Exhibit A Settlement Agreement - Granicus

SETTLEMENT AGREEMENT

THIS PURCHASE AGREEMENT (this Agreement) is made and entered into effective as of the day of 2011 by and Abdullah A. Mejjallid, Trustee for benefit of Abdullah A Mejjallid under Revocable Living Trust Agreement dated January 1 2008, as to an undivided 3003% interest; Sami Sulaiman Magboul (aka Sami Suliman Magboul), Trustee for benefit of Sami Sulaiman Magboul (also known as Sami Suliman Magboul) under Revocable Living Trust Agreement dated October 3, 2006, as to an undivided 2619% interest; Afaf Nawab, aka Afaf M. Nawab, Trustee for benefit of Afaf Nawab under Revocable Living Trust Agreement dated January 1, 2008, as to an undivided 1.52% interest; Samar Jameel Zaini, Trustee for benefit of Samar Jameel Zaini under Revocable Living Trust Agreement dated January 1, 2008 as to an undivided 1.52% interest; Hasan Jameel Zaini, Trustee for benefit of Hasan Jameel Zaini under Revocable Living Trust Agreement dated January 1, 2008 as to art undivided 1 .52% interest; Abdul Azeez Jameel Zaini, Trustee for benefit of Abdul Azeez Jameel Zaini under Revocable Living Trust Agreement dated January 1 2008 as to an undivided 1 .52% interest; Sarah Jameel Zaini, Trustee for benefit of Sarah Jameel Zaini under Revocable Living Trust Agreement dated January 1, 2008 as to an undivided 1.52% interest; Jameet Hasan Zaini, Trustee for benefit of Sereen J. Zairti, under Irrevocable Living Trust Agreement dated January 27, 1992 as to an undivided 1.52% interest; Sattina A. Mejjallid, Trustee for benefit of Sattirta A. MejjalIid under Revocable Living Trust Agreement dated October 14, 2008, as to an undivided 3.84% interest; Fatma Mohammed Saleh M. Aiharazi (F/K/A Fatniah M.S.M. Abukhaisha), Trustee for benefit of Fatma Mohammed Saleh M. Aiharazi (F/K/A Fatmah M.S.M. Abukhaisha), under Revocable Living Trust Agreement dated April 25, 2007, as to an undivided 3.84% interest; Mohammed A. Alsalmi, Trustee for benefit of Mohammed A. Aisalmi under Revocable Living Trust Agreement dated January 2, 2009, as to an undivided 3.84% interest; Ebtisam S. Ghareeb, Trustee for benefit of Ebtisam S. Ghareeb under Revocable Living Trust Agreement dated October 3, 2006, as to an undivided 5.13% interest; lqbal MejjaIlid, Trustee for benefit of lqbal Mejjallid under Revocable Living Trust Agreement dated December 31, 2007, as to an undivided 3.20% interest; Abdulrahman Mostafa Asali, Trustee for benefit of Abdulrahman Mostafa Asali under Revocable Living Trust Agreement dated December 31, 2007, as to an undivided 3.20% interest; Eleanor S. Meyer and Robert L. Meyer, Trustees of the Eleanor S. Meyer Revocable Living Trust dated January 3, 2000, as to an undivided 11.61% interest, all with a mailing address at 1620 South Hanley Road, St. Louis, Missouri 63144 (the 'Owners"); and QuikTrip Corporation, an Oklahoma corporation, whose principal address is 4777 S. 1291h East Ave, Tulsa OK 74134 ("QuikTrip," and together with the Owners, collectively these owners of property interests in the Property described below are referred to as "Owner/Occupants"); and the City of Wentzville, Missouri, a city of the fourth cLass and a Missouri municipal corporation, with a principal office at 310 Pearce Boulevard, Wentzville, Missouri 63385 (City").

WITNESSETH:

WHEREAS, the Owners are the owners of record of certain real property known and numbered as 1140 W. Pearce Blvd., Wentzville, Missouri 63385, Parcel ID # 4-013-8327-00-1 (the "Property"), and

WHEREAS, QuikTrip is the lessee of some or all of the Property pursuant to that certain Lease dated March 31, 2000, between the Owners and Quiklrip, as evidenced by a Short Form Lease executed March 29, 2000, and recorded April 4, 2000, in Book 2379, Page 216 of the St. Charles County Records (the "Lease"); and

Page - 1 - of 34 Settlement Agreement

melissa

Typewritten Text

Exhibit A to Resolution

WHEREAS, City is undertaking a public works project to widen, reconstruct and add associated stormwater and access improvements to the intersection of Wentzville Parkway and West Pearce Boulevard (the Project') and is in need of additional rights-of-way and also certain easements and licenses for the construction and maintenance of roadway, access, pedestrian, and storrnwater improvements to and along the intersection of Wentzville Parkway and West Pearce Boulevard; and

WHEREAS, the City's initial construction plans showed changes to the access to the Property that would limit certain turning movements by the travelling public (Access Changes");

WHEREAS, Quiklrip and the Owners objected to the Access Changes and sought to have City change the construction plans to eliminate or modify the Access Changes which proposed modifications are more specifically described on Exhibit C (the OT Modifications);

