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Home My WebLink About1996-117 - Motel ConstructionBILL NO. 96- ~~ ORDINANCE NO. 96- %~ AN ORDINANCE FINDING THAT THE CONSTRUCTION OF THE MOTEL WITHIN THE TIME PERIOD AS EVIDENCED BY THE ISSUANCE OF AN OCCUPANCY PERMIT FOR THE MOTEL WILL SATISFY THE RESTRICTION, APPROVING THE AGREEMENT OF SATISFACTION AND SATISFACTION OF RESTRICTION AND AUTHORIZING CITY OFFICIALS TO ENTER INTO SUCH AGREEMENTS. WHEREAS, the City of Riverside, Missouri ("City") and Phillip H. Snowden and Jane E. Snowden ("Snowdens") entered into an Agreement dated June 7, 1993, which was amended December 20, 1994 (collectively, the "Agreement"); WHEREAS, pursuant to the Agreement the Snowdens transferred approximately 27 acres to the City and retained approximately 14.52 acres, more particularly described in the Agreement ("Snowden Property"); WHEREAS, paragraph 3 of the Agreement ("Restriction") states that: Donor agrees to convey the balance of the 41.72 acres to Donee if, within eighteen months from the date the permanent road is completed by Missouri Gaming Company and if within said stated time, North Sports, Inc., its affiliate or Phil and Jane Snowden or assigns has not completed the final plans and produced all financing, commitments and construction documents to build an indoor sports arena or a recreational, entertainment or sports related facility compatible with the City Park and for use by the general public. WHEREAS, the Snowdens desire to build a motel on the Snowden Property ("Motel") to satisfy the Restriction; WHEREAS, the Snowdens have requested that the City agree, pursuant to the Agreement of Satisfaction attached as Exhibit A, that the Motel will satisfy the Restriction and that the City release the Restriction on the Snowden Property; NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri: Section 1. That the construction of the Motel on the Snowden Property within eighteen months from July 16, 1996 (the date the permanent road was completed by Missouri Gaming Company) ("Time Period"), which completion shall be evidenced by the issuance of an occupancy permit for the Motel ("Permit"), shall satisfy the Restriction. l:A61492VOOW2\SNO WDEN.OR Section 2. That upon the Snowdens presenting the Permit to the City Clerk and requesting, in writing, that a Satisfaction of Restriction, in substantially the form attached as Exhibit B, evidencing the satisfaction of the Restriction be executed and recorded of record, the Mayor, City Clerk and other City officials may execute and file such Satisfaction of Restriction of record. Section 3. That the Agreement of Satisfaction attached as Exhibit A and the Satisfaction of Restriction attached as Exhibit B are approved and the Mayor, City Clerk and other City officials are authorized and directed to execute such agreements, in substantially the forms attached with such changes as such officials approve, execution of such agreements being conclusive evidence of such approval. Section 4. This ordinance shall take effect immediately. Passed this ~ day of October, 1996. ~ ~--~ ~~ ATTEST: MAYOR CITY CLERK ~ _~_ J:\61492\00002\SNOWDEN.OR EXHIBIT A AGREEMENT OF SATISFACTION This Agreement of Satisfaction is made October ~, 1996 between the City of Riverside, Missouri ("City") and Phillip H. Snowden and Jane E. Snowden ("Snowdens"). A. The City and the Snowdens entered into an Agreement dated June 7, 1993, which was amended December 20, 1994 (collectively, the "Agreement"), which Agreement is recorded as Document 0008458, in Book 0792 at Page 432. B. Pursuant to the Agreement, the Snowdens transferred approximately 27 acres to the City and retained approximately 14.52 acres, more particularly described on Exhibit A ("Snowden Property"). C. Paragraph 3 of the Agreement ("Restriction") states that: Donor agrees to convey the balance of the 41.72 acres to Donee if, within eiehteen months from the date the permanent road is completed