HomeMy WebLinkAbout2001-079 - Sale of Property to the Levee DistrictBILL NO. o~~®,~~9
ORDINANCE NO. - ~~~~~ ~~
AN ORDINANCE APPROVING THE SALE OF PROPERTY TO THE LEVEE
DISTRICT FOR THE L-385 LEVEE PROJECT; AND AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING
THERETO.
WHEREAS, the City and the Levee District have been working on the L-385 Levee Project
which will provide flood protection to existing commercial buildings and infrastructure as well as
vacant property within the City;
WHEREAS, flood protection is necessary for the health, safety and welfaze of the City;
WHEREAS, the Levee District is required to acquire certain easements, rights of way and
other interest in property owned by the City which the Corps has determined is necessary for the L-
385 Levee Project (the "Property"); a legal description and the conditions of sale aze set forth in the
documents attached as Exhibit A ("Documents");
WHEREAS, due to the importance to the public interest of the L-385 Levee Project and the
flood protection which will be provided, the City desires to sell the Property to the Levee District
for Ten Dollazs ($10.00);
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
SECTION 1. The sale of the Property to the Levee District is approved and the execution
and delivery of the Documents in substantially the forms attached as Exhibit A with such changes
as the Mayor shall agree, the execution of the Documents being conclusive proof of such agreement,
the performance of City obligations under the Documents, and the executions and delivery of all
documents and the performance of all actions related thereto aze approved, authorized and directed.
SECTION 2. The Mayor and the City Clerk are authorized and directed to execute such
documents and take such actions as aze necessary or desirable to effectuate the intent of this
Ordinance.
SECTION 3. This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED THIS ~/ ~~DAY OF ~'~~. 1 ;~ iii , 2001.
ATTE,~x ~/ /)
/~ ~ ~: ~
\ ~ ~
i ,, '~
_e~~~ f?~l<: J~_-1
~,,
City Clerk ~`'° Mayor
ATTACHMENT TO
ORDINANCE 2001-79
The Riverside-Quindaro Bend Levee District of Platte County, Missouri
("Levee District") is a levee district organized pursuant to Chapter 245,
RSMo. (the "Levee District Act"). The Levee District Act requires that the
Levee District file a petition setting forth all of the lands and easements
required by the Levee Project.
The Levee District tiled such a petition setting forth the easements, rights-
of-way and other real estate rights relating to Tracts 27, 43, 44, 45 and 46
identified by the Corps to construct and carry out the Levee Project (such
real estate interests being the "Levee Project Easements and Rights-of--Way
Property").
Therefore, in lieu of acquiring the Levee Project Easements and Rights-of-
Way Property by contract, the Levee District acquired the Levee Project
Easements and Rights-of--Way Property by paying to the Clerk of the
Circuit Court of Platte County, Missouri, the award for such takings set
forth in the Commissioners' Report, as amended and confirmed by the
Court by order dated October 23, 2001. The award set forth in the
Commissioners' Report was 510.00 as agreed by ordinance of the City.
REAL ESTATE AGREEMENT
THIS AGREEMENT, made as of the Effective Date, between Riverside-Quindaro Bend
Levee District of Platte County, Missouri, having an address ofP. O. Box 168, 303 Marshall Road,
Suite 1, Platte City, Missouri 64079 ("District") and CITY OF RIVERSIDE, having an address
of 2950 NW Vivion Road, Riverside, MO 64150 and P. O. Box 9135, Riverside, MO 64168
("Seller").
RECITALS
A. The District is a duly and validly created levee district under the laws of Missouri.
B. In the area generally known as the Quindaro Bottoms of Riverside, Missouri (the
"Unprotected Area") there is approximately 1,800 acres ofdeveloped and undeveloped land located
on the north bank ofthe Missouri River along Interstate 635 at Highway 169, which is currently only
protected from Missouri River floods by an agricultural levee which is more than 10 feet below the
100 year flood plain and as recently as 1993, the entire Unprotected Area was flooded resulting in
extensive damage to existing businesses and industry.
C. A levee which is a portion of the proposed L-385 Levee Project will provide
protection to the western portion of the Unprotected Area against a 500-year flood ("Quindaro
Levee") and a levee which is a portion ofthe proposed L-385 Levee Project will provide protection
to the eastern portion of the Unprotected Area and the City of Riverside's business district from a
500-year flood ("Riverside Levee"). (The Quindaro Levee and the Riverside Levee are collectively
referred to as the "Levee".)
D. The Levee is approved for construction by the United States Army Corps ofEngineers
(the "Corps") as Project L-385 (the "Levee Project").
E. The Levee is necessary for the protection of the existing commercial buildings,
infrastructure and jobs in the Unprotected Area as well as opportunities for substantial development
after completion of the Levee Project.
F. The District has executed a Project Cooperation Agreement ("PCA") with the Corps
in connection with the Levee Project.
G. It is anticipated that the Property (defined below) will be needed for the construction
of the Levee.
H. The previous owner ofthe Property was Trillium Corporation, a Washington corporation
("Trillium").
1. Trillium Corporation; the City ofltiverside; the Riverside-Quindaro Bend Levee District
of Platte County, Missouri; the Tax Increment Financing Commission of Riverside, Missouri; Platte
County and the Missouri Development Finance Board, entered into the L-385 Intergovernmental
Agreement on September 16, 1997, pursuant to which Trillium agreed to donate the Property to the
Levee District.
J. The City of Riverside commenced a condemnation action to acquire the Property,
together with approximately 500 additional acres, on November 18, 1999.
K. The City of Riverside is now the owner of the Property.
L. It can only be finally determined that the Levee Project will proceed once bids for the
construction of the Levee Project (collectively, the "Bid") are received.
M If a bid that falls below the construction cost cap limit ("Acceptable Bid"), is received
by the District and the Corps, the Levee Project will move forward and the District will move
towards closing on property needed for the construction of the Levee.
N. The rights-of--way to be taken forthe Levee was appraised at $50,636.00; $55,157.00;
$12,802.00; $75,478.00; and $97,937.00, respectively for Tracts 27, 43, 44, 45 and 46.
O. Due to the importance to the public interest of the Levee Project and the flood
protection which will be provided to the City's residents, the City desires to sell the required property
rights-of--way to the Levee District for Ten Dollars ($10.00)
AGREEMENT
Section 1. The PropertX. For the price and upon and subject to the terms, conditions and
provisions herein, Seller shall sell and convey to the District and the District shall purchase from
Seller, the following right, title and interest of Seller in the property, a legal description of which is
set forth on the attached Exhibit A:
a. Right-of--Way Conveyance for Permanent Right of Way, as further described on the
attached Exhibit B-I;
b. Right-of--Way Conveyance for Flood Protection Levee Easement, as further described
on the attached Exhibit B-II; and
c. Right-of--Way Conveyance for Temporary Work Area Easement, as further described
on the attached Exhibit B-III;
d. Right-of--Way Conveyance for Drainage Easement, as further described on the
attached Exhibit B-IV.
e. Relocation Utility Corridor Easement, as further described on the attached Exhibit B-
V (collectively "Property").
Section 2. Subject Clauses. The District agrees to take title to the Property subject to existing
easements. The District reserves the right to relocate any and all utilities, railroads or pipelines either
within the existing easements, or the utility relocation easement acquired by District, or within other
-2-
easements in favor of District. The amount being paid hereunder shall be for the interests taken in
the Property, whether fee, easement, license, etc. but is not intended to cover any relocation costs.
Section 3. Earnest Monev and Purchase Price.
a. The purchase price ("Purchase Price") to be paid by the District to Seller is Ten
Dollars ($10.00), payable as follows:
i. Ten and No/100 Dollars ($10.00) (the "Deposit") within five (5) business
days after the execution and delivery of this Agreement by Seller to the District.
Such amount shall be held by the Title Company (defined in Section 9 below) in an
escrow account. At Closing, the Deposit shall be paid to Seller as full payment for
the Property or otherwise, to the party entitled to receive the Deposit in accordance
with this Agreement. The Deposit shall be held and disbursed by the Title Company
pursuant to that Escrow Agreement which the parties have executed simultaneously
with this Agreement. If all of the conditions to the District's obligation to purchase
the Property have been satisfied or waived in writing by the District and if the
District should fail to consummate this transaction for any reason other than Seller's
default, failure of a condition to the District's obligation to close, or the exercise by
the District of an express right of termination granted herein, Seller's sole remedy in
such event shall be to terminate this Agreement and to retain the Deposit as liquidated
damages pursuant to Section 15, Seller waiving all other rights or remedies in the
event of such default by the District. The Deposit shall promptly be returned to the
District in the event of a Seller default hereunder (but not as the District's sole
remedy in such event) or if the District elects to terminate this Agreement pursuant
to an express right herein granted or failure of a condition.
b. The parties stipulate that this Agreement may be submitted to the Commissioners and
that as long as the Agreement is in effect, neither party will present evidence to the Commissioners
or the Court which is inconsistent with the provisions of this Agreement.
