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Home My WebLink AboutR-2023-155 Authorizing Approval of the Encroachment Agreement w/Magellan Pipeline Co for the Vivion Rd Trail RESOLUTION NO. R-2023-155 A RESOLUTION AUTHORIZING APPROVAL OF THE ENCROACHMENT AGREEMENT WITH MAGELLAN PIPELINE COMPANY FOR THE VIVION RD TRAIL BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen hereby approves the attached Encroachment Agreement with Magellan Pipeline Company, LP, and authorizes the Mayor to sign on the City's behalf; and FURTHER THAT the City of Riverside will require the Vivion Rd Trail construction contractor to provide the required insurance noted in the encroachment agreement; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized; and FURTHER THAT this Resolution shall be in full force and effect from and after its passage and approval. ADOPTED AND PASSED this 17th day of October 2023. • ••• •• 4 )i)611a7 .* • . .'3 ' Mayor Kathleen L. Rose ATT S A. r • ri • y.♦ Robin`Kincaid., ity Clerk 1 Recorded In Platte County, M issouri 1111111111111111111111111111111111111111111111111111 Recording Date/Time: 10/22/2024 at Book: 1411 Page: 561 lniatr #: 2D24D1D707 Pages: 49 Fee: $190.00 N 20240010080 MAGELLAN PIPELINE CO 11:38:46 AM ,,,,,,,,,,,~ ,,•' .. i;iEII DF0',,, ,, O".•" ••• ~ '• ,,~~·· ·· .. ~~ ~4::: •.Cl>~ [;i_ )i} -:."=:);. ..~, "=;.-~~· ~ .. ~/ .......... OUNT'C I ,., ""'''""''··· Christopher L. Wright Recorder of Deeds PLATTE COUNTY MISSOURI CERTIFICATION RECORDER OF DEEDS NON-STANDARD DOCUMENT The Recorder of Deeds has added this page to your document per compliance with State law under Exempt Status. RSMo 59.310.4 (effective January 1, 2002) Christopher L. W right Recorder of Deeds 415 Th ird St., Suite 70 Platte City, MO 64079 This Page is Part Of The Document - Do Not Detach Book 1411 Page 561 RECORDING COVER SHEET DOCUMENT TITLE: DOCUMENT DATE: GRANTOR: GRANTEE: ENCROACHMENT AGREEMENT 11-3-2023 MAGELLAN PIPELINE COMPANY, LP. THE CITY OF RIVERSIDE, MISSOURI GRANTEE'S ADDRESS: 2950 NW VIVION ROAD RIVERSIDE, MISSOURI 64150 LEGAL DESCRIPTION : A PORTION OF THE NE/4 SEC. 4-T50N-R33W Book 1411 Page 561 (Drafted by & when filed return to: Magellan Midstream Partners, LP, Attn: Real Estate Services (S. Guthrie), One Williams Center, MD OTC-9, Tulsa, Oklahoma 74172, (918) 574-7350) ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into by and between Magellan Pipeline Company, LP, a Delaware limited partnership, with offices at One Williams Center, Attn: Real Estate Services, MD OTC-9, Tulsa, Oklahoma 74172 ("Magellan"), and the City of Riverside, Missouri, a municipal corporation, whose mailing address is 2950 NW Vivion Road, Riverside, Missouri 64150, its heirs, successors, assigns and grantees ("Encroaching Party"). WHEREAS, the Encroaching Party holds fee title or other rights in certain land ("Encroaching Party's Land"), per the Trail Easement executed on the 7th day of March, 2023, and recorded in the records of Platte County, Missouri on the 10th day of March, 2023 in Book 1390 at Page 562, and the Temporary Construction Easement executed on the 7th day of March, 2023, and recorded in the records of Platte County, Missouri on the I 0th day of March, 2023 in Book 1390 at Page 563, both documents attached hereto as Exhibit "A". WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances ("Magellan Facilities") and easement rights therefor, whether or not rights were granted in one or more documents or acquired by operation of law (the "Easement") that burden Encroaching Patty's Land; and WHEREAS, the land referenced in the Easement includes a portion of the Northeast Quarter of Section 4, Township 50 North, Range 33 West, Platte County, Missouri, pursuant to those ce1tain instruments recorded in the records of said county and state and described as follows (and as further defined below): That certain Right of Way Agreement filed for record in the office of the Recorder of Deeds of Platte County, Missouri, in Book I 09 at Page 65 on the 14th day of January, I 931, and that certain Right of Way Agreement filed for record in the office of the Recorder of Deeds of Platte County, Missouri in Book 112 at Page 128 on the 23rd day of May, 1932; and WHEREAS, Magellan is willing to allow certain Approved Encroachments (as defined below) on Magellan's Easement Tract requested by Encroaching Party. NOW THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: { 00 I 04034.2} Encroachment Agreement Rev 6July2023 - Tract 1205, Platte County, MO - Agent TC Book 1411 Page 561 I. Definitions. a. "Encroachment" is defined as any use of the land within Magellan's Easement Tract by someone other than Magellan, which could interfere with Magellan's Easement rights or could create safety concerns related to Magellan's Facilities as more fully described in Magellan's General Encroachment Requirements as set forth in attached Exhibit "B" and incorporated herein by reference. b. "Approved Encroachments" are defined below in Section 2. c. "Magellan's Easement Tract," for purposes of this Agreement only, is any area within Fifty (50) feet of any Magellan Facilities, unless otherwise specifically described in the Easement. 2. Approved Encroachments. The Approved Encroachments shall be limited to the following specified plan drawings, which were furnished by Encroaching Party to Magellan ("Plan Drawings") and attached hereto as Exhibit "C": a. Cjty of Riverside, MO - Vivion Road Trail Segment I, Typical Section - Quantities, Drawing No. 3 of 26, on project number 201353-060, submitted by McClure Engineering Company. b. City of Riverside, MO - Vivion Road Trail Segment I, Plan and Profile, Drawing No. 5 of 26, on project number 201353-060, submitted by McClure Engineering Company. c. City of Riverside, MO - Vivion Road Trail Segment I, Plan and Profile, Drawing No. 6 of 26, on project number 201353-060, submitted by McClure Engineering Company. d. City of Riverside, MO - Vivion Road Trail Segment I, Cross Sections, Drawing No. 12 of 26, on project number 201353-060, submitted by McClure Engineering Company. e. City of Riverside, MO- Vivion Road Trail Segment 1, Cross Sections, Drawing No. 13 of 26, on project number 201353-060, submitted by McClure Engineering Company. f. City of Riverside, MO - Vivion Road Trail Segment I, Cross Sections, Drawing No. 14 of 26, on project number 201353-060, submitted by McClure Engineering Company. and further described as follows: {00104034.2) a. Trail (ESN 253+44 to 261 + 36) - The Encroaching Party proposes to construct a new 1 O' wide trail that will encroach into the Magellan Easement Tract and cross over Magellan's Facilities. The pavement section consists of6-inches of fiber reinforced concrete over a 4- inch rock base. One of Magellan's Facilities identified as the #6-12" pipeline will be under the trail for a distance of approximately 175 feet. The Encroaching Party is to ensure that there is a minimum of four feet ( 4 ') of cover from the top of Magellan's Facilities to the bottom of the trail. A Magellan representative is required to be onsite during construction 2 Encroachment Agreement Rev 6July2023 - Tract 1205, Platte County, MO - Agent TC Book 1411 Page 561 activities within the Magellan Easement Tract or within 25' of the nearest pipeline. b. Grading - Grading associated with the proposed trail is planned within Magellan's Easement Tract. The maximum amount of fill approved to be placed within Magellan's Easement Tract is three feet (3 '). A Magellan representative is required to be onsite during the grading work within Magellan's Easement Tract or within 25' of the nearest pipeline. c. Landscaping (ESN 253+44 to 261 + 36) - A one-foot wide sod strip is to be installed on each side of the trai I. 3. No Other Encroachments. Except for the Approved Encroachments, Encroaching Party shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan's Easement Tract, or change the grade or elevation of the ground surface within Magellan's Easement Tract or at any time plant or allow any trees thereon or cause or permit any of these to be done by others, without the express prior written permission of Magellan. 4. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays, Encroaching Party shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on Magellan's Easement Tract so that Magellan may arrange to have a representative present. At Magellan's option and at Encroaching Party's sole cost and expense, Magellan's representative may be on site during all Encroachment activities over or within the Magellan Easement Tract to confirm that no damage occurs to the Magellan Facilities. The presence of Magellan's representative or any verbal instructions given by such representative shall not relieve Encroaching Party of any liability under the Easement or this Agreement, and will not change the terms of the Easement or this Agreement, which may only be changed by written agreement by authorized representatives of Encroaching Party and Magellan. If pipeline coating, cathodic protection and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the Magellan Facilities is jeopardized, in Magellan's sole judgment, Encroaching Patty shall stop all construction activities on Magellan's Easement Tract until said repairs are completed or until any unsafe construction practices are resolved to the satisfaction of Magellan's on-site representative. Notification of such construction activity shall be made to the applicable state One Call system (811) and in writing to Magellan Pipeline Company, L.P., Attn: Brian Ney, 401 E. Donovan Road, Kansas City, KS 66115, Cell: 913/623-3849, or such other representative of Magellan, which Magellan may from time to time designate. 5. Protection of Magellan Facilities. Encroaching Party shall protect the Magellan Facilities if excavating and backfilling become necessary within Magellan's Easement Tract. If excavating within 2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on-site representative, Encroaching Party shall perform any necessary digging or excavation operations by hand digging. Encroaching Party shall reimburse Magellan for all reasonable costs of having a representative of Magellan on-site during construction activities related to the Approved Encroachments. 6. Breach. If either Encroaching Party or Magellan breaches this Agreement and the non-breaching party commences litigation to enforce any provisions of this Agreement, the reasonable cost of attorneys' fees and expenses will be payable to the non-breaching party by the breaching party upon demand, for all claims upon which the non-breaching party prevails. {00104034.2} 3 Encroachment Agreement Rev 6July2023 - Tract 1205, Platte County, MO - Agent TC Book 1411 Page 561 7. Insurance. Encroaching Party shall procure and maintain in force insurance coverage described below with insurance companies acceptable to Magellan for work performed related to the construction, maintenance, repair or removal of the Approved Encroachments ("Work Activities"), excluding snow removal, mowing, and other similar work at or above the surface. All costs and deductible amounts will be the responsibility and obligation of the Encroaching Party or its contractors. Prior to commencing any Work Activities, the Encroaching Party must deliver to Magellan certificate(s) of insurance with the required coverages and endorsements as set forth below. The limits set forth below are minimum limits: a. Workers' Compensation insurance complying with the laws of the State or States having jurisdiction over each employee and Employer's Liability insurance with limits of $1,000,000 per accident for bodily injury or disease. b. Commercial General Liability insurance on an occurrence form with a combined single limit of not less than $5,000,000 each occurrence; and for project specific, an annual aggregate of not less than $5,000,000. Coverage must include premises/operations, products/completed operations, blanket contractual liability and sudden and accidental pollution. The $5,000,000 minimum limit can be met by any combination of primary and umbrella policies. c. The sudden and accidental pollution requirement may be met with a separate, stand-alone policy, but must still meet the $5,000,000 minimum limit requirement. If the coverage is written on a claims-made policy form, the coverage must be maintained for two (2) years following completion of any Work Activities. d. Magellan Midstream Partners, L.P. and its Affiliates (hereinafter defined), and its and their respective directors, officers, partners, members, shareholders, employees, agents, and contractors shall be included as additional insureds on the policies described in 7(b) and 7(c). The term "Affiliate(s)" as used herein means, with respect to Magellan Midstream Partners, L.P., any individual, corporation, partnership, limited partnership, limited liability company, limited liability partnership, firm, association, joint stock company, trust, unincorporated organization, governmental body, or other entity ( collectively, a "Person") that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Magellan Midstream Partners, L.P. The term "control" (including the terms "controlled by" and "under common control with"), as used in the previous sentence means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of Magellan Midstream Partners, L.P. or such Person, as applicable, whether through ownership of voting stock, ownership interest or securities, by contract, agreement or otherwise. e. The above insurance coverages required shall apply as primary and non-contributory insurance with respect to any other insurance or self-insurance programs maintained by Magellan Midstream Partners, L.P. and its Affiliates. f. In each of the policies described in 7(a), 7(b) and 7(c), Encroaching Party agrees to waive and will require its insurers to waive any rights of subrogation or recovery either may have against Magellan Midstream Partners, L.P. and its Affiliates. g. Encroaching Party shall contractually require all of its contractors and subcontractors ("Contractors") for any Work Activities to provide adequate insurance coverage, all to be endorsed with the additional insured, waiver of subrogation and primary and non-contributory insurance {00 I 04034.2} 4 Encroachment Agreement Rev 6July2023 -Tract 1205, Platte County, MO - Agent TC Book 1 4 1 1 Page 561 endorsements in favor of Magellan Midstream Partners, L.P. and its Affiliates as required in 7(d), 7(e) and 7(f) above; any deficiency in the coverage, policy limits, or endorsements of said Contractors, shall be the sole responsibility of the Encroaching Party. h. Encroaching Party's Contractors may provide the insurance required in this Agreement in lieu of the Encroaching Party doing so provided the Encroaching Party contractually requires the Contractors to include the additional insured, waiver of subrogation and primary and non- contributory insurance endorsements in favor of Magellan Midstream Partners, L.P. and its Affiliates as required in 7(d), 7(e) and 7(f) above. i. Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of any such insurance company providing insurance for the Encroaching Party or its Contractors, or the failure of any such insurance company to pay claims that occur, such requirements, insolvency, bankruptcy or failure will not be held to waive any of the provisions hereof. j. In the event of a loss or claim arising out of or in connection with the Work Activities, the Encroaching Party agrees, upon request of Magellan, to submit a certified copy of its insurance policies for inspection by Magellan. 8. Indemnification. To the extent permitted by law, Encroaching Party will indemnify, save, and hold harmless Magellan, its Affiliates, and its and their respective directors, officers, partners, employees, agents and contractors from any and all environmental and non-environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings), judgments, decrees and orders resulting from Encroaching Party's breach of this Agreement or caused by or as a result of the construction, use, maintenance, existence or removal of the Approved Encroachments or Other Encroachments located on the Magellan Easement Tract. The presence of Magellan's representative or any instructions given by such representative will not relieve Encroaching Party of any liability under this Agreement, except to the extent that such liability results from Magellan's or its representative's gross negligence or willful misconduct. Notwithstanding any provision to the contrary, nothing in the Agreement shall constitute or be construed or deemed to constitute a waiver of the City's sovereign immunity. 9. Damage or Loss. Encroaching Party covenants that: a. If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy, utilize, move or remove all or portions of the Approved Encroachments placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing the size of a pipeiine(s) and appurtenances on Magellan's Easement Tract and such activities by Magellan result in damage to or destruction of the Approved Encroachments, then repair, replacement or restoration of such Approved Encroachments shall be at the sole cost and responsibility of Encroaching Party. {00104034.2) 5 Encroachment Agreement Rev 6July2023 - Tract 1205, Platte County, MO - Agent TC Bo o k 1411 Page 561 b. If at any time, any encroachments belonging to or permitted by Encroaching Party which are not authorized by this or another written agreement ("Other Encroachments") are found to be on Magellan's Easement Tract, Magellan may at any time request Encroaching Party to remove such Other Encroachments, and if Encroaching Party refuses or fails to do so within a reasonable time, Magellan may remove them from Magellan's Easement Tract at Encroaching Party's expense, unless they are allowed to remain by a written agreement between Magellan and Encroaching Party. Should such removal activities by Magellan result in damage to or destruction of the Other Encroachments, then repair, replacement or restoration of such Other Encroachments shall be at the sole cost and responsibility of Encroaching Party, and such Other Encroachments may not be repaired, replaced or rebuilt on Magellan's Easement Tract without a written agreement between Magellan and Encroaching Party. c. If during the exercise of the rights granted by the Easement or by this Agreement, the Approved Encroachments and Other Encroachments, if any, are damaged, destroyed or suffer loss of value, Encroaching Party agrees to release Magellan, its Affiliates, and its and their respective directors, officers, members, partners, shareholders, employees, agents and contractors from and against any and all liabilities and damages or losses which may arise as a result of the damage to or loss of use of the Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees, agents and contractors. 10. Magellan Rights. Magellan and Encroaching Party agree that nothing in this Agreement shall constitute a waiver of Magellan's rights under the Easement except as expressly provided in this Agreement with respect to the Approved Encroachments. Magellan hereby reserves and Encroaching Party hereby grants and confirms all of Magellan's rights, title and estate as set forth in the Easement. 11. Covenants Running with the Land. The terms and conditions of this Agreement are covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns and grantees. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. This Agreement shall become effective upon its complete execution by the parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the dates expressed below. MAGELLAN PIPELINE COMPANY, L.P. By Its General Partner, Magellan Pipeline GP, LLC By Its Un~Authorized Signatory: By: ll Ii CITY OF RIVERSIDE, MISSOURI By:-1-~~~~~~,--1-----=;;~~==~ Name: -L--1,,;k:,!..J·L..L.L -4,,.--''----'-1v-=--.......::.-L....>...«<..·=s:....:G=:. __ Title:_2}11.,...,_,.,_.tl-t-~l_f<-I _ Date: W-ot,ffl£ 17, -2.fl.2 3 ~~-~~--'--,,~~-~~--- { 00 I 04034.2} 6 Encroachment Agreement Rev 6July2023 -Tract 1205, Platte County, MO - Agent TC Book 1411 Page 561 ST A TE OF OKLAHOMA COUNTY OF T:U L-,JA,- ) ) ) ss Before ..bh,the undersigned, a Notary Public in and for the county and state aforesaid, on this 3/u? day of Tub , 2023 personally appeared d:6:Mt ~ , to me personally known to be the Authorized Signatory for MAGELLAN PIPELI N G~LC,a Delaware limited liability company, who being duly sworn did acknowledge to me that she executed the foregoing instrument on behalf of said limited liability company as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth. -~ .. ~ .. _, .r.~. : .. ., . - ,,,. .. __ ,.,;,_• .. ·- .,. :·m·: .· ....... --,, .... .- srA rE OF' I Sf:..C)Ul<.,J COUNTY OF]? ldE -·.,._·\•.·"'I·:).·,, ) ) ) ss Be& me, the undersigned, a Notary Public in and for the County aforesaid, on this /7'3:J-., day of .fvfo E:10 , 2023, personally appeared -KA~h\ GEt-J L • 1<o:!:i l:; to me known personally to be the ;111\<_,j ciL of, THE CITY OF RIVERSID E, MISSOURI, a municipal corporation, who being duly sworn did acknowledge to me that he/she executed the foregoing instrument on behalf of said municipal corporation, as the free and voluntary act and deed of said municipal corporation, for the uses, purposes and consideration therein set forth. My Commission Expires: {00104034.2) 7 Encroachment Agreement Rev 6July2023 - Tract 1205, Platte County, MO - Agent TC Book 14 11 Page 561 EXHIBIT A Grantor: RIVERSIDE HOLDINGS LLC Grantee: RIVERSID1E MISSOURI CITY OF Recorded in Platte County, Missouri Recording Date/Tim e: 03/10/2023 at 03:26:23 PM Instr Num ber: 2023002325 ,,,,,,,,,,,,., B 1390 11 QER Ot ,,.~ ook: Page: 562 /~o~.•·· ··-.~~;~ Tv,o: DEESMT ,,',j>~, 6 0 ~~i~iiiiiiim11m11111111m I< Ll~iuo;,. ~\~w '✓1,11141• Christopher L. Wright Recorder ol Deeds T itle of Docum ent: Date of Docum ent: G rantor(s): G rantee's N am e and Address: Legal Description: Recording Cover Sheet Trail Easement M ttP--c.t-t , __J_, 2022 Riverside Holdings, LLC 3725 N Oak Trfwy Kansas City, MO 64116 City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 See Exhibit A. After recording, please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 B o o k 1 3 9 0 P a g e 5 6 2 TRAIL EASEMENT THIS AGREEMENT, made this 1-rt-' day of MM-t\+ , 202_3 by and between Riverside Holdings, LLC, owner of the property herein described, hereinafter known as "Grantor", and the City of Riverside, Missouri, a municipal corporation, hereinafter known as "Grantee". WITNESSETH, that the Grantor, in consideration of the sum of ~ 0 ,00 Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Trail Easement over, under and through the following described real estate being and situated in the County of Platte, and the State of Missouri, to-wit: See Exhibit A. Grant of Easement for Trail Facilities Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge, repair, remove or relocate a meandering trail path, to be located within the Trail Easement; to make topographical changes within the Trail Easement for the necessity and convenience of locating the trail and to protect the trail from erosion by the use of bridges, steps, water diversion structures or special trail surface covers or other appropriate measures; to post signs marking the trail footpath; to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the Trail Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone, wood chips or paving, or other means of creating the trail surface (if any) and/or identifying the trait's path. These construction and maintenance activities may include vehicular use. Grant of Easement for Public Access Grantee shall have the right to make available to the public a perpetual easement and right-of-way over the Trail Easement and the right to use trail facilities for the purposes of walking, jogging, running, bicycling and like activities, but specifically excluding all motorized vehicles except i) as authorized by Grantee for maintenance, management, police and emergency purposes, or ii) power-driven mobility devices for use by persons who have mobility impairments. Grantee shall have the right to regulate public access to, and activities within, the Trail Easement, provided further that Grantee shall have the right to prohibit public access and use from time to time as deemed necessary by Grantee through the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the Trail Easement. No Obstruction Grantor shall not construct or place temporary or permanent buildings, gates, signage or other structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the Trail Easement Area, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations. Binding Covenant 2 B o o k 13 9 0 P a g e 5 6 2 The easement granted herein shall constitute an easement running with the land in perpetuity and shall burden the lands described above. Termination In the event that Grantee determines that the Trail Easement is no longer needed or desirable, Grantee may terminate said Easement by written release instrument duly signed by Grantee and fully acknowledged, and recorded in the land records of Platte County, Missouri. This Trail Easement may only be modified or amended by written instrument executed by the parties ( or their successors in interest) and recorded in the land records of Platte County, Missouri. IN WITNESS WHEREOF, the said Gran tor has caused these presents to be signed this± day of Ft~r .. ,,1 , 202}_. Riverside Holdings, LLC GMN~4 ~ /?-w,v,, f' e "'l''l~ 'µ Printed Name: Grantor ame OJ 0 0 A ~ -~ ,.... I-'- 11 ::i.• 3 1,LJ j[, rn O•, ►Jo B o o k 1 3 9 0 P a g e 5 6 2 CITY OF RIVERSIDE, MISSOURI: ("GRANTEE") By:(~xik ., ....... '' L ; I, .. '\ . . ,'. ' . •~, ', ': ~ r ' . ' , • • • • '.. ' . . ·(: \ .. ...:1 u Printed Name: Kathleen L. Rose Title: Mayor [I ,:, er .,. ,", I-• ~ P* f.J. iJ :» 4 ,,,:i ,t, co 1}, ""' Book 1390 Page 562 STATE OF lni~\•...,..; coUNTY or Cta,r c.r~~ -c-;L ~ ON THIS -· day of r el 7 ~~ 202..) before me personally appeared ~ -=2::20 &.,...c ../... '""" of Riven: e..-l'f oldings, LLC, to me known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. ) ) ss. ) m Cl WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office o,.. l.