HomeMy WebLinkAbout1889 Determining and Declaring the Necessity of AquiringPublic EasementsBILL NO.2022-067 ORDINANCE NO. )�
AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY OF
ACQUIRING FOR PUBLIC USE CERTAIN EASEMENTS IN REAL PROPERTY FOR
PUBLIC IMPROVEMENTS ASSOCIATED WITH THE VIVION ROAD TRAIL
IMPROVEMENT PROJECT; AUTHORIZING THE CITY ADMINISTRATOR AND
HIS DESIGNEES TO NEGOTIATE FOR THE PURPOSE OF ACQUIRING THE
NECESSARY INTERESTS IN REAL PROPERTY; AND AUTHORIZING THE CITY
ATTORNEY AND HIS DESIGNEES TO INSTITUTE CONDEMNATION
PROCEEDINGS IF SUCH INTERESTS IN REAL PROPERTY CANNOT BE
ACQUIRED BY PURCHASE THROUGH GOOD FAITH NEGOTIATIONS.
WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, pursuant to the
advice and recommendation of the Capital Projects and Parks Manager, deems it necessary,
desirable, advisable and in the public interest to obtain easements for the purpose of the Vivion
Road Trail Improvement Project under, over, upon, across and through certain tracts within
Riverside, Platte County, Missouri; and
WHEREAS, the City has the authority by virtue of Chapter 67 (Sections 67.750-.780),
Chapter 88 (Section 88.667) and Chapter 523 of the Revised Statutes of Missouri to acquire
private property and property interests by condemnation proceedings for any public or municipal
use, including the uses or purposes stated herein.
.NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, as follows:
SECTION 1: It is hereby found, determined and declared that it is necessary and in the
public interest for the public purpose of constructing the Vivion Road Trail Improvement Project
in the City of Riverside, pursuant to plans and specifications on file with the Capital Projects and
Parks Manager, to acquire, by purchase or condemnation proceedings, the easements in the lands
as set forth and legally described in Exhibit A attached hereto and incorporated herein as if fully
set out.
SECTION 2: That the City Administrator and his designees are hereby authorized to
negotiate with the owners of property herein described for the purpose of acquiring said
easements, and to offer in writing an amount not less than that amount reflected in an appraisal
performed by a state -licensed or state -certified real estate appraiser.
SECTION 3: That the City Administrator and his designees are hereby authorized to
execute necessary documents to pay and disburse funds to property owners, others holding
property rights, and escrow agents pursuant to negotiated agreements associated with acquisition
of said easements.
SECTION 4: That, in the event of failure following good faith negotiations to reach
agreement on the amount of compensation to be paid for the acquisition of said easements, the
City Attorney and his designees are hereby authorized and directed to institute condemnation
proceedings for the purpose of acquiring said easements in the manner provided for by law.
SECTION 5: This ordinance shall be in full force and effect from and after its passage
and approval by the Mayor and Board of Aldertnen.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of the Boar4 of Aldermen and approved by the Mayor of the City of
Riverside, Missouri, thisa& day of 6 C. 2022.
qis
ea
'ATTEST,
Robir{ Kinc2id..-CiiXClefk
ka&mn L. Rose, Mayor
EXHIBIT A
Tract 1
Donald D. Alexander and Faye L. Alexander, husband and wife a/k/a Donald Alexander and
Faye Alexander, husband and wife
Temporary Construction Easement
A 5 feet wide strip of land being a portion of Tracts 1 and 2 as described as set forth in
the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for Platte County,
Missouri as Instrument No. 2021015586 in Book 1362 at Page 870, said Tracts of land being
situated in the Northeast Quarter of Section 4, Township 50 North, Range 33 West in the City of
Riverside, in said County and State. Said 5 feet wide strip of land being now more particularly
described as follows:
Beginning at the intersection of the South line of Tract 1 of the aforesaid Missouri
Warranty Deed with the Westerly right-of-way line of NW St. Joe Boulevard as now established,
said point being 841.5 feet South of the North line of the Northeast Quarter of aforesaid Section
4 as measured perpendicular to the North line thereof; thence N 31036'37" E along the Westerly
right-of-way line of said NW St. Joe Boulevard, a distance of 18.97 feet; thence Northeasterly
along a curve to the left, continuing along the Westerly right-of-way line of said NW St. Joe
Boulevard, said curve having an initial tangent bearing of 30008'53" E, a radius of 2,048.22
feet and a central angle of 5°27'34", an arc length of 195.17 feet; thence N 65018'42" W
departing from the Westerly rightof--way line of said NW St. Joe Boulevard, a distance of 5.00
feet; thence Southwesterly along a curve to the right, said curve being 5.00 feet Westerly of and
parallel with the Westerly right-of-way line of said NW St. Joe Boulevard and having an initial
tangent bearing of S 24041' 18" W, a radius of 2,043.22 feet and a central angle of 5°27'28", an
arc length of 194.63 feet thence S 31 °36'37" W, not tangent to the last described curve and
continuing along a line 5.00 feet Westerly of and parallel with the Westerly right-of-way line of
said NW St. Joe Boulevard, a distance of 21.94 feet to a point on the South line of Tract 1 of said
Missouri Warranty Deed; thence S 89036'37" E along the South line of Tract 1 of said Missouri
Warranty Deed, a distance of 5.85 feet to the Point of Beginning. This description having been
prepared by Steven R. Whitaker, Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate /
License No. 2012009395
Containing 1,077 square feet, more or less.