Section 4. Taxes and Assessments. Seller shall pay all taxes, general and special, and all special
assessments, against the Property which have accrued and are a lien on the Property ("Taxes") and
can be paid at the date of closing and the District shall assume all of such taxes and assessments, and
installments of unpaid special assessments (exclusive of rebates and penalties) becoming due and
accruing thereafrer, except that such taxes payable during the calendar year in which the deed is
delivered shall be prorated between Seller and the District on the basis of said calendar year, as of
the date of delivery to the District of the deed. If the amount of any such tax or assessment to be
prorated cannot then be ascertained, proration shall be computed on the amount thereof for the
preceding year.
Section 5. Utility Rental and Maintenance Prorations. Utility charges, if any, shall be
apportioned between Seller and District as of the day next preceding the Closing Date on the basis
of meter readings taken on such date. The term "Utility" shall include, but is not limited to, gas,
water and electrical service.
-3-
Section 6. Ins ections and Tests b District. At any time and from time to time during the term
ofthis Agreement, the District and its agents, employees, contractors, and representatives, shall have
the right, privilege, and license to enter upon the Property for the purpose of making any and all tests,
inspections, investigations, feasibility studies, surveys, soil test borings, etc., of any kind or nature
which the District, in the District's sole discretion, desires, including without limitation: (i) tests with
respect to the conditions of the soil; (ii) feasibility studies; (iii) verification of information requested
by Corps; (iv) the nature and extent of all restrictions and/or requirements imposed by any federal,
state, county, or City building departments, highway departments or other governmental agencies,
including without limitation environmental laws, rules, and regulations and all costs ofcomplying with
any of the foregoing; and (vi) physical inspection of the site and approval thereof All such tests,
inspections, investigations, feasibility studies, surveys, etc. shall be done at the District's sole cost and
expense. Such tests, inspections, investigations, feasibility studies, surveys, etc., include, but shall
not be limited to the right to drill test holes, dig test pits, and to obtain core samples. In the event that
the results of these tests, inspections, investigations, feasibility studies or surveys, etc., are not
satisfactory for any reason in the District and the Corps sole and absolute discretion, the District may
terminate this Agreement. Pursuant to Section 7(a)(2), the District may terminate this Agreement
by notifying Seller, in writing of the unsuitability of the Property on or prior to the Determination
Date.
Section 7. Conditions Precedent to District's Obligation To Close.
a. Notwithstanding anything in this Agreement to the contrary, District's obligation to
complete Closing under this Agreement is contingent upon the following conditions being satisfied
thirty (30) days prior to the solicitation for Bid for the construction ofthe Levee Project under the
PCA or such other date as the District and the Corps may agree ("Determination Date") unless such
condition is waived, in writing, by the District in its sole and absolute discretion:
(1) Appraisal ContingencX. The District receives an appraisal from a certified
appraiser acceptable to the District and the Corps, prepared in accordance with the applicable
rules of just compensation as specified by the Corps, certifying that the value of the Property
is equal to or exceeds the Purchase Price, all as required under the PCA and accepted by the
Corps.
(2) Inspection Results: The District shall have until the Determination Date to
notify Seller in writing of the unsuitability of the Property in which case this Agreement shall
terminate and the Deposit shall be returned to the District.
(3) Title Work: Receipt of the survey of the Property and completion of title
work with respect to the Property, acceptable to the District in its reasonable discretion.
(4) Counsel's Satisfaction: The form and substance of all certificates and
documents to be delivered by Seller shall be reasonably satisfactory in all respects to counsel
for the District.
-4-
b. Notwithstanding anything in this Agreement to the contrary, the District's obligation
to complete Closing under this Agreement is contingent upon the following conditions being satisfied
immediately prior to and at the Closing unless such condition is waived, in writing, by the District
in its sole and absolute discretion:
(1) Receipt of Acceptable Bid: The receipt by the Corps of an Acceptable Bid
or Bids for the construction of the entire Levee Project.
(2) Renresentationsand Warranties True at Closing: The representations and
warranties of Seller contained in this Agreement and all other Closing documents shall be true
on and as of the settlement date with the same effect as though such representations and
warranties had been made on and as of such date, and there shall be no breach of any said
representations or warranties.
Section 8. Closing Date. The closing shall take place within fifteen (15) days after an Acceptable
Bid is received by the Corps, or such other date as the parties shall agree upon in writing (the
"Closing" or "Closing Date"); provided, however, in no event shall Closing occur later then the day
prior to the award of the contract associated with the Acceptable Bid. The reasonable, standard and
ordinary closing and escrow charges ofthe Title Company shall be paid by the District unless Closing
shall not occur because of the failure of a party to perform hereunder, in which event such
nonperforming party shall pay such charges.
Section 9. Survey and Title Insurance. The District may cause a survey of the Property to be
performed in order to determine any change in the exact legal description of the Property, which
survey shall conform with the standards of the American Land Title Association and be acceptable
to the Title Company for purposes of removing the survey exception. Upon completion of the
Survey, Seller and the District shall mutually agree, in writing, upon the legal description to be
inserted as Exhibit "A" hereto based upon the Survey. Said approved revised legal description shall
also be provided to Title Company for its use in issuing the Title Commitment (as defined below in
this paragraph) and inserted into the Right-of--Way Conveyance documents. The District shall cause
to be prepared a commitment for the title policy (the "Title Commitment") to be issued by a title
company authorized to issue title insurance in Missouri (the "Title Company"). Any matters
specifically identified on the Title Commitment to which the District does not object to in a written
statement delivered to Seller on or prior to ten (10) days prior to the Determination Date shall be
deemed to be accepted by the District. Seller shall have until the Determination Date in which to
make any corrections to matters to which the District has objected to in writing by the written
statement. If such matters are not corrected by the Determination Date, the District's sole remedy
shall be either (a) accept such title as Seller is able to deliver, with reasonable diminution of the
Purchase Price, or (b) terminate this Agreement by written notice to Seller. If the District does not
so notify Seller, the District shall be deemed to have waived its right of termination and shall be
deemed to have approved all such matters set forth in the Title Commitment, and this Agreement shall
remain in full force and effect and the parties shall proceed to close this transaction according to the
terms of this Agreement. Upon such termination of this Agreement under this Section, the Deposit
shall be returned to the District and neither party shall have any further obligation under this
-5-
Agreement. District shall bear all expense for both the preparation of the Title Commitment and the
owner's title policy to be issued thereunder.
Section 10. Seller's Warranties and Representations. As a material inducement to cause the
District to enter into this Agreement and deposit the Deposit as provided for by Section 3 above,
Seller represents to the District that:
a. Authority. Seller has the authority and power and has obtained any and all consents
required therefor to enter into this Agreement and to consummate and/or cause to be consummated
the transactions provided for by this Agreement. Each and every person signing this Agreement and
all related documents on behalf of Seller is authorized to do so. This Agreement has been and all
documents to be executed by Seller pursuant to this Agreement will be, authorized and properly
executed and does and will constitute the valid and binding obligations of Seller, fully enforceable
against Seller in accordance with their respective terms.
b. Organization. Seller is (X)' duly organized and existing in good standing under the
laws of Missouri and has the power to own and convey title to its properties and assets and to carry
on its business as now being conducted, and is duly qualified to do business and is in good standing
in every jurisdiction in which the nature of its business makes such qualification necessary; or ( ) '
an individual(s) with the power and authority to own and convey title to property and assets; or
(_)' the trustee(s) of a validly created trust with the power and authority to own and convey title
to property and assets.
c. Title. Seller has good and marketable fee title to the Property. The Property shall
at Closing include without limitation all right, title and interest, if any, of Seller and any affiliate of
Seller in and to any land lying in the bed of any street, road, highway, or avenue, open or proposed,
in front ofor adjoining all or any part of the Property and all strips, gores, orrights-of--way, lakebeds,
streams, riparian rights, and easements, in front ofor adjoining all or any part of the Property as set
forth on the attached Exhibits B.
d. No Encumbrances. The Property will be free of any and all encumbrances and
liabilities as of the Closing Date.
e. Conflict. Consummation of such transaction will not breach Seller's partnership
agreement, shareholders' agreement, corporate charter, by-laws, etc, or any other agreement or
document to which either Seller or the Property is bound. There is no agreement to which Seller is
a party or, to Seller's knowledge, binding on Seller which is in conflict with this Agreement. There
is no action or proceeding pending or, to Seller's knowledge, threatened against or relating to the
Property or which challenges or impairs Seller's ability to execute or perform its obligations under
this Agreement.
1Check one.
-6-
f. Comaliance With Laws. All of the Property and the existing uses of the Property,
are in compliance with all applicable laws, ordinances, rules, regulations and requirements of all
governmental authorities having jurisdiction thereof, including, without limitation thereto, those
pertaining to zoning subdivision, building, housing, safety, fire and health.
g. Relocation Benefits. Seller has been advised of relocation benefits under Public Law
91-646.
h. Withholding Obligation. Seller's sale ofthe Property is not subject to any federal,
state or local withholding obligation of the District under the tax laws applicable to Seller or the
Property.
i. Environmental. Seller has no knowledge of any violation of Environmental Laws
related to the Property or the presence or release of Hazardous Materials on or from the Property.
