HomeMy WebLinkAbout2012-09-13 IDA PacketTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI
Board ofDirectors
Notice of Meeting
Notice is hereby given that the Board of Directors of The Industrial Development Authority of
the City of Riverside, Missouri will conduct a meeting at 6:00 p.m. on Thursday, September 13, 2012, at
the City Hall of Riverside, 2950 NW Vivion Road, Riverside, Missouri 64150.
The tentative agenda of this meeting includes:
1. OPENING
2. ROLL CALL
3. APPROVAL OF MINUTES OF MEETINGS: August 9, 2012
4. NEW BUSINESS
A. RESOLUTION 2012-016: °A Resolution Electing the Officers of the Industrial
Development Authority of the City of Riverside, Missouri
B. RESOLUTION 2012-017: A Resolution Granting and Approving the Execution of a
Proxy for Annual Meeting of Landowners of the Riverside-Quindaro Bend Levee District
of Platte County Missouri and Actions Related Thereto
C. RESOLUTION 2012-018: A Resolution Approving a Termination and Release of
Easements and Authorizing the Execution and Delivery of Documents and Actions
Relating Thereto
D. RESOLUTION 2012-019: A Resolution Approving an Easement Conveyance for
Location of an Equipment Station and Underground Lines to Southwestern Bell
Telephone Company and Authorizing the Execution and Delivery of Documents and
Actions Relating Thereto
5. ADJOURNMENT
Posted by:
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Time: L CO DON
NOTICE OF THE 2012 ANNUAL MEETING
OF THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
To: Leland Findley
Harold Snoderley
Cy Houston
Pam Darata
Bernie Bruns
Take notice that THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE
CITY OF RIVERSIDE, MISSOURI, a Missouri corporation, does hereby call its 2012
Annual Meeting of the Board of Directors to be held at Riverside City Hall, 2950 NW
Vivion Road, Riverside, Missouri, on the 13th day of September, 2012, at the hour of
6:00 p.m., for the following purposes:
1. Electing officers of the corporation;
2. Designating a proxy to act on behalf of the corporation at the annual
meeting of the landowners of Riverside-Quindaro Bend Levee District
of Platte County, Missouri;
3. For communicating and transacting such other business as may
properly come before the meeting.
Dated: September 11, 2012 at4:00 p.m.
Sarah Wagner
Assistant Secretary for the Corporation
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Thursday, August 9, 2012
6:00 p.m.
The Industrial Development Authority of the City of Riverside, Missouri, tnet in regular session at City Hall,
2950 NW Vivion Road, Riverside, Missouri.
President Pam Darata called the meeting to order at 6:14 p.m. Answering roll call were Pam Darata, Bernie
Bruns, Harold Snoderley, and Cy Houston. Also present were Nancy Thompson, City Attorney, Mike Duffy,
Director of Community Development, Sarah Wagner, Community Development.
Approval of Minutes from
April 24, 2012
Approval of Minutes from
July ] 9, 2012
Resolution 2012-014: A
Resolution authorizing the
sale and transfer of certain
property to the City of
Riverside, Missouri; directing
UMB Bank, as trustee, to
release such property from the
Deed of Trust; and
authorizing other actions in
connection therewith .
Resolution 2012-015:A
Resolution approving au
easetneut conveyance for the
transmission and distribution
of electric energy to Kansas
City Power and Light
Company and authorizing the
execution and delivery of
documents and actions
relating hereto.
Adjournment
Cy Houston moved to approve the minutes from April 24, 2012.
Harold Snoderley seconded and the motion passed 4-0.
Bernie Bruns moved to approve the minutes from July 19, 2012.
Harold Snoderley seconded and the motion passed 4-0.
Nancy Thompson gave an overview of Resolution 2012-014: A
Resolution authorizing the sale and transfer of certain property to the City
of Riverside, Missouri; directing LIMB Bank, as trustee, to release such
property from the Deed of Trust; and authorizing other actions in
connection therewith. Brent Miles with NorthPoint Development gave a
power point presentation outline the land sale and progress in the
Horizons Development.
Cy Houston moved to approve Resolution 2012-014.
Bernie Bruns seconded and the motion passed 4-0.
Pam Darata read Resolution 2012-015: A Resolution approving an
easement conveyance for the transmission and distribution of electric
energy to Kansas City Power and Light Company and authorizing the
execution and delivery of documents and actions relating hereto. Nancy
Thompson gave an overview of this resolution.
Harold Snoderley moved to approve Resolution 2012-015.
Cy Houston seconded and the motion passed 4-0.
Cy Houston moved to adjourn the meeting at 6:24 p.m.
Harold Snoderley seconded and the meeting was adjourned.
IDA RESOLUTION 2012-016
A RESOLUTION ELECTING THE OFFICERS OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI
WHEREAS, pursuant to the provisions of Chapter 349, RSMo., as amended, the Board
of Directors of The Industrial Development Authority of the City of Riverside, Missouri (the
"IDA"), desires to adopt this Resolution to provide for the election of officers to administer the
affairs of the corporation;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI AS
FOLLOWS:
THAT the following persons are herby appointed to serve in the offices set forth
preceding their respective names, to hold such respective office until the next annual meeting of
the Board of Directors or until a successor is duly appointed and qualified:
Office
President
Vice President
Treasurer
Secretary
Assistant Secretary
Name
FURTHER THAT this resolution shall take effect immediately upon passage and
approval by the Board of Directors;
FURTHER THAT the Secretary is directed to file this Resolution in the official record
book of the IDA;
PASSED AND ADOPTED by the Board of Directors of The Industrial Development
Authority of the City of Riverside, Missouri on this 13th day of September, 2012.
President
ATTEST:
[seal]
Assistant Secretary
IDA RESOLUTION 2012-017
A RESOLUTION GRANTING AND APPROVING THE EXECUTION OF A PROXY FOR
ANNUAL MEETING OF LANDOWNERS OF RIVERSIDE-QUINDARO BEND LEVEE
DISTRICT OF PLATTE COUNTY, MISSOURI AND ACTIONS RELATED THERETO
WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the
"IDA") is the real property owner of certain property located within the Riverside-Quindaro Bend
Levee District of Platte County, Missouri ("Levee District"); and
WHEREAS, the Levee District holds an annual meeting each year at which landowners
are entitled to vote to elect Supervisors; and
WHEREAS, the Authority desires to grant a proxy for its voting rights at the 2012 annual
meeting;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI
AS FOLLOWS:
THAT the IDA grants to Greg Mills, Interim City Administrator of the City of Riverside,
Missouri the right to act as Proxy, with full power of substitution, for the IDA at the 2012 Levee
District annual meeting of the landowners. The Proxy for Annual Meeting of Landowners of
Riverside-Quindaro Bend Levee District of Platte County, Missouri, in substantially the form
attached, is approved, and the President, Vice President, Secretary and Assistant Secretary are
authorized and directed to execute the Proxy, and the executions and delivery of all documents
and the performance of all actions related thereto are approved, authorized and directed.