The basis of bearing for this description are based on the Missouri State Plane Coordinate
System, NAD 83, West Zone.
EXHIBIT A
i7
&
5�
DOC. 2021015586 3'23
BK 1362 PG 870
N6578'42'W
500'
5.00'
/ 15 O�
/ c.
TRACT 1
DOC. 2021015586
SK 1362 PG 870
Is
5. UAE e
OOC.202100586
BK. lJ6PG.8702 PG. B70 `
4005019220?'�=
5� - 4 �Zz
n
N
NORTH
0 25 50
(IN FEET)
i inch = 50 R
�^
ALEJ(ANO
ENGINEER T
BY
II'%"�"'
IL
VIVION TRAILS
M.EBLER J.Oft.
BURNS
a
irw sN,s sE,m REHVORS
EASEMENT
%RWYCR CREW CHIEF
MSCLURE'"""'.,
I
&. �1fi
KANSAS CITY
SWHITAKER
I I
» .n.immm
MISSOURI
VETCH NO.
COP:10l}p04J95
20135M70
making lives bener.
E IREs: AIX%. Xw
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EXH-01
Tract 2
Riverside Holdings, LLC
Temoom" Construction Easement
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Missouri Corporation Warranty Deed filed in the Office of the Recorder of Deeds
for said County and State as Document No. 2014005759 in Book 1228 at Page 792, said variable
width strip of land being situated in the Northeast Quarter of Section 4 and in the Fractional
Northwest Quarter of Section 3, all in Township 50 North, Range 33 West and being now more
particularly described as follows:
Beginning at intersection of the common line of the East line of the Northeast Quarter of
aforesaid Section 4 and the West line of the Fractional Northwest Quarter of aforesaid Section 3
with the Southerly right-of-way line of Vivion Road (U.S. Highway Route 69) as now
established 40 feet South of the centerline of said Vivion Road as measured perpendicular to the
centerline thereof, said point being 245.89 feet South of the Northeast comer of the Northeast
Quarter of said Section 4; thence S00023'23"W along the East line of the tract of land described
in aforesaid Missouri Corporation Warranty Deed, Document No. 2014005759 being also along
the East line of said Section 4, a distance of 19.51 feet to a point 18.00 feet South of the
Southerly right -of --way line of said Vivion Road; thence S 67044' 14" W along a line 18.00 feet
South of and parallel with the Southerly right-of-way line of said Vivion Road, a distance of
52.37 feet; thence N22015'46"W, perpendicular to the last described course, a distance of 13.00
feet to a point 5.00 feet South of the Southerly right-of-way line of said Vivion Road as
measured perpendicular to the Southerly right-of-way line thereof; thence S67o44' 14"W, along a
line 5.00 feet South of and parallel with the Southerly right-of-way line of said Vivion Road, a
distance of 44.90 feet; thence N20003'02"W, 2.80 feet; thence S68041'19"W, 110.06 feet; thence
S07°45'23"E, 8.61 feet; thence S61 °32'56"W, 151.42 feet to a point 15.00 feet Easterly of the
Easterly right-of-way line of NW St. Joe Boulevard as now established, as measured
perpendicular to the Easterly right-of-way line thereof; thence S15013'15"W along a line 15.00
feet Easterly of and parallel with Easterly right-of-way line of said NW St. Joe Boulevard, a
distance of 32.48 feet; thence N74046'45"W, perpendicular to the last described course, a
distance of 15.00 feet to a point on the Easterly right-of-way line of said NW St. Joe Boulevard,
being also a point on the Westerly line of the tract of land described in said Missouri Corporation
Warranty Deed, Document No. 2014005759; thence NJ 5013'15"E along the Easterly right-of-
way line of said NW St. Joe Boulevard being also along the Westerly line of the tract of land