The term "Environmental Laws" includes without limitation the Resource Conservation and Recovery
Act and the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA")
and other federal laws governing the environment as in effect on the date ofthis Agreement together
with their implementing regulations and guidelines as of the date of this Agreement, and all state,
regional, county, municipal and other local laws, regulations and ordinances that are equivalent or
similar to the federal laws recited above or that purport to regulate Hazardous Materials. The term
"Hazardous Materials" includes petroleum as defined in CERCLA and any substance, material waste,
pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law.
Section 11. Escrow Agreement. Seller shall execute and deliver to the District, within five (5)
business days of its execution of this Agreement, the Escrow Agreement, in substantially the form
attached as Exhibit C. Seller shall take all other actions and execute all other documents necessary
or desirable to effectuate the intent ofthis Agreement or the Escrow Agreement.
Section 12. Closing Documents.
a. On or prior to the Determination Date, Seller shall deliver to the Title Company the
following:
(i) Seller's Right-of--Way Conveyance documents; and
(ii) Seller's assignment of all security and other deposits and all rents and other
income due or attributable to the period of time after the Closing Date relating
to the Property or any person(s) occupying the Property; and
(iii) Seller's notice to its tenants terminating all leases and any and all other
occupancy rights which notice shall be provided by Seller to its tenants at
least ten (10) days prior to the Closing Date; and
(iv) Any and all necessary corporate or other organizational documents approving
and authorizing the transactions contemplated herein, evidence of existence,
-7-
organization, and authority ofSeller and the authority ofthe person executing
documents on behalf of Seller, all reasonably satisfactory to the District and
the Title Company; and
(v) An affidavit in customary form, if required by the Title Company, for the
deletion of the general printed exceptions for mechanic's liens and parties in
possession; and
(vi) The latest paid real estate and personal property tax bills or receipts
evidencing payment thereof; and
(vii) A Foreign Investment in Real Property Tax Act certificate executed by Seller
(if Seller fails to provide the necessary affidavit and/or documentation of
exemption on the Closing Date, the District may proceed with withholding
provisions as provided by law); and
(viii) Any other documents reasonably necessary to consummate the transaction as
contemplated herein, including any required by the Title Company.
b. On or prior to the Determination Date, the District shall (i) provide evidence
satisfactory to the Corps that the funds necessary to pay the Purchase Price have been deposited into
an escrow account and such funds shall be transferred to the Title Company upon the receipt of an
Acceptable Bid; and (ii) deliver to the Title Company any documents that the Title Company may
reasonably require for the proper consummation ofthe transaction contemplated by this Agreement.
Section 13. Brokers Commissions. The parties acknowledge and represent that no entity is entitled
to a commission, finder's fee or other like compensation arising in any manner from this Agreement.
Each party agrees to defend, protect, indemnify and hold the other party harmless from and against
any claim for commission or finder's fee by any person or party who alleges that it was engaged or
retained by such party, or that, at the request of such party, it was the procuring cause or instrumental
in consummating this Agreement.
Section 14. Delivery of Possession. Seller represents that the Property LX~Z has no tenants or
other persons in possession; or (~Z has the following tenants or other persons in possession:
Seller will, prior to closing, remove its property and quit the premises. Seller
covenants that Seller will ensure that all tenants and other persons in possession shall remove their
property and quit the premises by that certain date selected by the District which date may be the
Closing Date or any date thereafter as long as the District provides Seller with at least fifteen (15)
days prior written notice of such date.
ZCheck one
-8-
Section 15. Default. In the event of a default by the District, which default is not cured within
thirty (30) days of written notice thereof from Seller to the District or such longer period as shall be
reasonably required to cure such default (provided that the District has commenced such cure within
said 30-day period, and diligently prosecutes such cure to completion); then Seller may, at its option,
declare a default, and retain the Deposit as liquidated damages (as its sole remedy). The parties have
agreed that Seller's actual damages, in the event of such a default by the District, would be extremely
difficult or impractical to ascertain. Therefore, by executing this Agreement, the parties acknowledge
that an amount equal to the Deposit has been agreed upon, after negotiation, as the parties' reasonable
estimate of Seller's damages in light of the circumstances existing as of the date hereof. The parties
agree that Seller shall not be entitled to any additional damages or other relief in the event of such
a default hereunder by the District. In the event of a default by Seller, which default is not cured
within ten (10) days of notice thereof from the District, then the District may, at its option, declare
a default and pursue any and all remedies available to the District at law or in equity including but
not limited to specific performance.
Section 16. Merger. It is understood and agreed that all understandings and agreements heretofore
made between the parties with respect to the Property are merged into this Agreement which alone
fully and completely expresses their agreement; that the same is entered into after full investigation;
and that neither party is relying upon any statement or representations not embodied in this
Agreement made by the other. This Agreement may not be changed orally and all of the stipulations
contained in this Agreement are to apply to and bind the successors and assigns of the respective
parties.
Section 17 Notices. Any notice given or required to be given under this Agreement, unless
otherwise provided, shall be in writing and shall be given by certified or registered mail, directed as
follows, and shall be deemed to have been given when so mailed:
To Seller: City of Riverside & City of Riverside
2950 NW Vivion Rd. P. O. Box 9135
Riverside, MO 64150 Riverside, MO 64168
with a copy to: Stephen A. Crystal, Esq.
Armstrong Teasdale LLP
2345 Grand, Suite 2000
Kansas City, Missouri 64108
Phone: 816-221-3420
Fax: 816-221-0786
To the District: Bob Gieseke, Chairman
Riverside-Quindaro Levee District
5406 Northwood Road
Kansas City, Missouri 64151
-9-
with a copy to: R. Michael McGinness, Esq.
McGinness & Shaw
P. O. Box 168
303 Marshall Road, Suite 1
Platte City, Missouri 64079
Phone: 816-858-2630
Fax: 816-431-5086
Any such notices shall be either (a) sent by certified mail, return receipt requested, in which case
notice shall be deemed delivered three business days after deposit, postage prepaid in the U. S. Mail,
(b) sent by overnight delivery using a nationally recognized overnight courier, in which case it shall
be deemed delivered one business day after deposit with such courier, (c) sent by telefax, in which
case notice shall be deemed delivered upon transmission of such notice, or (d) sent by personal
delivery. The above addresses may be changed by written notice to the other party; provided,
however, that no notice of a change of address shall be effective until actual receipt of such notice.
Copies of notices are for informational purposes only, and a failure to give or receive copies of any
notice shall not be deemed a failure to give notice.
Section 18. Time of Essence. Time is of the essence of this transaction.
Section 19. Further Assurances. In addition to the acts and deeds recited herein and
contemplated to be performed, executed and/or delivered by Seller to the District at Closing,
Seller agrees to perform, execute and deliver, but without any obligation to incur any additional
liability or expense, on or after the Closing any further deliveries and assurances as may be
reasonably necessary to consummate the transactions contemplated hereby or to further perfect the
conveyance, transfer and assignment of the Property to the District.
Section 20. Survival. All obligations of Seller which by their nature involve performance in any
particular after the Closing Date, or which cannot be ascertained to have been fully performed until
after the Closing Date, shall survive the Closing Date.
Section 21. Successors. This Agreement shall inure to the benefit of and bind the parties and their
respective successors and assigns.
Section 22. Headines. The headings in this instrument have been inserted for convenience of
reference only and shall in no way modify or restrict any provision hereof, or be used to construe any
of such provisions.
Section 23. Invalidity and Waiver. If any portion of this Agreement is held invalid or
inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be
deemed valid and operative, and effect shall be given to the intent manifested by the portion held
invalid or inoperative. The failure by either party to enforce against the other any term or
provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce
against the other party the same or any other such term or provision.
-10-
Section 24. Governing Law. This Agreement shall be governed by the laws of Missouri without
regard to its conflict of laws statute.
Section 25. Counteruarts. This Agreement maybe executed in any number of counterparts, each
of which shall be deemed to be an original, and all of such counterparts shall constitute one and the
same Agreement. To facilitate execution of this Agreement, the parties may execute and exchange
by telephone facsimile counterparts of the signature pages.
Section 26. Entire Agreement. This Agreement contains the entire agreement between Seller and
the District, and there are no other terms, conditions, promises, undertakings, statements or
representations, express or implied, concerning the sale contemplated hereunder.
Section 27. Effective Date. The Effective Date of this Contract shall be the latest date upon which
any party to this Agreement executes this Agreement; provided, however to become effective, this
Agreement must be executed by the Seller and delivered to the District within 10 days of the
District's execution of this Agreement, unless such date is extended by the District in writing.
[The remainder of this page is left intentionally blank.]
-11-
NOW, THEREFORE, the parties execute this Agreement the date set forth below next to
each parties respective signature.