FURTHER THAT this resolution shall take effect immediately upon passage and
approval by the Board of Directors;
PASSED AND ADOPTED by the Board of Directors of The Industrial Development
Authority of the City of Riverside, Missouri on this 19th day of September, 2011.
President
ATTEST:
[seal]
Assistant Secretary
IDA RESOLUTION 2012-017
PROXY FOR ANNUAL MEETING OF LANDOWNERS
OF RIVERSIDE-QUINDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY, MISSOURI
KNOW ALL MEN BY THESE PRESENTS THAT The Industrial Development
Authority of the City of Riverside, Missouri (the "IDA") being the record owner of real estate,
situate in the Riverside-Quindaro Bend Levee District of Platte County, Missouri (the "Levee
District"), being entitled to votes at the annual meeting of landowners of the Levee District to be
held on or about 10th day of October, 2012, in Riverside, Missouri, or on such other date as may
be designated, does hereby constitute and appoint Greg Mills with full power of substitution, the
proxy of the IDA to represent and vote all votes to which the IDA is entitled at such meeting on
the election of one or more supervisor(s) to the Board of Supervisors of the Levee District and
any other business as may properly come before said annual meeting or any adjournment thereof
and the IDA hereby revokes any authorization to vote at said meeting heretofore given by the
IDA to anyone.
IN WITNESS WHEREOF, the IDA, by and through its authorized official, has executed
this Proxy this 13th day of September, 2012.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE,
MISSOURI
By:
President
ATTEST:
[seal]
Assistant Secretary
IDA RESOLUTION 2012-018
A RESOLUTION APPROVING A TERMINATION AND RELEASE OF EASEMENTS
AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND
ACTIONS RELATING THERETO
WHEREAS, the City conveyed certain real property to The Industrial
Development Authority of the City of Riverside, Missouri, ("IDA") by Special Warranty
Deed recorded May 9, 2007 as document No. 007218 in Book 1103 at page 314; and
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of
May 1, 2007, the IDA is required, upon direction of the City, to transfer such interests
in the real property in whole or in part, in one or more transactions; and
WHEREAS, the City has identified a need to terminate certain easements
currently located on property owned by the City and on property owned by the IDA to
further the public purpose of economic and industrial development within the Horizons
development area and has directed the IFA to execute such release to further the
public purpose of economic and industrial development within the Horizons
Development Area;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT execution and delivery of the Termination and Release of Easements in
substantially the same form as attached hereto as Exhibit "A" by the President is
hereby authorized and approved and the Secretary and/or Acting Secretary are
authorized to attest thereto, and the performance of all actions related thereto are
approved, authorized and directed;
FURTHER THAT this Resolution shall be in full force and effect from and after
its passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri, the day of
September, 2012.
President
ATTEST:
Assistant Secretary
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTORS/ADDRESSES:
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TERMINATION AND RELEASE OF EASEMENTS
, 2012
LORETTA D. RISS AS TRUSTEE OF THE ROBERT B. RISS
MARITAL TRUST DATED JUNE 15, 1990
2510 GRAND AVENUE, #2704
KANSAS CITY, MO 64108
HARRY C. EDWARDS AND DENNIS L. FILGER AS
CO -TRUSTEES OF THE HARRY C. EDWARDS
TRUST ORIGINALLY DATED OCTOBER 9, 2001
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
HARRY C. EDWARDS AND DENNIS L. FILGER AS
CO -TRUSTEES OF THE LUCILLE C EDWARDS
TRUST ORIGINALLY DATED OCTOBER 9, 2001
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
HARRY C. EDWARDS, A SINGLE PERSON
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
MARGUERITE EDWARDS, A SINGLE PERSON
O. WYLIE RIDDLE, A MARRIED PERSON
BEVERLY EUNICE RIDDLE, SPOUSE OF
O. WYLIE RIDDLE
6700 JOHNSON ROAD
SPRINGFIELD, OH 45502
1
GRANTEES/ADDRESSES:
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CITY OF RIVERSIDE, MISSOURI
2950 NW VIVION ROAD
RIVERSIDE, MO 64150
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
2950 NW VIVION ROAD
RIVERSIDE, MO 64150
LORETTA D. RISS AS TRUSTEE OF THE ROBERT B. RISS
MARITAL TRUST DATED JUNE 15, 1990
2510 GRAND AVENUE, #2704
KANSAS CITY, MO 64108
HARRY C. EDWARDS AND DENNIS L. FILGER AS
CO -TRUSTEES OF THE HARRY C. EDWARDS
TRUST ORIGINALLY DATED OCTOBER 9, 2001
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
HARRY C. EDWARDS AND DENNIS L. FILGER AS
CO -TRUSTEES OF THE LUCILLE C. EDWARDS
TRUST ORIGINALLY DATED OCTOBER 9, 2001
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
HARRY C. EDWARDS, A SINGLE PERSON
4408 NORTH BALTIMORE COURT
KANSAS CITY, MO 64116-1536
MARGUERITE EDWARDS, A SINGLE PERSON
O. WYLIE RIDDLE, A MARRIED PERSON
BEVERLY EUNICE RIDDLE, SPOUSE OF
O. WYLIE RIDDLE
6700 JOHNSON ROAD
SPRINGFIELD, OH 45502
CITY OF RIVERSIDE, MISSOURI
2950 NW VIVION ROAD
RIVERSIDE, MO 64150
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
2950 NW VIVION ROAD
RIVERSIDE, MO 64150
2
LEGAL DESCRIPTION:
LOCATED ON PAGES Al- A4, Bl -B3, C 1-C2,
D1, and E1 -E2 AS
EXHIBITS A, B, C, D, AND E
REFERENCE BOOK AND PAGE: ROADWAY EASEMENT, DOCUMENT #28910,
BOOK 348, PAGE 12
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ROADWAY EASEMENT CONTAINED IN
MISSOURI WARRANTY DEED, DOCUMENT
#37704, BOOK 390, PAGE 532
ROADWAY EASEMENT CONTAINED IN
MISSOURI WARRANTY DEED, DOCUMENT
#37705, BOOK 390, PAGE 535
3
TERMINATION AND RELEASE OF EASEMENTS
This Termination and Release of Easements is executed as of the day of July,
2012, by Loretta D. Riss as Trustee of the Robert B. Riss Marital Trust dated June 15, 1990,
Harry C. Edwards and Dennis L. Filger, as Successor Trustee for Lucille C. Edwards who died
on September 30, 2011, as Co -Trustees of the Harry C. Edwards Trust originally dated October
9, 2001, Harry C. Edwards and Dennis L. Filger, as Successor Trustee for Lucille C. Edwards
who died on September 30, 2011, as Co -Trustees of the Lucille C. Edwards Trust originally
dated October 9, 2001, Harry C. Edwards, a single person, Marguerite Edwards, a single person,
O. Wylie Riddle, a married person, and Beverly Eunice Riddle, spouse of O. Wylie Riddle, City
of Riverside, Missouri, a fourth class city organized and existing under the laws of the State of
Missouri, and the Industrial Development Authority of Riverside, Missouri, a public corporation
organized and existing under the laws of the State of Missouri.