by Missouri Gaming Company and if within said stated time, North Sports, Inc., its affiliate or Phil and Jane Snowden or assigns has not completed the final plans and produced all financing, commitments and construction documents to build an indoor sports arena or a recreational, entertainment or sports related facility compatible with the City Park and for use by the general public. D. The Snowdens desire to build a motel on the Snowden Property ("Motel") to satisfy the Restriction. E. The Snowdens have requested that the City agree that the Motel will satisfy the Restriction and that the City release the Restriction on the Snowden Property; NOW, THEREFORE, in consideration of the mutual premises and conditions set forth herein, the parties agree as follows: 1. The Motel will be a facility which constitutes "an indoor sports arena or a recreational, entertainment or sports related facility compatible with the City Park and for use by the general public. " 2. The construction of the Motel on the Snowden Property within the Time Period (defined below), which completion shall be evidenced by the issuance of an occupancy permit for the Motel ("Permit"), will satisfy the Restriction. J:A61492100002\SNO W DEN. AGT 3. Upon completing the Motel within eighteen months from July 16, 1996 (the date the permanent road was completed by Missouri Gaming Company) ("Time Period") and securing the Permit, the Snowdens will present the Permit to the City Clerk and will request, in writing, that a Satisfaction of Restriction, in substantially the form attached as Exhibit B, evidencing the satisfaction of the Restriction, be recorded of record in the Office of the Platte County Recorder of Records. Upon receipt of such request and examination of such Permit, the Mayor, City Clerk or other City officials will execute and file such Satisfaction of Restriction of record. above. IN WITNESS WHEREOF, the parties have executed this Agreement the date set forth ATTEST: ~/ _ .. ~ CITY CLERK ~ ~-~ ~. ~lil, a-c~-~c~_a Phillip H. Snowden "CITY" J - ~_~ `-' 1~IAYO "SNOWDENS" e~Ylx- ~.` ~L.t~' '~',~ ~rie E. Snowden J:\61492\00002\SNO W DEN. AGT EX~3IBIT ~ LEGAL. DESCRIPTION ~ tract of land located in fractional Section 9, To:msFf.p ~0 North, Range 33 West, Riverside, Platte County, Missou_~i, being more particularly described as PoIIoWS: Ccmaencinq at the Nart.`.•rest corner of said Practior.al section 9; thence S 0002'00" E along the West line of said Practiona? Section 9 a distance of 1,591.Sa feet; ::fence S 39°20'30" E a d_star.ce o. 3%?.65 Peet; thence St 7a~4a"i7" E a distance of 72.45 feet; t: ence S 11°11'33" E a dist3nCe of 8.00 feet; thence N 78°49'3?" c a distance of 113.34 feet; thence on a curve to the Ie.~'t, tangent to the IasL described course having a radius °f 4b3.00 feet and an arc distance o° 5%._s feet; t;7ence x 71048'27" E a distance o: 109.58 feet to t'ie point of beginning of the tract o~ land to be described; thence K 18011'33" W a distance of 240.00 feet; thence N 1705'29" E a distance oz 260.00 feet; thence N 02°55'40" W a distance 545.20 feet; thence ~t 66046`47^ E a distance of 495.85 feet to the southerly right-of-tray line of Chicago Burlington and Qu_ncy Railroad; thence 5 09°35'25" E along said right-of-Way line a .i..:7-n.,:ce.. cP 1b2.00 fzet to the East line of the west half oz tl:e 'vJest ha'_P of fractional Section 9; thence S 00°x2'00" E along said East Line a distance of 55a.38 feet; thence S 71e48'27" W a distance of 613.Oc feet Co the point of hgsfnn?nq_ Contai::s 632,495 sr,'.:arA :eet or 7.4.52 acres more cr less_ y'~ ~ ih!~ ~,;;n ~ n ...,; a n~drt? i~~'he PIOY?6 ,,,. IriG ~qX, rti t ~li((i c' ',P ~UBddS vc;~ ~! `1r.