Date:
ATTEST:
Secretary
ATTEST:
Name: Louise Rusick
Title: City Clerk
DISTRICT
RIVERSIDE-QUINDARO BEND LEVEE
DISTRICT OF PLATTE COUNTY, MISSOURI
By:
SELLER
CITY OF RIVERSIDE
By:
Name: Betty Burch
Title: Mayor
-12-
EXHIBIT A
OWNERSHIP I LEGAL DESCRIPTION
NO. PERMANENT RIGHT OF WAY
Ownership No. I All that part of fractional Section 7, Township SO North, Range 33 West, in the City of Riverside, Platte County,
27 Missouri, being more particularly described as follows:
Commencing at the Northeast Comer of the Northwest Quarter of said fractional Section 7, said point being marked'bv
a 1-I/4 inch outside diameter iron pipe; [hence North 89° 23' S5" West, along the North line of the Northwest Quarter
of said fractional Section 7, a distance of 1,402.50 feet to [he True Point of Beginning; thence South 00° S I' 2I" West a
distance of 238.68 feet; thence South 02° 14' 2l" West a distance of 307.73 feet; thence South 00° 38' 34" West a
distance of 714.73 feet; thence South 70° 58' 47" East a distance of 79.82 feet; thence South 89° 24' S5" East a distance
of 93.17 feet; thence South 00° 38' 36" West a distance of 29.57 feet to a point on the South line of the Northeast
Quarter of the Northwest Quarter of said fractional Section 7; thence North 89° 23' S5" West, along the South line of
the Northeast Quarter of the Northwest Quarter of said fractional Section 7 and the Westerly prolongation thereof, a
distance of 986.34 feet to a point on [he East line of a 150.00 feet right-of-way of the Missouri River Levee as
described in the Report of Commissioners for Quindaro Bend Drainage District in Circuit Court Book A-6, Page 1 10.
and a Trustees Deed az described in Document Number 29531, in Book 351, Page 35, at the Platte County, Missouri,
Recorder of Deeds Office; thence North 22° OS' 38" West, along the East line of said levee right-of--way, a distance of
88.75 feet; thence North 12° 59' 06" West, along the East line of said levee right-of-way, a distance of 147.93 feet;
thence North 09° 47' 26" West, along [he East line of said levee right-of-way, a distance of 587.72 feet; thence North
40° 14' 28" East, along the Eazi line of a 150.00 feet right-of--way of the Missouri River Levee as described in a
Trustees Deed in Document Number 2953 ], Book 351, Page 35, at [he Platte County, Missouri, Recorder of Deeds
Office, a distance of 605.17 feet; thence North 41° 23' 28" East, along the East line of last said levee right-of-way, a
distance of 60.74 feet; thence South 89° 23' S5" East, along the North line of the Northwest Quarter of said fractional
Section 7, a distance of 577.09 feet to the True Point of Beginning. Containing 1,145,907.59 square feet or 26.3064
acres more or less.
And:
Commencing at the Northeast Comer of the Northwest Quarter of said fractional Section 7, said point being marked by
a 1-1/4 inch outride diameter iron pipe; thence North 89° 23' S5" West, along the North line of the Northwest Quarter
of said fractional Section 7, a distance of 2,175.96 feet to a point on the West line of a 150.00 feet right-of--way of the
Missouri River Levee az described in a Trustees Deed in.Documen[ Number 29531, Book 351, Page 35, at the Platte
County, Missouri, Recorder of Deeds Offce, said point also being the True Point of Beginning; [hence continuing
North 89° 23' S5" West, along the North line of the Northwest Quarter of said fractional Section 7, a distance of 100.14
feet to a point on the East line of a 150.00 feet right-of--way of the Missouri River Levee az described in the Report of
Commissioners for Quindaro Bend Drainage District in Circuit Court Book A-6, Page ] 10; thence South I S° 19' 47"
West, along the East line of a 150.00 feet right-of--way of the Missouri River Levee az described in the Report of
Commissioners for Quindaro Bend Drainage District in Circuit Court Book A-6, Page 110, a distance of 183.08 feet to
a point on the West line of a 150.00 feet right-of--way of the Missouri River Levee az described in a Trustees Decd in
Document Number 29531, Book 351, Page 3S, at the Platte County, Missouri, Recorder of Deeds Office; thence North
40° l4' 28" East, along the Wes[ right-of--way line as described in said Trustees Deed, a distance of 229.93 feet to the
True Point of Beginning. Containing 8,865.39 square feet or 0.2035 acres, more or less.
The bearings used in this description are based upon the North line of the Northwest Quarter of said fractional Section 7
being North 89° 23' SS" West.
~f ,;
.< +~ '«
OWNERSHIP
NO.
LEGAL DESCR[PT(ON
PER;V1ANEi`iT RIGHT OF WAY
Ownership Yo. I All that part of Fractional Section 7, Township 50 North. Range 33 Wes[, in the Ciry of Riverside. Platte County,
43 Missouri, being more particularly described as follows:
Commencing at the Southeast Corner of [he Northeast Quarter of said fractional Section 7, said point being marked by
a 1/2 inch iron bar, thence South 00 19' 27" West. alone the Southerly prolongation of the East line of the Northeast
Quarter of said fractional Section 7, a distance of 560.18 feet to the True Point of Beginning; thence continuing South
00° 19' 27" West, along the Southerly prolongation of the East line of the Northeast Quarter of said fractional Section
7, a distance of 1,392.80 feet to a meander point on the Northerly high bank of the Missouri River; thence, in a eeneral
Westerly direction, along [he meandering of the North high bank of the N(issouri River, but with the low water mark
along said river as the boundary, the following four (4) described courses to a point on the Southerly prolongation of
the West line of the East Half of the East Half of said Section 7; (I) thence South 86° 36' S3" West a distance of 335.08
feet; thence South 83° 37' 32" West a distance of 625.22 feet; thence North 81° 02' 09" West a distance of 190.92 Feet;
thence South 83° 39' S7" West a distance of 159.02 feet to a point on the Southerly prolongation of the West line of the
East Half of the East Half of said Section 7; thence North 00° 19' 27" East, along the Southerly prolongation of the
West line of the East Half of the East Half of said Section 7, a distance of 1,004.47 feet; thence North 85° 56' 21" East a
distance of 292.02 feet; thence North 86° 20' 23" East a distance of 533.75 feet; thence North 85° 57' 37" East a
distance of 450.61 feet; thence North 16° 43' 47" East a distance of 90.87 feet; thence North 00° 45' 37" East a distance
of 291.77 feet; thence North 87° 48' S3" East a distance of 1.22 Feet to the True Point oFBeginnine, together with all
accretions thereto, and subject to all erosion therefrom, along the Missouri River, and together with all riehts, interests,
and land that lies between the high bank and the low water mark of said river. Containing 1,328,997.73 square feet or
30.5096 acres. more or less. Subject to 198,692.19 square feet or 4.5613 acres, more or less, of which lies in part oFan
existing right-of--way per Repots of Commissioners for Quindaro Bend Drainage District in Circuit Court Book A-6,
Page 110, and a Trustees Deed asdescribed in Document Number 29531, in Book 351, Paee 35, at the Plaae County,
Missouri, Recorder of Deeds Of£ce.
The bearings used in this description are based upon [he East line of said fractional Section 7 being South
00° 19' 27" West.
~~~ ~
OWNERSHIP
YO.
LEGAL DESCRIPTION
PERI~fANENT RIGHT OF WAy
Ownership No. I All that part of fractional Section 8. Township >0 North, Ranee 33 West, in the City of Riverside. Platte
44 County, Missouri, being more particularly described as follows:
Commencing at the Southwest Comer of the Northwest Quarter of said Fractional Section 8, said point being marked by
a I/2 inch iron bar; thence South 00° 19' 27" West, along the Southerly prolongation of [he West line of the Northwest
Quarter of said fractional Section 8, a distance of 560.18 feet to the True Point of Beginning; thence continuin° South
00° l9' 27" West, along the Southerly prolongation of the West line of the Northwest Quarter of said fractional Section
8, a distance of 1,392.80 feet to a meander point on the Northerly high bank of the Missouri River; thence, in a general
Easterly direction, along the meandering of the North high bank of the tVtissouri River, but with the low water mark
along said river as the boundary, the fallowing two (2) described courses to a point on a line that is 300.00 feet East of
and parallel to the Southerly prolongation of the West line of the Northwest Quarter of said Section 8; (1) thence North
86° 36' S3" East a distance of 42.77 feet; (2) thence South 82° 07' 41" East a distance of 259.57 feet to a point on a line
that is 300.00 feet East of and parallel to the Southerly prolongation of the West line of the Northwest Quarter of said
Section 8; thence North 00° 19' 27" East, along a line that is 300.00 feet East of and parallel to the Southerly
prolongation of the West line of the Northwest Quarter of said Section 8, a distance of !,083.67 feet; thence South 81 °
09' 33" West a distance of 63.30 feet; thence South 8l° 21' S1" West a distance of 100.86 Feet; thence South 85° 57' 37"
West a distance of 67.13 feet; thence North 1 ~° 58' S8" Wesi a distance of 86.78 feet; thence North 00° 45' 37" East a
distance of 290.21 feet; thence South 87° 48' S3" West a distance of 48.84 feet to the True Point of Beginning, together
with all accretions thereto, and subject to all erosion therefrom, alone the Missouri River, and together with all rights,
interests, and land that lies between the high bank and the low water mark of said river. Containing 331,809.84 square
feet or 7.6173 acres, more or less. Subject to 45,301.31 square feet or 1.0399 acres, more or less, of which lies in part of
an existing right-of--way per Report of Commissioners for Quindaro Bend Drainage District in Circuit Court Book A-6.