WHEREAS, as evidenced by Trustee's Special Warranty Deed dated February 28, 2006,
and recorded March 3, 2006 as Document No. 003534 in Book 1077 at Page 731 with the Platte
County, Missouri Recorder of Deeds, Loretta D. Riss as Trustee of the Robert B. Riss Marital
Trust dated June 15, 1990 ("RISS") is the owner of the following described real property, to -wit:
See Exhibit A attached hereto and incorporated herein by reference
Hereinafter referred to as the "RISS PROPERTY"
AND WHEREAS, as evidenced by the Missouri Trustees' Deed dated April 3, 2003, and
recorded May 22, 2003 as Document No. 14028 in Book 1003 at Page 927 with the Platte
County, Missouri Recorder of Deeds as amended/corrected by Amended/Correction Missouri
Quit -Claim Deed dated August 16, 2007 and recorded August 17, 2007 as Document No. 13356
in Book 1109 at Page 430 with the Platte County, Missouri Recorder of Deeds, and by Missouri
Trustees' Deed dated April 3, 2003, and recorded May 22, 2003 as Document No. 14027 in
Book 1003 at Page 926 with the Platte County, Missouri Recorder of Deeds, and by Special
Warranty Deed dated September 26, 2007, and recorded October 4, 2007 as Document No.
15793 in Book 1111 at Page 853 with the Platte County, Missouri Recorder of Deeds, Harry C.
Edwards and Dennis L. Filger as Co -Trustees of the Harry C. Edwards Trust originally dated
October 9, 2001, Harry C. Edwards and Dennis L. Filger as Co -Trustees of the Lucille C.
Edwards Trust originally dated October 9, 2001, and Harry C. Edwards, a single person
("EDWARDS") are the owners of the following described real property, to -wit:
See Exhibit B attached hereto and incorporated herein by reference
Hereinafter referred to as the "EDWARDS PROPERTY"
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4
AND WHEREAS, by Trustee's Deed dated August 11, 1992, and recorded August 27,
1992 as Document No. 11776 in Book 776 at Page 2 with the Platte County, Missouri Recorder
of Deeds, Marguerite Edwards, a single person, and O. Wylie Riddle, a married person,
("EDWARDS/RIDDLE") are the owners of the following real property, to -wit:
See Exhibit C attached hereto and incorporated herein by reference
Hereinafter referred to as the "EDWARDS/RIDDLE PROPERTY"
AND WHEREAS, by Special Warranty Deed dated December 8, 2011, and recorded
December 8, 2011 as Document No. 2011014269 in Book 1182 at Page 669 with the Platte
County, Missouri Recorder of Deeds, the City of Riverside, Missouri, a fourth class city
organized and existing under the laws of the State of Missouri, ("RIVERSIDE") is the owner of
the following real property, to -wit:
See Exhibit D attached hereto and incorporated herein by reference
Hereinafter referred to as the "RIVERSIDE PROPERTY"
AND WHEREAS, by Special Warranty Deed dated May 1, 2007, and recorded May 9,
2007 as Document No. 2007007218 in Book 1103 at Page 314 with the Platte County, Missouri
Recorder of Deeds, the Industrial Development Authority of Riverside, Missouri, a public
corporation organized and existing under the laws of the State of Missouri, ("IDA") is the owner
of the following real property, to -wit:
See Exhibit E attached hereto and incorporated herein by reference
Hereinafter referred to as the "IDA PROPERTY"
The RISS PROPERTY, EDWARDS PROPERTY, EDWARDS/RIDDLE PROPERTY,
RIVERSIDE PROPERTY, and IDA PROPERTY are hereafter collectively referred to as the
"Servient Estate".
RISS, EDWARDS, EDWARDS/RIDDLE, RIVERSIDE and IDA are also the owners
and/or beneficiaries of a non-exclusive perpetual easement and right to enter upon and to use as a
roadway for ingress and egress a strip of land 20 feet in width lying, being and situate in the
County of Platte, City of Riverside, State of Missouri, as more particularly described as follows,
to -wit:
A non-exclusive 20 feet in width roadway easement lying South of and adjacent
to the following described line: Beginning at the Northwest corner of Lot 2, said
point being also the Northeast corner of Lot 3, Section 7, Township 50, Range 33,
as shown on the Original Government Survey of Platte County, Missouri, said
point being also the Southwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 7; thence South 89° 44' 00" East along the North line of
said Lot 2 and the South line of the Northwest Quarter of the Northeast Quarter of
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5
said Section 7, 1302.15 feet to the point of termination, said point of termination
being a point in Maddox Road, as the same is now located and used, and is also
the Northeast corner of said Lot 2 and is also the Southeast corner of the
Northwest Quarter of the Northeast Quarter of said Section 7. It is the intention of
all parties concerned that the roadway give ingress and egress from the East line
of said Lot 3 and extending East to the intersection of Maddox and DeConick
Roads, both being used as public roads in the City of Riverside, County of Platte,
State of Missouri.
(hereafter referred to as the "Dominant Estate"), as contained in the Roadway Easement dated
August 6, 1970, and recorded on September 14, 1970, as Document No. 28910 in Book 348 at
Page 12 in the Office of the Recorder of Deeds for Platte County, Missouri ("ROADWAY
EASEMENT").
AND WHEREAS, the RISS PROPERTY, EDWARDS PROPERTY, and
EDWARDS/RIDDLE PROPERTY are subject to the Roadway Easement.
AND WHEREAS, a portion of the EDWARDS PROPERTY is subject to a roadway
easement contained in the Missouri Warranty Deed dated July 17, 1972, and recorded July 18,
1972, as Document No. 37704 in Book 390 at Page 532 in the Office of the Recorder of Deeds
for Platte County, Missouri ("SECOND ROADWAY EASEMENT").
AND WHEREAS, a portion of the EDWARDS PROPERTY and the
EDWARDS/RIDDLE PROPERTY are subject to a roadway easement contained in the Missouri
Warranty Deed dated July 17, 1972, and recorded July 18, 1972, as Document No. 37705 in
Book 390 at Page 535 in the Office of the Recorder of Deeds for Platte County, Missouri
("THIRD ROADWAY EASEMENT").
