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HomeMy WebLinkAbout2002-111 - Agreement Regarding Contributions by Landowners for 50th Street ImprovementsBILL NO. 2002-111 ORDINANCE NO. 2002-i l 1 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT REGARDING CONTRIBUTIONS BY LANDOWNERS IN CERTAIN INSTANCES FOR IMPROVEMENTS TO 50TH STREET WHEREAS, the City of Riverside, Missouri ("City") has conp-acted to make certain improvements to a section of SOIh Street west of Gateway Drive in Riverside, Missow-i (the "Improvements"); and WHEREAS, the City has reached an agreement with the landowners whose property fronts on the portion of 50th Street to which the Improvements are to be made regarding amounts to be paid by the landowners, upon the occurrence of certain development events, to assist in payment of the cost of the Improvements. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section I. The City of Riverside shall enter into the 50th Street Improvement Contribution Agreement, wherein Gale Woods Development LLC and Gary and Marilyn Sue Lilly, upon the occurrence of certain events, will make payments to the City in the amount provided therein (the `Agreement"). Section 2. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~ day of September, 2002. ,~ .B~_ , Mayor~- ATTE C~ Clerk !_:_) 1~ Cr"1 _~ G~ ~~ ..J 50`~ Street Improvement Contribution Agreement by GRANTORS (For purposes of this cover sheet only) Gate Woods Development LLC, 5503 N.W. Fox Hill Road, Parkville, Missouri 64152; and Gary and Marilyn Sue Lilly, 3315 NE 50`" Street, Riverside, Missouri 64150 GRANTEE (For purposes of this cover sheet only) City of Riverside, Missouri having an office at 2950 N.W. Vivion Road, Riverside, Missouri 64168. Relating to Premises in: Platte County, Missouri SEE EXHIBITS AI & A2 FOR LEGAL DESCRIPTION DATED: As of September 17, 2002 pk'n~'.Q JI_ J^'~~-I !'i :! .. 50TH STREET IMPROVEiVIENT CONTRIBUTION REEMENT ~~da of ~ 02 between TH1S AGREEMENT is made as of the y -' Riverside, Missouri 64168, THE CITY Oh RIVERSIDE, MISSOURI, 2950 N.W. Vivion Roa , a Missouri fourth-class city and municipal corporation (the "City") and GATE WOODS Parkville, Missouri 64152, a Missouri DEVELOPMENT LLC, 5503 N.W. Pox Hill Road, limited liability company (`'Gate Woods"), and GARY & MARILYN SUE LILLY, 3315 NW 50th Street, Riverside, Missouri 64150 ("Lilly") (Gate Woods and Lilly are from time to time collectively referred to as the "Owners"). RECITALS "The City is a fourth class municipality of the State of Missouri ("State") duly organized and validly existing. The Owners are the title holder in fee simple of certain property described in Exhibits "~.- y p p rty collectivel the "Benefited Property") 1, the Gate Woods property, and A-2 the Lill roe ( Y~ which is adjacent to, adjoins, borders and/or is related to a certain portion of that roadway known as 50th Street in Riverside, Missouri, described in Exhibit B, which portion of the roadway is referred to in this Agreement as the Improvement Area and which is further defined below; 50th Street is hereinafter referred to as the "Street." The City and the Owners desire to effect certain improvements (the "Improvements") to a portion of the Street (the "Improvement Area"), which Improvement Area is described in Exhibit C, in order to allow greater access, service, and development opportunities, and, in addition, each party has agreed to a method of contribution, as described below, for payment of costs for such Improvements to the Improvement Area. The Owners desire to agree, pursuant to the terms of this Agreement, to pay for costs of the Improvements to the Improvement Area if development, as defined below, occurs on the Benefited Property. Attached hereto as Attachment A is a map which depicts the easements to be granted hereunder and references to certain stations which are further referenced in this Agreement. The parties desire to enter into this Agreement to further define their respective rights and obligations in comrection with the Improvements to the Improvement Area. ~~ (- fl !