WHEREAS, the City and the Owner/Occupants met and discussed the Access Changes and the QT Modifications, and after conferring with the its traffic engineers, the City agreed to, and has paid for, revisions to the construction plans to include the 01 Modifications as shown on the drawings attached as Exhibit C-I hereto conditioned on the Owner/Occupants' agreement to convey to the City the needed property interests in the Property at no cost the City to defray the City's additional Project costs related to the re-engineering and additional construction time and materials;

WHEREAS, Owner/Occupants desire to convey to City portions of their respective interests in, and City desires to accept from Owner/Occupants certain portions of and property interests in the Property, subject to the terms and conditions set forth in this Agreement;

NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

I. Construction Plans. The Owner/Occupants shall have the right to approve or disapprove the City's final construction plans affecting any portion of the Owner's Property. The obligations of the Owner/Occupants created by this Agreement are not triggered until and unless the Owner/Occupants approve the portion of the final construction plans affecting their Property as being in conformance with the desired QT Modifications.

2. Conveyance. Upon the terms, covenants, and conditions herein set forth below, Owner/Occupants agree to convey to City all of their collective rights, title, and interest in, to and under the following property interests:

a. The right-of-way legally described in Exhibit A and depicted in Exhibit A-I attached hereto (the "Right-of-Way"); and

b. The Temporary Easement legally described in Exhibit B and depicted in Exhibit B-I attached hereto (the 'Temporary Easement'),

Final legal descriptions and plats of the Right-of-Way and Temporary Easement (the "Finai Plats") to be prepared at City's cost by a registered land surveyor to govern. The Right-of -Way and Temporary Easement are collectively referred to herein as the "Property Interests."


3. Contract Date; Closing Date; Place of Closing. The "Contract Date' shall be the date on which the Last party executes this Agreement or initials an agreed-to change. This transaction shall be closed (the 'Closing") by the parties on a mutually agreeable date (the "Closing Date"). The Closing shall be held at Touchstone Title, 14422 South Outer 40 Drive, Chesterfield, Missouri 63017 (the "Title Company"), or such other place as the parties may mutually agree. The City shall be responsible for all closing costs, including but not limited to, all title insurance costs, all title costs, alL recording costs, and all notarization costs. At the Closing, there shall be no adjustments in reference to real estate taxes, insurance premiums, rents, water rates, sewer services or any other matters or things. By this Settlement Agreement, Robert L. Meyer is authorized to execute all closing documents on behalf of the Owners.

4. Owners' and Quiktrip's Representations Covenants and Warranties. Owners and QuikTrip represent, warrant, and covenant to City as follows, which representations and warranties shall survive the conveyance hereunder and shall inure to the benefit of City, its successors and assigns, and shall be considered made as of the date hereof and as of the Closing Date:

(A) Quiklrip's Auth,. Quiktrip is a corporation organized and validly existing under the laws of the State of Oklahoma and has all requisite power and authority to execute this Agreement and such other documents as may be necessary or desirable to perform its obligations hereunder. The execution and delivery thereof by Quiktrip is fully authorized by all requisite authority, and no other consents by any other party are required for Owner/Occupants to execute and deliver this Agreement and such other documents.

(B) Authority of Signatories; No Breach of Other Agreements. The execution, delivery of, and performance under this Agreement is pursuant to authority validly and duly conferred upon Owner/Occupants and the signatories of Owner/Occupants hereto. To the actual knowledge of Owner/Occupants, the performance by it of its obligations under the terms of this Agreement do not conflict in any material or adverse way with or result in breach of any the terms or provisions of, or constitute a default under any agreement, arrangement, understanding, accord, document or instrument by which Owner/Occupants are bound, and, to the actual knowledge of Owner/Occupants, will not and does not constitute a violation of any applicable law, rule, regulation, judgment, or decree of any governmental instrumentality or court, domestic or foreign, to which Owner/Occupants is subject.

(C) No Liens or Encumbrances. On the Closing Date, Owner/Occupants shall convey to the Property to City by quitclaim deed. The Owner/Occupants shall convey the Property "as is" and "where is."

(D) No Other Representations. Other than representations, covenants, and warranties listed in this Section, Owner/Occupants makes no other representations.

5. City's Representations, Covenants, and Warranties. City represents, warrants, and covenants to Owner/Occupants as follows, which representations and warranties shall survive the conveyance hereunder and shall inure to the benefit of Owner/Occupants, its successors and assigns, and shall be considered made as of the date hereof and as of Closing Date:

(A) City's Authority. City is a fourth class city and political subdivision of the State of Missouri organized and existing under the laws of the State of Missouri, and has all requisite power and authority to execute this Agreement and such other documents as may be


necessary or desirable to perform its obigations hereunder. The execution and delivery thereof by City is fully authorized by all requisite authority; and no other consents by any other party are required for City to execute and deliver this Agreement and such other documents,

(B) Authority of Signatories, No Breach of Other Agreements. The execution, delivery of, and performance under this Agreement and the performance of City's obligations hereunder are pursuant to authority validly and duly conferred upon City and the signatories of City hereto. The performance by City of its obligations under the terms of this Agreement and the performance of its obligations hereunder do not conflict in any material or adverse way with or result in breach of any of the terms or provisions of, or constitute a default under any agreement, arrangement, understanding, accord, document or instrument by which City is bound, and will not and does not constitute a violation of any applicable law, rule, regulation, judgment, order or decree of any governmental instrumentality or court, domestic or foreign, to which City is subject.