---/ County, the day and year last above written. 7 (SEAL) BIU!NDAD McCOY lfllelly N,1Jo .. Noc.,y 9'11 11',\l'B OF MJ SSO UII ClayCounty Mv~Bxplrea:Nowmtl«2S.2Cm C-Ommluion #19381582 Notary Public in an~r said State Commissioned in ' @ County My Commission Expires: / (_, ~5-~ OJ o 0 A° r..i. -~ I- I""' "\J 1:J.1 5 ,Jj 1!1 en lj',, I- B o o k 1 3 9 0 P a g e 5 6 2 ST ATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 7-f± day of m.~, 202J, before me, personally appeared the honorable 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 Missouri municipality, and that said instrument was signed on behalfof said City of Riverside, Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside, Missouri. Il;[:fJ.TNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in ';di B County, the day and year last above written. (SEAL) \' \!' '' ,'i.l\) p_,,,, ..-~~: .. ~~-- : ~ .. ·oorAAv''P: :•: ··- =~= ~~~- SEAL .. 1§.: ':'c.·····~ .. -- ,,,,o/.~,,""' ROB IN L. KI NCAID My Com miss ion El!pl res M ar ch 8, 20 23 Clinton County Commi ssio n #15390631 ~ x~ Printed Name: Robin Kincaid Notary Public in and for said State Commissioned in Platte County My Commission Expires: 'fllCl.6--::L q: .2.J);;__3 [I 0 Ci -,w , .. , i,.. .ii, J,.I, frio i.l ::1,1 1,Q /[1 6 t" ,,., f,d, Book 1390 Page 562 Exhibit A 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 ofland 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 corner oftbe Northeast Quarter of said Section 4; thence S 67°44' 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 of224.53 feet to the Point of Beginning of the variable width tract of land to be herein described; thence continuing S 67°44' 14" W along the last described course, a distance of58.41 feet; thence S57°52'24"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 S65°35'36"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 S22°15'46"E along a jog in said Southerly right-of-way line and along a jog in the Northerly line of the tract ofland 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 67°44' 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 ofland described in said Missouri Corporation Warranty Deed; thence S 15° 13' l 5"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 of7.49 feet; thence N65°2l' 14"E departing frorn 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 N65°35'43"E, 54.25 feet; thence N6 l 042'07"E, 1.76 feet; thence N57°5 l' 16"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. OJ ,:, C, 7 B o o k 1 3 9 0 P a g e 5 6 2 . '· " PERMANENT TRAIL EASEMEN POINT OF COMMENCING TEMP. CONST. ESMT. POINT 245.89' SOUTH OF 7HE NE COR. SEC. 4-T50N-RJJW S65'35:36"W 36.93' S2215'46''E 4.31' ~o ffi S67'44~4"W _..,,,- ! ,,,,,-/ 31.11' S1513'15"W 7.49' POINT OF BEGINNING N57'!51~6't 82.29' N61"42'o7"£ 1.76' N65'35'4J't 54.25' ~,o~ 0~~0~0 :t<:>9 ,~ ,.,,c _,.i O ~~ ,., 00'<' ... i,..~"' ,;;:,\t,,,O 1c;, 1g" ~\'o~\1'11>-~~~0·~~l'-G 0~~~ ... ii'ol>- ,;;P~oo'f- ◊ NORTH 0 50 100 i I j (IN FEET) 1 inch= 100 ft. i t 11-------------------i..------1 l Ill~ ~ RIVERSIDE HOLDINGS :i: ::::,::;- VIVION TRA ILS ~ 1100 swtn s11cc1. STE 100 REVISIONS EASEMENT n. MCC L u RE"' NorthKansasClty,Mlsscurl64116 , Cl 816-758-0444 KA NSAS CITY J www.mcclurevlslon.C<lm • MISSOURI (2 0 COA: 2012009395 201353-070 making lives better. EXPIRES: xxxx, xxxx JUL y 17, 2022 l)J O' (i ENGINEER DRAWN BY M.EBLEN J.BURNETTE SURVEYOR CREW CHIEF S.W HITAKER SKETCH NO. EXH-01 Book 1411 Page 561 Recorded In Platte County, Missouri Recording Date/Tim e: 03/10/2023 at 03:26:23 PM Instr Num ber: 2023002326 ,,,,,~~~'~;,,,, .... Book: 1390 Page: 563 ,, o~ ...• ···.l)tc':: .. _ ,,~~- ·-~~ Type: DE ESM T $ t:: :' \"' ~ Pages: g k /' ~ • : : • :::. L--~,~-. :ii~ Fee: $48.00 S ~ ~- : ~ ~ Ill llll Ill lllllllllllllllllllllllllllllllllllll II Ill ~~<~0UNr< :~~~"" ,,,,,,uuA•' Granlor: RIVERSIDE HOLDINGS LLC Chri1lopher L. Wrlghl Grantee: RIVER SIDE MISSOURI CITY OF Recorder of Deeds Title of Docum ent: Date of D ocum ent: G rantor(s): G rantee's Nam e and Address: Legal D escription: Recording Cover Sheet Temporary Construction Easement Riverside Holdings, LLC 372 5 N Oak Trfwy Kansas City, MO 64116 City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 See Exhibit A. After recording, please return to: City of Ri verside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 Book 1390 Page 563 TEMPORARY CONSTRUCTION EASEMENT h THIS AGRE EM ENT, made this _!j__ day of F.(,J r "'a_,..~ , 2021, by and between Riverside Holdings, LLC, owner of the prop(·ty herein described, hereinafter kn own as "Grantor", and the City of Riverside, Missouri, a municipal corporation, hereinafter kn own as "Grantee". W IT NESSETH, that the Grantor, in consideration of the sum of ~ /0. DO Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby ackn owledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Temporary Construction Easement in conjunction with the construction of a trail, including but not limited to, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on, over, along, across, and under the following described real estate being and situated in the County of Platte, and the State of Missouri, to-wit: See Exhibit A. This temporary constmction easement shall expire thirty-six (36) months from the date of its execution. Grantee shall restore the ground insofar as practicable to its original condition, after construction of said trail, or any subsequent maintenance or repair operations. I,.. IN WITNESS WHERE OF, the said Grantor has caused these presents to be signed this_'!_ day of r<,~r .. •-l , 202J !JJ o I) A I-" -~ I-" I-" i.l ::i.1 1,ij 1t1 2 (.n 1}, I-' Book 139e Page 563 Riverside Holdings, LLC ("GRANTOR"): By~~~ Printed Name: f}-(.AJµ,)" /2 C'-'/Z .. 'TI' ",,J Title: 7/7/ Z- -3 STATE OF COUN TY ) ) ss. ) q,l.'-> Ii} ON TH[S -· day of !:..-". J< ,_, 20~ before me personally appeared beo:? ,·s I?(, {;b< .J-= ~ of Riverside Holdings, LLC, to me known to be the person described in and who executed the foregoing instrument on behalfof said limited liability company and acknowledged to me that she/he executed the same with authority on its behalf. [N ~ITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in _l:::__ ~ , County, the day and year last above written. BRBNDA D McCOY (SEAL) )ioloryPublkl-NotarySell ITATB OP MISSOUII Clay CowltJ . Commlui1111 #19381512 County My Commission Expires: /(-.:=r5":-.;;.? ~ ~ [\ C, Ct· • 3 B o o k 1 3 9 0 P a g e 5 6 3 CITY OF RIVERSIDE, MISSOURI: ~:R2~~xL Printed Name: Kathleen L. Rose Title: Mayor ... -~.~ ' .. ~ ' . ST ATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS_ 7·~ day of ~i:.,A, , 202.J before me, personally appeared the honorable 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 Missouri municipality, and that said instrument was signed on behalf of said City of Riverside, Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside, Missouri. [N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in_ '+>f rlf£ aunty, the day and year last above written. ROBIN L. KINCAID My Commlssklll ~ Marcil 8, 2023 Clinton County Coovnssion #15390631 ::;zx~-·~ Printed Na~e~ Robin ~ Notary Public in and for said State Commissioned in Platte County My Commission Expires:~ S:, ;;i.D;l 5 [1 c, Ci 4 B o o k 1 3 9 0 P a g ~ 5 6 3 Exhibit A 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 S00°23'23"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 67°44' 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 N22° l 5'46"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 S67°44' l 4"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 N20°03'02"W, 2.80 feet; thence S68°41'19"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 S 15° 13' l 5"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 N74°46'45"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 Nl 5° 13' l S"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 N65°2 I' 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 N65°35'43"E, 54.25 feet; thence N61 °42'07"E, 1.76 feet; thence N57°5 l' l 6"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 67°44' 14" E along said Southerly right-of-way line, being also along the Northerly line of the tract ofland described in said Missouri Corporation Warranty Deed, Document No. 2014005759, a distance of a distance of224.53 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. OJ Cl 0 'TJ ~· ,.i::i IL1 5 Boo k 13 90 Page 563 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. 201400S759 in Book 1228 at Page 792, said variable width strip of land being situated in the Northeast Quarter of Section 4, Township SO 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 S67°44' 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 of282.94 feet to the Point of Beginning of the variable width strip of land to be herein described; thence continuing S67°44' l 4"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 ofland described in said Missouri Corporation Warranty Deed; thence S22°15'46"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 N65°35'36"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 N57°52'24"E, 25. l 6 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, NAO 83, West Zone. 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 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 SO 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 N67°44' l 4"E along said Southerly right-of-way line, being also along a line 40 feet South of and parallel with the centerline of 1,0 IL1 6 B o o k 1 3 9 0 P a g e 5 6 3 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 comer of the tract of land described in said Corporation Warranty Deed, Document No. 2015010380; thence S00°15'05"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 S67°45'01 "W, departing from the East line of the tract of land described in said Corporation Warranty Deed, Document No. 20150 I 0380, a distance of 1.54 feet; thence N22°l 5'5 l "W, 7.00 feet; thence S67°44'09"W, perpendicular to the last described course, a distance of 28.47 feet; thence N22°l 5'5 l "W, perpendicular to the last described course, a distance of 3.46 feet; thence S67°44'09"W, perpendicular to the last described course, a distance of 89.33 feet; thence S22° 15'5 I "E, perpendicular to the last described course, a distance of 7.46 feet; thence S67°44'09"W, perpendicular to the last described course, a distance of 156.16 feet; thence S22° 15'5 l "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 67°44' 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. 20150103 80; thence N00°23 '23 "E along the West line of the tract of land described in said Corporation Warranty Deed, Document No. 20150 I 0380, 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. 0) (I Ct .,... ,", t..i. ~ f.L t,.L 1) ~I il'j 111 7 en 1J,, t,.L Book 1390 Page 563 . . TEMPORARY CONSTRUCTION EASEMENT Line Table Line# Direction Length Line# Direction Length .A \ L1 s00•23•23•w 19.51' L11 N1s•13•1s"E 30.93' ;,>. 'b ,> L2 ss1•44•14•w 52.37' L12 N65'21'14"E 18.73' 0~ L3 N22'15'46"W 13.00' L13 N65'35'43"E 54.25' ~o. Q i~~~ L4 S67'44'14"W 44.90' L14 N61°42'07"E 1.76' ~~~ LS N20'03'02"W 2.80' L15 Ns1•51•1s"E 82.29' ~1,~ ~9~ L6 S68'41'19"W 110.06' L16 N67°44'14"E 224.53' ~~~ -0 ,> 'i. "P, <8 ~ L7 S07'45'23"E 8.61' L17 S67°44'14"W 61.70' ~io .~~~ LB S61 '32'56"W 151.42' L18 S22°15'46"E 5.69' 0 L9 s1s•13•1s·w 32.48' L19 N65'35'36"E 36.93' L10 L20 N57°52'24"E 25.16' N74°46'45"W 15.00' POINT OF BEGINNING TE:MP. CONST. £SMT. POINT 245.89' SOUTH OF TH£ NE COR. SEC. 4-T50N-RJJW £ UNE SEC. 4-T50N-RJJW NORTH 0 50 100 I I I (IN FEET) 1 inch= 100 ft. 0 i I ~---•,•,-~------------------R•1•vE•R•s•1o•E•H•o•Lo•1•NG•s•.•L•Lc•-•EN.G1.NE.ER-•011RA•WN-a•v_. ~ Ii== VIVION TRAILS M.EBLEN J.BURNETTE < 1700 Swill Slrea1 STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF" i MCCLURE"' NorthKan~i~ts-~llour164 116 . KANSAS CITY S.WHITAKER i www .mccluravoslon.com • MISSOURI SKETCH NO. ~ COA: 2012009395 201353-070 EXH 02 o making lives better. EXPIRES: xxxx. XXXX AUGUST 16, 2022 - Book 1390 Page 563 .. ~ I iil >- 0 ::, -, ;.: m 0 I TEMPORARY CONSTRUCTION EASEMENT line Table line# Direction Length L1 N67°44'14"E 420.72' L2 s00·1 s'os'w 15.02' L3 S67°45'01"W 1.54' L4 N22° 15'51 "W 7.00' LS S67°44'09"W 28.47' L6 N22'15'51"W 3.46' L7 S67'44'09"W 89.33' LB S22"15'51"E 7.46' L9 S67'44'09"W 156.16' L10 s22·1 s·s1 "E 7.24' L11 S67"44'14"W 199.38' L12 Noo•23·23"E 19.51' 0 ' NORTH 50 ~ 100 I (IN FEET) 1 inch= 100 ft. i 1 i ... -•,• 1 • 1 •~- .. -•-•,., 1 ,•· --------------•R•1v•E•Rs•1•0E-H•o•Lo•1N•G•s•,•LL•c .. -•EN.G1.NE•E•R-•o•R•Aw•N•e•y--1 ~ ~ VIVION TRAILS M.EBLEN J.BURNETTE ;f 1700 Swill Street. STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF I!