- (~ n n 4' AGRREM~NT NOW THEREFORE, in consideration of the promises and covenants contained in this Agreement, the parties agree as follows: Owners' Representations. In order to induce the City to enter into this Agreement, each Owner makes the following representations and warranties, which shall survive the execution and delivery of the Agreement: (a) Gate Woods is duly organized tinder the laws of the State of Missouri and has the power and authority to transact the business in which it is engaged or presently proposes to engage. (b) Gate Woods has the corporate power to execute, deliver and carry out the terms and provisions of this Agreement and each Owner has taken or caused to be taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement. (c) Owners are the fee simple owners of I00% of their separate portions which comprise the Benefited Property. (d) Owners will take no action nor will Owners cause any action to be taken which would in any way reduce or eliminate in any manner any obligation of Owner hereunder other than by fill performance of such obligation. (e) The Owners are not in default under any indenture, mortgage, deed of trust, agreement or other instrument to which they are a party or by which they may be bound. Owners will comply with all indentures, mortgage, deeds of trust and other instruments relating to the Benefited Property and will take all actions to ensure that the obligations of Owners hereunder remain in full force and effect until paid in full. Neither the execution and delivery of this Agreement, nor the consummation of the transactions herein contemplated, nor compliance with the provisions hereof will violate any law or regulations, or any order or decree of any court or governmental instrumentality, or will conflict with, or result in the breach of, or constitute a default under any indenture, mortgage, deed of trust, agreement or other instrument to which Owners are a party or by which they may be bound, or result in the creation o~F imposition of any lien, charge or encumbrance upon any of the property of Owners thereunder, or violate any provision of the Operating Agreement of Owners, if applicable. (~ There are no actions, suits or proceedings pending, or to the knowledge of Owners threatened, instihrted against or affecting Owners before any court, arbitrator or governmental or administrative body or agency which might result in any material adverse change in the business, operations, properties or assets or in the condition, financial or otherwise, of Owners. Owners arc not in default in any material respect under any applicable statute, rule, order, decree or regulation of ~~r~~~_~ r~~L_ n ~ any court, arbitrator or governmental body or agency having .jurisdiction over Owners. (g) Each Owner represents that it understands that the City is relying on the Owners' representations and agreements set forth herein and that the City would not wrdertake the Improvements without such representations and agreements. 2. Improvements. Subject to the terms and conditions of this Agreement, the City shall cause the design of the Improvements as set forth on Exhibit C, with such changes as are approved by the City, request bids, execute Construction Contracts and provide ordinary maintenance pursuant to general City policy regarding the Improvements to the Street, commencing on September ~, 2002. ;. Initial Payment of Costs. The City shall initially fimd the payment of the cost of the Improvements, including Improvements to the Improvement Area, pursuant to a construction contract (the "Construction Contract") entered into between the City and the company selected by the City for construction of the Improvements. The Owners shall reimburse the City for that amount determined according to the contribution described below at Section 4(b) upon the occurrence of a Triggering Event (defined below), if any. 4. Q~wner's ~biigation for Payment. (a) Triggering Event. An Owner shall become obligated under this Agreement to pay that amount in Section 4(b) upon the happening of a Triggering Event. For purposes of this Agreement, a "Triggering Event" shall mean: (i) as to Li11y, the development of any portion of the Benefited Property west of station 18 as depicted on Attachment A hereto, by the application for, and issuance of, a building permit for construction of a new single-family or two-family dwelling (as defined by City Code) or the construction of a road or street which attaches to the Street; and (ii) as to Gate Woods, the development of any portion of the Benefited Property adjacent, adjoining or connecting to the north side of the Street from station 13 (as depicted on Attachment A hereto) west by the application for, and issuance of, a building permit for new construction or the construction of a road or street which attaches to the Street. (b) Contribution. Should either Owner cause a Triggering Fvent, it or he shall pay to the Ciry the amount of $21,500.00, payable prior to the issuance of the building permit. The occurrence of a Triggering Event which affects one Owner shall in no manner discharge or relieve the other Owner of its obligations hereunder to make a payment of $21,500.00 should such other Owner cause a subsequent Triggering Event to occur. 