AND WHEREAS, Loretta D. Riss as Trustee of the Robert B. Riss Marital Trust dated
June 15, 1990, Harry C. Edwards and Dennis L. Filger as Co -Trustees of the Harry C. Edwards
Trust originally dated October 9, 2001, Harry C. Edwards and Dennis L. Filger as Co -Trustees of
the Lucille C. Edwards Trust originally dated October 9, 2001, Harry C. Edwards, a single
person, Marguerite Edwards, a single person, O. Wylie Riddle, a married person, Beverly Eunice
Riddle, spouse of O. Wylie Riddle, City of Riverside, Missouri, a fourth class city organized and
existing under the laws of the State of Missouri, and the Industrial Development Authority of
Riverside, Missouri, a public corporation organized and existing under the laws of the State of
Missouri, are currently the owners and/or beneficiaries of both the Servient Estate and/or the
Dominant Estate, and desire to terminate any and all of their right, title and interest in and to the
terms, conditions, easements and provisions set forth in said Roadway Easement, Second
Roadway Easement, and Third Roadway Easement.
NOW THEREFORE, Loretta D. Riss as Trustee of the Robert B. Riss Marital Trust dated
June 15, 1990, Harry C. Edwards and Dennis L. Filger as Co -Trustees of the Harry C. Edwards
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6
Trust originally dated October 9, 2001, Harry C. Edwards and Dennis L. Filger as Co -Trustees of
the Lucille C. Edwards Trust originally dated October 9, 2001, Harry C. Edwards, a single
person, Marguerite Edwards, a single person, O. Wylie Riddle, a married person, Beverly Eunice
Riddle, spouse of O. Wylie Riddle, City of Riverside, Missouri, a fourth class city organized and
existing under the laws of the State of Missouri, and the Industrial Development Authority of
Riverside, Missouri, a public corporation organized and existing under the laws of the State of
Missouri, as owners and/or beneficiaries of the Servient Estate and/or Dominant Estate do
hereby, to the extent of their power and authority to do so, terminate, vacate, extinguish and
release any and all of their right, title and interest in and to all of the terms, conditions, and
provisions of the Roadway Easement, Second Roadway Easement, and Third Roadway
Easement in their entirety, and hereby declare said Roadway Easement, Second Roadway
Easement, and Third Roadway Easement to be void and of no further force and effect, and
hereby forever discharge and release the same of record.
[SIGNATURE AND NOTARY PAGES FOLLOW]
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7
ROBERT B. RISS MARITAL TRUST
DATED JUNE 15, 1990
By:
Loretta D. Riss, Trustee
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Loretta D. Riss, Trustee of the Robert B. Riss Marital
Trust dated June 15, 1990, known to me to be the Trustee of the Robert B. Riss Marital Trust
dated June 15, 1990, and who executed the within instrument, and acknowledged to me that she
executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
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Notary Public
Printed or Typed Name
8
HARRY C. EDWARDS TRUST
ORIGINALLY DATED OCTOBER 9, 2001
By:
Harry C. Edwards, Co -Trustee
By:
Dennis L. Filger, Co -Trustee
ACKNOWLEGEMENT
STATE OF )
) ss.
COUNTY OF )
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Harry C. Edwards, Co -Trustee of the Harry C. Edwards
Trust originally dated October 9, 2001, known to me to be the Co -Trustee of the Harry C.
Edwards Trust originally dated October 9, 2001, and who executed the within instrument, and
acknowledged to me that he executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
{13:/Docs/1893/013/MP96405/00647483;1 }
Notary Public
Printed or Typed Name
9
ACKNOWLEGEMENT
STATE OF )
) ss.
COUNTY OF )
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Dennis L. Filger, Co -Trustee of the Harry C. Edwards
Trust originally dated October 9, 2001, known to me to be the Co -Trustee of the Harry C.
Edwards Trust originally dated October 9, 2001, and who executed the within instrument, and
acknowledged to me that he executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
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Notary Public
Printed or Typed Name
10
LUCILLE C. EDWARDS TRUST
ORIGINALLY DATED OCTOBER 9, 2001
By:
Harry C. Edwards, Co -Trustee
By:
Dennis L. Filger, Co -Trustee
ACKNOWLEGEMENT
STATE OF )
) ss.
COUNTY OF )
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Harry C. Edwards, Co -Trustee of the Lucille C. Edwards
Trust originally dated October 9, 2001, known to me to be the Co -Trustee of the Lucille C.
Edwards Trust originally dated October 9, 2001, and who executed the within instrument, and
acknowledged to me that he executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
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Notary Public
Printed or Typed Name
11
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF )
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Dennis L. Filger, Co -Trustee of the Lucille C. Edwards
Trust originally dated October 9, 2001, known to me to be the Co -Trustee of the Lucille C.
Edwards Trust originally dated October 9, 2001, and who executed the within instrument, and
acknowledged to me that he executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
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Notary Public
Printed or Typed Name
12
Harry C. Edwards, a single person
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Harry C. Edwards, a single person, known to me to be the
person described in and who executed the within instrument, and acknowledged to me that he
executed the same as his free act and deed for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
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Notary Public
Printed or Typed Name
13
Marguerite Edwards, a single person
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Marguerite Edwards, a single person, known to me to be
the person described in and who executed the within instrument, and acknowledged to me that
she executed the same as her free act and deed for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
{13:/Docs/1893/013/MP96405/00647483;1 }
Notary Public
Printed or Typed Name
14
O. Wylie Riddle, a married person
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared O. Wylie Riddle, a married person, known to me to be the
person described in and who executed the within instrument, and acknowledged to me that he
executed the same as his free act and deed for the purposes therein stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
{P:/Docs/1893/013/MP96405/00647483;1 }
Notary Public
Printed or Typed Name
15
Beverly Eunice Riddle,
Spouse of O. Wylie Riddle
ACKNOWLEGEMENT
STATE OF
) ss.
COUNTY OF
On this day of , 2012, before me, a Notary Public in and for said
County and State, personally appeared Beverly Eunice Riddle, spouse of O. Wylie Riddle,
known to me to be the person described in and who executed the within instrument, and
acknowledged to me that she executed the same as her free act and deed for the purposes therein
stated.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the date
last above written.