Page 110, and a Trustees Deed as described in Document Number 29531, in Book 351, Page 35, at the Platte County,
Missouri, Recorder of Deeds Oftice.
The bearings used in this description are based upon the West line of said fractional Section 8 being South 00° 19' 27"
West.
z
OWNERSHIP
NO.
LEGAL DESCRIPTION
PERMANENT RIGHT OF WAY
Ownership No. All that part of fractional Section 8, Township ~0 North, Range 33 V.'est, in the City oC Riverside, Platte County,
4~ Missouri, being more particularly described as follows:
,r>:
;mot",.
Fl ~,p ~'
/~t~
~ .b.
Commencing at the Northwest comer of the Northeast Quaver of said fractional Section 8, said point being marked
by a 4 inch square concrete marker with a '/ inch iron bar in the middle; thence South 00° 25' 12" West, alone the
West line of the Northeast Quarter of said fractional Section 8, a distance of 1,503.00 feet to the True Point of
Beginning; thence North 72° 11' 33" East a distance of ],242.38 feet to a point on the West right-of--way line of
Interstate Route 635; thence South 14° 30' 26" West, along the West right-of-way line of Interstate Route 63~, a
distance of 316.58 feet; thence South 37° 09' 46" West, along the Northwesterly right-of-way line of Interstate
Route 635, a distance of 460.03 feet; thence South 51° 36' 49" West, along the Northwesterly right-of-way line of
Interstate Route 635, a distance of 464.49 feet; thence South 71° 47' 04" West, along the North right-of--way line of
Interstate Route 635, a distance of 473.55 feet; thence South 85° ]3' 37" West, along the North right-of--way line of
interstate Route 635, a distance of 17.17 feet to a point on the West line of the Northeast Quarter of said fractional
Section 8; [hence continuing South 85° 13' 37" West, along the North right-o(way line of Interstate Route 635, a
distance of 146.57 feet; thence North 00° 1 1' 1 1" East a distance of 698.39 feet thence North 73` I5' S0" East a
distance of 155.75 fezt to the True Point of Beginning. Containing 807,325,06 square feet or 18.5336 acres, more or
less.
The bearings used in this description are based upon the West line of the Northeast Quarter of said fractional
Seetion 8 being South 00° 25' 12" West and the North line of the Northeast Quarter of said fractional Section 8
being South 88° 47' S8" East.
OWNERSHIP
NO.
LEGAL DESCRIPTION
PERMANENT RIGHT OF WAY
Ownership No. All that part of fractional Section 8, Township 50 North. Range 33 West. in the Ciry of Riverside, Platte County,
46 Missouri, being more particularly described as follows:
:`
Commencing at [he Northwest comer of the East Half of said fractional Section 8, said point being marked by a 4 inch
square concrete marker with a'/_ inch iron bar in the middle; thence South 00° 25' 12" West, along the West line of the
East Half of said fractional Section 8, a distance of 2.»9.79 feet to a point on the South right-of-way line of Interstate
Route 635, said point also being the True Point of Beginning; thencz North 85° 09' 20" East, along thz South
right-of--way line of Interstate Route 635, a distance of 87.05 feet; thence South 21° 31' S2" East a distance of 5154
feet; thence South 50° 40' »" West a distance of 43.97 feet: thence South 20° 37' S4" East a distance of 73.81 fezt;
thence South 55° 1 1' 25" East a distance of 376.50 fee[; thence North 71 ° 02' 25" East a distance of 1,108.03 feet;
thence South 68° 59' 35" East a distance of 71.39 feet to a point on a line that is 1,095.00 feet West of and parallel to
the East line of the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8; thence South 00° 30'
00" West, along a line that is 1,095.00 feet Wes[ of and parallel to the East line of the Northeast Quarter, and its
Southerly prolongation thereof, of said Section 8, a distance of 1,133.84 feet to a meander point on the Northerly high
bank of the Missouri River; thence, in a general Westerly direction, along the meandering of the North high bank of the
Missouri River, but with thz low water mark along said river as thz boundary, the following twenty (20) described
courses [o a point on a line that is 300.00 feet East of and parallel to [he Southerly prolongation of the West line of the
Northwest Quarter of said Section 8; (1) thence South 83° 29' 1 1" West a distance of 92.62 feet: (2) thence South 67°
46' 13" West a distance of 255.84 feet; (3) thence South 45° 56' 13" West a distance of 119.85 fzet; (4) thence South
82° 45' 45" Wzst a distance of 206.02 fzet; (~) thence South 66° 34' 38" West a distance of 234.72 feet, (6) thence
North 79° 53' 05" West a distance of 108.42 feet, (7) thence South 80° 44' 10" West a distance of 94.63 feet (8) thence
South 54° 29' 18" West a distance of 163.91 feet; (9) thence South 82° 36' 04" West a distance of 443.59 feet; (10)
thence South 83° 19' 35" West a distance of 213.01 feet, (11) thence South 66° 39' 21" West a distance of 259.49 feet;
(12) thence South 88° ~ I' 19" West a distance of 190.64 feet, (13) thence South 60° 39' S7" West a distance of 104.94
feet: (14) thence North 83° 01' 32" West a distance of 188.18 feet; (1 ~) thence South 88° 57' 34" West a distance of
314.54 feet; (16) thence South 77° 1 I' 28" West a distance of 285.50 feet; (17) thence South 72° 54' 46" West a
distance of 440.45 feet; (18) thence South 84° 14' 15" West a distance of 134.27 feet; (19) thence North 80° 32' 48"
West a distance of 90.28 feet; (20) thence South 64° 07' 45" West a distance of 86.05 feet to a point on said line that is
300.00 feet East of and parallel to the Southerly prolongation of the West line of the Northwest Quaver of said Section
8; thence North 00° 19' 27" East, along said line that is 300.00 feet East of and parallel to the Southerly prolongation of
[he West line of the Northwest Quarter of said Section 8, a distance of 1,083.67 feet; thence North 81° 09' 33" East a
distance of 195.37 feet; thence North 81 ° 46' 12" East a distance of 317.40 feet; thence North 82° 22' 40" East a
distance of 285.44 feet; thence North 81 ° 43' 10" East a distance of 236.60 Feet; thence North 77° 54' 36" East a
distance of 244.04 feet; thence North 77° 48' 07" East a distance of 770.53 feet; thence North 75° 29' 14" East a
distance of 461.52 feet; thence North 17° 50' 23" West a distance of 304.10 feet; thence South 72° 27' O6" West a
distance of 21.58 feet; thence North 17° 28' 23" West a distance of 41.20 feet; thence North 69° 47' 04" East a distance
of 21.69 feet; thence North 17° 27' 22" West a distance of 33.32 feet; thence North 72° 48' S3" West a distance of 45.49
feet; thence North 28° 30' 10" West a distance of 76.61 feet to a point on the South right-of--way line of Interstate Route
635; thence North 89° 17' 23" East, along the South right-of--way line of Interstate Route 635, a distance of 26.15 feet;
thence North 85° 09' 20" East, along the South right-of--way line of Interstate Route 635, a distance of 29.83 feet to the
True Point of Beginning, together with all accretions thereto, and subject to all erosion therefrom, along the Ivtissouri
River, and together with all rights, interests, and land that lies between the high bank and [he low water mark of said
river. Containing 4,323,879.35 square feet or 99.2626 acres, morn or less. Subject to 667,149.37 square feet or 15.3 t56
acres, more or less, of which lies in part of an existing right-of--way per Report of Commissioners for Quindaro Bend
Drainage District in Circuit Court Book A-6, Page 110, and a Trustees Dzed as described in Document Number 29531.
in Book 3S I, Page 35, at the Platte County, Missouri, Recorder of Deeds Office.