> MCC Lu R Ehl NorihKani~t~ik~J:~ouri64116 KANSAS CITY S.WHITAKER j www.mcclurevislon.com MISSOURI SKETCH NO. ~ COA:2012009395 201353-070 EXH 01 o making lives better. EXPIRES: xxxx, xxxx AUGUST 16, 2022 - I [I 0 0 Ai iJ Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS / 7 .05-ADM-035 Asset Integrity I 07101123 I Revision: 4 I Page 1 of 17 EXHIBIT B MAGELLAN PIPELINE COMPANY, L.P. General Encroachment Requirements A. GENERAL - These requirements define the minimum standards governing permitted encroachments by a landowner (including any developer, business entity, utility company or individual working for, or on behalf of, or with permission of landowner), its and their heirs, successors, and assigns (herein referred to collectively as "Owner") to pipeline corridors and rights of way ("Magellan's Easement Tract") owned or operated by Magellan Pipeline Company, L.P. ("Magellan"). Upon written request by Owner to Magellan, a copy of these minimum requirements shall be provided to any developer, business entity, utility company or individual working on behalf of Owner or with the permission of Owner within Magellan's Easement Tract. Specific circumstances may require additional precautions or more stringent methods in order to protect the integrity of Magellan's pipelines and facilities. Magellan's Easement Tract, for purposes of these General Encroachment Requirements, shall be considered to be any area within fifty (50) feet of any Magellan pipeline or other Magellan-owned or operated facility unless a different right of way width is specified by one or more recorded right of way or easement documents (herein collectively called "Easement", whether one or more), in which case such specified width shall define Magellan's Easement Tract. 1. Encroachment Definition. An "encroachment" is any use of the land within Magellan's Easement Tract which is not permitted by the express provisions of the Easement or which could interfere with Magellan's Easement rights or which Magellan determines could create safety concerns for pipelines and/or facilities located on Magellan's Easement Tract. Encroachments include, but are not limited to: structures, fixtures, personal property, landscaping, foreign utilities, foreign pipelines, roadways, railroads, waterway crossings, water impoundments, walls, heavy equipment and heavy loads on Magellan's Easement Tract, and also any excavation, digging, drilling, tunneling and addition, removal or disturbance of soil or subsoil within Magellan's Easement Tract. All encroachments as described in this section 1 are hereinafter referred to as "Encroachments", whether one or more. 2. Magellan Representative Required On-Site. Magellan pipeline systems operate at high pressures, and for safety reasons, Magellan requires its company representatives to be on-site while Owner is excavating or performing other activities which could endanger the pipelines or other facilities on Magellan's Easement Tract. For other activities of the Owner on the Magellan Easement 1 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. l/l/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERAL ENCROACHMENT REQUIREMENTS I 7 .05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 2 of 17 Tract, the Magellan field representative shall determine whether Magellan's continuous presence or periodic monitoring of encroachment activities will be required and shall inform the Owner. A Magellan representative will be made available upon 48 hours notice (exclusive of weekends and holidays) to determine the location and approximate depth of any Magellan pipelines. No excavation shall be commenced without prior written approval from Magellan and verification by Magellan of the location and approximate depth of its pipelines. 3. Magellan's Facilities. The facilities include, but are not limited to, the Easement, rights of way, pipelines, meter and valve sites, aboveground piping manifolds, and cathodic protection systems. 4. Land Use Change - Notification. The Owner and tenant, if any, must notify Magellan at any and every time when the land use will be changed for land on or adjacent to Magellan's Easement Tract. Examples of such land use changes are, without limitation: • Change from pasture to cultivation • Change in depth of tilling (e.g. plowing deeper or deep-breaking the land) • Change in that terraces will be cut or re-cut • Change from agricultural use to residential, commercial or industrial use. • Change from residential to commercial or from commercial to industrial. 5. Governmental Regulations and Industry Guidelines. Owner must comply with all applicable laws and regulations, as well as Magellan's policies as expressed herein. Owner is also hereby referred to the Common Ground Alliance Best Practices which can be found on the web site: www.commongroundalliance.com (See "Program Information" / "Best Practices") and which is available from Common Ground Alliance in booklet form for easy reference. Best Practices addresses the most common issues for damage prevention for an encroaching party, including, among others: Planning and Design; One-Call Center; Locating and Marking; Excavation; and Mapping. In the even of a conflict between laws and regulations, Magellan's policies and the Common Ground Alliance Best Practices, the following priority shall govern all encroachments on Magellan's Easement Tract: 1st -- laws and regulations; 2nd -- Magellan policies; and 3rd -- Common Ground Alliance Best Practices. B. MAGELLAN RIGHT OF WAY PRACTICES I. Personal Property and Fixtures To Be Kept Off of Magellan's Easement Tract. In order to keep Magellan rights of way clear for operations, maintenance, 2 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. G E N E RA L EN C R O AC HM ENT REQ UIR EM ENT S I 7.05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 3 of 17 inspection, repair, replacement, and emergency access, personal property and fixtures shall not be placed, stored, or maintained on Magellan's Easement Tract. Personal property and fixtures include, but are not limited to, storage sheds, automobiles, trailers, mobile homes, above-ground swimming pools, business equipment, product inventory, scrap metal, boulders, large rocks, debris, junk, and piles of materials. 2. Encroachments Subject to Being Cleared from Magellan's Easement Tract. Subject to the terms of its Easement (including right of way agreement[ s] and other written agreements), Magellan shall have the right, but not the obligation, to keep Magellan's Easement Tract clear of items that Magellan determines may hinder the exercise of Magellan's rights to construct, operate, inspect, maintain, repair, replace, and access its pipelines and other facilities. Clearing of the Magellan Easement Tract shall include, but not be limited to, the following: removal of trees, brush, crops, other vegetation and non-permitted encroachments located on or overhanging all or part of any Magellan's Easement Tract. Trees or other vegetation overhanging Magellan's Easement Tract may be side-trimmed. C. ENCROACHMENT PLANNING 1. Plan Review Required by Magellan. For any Encroachment, Magellan must be provided project plans to review and approve, prior to such encroachment occurring, for purposes of damage prevention. 2. Submission of Complete Plans. Owner must submit complete plans to Magellan for review. Incomplete plans could delay Magellan's engineering impact study and insufficient information could result in increased costs. Plans must include: • A plan view of the project with the pipeline(s) location included. • An illustration in profile of the existing surface elevations, the proposed surface elevations and the elevation of the pipeline(s). • A comprehensive utility/structure/grading plan depicting the relationship to the pipeline(s). • A proper legal description of the project location. • Complete landscaping plans. • Complete plans for backfilling and compaction of backfill material. 3. Plans Must Show Magellan's Easement Tract, Pipelines and Facilities. All construction plans (prints) showing lands where all or any part of Magellan's Easement Tract, and where any pipeline or facility is located thereon must contain the following: • Location and depth of all pipelines and facilities • The width of Magellan's Easement Tract 3 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, LP. G E N E RA L ENC RO AC HM ENT REQ UIR EM ENTS I 7.05-A DM-0 35 Asset Integrity I 07101123 I Revision: 4 I Page 4 of 17 • A standard warning statement conspicuously displayed containing the following language: WARNING HIGH-PRESSURE PIPELINE(S) Excavation and/or Construction Prohibited Without compliance with State One-Call, AND Without Written Permission From MAGELLAN PIPELINE COMPANY, LP. 4. Written Encroachment Agreement Required. A written, fully executed Encroachment Agreement must be in place between Magellan and Owner before Owner commences work on any encroachment. 5. Costs. Unless otherwise agreed in writing, all costs and expenses sustained or incurred by Magellan that result from any encroachment shall be the obligation of Owner and shall be paid in full to Magellan pursuant to Magellan invoice. Such costs and expenses may include, but shall not be limited to: Modification, replacement, lowering, and protection of pipelines, including engineering evaluation and design, field labor and real estate research and document preparation and handling, 6. Pipeline Integrity Inspection. Prior to the installation of any structure, parking lot, roadway or other facility which might interfere with or hinder Magellan's inspection of any pipeline or facility, Magellan will perform an integrity review of its pipeline and any other assets which may be affected by the proposed structure, parking lot, roadway or other encroaching facility in order to determine that Magellan's assets comply with integrity requirements and to allow Magellan to make any needed changes prior to construction of any approved encroachments. 7. Soil On Magellan's Easement Tract -- Removing and Adding. No soil shall be removed from or added to Magellan's Easement Tract without prior written authorization from Magellan. Any soil added must be clean fill dirt (without contaminants, trash or debris) and must be limited in amount so that the resulting cover (vertical distance from the surface of the land to the top of Magellan's 4 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. G E N E RA L EN C R O A C H M E N T R EQ U IR E M E N T S J 7.0 5-A D M -035 Asset Integrity I 01101123 I Revision: 4 I Page 5 of 17 pip elin e) is no t greater than eight fe et (8'). 8. Erosion Control Materials. E ro sion-contro l m aterials m ay be allow ed on M ag ellan 's E asem ent T ra ct fo r tem p ora ry perio ds of constru ction and resto ra tio n . 9. Proof of Title to Property. M agell an m ay req uire O w ner to pro vide pro of of curren t ow n ership of the land an d all interests in the land w here the pro posed en cro ach m ent is to be lo cated. S u ch pro o f shall be such pro of as is satisfa ctory to M ag ell an and , w itho ut lim itatio n of the fo reg o in g , m ay be in the fo rm of a title co m m itm ent or title po licy . 10. Subdivision Plat. M agell an req uires a co py of the Subdivision Plat, if ap p licab le. If the plat has been reco rded , M agellan requires a copy of the reco rded plat w h ich refl ects the bo ok and the page of the recording. 11. Location and Approximate Depth of Pipelines. A M agellan representative is no rm all y availab le w ith 48 hours notice (ex clu siv e of w eekends and ho lidays) to determ in e the location and ap p ro x im ate depth of the pipeline(s). D eterm ining actual depth s of pip elin es m ay requ ire po t-ho ling or hand-digging by, and at the ex pen se of O w ner in the presen ce of an authorized M agellan representative. N o ex cavatio n on M agellan's E asem ent T ra ct shall take place w ithout prior ap p ro v al by M agellan . 12. Vertical Separation Between Magellan Pipeline or Facility and an Encroaching Object or Structure. V ert ical sep ara tion is defi ned in this doc u m ent as the vert ical distance betw een the outerm ost part of a pipeline, fa cility or ap p urtenance (fo r ex am ple, the outsid e of the pipe [fo r uncased pipe] or th e outside of the pip e casing [fo r cased pipe]) and the outerm o st part of the en cro ach in g object (fo r ex am ple, the ou tsid e of the encro aching pipeline or the ou tsid e of its condu it). 13 . Construction Equipment Information. O w ner sh all pro vide to M agellan in fo rm atio n as to the typ e, size, and w eight of co nstru ction equipm ent that O w ner pro p o ses to use over or in the vicin ity of the pip eline(s). D. ENCROACHMENT DESIGN REQUIREMENTS & STANDARDS 1. Risk of Loss and Damage. O w n er sh all bear the risk of loss fo r all dam age and /o r destruction to any structure, fe nce, land scap in g or im pro vem ent placed w ith in the bo u nd aries of M agellan 's E asem ent T ra ct (w hether appro ved by 5 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 6 of 17 Magellan or not), and shall indemnify and hold Magellan harmless from and against any such damages or destruction of structures (including, without limitation, any consequential damages) which may arise out of Magellan or its designees exercising Magellan's Easement rights or which may arise out of accessing Magellan's Easement Tract, pipelines or facilities. 