described in said Missouri Corporation Warranty Deed, Document No. 2014005759, a distance
of 30.93 feet; thence N65021' 14"E departing from the Easterly right-of-way of said NW St. Joe
Boulevard and the West line of the tract of land described in said Corporation Warranty Deed, a
distance of 18.73 feet; thence N65035'43"E, 54.25 feet; thence N61 °42'07"E, 1.76 feet; thence
N57o5 P 16"E, 82.29 feet to a point on the Southerly right-of-way line of said Vivion Road as
now established 40 feet South of the centerline of said Vivion Road as measured perpendicular
to the centerline thereof, being also a point on the Northerly line of the tract of land described in
said Missouri Corporation Warranty Deed, Document No. 2014005759; thence N 67044' 14" E
along said Southerly right-of-way line, being also along the Northerly line of the tract of land
described in said Missouri Corporation Warranty Deed, Document No. 2014005759, a distance
of a distance of 224.53 feet to the Point of Beginning. This description having been prepared by
Steven R. Whitaker, Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate / License No.
2012009395
Containing 2,297 square feet, more or less.
ALSO the Temporary Construction Easement described as follows:
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Missouri Corporation Warranty Deed filed in the Office of the Recorder of Deeds
for said County and State as Document No. 2014005759 in Book 1228 at Page 792, said variable
width strip of land being situated in the Northeast Quarter of Section 4, Township 50 North,
Range 33 West and being now more particularly described as follows:
Commencing at intersection of the East line of the Northeast Quarter of aforesaid Section
4 with the Southerly right-of-way line of Vivion Road (U.S. Highway Route 69) as now
established 40 feet South of the centerline of said Vivion Road as measured perpendicular to the
centerline thereof, said point being 245.89 feet South of the Northeast comer of the Northeast
Quarter of said Section 4; thence S67044' 14"W along said Southerly right-of-way line, being
also along a line 40 feet South of and parallel with the centerline of said Vivion Road and along
the Northerly line of the tract of land described in said Missouri Corporation Warranty Deed, a
distance of 282.94 feet to the Point of Beginning of the variable width strip of land to be herein
described; thence continuing S67044' 14"W along the last described course, a distance of 61.70
feet to a jog in the Southerly right-of-way line of said Vivion Road and the Northerly line of the
tract of land described in said Missouri Corporation Warranty Deed; thence S22015'46"E along a
jog in said Southerly right-of-way line, being also along a jog in the tract of land described in
said Missouri Corporation Warranty Deed, perpendicular to the last described course, a distance
of 5.69 feet; thence N65035'36"E, departing from the Southerly right-of-way line of said Vivion
Road and the Northerly line of the tract of land described in said Missouri Corporation Warranty
Deed, a distance of 36.93 feet; thence N57052'24"E, 25.16 feet to the Point of Beginning. This
description having been prepared by Steven R. Whitaker, Missouri, P.L.S. No. 2005019220.
MEC Corporate Certificate / License No. 2012009395
Containing 238 square feet, more or less.
The basis of the bearings for each of these descriptions is the Missouri State Plane Coordinate
System, NAD 83, West Zone.