My Commission Expires:
{13:/Docs/1893/013/MP96405/00647483;1 }
Notary Public
Printed or Typed Name
16
CITY OF RIVERSIDE, MISSOURI
By:
Kathleen L. Rose, Mayor
ATTEST:
By:
City Clerk
ACKNOWLEDGEMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of , 2012, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Kathleen L. Rose to me personally
known, who being by me duly sworn, did say that she is the Mayor of the City of Riverside,
Missouri, a municipal corporation duly organized and existing under the laws of the State of
Missouri, and that the seal affixed to the foregoing instrument is the seal of said municipality,
and that said instrument was signed and sealed in behalf of said municipality by free act and
deed of said municipality.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
(Seal)
My Commission Expires:
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Notary Public
Printed or Typed Name
17
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Pamela J. Darata, President
ATTEST:
By:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
ON THIS day of , 2012, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared Pamela J. Darata, to me
personally known, who being by me duly sworn, did say that she is the President of The
Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly
organized and existing under the laws of the State of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed
in behalf of said Authority by free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
(Seal)
My Commission Expires:
{13:/Docs/1893/013/MP96405/00647483;1 }
Notary Public
Printed or Typed Name
18
EXHIBIT A
Legal Description of RISS PROPERTY
Part of Fractional Section 7, Township 50, Range 33, in Riverside, Platte County,
Missouri and part of the accretions thereto, all more particularly described as
follows: Beginning at the Northwest corner of Lot 2 of said Fractional Section 7
as located by the original government survey (said corner being also sometimes
called the Northwest corner of the Southwest Quarter of the Northeast quarter of
said Section 7); thence South along the west line of said Lot 2 (being also the East
line of Lot 3 of said Fractional Section 7) a distance of 1315.43 feet to an iron bar
(said iron bar being sometimes called the Southwest corner of the Southwest
Quarter of the Northeast Quarter of said Section 7); thence South 89° 40' 13" East
along a line sometimes called the South line of the Southwest Quarter of the
Northeast Quarter of said Section 7, a distance of 1320 feet; thence South along
the East line of a tract of land conveyed by deed recorded in Book 114 at Page
558, Recorder's Office, Platte County, Missouri, and the Northerly extension
thereof to the Northerly right of way line of highway designated Interstate Route
635; thence Northeasterly and Easterly along said Northerly right of way line to
the intersection thereof with the Southerly prolongation of the East line of said
Fractional Section 7, as said line is established by the boundary line agreement
filed as Document #13069, recorded in Book 291 at Page 71, Recorder's Office,
aforesaid; thence North 0° 12' 26" West along said established boundary line, a
distance of 68.02 feet; thence North 0° 00' 47" West along the East line of said
Fractional Section 7, a distance of 193.76 feet, more or less, to a point which is
2,145 feet (32.50 chains) South of the Northeast corner of said Fractional Section
7 (being also the Southeast corner of a tract of land conveyed by deed recorded in
Book 273 at Page 512, said Platte County Recorder's Office) thence West along
the South line of said last mentioned tract, 1306.80 feet (19.80 chains) to the
Southwest corner of said last mentioned tract; thence North along the West line of
said last mentioned tract and along the West lines of the tracts of land conveyed
by deeds recorded in said Recorder's Office in Book 181 at Page 185, Book 310
at Page 173, and in Book 277 at Page 41, (said West lines being 19.80 chains
West of the East line of said Fractional Section 7) and along the North
prolongation thereof, a distance of 829.00 feet, more or less, to the North line of
said Lot 2 of said Fractional Section 7, being also sometimes called the North line
of the Southwest Quarter of the Northeast Quarter of said Section 7; thence North
89° 44' 00" West along the North line of said Lot 2, a distance of 1297 feet, more
or less, to the point of beginning.
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A-1
LESS AND EXCEPT THE FOLLOWING:
A tract of land for permanent right-of-way purposes that is described from and
related to the following defined centerline of I-635, lying in fractional Sections 7
and 8, T5ON, R33W, in Riverside, Platte County, Missouri, all bearings are
referenced to the Missouri State Plane Coordinate System, 1983, West Zone, said
defined centerline being more particularly described as follows:
I-635 CENTERLINE DESCRIPTION
Commencing at a found 1-1/2 inch diameter pipe at the Northwest Corner of the
Northeast Quarter of fractional Section 7, T5ON, R33W, per certified land corner
Document Number 600-61554; thence South 00° 20' 45" West along the west
line of the Northeast Quarter of said fractional Section 7 and along the southerly
prolongation of said west line, a distance of 4692.29 feet to the point of beginning
of said defined centerline, at I-635 centerline Station 12+28.03; thence North 27°
10' 29" East, a distance of 1008.97 feet to I-635 centerline Tangent to Spiral
Station 22+37; thence Northeasterly along a 300 foot spiral curve to the right,
with an "X" distance of 299.81 feet along the main tangent and a "Y" distance of
7.85 feet offset from the main tangent, to I-635 centerline Spiral to Curve Station
25+37; thence Northeasterly along a 3° curve to the right having an interior angle
of 60° 03' 59" and a radius of 1909.86 feet, for an arc distance of 1702.21 feet to
I-635 centerline Curve to Spiral Station 42+39.22; thence easterly along a 300
foot spiral curve to the right, with an "X" distance of 299.81 feet along the main
tangent and a "Y" distance of 7.85 feet offset from the main tangent, to I-635
centerline Spiral to Tangent and Equation Station 45+39.22 back equals I-635
centerline Station 45+05.7 ahead; thence North 87° 14' 28" East, a distance of
330.10 feet to a point at I-635 centerline Station 48+35.80 on the west line of the
Northwest Quarter of fractional Section 8, T5ON, R33W, said point bears North
00° 19' 39" East, a distance of 57.37 feet from a found 1/2 inch iron bar per
certified land corner Document Number 600-63115 at the Southwest Corner of
the Northwest Quarter of said fractional Section 8 and bears South 00° 19' 39"
West, a distance of 2574.20 feet from a found 3/4 inch iron bar in monument box
per certified land corner Document Number 600-61555 at the Northwest Corner
of said fractional Section 8; thence continuing North 87° 14' 28" East along said
defined centerline of I-635, a distance of 1664.20 feet to end I-635 centerline
Station 65+00, hereafter referred to as point "A", at said point "A" the I-635
centerline ends at Station 65+00, and from said point "A" the Northbound I-635
baseline is offset 30.00 feet right and begins at Station 65+00, and from said point
"A" the Southbound I-635 baseline is offset 54.00 feet left and begins at Station
65+00; both northbound and southbound baselines being further described as
follows:
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A-2
NORTHBOUND I-635 BASELINE DESCRIPTION
Commencing at the aforesaid point "A" at end I-635 centerline Station 65+00;
thence South 02° 45' 32" East, a distance of 30.00 feet to the point of beginning
of Northbound I-635 baseline at Station 65+00; thence North 87° 14' 28" East, a
distance of 918.61 feet to Northbound I-635 Tangent to Spiral Station 74+18.61;
thence northeasterly along a 350 foot spiral curve to the left, with an "X" distance
of 349.60 feet along the main tangent and a "Y" distance of 12.46 feet offset from
the main tangent, to Northbound I-635 Spiral to Curve Station 77+68.61; thence
northeasterly along a 3° 30' curve to the left having an interior angle of 75° 57'
51" and a radius of 1637.02 feet, for an arc distance of 1895.40 feet to
Northbound I-635 Curve to Spiral Station 96+64.01, from which a found chiseled
"+" in top of a 6-1/2 inch concrete filled pipe, per certified land corner Document
Number 600-41592, at the North Quarter Corner of fractional Section 8, T5ON,
R33W, bears North 53° 35' 13" West, a distance of 2019.42 feet.