2. Buildings, Structures and Fences. a. Buildings and Structures. No buildings, houses, barns, garages, patios, playhouses, sheds, septic systems or drain fields, swimming pools (above- ground or below-ground), reinforced concrete slabs or other similar structures will be permitted on the Magellan's Easement Tract. b. Septic System not permitted. No septic-system, including any lateral lines will be permitted on Magellan's Easement Tract. c. Retaining Walls. Retaining walls are not permitted on Magellan's Easement Tract. d. Fences. No fence shall be constructed or maintained on Magellan's Easement Tract without a written agreement. e. Requirements for Fences. If fencing on Magellan's Easement Tract is authorized by a written agreement with Magellan, the fencing must comply with the following: 1) Not Parallel to Pipeline. No fence shall be allowed to be constructed parallel to, and closer than IO feet to, any pipeline within the boundaries of Magellan's Easement Tract. 2) Fence Posts Location. No fence posts will be allowed to be within five (5) feet of any pipeline or facility. 3) Gates Required. Magellan may require any fence constructed within the boundaries of Magellan's Easement Tract to have gates of such size and suitability as is necessary or convenient for Magellan to access its pipelines and/or facilities for its operations, including inspections, at each point where the fence crosses a Magellan pipeline or facility boundary. Magellan shall be allowed to put a Magellan lock on such gates, which will allow access to Magellan's Easement Tract and/or facilities through such gates. 4) Angle of Fence Crossing. Fence crossings across Magellan's Easement Tract must be as close to 90 degrees as possible. 3. Landscaping, Elevation Changes and Water. a. Landscaping Definition. Landscaping shall include, but not be limited to, trees, shrubs, underground irrigation or sprinkler systems, sidewalks or 6 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. l/l/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS / 7.05-ADM-035 Asset Integrity I 01101123 I Revision: 4 I Page 7 of 17 other paths, retaining walls, terraces or other land grade changes, within Magellan's Easement Tract. b. General Landscaping Requirements. The following are the general rules for landscaping on Magellan's Easement Tract: I) Written Approval. Landscaping proposed to be done on Magellan's Easement Tract must be approved by Magellan in a written encroachment agreement. Among other terms, the encroachment agreement will release Magellan from any liability for damages to the landscaping from the exercise of Magellan's Easement rights. 2) Trees Not Permitted. Trees are not permitted on Magellan's Easement Tract. 3) Shrubs. Shrubs exceeding 3 feet in height and/or obstructing the view of any Magellan pipeline marker posts are not perm itted on Magellan's Easement Tract. 4) Irrigation Systems, Field Drain Lines, and Sidewalks. Irrigation systems, field drain lines and sidewalks that are to cross a pipeline must cross such pipeline at an angle as close to 90 degrees as possible, but in no event at an angle less than 45 degrees and must comply with other applicable provisions of this document. c. No Water Bodies on Magellan's Easement Tract. Retention of water, including but not limited to, livestock ponds, lakes, retention ponds, or wetlands, may not be constructed or formed on Magellan's Easement Tract. d. Surface Grade and Elevation Changes. Surface grade or elevation changes must be reviewed and approved in writing by Magellan. 4. Foreign Pipeline & Utility Crossings. No foreign pipelines or utility lines of any type shall be allowed to be constructed parallel to any pipeline within the boundaries of Magellan's Easement Tract. a. Minimum Angle for Pipeline/Utility Crossing. Any foreign pipeline or utility that is proposed to cross a pipeline on Magellan's Easement Tract must cross such pipeline at an angle as close to 90 degrees as possible, but in no event at an angle less than 45 degrees. b. Vertical Separation Requirements for Crossing. Foreign pipeline(s), utilities (except high-voltage lines - see below) or flow lines should cross pipeline(s) on Magellan's Easement Tract with at least 24 inches of vertical separation. Special written authorization must be given in the event vertical separation is less than that specified in these General Encroachment Requirements. The preferred method for a foreign pipeline 7 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 07101123 I Revision: 4 I Page 8 of 17 or utility to cross a pipeline is to cross below the Magellan pipeline. c. Warning Tape Required. When any foreign pipeline or utility line is proposed to cross a pipeline on Magellan's Easement Tract, Owner must place 6" wide McMaster-Carr No. 8288Tl 2 or equal within Magellan's Easement Tract in the following manner: 1) The tape must be placed directly over (parallel to) and at least 15 inches above the foreign line for the entire distance that it occupies Magellan's Easement Tract. Additionally, the tape must be placed directly over (parallel to) and at least 15 inches above each pipeline that is crossed for a minimum distance which is the greater of: (a) a minimum distance of 20 feet on each side of the pipeline, or (b) across the entire width of Magellan's Easement Tract 2) The placement of warning tape on each side of pipeline(s) on Magellan's Easement Tract will not be required for utility cables that are installed using the directional drill or jacking method. d. Crossings by Metal Pipelines or Conduits. Metallic pipe crossing pipeline(s) on Magellan's Easement Tract may require Magellan to perform a cathodic protection interference survey. If interference with Magellan's cathodic protection system is detected and remediation is necessary, Owner agrees to cooperate with Magellan and to make necessary adjustments in Owner's interfering metallic pipe or other remediation to correct such interference problem insure that the Magellan cathodic protection system is operating properly. e. Crossing Requirements. Electrical, fiber optic, local service communication, long distance carrier telephone, and utility cables should cross Magellan pipeline(s) with a minimum of 24-inches of vertical separation. All such lines must be covered with a Concrete Slab for the full width of the Easement Tract, if requested by Magellan. If such lines have an exposed concentric neutral, a test point from the ground wire shall be installed by the power company. f. Crossing Requirements for Lines Going Over a Magellan Pipeline. In the event the electrical, fiber optic, local service communication, long distance carrier telephone, and utility cable crosses over a pipeline on Magellan's Easement Tract, such line shall be encased in red concrete across the full width of Magellan's Easement Tract, unless a variance is granted by Magellan, as set forth below. g. Written Authorization for Variance. Owner must have written authorization from Magellan for any variance from the vertical separation requirements listed above and/or for any variance from the requirement for encasement of high-voltage electrical lines in red concrete. h. Utility Poles and Guy Anchors. Utility poles and guy anchors shall not 8 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, LP. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 9 of 17 be placed on Magellan's Easement Tract without a written agreement. With a written agreement, poles and anchors may be placed no closer than 20 feet to any pipeline on Magellan's Easement Tract. Poles shall not be allowed to run parallel to a pipeline within the Magellan Easement Tract. 1. Directional Drilling / Boring. I) Prior to commencing any horizontal directional drilling, Owner shall submit plans showing procedure and material descriptions for Magellan's approval. The plans and description shall include, but not be limited to the following: • Profile and plan showing location of entry and exit points • Work space required to perform the work • Mud containment and disposal sites 2) Owner shall positively locate and stake the location of existing pipelines and other underground facilities on Magellan's Easement Tract, including exposing any facilities located within 10 feet of the designed drilled path. Prior to commencing drilling operations, Owner shall modify drilling practices and down-hole assemblies to prevent damage to existing pipelines and other facilities. Owner shall be responsible for losses and repairs occasioned by damage all pipelines and other facilities resulting from drilling or boring operations. • If a pipeline cannot be confidently located with the above or be positively identified by daylighting or other means, line locating measures shall be in accordance with (add hyperlink) 3) At all times, Owner shall provide and maintain instrumentation to document and accurately locate the pilot hole and the drill bit, to measure drill-string axial and torsional loads, and to measure drilling fluid discharge rate and pressure. At Magellan's request, Owner shall promptly provide Magellan with reasonable access to information and readings provided by these instruments, including copies of any written documentation. 4) Pilot Hole. • The pilot hole shall be drilled along the path shown in the plan and profile drawings. No pilot hole shall be made that will result in any of the encroaching utility being installed in violation of laws and regulations or of Magellan's requirements described herein. However, safety for any adjacent utilities and/or structures is of utmost importance. Therefore, the listing of separation distances or tolerances herein does not relieve Owner from responsibility for safe operations or for damage to adjacent utilities and structures. 9 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 10 of 17 • If tolerances are not specified in the plan and profile drawings, the pilot hole shall have the following tolerances: • Elevation of +O feet and -15 feet • Alignment of +/-20 feet as long as it does not come to within 10 feet of a pipeline on Magellan's Easement Tract • Initial penetration of ground surface at exact location shown in the plan and profile drawings • Final penetration of the ground surface with in +/-10 feet of the alignment and within + 30 feet and -0 feet of the length shown in the plan and profile drawings • Curves shall be drilled at a radius equal to or greater than that specified in the plan and profile drawings. The drilled radius will be calculated over any 3 joints (range 2 type drill pipe) segment using the following formula: Rdrilled = (Ldri lied/ Aavg) x 180hr Where: Rdrilled =drilled radius over Ldrilled Ldrilled = length drilled; no less than 75 feet and no greater than 100 feet Aavg = total change in angle over Ldrilled • At the completion of the pilot-hole drilling, Owner shall provide to Magellan a tabulation of horizontal and vertical coordinates, referenced to the drilled entry point, which accurately describe the location of the pilot hole. 5) Drilling Fluids. • The composition of drilling fluids proposed for use shall comply with all applicable laws and regulations. • Owner is responsible for obtaining, transporting and storing any water required for drilling fluids. • Disposal of drilling fluids and drill cuttings shall be Owner's responsibility and shall be conducted in compliance with applicable laws and regulations. Drilling fluid shall not be disposed of by placing fluids on or under the surface of Magellan's Easement Tract. • Owner shall employ best efforts to maintain full annular circulation of drilling fluids. Drilling fluid returns at locations other than entry and exit points shall be minimized. If annular circulation is lost, Owner shall take steps to restore circulation. If inadvertent surface returns of drilling fluids occur, they shall be immediately contained with hand-placed barriers (e.g., hay bales, sand bags, silt fences, etc.) and collected using pumps as practical. 10 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 14 11 Page 561 Magellan Midstream Partners, L.P. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 01101123 I Revision: 4 I Page 11 of 17 If the amount of surface return is not great enough to allow practical collection, the affected area will be diluted with fresh water and the fluid will be allowed to dry and dissipate naturally. If the amount of surface return exceeds that which can be contained with hand-placed barriers, small collection sumps (less than 5 cubic yards) may be used unless permits or other regulations prohibit the use of collection sumps. If the amount of surface return exceeds that which can be contained and collected using barriers or small sumps, or if the return of drilling fluids occurs in the body of water proper, drilling operations will be suspended until surface return volumes can be controlled. 6) As-Built Drawing. Owner shall promptly provide to Magellan an as-built plan and profile drawing of the drilled crossing showing the location of the new crossing as well as the location of pipelines on Magellan's Easement Tract. 