Tract 2
Riverside Holdings, LLC
Trail Easement
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Missouri Corporation Warranty Deed filed in the Office of the Recorder of Deeds
for said County and State as Document No. 2014005759 in Book 1228 at Page 792, said variable
width strip of land being situated in the Northeast Quarter of Section 4, Township 50 North,
Range 33 West and being now more particularly described as follows:
Commencing at intersection of the East line of the Northeast Quarter of aforesaid Section
4 with the Southerly right-of-way line of Vivion Road (U.S. Highway Route 69) as now
established 40 feet South of the centerline of said Vivion Road as measured perpendicular to the
centerline thereof, said point being 245.89 feet South of the Northeast comer of the Northeast
Quarter of said Section 4; thence S 67c44' 14" W along said Southerly right-of-way line, being
also along a line 40 feet South of and parallel with the centerline of said Vivion Road and along
the Northerly line of the tract of land described in said Missouri Corporation Warranty Deed, a
distance of 224.53 feet to the Point of Beginning of the variable width tract of land to be herein
described; thence continuing S 67044' 14" W along the last described course, a distance of 58.41
feet; thence S57052'24"W, departing from Southerly right-of-way line of said Vivion Road and
the Northerly line of the tract of land described in said Missouri Corporation Warranty Deed, a
distance of 25.16 feet; thence S65035'36"W, 36.93 feet to a point on the jog in the Southerly
right-of-way line of said Vivion Road and the Northerly line of the tract of land described in said
Missouri Corporation Warranty Deed; thence S22015'46"E along ajog in said Southerly right-
of-way line and along a jog in the Northerly line of the tract of land described in said Missouri
Corporation Warranty Deed, a distance of 4.31 feet to a point 50 feet South of the centerline of
said Vivion Road as measured perpendicular to the centerline thereof; thence S 67044' 14" W
along said Southerly right-of-way line, being also along a line 50 feet South of and parallel with
the centerline of said Vivion Road and along the Northerly line of the tract of land described in
said Missouri Corporation Warranty Deed, a distance of 31.11 feet to a point on the Easterly
right-of-way line of NW St. Joe Boulevard as now established, being also a point on the
Westerly line of the tract of land described in said Missouri Corporation Warranty Deed; thence
S15c13' 15"W along said Easterly right-of-way line, being also along the Westerly line of the
tract of land described in said Missouri Corporation Warranty Deed, a distance of 7.49 feet;
thence N65c21' 14"E departing from the Easterly right-of-way of said NW St. Joe Boulevard and
the West line of the tract of land described in said Missouri Corporation Warranty Deed, a
distance of 18.73 feet; thence N65c35'43"E, 54.25 feet; thence N61 c42'07"E, 1.76 feet; thence
N57.51' l6"E, 82.29 feet to the Point of Beginning. This description having been prepared by
Steven R. Whitaker, Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate / License No.
2012009395
Containing 1,109 square feet, more or less.
RY CONSTRUCTION EASEMENT
F \
S�cC Rq�
�w
POINT OF BEGINNING -
7E'W.. CONST. ESMT.
POINT 245.89' SOU7N
OI" 7NE ME COI2
SEC 4-T5QV-R33W
290501922l ; '-�Wn
l ,IANQ S �
� . l A ZoLZ
line Table
Line
Dinx*on
Length
pre#
Diradion
Length
LI
S00'23'23'W
19.51'
L11
NIS-13.15-E
30.97
L2
567'44'14V
52.3T
L12
N65'21'14'E
18.73'
L3
NU'15'46V
13.00'
L13
N65'3543'E
54.25'
L4
WW14V
44.9P
L14
N61*42'WE
1.76'
US
N20'03'02"W
2.80'
L15
N57'51'16'E
8229'
L6
S68'41'19V
11006'
L16
1,167'44'14'E
224.53'
L7
SW4523'E
8.61-
L17
S67'4P14V
61.70'
L8
S61'32'S6V
151AT
L18
S22-1546-E
5.69'
L9
S15-13'15Y
32.48'
L19
N65'35'36'E
36.93'
1-10
N74-46.45V
15.W
L20
NSP52'24'E
25AS'
4E. LINE
W 122% PG 792
O� C N =
NGf
S,/,'1nZ7p p NORTH
a
"a$ o w 100
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RIVERSIDE HOLDINGS, LLCI
ENGINEER DR AMN Br
'0:
—
VIVION TRAILS
M.EBLEN J.ELAM TE
R
Tao s.nsve.I sTE 1ao REnsloNs
EASEMENT
SURWITIR C cNIEE
3
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MISSOURI
SKETCH N0.
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coA. mlzoaaass
E.RIRIiS %N.%. %%%%
'L01`35"70
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EXH-02
PERMANENT TRAIL EASEMEN
SEG'�
POINT OF COMMENCING
ANT 24� P69' SOUTH I /
�5 OF THE NE COR.