5. Term. This Agreement shall be in effect from the date first entered above until a date thirty (30) years from the date first entered above. J:~C LIGNTSVG 149? ~00003UC0? 95?dd.DOC ) (. Allowable Access for Lilly. The City shall cause to be made one (1) driveway cut off of the Street for use by Lilly to connect asingle-family residence to the Street. This driveway cut is in addition to the four (4) driveway cuts for houses existing prior to the Improvements. 7. Vacation of Certain Portions of Street by City. The City hereby agrees to and shall, upon execution of this Agreement, begin and complete the process for vacating that portion of the street described in Exhibit D (the "Vacated Portion") pursuant to all applicable state, local and other laws and regulations, and subject to any existing utility easements which shall remain in place and unaffected. The City, by and through its Mayor, City Administrator or other authorized official or appointee, shall undertake to execute all documents and to take all actions necessary to legally and fully vacate the Vacated Portion. The City shall convey the Vacated Portion to the Owners as required by, and pursuant to, applicable State laws. g. Grant of Permanent and Temporary Easement/Right-of-Wa}'• (a) Gate N'oodr G~~ant. Gate Woods hereby grants to the City the exclusive right-of- way and easement, legally described on Exhibit E hereto, for the City to use to construct and complete the Improvements to the Street (the "Gate Woods Street Easement"). Gate Woods hereby further grants to the City a temporary easement for the City to construct, use, enjoy and occupy that portion of the Benefited Property improved, altered or otherwise physically affected by the Improvements, such easement as described on Exhibit I~ hereto (the "Gate Woods Construction Easement"). Gate Woods hereby agrees and acknowledges that it shall obtain a release of lien for both the Gate Woods Street Easement and the Gate Woods Construction Easement within ten (10) days of the date of this Agreement. (b) Lilly Grant. Lilly hereby grants to the City the exclusive right-of--way and easement, legally described on Exhibit G hereto, for the City to use to construct and complete the Improvements to the Street (the "Lilly Street Easement"). Lilly hereby further grants to the City a temporary easement for the City to construct, use, enjoy and occupy that portion of the Benefited Property improved, altered or otherwise physically affected by the Improvements, such easement as described on Exhibit H hereto (the "Lilly Construction Easement"). Lilly hereby agrees and acknowledges that he shall obtain a release of lien for both the Li11y Street Easement and the Lilly Construction Easement within ten (10) days of the date of this Agreement. 9. Default. Any of the following shall constitute an "Event of Default": (a) if d liti is of an bOwnedret the Crtyewh n and as1theasaIn eilshalltbecon~e dtue and hab Y payable; (b) If default shall be made in the performance or observance of, or shall occur under, any covenant, agreement, or provisions contained in this Agreement; or J ACLILN75V61J93~00003\F02952dJ.DOC 4 ~,~;0~~~5~Gy~74 (c) if any representation or warranty or any other statement of fact herein, shall be false in any material respect or misleading in any material respect. 10. Kemedies. Upon any Event of llefault or other breach of this Agreement, the City shall be entitled to all remedies and law and equity, including, without limitation, the right to condition the issuance of building, grading or other permits upon full payment of any amount due under this Agreement. In furtherance of the foregoing: (a) The City may proceed to protect and enforce its rights or remedies either by suit in equity or by action at law, or both, whether for the specific performance of any covenant, agreement or other provision contained herein, or to enforce the payment of the hereunder or any other legal or equitable right or remedy. (b) No right or remedy herein conferred upon the City is intended to be exclusive of any other right or remedy contained herein, and every such right or remedy shall be cumulative and shall be in addition to every other such right or remedy contained herein or now or hereafter existing at law or in equity or by statute, or otherwise. (c) No course of dealing between the City and the Owners or any failure or delay on the part of the City in exercising any rights or remedies hereunder shall operate as a waiver of any rights or remedies of the City and no single or partial exercise of any rights or remedies hereunder shall operate as a waiver or prelude the exercise of any other rights or remedies hereunder. 