section 7, Township 50, Range 33 Riverside, Platte
County, Missouri, described as follows: Beginning at a point 25 chains South and 19.80 chains
West of the Northeast corner of said Section 7, thence South 2.50 chains; thence East 8 chains;
thence North 2.50 chains; thence West 8 chains, to the point of beginning.
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Exhibit A -5
TRACT 41
All that part of the Northeast Quarter of Section 7, Township 50, Range 33, Riverside, Platte
County, Missouri, bounded and described as follows: Beginning at a point 27.50 chains South of
the Northeast corner of said Section 7 and running thence West 19.80 chains; thence South 2.50
chains; thence East 19.80 chains; thence North 2.50 chains to the point of beginning, EXCEPT
part in roadway.
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Exhibit A-6
TRACTS 79 & 80
Parcel I
A tract in the Southwest Quarter of Section 5 in Township 50 of Range 33, Riverside, Platte
County, Missouri, described as follows: Beginning on the West line of said Section 5 at a point
1,987.7 feet North of the Southwest corner thereof; thence South and Easterly parallel with the
right -of -way of the C.B. &Q. Railway 1,445.2 feet to the East line of the West half of the
Southwest Quarter of said Section; thence South 330.3 feet; thence North 65 degrees 51 minutes
West 1,445.2 feet to the West line of said Section; thence North 330.3 feet to the point of
beginning.
Parcel II
A tract in the Northwest part of the Southwest Quarter of Section 5 in Township 50 of Range 33,
described as follows: Beginning at a point 28.58 chains North and 2.90 chains East of the
Southwest corner of Section 5 in Township 50 of Range 33, and running South 65 %s degrees
East 18.72 chains; thence North 2.82 chains to C.B. &Q. Railroad, thence North 66 degrees West
18.78 chains along side of railroad right -of -way, thence South 3.16 chains to place of beginning,
EXCEPT, the East one acre thereof; all in Riverside, Platte County, Missouri.
Parcel III
A tract in the Southwest Quarter of Section 5 in Township 50 of Range 33, Riverside, Platte
County, Missouri, described as follows: Beginning at a point on the West line of said Southwest
Quarter of Section 5 where said line intersects the Southerly right -of -way line of the Burlington
Northern Railroad, said point also being 2,185.91 feet North of the Southwest corner of said
Southwest Quarter, thence South along said West line 198.21 feet, thence Southeasterly parallel
with the Southerly line of said railroad 209.68 feet, thence North parallel with the West line of
said Quarter Section 208.56 feet to the Southerly line of said railroad; thence Northwesterly
along said Southerly line of railroad to the point of beginning.
Ki1d.M
r I I. 1 11 1 1 1 r Ir
Exhibit A -7
TRACTS 87, 45 46
Those parts of Section Five (5) and of Fractional Section Eight (8) all in Township Fifty (50)
North, Range Thirty-three (33) West of the Fifth Principal Meridian, Riverside, Platte county,
Missouri, described as follows: Commencing at the Southeast corner of said Section Five (5),
being also the Northeast corner of said Fractional Section Eight (Frac. 8); thence North 89
degrees 20 minutes 00 seconds West along the South line of said Section Five (5) (which is also
the North line of said Fractional Section Eight (Frac. 8) 1,160.00 feet to a True Point of
Beginning, said point being on the Westerly Right -of -way line of highway designated Interstate
Route #635, as condemned in the Circuit Court of Platte County, Missouri, in Suit No. C- 11021;
thence from said true point of beginning South 0 degrees 01 minute 20 seconds East along said
Westerly Right -of -way line 812.00 feet; thence Southeasterly along said Right -of -way being a
curve to the left, having a radius of 3,019.93 feet, an arc distance of 631.8 feet; thence South 0
degrees 01 minute 20 seconds East 2,142.49 feet, more or less, to a meander corner on the
Northerly or left bank of Missouri River as located on May 21, 1965, the date of the Certificate
of Survey made by Robert L. Buford, Land Surveyor, as Job No. P -8037, thence (Southwesterly)
upstream meandering said River bank, but with the low water line of said River as the boundary,
to a second meander comer of said River bank, which is the point of intersection thereof with the
Southerly prolongation of the North -South center line of said Fractional Section 8, said
intersection point being 1,565.54 feet distant South 76 degrees 03 minutes 33 seconds West from
the end of the last herein above described course; thence continuing upstream meandering said
River bank, as same is located on the Certificate of Survey No. P -1224, made by Robert L.