SOUTHBOUND I-635 BASELINE DESCRIPTION
Commencing at the aforesaid point "A" at end I-635 centerline Station 65+00;
thence North 02° 45' 32" West, a distance of 54.00 feet to the point of beginning
of Southbound I-635 baseline at Station 65+00; thence North 87° 14' 28" East, a
distance of 644.27 feet to Southbound I-635 Tangent to Spiral Station 71+44.27;
thence northeasterly along a 350 foot spiral curve to the left, with an "X" distance
of 349.60 feet along the main tangent and a "Y" distance of 12.46 feet offset from
the main tangent, to southbound I-635 Spiral to Curve Station 74+94.27; thence
northeasterly along a 3° 30' curve to the left having an interior angle of 72° 55'
16" and a radius of 1637.02 feet, for an arc distance of 1808.46 feet to
Southbound I-635 Curve to Spiral Station 93+02.73, from which a found chiseled
"+" in top of a 6-1/2 inch concrete filled pipe, per certified land corner Document
Number 600-41592, at the North Quarter Corner of fractional Section 8, T5ON,
R33W, bears North 47° 30' 46" West, a distance of 1793.65 feet.
The above Centerline and Baseline descriptions being referred to herein for
purposes of conveyance by Grantor to Grantee of the following described
property:
All that part of Grantor's real property and real property rights and interest to the
extent located in a limited access tract of land located in fractional Section 7,
T5ON, R33W, in Riverside, Platte County, Missouri, lying within the widths on
the left or northerly side of the above described I-635 centerline to wit:
Beginning at a width of 195.00 feet at Station 36+00.00; thence increasing along a
straight line to a width of 210.00 feet at Station 39+75.00; thence increasing along
a straight line to a width of 350.00 feet at Station 44+50.00; thence increasing
uniformly to a width of 455.00 feet at Station 47+75.00; thence an even width of
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A-3
455.00 feet to Station 51+10.00; containing 165,916 square feet (3.8089 acres),
more or less, of land.
Also, all abutter's rights of direct access between the highway now known as I-
635, ramp no. 1 and grantor's abutting land in the E1/2 of fractional Section 7,
T5ON, R33W, Riverside, Platte County, Missouri.
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A-4
EXHIBIT B
Legal Description of EDWARDS PROPERTY
PARCEL 1:
All of Lot 3, of Fractional Section 7, Township 50, Range 33, in Riverside, Platte
County, Missouri, and accretions thereto, described by metes and bounds as
follows, to -wit: Beginning at the Northwest corner of said Lot 3; thence East
along the North line thereof, sometimes known as the North line of the Southeast
Quarter of the Northwest Quarter of said fractional section, South 89 degrees 43
minutes 00 seconds East 1306.60 feet, more or less, to the Northeast corner of
said Lot 3; thence South along the East line of said Lot, sometimes known as the
East line of the Northwest Quarter of said fractional section and the Southerly
prolongation thereof 3199.5 feet to a meander corner on the Northerly bank of the
Missouri River as located in April, 1969, and shown on the plat of survey of
Anderson Survey Company dated April 17, 1969, No. 22778, thence
Northwesterly meandering said river, but with the low water line of said river as
the boundary, to a second meander corner set 2690.3 feet South of the Northwest
corner of said Lot 3 measured along the West line of said Lot 3; sometimes
referred to as the West line of the Southeast Quarter of the Northwest Quarter of
said Section and the Southerly prolongation thereof; thence North along said last
described line 2690.3 feet to the point of beginning; together with all accretions
thereto but subject to all erosion therefrom since the aforesaid April, 1969 survey,
except that part in streets and roads.
EXCEPT THEREFROM that part thereof lying West of the following described
line, to -wit: Commencing at a point on the North line of said Lot 3, said point
being 625.48 feet Westerly of the Northeast corner of said Lot 3; thence on a line
extending Southerly through said described tract parallel with the East and West
boundary line thereof to the Northerly bank of the Missouri River as located in
April, 1969, and shown on plat of survey of Anderson Survey Company dated
April 17, 1969, No. 22778; together with all accretions thereto, but subject to all
erosions therefrom since the aforesaid April, 1969 survey
ALSO EXCEPT that part condemned by the Riverside-Quindaro Bend Levee
District by instrument recorded August 2, 1999 as Document No. 13898 in Book
911 at Page 744.
TOGETHER with an easement for roadway over a strip of land 20 feet in width
lying South of and adjacent to the following described line: Beginning at the
Northwest corner of Lot 2, said point being also the Northeast corner of Lot 3,
Section 7, Township 50, Range 33, as shown on the Original Government Survey
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B-1
of Platte County, Missouri, said point being also the Southwest corner of the
Northwest Quarter of the Northeast Quarter of said Section 7; thence South 89
degrees 44 minutes 00 seconds East along the North line of said Lot 2 and the
South line of the Northwest Quarter of the Northeast Quarter of said Section 7,
1302.15 feet to the point of termination, said point of termination being a point in
Maddox Road, as the same is now located and used, and is also the Northeast
corner of said Lot 2 and is also the Southeast corner of the Northwest Quarter of
the Northeast Quarter of said Section 7, as established in the instrument recorded
in Book 348 at Page 12 in the Office of the Recorder of Deeds for Platte County,
Missouri.
PARCEL 2:
TRACT I:
The North Ten (10) acres of the Southeast Quarter (SE 1/4) of the Northeast
Quarter (NE 1/4) of Section Seven (7), Township Fifty (50), Range Thirty-three
(33), more particularly described as follows: Beginning at a point Twenty (20)
chains South of the Northeast corner of said Section Seven (7), and running
thence West Nineteen and Eighty One Hundredths (19.80) chains; thence South
Five (5) chains; thence East Nineteen and Eighty One Hundredths (19.80) chains;
thence North Five (5) chains to the point of beginning, Except that part in streets
and roads.
TRACT II:
All that part of the Northeast Quarter of Section 7, Township 50, Range 33
described as follows: Beginning at a point 25 chains South of the Northeast corner
of said Section 7 and running 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 that part in streets and roads.
Also excepting therefrom the following described tract:
All that part of the Northeast Quarter of Section 7, Township 50, Range 33,
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.