SSG. A• SEC. 4-750.4-R33W J\�\pNRpPO
d+pD 40
5575224'W
25. 16' NON GZ 3
5657576'W �Mya'W 2�a•53, z�'
36.93' 587' NE d
52275561E N ��.8. ppt\ iEO
4.31' 58,a1 6K.O 7g2 GOp.PONti O NO.
POINT OF P ,NPR�M 0°
E
/ �5p BEGINMNG OTp\50\N pS
/5674431 ill N5751Y6'E oaP �Epe
62.29' 0 pG
51573Y5'W N6!'42b7E
7.49' j 1.76' q3
Ni N553.5431E T`n
16.73' 54.25' t\O� a �j
K ,gyp
a �O G'ON�lpeg
S'tp0�0yyN N I�
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/ RIVERSIDE HOLDING ENGINEER DRAWN BY
VIVION TRAILS M.EBLEN J.BURNETTE
IF. ATE coo REMSIONS EASEMENT SURVEYOR CREW CHIEF
91 MOC L U R En nn ems�,�s.mia+" mire KANSAS CITY S.WHITAKER
IE ""�" " `A"' MISSOURI SKETCH NO
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making lives better mwes . Exxx. 201353 070JULY 17, 2022 EXH-01
Tract 3
Riverside Holdings, Inc.
Temporary Construction Easement
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Corporation Warranty Deed filed in said Office of the Recorder of Deeds as
Document No. 2015010380 in Book 1248 at Page 48, said variable width strip of land being
situated in the Northeast Quarter of Section 4 and in the Fractional Northwest Quarter of Section
3, all in Township 50 North, Range 33 West and being now more particularly described as
follows:
Beginning at intersection of the common line of the East line of the Northeast Quarter of
aforesaid Section 4 and the West line of the Fractional Northwest Quarter of aforesaid Section 3
with the Southerly right-of-way line of Vivion Road (U.S. Highway Route 69) as now
established 40 feet South of the centerline of said Vivion Road as measured perpendicular to the
centerline thereof, said point being 245.89 feet South of the Northeast comer of the Northeast
Quarter of said Section 4; thence N67o44' 14"E along said Southerly right-of-way line, being
also along a line 40 feet South of and parallel with the centerline of said Vivion Road and along
the Northerly line of the tract of land described in aforesaid Corporation Warranty Deed,
Document No. 2015010380, a distance of 420.72 feet to the Northeast corner of the tract of land
described in said Corporation Warranty Deed, Document No. 2015010380; thence S00015'05"W
along the East line of the tract of land described in said Corporation Warranty Deed, Document
No. 2015010380, departing from the Southerly right-of-way line of said Vivion Road, a distance
of 15.02 feet; thence S67045'01"W, departing from the East line of the tract of land described in
said Corporation Warranty Deed, Document No. 2015010380, a distance of 1.54 feet; thence
N22.15-5I "W, 7.00 feet; thence S67044'09"W, perpendicular to the last described course, a
distance of 28.47 feet; thence N22015'S1 "W, perpendicular to the last described course, a
distance of 3A6 feet; thence S67044'09"W, perpendicular to the last described course, a distance
of 89.33 feet; thence S22015'5I "E, perpendicular to the last described course, a distance of 7.46
feet; thence S67044'09"W, perpendicular to the last described course, a distance of 156.16 feet;
thence S22015'51 "E, perpendicular to the last described course, a distance of 7.24 feet to a point
18.00 feet South of the Southerly right-of-way line of said Vivion Road as measured
perpendicular to the Southerly right-of-way line thereof; thence S 67044' 14" W along a line
18.00 feet South of and parallel with the Southerly right-of-way line of said Vivion Road, a
distance of 199.38 feet to a point on the West line of the tract of land described in said
Corporation Warranty Deed, Document No. 2015010380; thence N00023'23"E along the West
line of the tract of land described in said Corporation Warranty Deed, Document No.
2015010380, a distance of 19.51 feet to the Point of Beginning. This description having been
prepared by Steven R. Whitaker, Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate /
License No. 2012009395
Containing 4,811 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT
1
0
F
sFc �c
I T�NR tq
POINT OF BE67NNMI6
7ENP. CONST. ESN7
POINT 245.89'sOuin
OF THE NE COA
S£C. (--T50N-R33N
E. Uili�
SEC 4-T50N-R33W
I
I sF� e NF
/8 ZoZZ
Une TaWe
Line#
Direction
Length
L1
NBr44'14'E
420172'
L2
S00'15115"W
15.02
L3
S8r45n1RN
1.54'
L4
N2215'S1W
TW
L5
S6r"V9"W
28.47'
L6
N22'15'51'10
3.46'
L7
S67'44'09RN
89.33'
LB
S22-15.51-E
746'
L9
567'44'09"W
156.16'
1.10
S22-15.51"E
7.24'
1.11
S67Y4'14"
199.38'
L12
N00-23.2rE
19.51'
RN
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Rol%
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TCigte�,y2
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NORTH
0 55�001100
(INLJ
1 inch = 100 #.