Buford, Land Surveyor, dated April 19, 1966, revised May 25, 1966, but with the low water line
said River as the boundary to a third meander corner on said River bank which is the point of
intersection thereof with the Southerly prolongation of the West line of said Fractional Section 8;
thence North 0 degrees 12 minutes 26 seconds West along the Southerly prolongation of the
West line of said Fractional Section Eight (frac. 8) and the West line thereof, 4,615.85 feet to its
Northwest corner being also the Southwest corner of Section Five (5); thence North 0 degrees 02
minutes 56 seconds along the West line of said Section Five (5), 1,657.40 feet; thence South 65
degrees 56 minutes 26 seconds East 1,435.76 feet; thence North 0 degrees 03 minutes 07 seconds
West 527.83 feet; thence South 65 degrees 55 minutes 20 seconds East 56.11 feet; thence
Southeasterly along the arc of a circular curve to the left having a radius of 11,509.22 feet, and
the last described course for its initial tangent 736.54 feet; thence South 69 degrees 35 minutes
20 seconds East tangent to the curve in the previous course described 2,501.85 feet to the
Westerly line of the Right -of -way Highway U.S. No. I -635; thence South 20 degrees 22 minutes
40 seconds West 251.80 feet; thence Southeasterly along said highway right -of -way line, (being
the arc of a circular curve to the left having a radius of 2,994.90 feet, the last described course for
its initial tangent, and a central angle of 4 degrees 44 minutes 42 seconds), 248.03 feet to the
South line of said Section Five (5) being also the North line of said Fractional Section Eight
(Frac. 8); thence North 89 degrees 20 minutes 00 seconds West along said Section line, 140.20
feet to the True Point of Beginning; together with all accretions thereto, but subject to erosion
therefrom by said Missouri River, and ALSO EXCEPTING, therefrom land conveyed by Clyde
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J. Linde and Margaret Y. Linde to State of Missouri by Deed dated December 14, 1968, for
Highway designated Interstate Route No. 635. ALSO EXCEPT, that part of Fractional Section 8,
Township 50, Range 33 West of the Fifth Principal Meridian, Platte County, State of Missouri,
described as follows: The West 300 feet of said Fractional Section 8 as measured at a right angle
from the West line of said Fractional Section 8 that lies South of the Southetly line of Highway
designated Interstate Route Number 635 as conveyed in deed dated December 14, 1968, from
Clyde J. Linde and Margaret Y. Linde, Husband and Wife to State of Missouri and lies North of
the left bank of the Missouri River.
Less and except the following:
1. The Permanent Right -of -Way in favor of the Riverside Quindaro Bend Levee District of
Platte County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter of said fractional Section 8, said
point being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle;
thence South 00" 25' 12" West, along the West line of the Northeast Quarter of said fractional
Section 8, a distance of 1,503.00 feet to the True Point of Beginning; thence North 72° 11' 33"
East a distance of 1,242.38 feet to a point on the West right -of -way line of Interstate Route 635;
thence South 14° 30' 26" West, along the West right -of -way line of Interstate Route 635, a
distance of 316.58 feet; thence South 37° 09'46" West, along the Northwesterly right -of -way line
of Interstate Route 635, a distance of 460.03 feet; thence South 51° 36' 49" West, along the
Northwesterly right -of -way line of Interstate Route 635, a distance of 464.49 feet; thence South
71' 47'04" West, along the North right -of -way line of Interstate Route 635, a distance of 473.55
feet; thence South 85° 13'37" West, along the North right -of -way line of Interstate Route 635, a
distance of 17.17 feet to a point on. the West line of the Northeast Quarter of said fractional
Section 8; thence continuing South 85° 13' 37" West, along the North right -of -way line of
Interstate Route 635, a distance of 146.57 feet; thence North 00 11' 11" East a distance of
698.39 feet; thence North 73 15' 50" East a distance of 155.75 feet to the True Point of
Beginning. Containing 807,325.06 square feet or 18.5336 acres, more or less
The bearings used in this description are based upon the West line of the Northeast Quarter of
said fractional Section 8 being South 00° 25' 12" West and the North line of the Northeast
Quarter of said fractional Section 8 being South 88° 47' S8" East.
2. The Permanent Right -of -Way in favor of the Riverside Quindaro Bend Levee District of
Platte County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northwest corner of the East Half of said fractional Section 8, said point
being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle; thence
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South 00 25' 12" West, along the West line of the East Half of said fractional Section 8, a
distance of 2,559.79 feet to a point on the South right -of -way line of interstate Route 635, said
point also being the True Point of Beginning; thence North 85 09' 20" East, along the South
right -of -way line of interstate Route 635, a distance of 87.05 feet; thence South 21 31' 52" East
a distance of 51.54 feet; thence South 50° 40' 55" West a distance of 43.97 feet; thence South 20
37' 54" East a distance of 74.81 feet, thence South 55 11' 25" East a distance of 376.50 feet;
thence North 71° 02' 25" East a distance of 1,108.03 feet; thence South 68° 59' 35" East a
distance of 71.39 feet to a point on a line that is 1,095.00 feet West of and parallel to the East
line of the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8; thence
South 00 30' 00" West, along a line that is 1,095.00 feet West of and parallel to the East line of
the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8, a distance of
1,133.84 feet to a meander point on the Northerly high bank of the Missouri River, thence, in a
general Westerly direction, along the meandering of the North high bank of the Missouri River,
but with the low water mark along said river as the boundary, the following twenty (20)
described courses to a point on a line that is 300.00 feet East of and parallel to the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8; (1) thence South 83
29' 11" West a distance of 92.62 feet; (2) thence South 67 46' 13" West a distance of 255.84
feet; (3) thence South 45 56' 13" West a distance of 119.85 feet; (4) thence South 82 45' 45"
West a distance of 206.02 feet; (5) thence South 66" 34'38" West a distance of 234.72 feet; (6)
thence North 79 53' 05" West a distance of 108.42 feet; (7) thence South 80 44' 10" West a
distance of 94.63 feet; (8) thence South 54 29' 18" West a distance of 163.91 feet; (9) thence
South 82 36' 04" West a distance of 443.59 feet; (10) thence South 83° 19'35" West a distance
of 213.01 feet; (11) thence South 66 39'21" West a distance of 259.49 feet; (12) thence South