~re ~_i~y'ri0 o401'i, (815) 85~~332(1 EXHIBIT B SATISFACTION OF RESTRICTION 015167 i This Satisfaction of Restriction is made ~' , ~ ~ ;1199 by the City of Riverside, Missouri ("City"). A. The City and Phillip H. Snowden and Jane E. Snowden ("Snowdens") entered into an Agreement dated June 7, 1993, which was amended December 20, 1994 (collectively, the "Agreement"), which Agreement is recorded as Document 0008458, in Book 0792 at Page 432. B. Pursuant to the Agreement, the Snowdens transferred approximately 27 acres to the City and retained approximately 14.52 acres, more particularly described on the attached Exhibit A ("Snowden Property"). C. Paragraph 3 of the Agreement ("Restriction") states that: Donor agrees to convey the balance of the 41.72 acres to Donee if, within eighteen months from the date the permanent road is completed by Missouri Gaming Company and if within said stated time, North Sports, Inc. , its affiliate or Phil and Jane Snowden or assigns has not completed the final plans and produced all financing, commitments and construction documents to build an indoor sports arena or a recreational, entertainment or sports related facility compatible with the City Park and for use by the general public. D. The City and the Snowdens entered into an Agreement of Satisfaction pursuant to which they agreed that the Motel would be a facility which constitutes "an indoor sports arena or a recreational, entertainment or sports related facility compatible with the City Park and for use by the general public. " E. The Motel has been constructed and an occupancy permit for the Motel ("Permit") has been issued by the City in accordance with the Agreement and the Agreement of Satisfaction. F. The Snowdens have presented the Permit to the City Clerk and have requested, in writing, that this Satisfaction of Restriction be recorded of record in the Office of the Platte County Recorder of Records. NOW, THEREFORE, in consideration of the mutual premises and conditions set forth herein, the City finds that the Restriction has been satisfied and that it shall be of no further force or effect. IN WITNESS WHEREOF, the City has executed this Satisfaction the date set forth above. ~TT~T: ~ ~- i CITY CLERK "CITY" - ~ _~ ~ , ,; ~~~ ~ i/~= ... `~ MA Du'.~~.~~ 1 ~ P~~l 4•t_.1~61492V00002\SNOWDEN.SAT STATE OF 4u ) ~i j ; ) ss. COUNTY OF ~ ~e, ) /' On this ,.~Z~ day of ~ ° ~ ~ ~ , 1996, before me, a Notary Public, personally appeared Ed Rule, Mayor of the City of Riverside, Missouri, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office the day and year last above written. ~__~ ~~ Notary Public My commission expires: =' ~~%1 ~,i~n'71 ~~~~ 433 1: \61492\00002\S NO W DEN .SAT 001516'7 H~TIBIT ~ LEGAL. bESCRIPTI0~1 A tract of land located in fractional Section 9, ToF-nsti.p 5o North, Range 33 West, Riverside, Platte Counry, tifisscuri, being Wore particularly described as Pallovs: Commencing at the Nart*.west corner of said fractional Section 9; thence S 3G02'oa" E along the West line of Laid rrzc±ior_al ~ecti0n 9 a dio t~itlCe of 1.591_58 feat thence S 89°20'30" E a d;atance of 3%%.65 feet; thence N 78048+.27+~ E 3 dlatance of 72.45 feet; thence S 11°11'33" E a distance of 3.00 feet; thence N 78048'~~" E a distance of 113.34 feet; t:~enca or. a curve tc the left, tangent to the last described course hav;.ng a radius o° a0a_00 feet ar_d an arc distance of 57.13 fee^; thence N 71o4a.Z-7+~ E a distance of 109.58 feet to the paint of eginn:.nq of the tact of land to be described; thence N i8a11'33" W a distance of 243.00 feet; thence N 17c15'2g++ g a distance. of 260.00 feet; thence N 02o55'4C" W a distance 545.2,7 feet; thence N 66°46'47" C d distance of 495.85 feet to the Southerly right-of-way lire of Chicago Burlington and Qcincy ?7ailroad; thence S 09035' 25" E along said right-c'-waY line a c.:...Y-a..:ca._ of 152 , 00 feet to the East line of the West half oz t:ze West ha;f o` fractional Section 9; t::er.ce S COo02~pp~+ ~ alcrq sa'd East line a distance of 9b8.33 feet; tne.^.ce S 7loas+z?+~ w a 3istar.ce of 6,3.Oo reef to the point of beginning. Contains 032,495 square :eat or ia.52 acres morn or less. I ~' ~ - ~ I '~ 'i L „ ,.1~~s3 li ~~~~ ~~9) rCT 29 P 12~ X57.7