(C) Easement Area. The City shall require its contractor to keep all equipment and staging materials out of the Temporary Easement area except when work is being performed in that immediate area. Further, no staging materials or equipment may be stored in the Temporary Easement area except when work is being performed in that immediate area and all staging materials and equipment must be removed from the Temporary Easement area at the cessation of work each day.

(D) Easement Scope. The scope of the Temporary Easement shall be limited as follows:

(i) Access. At no time may the contractor place any equipment and/or staging materials at any location in the Temporary Easement which blocks or interferes in any way with: (a) customer parking, (b) access to the gas pumps, or (C) the ingress or egress of the entrances or exits, except as provided herein. Additionally, at no time may more than one (1) of the West Pearce Boulevard entrances/exits, as identified on Exhibit A, be blocked or closed. At all times, two (2) of the West Pearce Boulevard entrances/exits must remain open and unblocked. Each West Pearce Boulevard entrance/exit may not be blocked more than three (3) days during each thirty (30) day period. Further, the Wentzville Parkway entrance/exit may not be blocked or closed.

(ii) Time. The City agrees that the Temporary Easement shall terminate on the earlier of (i) such time as the Project may be completed and accepted by the City, or (ii) eighteen (1 8) months from the date the Notice to Proceed is delivered by the City to its contractor. In no event shall the Temporary Easement and Right-of-Way terminate later than January 1, 2014. In the event that the project is not competed as set forth in the Exhibits attached hereto by January 1, 2014, the Property conveyed by the owners should be re-conveyed by the City to the Owner/Occupants free and clear of any liens or encumbrances put on the Property after conveyed by the Owner/Occupants to the City.

(iii) Use. The City's contractor shall not use the Temporary Easement for staging for any part of the Project other than work to be performed at the immediate site. No construction is to be done on the Temporary Easement area.

(iv) Effective Date. The Effective Date of the Temporary Easement and Right-of-Way shall be the date the Notice to Proceed is delivered by the City to its contractor.

Page-4-of 34 Settlement Agreement

(v) The deeds set forth in paragraph 4(C) shall be recorded by the City; however, if the City does not deliver prior to January 1, 2014, the property shall be conveyed back to Owners as set forth in subparagraph (ii) above.

(E) Restoration. At the termination of the Temporary Easement, the City agrees that the Temporary Easement area will be completely restored to original condition, prior to the execution of this Agreement. The City will be responsible for all repairs required to restore the Temporary Easement area to its original condition and shall re-sod (and not re-seed) the Temporary Easement area.

(F) City's Responsibilities. The Cfty's Administrator, Dianna Wright and her successors, and Scott Smith, the City's Public Works Director and his successors, shall be responsible for the compliance of the City's contractor(s) with this Agreement. In the event that the City's contractors are in breach of this Agreement in any way, the City shall take immediate action to remedy any such breach, Addtionally, City shall supply QT with the cell phone number of the construction foreman to direct any questions or complaints. This Paragraph in no way limits the Owner's rights under Paragraph 7.

(G) No Other Representations. Other than the representations, covenants, and warranties listed in this Section, City makes no other representations.

6. Conditions Precedent to City's Obligations. Owner/Occupants acknowledge that this Agreement is expressly contingent upon: (i) Owner/Occupants' compliance with the terms of this Agreement; (ii) Owner/Occupants' representation and warranties being true on the Contract Date and remaining true through the Closing of this transaction; (iii) City's inspections of the title shall have revealed no additional liens, encumbrances or other matters affecting title to the Property Interest or City's intended use of those Property Interests that Owner/Occupants are unable or unwilling to cause to be removed or resolved prior to Closing. The foregoing conditions are (x) necessary prerequisites for City's purchase of the Property Interests, (y) included in this Agreement solely for City's benefit, and (z) may be waived solely by City, in City's sole discretion. Owner/Occupants further acknowledge that this Agreement may be terminated at City's sole election upon written notice to Owner/Occupants if any of the foregoing conditions are not satisfied. All of City's obligations under this Agreement shall be immediately discharged upon any such termination.

7. Default. In the event of any default hereunder by City, Owner/Occupants may either cancel this Agreement or enforce the specific performance of this Agreement. In the event of any default hereunder by Owner/Occupants that is not cured within the time periods set forth herein, City may cancel this Agreement and thereupon Owner/Occupants and City shall have no further liability to the other under this Agreement (except as expressly set forth herein) or otherwise, or City may enforce the specific performance of this Agreement. Owner/Occupants and City hereby specifically waive any and all rights that each may have to damages as resuLt of the other's default under this Agreement.

8. Notices. All notices and other communication between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, or by personal delivery against receipt, or by overnight courier, shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or one business day after deposit in the mail, postage prepaid, or with an overnight courier, and shall be addressed as follows:


It to Owner/Occupants: Sami Suhman Magboul, et al do Robert L. Meyer Leyhe, Meyer, Leyhe & Lob& 1620 S. Hanley Rd. St. Louis, MO 63144

QuikTrip Corporation, St. Louis Division Attn: Alan Renner, Real Estate Manager 2255 Bluestone Dr. St Charles, MO 63303

If to City: City Administrator, Dianna Wright City of VVentzville 310W. Pearce Blvd. Wentzville, MO 63385

With a copy to: Paul V. Rost Cunningham, Vogel & Rost, P.C. 75 West Lockwood, Suite One Webster Groves, MO 63119

or to such other address as each party may designate for itself by notice given in accordance with this Section.