88 51' 19" West a distance of 190.64 feet; (13) thence South 60 39' 57" West a distance of
104.94 feet; (14) thence North 83 O1' 32" West a distance of 188.18 feet; (15) thence South 88
57' 34" West a distance of 314.54 feet; (16) thence South 77 11' 28" West a distance of 285.50
feet; (17) thence South 72 54'46" West a distance of 440.45 feet; (18) thence South 84 14
West a distance of 134.27 feet; (19) thence North 80 32'48" West a distance of 90.28 feet; (20)
thence South 64 07' 45" West a distance of 86.05 feet to a point on said line that is 300.00 feet
East of and parallel to the Southerly prolongation of the West line of the Northwest Quarter of
said Section 8; thence North 00 19' 27" East, along said line that is 300.00 feet East of and
parallel to the Southerly prolongation of the West line of the Northwest Quarter of said Section 8,
a distance of 1,083.67 feet; thence North 81' 09'33" East a distance of 195.37 feet; thence North
81' 46' 12" East a distance of 317.40 feet, thence North 82° 22' 40" East a distance of 285.44
feet; thence North 81° 43' 10" East a distance of 236.60 feet; thence North 77° 54' 36" East a
distance of 244.04 feet; thence North 77° 48'07" East a distance of 770.53 feet, thence North 75°
29' 14" East a distance of 461.52 feet; thence North 17° 50'23" West a distance of 304.10 feet,
thence South 720 27'06" West a distance of 21.58 feet, thence North 17° 28'23" West a distance
of 41.20 feet; thence North 69 47' 04" East a distance of 21.69 feet; thence North 17 27' 22"
West a distance of 33.32 feet; thence North 720 48' 53" West a distance of 45.49 feet, thence
North 28° 30' 10" West a distance of 76.61 feet to a point on the South right -of -way line of
Interstate Route 635; thence North 89 17' 23" East, along the South right -of -way line of
Interstate Route 635, a distance of 26.15 feet; thence North 85° 09' 20" East, along the South
right -of -way line of Interstate Route 635, a distance of 29.83 feet to the True Point of Beginning,
together with all accretions thereto, and subject to all erosion therefrom, along the Missouri
302856
T' - I ' >I III I I i T Ir
River, and together with all rights, interests, and land that lies between the high bank and the low
water mark of said river. Containing 4 square feet or 99.2626 acres, more or less.
Subject to 667,149.37 square feet or 15.3 156 acres, more or less, of which lies in part of an
existing right -of -way per Report of Commissioners for Quindaro Bend Drainage District in
Circuit Court Book A -6, Page 110, and a Trustees Deed as described in Document Number
29531, in Book 351, Page 35, at the Platte County, Missouri, Recorder of Deeds Office.
The bearings used in this description are based upon West line of the East half of said fractional
Section 8 being South 00° 25' 12" West.
But including the following described properties subject to the described easement:
a. The Temporary Construction Easement in favor of the Riverside Quindaro Bend Levee
District of Platte County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northwest corner of the East Half of said fractional Section 8, said point
being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle; thence
South 00 25' 12" West, along the West line of the East Half of said fractional Section 8, a
distance of 2,559.79 feet to a point on the South right -of -way line of Interstate Route 635; thence
North 85° 09'20" East, along the South right -of -way line of Interstate Route 635, a distance of
87.05 feet to the True Point of Beginning; thence South 21° 31' 52" East a distance of 51.54 feet;
thence South 50° 40' 55" West a distance of 43.97 feet; thence South 20° 37' 54" East a distance
of 74.81 feet; thence South 55° 11' 25" East a distance of 145.34 feet; thence North 71° 04' 42"
East a distance of 1,152.45 feet; thence North 75° 39' 31" East a distance of 24.08 feet; thence
North 82° 36' 07" East a distance of 122.36 feet; thence North 89° 09' 17" East a distance of
25.15 feet; thence South 86° 42' 05" East a distance of 45.69 feet, thence South 72° 28' 31" East
a distance of 0.42 feet to a point on a line that is 1,095.00 feet West of and parallel to the East
line of the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8; thence
North 00° 30' 00" East, along a line that is 1,095.00 feet West of and parallel to the East line of
the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8, a distance of
286.44 feet to a point on the Westerly right -of -way line of Interstate No. 69 and 169; thence
North 38° 40' 50" West, along the Westerly right -of -way line of Interstate No. 69 and 169, a
distance of 204.61 feet to a point on the South right -of -way line of Interstate Route 635; thence
along the South right -of -way line of Interstate Route 635, around a curve to the right that is non-
tangent to the last described course, having an initial tangent bearing of South 40 56' 34" West,
a central angle of 40° 10' 11 , a radius of 1,772.02 feet, an arc distance of 1,24235 feet; thence
South 85° 09'20" West, along the South right -of -way line of Interstate Route 635, a distance of
247.36 feet to the True Point of Beginning. Containing 352,561.32 square feet or 8.0937 acres,
more or less.
And:
Commencing at the Northwest corner of the East Half of said fractional Section 8, said point
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rX ... I ; 1 11 1 1 1 f it
being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle; thence
South 00 25' 12" West, along the West line of the East Half of said fractional Section 8, a
distance of 2,559.79 feet to a point on the South right- of- wayline of Interstate Route 635; thence
South 85 09'20" West, along the South right -of -way line of Interstate Route 635, a distance of
29.83 feet, thence South 89 17'23" West, along the South right -of -war line of Interstate Route
635, a distance of 26.15 feet to the True Point of Beginning; thence continuing South 89° 17
West, along the South right -of -way line of Interstate Route 635, a distance of 22.61 feet, thence
South 28 30' 09" East a distance of 95.29 feet, thence South 72 48' 56" East a distance of 43.14
feet; thence South 17 27' 33" East a distance of 3.77 feet, thence South 69° 47' 04" West a
distance of 21.69 feet; thence South 17° 28' 20" East a distance of 80.29 feet, thence North 72°
27' 44" East a distance of 21.55 feet, thence South 17° 51' 17" East a distance of 98.04 feet,
thence North 71 04'32" East a distance of 20.13 feet, thence North 17 50'23" West a distance
of 117.56 feet, thence South 72 27' 06" West a distance of 21.58 feet, thence North 17° 28' 23"
West a distance of 41.20 feet, thence North 69° 47' 04," East a distance o 21.69 feet; thence North
17° 27'22" West a distance of 33.32 feet, thence North 72° 48'53" West a distance of 45.49 feet,
thence North 28° 30' 10" West a distance of 76.61 feet to the True Point of Beginning.