11. Obligation of Successors and Assigns. This Agreement shall run with the land. All of the covenants, agreements and conditions set forth in this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns and all subsequent Owners of all or any part of their respective Benefited Property. Nothing in this Agreement, expressed or implied, is intended to confer upon any third party any rights or remedies under or by reason of this Agreement. `Chis Agreement shall be recorded and/or filed with the appropriate government office, agency or department so that all parties will have reasonable notice of this Agreement upon an appropriate and reasonable search of the records of such government office, agency or department. 12. Notices. Any notice or other communication required, permitted or contemplated by this Agreement must be in writing and may be given by delivery via a nationally recognized overnight delivery service or by United States Mail, postage prepaid, or registered or certified mail, return receipt requested, and shall be deemed delivered when so deposited addressed as follows: To City: City of Riverside ?950 NW Vivion Road Riverside, Missouri 64150 Attn: David Blackburn, City Administrator J:~CLIENTS~G 1 19 3100 00?\Y:039~2d I.DOC 5 ~~~ ~'`~SPG~874 with a copy to Phone: (816)741-3993 Faa: (816)746-8349 Stephen A. Crystal. Esq. Armstrong Teasdale LLP 2345 Grand Boulevard, Suite ?000 Kansas City. Missouri 64108 Phone: (8l 6) 221-3420 fax: (816) 221-0786 "I~o Owners: Gate Woods Lilly Notice given in any other manner shall be deemed delivered when actually received. Any party may change its notice address by giving the other parties written notice of such change. 13. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of Missouri without regard to conflict of law statutes. 14. Amendments. This Agreement may not be amended or modified except by a written instrument signed by the party against whom enforcement of such amendment or modification is sought. 15. Interpretation. Where required for proper interpretation, words in the singular shall include the plural, and words of any gender shall include all genders. The descriptive headings of the articles and sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 16. Waiver. No waiver by any party of any of its rights or remedies under this Agreement shall be considered a waiver of any other or subsequent right or remedy. No waiver by any party of any of its rights or remedies under this Agreement shall be effective unless evidenced by a written instrument executed by the waiving party. 17. Entire Agreement. This instrument contains the entire agreement among the parties and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. ):ACLIEN7~SV61 d9?V00003VC0?9524a. DOC 6 ~~;(~~-~S~GGB~~ GARY & MARILYN SUE LILLY _. ,---., ,~ ~~ ~ "~ ~~ Gary Lilly ~~ ~ /~' _.:'; j i'. ~ ~ 1 ,•=~ ~, r , ~ .~ - Marilyn Sue Lilly ACKNOWLEDGEMENTS STATE OF MISS URI ) ~j~~ ~ S S COUNTY OF ~~jj~/~~j On this ~~" "day of _~~ 2002, before me appeared Betty Burch to me ersonall known, who, being b me duly sworn, did say that she is the Mayor of CITY OF P y RIVERSIDE, MISSOURI, a Missouri municipality, and that said instrument was signe m behalf of said municipality by authority of its Board of Aldermen, and said Betty Burch acknowledged said instrument to be the free act and deed of said municipality. In Testimony Whereof, I have hereunto set my hand and aff xed my official seal in the and State aforesaid, the day and year first above '~ ritten. My Co nission Expire: ~~~ ~-=E-"~ . ~ ~ Notary P>~~lic t CANDY GRAM Notory Public - Notory Seal Stole of Missouri STATE OF MISS JRI ) PiotteCounty SS My Commission Expires Dec. 21, 2005 COUNTY OF ) On this ~~day of _002, before me appeared Jim Tr_imble_to me personally known, who, bein by me duly sworn, did say that he is a Member of Date Woods Development, L.L.C., a Missouri limited liability company, and that he executed the foregoing document as a Member of the Company, and he acknowledged that he executed the same as the free act and deed of the Company. N ary Public My ommission Expires: LOUISE F. RUSICK /+ ~/ Q f10 ~ Notary Public -Notary Seal c~ (J p( ~/ ~ State of Missouri Platte County My Commission Expires Aug, 28, 2005 -; r~6~ J-~CLI[h'TSV61992~D0002VI:0_9~2d9.DOC t~ rr11,/ ~ r n ~ i'~. ~~ .i STATE OF MISS IRI ~ SS COUNTY OF ~ ~~ 2002, before me appeared Lillie Trimble to On this ~,~ ~, day of me personally known, who, bet g by me duly sworn, did say that she is a Member of Gate Woods Development, L.L.C., a Missouri limited liability company, and that she executed the foregoing document as a Member of the Company, and she acknowledged that she executed the same as the free act and deed of the Company. . ~G• o ry Public My~pmmissiou Expires: ST~E OF M1SS URI ~ SS _-_'L~ ~. ~~.