5. Roadway, Driveway, Railroad and Equipment Crossings. No roadway, driveway, railroad or equipment crossings of any type shall be allowed to be constructed parallel to any pipeline within the boundaries of Magellan's Easement Tract. a. Pipeline Integrity Inspection. A pipeline integrity review shall be performed by Magellan as described in provision "6" under "C. ENCROACHMENT PLANNING" (above). b. Load Bearing and Stress Limit Requirements. Prior to any road, driveway, rail bed or equipment crossing construction, Magellan's engineer must determine whether the proposed compacted cover meets load-bearing requirements and provides adequate protection to limit stress on pipelines or other facilities, and must advise Owner of any additional requirements necessary to provide adequate protection. c. No Crossing over Pipeline Bend. Paved surfaces or rail beds shall not be allowed to cross a pipeline bend (point of inflection). d. Minimum Angle of Crossing. Crossings should be as close as possible to 90 degrees to pipeline(s) on Magellan's Easement Tract, but not less than 45 degrees. e. Pipeline Casing Issues. Magellan prefers that cased roadway and railroad crossings no longer be installed. If the carrier pipe under roadways and railroads requires adjustment or relocation, then instead of using casing, the carrier pipe will consist of extra strength material or heavier wall thickness to accommodate the additional longitudinal stress due to external loads. If a road or railroad crossing currently uses casing and the 11 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, LP. GENERA L ENCROACHMENT REQUIREMENTS I 7 .05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 12 of 17 road or railroad is being widened and no other adjustment or relocation of the carrier pipe is required, then Magellan may elect to extend the casing pipe on the existing crossing(s) to accommodate additional road surface. If casing is used, it must not end under the roadway surface or track structure, but must extend across the entire length of the roadway or railroad right of way. f. Railroad Crossing Requirements. Railroads shall be installed with a minimum compacted cover over the carrier pipe, as measured from the base of the rail to the top of the pipe, as follows (see Figures 1 and 3): Location of Pipeline Minimum Compacted Cover Over Top of Pipeline Under track structure proper 6.0 feet (Below bottom of rail) Under all other surfaces within the right of way or from the bottom of ditches 3.0 feet g. Roadway and Driveway Crossings. Roadways and driveways, shall be installed with a minimum compacted cover over the carrier pipe, as measured from the top of the roadway surface to the top of the pipe, as follows (see Figures 2 and 4): Location of Pipeline Minimum Compacted Cover Over Top of Pipeline Under roadway surface proper 4.0 feet (Below surface of pavement) Under all other surfaces within the right of way or from the bottom of ditches 3.0 feet h. Crossing Pipelines Transporting Highly Volatile Liquids. For pipelines transporting highly volatile liquids, minimum cover for a crossing at a drainage ditch must be 4.0 feet. 1. When Additional Depth Required. Depth greater than the minimum depths stated above may be required for a pipeline due to the combined stress of internal pipeline pressure and external loading pressure. Magellan will analyze each proposed crossing based on information 12 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. G E N E RA L ENCR OA C HM ENT REQ UIREM ENTS I 7.05-AD M-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 13 of 17 provided by Owner to determine any additional depth that may be required for the pipeline for safe operation. j. Temporary Roads and Equipment Crossings. Any such road or crossing must meet the following requirements: • Must be located at a site approved by a Magellan field representative. • Must provide adequate protection for pipelines and other facilities, as determined by the appropriate Magellan engineer, so that the compacted cover meets load-bearing requirements and provides adequate protection to limit stress on the pipeline or other facilities. • Owner shall place Six-inch wide plastic warning tape, McMaster-Carr No. 8288T12 or equal, over each pipeline for the width of the temporary road or equipment crossing, plus an additional 20 feet past each outside edge of such temporary road or equipment crossing k. Owner Required to Protect Magellan Pipelines. Magellan may require Owner to put in place additional cover and/or stabilization (timbers, steel plate, crushed rock, concrete slab, etc.) at any approved equipment crossing in order to protect pipelines on Magellan's Easement Tract, taking into account possible effects of weather, pipeline depth, and type of vehicles proposed to cross the pipelines. Magellan will analyze each proposed crossing based on information provided by Owner to determine any additional depth or protection that may be required for safe pipeline operation. I. Heavy Equipment - Definition and Requirements. Heavy equipment shall be defined as any vehicle having a gross weight in excess of 80,000 pounds. Heavy equipment shall be prohibited from working directly on top of the active pipeline. For vehicles having a gross weight of 80,000 pounds or less, the pipeline must have a minimum of 4 feet of cover. Magellan must analyze the additional longitudinal stress due to external loads if the vehicles have a gross weight in excess of 80,000 pounds in order to determine required pipeline depth for safe operation. 6. Parking Lots and Other Pavement. a. Parking Lot and Pavement Requirements. All parking lots and other pavement installed on Magellan's Easement Tract shall consist of a flexible surface such as asphalt. No reinforced concrete will be allowed. b. Pipeline Depth Under Parking Lot. The depth of pipelines under a parking lot must meet or exceed compacted cover requirements listed in the previous "Roadway, Driveway, Railroad, and Equipment Crossings" section above 13 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, LP. GENERAL ENCROACHMENT REQUIREMENTS I 7 .05-ADM-035 Asset Integrity I 07101123 I Revision: 4 I Page14of17 7. Waterway Crossings. a. Pipeline Depth Requirements. If Owner proposes to cross a pipeline with a waterway (river, stream, creek, irrigation canal, or drainage ditch), such crossing must result in the pipelines meeting or exceeding the minimum depth below the bottom of the waterway for compliance with then current pipeline construction standards and federal, state, and local regulations. b. Requirements for Waterway Crossings: 1) Minimum Angle or Crossing. Crossings should be as close as possible to 90 degrees to pipeline(s) on Magellan's Easement Tract, but not less than 45 degrees. 2) Vertical Separation Requirements for Waterway Crossing. Pipelines to be crossed must have a minimum vertical separation of five (5) feet, as measured from the bottom of the waterway to the outermost part of such pipelines, facility or appurtenance 3) Adding Weight to Pipeline for Negative Buoyancy. Owner shall bear all liability and obligation for the cost of Magellan adding sufficient weight or mechanical devices to any pipeline on Magellan's Easement Tract crossed by a waterway in order to create negative buoyancy for such pipeline. 8. Blasting. a. Magellan Written Approval Required - Plan To Be Submitted. Magellan must approve any proposed blasting operations that could affect pipelines or facilities on Magellan's Easement Tract. Should blasting be necessary, a comprehensive plan must be submitted to Magellan for review and written approval. b. Safety Considerations - Damage Prevention Plan. For safety and preservation of Magellan assets, all blasting shall be in accordance with federal, state, and local governing agencies and the Magellan's "Damage Prevention Plan for Blasting Near Company Facilities". A copy of said plan will be made available upon request. E. EXCAVATION NEAR MAGELLAN PIPELINES. 1. ST A TE "ONE-CALL" REQUIRED. No excavation or activity listed in "A. GENERAL - 1. Encroachment Definition" above shall be performed by Owner in the vicinity of Magellan's facilities or within Magellan's Easement Tract until proper telephone notification has been made to the appropriate "One Call" system 14 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, LP. GENERA L ENCROACHMENT REQUIREMENTS I 7.05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 15 of 17 and a Magellan representative is on-site to monitor excavation activities. All of the states in which Magellan conducts pipeline operations have "One Call" laws, which require 48-72-hours notification prior to any excavation related activities. After making a One-Call, the state One-Call agency will notify Magellan to mark accurately, in a reasonable and timely manner, the location of Magellan's pipeline facilities in the vicinity of the proposed encroachment. 2. ONE-CALL NOTIFICATION. The following list is providedfor convenience, but is not warranted by Magellan to be complete or accurate (telephone numbers were copied from each state's web site on 1/5/2004). Owner is required to acquire and call the appropriate One-Call number(s) for its location of activity. Current "ONE-CALL" numbers and information can be found on each state's "ONE-CALL" website: Arkansas - http://www.arkonecall.com/ Colorado - www.uncc2.org/ Connecticut - www.cbyd.com/ Delaware - www.missutility.net/delaware/ Illinois - www.illinois1call.com/ Iowa - www.iowaonecall.com/ Kansas - www.kansasonecall.com/ Minnesota - www.gopherstateonecall.org/ Missouri - www.mo 1 cal I.com/ Nebraska - www.ne-diggers.com/ New Mexico - www.nmonecall.org/ North Dakota - www.ndonecall.com/ Oklahoma - www.callokie.com/ South Dakota -www.sdonecall.com/index.asp Texas - www.texasonecall.com/ Wisconsin - www.diggershotline.com/ Wyoming- www.onecallofwyoming.com/ - 800 482-8998 - 800 922-1987 - 800 922-4455 - 800 257-7777 - 800 892-0123 - 800 292-8989 - 800 344- 7233 - 800 252-1166 - 800 344-7483 - 800 331-5666 - 800 321-2537 - 800 795-0555 - 800 522-6543 - 800 781-7474 - 800 245-4545 - 800 242-8511 - 800 849-2476 Alternatively, the National One-Call number - (888) 258-0808 - may be used to register a proposed excavation and to subsequently notify underground utility operators with assets in the vicinity. 3. Excavation Plan Approval. Owner shall submit to Magellan for its approval plans for any proposed excavation on Magellan's Easement Tract. No excavation 15 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. GENERAL ENCROACHMENT REQUIREMENTS I 7 .05-ADM-035 Asset Integrity I 07/01/23 I Revision: 4 I Page 16 of 17 on Magellan's Easement Tract shall be commenced until Owner has secured Magellan's written approval of the plans. The excavation work shall be in compliance with all applicable laws and regulations. Owner is also referred to the Common Ground Alliance Best Practices (referenced in this document). 4. Magellan Representative On-Site for Excavation. A Magellan representative must be on-site when an excavation is occurring on Magellan's Easement Tract (see provision "2" under "A. General" beginning on page 1). 5. Removal of Side-Cutting Teeth from Equipment. Side-cutting teeth shall be removed from buckets of excavating equipment. 6. Parallel Excavating Required. When, in preparation for crossing any pipeline on Magellan's Easement Tract with any other pipeline or with electric line, communication line, roadway or any other structure or facility, Owner needs to locate the pipelines by use of mechanical means. Owner must perform such locating activity by excavating parallel to each of the pipelines with such mechanical means, but shall cease using the mechanical means when it reaches a point within two feet of the Magellan pipeline (see next provision). 7. Exposing Pipeline by Hand. Excavating within 2 feet of any pipeline on Magellan's Easement Tract shall be done by hand-digging until the pipeline is exposed and its location is accurately known. Then, Owner must position the excavation equipment so that from the point of operations the equipment will not reach within 2 feet of any pipe I ine. RAILROAD AND HIGHWAY CROSSINGS Minimum depth below ground Minimum depth below ditch <r. I I Minimum depth below bottom of rail ""-&,d seal Casing Canierpipe CAS3) RAll..R)AD CR::>ffiNG RGUfE)f 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 Book 1411 Page 561 Magellan Midstream Partners, L.P. G E NE RA L EN C RO ACHM ENT REQ UIREM ENTS I 7.05-AD M-035 Asset Integrity I 0710 1123 I R evision: 4 I Page 17 of 17 Hig h w ay "'-c a si ng M inim um de p th belo w su rfac e of pave m e nt CAS3J HGHI/\AYCRJffiNG FIGU!t:2 M in im um de pth belo w bottom of ra il L D ra in a ge ditch ~--~ M in im um d e p th be lo w g ro u nd \_ Lh c ase d ca rri e r pip e LNCAS3J RL\ll.RJAD CRJffiNG FIGU!t:3 M in im u m de p th be lo w ditc h Lh c a se d C a rri e r Rp e M inim u m d e p th be lo w 3.J rfa c e O f Pa ve m e n t UNCASED HIGHWAY CROSSING FIGU!t:4 17 of 17 MAGELLAN PIPELINE COMPANY, L.P. GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14 ,,.; ··D U~I 111 1=,T, i,:i CL I: 1" 'l""I .::.:: Cl 1:i I] ll!m No. '"" C,,,"'1y "" ' !.O BLIZATON LS ' CO NTRAC TOR F~NIS l-£0 Sl,IR\-Fl"N3 LS 3 CONSTRUCTION ENTRANCE "' SY CLEAANG. GRUBBN:3. #CJ OEMOLrr()N ACRES ' EXCAVATION(Surfaee toSurface ) 5154 CY 6 E~NT(~toSo.naee ) 2235.57 CY SEOM::NT FL TER LOG 3000 PAva.ENT MARKNGS 256 LF 6" CONCRETE TRAA. (KCt.M3-4K & •· BASE ROCK , .. , SY 6" CONCRETE TRAI.. (KCt.f'.tl-4K) 50 SY 11 1 8" CONCRETE PAVE~NT & 8 • BAS E ROC K 112..91 SY " RF RAP .LG-IT , ur. 1'0EPTH '" SF SEEDN3~STRAWIMT ' ACRES ,. I SOD(t'AO J.