9. Miscellaneous.

(A) Release and Waiver. Owner/Occupants acknowledge and agree that had this matter proceeded through the condemnation process that the owners of record of the Property would have been entitled to just compensation for the Property and Owner/Occupants hereby release, acquit, and forever discharge City, its servants, employees, representatives, successors, and assigns from any and all liability, claims, damages, demands, causes of action, and actions whatsoever, whether accrued or accruing, and whether statutory or not, by Owner/Occupants or their heirs, successors or assigns that they have not received just compensation. Owner/Occupants agree that they have received hereunder and/or are waiving any and all compensation to which they would be entitled in a condemnation action for the Property Interests including, but not limited to, any claims for moving expenses, loss of rent, loss of use, inconvenience, or any other compensation related to the sale of the Property Interests or damages to the unburdened portion of the Property. To that end, Owners agree to execute the letter attached as Exhibit D. The foregoing shall not limit Owner/Occupants' remedies for violation of the terms of this Agreement.

(B) interpretation. The section and paragraph headings herein are solely for convenience and shall in no way be deemed to affect the meaning or construction of any part hereof. This Agreement, the legal relations between the parties, and the transaction contemplated hereby, shall be governed by, and construed and enforced in accordance with, the laws of the State of Missouri without regard to its conflicts of law rules. If any term or provision of this Agreement shall be unlawful, then such term or provision of this Agreement shall be null and void, but the remainder of the Agreement shall remain in full force and effect and be binding on both Owner/Occupants and City.

Page-6- of34 Settlement Agreement

(C) Amendment. This Agreement constitutes the entire understanding and agreement between the parties hereto and may not be amended, supplemented, or modified except by a writing executed by each of the parties hereto.

(D) Assigns This Agreement shall be binding upon the parties hereto and their permitted successors and assigns.

(E) No Third Party Right. This Agreement is not intended to create any rights enforceable by any third party beneficiary.

(F) Time of Essence. Time is of the essence of this Agreement.

(G) Entire Agreement. This Agreement contains and constitutes the entire agreement of the parties regarding the subject matter hereof. There are no other agreements, written or oral, between the parties affecting the subject matter hereof.

(H) Jurisdiction and Venue. The Agreement shall be construed according to the law of the State of Missouri; any action to enforce it shall be brought in the Circuit Court of St. Charles County, Missouri.

(I) Execution in Counterparts. This Agreement and quitclaim deed may be executed in two or more identical counterparts, which taken together shaLl constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have set their hands this day and year first above written.


QUIK TRIP CORPORAflON

L;~~( By: Craig Williams

Title: Director of Real Estate

Date:

STATE OF MISSOU RI ) as

COUNTY OF ST. LOUIS )

Subscribed and sworn to before me, a Notary PubLic, this 2011.

day of

Notary Public

MY COMMISSION EXPIRES:

&iv p4 iZ- iE55

LT1 C- t TY d/ j1C'/7 V( LL

C 7t7T

Wo (

10882\OOOOD\726604.DOCX.}- 8 -

ABDULLAH A. MEJJALLID REVOCABLE LIVING TRUST DATED JANUARY 1, 2008

By: Abdullah A. Mejiallid, as Trustee of the Abdullah A. Meijallid Revocable Living Trust Dated January 1 2008

Date:

STATE OF MISSOURI ) (I ) ss


94Fed and sworn to before me, a Nota Public, this day of

,

2011.

Notary7hc


4 NCTA: SEAL ..

MARY ANN TAO KEY My Comrnssjon Expres

My j2,2073 St. Louis COUty


SAMI SULAIMAN MAGBOUL (AKA SAMI SULIMAN MAGBOUL) REVOCABLE LIVING TRUST DATED OCTOBER 3, 2006

By: Sami Sulaiman Magboul, as Trustee of the Sami Sulaiman Magboul aka Sanii Suliman Macjboul) Revocable Living Trust Dated October 3, 2006

Date: (3/ /(

STATE OF MISSOURI ) ss


Subscribed and sworn to before me, a Notary Public, thIS/7 day of 2011.

Notary P 01c


y, P

:N3Ty

SEAL .

MARY ANN TROKEY My Ccmmsa ExpreE

May 12 2013 Si Louls Caunly

Comnsson #09516831

Page- 10-of34 SetUement Agreement

AFAF NAWAB (AKA AFAF M. NAWAB) REVOCABLE LIVING TRUST DATED JANUARY 1,2008

By: Afaf Nawab, as Trustee of the Afaf Nawab (aka Afaf M. Nawbab) Revocable Living Trust Dated January 1 2008

Date: :2}22/;2,.1 (1 O /(

STATE OF MISSOURI ) ) ss


Subscribed and sworn to before me, a Notary Public, this//a' day of 2011.

Notary a7 P u Ii


. SEL.