~~• LOUISE F. RUSICK Notary Public Notary Seal State of Missouri Piave County My Commission Expires Aug. 28, 2005 ^A COUNTY OF ~ /~l ..002, before me appeared Ralph Schmude to On this _~~ day of me personally known, who, bei n ~ mined liabil tyrcomtpany, and hhat h executed theafore ood~ Development, L.L.C., a Missou document as a Member of the Company, and he acknowledged that he executed the same as the free act and deed of the Company. N ary Public My mmiss/ion/E~ xpir/es: ~:~c~ttiN'rs,~ i ~9?,ooooa~>;oz~i?aa.ooc `~ LOUISE F. RUSICK Notary Public -Notary Seol State of Missouri Platte County 25 2005 My Commission Erpiie~ ~~,~ra~:~ fit. ~i y ~ ~ ;~~ ~~ STATE OI' MISS RI ) SS COUNTY OF ) On this day of ~ 2002, before me appeared Sandra Schmudeto me personally known, who, bei g by me duly sworn, did say that she is a Member of Gatc Woods Development, L.L.C., a Missouri limited liability company, and that she executed the foregoing document as a Member of the Company, and she acknowledged that she executed the same as the free act and deed of the Company. N ary Public VI~/~ommission Expires: ~~{ LOUISE F. RUSICK •/ Notary Public -Notary Seal Slate of Missouri Platte County My Commission Expires Aug. 28, 2005 S ATE OF MISS~~RI ) COUNTY OF /~~~' ) On this //`'" day of ___- 2002, before me, the undersigned, a Notary Public, personally appeared Gar illy, to me known to be the same person described in and who executed the foregoing instrument and acknowledgement that he executed the same as his free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m notarial seal on the day and year last above written. ~ ~ ~ id~ ~ Public My ~ ommis 'o Ex ires:~ D LOUISE F. RUSICK Notary Public Notary Seal Slate of Missouri Platte County My Commission Expires Aug, 28, 2005 1aCL1GNl S~.Gla9?`.00007`,K029~2~14DOC I 0 ~,};~j,~S~G~?874 STATE OF MISSO I ) COUNTY OF _~ ) ~/ da oI' _002, before me. the undersigned, a On this ` Y Notary Public, personally appeared M ilyn Sue Lilly, to me known to be the same person described in and who executed the foregoing instrument and acknowledgement that she executed the same as her free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto s my hand and affixed my notarial seal on the day and year last above written. ~ ~/ . N ary Public ,~/~~ My Commission Expires: LOUISE F. RUSICK Notary Public -Notary Seal State of Missouri ~~D~ Platte County My Commission Expires Aug. 28, 2005 J:rCLIFNl'SVG I J92r0000",1:07953 3~1 DOC I I THIS INDEN'T'URE, made on the daY of A.D., One Thousand Nine Hundred and Seventy-eight, by and between MARK ALBERT NIGRO and BEVERLY S. NIGRO , husband and wife, and BILL ANTHONY NIGRO and KATHERINE A. NIGRO, hu sband and wife, of the;~County of Platte, r-, State of Missouri, parties of the first part~and JAMES G. TRIMBLE ~;:~ and LILLIE CRAIG TRIMBLE, as tenants in r©mmon, of the County of ~ - ~ Platte, State of Missouri, parties of he second part, (Mailing ad- c-= a dress of said first-named grantee s '-~ .); WITNESSETH: THAT THE "'SID PAP.TIES OF 'PHE FIRST PART, in consid- eration of the sum of E DOLLAR ($1.00) and other good and valuable f consideration to t m-paid by said parties of the second part (re- c ceipt of which hereby acknowledged), do.by these presents, Grant, CC u Baa~gain and 11, Convey and Confirm unto the said parties of the ~ second part, their heirs and assigns, the following described lots, tracts and parcels of land lying, being and situate in the County of Platte and State of Missouri, to wit: All that part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, described as follows; c, ~~ ~~` ~ ~~~ r l~ . _, 4 Beginning at a point on the North line of the Southwest Quarter of the Southwest Quarter of Section 33, Township 51, Range 33; Platte Coun- ty, Missouri, said point being 515.52 feet (530.64 feet by deed) East of the Northwest corner of the Southwest Quarter of the South- west Quarter of said section 33; thence South 371.99 feet to a point on the Centerline of a county road; thence South 80° East, along said centerline, 123.36 feet; thence South 60° East, 264.0 feet; thence South 55° East, 198.0 feet; thence East 274.91 feet to a point on the East line of the Southwest Quarter of the Southwest Quarter