RIVERSIDE HOLDINGS, NG
ENGINEER DRAWN BY
VIVION TRAILS
M.EBLEN J. BURNETTE
1700 SN11 Eveei, STE iCO REVISIONS
EASEMENT
SURVEYOR CREW CHIEF
u MCL' L U R E"
semi'�sma'e i161'�s
KANSAS CITY
S.WHITAKER
°'�°'"
MISSOURI
SKETCH N0.
C. M10g93ss
201353-070
EXH-01
making lives be8er.
E(PRES... vx.v
AUGUST 16, 2022
Tract 4
Nich Associates, L.L.C., a Missouri limited liability company
Temporary Construction Easement
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Missouri Warranty Deed filed in the Office of the Recorder of Deeds for said
County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the
Fractional Southwest Quarter of Section 34, Township 51 North, Range 33 West and the
Fractional Northwest Quarter of Section 3, Township 50 North, Range 33 West. Said variable
width strip of land being now more particularly described as follows:
Commencing at the Northeast Comer of the Fractional Northwest Quarter of aforesaid
Section 3, being also the Southeast comer of the Fractional Southwest Quarter of aforesaid
Section 34; thence N 00027'28" E along the East line of the tract of land described in the
aforesaid Missouri Warranty Deed, being also along the East line of the Fractional Southwest
Quarter said Section 34, a distance of 114.29 feet to a point on the Southerly right-of-way line of
aforesaid Vivion Road and being also the Northeast Corner of the tract of land described in said
Missouri Warranty Deed; thence S 67044' 14" W along said Southerly right-of-way line, being
also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along
the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of
179.27 feet to the Point of Beginning of the variable width strip of land to be herein described;
thence continuing S 67°44' 14" W along the last described course, a distance of 98.18 feet to a
jog in said Southerly right-of-way line; thence N 22015'46" W along ajog in said Southerly
right-of-way line, being also along the Northerly line of the tract of land described in said
Missouri Warranty Deed, a distance of 6.55 feet; thence S 68044'02" W departing from the
North line of the tract of land described in said Missouri Warranty Deed and the Southerly right-
of-way line of said Vivion Road, a distance of 97.83; thence S 68057'03" W, a distance of 82.55
feet to a point on the Southerly right-of-way line of said Vivion Road, said point being 40 feet
South of the centerline of said Vivion Road as measured perpendicular to the centerline thereof
and being also a point on the Northerly line of the tract of land described in said Missouri
Warranty Deed; thence S 67044'14" W along said Southerly right-of-way line, being along a line
40 feet South of and parallel with the centerline of said Vivion Road and along the Northerly line
of the tract of land described in said Missouri Warranty Deed, a distance of 54.33 to the
Northwest comer of the tract of land described in said Missouri Warranty Deed thence S
00015'05" W along the West line of the tract of land described in said Missouri Warranty Deed,
departing from said Southerly right-of-way line, a distance of 15.02 feet; thence N 67045'01" E,
departing from the West line of the tract of land described in said Missouri Warranty Deed, a
distance of 188.01 feet; thence S 22019'02" E, 40.07 feet; thence N 67040'58" E perpendicular
to the last described course, a distance of 100.00 feet; thence N 22019'02" W perpendicular to
the last described course, a distance of 18.83 feet; thence N 67040'58" E perpendicular to the last
described course, a distance of 50.68 feet; thence N 22030'41" W, 25.02 feet to the Point of
Beginning. This description having been prepared by Steven R. Whitaker, Missouri, P.L.S. No
2005019220. MEC Corporate Certificate / License No. 2012009395.
Containing 8,433 square feet, more or less.