MARY ANN TROKEY My Commission Expios

Moy 12 20 13 St. Louis County

Comfnission p03516881

Page - il -of34 Settlement Agreement

SAMAR JAMEEL ZAIN1 REVOCABLE LIVING TRUST DATED JANUARY 1, 2008

By: Samar Jameel Zaini, as Trustee for the Samar Jameel Zaini Revocable Living Trust Dated January 1 2008

Date: 5. Q Of


COUNTY OF ST, LOUIS

Subscribed and sworn to before me, a Notary Public, this day of 2011.


NOTAEY

-. SEAL .• - -

MARY ANN TFtOKY My Commission Enpirso

May 122013 St. Losis County

Commission #0951688


HASAF4 JAMEEL ZAINI REVOCABLE LIVING TRUST DATED JANUARY 1, 2008

By: Hasan Jarneel ZainL as Trustee for the Hasan Jameel Zaini Revocable Living Trust Dated January t2008

Date:



Subscribed and sworn to before me, 2011.

a Notary Public, this /_ day of

Notary Publi


_$ NOThY

SEAL

MARY ANN THOKEY My Ccmmigsor Expires

May 12,2013 SI. LoeisCcuniy

com7ission #oiy

Page- 13-of 34 Settlement Agreement

ABDUL AZEEZ JAIEEL ZANI REVOCABLE LIVING TRUST DATED JANUARY 1, 2008

By: Abdul Azeez Jameel Zaini, as Trustee for the Abdul Azeez Jameel Zaini Revocable Living Trust Dated January 1, 2008

Date:

STATE OF MISSOURI ss

COUNTY OF ST. LOUIS

Subscribed and sworn to before me, a Notary Public, thisL day of 2011.

Z212o~l NubIic


MRYAJN IROKEY My

COMMiss i On Expes

My 1 2,2013 St Louis Cowity

NOTARY

SEAL


SARAH JAMEEL ZAINI REVOCABLE LIVING TRUST DATED JANUARY 1, 2008

y: Sarah Jameel Zaini, as Trustee for the Sarah Jameel Zaini Revocable Living Trust Dated January 1, 2008

Date

STATE OF MISSOURI )

) ss COUNTY OF ST. LOUIS )

Subscribed and sworn to before me, a Notary Public, this /7day of ,2011.

Notar' Piic


NTNy

SEAL .. c

MARY ANN TROKEY My Cmrnsson Expires

May 12, 2013 St Lout Co uoty

Comnion

Page- 15-of 34 Settlement Agreement

SEREEN J. ZAINI IRREVOCABLE LIVING TRUST DATED JANUARY 27, 1992

C~ !-S

By: Jameel Hasan Zaini, as Trustee for the Sereen J. Zaini Irrevocable LivinQ Trust Dated January27, 1992

Date: L?

STATE OF MISSOURI )

ss COUNTY OF ST. LOUIS

)

Subscribed and sworn to before me, a Notary Public, this day of /Y/62/ 2011.

7 ublic


MAF1Y ANN TROKEY My Corirnssior Expires

May 12 2O St Louis Cou1y

Conamesios 409516881

NO1AY

SEAL


SATTINA A. MEJJALLID REVOCABLE LIVING TRUST DATE OCTOBER 14, 2008

By: Sattiria N. MelIid, as Trustee for the Sattina A. Mejialid Revocable Living Trust Dated OcØber 14, 2008

Date: /



Subscribed and sworn to before me, a Notary Public, this day of ,2011,

L NotafubIic

MY COMMISSION EXPIRES: MARY ANN TROKEY

My Comrrsson Exr&s May 122C13

St. Louis County compission 40o511

. SEAL


FATMA MOHAMMED SALEH M. ALHARAZI (F/KJA FATMAH M.S.M ABUKHAISHA) REVOCABLE LIVING TRUST DATED APRIL 25, 2007

By: Fatma Mohammed Saleh M. Alharazi (f/k/a Fatmah M.S.M Abukhaisha), as Trustee of the Fatma Mohammed Saleh M. Alharazi (f/k/a Fatmah M.S.M Abukhaisha) Revocable Livinç Trust Sated April 25, 2007

Date: 02L~--'z // STATE OF MISSOURI

ss COUNTY OF ST. LOUIS )

Subscribed and sworn to before me, a Notary Public, this /,day of 2011.

Notary Pu/


MARY ANN IROKEY 1•.ly Cmmisson Expires

May 12,2013 SI. Louis County

CornmiioF1 00E100S

NOTARY SEAL ,.


MOHAMMED A. ALSALMI REVOCABLE TRUST DATED JANUARY 2, 2009

By: Mohammed A. Alsalmi, as Trustee of the Mohammed A. Alsalmi Revocable Trust Dated January 2, 2009

Date:



Subscribed and sworn to before me

4G- ___p2011. a Notary Public, this / U day of

Nktary Pub/


NOWY

. SEAL..

MARY ANN TRDKEY My Corrsr Expires

May 12 2l3 SI. Los Cousy

ComrnjsJ 0951658


EBT1SAM S. GHAREEB REVOCABLE LIVING TRUST DATED OCTOBER 3, 2006

By: Ebtisam S. Ghareeb, as Trustee of the Ebtisam S. Ghareeb Revocable Living Trust Dated October 3, 2006

Date:14 /

STATE OF MISSOURI ) d

) ss COU NTY OF ST. LOU IS

Subscribed and sworn to before me, a Notari Public, this / ay of ,2011.