of Section 33, Town- ship 51, Range 33; thence North 0° 05' 50" West alohg said East line 637.54 feet to a point on the North line of the Southwest Quar- ter of the Southwest Quarter of said Section 33; thence North 89° 53' 43" West, along said North line 786.18 feet to the point of begin- ning. ~~~~ ~3~F~~r~874 ,.,, 18 Payment of Legal Fees. Should any party be required to obtain legal counsel or institute any legal action or proceeding including an action seeking injunctive relief in order to enforce its rights under this Agreement, the non-prevailing party in such legal proceeding shall pay all of the prevailing party's asceriainablc damages, including court costs and reasonable attorney's fees. 19. Further Acts. The parties agree to sign any instruments and perform other acts and things reasonably necessary or desirable to give full effect to this Agreement. ^0. No Partnership or Joint Venture. Nothing contained in this Agreement shall be construed to make the parties partners or ioiut venturers or to render any of the parties liable for the debts or obligations of any other, except as in this Agreement expressly provided. IN WITNESS WHEREOF, the parties execute this Agreement as of the date first indicated above. CITY OF RIVERSIDE, MISSOURI )zz l~ l-~? c c,ke,fL- Betty Burgh; Mayor ATTEST: L ise Rusic ity Clerk APPROVED A~~O FORM: Crystal, City Attorney GATE WOODS DEVELOPMENT LLC ~ /~ `~ ~, , n de, Member t mble, Member Sandra Schmu-de, Member ,- - ~ ~ ,.. ~„ _-~ Lill3~eTrimbte, Membe~ I ACL[ENTSV6149?V0000?VI:0295244.DOC 7 ((}} i~ ~ ' " ~ r~~r'874 ~\ 1 1 .~ J I J '~, i EXHIBIT B: llESCRIPTION OE iOTH STREET ~Oth Street (the '`Street-')_ for purposes of this Agreement, is that public road commonly known as 50th Street in the City of Riverside extending West firom flit intersection of ~Oth Street and NW Gateway Drive. J 1CLIPNTSVV I d92~00003V60?95244.DOC j 4 fH161 SOS-164 P-z Sep OS OZ OS:1Hp Park~~ille Law Gentre 0 I 1 ~ I ~ ~~ ;~_-----__..___~. ~ ~~ ~, I1 ~ ~~ ' .~I ~'~i ~, ` ~ 1 i ~' c ~ ~ ~ ~,~ I/ I f~ ~ ~ '. i i i ~ ~~ :.{ ~ J it l.: t; -O C~ Q ~~ ~~ '~~~i~;0~~~~~FG~~B~~ GIHIBIT C: llESCRIPTION OF IMPROVEMPNT AREA 1,CLIENTS`.G 1492'0000?'.60'_9~?44 DOC ~ 5 J C r' V ~~ U ~. 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Pd e ~~ d K' A 9 '' I \ 'j "dC=~~K,i ~ ~ ~A ~ _ ~-~- ,y~ fr,,, /o ~ O rt ~ ~ i ~, ~~~ ,' ~ ~~ i i ~ ~ ~~~ / ~ Y/y3~_z / - 4 l~ n - c~ ,.J~r'`u ~ ~ lcA cl5`~w Jr J ~. > . 5~, atA ~ L ?' , ~ - v r~ 7~ ^L a . ~ ~ ~~ / i i ~~~~,y ,~ ,~- „Y ~~;~~1~~~,5FG~~8~4 EXHIBIT D: DESCRIPTION OF VACATED PORTION ~r,c~iev~~s~r i ~~ez~ooooz,~:oa~sz-~.~ noc 16 ~~~"'~5°~:~874 1u~y 26, Zoo2 >/E~AL DESCRIPTION PROPOSED RIGHT-0F-WAY VACATION N.W. 50~~~ STREET C1TY OF RNERSIDE PLATTE COUNTY, MISSOURI All that part of the SW 1/4 of Section 33, Township ~1 N, Range 33 W, now in the Ci[y of Riverside, Platte County, M~sso»n, snore particularly described as follows: Commencing at the Southwest corner of Lot 7, IIANSEN HEIGHTS, a subdivision of land now in the City of Riverside, Platte County, Missouri; thence N 0° 27' 26" E, along the West line of said Lot 7, a distance of 633.33 feet, to a point on the South right-of-way line of N.W. 50`~ Street, as now established; thence N 89° 25' 12" W, along the South right-of-way line of said N.W. 50`t Street, a distance of 186.59 feet, to the true point of beginning of subject tract; thence continuing N 89° 25' 12" W, along the South right-of-way line of said N.W. 50`h Street, a distance of 96.41 feet; thence N 54° 25' 12" W, along the South right-of-way line of said N.W. 50'~ Street, a distance of Z] 1.58 feet; thence N 59° 25' 12" W, along the South right-of-way line of said N.W. 50`~ Street, a distance of 253 feet; thence N 79° 25' 12" W, along the South right-of-way line of said N.W. 50`x' Street, a distance of 233.96 feet, to a point on the East right-of-way line of Interstate Route No. 635, as now established; thence Northerly, along the Fast right-of-u~ay line of said Interstate Route No. 635, said line being a curve to the right having a radius of 2699.79 feet. a central angle of l ° C3' 4] "and whose initial tangent bearing is N 10° 57' 42" E, a distance of 50.01 feet; to a point on the North right-of-way line of said N.W. 50`~ Street; thence S 79° 25' 12" E, along the North right-of-way line of said N.W. 50`~ Street, a distance of 241.98 feet; thence S 59° 25' 12" E, along the North right-of-way line of said N.W. 50`~ Street, a distance of 20 feet; thence Southerly, Southeasterly, Easterly and Northeasterly, along a curve to the left having a radius of 50 feet, a central angle of 159° 51' 