Containing 7,226.69 square feet or 0.1659 acres, more or less.
The bearings used in this description are based upon the West line of the East Half of said
fractional Section 8 being South 00° 25'12" West.
b. The Flood Protection Levee Easement in favor of the Riverside Quindaro Bend Levee
District of Platte County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northwest corner of the East Half of said fractional Section 8, said point
being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle; thence
South 00° 25' 12" West, along the West line of the East Half of said fractional Section 8, a
distance of 2,559.79 feet to a point on the South right -of -way line of Interstate Route 635; thence
North 85 09' 20" East, along the South right -of -way line of Interstate Route 635 a distance of
87.05 feet; thence South 21 31' 52" East a distance of 51.54 feet; thence South 50 40' 55" West
a distance of 43.97 feet; thence South 20° 37' 54" East a distance of 74.81 feet; thence South 55°
11' 25" East a distance of 145.34 feet to the True Point of Beginning; thence continuing South
55 11'25" East a distance of 231.16 feet; thence North 71 02'25 East a distance of 1,108.03
feet; thence South 68 59' 35" East a distance of 71.39 feet to a point on a line that is 1,095.00
feet West of and parallel to the East line of the Northeast Quarter, and its Southerly prolongation
thereof, of said Section 8; thence North 00° 30' 00" East, along a line that is 1,095.00 feet West
of and parallel to the East line of the Northeast Quarter, and its Southerly prolongation thereof, of
said Section 8, a distance of 190.60 feet; thence North 72 28' 31" West a distance of 0.42 feet;
thence North 86 °42' 05" West a distance of 45.69 feet; thence South 89° 09 West a distance
of 25.15 feet, thence South 82° 36' 07" West a distance of 122.36 feet; thence South 75° 39' 31"
West a distance of 24.08 feet, thence South 71° 04' 42" West a distance of 1,152.45 feet to the
True Point of Beginning. Containing 234,961.56 square feet or 5.3940 acres, more or less.
3028%
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And:
Commencing at the Northwest comer of the East Half of said fractional Section 8, said point
being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle; thence
South 00° 25' 12" West, along the West line of the East Half of said fractional Section 8, a
distance of 2559.79 feet to a point on the South right -of -way line of Interstate Route 635; thence
South 85° 09'20" West, along the South right -of -way line of Interstate Route 635, a distance of
29.83 feet; thence South 89° 17'23" West, along the South right -of -way line of Interstate Route
635, a distance of 48.76 feet, thence South 28° 30'09" East a distance of 95.29 feet, thence South
72 48' 56" East a distance of 43.14 feet, thence South 17° 27' 33" East a distance of 3.77 feet,
thence South 69° 47' 04" West a distance of 21.69 feet, thence South 17" 28' 20" East a distance
of 80.29 feet; thence North 72° 27' 44" East a distance of 21.55 feet; thence South 17 51' 17"
East a distance of 98.04 feet to the True Point of Beginning, thence South 71' 04' 32" West a
distance of 43.78 feet, thence South 89° 14'30" West a distance of 43.45 feet, thence South 51°
48'01" West a distance of 54.90 feet, thence South 78° 07' 18" West a distance of 288.84 feet,
thence North 39° 51' 08" West a distance of 208.59 feet; thence North 88° 13' 43" West a
distance of 36.72 feet, thence South 78° 13' 11" West a distance of 881.57 feet, thence South 81
53' 02" West a distance of 949.90 feet to a point on a line that is 300.00 feet East of and parallel
to the Southerly prolongation of the West line of the Northwest Quarter of said Section 8; thence
South 00° 19' 27" West, along a line that is 300.00 feet East of and parallel to the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8, a distance of 387.03
feet, thence North 81° 09' 33" East a distance of 195.37 feet, thence North 81° 46' 12" East a
distance of 317.40 feet; thence North 82° 22'40" East a distance of 285.44 feet; thence North 81*
43' 10" East a distance of 236.60 feet, thence North 77 54' 36" East a distance of 244.04 feet,
thence North 77° 48'07" East a distance of 770.53 feet, thence North 75° 29' 14" East a distance
of 461.52 feet; thence North 17° 50'23" West a distance of 186.54 feet, thence South 71 ( 04
West a distance of 20.13 feet to the True Point of Beginning. Containing 833,723.92 square feet
or 19.1397 acres, more or less.
The bearings used in this description are based upon the West line of the East Half of said
fractional Section 8 being South 00 25' 12" West.