The bearings used in this description are based upon West line of the East Half of said fractional Section 8 being South
00° 25' 12" West.
r `=i5
i OWNERSHIP LEGAL DESCRIPTIOtV
`}O TEIIPOR4RY COtVSTRUCTIOIV E.~SE~~(EVT
Ownerhip ~Vo. All that dart of tractional Section 3, Township 50 North, Range 33 West, in the Ciry o[ Riverside, Platte Co
i~lissoun, being more particularly described as Follows:
Commencing at the Northeast comer of the Northwest Quarter ot'said Fractional Section 8. said point being marled
by a x inch square concrete marker with a'/•. inch iron bar in the middle; thence South 00° 25' 12" West, alone the
East line of the Northwest Quarter of said fractional Section 8, a distance of I,d76.63 feet to the True Point of
Beginning; thence South 72° I I' 33" West a distance of 8.00 feet thence South T° l5' S0" West a distance of
1,369.72 feet; thence South 73° 2T ~ I" West a distance of 1,360.91 feet to a point on the West line of the Northwest
Quarter of said fractional Section 8 that is South 00° 19'27" West a distance of 2,3 12.87 feet from the i lorthwest
comer of thz Northwest Quarter of said fractional Section 8; thence South 00° 19' 27" West, along the West line of
the Northwest Quarter of said fractional Section 3, a distance oF90.82 feet to a point on the North right-of--way line
of Inerstate Route 635; thence North 87° 55' d7" East, along the North rioho-of-way line of Interstate Route 63~, a
distance of 1,655.1 ~ feet thence North 87° l4' I ~" East, along the North right-of-way line of Interstate Route 63~, a
distance of 644.30 Feet; thence North 85° 13' 37" East, along thz North right-of-way line of interstate Route 63~, a
distance of 175.32 feet; thence North 00° I I' I I" East a distance of 693.39 leer, thence North T° I5' S0" East a
distance of 155.75 feet to a point on the East line of the Northwest Quarter ofsaid fractional Section 8 that is South
00° 25' 12"West a distance of 1.503.00 feet From thz Northeast cornzr of the Northwest Quarter of said fractional
Section 8; thence North 72° I I' 33" East a distance of I,Z42.38 feet to a point on the West right-of-way line of
Interstate Route 635; thence North Ix° 30' 26" East, along the West right-of--way line of Interstate Roure 635, a
distance of 29.58 feet; thence South 72° I I' 33" West a distance of 1,2x9.96 feet ro the True Point of Beginning.
Containing 1,055,298.76 square Feet or 24?263 acres, more or less.
The bearings used in this description are based upon the West line of the Northwest Quarter of said fractional Section
3 being South 00 ° 19' 27" West and the East line of the Northwes Quaver of said tractional Section 8 being South
00° 25' 12"West.
OWNERSHIP LEGAL DESCRIPTION
'~O TEYiPORARY CONSTRUCTION EASEMENT
Ownership No. All that Part of Fractional Section 8. Township 50 i forth, Range 33 West, in the City of Riverside, Platte County,
46 ~Stissoun, being more particularly described as follows:
Commencing at the Northwest comer of the East Half of said fractional Section 8, said point being marked by a 4 inch
square concrete marker with a '/ inch iron bar in th' middle; thence South 00° 25' 12" West, along the West line of the
East Half of said fractional Section 8, a distance of _,559.79 feet to a point on the South right-of-way line of Interstate
Route 635; thence North 85° 09' 20" East, along the South rieht-oF--way line of Interstate Route 635, a distance of 87.05
feet to the True Point of Beginning; thence South 21 ° 3l' S2"East a distance of 51.54 feet; thence South 50° 40' S5"
Wes[ a distance of 43.97 Feet; thence South 20° 3T 54" East a distance of 74.81 fee[; thence South 55° I I' ZS" East a
distance of 145.34 feet; thence North 71° 04' 42" East a distance of 1,152.45 feet; thence North 75° 39' 3l" East a
distance of 24.08 feet, thence North 82° 36' 07" East a distance of 122.36 feet; thence North 89° 09' 17" East a distance
of 25.15 feet; thence South 86° 42' OS" East a distance of 45.69 feet; thence South 72° 28' ; I" East a distance of 0.42
feet to a point on a line that is 1,095.00 feet West of and parallel to the East line of the Northeast Quarter, and its
Southerly prolongation thereof, of said Section 8; thence North 00° 30' 00" East, along a line that is 1,095.00 feet West
of and parallel to the East line of the Northeast Quarter, and its Southerly prolongation thereof, of said Section 3, a
distance of 286.44 feet to a point on the Westerly right-of--way line of Interstate No. 69 and 169; thence North 38° 40'
50" West, alone the Westerly right-of-way line of Interstate No. 69 and 169, a distance of 204.61 feet to a point on the
South right-of-way line of Interstate Route 635; thence along the South riettt-of-way line of Interstate Route 635, around
a curve to the right that is non-taneent ro the last described course, havin° an initial tangent bearing of South 40° 56' 3d"
West, a central angle of 40° 10' 1 l'", a radius of 1,772.02 feet, an arc distance of 1,242.35 feet, thence South 85° 09' ZO"
West, along the South right-of-way line of lnterstatz Route 635, a distance of 247.36 feu to the True Point of Beainnin°.
Contammg 352,561.32 square feet or 8.0937 acres, more or less.
And:
Commencing at [he Northwest coma of the East Half of said fractional Section 8, said point being marked by a d inch
square concrete marker with a'/, inch iron bar in the middle; thence South 00° 25' 12" West, along [he West line of the
East Half of said fractional Section 8, a distance of 2,559.79 feet to a point on the South right-of-way line of Interstate
Route 635; thence South 85' 09' 20" West, alon° the South right-of-way line of Interstate Route 63~, a distance of 29.83
feet, thence South 89° 1 T 23" West, along the South right-oF-way line of Interstate Route 635, a distance of 26. I5 feet to
the True Point of Beginning; thence continuing South 89° 1 T 23" West, along the South right-of-way line of Interstate
Route 635, a distance of 22.61 feet; thence South 28° 30' 09" East a distance of 9529 feet; thence South 72° 48' S6" East
a distance of 43.14 feet; thence South 17° 27' 33" East a distance of 3.77 Feet: thence South 69° 47' 04" West a distance
of-21.69 feet- thence South 17° 28' 20" East a distance oF8029 feet; thence North 72° 2T 44" East a distance of 21.55
feet; thence South I7° 51' 17" East a distance of 98.04 feet; thence North 71° 04' 32" East a distance of 20.13 feet;
thence North 17° 50' 23" West a distance of 117.56 feet, thence South 72° 2T 06" West a distance of 21.58 feet. thence
North 17° 28' 23" West a distance of 41.20 feet; thence North 69° 4T 04" East a distance of 21.69 feet; thence North 17°
~T ~~" West a distance of 33.32 fez[', thence North 72° 48' S3" West a distance of 45.49 feet; thence North 28° 30' 10"
West a distance of 76.61 feet to [he True Point of Beginning. Containing 7,226.69 square feet or 0.1659 acres, more or
less.
The bearings used in this description are based upon the West line of the East Half of said fractional Section 8 being
South 00° 25' 12" West.
OWi~lERSHIP LEGAL DESCft[PTIOiY
v0. FLOOD PROTECTION LEVEE EASE~~IE`tT
Ownership iVo. FLOOD PROTECTION LEVEE E.-~SE~tENT DESCRIPTION:
27
.411 that part of fractional Section 7. Township 50 North, Range 33 West. in the City of Riverside, Platte County,
Missouri, being more particularly describzd as follows:
Commencine at the Norheast Comer of the Northwest Quarter of said fractional Section 7, said point being marked by
a I -I/4 inch outside diameter iron pipz: thence North 89° 23' »" West, alone the North line of the Northwest Quarter
of said fractional Section 7, a distance of 1,027.27 feet to the True Paint of Bev~inning; thence continuing North 89° 23'
»" West, along the North line of thz Northwest Quarter of said fractional Section 7, a distance of 375.23 feet, thence
South 00° 51' 21" West a distance of 238.68 feet; thence South 02° 14' 2l" West a distance of 307.73 feet, thence South
00° 38' 34" West a distance of 714.73 feet, thence South 70° 58' 47" East a distance of 79.82 feet; thence South 89° 2d'
55" East a distance of 93.17 feet: thence South 00° 38' 36" West a distance of 29.57 feet to a point on the South line of
the Northeast Quarter of the Northwest Quarter of said fractional Section 7; thence South 89° 23' S5" East, along the
South line of the Northeast Quarter of the Northwest Quarter of said fractional Section 7, a distance of 12.84 feet;
thence North 00° 4l' 17" East a distance of 252.05 feet; thence North 62° 29' S2" East a distance of 219.56 feet; thence
North O1° I I' I6" East a distance of 960.33 feet to the True Point of Bzeinning. Containing 43Q279.01 square feet or
9.8778 acres, more or less.
The bearings used in this description are based upon the North line of the Northwest Quarter of said Fractional Section
7 bung North 89° 23' S5" West.