-c ENT TOTRAL ) 902 SY 15 j 1S"RCPCut.VERT .. LF 15' RCP FLARED END SECTION ' e,c, RETANNG WAI.L " CY RAL N3 (~TRETANf.lG WAU. LF 19 1 TRAl..tEPD (AAENITES ALLOWANCE) LS 20 _l FORM..NER LS_ NOTE PER \ZI0212t121 fl'l.,\JLFROM MoOOT, ARETNMNGWAI.L & RNUNGCAN8£USE01NS'TEADOI' CIJLVERT EXTENSONS UJ (.9 <( a... u f- iii :i: >< UJ ,'t!-t J-•~ ,.. l •·-• ..,J ·O:. I ~,::.¾.ce, I CONCRETE ~ 1.SY.DOWN STRE,\M 1'I'. - .• _,_____,_.,_,~--'--'.:..'.:,.. .. :..'.-'.•'.>.........:,_ 1.1,J.~ I '-..J-ROCKBASE L ON:::l[)fNTAI.) 1'SOO STRIP ..J '-• TYPICAL SECTION - TEN FOOT WIDTH SLOPE LEFT _J·• ,... l ,.. r,·· ti''r!BER REINFORCED ''zt> 1,] "~;:;~.,.,- J L,.=;;p;~;~~~ -Jt:ODSTl>JP _J,.,.J,p TYPICAL SECTION· TEN FOOT \/v10TH SLOPE RIGHT 4"ROCK8,\SE ~NCIDENTALJ ..J '-• lYPICAL SECTION· TEN FOOT WOTH SLOPE LEFT (WTHIN 5.0' OF EXISTING ROAD) L- lYPICAL SECTION. TEN FOOT WOTH SLOPE LEFT (WITH DRAI NAGE CHANNEL) ..J•lr--+- l EXISTING ROAOW AY . r·1 4"ROCKBASE ONCIDErflALJ -J,~S' ~ ,•SOD STRIP TYPICAL SECTION - TEN FOOT WIDTH SLOPE RIGHT (1/vlTHIN 5.0' OF EXISTING ROAD ) .l!~ ll''FIBER REINFORCED CONCRETE 1.S'J.DOWNST~AAI ' L,'SOD STRIP ~ I L,·sooSTRIP TYPICAL SECTION - TEN FOOT WDTH (VVI THIN DRIP LINE OF TREES TO SAVE) _J,~ MSSOURICl"llTIFICATEOF ~~~~T~~ME~~~'ll~~I 111:i=::: Mee LURE .. 17009M."l~.Su<!e\00 Nom,l(a::ii:~:"h&i\\S F411;.756-17S3 Ankcn rl~,,.o111cbclFcr10oc oc Nor\llLiben ylS,o,,,•C•ty MlK'#I . MO f Columti.a. MO NCl11h Kan1uC~r.NO le~eu, KS C"'-O<I.OHY l~Gl .... ~N D'UI-BY w, - CITY OF RIVERSID$i.MO • VIVION RD TRAIL SEGMENT 1 ITAP-3454(401)) RIVERSIDE, PLA 1 1 E COUNTY, & KCMO CLAY COUNTY J~Y,~b,,~~~fJLQ!";!.·,,Q.\J{'NilTIES 3 OF 26 ,-I '° U~I 111 t,'1 i,:i u. ~ l .. ,-,I <f'#' V #;.~~q-- ,..; ,. ~ Ct I) co N w (.'.) <( Cl. u t:: Ill I X w 70) 770 760_ 750 APPROXl!AATE ~~~T~~=:NG I I I I i~ e ifJfTl 1· ~ ~l· I -- ' 'i I ·- ; ,. - - - .• ,_ ·- ,_ ,,,, ,. " " _,.,,,.,~,, ,,, ,,. ,,. --- - c-- - L --- - ----------- ,-- --r--- ------ -- - , , ' ... -,-' ' _.. ,.•·· ~. ~-~-- ,,, -•· ,. - . ~----= '" -- f- ~ ~ ,..---:::::::::·---=----------=---=-~-=-- - ~ • ------- -::-=: -+--- -- ' -- I • I I ,,..,, I I I I I I I I " t;R0~-~~;1~ I seo-r< '- ,." P~f~4-,00·Q(l&OO 'l.-~ ~ . . ,'$-", ~{'!"~('...,,. "'" ,os"' -~~~~ '.,~;-~.,oo.o<>G·"''·"°' '•"'- WARNING Hl~~:!.~!U~~~(S) Wrl>oule~c,,wd,Sl."11.~0,,e-Call.MID 'l.llhtJu1 ¼~itt.,,Poo rn~11""F'""' NACaLANPrPELINECONPANY,l.P. VE RT .SCA LE ~ 5 2.5 0 r lNST ALI.CON :::CURB ATEOGEOfASPl-lALf ANO CONT INUE TRAIL SURF ACE T08AC KOf """ i WARNING Hl~~::~~!U~~~~(S) Wothou!',\=-=~s:.::~ Al,O NAGEI.LANPIPELINECONPANY.L.P. STA:20+64.99 HPELEV:792,66 PVISTA:20.69.98 PVIELEV:192.75 K:1.50 -~ RIVERSIDE HOLDINGS. INC TRACTJ ~ PR OPO SEOPE.RM ANENT ~ TRAILEASEMENT , I 1 t , 1 '!'-f-. PROPOSED TEMPORARY ~ CONSTRUCTIONEASEMENT 800 780 770 750 11--00 22•00 MISSOJ~ CERTIFIC,,TE Of <;; AUTHORITYNO.E-:l'OOIIOZll'S) ~ 1 ...--. '"'"""~'-""""" ~•~J.;;"c":)'i';"1'~",°"""' "'°""'"'~gCo.H,,:'.%,,';!a,,~,...,,n,,.=•-do•m•. ~- -="' ~0~•" --•• CITY OF RIVERSIQ~MO-VIVIQN RQ TRAIL SEGMENT 1 fTAP-3454(401)] "":"::"'" 11:==--.. MCCLURE"' Norll,~;--;~;ri,e.'::•~6-\116 M~c:o,,.MOlh,h,':'b~a.~O d=~i~,~~rf:'~1~i,eoss~;},:'ri~:;:/;:'/~:;~~ - w ( wi: RIVERSIDE PLA I IE COUNTY & KCMQ CLAY COUNTY S OF 26 F aie-75e-1763 NG<th ~:-:~~~~~- MO surva~:!~~~:~n~~::.ai~i~~i~;~Tl1~~?i~cias. ~-:,:~~=o f!~l~~tJJ;l~EBQftLE~,..sEC.DIS<; 1'1""1 \{f ,.,,,,,/' EX.R-0.WUNE-\/ /! ~---- WARNING HIGH-PRESSURE PIPELINE($) E,cr,atoi:widlo!ec...iuction Pr- ~~=-.,~=:,:~~o MAGELLAN PIPeLINE COMPANY, L.P, '!"'I 'l""I !v 'l""I :.:L 0 ,:, RIVERSIDE HOLDINGS, INC TRACT2 RIVERSlOE HOLDINGS. INC TRACT1 NIGH AS SOCIATES. LLC (") w ('.) <( c, 800 u != [IJ I X 1,0 w 780 170 760 750 -1~ !,~ w< 0> I I --- __ 1 -- . -- - -· -- - --- ,,, -- - -"-'- ,..__ . __ ,, I I I I I I I I I I I '1MACEUAN PIPELINE _J::•:_ 20 c----.:_•.,,,/:"~''" ---~~ GROUND .a PROPOSED PERMANENT TRAIL EASEMENT ., 1 11 1~ 1 PROPOSED TEMPORARY ~ CONSTRUCTION EASEMENT -~I l1 TRA IL CL PROFILE eoo -~~ 790 -r 780 I I I no I I I 760 I I "' ,,.,, za-co 24+00 ,S.00 27+00 21Ml0 MSSO'JRlCERTIFICArEOF ;~~:rr~~MESE~?3~~ llli!:::: Mee LURE'" 1700 Sw1' Av~. S.me 100 NoMl(ai;:;i~~n&111a F81~~1763 M~cnrl Ca,roll I C!ivc I Fon Ooage NorlhLibenylSOJ•C•ly M.1con . MO I ColumbOI, MO NoMKanU$Cdy,M0 l•neu.KS NOTICE =~~1=-~~1..,~;t='S:°::EV~t~~ loues wnoo, a.-.se from taol,,ue to 1;101a ,n and lo• folow tne eng,~· or SU-~~~~:~Of~~i~~rll~ ll=~•\,,~~~~!'~c~,~~c,os, C"'-O<I.DH" V,Cl'II.LN CMAW0.6¥ w, CITY OF RIVERSID!,_MO-VIVION RD TRAIL SEGMENT 1 fTAP-3454(401)] RIVERSIQE;,?LA 1 1 E COUNTY, & KCMQ~CLAY COUNTY f'J.~1tl~.BP..f.!,h.!=~.U«,"",;_ 6 OF 26 'l""I ,.o U1 ,11 i::r, .~ CL orl I! :i 1) 0 I] j . - ~--- "" §~ I STA. = 16•25.00 I ~~~--- 5~~~~r §~ ~~ I STA. = 16 .. 50.00j -.i- w (.') <i:: a.. 0 t:: en I X w -1r--- ' M.-.Ct:1.L,_'I PIPEcLIN!o " ~! I STA. = 10+1s.oo\ ~ --TJ-- """-"'_d - PIPELINE "' "' "' 780 "' t_ --n--- -- M ... CELL.o.N_j_J PIPELINE .. :~ _El Im • u•e>ouJ 717--- _MACEU.ANP PIPEL11'E i~ 1,ji ~: ~ I STA, = 17•50.00 I -7ra - MACELLAN Y PIPELINE ~- ~: ~! I STA. " 17 .. 75,00 I _7jlf _ """'~_j,) PIPELINE ,,, "' 790 "' ~I ~ ~: -- V! -- M:LLAN::;]1- PIPELINE ·• ~i j STA. = 1a .. 2s.ooj ~1=:D~ ~! - .. ""'""~ -- PIPELINE..,~ ~-~ "' gl 780 lsrA. = t9•2S.ool "' I STA. = 18+50.00 I 000 El ; ---~ ;::r-- t.!AGELLAN : PIPELINE u I STA. = \8+75,00 I ---L,ci-- o· ::· MAGEU..o.N » ""'""' 800 ,,, ii" g~ ~: ~~ LEGEND E.llr:tMl=O'JSTINCRICKt,Ol'•WAY sxscc e ElQSllN~ BAQ(Of" c~ EltEA=E.JQSTlNCEOCEOl'ASl"HA!.l I STA. " 11~00.00 I I STA= 18+00.001 VERT. SCALE ~ 10 5 0 10 ~i ! STA. = 19•00.00 I ... :~~ ~~~~1;;:;1 EXPIRESOECEP,19ER31. 1115=:::: Mee LU RE'" 1700 9....rt twe..S,meHJO No,tt,l(a~~!\IO::""&t1111 Flll&-155-1753 AnkcnylC;inDIIC1M!IFor10oa;c Notl~Libc<ly!S>0<.1•C11y M~. MO 1 Columb,a, MO NOIUlitansasCity.MO Lene..,,,l<.S CITY OF RIVERSID.,;.,_MO- VIVION RD TRAIL SEGMENT 1 fTAP-3454(401)] RIVERSIDE, PLA, , E COUNTY & KCMO CLAY COUNTY ~~~.§,f..(:J!Qf,{§..~•uco= 12 OF 26 I,-; r·O b~I 1J,I 0'1 i,;i ~ r. ~ \,' 0 Ct Yt '" ---L~-~y MAGB.LAN ""UN' i~ H I STA. "' !9•50.00 I _780 ---L l _p MACB.lN< PIPELINE LO w (.9 <( a.. u f- a:i I X w ·• i~ B~ I STA. = 19•75.001 800 ---L.t -r. MACELL'-N PIPEUN€ ii_ "' "" ·"' 81' ,., l -:-~f' ~~--- - ~ NAC EUAN ""'""" ii I STA. " 20•2s.ool ---L~_ ~ .. MA3aLAN ai PIPEU~E !i I STA. = 20•50.00[ ---~- - t ~ - ~U.AN PIPELINE 1! 800 '" 800 810_ --· --· -•---~- _ 810 7'0 "' ~ - ~ - ru,N l'IPELINE ... ·t:; :: I STA. s 21•00.001 ~, ~i - ~ ' ''" - PIPELINE ·• ~~ I Si A. = 21•25.00 I l - ~Jt PIPELINE u 810 7'0 "' 7'0 '" 810 800 <' ;: - ~ -..;, - ... '" PIPE UNE ii I STA. = 21•75.001 ~ ---1; - "'"-"" PIPELINE ii I STA. = 22•00.00 I ~ . . - ... ""'""' .,_-~ ~~ ~fr: 800 '" "' 810 810 800 [srA. = w•oo.oo[ ! STA. = 20•75.00 I I STA. = 21•50.00 I I STA. = 22+25.00 I HORIZ.SCALE ~ 20 10 0 20 VERT. SCALE ~ LEGEND ~STING RIGHT-OF-WAY ex eo: ~ EIIIST1N3 BAO( OF CURB EXE1'=E}!lSTINGEOOEOF"Sl>HALT MSSO'JRICERl!F!CATEOF AUTHORITYNQ.E.;>006();>3~ EXARES DECEMBER 31 :>02 111:i=:: Mee LURE'" 1Tllll!iwtlA•"..Sulle1CO NDlffl'<ao;::~~":"n&i11S Fel&-754.171$3 Ml<cny I C~,roll I Cll'lc I Fert OoCI;,: I NOTICE I Norlh Lot>er11I s.,.,.c,iy =';/~=1,~~-~~,%~~:,~o;x/!=to~ Ma=j,~:~~~io ~:j;Ei~t![~E~ifsf~:c~i. 0~="· ~ .... ~-•· CITY OF RIVERSIDE MO· VIVION RD TRAIL SEGMENT 1 fTAP-3454(401 )] - - "" RIVERSIDE PLATTE COUNTY & KCMO CLAY COUNTY ":::;:• CROSS SECTIONS Pl>Q1l)- .... N~l\St<EE1Sl70t)il-CICPN,._l(S(C=.~~O _ l 13 OF 26 ~ {I u1 ,11 lj't ,ti Q.. ~ 'i"'1 ,;t 'F4 •,.• .... 0 0 co I CD w (9 <l:: c, I 0 I- ro I X w _:__~~I -- MM::ELLIIN ' - PIPELINE - I STA. " 22•50.00 I ~; ~, ~i ~ . ''° MAGELLAN - - PIPELINE ~i I STA. " 22 .. 75,00 j 810 800 800 --~ 800 - - '80 '90 "' •• pi';; no '" ii '80 I STA. " 23+50.001 800 --L ,. u l:srA."' 23•7s.ool '90 '80 --L_ '90 L - - "'.'~ ~~ •f I STA. " 24~75.00 I --~ I '90 "' ., ~-! lsrA. = 2~•so.ool 810 800 '90 810 810 810 810 810 -l_ - 800 800 --L _ 800 800 L 800_ - - - - - -- - "' '90 '90 '90 i; ,. c.~ ~i ~I ~~ '80 '80 '" '80 ~~ '" ! STA. = 23+00.00 I I STA. "' 24 .. 00.00 I I STA. = 25•00.00 I __ 810 .800 ,iii et I STA. : 25•50.00 I ~ 800 AONSTWA.Ll HEIGH1'TO _ _ NAINTAIN31 j-......, \ __ 790 ii I STA. ~ 25• 75.00 I '80 '80 ~ AOJUSTWALL HEIGHl"TO _ - NAINTi\lN31 '-. 790 ' \. '80 j.j I srA. " 26•00.ooj LEGEND EX-R.W= exi:mNG RIGHT-OF-WAY EX80C~ EXISTING BACKOf' CURB EXEA:EXISTINCiEOCEOf'.-.sPl,AI.T 810 810 l_ __ 800 "' 'a •• '80 8~ 800 L __ eoo '90 "' .. •• HORIZ,SCALE '" 8,t '80 ~ 20 10 0 I STA "- 24+25.00 I --L 800 I- . " Ba: I STA. = 25•25.00 I IJISSOV RI CERT IFICATEOF AUTI-KlRITYNO.E-200807.!75 E.XPI J:IES DECEM E!ER31 2IJ 111:!i~ Mee LURE'" noo s.,,n 11v e..S.ute100 N~~~!fErn6'1\6 Anlcmy l C11nol I ceee I Fort OoOgc NorlhLlbert1IS101J•Cty Macon. MO I Columb,a. MO NoM Kan •n Clt)'.MO L-o.KS CITY OF RIVERSID!..MO-VIVION RD TRAIL SEGMENT 1 fTAP-3454(401)] RIVERSIDE, PLA 1 1 E COUNTY & KCMO~CLAY COUNTY ~g_OSS J;,,~J,l0QJ:l.§..~·=•= 14 OF 26 EXHIBIT A Recorded in Platte County, Missouri Recording Date/Time: 03/10/2023 at 03:26:23 PM lnstr Number: 2023002325 ti Book: 1390 Page: 562 `‘, o�,oeR..... o,�o�� Type: DE ESMT �; •:�, Pages: 8 Fee: $45.00 S <� 4 : - II 1111111111111111111111111111111111 .�OUniri.��g�''', Grantor: RIVERSIDE HOLDINGS LLC Christopher L.Wright Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds Recording Cover Sheet Title of Document: Trail Easement Date of Document: , , , 2023 Grantor(s): Riverside Holdings, LLC 3725 N Oak Trfwy Kansas City, MO 64116 Grantee's Name City of Riverside, Missouri and Address: 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A. After recording, please return to: City of Riverside Attn: Noel Bennion 2950 NW Vivion Road Riverside, Missouri 64150 1 E k: 1-'-.'9 0 P•a. •a . 5 6 2 TRAIL EASEMENT THIS AGREEMENT,made this day of PIA;' ,+ ,2023 by and between Riverside Holdings, LLC, owner of the property herein described, hereinafter known as "Grantor", and the City of Riverside, Missouri, a municipal corporation, hereinafter known as "Grantee". WITNESSETH, that the Grantor, in consideration of the sum of 410.00 Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Trail Easement over, under and through the following described real estate being and situated in the County of Platte, and the State of Missouri, to-wit: See Exhibit A. Grant of Easement for Trail Facilities Grantee shall have the right to lay out, construct, develop, operate, maintain, identify, bridge, repair,remove or relocate a meandering trail path,to be located within the Trail Easement;to make topographical changes within the Trail Easement for the necessity and convenience of locating the trail and to protect the trail from erosion by the use of bridges, steps,water diversion structures or special trail surface covers or other appropriate measures; to post signs marking the trail footpath; to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species, in order to maintain and enhance the scenic, natural and ecological value of the Trail Easement; mow, cut or remove soil, rock or vegetation; apply gravel, crushed stone, wood chips or paving, or other means of creating the trail surface (if any) and/or identifying the trail's path. These construction and maintenance activities may include vehicular use. Grant of Easement for Public Access Grantee shall have the right to make available to the public a perpetual easement and right-of-way over the Trail Easement and the right to use trail facilities for the purposes of walking,jogging, running,bicycling and like activities,but specifically excluding all motorized vehicles except i)as authorized by Grantee for maintenance, management, police and emergency purposes, or ii) power-driven mobility devices for use by persons who have mobility impairments. Grantee shall have the right to regulate public access to, and activities within, the Trail Easement, provided further that Grantee shall have the right to prohibit public access and use from time to time as deemed necessary by Grantee through the installation of gates or other obstructions, and to limit access by or exclude the public by appropriate means from any portion of the Trail Easement. No Obstruction Grantor shall not construct or place temporary or permanent buildings, gates, signage or other structures upon the Trail Easement or obstruct Grantee's right of passage on the trail within the Trail Easement Area, provided however, that nothing shall prohibit Grantor from otherwise developing Grantor's property in accordance with regular City development regulations. Binding, Covenant 2 E Dc k 1 390 Pa q a 16. The easement granted herein shall constitute an easement running with the land in perpetuity and shall burden the lands described above. Termination In the event that Grantee determines that the Trail Easement is no longer needed or desirable, Grantee may terminate said Easement by written release instrument duly signed by Grantee and fully acknowledged, and recorded in the land records of Platte County, Missouri. This Trail Easement may only be modified or amended by written instrument executed by the parties(or their successors in interest)and recorded in the land records of Platte County,Missouri. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this day of Fc�..M,r ,2023. Riverside Holdings,LLC GRANTO Printed Name: ef C.� "1 Grantor Name 3 Bc.ce k 1390 P'a g a 562 CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By:9(ita&elef/C. Printed Name: Kathleen L. Rose Title: Mayor . v ttt ATTEST Robin Kinc4id, 'ty Clerk 4 E:CBC.. :: 1=19dJ F' .q e 562 STATE OF i1'i t s CI" ) ) ss. COUNTY OF Ct coot ON THIS l—p�p` day of .7 c • 2023 before me personally appeared 4. : of Rivers oldings, LLC, to me known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in cae• County,the day and year last above written. (SEAL) ' 11117 BRENDA D MtCOY Rotary P •Notary sodSTI►Ts OF OF MlssoUR1 Printed N gfs ��, Clay County *Cotmmlsslon Expires:November 25.2023 Commission#19381582 Notary Public in and flir,said State Commissioned in County My Commission Expires: 5 6ccuk 1 759 0 Pa.cia_ 6.2 STATE OF MISSOURI ) )ss: COUNTY OF PLATTE ) ON THIS 7 `' day of 2025,before me,personally appeared the honorable Kathleen L.Rose to me personally own,who being by me duly sworn,did say that she is the Mayor of the City of Riverside, Missouri, a Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside,Missouri. 11S___XTNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in - Mfg County,the day and year last above written. (SEAL) trP(i'' ROBIN L.KINCAID */ c�- My Commission Exdmes Printed Name: Robin Kincaid •' •: March 8,2023 SEAL_ Clinton County Notary Public in and for said State 0`f r Commission#15390631 Commissioned in Platte County My Commission Expires: ,23 6 E;c.c. k: 1 90 P e 562. Exhibit A 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 corner of the Northeast Quarter of said Section 4; thence S 67°44'14"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 67°44'14"W along the last described course,a distance of 58.41 feet; thence S57°52'24"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 S65°35'36"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 S22°15'46"E along a jog 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 67°44'14" 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 S 15°13'15"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 N65°21'14"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 N65°35'43"E,54.25 feet;thence N61°42'07"E, 1.76 feet;thence N57°51'16"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. 7 6,=.c.k_ 1 390 F'-3. ❑._ 5.6 2 PERMANENT TRAIL EASEMENT SG. POINT OF COMMENCING i 35 TEMP. OUT I // \ ' ��n' POINT 245.89'SOUTH 1 �5) OF TFfE NE COR. SC).�" SEC. 4—T50N—R33W \QN RQ P`Q ��pN RD• 40' i �� 7. 557'52 24"W RI* 1111) �PG- 25.16' N5- RD- 3, PGA S65 336.93' 56 4�1 4� 2- title -R Z�oN O S227546'E N- �228, GFLP pEE 4.31' 0 8 /\ 5 POINT OF PG 1,4 GOM01,00 / 5 p .� BEGINNING O 20 \ Aa P� K 567 44414 14W `N57 51161" '\I 31.11' 82.29' eOOQ G�4� 5157315'1V N614207'E �! O 7.49' 1.76' cV m N6521141E N6535431E ^M w 18.73' 54.25' -CO - I a .. GO P• O0- 5159\N Q. o a. A v Ova, N� o1NO° c . �N I< 4 M\S 1.IPR�0•2?PG `f O Gv�cN.\220 P� m W 00 00`` W N - �� ;N 6 j 2 NORTH N^ o �? �•k Q('. 3 4i 0 50 100 a A' • (IN FEET) 1 inch=100 0. tt .'`�ow I I Mrs,,. '' AT - de t:-11:(1 N o,=;PLS•2005019220,- 0 P. Av9, ig, Za zZ f I s a. a. RIVERSIDE HOLDINGS ENGINEER DRAWN BY 1110 VIVION TRAILS M.EBLEN J.BURNETTE a 1700 Senn Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF a North Kansas Gl . bsscuri 64116 S.WHITAKER M c C L U R E Bt6-7S-0444 KANSAS CITY Jwww.mcclurevlsion.com MISSOURI SKETCH NO. COA:2012009395 201353-070 E X H-01 o making lives better EXPIRES'XXXX,XXXX JULY 17, 2022 kJ' , Recorded in Platte County, Missouri Recording Date/Time: 03/10/2023 at 03:26:23 PM Instr Number: 2023002326 Book: 1390 Page: 563 e Type: DE ESMT cc. , I •.N • Pages: g KC- • Fee: S48.00 S �( a; IIII Ell IIII I IIIII If 1II III ``.°•uNr.•'';9'%'' Granlor: RIVERSIDE HOLDINGS LLC Christopher L.Wright Grantee: RIVERSIDE MISSOURI CITY OF Recorder of Deeds Recording Cover Sheet Title of Document: Temporary Construction Easement Date of Document: MA204 �,2023 Grantor(s): Riverside Holdings,LLC 3725 N Oak Trfwy Kansas City,MO 64116 Grantee's Name City of Riverside,Missouri and Address: 2950 NW Vivion Road Riverside,Missouri 64150 Legal Description: See Exhibit A. After recording,please return to: City of Riverside Attn:Noel Bennion 2950 NW Vivion Road Riverside,Missouri 64150 1 [-{ k 1 390 P q ka. 563 TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made this Q day of Ft 1 r a , 2023, by and between Riverside Holdings, LLC, owner of the propey herein described, hereinafter known as"Grantor",and the City of Riverside, Missouri,a municipal corporation,hereinafter known as"Grantee". WITNESSETH,that the Grantor,in consideration of the sum of 110.0 CI Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Temporary Construction Easement in conjunction with the construction of a trail, including but not limited to, landscaping, grading and sloping; the storage of materials; the operation of equipment; and the movement of a working force on, over, along, across, and under the following described real estate being and situated in the County of Platte,and the State of Missouri,to-wit: See Exhibit A. This temporary construction easement shall expire thirty-six (36) months from the date of its execution. Grantee shall restore the ground insofar as practicable to its original condition,after construction of said trail,or any subsequent maintenance or repair operations. IN WITNESS WHEREOF,the said Grantor has caused these presents to be signed this Cl day of �06r...-,� ,2023. 2 EaDr..,Ef 1390 Page 5.63 Riverside Holdings,LLC ("GRANTOR"): By: ...,&e..Ar_ore.._;- Printed Name: 17 / ' S �j �u/ ' "J Title: 2/ y/Z- 3 STATE OF ) ss. COUNTY ON THIS day of -11.1t 202. before me personally appeared �,� ,5 P7r of Riverside Holdings,LLC,to me known to he the person described in and who executed the foregoing instrument on behalf of said limited liability company and acknowledged to me that she/he executed the same with authority on its behalf. IN WHEREOF, I have hereunto set my hand and affixed my seal at my office in IfITNESS ; o. County, the day and year last above written. BRENDA D McCOY (SEAL) Notary Public-Notary Sa ��\ }� \` STATE OP MISSOWU Clay County My Com221.1o0 Bxpion:Novashar251 2223 l� Comroirsioa#193815112 ' Printed Name r` ( Notary Public in an for said State Commissioned in County My Commission Expires: 3 B.Dc' k: 1 390 P'a-cte 563 CITY OF RIVERSIDE,MISSOURI: ("GRANTEE") By: 404..../1/14 kii.L.,Name:Kathleen L. Rose Title: Mayor ATTEST: v Robin Kincaid,Ci :Cleft( STATE OF MISSOURI ) ) ss: COUNTY OF PLATTE ) ON THIS 7 9' day of_ ¢n ok ,2023,before me,personally appeared the honorable lit 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 Missouri municipality, and that said instrument was signed on behalf of said City of Riverside,Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City of Riverside, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at my office in q-f'f•E County, the day and year last above written. (SPUa'- ROBIN L.KINCNO (� .•.NOTARY•0= My Commissbn ExpireS 9.. .-':• Gins 8county Printed Name:Robin I ncaid -'�oFr ' Commission#I5.'390631 Notary Public in and for said State Commissioned in Platte County C----7)/ My Commission Expires: ? aD.2.3 4 E:ri.7)k•:: 1=". O P.3. g 5' 3 Exhibit A 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 corner of the Northeast Quarter of said Section 4; thence S00°23'23"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 67°44'14"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 N22°15'46"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 S67°44'14"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 N20°03'02"W,2.80 feet; thence S68°41'19"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 S 15°13'15"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 N74°46'45"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 N 15°13'15"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 N65°21'14"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 N65°35'43"E, 54.25 feet;thence N61°42'07"E, 1.76 feet;thence N57°51'16"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 67°44'14"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. 5 Ecc'k: 1390 P e 563 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 corner of the Northeast Quarter of said Section 4; thence S67°44'14"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 S67°44'14"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 S22°15'46"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 N65°35'36"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 N57°52'24"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. 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 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 corner of the Northeast Quarter of said Section 4;thence N67°44'14"E along said Southerly right-of-way line,being also along a line 40 feet South of and parallel with the centerline of 6 Cam._. 6-_ 1 :3 9 C0 P a. q.n 5 6 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 SOO°15'05"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 S67°45'01"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°15'51"W, 7.00 feet;thence S67°44'09"W,perpendicular to the last described course,a distance of 28.47 feet;thence N22°15'51"W,perpendicular to the last described course,a distance of 3.46 feet;thence S67°44'09"W,perpendicular to the last described course,a distance of 89.33 feet;thence S22°15'51"E,perpendicular to the last described course, a distance of 7.46 feet; thence S67°44'09"W,perpendicular to the last described course,a distance of 156.16 feet;thence S22°15'51"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 67°44'14"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 NOO°23'23"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. 7 Br.c. I,= 1 15'0 P-3_g e 5. 3 \ \\ MPORARY CONSTRUCTION EASEMENT \\ - ' Line Table 4� Line# Direction Length Line# Direction Length �0 L1 SOO'23'23"W 19.51' L11 N15°13'15"E 30.93' 00 .. L2 S67°44'14"W 52.37' L12 N65°21'14"E 18.73' \ ti p q0 L3 N22°15'46"W 13.00' L13 N65°35'43"E 54.25' O �°OG�p}'� L4 S67°44'14"W 44.90' L14 N61°42'07"E 1.76' O %�2 L5 N20°03'02"W 2.80' L15 N57°51'16'E 82.29' i. 13 ��o�p L6 S68°41'19"W 110.06' L16 N67°44'14"E 224.53' O v`ro2� L7 S07°45'23"E 8.61' L17 S67°44'14"W 61.70' F m co 00 L8 S61°32'56"W 151.42' L18 S22°15'46"E 5.69' `S se R'le L9 S15°13'15"W 32.48' L19 N65°35'36"E 36.93' TSO�3y LIO N74°46'45"W 15.00' L20 N57°52'24"E 25.16' 31N W W POINT OF BEGINNING i TEMP. CONST. ESMT. m POINT 245.89'SOUTH 8 OF THE NE COR. 80c) R SEC. 4—T50N—R33W m S C. _ E. LINE `�� `E. LINE E 4 T50N—R33W �—"''\ y BK. 1228, PG. 792 a ' • �?�C 0, S S © .071 z o Z SN �� O 5. W FC 4 NFy 13 \ c� 0 o�cr27 NORTH rs q �� o ON rn a�20 200� 0 50 100 a �`9v'!Z v y�0 0 0 S �. 0 9 o — (IN FEET) ��Itlil�f� A' G�os'O O 1 inch= 100ft. F�(�`,,,r t t �� , S.O,� \\ Z W �?:' �o� ft ry IT -, - OF \\ w o 8. : U M B R :6 DINT G S '\ 4NE PL P N1N �� F. eir n- S•2005019220;44,17, ass'.,, 0 ich, BEGIN Il� \\ R�NFP'sr e PG. c94 by, pvy. / zQ Z sro v w M O a.a. / RIVERSIDE HOLDINGS,LLC ENGINEER DRAWN BY I110 VIVION TRAILS M.EBLEN J.BURNETTE a 1700 Swift Street.STE 100 REVISIONS EASEMENT SURVEYOR CREW CHIEF M C L U R E North Kansas Gty�6Lssou,641,6 i C '" 916.76414s4 KANSAS CITY S.WHITAKER www.mcclurevislon.com MISSOURI SKETCH NO. COA:2012009395 201353-070 E X H-02 o making lives better. EXPIRES:XXXX.xxxx AUGUST 16,2022 B k_ 1 IT.9 0 F•_a•g e. 16 TEMPORARY CONSTRUCTION EASEMENT 0 \----1 NE Cs-. , ' L3 Line Table BK. 1248\ • Line# Direction Length PG. 48\ `; ® E.UNE i ( 40 BK. 1248 L1 N67°4414"E 420.72' 9 PG. 48 0 L2 S00°15'05"W 15.02' L � L8 %O.4, L3 S67°45'01"W 1.54' \.. ZipG p L4 N22°15'51"W 7.00' \e::-) 2 ; l,Alti L5 S67°44'09"W 28.47' I �O ` aSti0 Tp L6 N22°15'51"W 3.46' 70 \$ Wit," L7 S67°44'09'W 89.33' 1. \ C. ; I 9��` L8 S22°15'51"E 7.46' S �R \ 10 nA "�0 L9 S67°44'09"W 156.16' 7. �C3 T�iV ltiy IFOr a L10 S22°15'51"E 7.24' I R3311/ v to L11 S67°44'14"W 199.38' co L12 N00°23'23"E 19.51' I �POINT OF BEGINNING \ � - o TEMP. CONST. ESMT. \r w POINT 245.89'SOUTH a. OF THE NLINE-\ E COR. �� BK.1 248 SEC. 4—T50N—R33W \la PG 48 N L12 Z E. LINE � SEC. 4—T 50N—R33W te' NORTH Li t o I $ sTllik g o so 100 S �$G I sF g g C ti 'A: (IN FEET) 4 �7 \ V)-1. 0 1 inch=100ft. 0 CP9��O O \� Orrrrrrr S /� 70 St • CI r'r: � , ti i I .STEVj, .; - �a 2 I 1 wr _ o,,:.PLS•2005019220: 4 �/S/ /,rr•rrrrr, ,,%- � D rRIVERSIDE HOLDINGS,LLC ENGINEER DRAWN BY 11101 VIVION TRAILS M.EBLEN J.BURNETTE aImo Swift Street,STE 100 REVISIONS EASEMENT SURVEYOR CREW CHEF M C L U R E North Kansas Cit .Missour16a116 . S.WHITAKER C a18-75Y6ris4 KANSAS CITY www.mcclurevislon.com MISSOURI SKETCH NO. COA:2012009395 201353.070 E X H-01 o making lives better. EXPIRES:XXXX.XXXX AUGUST 16.2022