PARCEL 3:
TRACT III:
A tract of land located in the Northwest Quarter of Fractional Section 8,
Township 50 North, Range 33 West, in Riverside, Platte County, Missouri,
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B-2
bearings are referenced to grid North of the Missouri State Plane Coordinate
System, 1983, West Zone, and more particularly described as follows:
Commencing at the Southwest corner of the Northwest Quarter of Fractional
Section 8, Township 50 North, Range 33 West, being a found 1/2 inch iron bar,
Per Certified Land Corner Document Number 600-63115; thence North 00
degrees 19 minutes 39 seconds East along the West line of said Northwest
Quarter, a distance of 1072.94 feet to the point of beginning; thence continuing
North 00 degrees 19 minutes 39 seconds East along said West line of the
Northwest Quarter, a distance of 238.62 feet to the Northwest corner of the
Southwest Quarter of the Northwest Quarter of said Fractional Section 8; thence
South 89 degrees 31 minutes 26 seconds East along the North line of said
Southwest Quarter of the Northwest Quarter, a distance of 78.07 feet; thence
South 18 degrees 27 minutes 30 seconds West, a distance of 250.88 feet to the
Point of Beginning, Except that part in road.
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B-3
EXHIBIT C
Legal Description of EDWARDS/RIDDLE PROPERTY
TRACT I:
All of Lot 3, of Fractional Section 7, Township 50, Range 33, in Riverside, Platte
County, Missouri, and accretions thereto, described by metes and bounds as
follows, to -wit: Beginning at the Northwest corner of said Lot 3; thence East
along the North line thereof, sometimes known as the North line of the Southeast
Quarter of the Northwest Quarter of said fractional section, South 89 degrees 43
minutes 00 seconds East 1306.60 feet, more or less, to the Northeast corner of
said Lot 3; thence South along the East line of said Lot, sometimes known as the
East line of the Northwest Quarter of said fractional section and the Southerly
prolongation thereof 3199.5 feet to a meander corner on the Northerly bank of the
Missouri River as located in April, 1969, and shown on the plat of survey of
Anderson Survey Company dated April 17, 1969, No. 22778, thence
Northwesterly meandering said river, but with the low water line of said river as
the boundary, to a second meander corner set 2690.3 feet South of the Northwest
corner of said Lot 3 measured along the West line of said Lot 3; sometimes
referred to as the West line of the Southeast Quarter of the Northwest Quarter of
said Section and the Southerly prolongation thereof; thence North along said last
described line 2690.3 feet to the point of beginning; together with all accretions
thereto but subject to all erosion therefrom since the aforesaid April, 1969 survey;
EXCEPT THEREFROM that part thereof lying East of the following described
line, to -wit: Commencing at a point on the North line of said Lot 3, said point
being 625.43 feet Westerly of the Northeast corner of said Lot 3; thence on a line
extending Southerly through said described tract parallel with the East and West
boundary lines thereof to the Northerly bank of the Missouri River as located in
April 1969, and shown on plat of survey of Anderson Survey Company dated
April 17, 1969, No. 22778; together with all accretions thereto, but subject to all
erosions therefrom since the aforesaid April 1969 survey, except any part in
roads, if any.
ALSO EXCEPT that part condemned by the Riverside-Quindaro Bend Levee
District by instrument recorded August 2, 1999 as Document No. 13898 in Book
911 at Page 744. Together with a non-exclusive 20 feet in width roadway
easement lying South of and adjacent and adjoining that part of the North line of
said Lot 3 which extends from the Northeast corner of the tract hereinabove
conveyed East to the Northeast corner of said Lot 3. The North line of said 20 feet
in width roadway easement being also the North line of said Lot 3.
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C-1
TRACT II:
The West 1/2 of the South 1/2 of the Northwest 1/4 of Section 7, Township 50,
Range 33, the same running to the Missouri River Bank in Platte County,
Missouri, except any part in roads, if any. (Also described as Lot 4 of fractional
Section 7, Township 50, Range 33, Platte County, Missouri.)
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C-2
EXHIBIT D
Legal Description of RIVERSIDE PROPERTY
TRACT I:
A tract of land in Platte County, Missouri, being described as follows: Beginning
at the northwest corner of the northeast quarter of the northeast quarter of Section
7, Township 50, Range 33, thence south 1,315.3 feet to the southwest corner of
said northeast quarter of the northeast quarter; thence east 455.64 feet; thence
north 1,315.3 feet to the north line of said Section 7; thence west 455.64 feet to
the point of beginning, except that part in roads.
TRACT II:
A tract of land in Platte County, Missouri, being described as follows: Beginning
on the north line of Section 7, Township 50, Range 33, in Platte County,
Missouri, 650.91 feet west of the northeast corner; thence west 195.28 feet;
thence south 1,315.3 feet; thence east 195.28 feet; thence north to the point of
beginning This tract being the west half of a certain tract described in a Warranty
Deed recorded in Book 151 at Page 490 in the Office of the Recorder of Deeds for
Platte County, Missouri, except that part in roads.
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D-1
EXHIBIT E
Legal Description of IDA PROPERTY
Tract I:
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33,
Platte County, Missouri, EXCEPT a tract of land conveyed to Latta -Scholes, Incorporated in
Book 348 at Page 421 and EXCEPT part in roadway, and EXCEPT those parts lying southward
of the northerly line of Interstate 635.
Tract II:
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.
and
All 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.
Tract III:
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 bar on 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, and those parts
{P:/Docs/1893/013/MP96405/00647483;1 }
E-1
condemned by the Riverside Quindaro Bend Levee District of Platte County, Missouri, in 2001
and 2002.
{ P111)ocs/1893/013/MP96405/00647483;1 1
E-2
IDA RESOLUTION 2012-019
A RESOLUTION APPROVING AN EASEMENT CONVEYANCE FOR LOCATION
OF AN EQUIPMENT STATION AND UNDERGROUND LINES TO
SOUTHWESTERN BELL TELEPHONE COMPANY AND AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING
THERETO
WHEREAS, the City conveyed certain real property known as Riverside
Horizons east of Horizons Parkway to The Industrial Development Authority of the
City of Riverside, Missouri, ("IDA") by Special Warranty Deed recorded May 9, 2007
as document No. 007218 in Book 1103 at page 314; and
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of
May 1, 2007, the IDA is required, upon direction of the City, to transfer such interests
in the real property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with
Riverside Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the
development of the Horizons Business Park Development Project (the "Project")
within the City; and
WHEREAS, the Project will require an extension of certain Southwestern Bell
Telephone Company ("SW Bell") facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons,
LLC., has approved plans from SW Bell for installation of certain electrical
improvements within the Project on Lot 2 of the Replat of Lot 13, Riverside Horizons
East First Plat; and
WHEREAS, the Board of Aldermen have found it is in the best interest of the City
to provide for the location of such facilities of SW Bell pursuant to an easement in
substantially the same form as set forth in Exhibit "A" and have further directed the IDA
to execute such easement to further the public purpose of economic and industrial
development within the Horizons development area;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the execution and delivery of the Southwestern Bell Telephone
Company Easement for Equipment State and Underground Lines (the "Easement") in
substantially the same form as attached hereto as Exhibit "A" is hereby approved;
IDA RESOLUTION 2012-019
FURTHER THAT the President, Vice -President, Secretary, Assistant Secretary
and other appropriate officers and agents of the IDA are hereby authorized to take
such further actions and execute such other documents as may be necessary or
desirable to carry out and comply with the intent of this Resolution.