ALSO The Following Described Temoorary Construction Easement
A tract of land lying South of and coincident with the Southerly right-of-way line of
Vivion Road as now established, said tract of land being located in the City of Riverside, Platte
County, Missouri and being a portion of the tract of land described as set forth in the Missouri
Warranty Deed filed in the Office of the Recorder of Deeds for said County and State as
Document No. 0015311 in Book 0977 at Page 0293 and being situated in the Fractional
Southwest Quarter of Section 34, Township 51 North, Range 33 West. Said tract of land being
now more particularly described as follows:
Commencing at the Southeast Comer of the Fractional Southwest Quarter of aforesaid
Section 34, thence N 00027'28" E along the East line of the tract of land described in aforesaid
Missouri Warranty Deed, being also along the East line of the Fractional Southwest Quarter said
Section 34, a distance of 87.13 feet to the Point of Beginning of the tract of land to be herein
described; thence continuing N OW27'28" E along the last described course, a distance of 27.16
feet to a point on the Southerly right-of-way line of aforesaid Vivion Road and being also the
Northeast Corner of the tract of land described in said Missouri Warranty Deed; thence S
67044' 14" W along said Southerly right-of-way line, being along a line 50 feet South of and
parallel with the centerline of said Vivion Road and along the Northerly line of the tract of land
described in said Missouri Warranty Deed, a distance of 23.04 feet; thence S 22014'20" E,
departing from said Southerly right-of-way line and the Northerly line of the tract of land
described in said Missouri Warranty Deed, a distance of 25.05 feet; thence N 67044'52" E, 12.56
feet to the Point of Beginning. This description having been prepared by Steven R. Whitaker,
Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate / License No. 2012009395.
Containing 446_square feet, more or less.
The basis of the bearings for each of these descriptions is the Missouri State Plane Coordinate
System, NAD 83, West Zone.
Tract 4
Nich Associates, L.L.C., a Missouri limited liability company
Trail Easement
A variable width strip of land lying South of and coincident with the Southerly right-of-
way line of Vivion Road as now established, said variable width strip of land being located in the
City of Riverside, Platte County, Missouri and being a portion of the tract of land described as
set forth in the Missouri Warranty Deed Fled in the Office of the Recorder of Deeds for said
County and State as Document No. 0015311 in Book 0977 at Page 0293 and being situated in the
Fractional Southwest Quarter of Section 34, Township 51 North, Range 33 West and the
Fractional Northwest Quarter of Section 3, Township 50 North, Range 33 West. Said variable
width strip of land being now more particularly described as follows:
Commencing at the Northeast Comer of the Fractional Northwest Quarter of aforesaid
Section 3, being also the Southeast corner of the Fractional Southwest Quarter of aforesaid
Section 34; thence N 00027'28" E along the East line of the tract of land described in the
aforesaid Missouri Warranty Deed, being also along the East line of the Fractional Southwest
Quarter said Section 34, a distance of 114.29 feet to a point on the Southerly right-of-way line of
aforesaid Vivion Road and being also the Northeast Comer of the tract of land described in said
Missouri Warranty Deed; thence S 67044' 14" W along said Southerly right-of-way line, being
also along a line 50 feet South of and parallel with the centerline of said Vivion Road and along
the Northerly line of the tract of land described in said Missouri Warranty Deed, a distance of
277.45 feet to ajog in said Southerly right-of-way line; thence N 22015'46" W along a jog in
said Southerly right-of-way line, being also along the Northerly line of the tract of land described
in said Missouri Warranty Deed, a distance of 6.55 feet to the Point of Beginning of the variable
width strip of land to be herein described; thence continuing N 22015'46" W along the last
described course, a distance of 3.45 feet to a point 40 feet South of the centerline of said Vivion
Road as measured perpendicular to the centerline thereof; thence S 67044' 14" W along said
Southerly right -of --way line, being also along a line 40 feet South of and parallel with the
centerline of said Vivion Road and along the Northerly line of the tract of land described in said
Missouri Warranty Deed, a distance of 180.34 feet; thence N 68°57'03" E departing from the
Northerly line of the tract of land described in said Missouri Warranty Deed and the Southerly
right-of-way line of said Vivion Road, a distance of 82.55 feet; thence N 68°44'02" E, 97.83 feet
to the Point of Beginning. This description having been prepared by Steven R. Whitaker,
Missouri, P.L.S. No. 2005019220. MEC Corporate Certificate / License No. 2012009395.
Containing 326 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT
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making lives eerier. ECGIRES XXXX.x JULY 11 2022 EXH-01