Notary & Pubi


MARY AN'J lACKEY My COMOSSOn ExPires

May 12. 203 SI. Lous CüuIy

Commson I0E51s831

SEAL ..


IQBAL MEJJALLID REVOCABLE LIVING TRUST DATED DECEMBER 31, 2007

JJ)

By: lgbal MejialUd, as Trustee of the Igbai MeIalUd Revocable Living Trust date December 31 2007

Date:'77

STATE OFMISSOURI )

ss COUNTY OF ST. LOUIS )

Subscribed and sworn to before me, a Notary Public, thiS3// day of Cy7L 2011.

Notary


MARY ANN TROKEY My Conmssrn Expires

May 12, 2013 EL Loas CDUNy

Ccnmiscji 09516E81

N3TNY

SAL


ABDULRAHMAN MOSTAFA ASALI REVOCABLE LIVING TRUST DATED DECEMBER 31, 2007

By: Abdulrahman Mostafa Asali, as Trustee of the Abdulrahman Mostafa Asali Revocable Living Trust dated December 31, 2007

Date:


COUNTYOFST. LOUIS )

Subscribed and sworn to before me, a Notary Public, this (day of 6Y'7

12011.

Notary Pu


NCTAY.°

. SEAL.

MARY ANN TROKEY My Cocninssion Expiros

Moyi22C13 St. Louis County

Cim.r AM1 688 1

Page - 22 - of 34 Settlemenk Agreement

ELEANOR S. MEYER REVOCABLE LiVING TRUST DATED JANUARY 3, 2000

.j

By: Eleanor S. Meyeras Trustee of the Eleanor S. Meyer Revocable Living Trust dated January 3, 2000

Date: /2i'3y Z//

STATEOF MISSOURI 55


Subscribed and sworn to before me, a Notary Public, this3iay of

_________ 2011.

- d Nota3public MY COMMISSION EXPIRES:

MARY ANN TROKEY My Cmrissio Expirns

My 12,2013 St. Louis Couy

Ccrnni 0516881 SEAL


ELEANOR S. MEYER REVOCABLE LIVING TRUST DATED JANUARY 3, 2000

By: Robert L. Meyer r, as Trustee of the Eleanor S. Meyer Revocable Living Trust dated January 3, 2000

Date: /4Y 3 /• b ((


COUNTY OF ST. LOU IS

Subscribed and sworn to before me, a Notary Public, this V'z day of

4117-1 2011.

Notary PuI

MY COMMISSION EXPIRES: . P

•:c•. • SEL

MARY ANN TROKEY My CffimiSsc1 Expi

My 12, 2013 St. Louis Ccuilty

commiss& *095B1


CITY OF WENTZVILLE, MISSOURI

By: Paul Lamb

Title: Mayor

Date:



Subscribed and sworn to before me, a Notary Public, this day of .2011.

Notary Public



EXHIBIT A

Legal Description of Right-of-Way

A TRACT OF LAND BEING PART OF LOT 1 OF QUIKTRIP NO. 654, A SUBDIVISION, ACCORDING TO PLAT BOOK 36 PAGE 178 OF THE ST. CHARLES COUNTY RECORDS, SITUATED IN SECTION 23, TOWNSHIP 47 NORTH, RANGE 1 EAST, CITY OF WENTZVILLE, ST. CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF QUIKTRIP NO. 654, ALSO BEING A POINT ON THE SOUTHWEST LINE OF WEST PEARCE BOULEVARD, 80 FEET WIDE;

THENCE ALONG THE COMMON LINE OF SAID LOTS 1 AND 2, SOUTH 46 DEGREES 07 MINUTES 03 SECONDS WEST, 3.88 FEET;

THENCE DEPARTING SAID COMMON LINE THE FOLLOWING COURSES AND DISTANCES: NORTH 39 DEGREES 54 MINUTES 49 SECONDS WEST, 19.64 FEET TO A POINT OF CURVATURE, ALONG A CURVE TO THE LEFT HAVING AN ARC LENGTH OF 87.55 FEET, A RADIUS OF 424.23 FEET AND A CHORD COURSE OF NORTH 50 DEGREES 02 MINUTES 52 SECONDS WEST, 87.39 FEET, NORTH 62 DEGREES 57 MINUTES 33 SECONDS WEST, 103.39 FEET, ALONG A CURVE TO THE LEFT HAVING AN ARC LENGTH OF 16.63 FEET, A RADIUS OF 424.23 FEET AND A CHORD COURSE OF NORTH 71 DEGREES 04 MINUTES 51 SECONDS WEST, 16.63 FEET, NORTH 82 DEGREES 42 MINUTES 01 SECONDS WEST, 69.32 FEET TO THE SOUTH LINE OF WEST PEARCE BOULEVARD, AS AFOREMENTIONED;

THENCE ALONG SAID SOUTH AND SOUTHWEST LINE OF SAID PEARCE BOULEVARD THE FOLLOWING COURSES AND DISTANCES:, NORTH 83 DEGREES 13 MINUTES 27 SECONDS EAST, 35.09 FEET TO A POINT ON A CURVE, ALONG A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 278.94 FEET, A RADIUS OF 427.72 FEET AND A CHORD COURSE OF SOUTH 58 DEGREES 23 MINUTES 00 SECONDS EAST, 274.02 FEET TO THE POINT OF BEGINNING.