FURTHER THAT this Resolution shall be in full force and effect from and after
its passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri this day of September,
2012.
President
ATTEST:
Assistant Secretary
SOUTHWESTERN BELL TELEPHONE COMPANY
EASEMENT FOR EQUIPMENT STATION AND UNDERGROUND LINES
THE STATE OF MISSOURI
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF PLATTE
THAT THIS EASEMENT AGREEMENT is entered into by the undersigned, THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI,
[hereinafter referred to as "GRANTOR"], and SOUTHWESTERN BELL TELEPHONE
COMPANY, a Missouri corporation, (hereinafter referred to as GRANTEE"), wherein GRANTOR,
in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and
valuable consideration, receipt of which is hereby acknowledged, does by these presents, GRANT,
BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its affiliates and
subsidiaries, and their successors, assignees, lessees, licensees and agents (hereinafter collectively
referred to as "GRANTEE"), a permanent exclusive easement (hereinafter referred to as the
"Easement") as described herein below for the purposes hereinafter set forth, upon, across, over,
above, under and within GRANTOR'S tract of land located in Platte County, Missouri, (hereinafter
called "the Property"), and described as follows, to wit:
See Survey and Field Notes that are attached as Exhibit "A"
This agreement does not constitute a conveyance of the Property, nor of the minerals
therein and thereunder, but grants only an Easement subject to the following:
(a) This Easement is granted for the purpose of permitting GRANTEE to construct,
operate, maintain, protect, repair, relocate, upgrade, replace, and remove such underground lines,
circuits and conduits for the transmission of signals used in the provision of communication, data,
video, and information services, associated equipment stations, vaults, cabinets and power
pedestals, and such appurtenances thereto (collectively, the "Facilities"), as GRANTEE may from
time to time require upon, across, over, above, under and within the Easement.
EQUIPMENT STATION W/UNDERGROUND LINES — MISSOURI
Ver.5.09
(b) GRANTOR further conveys to GRANTEE the following incidental rights and
powers: the right of pedestrian and vehicular ingress to and egress from said Easement utilizing
reasonable routes across the Property, including but not limited to the right to use existing and future
roads, parking lots, entrances and exits and all other paved areas of the Property; the right to drain or
sheet flow storm water runoff from the Easement onto the Property and/or into existing and future
storm water collection and drainage facilities located within the Property; the right to clear and keep
cleared trees, brush, and all other obstructions from the surface and subsurface of said Easement;
the right to fence the Easement; the right to construct, operate and maintain, or license others to do
so, service lines for electric power; and, the right to install, maintain, and use gates in fences which
cross said Easement.
(c) During the period of installation, removal or replacement of the Facilities by
GRANTEE within the Easement herein granted, GRANTEE shall have the right to use as
temporary construction easements so much of the surface of the Property as may be reasonably
necessary for GRANTEE'S construction, installation, removal or replacement of said Facilities.
Following the initial installation of GRANTEE'S Facilities, and also after any later activities by
GRANTEE which affect the Property, GRANTEE shall promptly restore the grounds affected
thereby to as nearly as practicable the same condition that existed prior to such activity.
(d) The Easement granted hereby is subject to all valid and subsisting oil, gas, sulfur, and
mineral leases, unitization agreements, deeds, easements, rights-of-way, restrictive covenants,
mineral and royalty grants and reservations, or other instruments now of record which affect the
Easement.
(e) GRANTOR warrants that it is the owner of the Property occupied by the Easement
herein granted, and that GRANTOR has the right to make this conveyance and receive the
consideration therefor. GRANTOR covenants that GRANTEE may quietly enjoy the Easement for
the uses herein stated. In addition, GRANTOR hereby warrants and represents it has no knowledge
of the existence of past or present production, storage, treatment or disposal of any toxic or
hazardous waste or substance, or of hazardous/toxic waste contamination conditions applicable to
either the Easement or the Property.
(f) NOTWITHSTANDING ANY PROVISION OF THIS EASEMENT TO THE
CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR
CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT
NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF ANY OTHER THIRD PARTIES,
OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT
LIABILITY.
(g) GRANTEE hereby agrees to save and hold harmless the GRANTOR from and
against any and all claims, demands, or causes of action of whatever nature, asserted by others which
are caused by or arise in any manner out of acts or omissions of GRANTEE, its employees, or any
other persons acting under its control, in the use and occupancy of the Easement herein granted.
TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights
and appurtenances thereto belonging, unto GRANTEE, its successors and assigns, forever, and
GRANTOR does hereby bind its self, and its heirs and assigns, to warrant and forever defend all
EQUIPMENT STATION W/UNDERGROUND LINES — MISSOURI
Ver.5.09
and singular the Easement unto GRANTEE and its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof.
SIGNED AND EXECUTED this day of September, 2012.
ATTEST:
By:
Sarah Wagner, Secretary
STATE OF MISSOURI )
SS
COUNTY OF PLATTE )
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI
By:
Pamela J. Darata, President
ACKNOWLEDGEMENT
ON THIS day of September, 2012, before me, the undersigned, a Notary Public in and for
said County and state, personally appeared Pamela J. Darata, to me personally known, who being by me
duly sworn, did say that she is the President of The Industrial Development Authority of the City of
Riverside, Missouri, a public corporation duly organized and existing under the laws of the state of
Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said
instrument was signed and sealed in behalf of said Authority by free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year first
above written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
EQUIPMENT STATION W/UNDERGROUND LINES — MISSOURI
Ver.5.09
ORS
1 "=20'
0 10' 20'
Lot 1
Exhibit A
AT&T Easement
North Line,
Lot 2-\
• ▪ N
0
Cn QJ J
o•,
Existing SSA
35' a Lot 2
t Ex. 20' A/E —I
A part of Lot 2, REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST
PLAT, a subdivision in the City of Riverside, Platte County, Missouri, more
particularly described as follows:
The East 15.00 feet of the West 35.00 feet of South 15.00 feet of the North 39.00
feet of said Lot 2, containing 225 square feet.
Rendfssdnce nfrdstructure
ucture
Consu fin: R° ° C,
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com