C. The Temporary Construction Easement in favor of the Riverside Quindaro Bend Levee
District of Platte County, Missouri, described as follows:
All that part of fractional Section 8. Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Northeast corner of the Northwest Quarter of said fractional Section 8, said
point being marked by a 4 inch square concrete marker with a 1/2 inch iron bar in the middle;
thence South 00° 25' 12" West, along the East line of the Northwest Quarter of said fractional
Section 8, a distance of 1,476.68 feet to the True Point of Beginning; thence South 72° 11' 33"
West a distance of 8.00 feet; thence South 73° 15' 50" West a distance of 1,369.72 feet; thence
South 73° 27' 51" West a distance of 1,360.91 feet to a point on the West line of the Northwest
Quarter of said fractional Section 8 that is South 00° 19' 27" West a distance of 2,312.87 feet
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T . ... 1 n T1 1 9 1 T lr
from the Northwest corner of the Northwest Quarter of said fractional Section 8; thence South
00 19' 27" West, along the West line of the Northwest Quarter of said fractional Section 8, a
distance of 90.82 feet to a point on the North right -of -way line of Interstate Route 635; thence
North 87° 55'47" East, along the North right -of -way line of Interstate Route 635, a distance of
1,655.15 feet; thence North 87 14' 15" East, along the North right -of -way line of Interstate
Route 635, a distance of 644.30 feet; thence North 85" 13'37" East, along the North right -of -way
line of Interstate Route 635, a distance of 175.82 feet; thence North 00° 11' 11" East a distance of
698.39 feet; thence North 73° 15' 50" East a distance of 155.75 feet to a point on the East line of
the Northwest Quarter of said fractional Section 8 that is South 00° 25' 12" West a distance of
1,503.00 feet from the Northeast corner of the Northwest Quarter of said fractional Section 8;
thence North 72 11'33" East a distance of 1,242.38 feet to a point on the West right -of -way line
of Interstate Route 635; thence North 14° 30' 26" East, alone the West right -of -way line of
Interstate Route 635, a distance of 29.58 feet; thence South 72° 11' 33" West a distance of
1,249.96 feet to the True Point of Beginning. Containing 1,055,298.76 square feet or 24.2263
acres, more or less.
The bearings used in this description are based upon the West line of the Northwest Quarter of
said fractional Section 8 being South 00 19'27" West and the East line of the Northwest Quarter
of said fractional Section 8 being South 00° 25' 12" West.
30M
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Exhibit A -8
TRACTS 31 & 43
Parcel I
All that part of Section 7, Township 50, Range 33, Platte County, Missouri, being bounded and
described as follows: Beginning at the intersection of the South Right -of -Way line of Interstate
Route 635, as now established, and the Southerly prolongation of the East line of Section 7;
thence South 0 Degree 00 Minutes 47 Seconds East along said prolongation 1,187.13 feet to a
point on the North Right -of -Way line of Quindaro Bend District Levee Right -of -Way; thence
South 79 Degrees 23 Minutes 33 Seconds West along said North Right -of -Way line 1,347.92 feet
to a point on the West line of the East Half of the Southeast Fractional Quarter of said Section 7,
produced South; thence North 0 Degrees 47 Minutes 31 Seconds East along the Southerly
prolongation of said West line 1,211.63 feet to the intersection of said line with the South Right -
of -Way line of said Interstate Route 635; thence Northerly along said Right -of -Way line on a
curve to the right, having a radius of 1,759.86 feet, an arc distance of 436.68 feet; thence North
80 Degrees 54 Minutes 44 Seconds East along said Right -of -Way line 311.02 feet; thence
Northerly along said Right -of -Way line on a curve to the right, having a radius of 1,739.86 feet,
an arc distance of 286.89 feet; thence North 86 Degrees 49 Minutes 40 Seconds East, continuing
along said Right -of -Way line, 276.90 feet; thence South 0 Degrees 11 Minutes 44 Seconds East
along said Right -of -Way line, 50.07 feet; thence North 86 Degrees 49 Minutes 40 Seconds East
along said Right -of -Way line, 43.66 feet to the point of beginning, EXCEPT part roadway.
Parcel II
That part of Fractional Section 7, Township 50, Range 33, Platte County, Missouri described as
follows: Beginning at the point of intersection of the Southerly line of the Quindaro Bend Levee
Right -of -Way as located on the survey of Robert L. Buford, Job No. P -1362, dated July 13, 1966,
with the Southerly prolongation of the East line of said Fractional Section 7; thence South 0
Degrees 12 Minutes 26 Seconds East along the Southerly prolongation of the East line of said
Fractional Section 7, a distance 481.34 feet to the left bank of the Missouri River, as located July
13, 1966, the date of the aforesaid Buford Survey, thence in a Westerly direction meandering the
left bank of said Missouri River, but with the low water line along said river as the boundary to
the point of intersection thereof with the Southerly prolongation of the West line of the East Half
of the East Half of said Fractional Section 7; thence North 0 Degrees 12 Minutes 26 Seconds
West along said Southerly prolongation of the West line of the East Half of the East Half of said
Fractional Section 7, a distance of 239.19 feet to the Southerly line of the Quindaro Bend Levee
Right -of -Way, as located by the aforesaid Buford Survey; thence North 79 Degrees 11 Minutes
54 Seconds East along said levee Right -of -way line 1,324.88 feet to the point of beginning,
EXCEPT part in roadway.
Parcel III
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33,
30n%
'ff' . . 1 ' n El n G 't T lr
Platte County, Missouri, EXCEPT a tract of land conveyed to Latta - Scholes, Incorporated in
Book 348 at Page 421 and EXCEPT part in roadway.