42" and whose initial tangent bearing is S 30° 34' 47" W, a distance of 139.51 feet, to a point of reverse curvature; thence Northeasterly; Easterly and Southeasterly, along of curve to the right having a radius of l4 feet, a central angle of 77° 21' S2" and whose initial tangent bearing is N 50° 43' OS" E, a distance of 18.90 feet, to a point of tangency; thence S 51 ° 55' 03" E, a distance of 27.48 feet; thence S 51 ° 47' 04" E, a distance of 100.13 feet; thence S 52° 02' 1 l " E, a distance of 100.11 feet; thence S 54° 43' 49" E, a distance of l00 feet; thence S 72° 43' 14" E, a distance of 69.54 feet; thence S 77° 07' 03" E, a distance of 3?.59 feet, to the true point of beginninb of subject tract. The above described tract of land contains 24,145 square feet, more or less. By Larry D. Graham, MO LS-2057 July 26, 2002 P:A103731VLEGAL.ARiversidctrou v~c~lioawpd EXHIL~IT D EXAIBTT E: DESCRIPTION OF GATE WOODS STREET EASEMENT ~.~c~.ir.NTS~eu~z~ooona~soz»zaa noc 17 ~~p~~~',~95PG>>8~ ~+ YI/RMANEN`I' RICH"h-OF-WAY F;ASEMEN"I' All that part of the SW 1/4 of Section 33, Township 51 N, Range 33 W, now in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southwest corner of Lot 7, HANSEN HEIGH'T'S, a subdivision of land now in the City o1 Riverside, Platte County, Missouri; thence N 0° 27' 26" E, along the Wes[ line of said Lot 7, and its Northerly extension, a distance of (8333 Ceet, to a point on the North right-of-way line of N.W. 50~~' Street, as now established; thence N 89° 25' 12" W, along the North right-of-way line of said N.W. 50~~ Street, a distance or 178.40 feet, to the true point of beginning of sub~ect tract. thence continuing N 89° 25' 12" W along the North right-of-way line of said N.W. 50" Street, a distance of 88.73 feet; thence N 54° 2S' 12" W, along the North right-of-way line of said N.W. ~0`~' Street. a distance of l98 feet; thence N 59° 25' 12" W, along the North right-of-way line of said N.W. 50`~ Street, a distance of 244 feet; thence Northeasterly, Easterly and Southeasterly, along a curve to the right having a radius of 50 feet, a central angle of 97° 30' 10" and whose initial tangent bearing is N 30° 34' 47" E, a distance of 85.09 feet, to a point of tangency; thence S 51° ~5' 03" E, a distance of 274.39 feet, to a point of curvature; thence Southeasterly, along a curve to the left having a radius of 475 feet and a central angle of 23° 04' 22", a distance of 191.28 feet, to the true point of beginning of subject tract. The above described tract of land contains 14878 syoare feet, more or less. EXHIBIT E ~~,K!~~~95PG~8~4 E1HII3IT F: DESCRIPTION OF GATE WOODS TEMPORARY EASEMENT is~ci.~r;~TS~eiae~,ooooa,~:oz~saaa.~oc 18 PK[}<<g5PG0874 TEMPORARY CONSTRUCTION EASEMENT All that part of the SW 1/4 of Section 33, "i'ownship 51 N, Range 33 W, now in the City of Kiverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southwest corner of Lot '7, HANSEN HEIGHTS, a subdivision of land now in the City of Riverside, Platte County, Missouri; thence N 0° 27' 26" E, along the West line of said Lot 7, and its Northerly extension, a distance of 683.33 feet, to a point on the North right-of-way line of N.W. ~0`t' Street, as now established; thence N 89° 25' 12" W, along the North right-of-way line of said N.W. 50`~ Street., a distance of 267.13 feet; thence N 54° 25' 12" W, along the North righ~- of-way line of said N.`vV. 50`~ Street, a distance of 198 feet; thence N 59° 25' 12" W, along the North right-of-way line of said N.W. 50`~ Street, a distance of 244 feet, to the true point of beginning of subject tract; thence continuing N 59° 25' 12" W, along the North right-of-way line of said N.W. 50`t' Street, a distance of 20 feet thence N 79° 25' 12" W, along the North right-of- wav line of said N.W. ~0'~' Street, a distance of 12.91 feet; thence N 1 ]° 07' S0" E. a distance of ?9.90 feet; thence N 87° 17' 19" E, a distance of 58.7? feet; thence S 51 ° 5S' 03" E, a distance of ~0 feet thence Northwesterly, Westerly and Southwesterly, along a curve to [he left having a radius of 50 feet, a central angle of 97° 30' J 0" and whose initial tangent bearing is N S 1 ° SS 03" W, a distance of 85.09 feet, to the true point of beginning of subject tract. The above described tract of land contains 2222 square feet, more or less. EXHIBIT F R,K(~~~S~G+~81~a EaHII31T G: DESCRIPTION OF LILLY STREET EASEMENT ~:~c~.iFhrs~~ u~s~oaooz~ha~~sza~i.