EXHBT B

Legal Description of Temporary Easement

TENPORARY EASEMENT 20288 SQ, FT.

A TRACT OF LAND BEING PART OF LOT 1 OF QUIKTP.ILP NO. 654, A SUBDIVISION, ACCORDING TO PLAT BOOK 35 PAGE 178 OF THE ST. CHARLES COUNTY RECORDS, SITUATED IN SECTION 23, TOWNSHIP 47 NORTH, RANGE 1 EAST, CITY OF WENTZVILLE, ST. CHARLES COUNTY, MISSOURI AND BEING MORE PARTICULARLY DESCRIBES AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF QUIKTRIP NO, 554, ALSO BEING A POINT ON THE SOUTHWEST RIGHT OF WAY LINE OF WEST PEARCE BOULEVARD, 50 FEET WIDE;

THENCE ALONG THE COMMON LINE OF SAID LOTS 1 AND 2, SOUTH 46 DEGREES 07 MINUTES 03 SECONDS WEST, A DISTANCE OF 50.61 FEET;

THENCE DEPARTING SAID COMMON LINE THE FOLLOWING COURSES AND DISTANCES: NORTH 39 DEGREES 18 MINUTES 58 SECONDS WEST, A DISTANCE OF 24.31 FEET; NORTH 17 DEGREES 20 MINUTES 25 SECONDS WEST, A DISTANCE OF 36.58 FEET; NORTH 26 DEGREES 54 MINUTES 48 SECONDS EAST, A DISTANCE OF 21.02 FEET; NORTH 51 DEGREES 40 MINUTES 54 SECONDS WEST, A DISTANCE OF 52.27 FEET; SOUTH 56 DEGREES 05 MINUTES 53 SECONDS WEST, A DISTANCE OF 41.39 FEET; NORTH 65 DEGREES 18 MINUTES 57 SECONDS WEST, A DISTANCE OF 31.55 FEET; NORTH 55 DEGREES 52 MINUTES 55 SECONDS WEST, A DISTANCE OF 39.78 FEET; NORTH 54 DEGREES 57 MINUTES 47 SECONDS WEST, A DISTANCE OF 58.34 FEET; SOUTH 24 DEGREES 27 MINUTES 06 SECONDS WEST, A DISTANCE OF 40.91 FEET; NORTH 88 DEGREES 31 MINUTES 11 SECONDS WEST, A DISTANCE OF 66.30 FEET; NORTH 32 DEGREES 18 MINUTES 37 SECONDS WEST, A DISTANCE OF 40.55 FEET; SOUTH 54 DEGREES 34 MINUTES 55 SECONDS WEST, A DISTANCE OF 59.82 FEET; ALONG A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 234.52 FEET, A RADIUS OF 2366.83 FEET AND A CHORD BEARING OF SOUTH 09 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 234.42 FEET; AND SOUTH 82 DEGREES 53 MINUTES 08 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF WENTZVILLE PARKWAY, 100 FEET WIDE;

THENCE ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: ALONG A CURVE TO THE LEFT HAVING AN ARC LENGTH OF 152.43 FEET, A RADIUS OF 2341.83 FEET AND A CHORD BEARING OF NORTH 09 DEGREES 15 MINUTES 14 SECONDS WEST, A DISTANCE OF 162,41 FEET; NORTH 02 DEGREES 46 MINUTES 21 SECONDS EAST, A DISTANCE OF 91.99 FEET; AND NORTH 45 DEGREES 10 MINUTES 53 SECONDS EAST, A DISTANCE OF 4842 FEET TO SAID SOUTHWEST RIGHT OF WAY LINE OF WEST PEARCE BOULEVARD;

THENCE ALONG SAID SOUTHWEST RIGHT OF WAY LINE, NORTH 83 DEGREES 13 MINUTES 27 SECONDS EAST, A DISTANCE OF 133.12 FEET AND ALONG A CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 278.94 FEET, A RADIUS OF 427.72 FEET AND A CHORD BEARING OF SOUTH 58 DEGREES 23 MINUTES CO SECONDS EAST, A DISTANCE OF 274.02 FEET TO THE POINT OF BEGINNING,

THE ABOVE DESCRIBED TRACT OF LAND CONTAINING 20,288 SQUARE FEET IS BASED ON RECORD INFORMATION AND IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS, IF ANY.


Exhibit A-I

Right-of-Way Plat

RFGFT OF WAY —\ DEI CATID 1.4-3d SQ.F[

Tp3P22

/v -

1 42ar W 0932 _J F=424.25

L=1 5.63' CB=N 71 O41" W

CH=1 63 N 625733 W 1Q3,3 -

I ujj W'GXL L1N T1UST

08 4q12 R3 L4-0D1 3—&32—Ofl— I t LOT 1

QUIK1}P NO. 604 3 PG. 175

OW NT P.O. 36 PC. 176

/ /F / ENCE PLAZ LL

c6 24G FG 216 L4-00E—.327—G-2

L3T 2

OUIKrFJP N. 64 P.O. 36 PC 176

I=421-.23 L=&755

CB=N 50ID215zl 87. 39 N 394 W 1.54-

12C

LE 1 =

EXHIBIT A

INITiAL:________

RIOHI OF WAY DEDICATION EMIBIT ior i OF QIjIKTIW iia S14

23 TCVf#NM 47 NOTrH. RMIGE I EABT Crrf OF WU(TZVILLEI W. CHWVJM COUMV,

Exhibit B-I

Page-28-of 34 Settlement Agreement

Temporary Easement Plat

1EMEJ20ARY CO LC11O EA5EENI [2 9'18'55"r 2431' L3 142654131 21.02 L4 224'27'06W 40.91' 02 L=152.43' =2341.82' C13=N091 5'14" CH=152,41