Less and except the following:
The Permanent Right -of -Way in favor of the Riverside Quindaro Bend Levee District of Platte
County, Missouri, described as follows:
All that part of fractional Section 7, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Southeast Corner of the Northeast Quarter of said fractional Section 7, said
point being marked by a 1/2 inch iron bar; thence South 00 19' 27" West, along the Southerly
prolongation of the East line of the Northeast Quarter of said fractional Section 7, a distance of
560.18 feet to the True Point of Beginning; thence continuing South 00° 19'27" West, along the
Southerly prolongation of the East line of the Northeast Quarter of said fractional Section 7, a
distance of 1,392.80 feet to a meander point on the Northerly high bank of the Missouri River;
thence, in a general Westerly direction, along the meandering of the North high bank of the
Missouri River, but with the low water mark along said river as the boundary, the following four
(4) described courses to a point on the Southerly prolongation of the West line of the East Half of
the East Half of said Section 7; (1) thence South 86° 36' 53" West a distance of 335.08 feet;
thence South 83° 37' 32" West a distance of 625.22 feet; thence North 81° 02' 09" West a
distance of 190.92 feet; thence South 83° 39'57" West a distance of 159.02 feet to a point on the
Southerly prolongation of the West line of the East Half of the East Half of said Section 7; thence
North 00° 19'27" East, along the Southerly prolongation of the West line of the East Half of the
East Half of said Section 7, a distance of 1,004.47; feet thence North 85° 56' 21" East a distance
of 292.02 feet, thence North 86° 20'23" East a distance of 533.75 feet; thence North 85° 57'37
East a distance of 450.61 feet; thence North 16° 43' 47" East a distance of 90.87 feet; thence
North 00° 45' 37" East a distance of 291.77 feet; thence North 87° 48' 53" East a distance of 1.22
feet to the True Point of Beginning, together with all accretions thereto, and subject to all erosion
therefrom, along the Missouri River, and together with all rights, interests, and land that lies
between the high bank and the low water mark of said river. Containing 1,328,997.73 square feet
or 30.5096 acres, more or less. Subject to 198,692.19 square feet or 4.5613 acres, more or less, of
which lies in part of an existing right -of -way per Report of Commissioners for Quindaro Bend
Drainage District in Circuit Court Book A -6, Page 110, and a Trustees Deed as described in
Document Number 29531, in Book 351, Page 35, at the Platte County, Missouri, Recorder of
Deeds Office.
The bearings used in this description are based upon the East line of said fractional Section 7
being South 00° 19'27" West.
But including the following described property subject to the following described easement:
The Flood Protection Levee Easement in favor of the Riverside Quindaro Bend Levee District of
Platte County, Missouri, described as follows:
302656
i I ... I 1 11 1 1 1 T it
All that part of fractional Section 7, Township 50 North, Range 33 West, in the City of Riverside
Platte County Missouri, being more particularly described as follows:
Commencing at the Southeast Corner of the Northeast Quarter of said fractional Section 7, said
point being marked by a % inch iron bar, thence South 00° 19'27" West, along the Southerly
prolongation of the East line of the Northeast Quarter of said fractional Section 7, a distance of
551.86 feet to the True Point of Beginning; thence South 86° 17'50" West a distance of 245.42
feet; thence South 86° 16' 56" West a distance of 440.29 feet; thence South 85° 50' 02" West a
distance of 619.93 feet to a point on the Southerly prolongation of the West line of the East Half
of the East Half of said Section 7; thence South 00° 19' 27" West, along the Southerly
prolongation of the West line of the East Half of the East Half of said Section 7, a distance of
384.21 feet; thence North 85° 56' 21" East a distance of 292.02 feet, thence North 86° 20' 23"
East a distance of 533.75 feet, thence North 85 °57' 37" East a distance of 450.61 feet, thence
North 16° 43' 47" East a distance of 90.87 feet; thence North 00° 45' 37" East a distance of
291.77 feet; thence North 87 48' 53" East a distance of 1.22 feet to a point on the Southerly
prolongation of the East line of the Northeast Quarter of said fractional Section 7; thence North
00 19' 27" East, along the Southerly prolongation of the East line of the Northeast Quarter of
said fractional Section 7, a distance of 8.32 feet to the True Point of Beginning. Containing
500,731.93 square feet or 11.4952 acres, more or less.
The bearings used in this description are based upon the East line of said fractional Section 7
being South 00° 19 West.
302856
I 'r .' 1 ' 1 11 1 1 1 T it
Exhibit A -9
TRACTS 44
That part of Fractional Section 8, Township 50 North, Range 33 West of Fifth Principal
Meridian, Platte County, State of Missouri, described as follows: The West 300 feet of said
Fractional Section 8 as measured at a right angle from the West line of said Fractional Section 8
that lies South of the Southerly line of Highway designated Interstate Route Number 635 as
conveyed in Deed dated December 14, 1968, from Clyde J. Linde and Margaret Y. Linde,
husband and wife, to State of Missouri and lies North of the left bank of the Missouri River.
Less and except the following:
The Permanent Right -of -Way in favor of the Riverside Quindaro Bend Levee District of Platte
County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Southwest Corner of the Northwest Quarter of said fractional Section 8, said
point being marked by a 1/2 inch iron bar; thence South 00° 19' 27" West, along the Southerly
Prolongation of the West line of the Northwest Quarter of said fractional Section 8, a distance of
560.18 feet to the True Point of Beginning; thence continuing South 00 19 West, along the
Southerly prolongation of the West line of the Northwest Quarter of said fractional Section 8, a
distance of 1,392.80 feet to a meander point on the Northerly high bank of the Missouri River;
thence, in a general Easterly direction, along the meandering of the North high bank of the
Missouri River, but with the low water mark along said river as the boundary, the following two
(2) described courses to a point on a line that is 300.00 feet East of and parallel to the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8; (1) thence North 86
36' S3" East a distance of 42.77 feet, (2) thence South 82° 07' 41" East a distance of 259.57 feet
to a point on a line that is 300.00 feet East of and parallel to the Southerly prolongation of the
West line of the Northwest Quarter of said Section 8; thence North 00° 19'27" East, along a line
that is 300.00 feet East of and parallel to the Southerly prolongation of the West line of the
Northwest Quarter of said Section 8, a distance of 1,083.67 feet; thence South 81" 09' 33" West a
distance of 63.30 feet; thence South 81° 21' 51" West a distance of 100.86 feet; thence South 85°
57' 37" West a distance of 67.13 feet; thence North 15 °58' 58" West a distance of 86.78 feet;
thence North 00 45'37" East a distance of 290.21 feet; thence South 87° 48'53" West a distance
of 48.84 feet to the True Point of Beginning, together with all accretions thereto, and subject to
all erosion therefrom, along the Missouri River, and together with all rights, interests, and land
that lies between the high bank and the low water mark of said river. Containing 331,809.84
square feet or 7.6173 acres, more or less. Subject to 45,301.31 square feet or 1.0399 acres, more
or less, of which lies in part of an existing right -of -way per Report of Commissioners for
Quindaro Bend Drainage District in Circuit Court Book A -6, Page 110, and a Trustees Deed as
described in Document Number 29531, in Book 351, Page 35, at the Platte County, Missouri,
302856
1 4 ... 1 1 11 1 1 1 r 1r
Recorder of Deeds Office.