OWNERSHIP LEGAL DESCRIPTION
L- NO• FLOOD PROTECTION LEVEE EASEMENT
Ownership No. FLOOD PROTECTION LEVEE EASEMENT DESCR1PTlON:
43
All that part of fractional Section 7, Township 50 North, Range 33 West, in the City of Riverside, Platte County,
V(issoun, being more particularly described as follows:
Commencing at the Southeast Comer of the Northeast Quarter of said fractional Section 7, said point being marked by
a '/: inch iron bar; thence South 00° 19' 27" West, along the Southerly prolongation of the East hne of the Northeast
Quarter of said fractional Section 7, a distance of 551.86 feet to the True Point of Beginning; thence South 86° 17' S0"
West a distance of 245.42 feet; thence South 86° 16' S6" West a distance of 440.29 feet; thence South 85° 50' 02"
West a distance of 619.93 feet to a point on the Southerly proton°ation of the West line of the East Half of [he East
Half of said Section 7; thence South 00° 19' 27" West, along the southerly prolongation of the West line of the East
Half of the East Halt of said Section 7, a distance of 384.21 feet; thence ~ forth 8~° 56' 21" East a distance of 292.02
feet; thence North 86° ZO' 23" East a distance of 533.75 feet; thence North 85° 57' 37" East a distance of 450.61 feet;
[hence North 16° 43' 47" East a distance of 90.87 feet; thence North 00° 45' 37" East a distance of 29 L77 Feet; thence
North 87° 48' S3" East a distance of 1.22 feet to a point on the Southerly prolongation of the East line of the Northeast
Quarer of said fractional Section 7; thence North 00° 19' 27" East, alon° the Southerly pprolongation of the East line
of the Northeast Quarter of said fractional Section 7, a distance of 8.32 tent to the True Poin[ of Beginning. Containin°
500,731.93 square feet or 11.4952 acres, more or less. -
The bearings used in this description are based upon the East line of said fractional Serion 7 being South 00° 19' 27"
West.
OWNERSHIP
NO. LEGAL DESCRIPTION
FLOOD PROTECTION LEVEE EASEMENT
Ownership No. FLOOD PROTECTION LEVEE EASEMENT DESCRIPTION:
44
All that part of fractional Section 8, Township 50 North, Range 33 West, in the City of Riverside, Platte County
,
Missouri, being more particularly described as follows:
Commencin¢ at the Southwest Coner of [he Northwest Quarter of said fractional Section 8, said point beine marked by
a /inch iron bar, thence South 00° 19' 27" tiVest, along the Southerly prolongation of the West line of the northwest
Quarter of said fractional Section 8, a distance of 5~ 1.36 feet to the True Point of Beginning; thence North 86° 1 T 50"
East a distance oF31.02 tt"eer, thence North 84° 01' S" East a distance of 10158 feet; thence North 81° ~3' 02" East a
distance of 169
93 feet to a pint on a line that i
300
00 f
E
f
d
.
s
.
eet
ast o
an
PParallel to the Southerly proton°ation of the
West line of the Northwest ~uarter of said Section 3; thence South 00° 19' 2 i" West, along a line that is300.00 feet East
of and parallel to the Southerly pprolongation of the West line of the Northwest Quarter of said Section 8, a distance of
387.03 feet; thence South 81° 09' 33" W
t
di
f 63
30 f
°
'
"
es
a
stance o
.
eet; thence South 81
21
~ I
West a distance of 100.86
feet, thence South 85° 5 i' 37" West a distance of 67.13 feet; thence Norh I S' S8' S8" West a distance of 86
78 Feet;
.
[hence North 00° 4S 37" East a distance of 290.21 feet; thence South 87° 48' ~3" West a distant: of 48.84 feet to a point
on the Southerly prolongation oFthe West line of the Northwest Quarter of said Section 8; thence North 00° 19' 27" East.
alone the Southerly prolongation of the West line of the Northwest Quarter of said Section 8
a distance of 8
32 feet to
`
,
.
the 1
rue Point of Beginning. Containing 97,290.94 square Feet or 2.233 acres, more or less.
The bearings used in this desc:;ption are based upon the West line of said fractional Section 3 being South 00° 19' 2 i"
West.
OWNERSHIP LECAL DESCRIPTION
NO. FLOOD PROTECTION LEVEE EASEiVIENT
Owner;s6ip;Vo. I FLOOD PROTECTION LEVEE E.~SEiVIEiIT DESCRIPTION:
.All that Part of fractional Section 8, Township ~0 North, Ranee 33 West. m the CiN of Riverside, Platte County,
~[issoun, being more particularly described as follows:
Commencing at the Northwest cornzr of the East Half of said Fractional Szction 8, said poin[ being marked by a 4 inch
square concrete marker with a Y inch iron bar in the middle; thence South 00° 2S 12" West. along the West line of the
East Half of said fractional Section 8, a distance of 2,»9.79 feet to a poim on the South right-of-way line of Interstatz
Route 635; thence North 8~° 09' 20" East, along the South right-of-way lint of Interstate Route 63~, a distance of
87.0 feet; thence South 21 ° 31' ~2" East a distance of ~ I S4 feet; thence South ~0° 40' »" West a distance of 43.97
feet-, thence South 20° 3T 54" East a distance of 74.81 feet; thence South »° 1 l' 2~" East a distance of 14.34 Feet to
the Truz Point of Beginning; thence continuing South »° I I' 2~" East a distance of 23 L I6 feet; thence North 71 ° 02'
2~" East a distance of (,108.03 feet, thence South 68° ~9' 3S' East a distance of 71.39 feet to a point on a line that is
1,09.00 feet West of and parallel to the East line of the Northeast Quaver, and its Southerly prolongation thereof, of
said Section 8; thence North 00° 30' 00" East, along a line that is 1,09.00 feet West of and parallel to the East line of
the Northeast Quarter, and its Southerly prolongation thereof, of said Section 8, a distance of 190.60 fzet, thence North
72 23' 3l" West a distance of 0.42 Eger, thence North 86 ° 42' 0~" West a distance of 4.69 feet; thence South 89° 09'
17" West a distance of 25.1 feet; thence South 82° 36' 07" Wes[ a distance of 122.36 fzzr. thence South 75° 39' 31"
West a distance of 24A8 feet; thence South 71° 04' 42" West a distance of 1, I ~2.4~ feet to the True Point of
Beginning. Containing 234,961 S6 square feet or x.3940 acres, more or less.
And
Commencing at the Norhwest comer of the East Half of said fractional Section 8, said point being marked by a 4 inch
square concrete marker with a'/ inch iron bar in the middle; thence South 00° 25 12" West, along the West line of the
East Half of said fractional Section 8. a distance of 2,»9.79 feet to a point on the South right-of-wav line of Interstate
Route 63~; thence Sou[h 8~° 09' 20" West, along the South right-of-way line of Interstate Route 63~, a distance of
29.83 feet; thence South 89° 1 T 23" West, along the South right-of-way line of (n[erstate Roure 63~. a distance of
48.76 feet, thzncz South 28° 30' 09" East a distance of 929 feet, thence South 72° 48' ~6" East a distance of 43.14
feet; thence South I7° 2T 33" East a distance of 3.77 feet, thence South 69° 4T 04" West a distance of 2 L69 feet.
thence South 17° 28' ZO" East a distance of 8029 feet: thence North 72° 2T 4d" East a distance of 21.55 feet; thence
South 17° ~ I' 17" East a distance of 98.04 feet to the True Point of Beginning; thence South 71° 04' 32" West a
distance of 43.78 fee[; thence South 89° 14' 30" West a distance of 43.45 feet; thence South ~ I° 48' O1" West a
distance of 54.90 feet; thence South 78° 07' 18" West a distance of 288.84 feet; thence North 39° ~ 1' 08" West a
distance of 208.59 feet; thence North 88° 13' 43" West a distance of 36.72 Feet; [hence South 78° 13' 1 I" West a
distance of 881.57 feet; thence South 81° 53' 02" West a distance of 949.90 feet to a point on a line [hat is 300.00 fzet
East of and parallel to the Southerly prolongation of the West line of the Northwest Quarter of said Section 8; thence
South 00° 19' 27" West, along a line that is 300.00 feet East of and parallel to the Southerly prolongation of the West
line of the Northwest Quarter of said Section 8, a distance of 387.03 feet; thence North 81° 09' 33" East a distance of
195.37 feet; thence Notth 81 ° 46' l2" East a distance of 3 ] 7.40 feet; thence North 82° 22' 40" East a distance of
285.44 feet; thence North 8l° 43' 10" East a distance of 236.60 feet; thence North 77° 54' 36" East a distance of
244.04 feet; thence North 77° 48' 07" East a distance of 77053 fzer, thence North 75° 29' 14" East a distance of
461.52 feet; thence North 17° 50' 23" West a distance of 186.54 feet; thence South 71° 04' 32" West a distance of
20.13 feet to the True Point of Beginning. Containing 833,723.92 square feet or 19.1397 acres, more or less.
The bearings used in this description are based upon the West line of the East Half of said fractional Section 8 being
South 00° 25' 12" West.
EXHIBIT B-I
RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF
PLATTE COUNTY, MISSOURI
Tracts #27, 43, 44, 45 & 46
PERMANENT RIGHT OF WAY
RIGHT-OF-WAY CONVEYANCE
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Grantor, inconsideration
ofthe sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt ofwhich
is hereby acknowledged, hereby grants, bargains, sells and conveys to RIVERSIDE-QUINDARO
BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a political subdivision, its
successors and assigns, hereinafter referred to as DISTRICT, the right, privilege and perpetual right
of way in fee as described below, on, under and over the right of way described below, now or at any
future time, which said lands of Grantor situate in the County ofPlatte in the State of Missouri, and
the right of way across Grantor's said lands is specifically described as follows:
A perpetual right-of--way in fee, on, over and across the land described in Schedule
A (Tracts No. 27, 43, 44, 45 & 46); together with a right to remove or relocate any
utility, railroad or pipelines either within existing utility, railroad or pipeline
easements, or within the utility relocation easement acquired by the District, or within
other easements in favor of District, reserving, however, to Grantor, its Successors
and Assigns, all such rights and privileges in the land as may be used without
unreasonably interfering with or abridging the right and easement hereby required;
Subject, however, to existing easements for public roads and highways.