~oc l 9 DESCRIPTION OF LILLY PERMANENT EASEMENT All that part of the SW1/4 of Section 33, Township 51 N, Range 33 W, now in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southwest corner of Lot 7, HANSEN HEIGHTS, a subdivision of land now in the Cit_v of Riverside, Platte County. Missouri; thence N 0° 27' 26" E, along the West line of said Lot 7, a distance of 618.33 feet; to a point 1~ feet South of the South right-of-way line of N.W. 50`x' Stree[; as now established, said point also being the b-ue point of beginning of subject tract; thence continuing N 0° 27' 26" E, alone the West line of said Lot 7, a distance of 1~ feet, to a point on the South right-of-way line of said N.W. ~0`~ Street; thence N 89° 2~' 12" W, along the South right-of-way line of said N.W. ~0`~' Street, a distance of 186.9 feet; thence S 77° O1' S4" E, a distance of 69.92 feet, to a point 1~ feet South of the South right-of-way line of said N.W. 50`~ Street; thence S 89° 2S 12" E, along a line 15 feet South of and parallel with the South right-of-way line of said N.W. 50`~ Street, a distance of 118.34 feet, to the true point of beginning of subject tract. The above described tract of land contains 2287 square feet, more or less. EXHIBIT G ~KC"~ aSPG~~8~~ E~HISIT II: DESCRIPTION OF LTLLY TEMPORARY EASEMENT 7 ACLIGNTSVG 1492V0000]~60?95244 DOC 7 Q ~~C,~:~~PG~lSl4 TEMPORARY CONSTRUCTION EASEMENT All that part of the SW1/4 of Section 33, Township 51 N, Range 33 W, now in the City of Riverside, Platte Count}', Missouri, more particularly described as follows: Conunencing at the Southwest corner of Lot 7, HANSEN HEIGHTS, a subdivision of land now in the Ciry of Riverside, Platte County, Missouri; thence N 0° 27' 26" E, along the West line of said Lot 7, a cstance of X93.33 feet, to a point 40 feet South of the South right-of-way line of N.W. 50`~ Street, as now established, said point also being the true point of beginning of subject tract; thence continuing N 0° 27' 26" E, along the West line of said Lot 7, a distance of 2~ feet, to a point 1~ feet South of the South right-of-way line of said N.W. 50`~ Street thence N 89° 2~' 12" W, along a line 15 feet South of and parallel with the South right-of-way line of said N.W. ~0`~' S^-eet, a distance of 70 feet, to a point hereinafter refen-ed to as Point "A"; fllence S 0° 27' 26" W, a distance of 25 feet, to a point 40 feet South of the South right-of-way line of said N.W. 50`~ Street; thence S 89° 2S 12" E, along a line 40 feet South of and parallel with the South right-of way line of said N.W. 50`~ Street, a distance of 70 feet, to the true point of beginning of subject tract ...and also ...All that part of the SW1/4 of said Section 33, more particularly described as follows: Commencing at aforementioned Point "A"; thence N S9° 25' 12" W, along a line 15 feet South of and parallel with the South right-of-way line of said N.W. 50`x' Street, a clistanee of 48.34 feet, to the true point of beginning of subject tract; thence N 77° O1' S4" W, a distance of 69.92 feet, to a point on the South right-of-way line of said N.W. 50`~ Street; fllence S 59° 06' 39" E, a distance of 79.26 feet thence N 0° 16' ll" E, a distance of 25 feet, to the true point of beginning of subject tract. The above described tract of land contains 2603 square feet, more or less. EXHIBIT H ~3~,~::z~SPG~?87~ ATTACHMENT A 1:~CLIENTSV61 ~192V00002~K0'_'952-t~f DOC '~ Metropolitan Title & Escrow, LLC United Missouri Bank Escrow Account 700 NE R. D. Mize Road r<ansas cny, Missouri 64151 Blue Springs, MO o4D14 File : 305050D15 env Twenty One Thousand Five Hundred and 00.100 Dollars ~,{ City of Riverside °oF`R Re: 50th Street Contribution (1304) SDth Street Contribution - S2i,500.00 Escrow Officer : Billie Middleton u^ L ?8 7 211 ~: i0 X00069 5~: 98 7 ~ 48 _ _ _ United Missouri Bank Metropolitan Title & Escrow, LLC File : 3DSD5001 ~ Buyer : DKS, LLC Seller :Gary Lilly; Marilyn S. Lilly Escrow Officer :Billie Middleton Property Address :3315 NVV SDth St. Riverside, t~40 04151 (1304) 50th Street Contribution - 521,5DD.00 Payable to: City of Riverside Re: 50th Street Contribution DATE ~~ RECEIVED FROM I~1 OFOR REfdT ~J J~ 17-s72 17-872 Date 8/1/2005 ~ **"~21,500.00 Dale 8!1 /2005 $ **~~21,500.00 LL~ ~~~/ SSE" LL ~' E~ ~~FOR ./ ~v ~~ -c (~ ~ ACCOUNT OCASH w PAYMENT ~ ,j l~C•,y~ CHECK BAL. DUE '. d OORDER T~ ~/ 7-~7Z ~E: 50°' Street Contribution Improvement Contribution .Mreemeni Dated: August 1. 300 This hereby clears Gar~~ and Marili~n Suc Lille and successors and/or heirs of further costs for the improvement of ~0t1' Street A«reement dated September 17, 3002. Bi:099~PG0874 Payment in the amount of $21,00 is attached. This payment relieves Gary Sinla and/or Assigns, al:a as DKS. LLC., for any monies due pertaining to thisagreement. 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