The bearings used in this description are based upon the West line of said fractional Section 8
being South 00 19'27" West.
But including the following described property subject to the following described easement:
The Flood Protection Levee Easement in favor of the Riverside Quindaro Bend Levee District of
Platte County, Missouri, described as follows:
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Southwest Corner of the Northwest Quarter of said fractional Section 8, said
point being marked by a 1/2 inch iron bar; thence South 00 19'27" West, along the Southerly
prolongation of the West line of the Northwest Quarter of said fractional Section 8, a distance of
551.86 feet to the True Point of Beginning; thence North 86° 17'50" East a distance of 31.02 feet;
thence North 84 0Y S3" East a distance of 101.58 feet; thence North 81° 53' 02" East a distance
of 169.93 feet to a point on a line that is 300.00 feet East of and parallel to the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8; thence South 00° 19'
27" West, along a line that is 300.00 feet East of and parallel to the Southerly prolongation of the
West line of the Northwest Quarter of said Section 8, a distance of 387.03 feet; thence South 81"
09' 33" West a distance of 63.30 feet; thence South 81° 21' S1" West a distance of 100.86 feet;
thence South 85° 57'37" West a distance of 67.13 feet; thence North 15° 58' 'S8" West a distance
of 86.78 feet; thence North 00° 45' 37" East a distance of 290.21 feet; thence South 87° 48' S3"
West a distance of 48.84 feet to a point on the Southerly prolongation of the West line of the
Northwest Quarter of said Section 8; thence North 00° 19' 27" East, along the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8, a distance of 8.32 feet
to the True Point of Beginning. Containing 97,290.94 square feet or 2.2335 acres, more or less.
The bearings used in this description are based upon the West line of said fractional Section 8
being South 00° 19'27" West.
302M
I T i 1 11 1 1 1 t it
Exhibit A -10
TRACT 47
That part of the Northeast Quarter of Fractional Section 8, Township 50, Range 33, in Riverside,
Platte County, Missouri, and the accretions thereto described as follows: Beginning at a point on
the East Right -of -Way line of U.S. Highway No. 69 and No. 169 found by measuring from a
point 1566.23 feet South and 845.6 feet West of the Northeast corner of Section 8, Township 50,
Range 33, Northerly along the East Right -of -Way line of U.S. Highway No. 69 and No. 169 on a
curve with a radius of 2814.93 feet, a distance of 900 feet to the point of beginning; thence East
and parallel to the North line of said Section 8, a distance of 150 feet; thence Southerly on a
curve parallel to the East Right -of -Way line of said U.S. Highway NO. 69 and No. 169, a
distance of 150 feet; thence East and parallel with the North line of Section 8, a distance of 358.6
feet; thence North and parallel with the East line of the Northeast Quarter of Section 8, a distance
of 827.4 feet to the North line of the Northeast Quarter of Section 8, Township 50, Range 33,
said point being 438 feet West of the Northeast corner of said Section 8; thence West along the
North line of the Northeast Quarter of Section 8, a distance of 332.5 feet to the Easterly Right -of-
Way line of U.S. Highway No. 69 and No. 169; thence Southwesterly along the Easterly Right -
of -Way line of U.S. Highway No. 69 and 169, a distance of 129.3 feet; thence Northwesterly
following the Right -of -Way line of the highway, a distance of 50 feet; thence Southwesterly
along the Easterly line of said highway on a curve with a radius of 2814.93 feet, a distance of
571 feet to the point of beginning.
1 . f . i 1 11 1 11 r it
Exhibit A -11
TRACT 99
A tract in the Southeast part of the Southeast Quarter of Section 5, Township 50, Range 33, in
Riverside, Platte County, Missouri, being all that part of said Southeast Quarter of said Section 5
lying East of the 200 foot Right -of -Way of Highway No. 12 TrafficRelief, and South of the 100
foot Right -Of -Way of the Chicago, Burlington and Quincy Railroad more particularly described
as follows: Beginning at the Southeast corner of said Section 5; thence North 179.9 feet to the
South line of the Right -of -Way of said Railroad; thence North 69 Degrees 34 Minutes West,
along said Right -of -Way 666.8 feet to the Easterly line of said Highway; thence Southwesterly
along said Highway, 428.3 feet to the South line of said Section 5; thence East 769.7 feet to
Beginning.
r . ... , I n I 7 O 1 T it
Exhibit A -12
TRACT 49
The West (219) Two Hundred and Nineteen feet of the East (657) Six Hundred Fifty -Seven feet
of the North (1591.23) Fifteen Hundred Ninety -One and Twenty -Three hundredths feet of the
Northeast Quarter of Section 8, Township 50, Range 33, in Platte County, Missouri, Except that
part of the Northeast Quarter of fractional Section 8, Township 50, Range 33 and the accretions
thereto described as follows: Beginning at a point on the East Right -of -Way line of U.S.