4842'

:f

bh 3 N5b 2 N18'37"W 978' /

--

40.55' / TMPOFARY

C0NRUCTION R=2356-83 ESE1[NT N65'18'57W

L=234 52 20,288 SQ.FT. 31.56 \- - - CBS 05'25 E /r S66'05'53W

----. CH234.42' St.MI SL]LMVAN V44 6,900L 41.39 U4I3 TRL'ST

LOCj4-0013-8327--00-1 /

/ / L..Ci 1

O1JIKIR1P NO 6I 5 36 i'-

PEA14E P[27A, LLC ) 013 2459 PG 215

/ EASE4T P.O. 36 PG. 178 LCC4-2013--13377-O0-2

/- LOt 7

- 182'53'08'W 25,00' OULNTRIP NO. 654 - PS, 36 PC. 75

5]9 3003 . B

O' 2O'

SCALE; ii = 50'

EXHIBIT "A' INJITIAL:

TEMPORARY CONSTRUC110N EASEMENT EXHIBIT 1.011 OF QUKTP HO. 064

8CTION 23, TOWNSHIP 41 HORTHI RANOE I EAST CITY or WfIZV1LL!. ST. CHARLIS COUNTYP MWSWFV

i.,oitn.a - iNC Ib N, 2011 -

Cl L=l 55.71 R=234 1 3.3 CBN09'508'W 013= 11356 LI '102'462'T 502'

N4510'53"E

Page - 29 of 34 Settlement Agreement

EXHIBIT C

QT Modifications

1 The westernmost West Pearce access point which was labeled by CBB on the original plans as a convert to right-in only" will be returned to a hght-in/right-out as currently exists.

2. The center West Pearce access point will have a hooded left-in off of West Pearce (westbound) and a right-in/right-out; there will be no ability to access the Schnucks Shopping Center parking lot by proceeding straight across West Pearce.

3. The current turning movements shall remain unchanged for the easternmost access.

4. The access on the WentzviUe Parkway shall reman as is which is a right-in/right out as currently exists.


EXHIBIT C-I

Revised Plans

I ---------- I!tov4TPLA{ I

I wii oun k ----- i 87P 42(603)

Page-31 -of34 Settlement Agreement

EXHIBIT C-I (cont'd)

Revised Plans

l L

I : - - V

3 V

V

V2V • VV V V, VV . V - - V i

•• I

i

V VVV/

- - - I I VVrVij 1

'1 iI

I :

-

- -

i I I LVVV, 1 i

- V V 3fV V V V .V

VVV VI , VV ? V V V

•.,IVI } \(.I 7VV

• V V

\ A - V .V;i,I

V r3U.V f A- V_VVVVVVV

- I - • V V V V r V

V

T ' ;

Ii

1 ' - L 1 tk1,1

sit11 IA •LU1IS 0914W 1I)LY1 F

1LVD. Lil

WF2cflYILIf 12 33 V2/ 426O)

Settlement Agreement

EXHIBIT U

DONATION LETTER & WAIVER OF APPRAISAL

Re: Right of Way/Easements Project No. ENG-2007-030A Wentzville Parkway & Pearce Blvd Intersection Improvements

AbduUah A. Mejjallid, Trustee for benefit of Abdullah A. Mejja/lid under Revocable Living Trust Agreement dated January 1, 2008 do Robert L. Meyer 1140W. Pearce Blvd, Wentzville, Missouri 63385

Dear Owner

The City is pleased to inform you of a roadway improvement planned for your area. Engineering drawings which described the proposed project have been supplied to you.

We do want to inform you that you do have the right to receive compensation for the land in question, as determined by an appraisal for the rights taken from your property.

We are hopeful that, because of the benefits to be derived from the project, we can reach an agreement with you to donate approximately 1,438 sq. ft. of your land as right of way and 20,288 sq. ft. of temporary easement to accomplish the construction. If you choose to donate your land, we would appreciate your signing this Fetter below, waiving your right to compensation and pro rata tax adjustment and returning it to us, To comply with regulations, we wl also need your signature later on a formal agreement, or deed.

An acquisition brochure is available for review at:

http://pgmodot.org/fites/1/15/236.18 LPA Right of VjyAcquisition Brochure %28Form 27%29.pdf.

Its purpose is to explain the process which must be followed to acquire right of way.

We look forward to the continuation of our bridge improvement program and are grateful for the opportunity to serve you.

Respectfully,

The City of Wentzville

ACCEPTED BY PROPERTY OWNER

Owner(s) Signature

Page-33 -of 34 Settlement Agreement

Exhibit A Settlement Agreement - Granicus

Documents

Transcript of Exhibit A Settlement Agreement - Granicus