It being the intention of the parties hereto that the Grantor is hereby granting the uses herein
specified without divesting the Grantor, and its successors or assigns, of the right to use and enjoy
the above-described premises; PROVIDED, HOWEVER, such use shall not unreasonably interfere
with or endanger the construction, operation or maintenance of said Levee Improvements, and
provided further that no building shall be constructed on the easement without complying with
applicable U. S. Army Corps of Engineers requirements for work in flood protection levee easement
areas.
This right of way conveyance shall run with the land and shall be binding upon the Grantor
and its successors and assigns.
Grantor hereby covenants that it is the owner of the above-described land, subject to existing
liens and right-of--way easements of record.
::ODMA\WOF2L,DOX~J:ACLQ.'NTSV61492V000O1Vi02363ll.PRM
IN TESTIMONY WHEREOF, GRANTOR has hereunto set its hand and seal this day
of , 2001.
CITY OF RIVERSIDE
ATTEST:
By:
Name: Louise Rusick
Title: City Clerk
STATE OF MISSOURI )
SS
COUNTY OF )
Name: Betty Burch
Title: Mayor
On this day of , 2001, before me, appeared BETTY BURCH, to me
personally known, who being by me duly sworn, did say that she is the Mayor of the CITY OF
RIVERSIDE, a Missouri municipality, and that said instrument was signed in 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my
office the day and year last above written.
Notary Public
My commission expires:
::ODMA\ WORLllOX\J:\CLIENCS\61492\00001\K0236311.FRM
EXHIBIT B-II
RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF
PLATTE COUNTY, MISSOURI
Tract No. 27, 43, 44 & 46
FLOOD PROTECTION LEVEE EASEMENT
RIGHT-OF-WAY CONVEYANCE
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Grantor, inconsideration
of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt of
which is hereby acknowledged, hereby grants, bargains, sells and conveys to RIVERSIDE-
QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, apolitical
subdivision, its lessees, licensees, successors and assigns, hereinafter referred to as DISTRICT, the
right, privilege and perpetual easement as described below, to survey, construct, operate, patrol,
inspect, maintain, alter, repair, rebuild, and remove, on, under and over the easement described
below, now or at any future time, for flood protection levee improvements, and all appurtenances and
appliances necessary in connection therewith, "Levee Improvements", and relocation of any utility
improvements, which said lands of Grantor situate in the County of Platte in the State of Missouri,
and the easement across Grantor's said lands is specifically described as follows:
A perpetual and assignable right and easement in the land described in Schedule A
(Tracts No27, 43, 44 & 46) to construct, maintain, repair, operate, patrol and
replace a flood protection levee, including all appurtenances thereto; together with a
right to remove or relocate any utility, railroad or pipeline either within existing
utility, railroad or pipeline easements, or within the utility relocation easement
acquired by the District, or within other easements in favor of the District; reserving,
however, to the Grantor, its successors and assigns, all such rights and privileges in
the land as may be used without unreasonably interfering with or abridging the right
and easement hereby required;
Subject, however, to existing easements for public roads and highways.
It being the intention of the parties hereto that the Grantor is hereby granting the uses herein
specified without divesting the Grantor, and successors or assigns, of the right to use and enjoy the
above-described premises; PROVIDED, HOWEVER, such use shall not unreasonably interfere with
or endanger the construction, operation or maintenance of said Levee Improvements, and provided
further that no building shall be constructed on the easement without complying with applicable U.
S. Army Corps of Engineer requirements for work in flood protection levee easement areas.
The DISTRICT, its successors and assigns, agree to pay for any damage caused to Grantor,
its land, growing crops, fences or other personal property from the construction, operation or
maintenance of said Levee Improvements.
::ODMA\WORI AOX\J:\CLIENTS\61492\00001\K0236311. rRM
This easement conveyance shall run with the land and shall be binding upon the Grantor and
its successors and assigns.
Grantor hereby covenants that it is the owner of the above-described land, subject to existing
liens and right-of--way easements of record.
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand this day of
2001.
CITY OF RIVERSIDE
ATTEST:
Name: Louise Rusick
Title: City Clerk
STATE OF MISSOURI )
ss
COUNTY OF )
By:
Name
Title:
Betty Burch
Mayor
On this day of , 2001 before me, appeared BETTY BURGH, to me
personally known, who being by me duly sworn, did say that she is the Mayor of the CITY OF
RIVERSIDE, a Missouri municipality, and that said instrument was signed in behalf of said
municipality by authority of its Board of Aldermen, and said BETTY BURGH acknowledged said
instrument to be the free act and deed of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my
office the day and year last above written.
Notary Public
My commission expires:
::ODMA\ WORLDOXV:\CLIIiNTS\61492\00001 \K0236311.FRM
EXHIBIT B-III
RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF
PLATTE COUNTY, MISSOURI
Tract # 45 & 46
TEMPORARY CONSTRUCTION AREA EASEMENT
RIGHT-OF-WAY CONVEYANCE
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Grantor, inconsideration
of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration, the receipt of which
is hereby acknowledged, hereby grants, bargains, sells and conveys to RIVERSIDE-QUINDARO
BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, a political subdivision, its lessees,
licensees, successors and assigns, hereinafter referred to as DISTRICT, the right, privilege and
easement as described below, to survey, construct, operate, patrol, inspect, maintain, alter, repair,
rebuild, and remove, on, under and over the easement described below, now or at any future time,
for flood protection levee improvements, and all appurtenances and appliances necessary in
connection therewith, "Levee Improvements", and relocation of any utility improvements, which said
lands of Grantor situate in the County of Platte in the State of Missouri, and the easement across
Grantor's said lands is specifically described as follows:
A temporary easement and right-of--way in, on, over and across the land described in
Schedule A (Tract Nos.45 & 46), for a period not to exceed three (3) years, beginning
on the date of notification by or on behalf of the DISTRICT that work will commence
in the easement area, for use by the DISTRICT, its representatives, agents, and
contractors as a work area, including the right to move, store and remove equipment
and supplies, and erect and remove temporary structures on the land and to perform
any other work necessary and incident to the construction of the Levee Improvement,
together with the right to trim, cut, fell and remove therefrom all trees, underbrush,
obstructions, and any other vegetation, structures, or obstacles within the limits of the
right-of--way; together with a right to remove or relocate any utility, railroad or
pipelines either within existing utility, railroad or pipeline easements, or within the
utility relocation easement acquired by the District, or within other easements in favor
ofthe District; reserving, however, to the Grantor, its successors and assigns, all such
rights and privileges as may be used without interfering with or abridging the rights
and easement hereby acquired;
Subject, however, to existing easements for public roads and highways.
It being the intention of the parties hereto that this temporary easement shall automatically
expire upon completion of the present project, and the Grantor is hereby granting the uses herein
specified without divesting the Grantor, and successors or assigns, of the right to use and enjoy the
above-described premises; PROVIDED, HOWEVER, such use shall not unreasonably interfere with
or endanger the construction, operation or maintenance of said Levee Improvements, and provided
:ODMA\WORLDOXV:\CLIL' NTS\61492\00001\K0236311.PRM
further that no building shall be constructed on the easement without written permission from
DISTRICT during the term of this Temporary Easement.
The DISTRICT, its successors and assigns, agree to pay for any damage caused to Grantor,
including but not limited to its land, growing crops, fences, livestock or other personal property from
the construction, operation or maintenance of said Levee Improvements.
This easement conveyance shall run with the land and shall be binding upon the Grantor and
its successors and assigns.
Grantor hereby covenants that it is the owner of the above-described land, subject to existing
liens and right-of--way easements of record.
IN TESTIMONY WHEREOF, Grantor has hereunto set its hand and seal this day of
2001.
CITY OF RIVERSIDE
ATTEST:
Name: Louise Rusick
Title: City Clerk
STATE OF MISSOURI )
ss
COUNTY OF )
By:
Name: Betty Burch
Title: Mayor
On this day of , 2001 before me, appeared BETTY BURGH, to me
personally known, who being by me duly sworn, did say that she is the Mayor of the CITY OF
RIVERSIDE, a Missouri municipality, and that said instrument was signed in behalf of said
municipality by authority of its Board of Aldermen, and said BETTY BURGH acknowledged said
instrument to be the free act and deed of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my
office the day and year last above written.
Notary Public
My commission expires:
::OUMA\WORLDOXU:\CLIENTS\G 1492\00001\K0236311.FRM
EXHIBIT B-IV
NOT APPLICABLE
EXHIBIT B-V
NOT APPLICABLE