Highway No. 69 and No. 169 found by measuring from a point 1566.23 feet South and 845.6
feet West of the Northeast comer of Section 8, Township 50, Range 33, Northerly along the East
Right -of -Way line of U.S. Highway No. 69 and No. 169 on a curve with a radius of 2814.93 feet,
a distance of 900 feet to the point of beginning; thence East and parallel to the North line of said
Section 8, a distance of 150 feet; thence Southerly on a curve parallel to the East Right -of -Way
line of said U.S. Highway No. 69 and No. 169, a distance of 150 feet; thence East and parallel
with the North line of Section 8, a distance of 358.6 feet; thence North and parallel with the East
line of the Northeast Quarter of Section 8 and distance of 827.4 feet to the North line of the
Northeast Quarter of Section 8, Township 50, Range 33, said point being 438 feet West of the
Northeast corner of said Section 8; thence West along the North line of the Northeast Quarter of
said Section 8, a distance of 332.5 feet to the Easterly Right -of -Way line of U.S. Highway No.
69 and No. 169; thence Southwesterly along the Easterly Right -of -Way line of U.S. Highway
No. 69 and No. 169, a distance of 129.3 feet; thence Northwesterly following the Right -of -Way
line of the highway, a distance of 50 feet; thence Southwesterly along the Easterly line of said
highway on a curve with a radius of 2814.93 feet, a distance of 571 feet to the point of
beginning, and Except that part conveyed to the State of Missouri for highway purposes and
Except that part conveyed to Riverside Pipeline Company, L.P., in instrument filed October 6,
1989, in Book 734 at Page 961.
f I - I 1 ' 1 11 1 1 1 T 1[
Exhibit A -13
TRACT 53
Tax Parcel No. 23- 2.0 -09- 000 - 000 - 006 -001, located in the Northwest Quarter of Section 9,
Township 50, Range 33, in Riverside, Platte County, Missouri, containing approximately 19
acres more or less.
. .. I ' n I 0 0 1 r it
Exhibit A -14
TRACT 54
Tax Parcel No. 23- 2.0 -09- 000 - 000 - 006 -000, located in the Northwest Quarter of Section 9,
Township 50, Range 33, in Riverside, Platte County, Missouri, containing approximately 2 acres
more or less.
r *r .. 17 ° P m i 9 i T if
EXHIBIT B
WATERFORD PROPERTY COMPANY, LLC
EXCLUSIVE AGENCY AGREEMENT
FOR USE FOR COMMERCIAL PROPERTY
Date: A'vye�, 0 a 8 , 2005
It is mutually agreed between the undersigned OWNER and BROKER that the below
described property is listed by OWNER with BROKER on an exclusive sale agency basis with
BROKER having the sole and exclusive right to market the property for sale for a period beginning
with the date of this agreement and ending on November 1, 2015.
1. The BROKER agrees to endeavor, by his best efforts, to sell the property at the sale price and
on the terms below stated or later agreed upon and to advertise the property for sale by placing an
attractive sign or signs, with the designation "exclusive" thereon, on the premises. The cost of the
signs shall be split evenly between OWNER and BROKER.
2. The BROKER further aggress to list the property with other commercial BROKERS so that
the property will receive maximum exposure and to compensate any cooperating BROKER from the
single commission paid by OWNER.
3. The OWNER agrees to pay the BROKER a commission fee of six percent (6 %) of the total sale
price on transactions in which a cooperating broker is involved; and five percent (5 %) of the total
sale price for transactions in which no cooperating broker is involved, to be received when and if the
BROKER produces a prospect ready, willing and able to purchase the property at the sale price and
the property closes. The commission fee will be paid at closing.
4. The OWNER further agrees to pay BROKER the above stated commission if the property is
sold within 45 days after the expiration of this agreement to any person with whom the BROKER
has negotiated and whose name was disclosed to the OWNER, in writing, by registered, certified, or
regular mail within ten (10) days after the expiration of this agreement.
5. The OWNER also agrees to refer any inquiries and prospects from other real estate agents
and brokers he may receive, directly or indirectly, to the BROKER and OWNER does hereby give
permission to BROKER to enter the property at reasonable times to show it to prospects.
6. PROPERTY, SALE PRICE AND TERMS.
a. Legal Description: To be provided by OWNER.
b. Street Address of Property: Approximately 541 acres located along I -635 & south of
Highway 9 in Riverside, Missouri.
C. Sale Price: To be determined on a parcel -by- parcel basis.
d. Terms: Cash at closing or any other method of payment acceptable to OWNER at the
time of the sale.
11 T If
B
Date:
BROKER OWNER
WATERFORD PROPERTY COMPA , LLC THE CITY OF RIVERSIDE, MISSOURI
B ,��.✓ -- -�
7 �5 Date: S IB lot
6811 SyawylgAfissioVarkway, Suite 210
Overland Park, KS 66202
(913) 789 -9000
2
I . . ... 1 i ' 1 11
I I'I T
EXHIBIT C
Base Value and Capital Coat
Tract
Base Value (per s . ft.
Capital Cost (per s . ft.
20
0.13
0.05
27
0.13
0.05
31
0.13
0.05
38
0.13
0.05
40
0.13
0.05
41
0.13
0.05
42
0.13
0.05
43
0.13
0.05
44
0.13
0.05
45
0.13
0.05
46
0.13
0.05
79
0.13
0.05
80
0.13
0.05
87
0.13
0.05
47
1.18
0.05
49
0.60
0.05
99
0.60
0.05
53
0.30
0.05
54
0.30
0.05
r ,r Y nr