HomeMy WebLinkAbout1994-77 - Contract for Modification of Agreement with P. and J. Snowden~l n~~
BILL NO. ~~ / ? ORDINANCE NO. ~~^
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT PROVIDING FOR
A MODIFICATION IN THE AGREEMENT BETWEEN THE CITY OF RIVERSIDE AND
PHIL SNOWDEN AND JANE SNOWDEN.
WHEREAS, on the 7th day of June, 1993, an Agreement was
executed between the City of Riverside and Phil Snowden and Jane
Snowden providing for the donation, by warranty deed, of certain
real estate located in the City of Riverside and owned by Phil
Snowden and Jane Snowden; and
WHEREAS, Phil and Jane Snowden reserved 14.52 acres out of the
total acreage of 44.38 acres to develop an indoor sports arena
under specific terms and conditions as set forth in the June 7,
1993 Agreement; and
WHEREAS, the Missouri Gaming Company is now licensed to
operate a Riverboat Casino at the City of Riverside's designated
Riverboat location; and
WHEREAS, the defeat of Constitutional Amendment No. 3 on April
5, 1994, has delayed the development of Missouri Gaming Company's
permanent gaming site, which has then resulted in a delay in the
infrastructure necessary for Snowden's development of their
proposed sports facility; and
WHEREAS, Constitutional Amendment No. 6 has passed which
permits games of chance on riverboat casinos; and
WHEREAS, some additional time should now be granted to the
Snowdens to locate new investors or substitute North Sports, Inc.
for a successor which is satisfactory to the city such that a
recreational facility can still be developed compatible with city
park uses and/or Missouri Gaming uses and all subject to further
approval by the City of Riverside; and
WHEREAS, the permanent roadway proposed to be developed in the
east/west direction for the permanent gaming site of Missouri
Gaming Company has been relocated to a more northerly location to
avoid interference with certain wetland areas; and
WHEREAS, the relocation of the roadway for the permanent site
requires a reduction of 2.66 acres from the tract of land reserved
by Phil and Jane Snowden from the total acreage to be deeded to the
City of Riverside; and
WHEREAS, the lesser acreage to be deeded to the City of
Riverside pursuant to the original agreement will still be
sufficient to provide for the future needs of the City of Riverside
and its development of the park area and proposed golf course.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Amendment to the Agreement with Phil Snowden
and Jane Snowden, a copy of which is attached hereto and
incorporated herein by reference as if fully set forth, is hereby
approved.
Section 2. The City intends, by this ordinance, to ratify the
entire Agreement with Phil Snowden and Jane Snowden, including the
Amendment to Agreement approved herein.
Section 3. The Mayor and City Clerk are directed to take such
further action as may be necessary to implement the intent of this
ordinance, including the execution of said Amendment to Agreement.
PASSED THIS 2 ~ DAY OF ~.GC'1e%~t~it/ 1994 .
MAYOR
ATTE
CITY CLERK
APPROVED THIS ~ DAY OF ~~.~/~-~C ~ 1994 .
MAYOR
AMENDMENT TO AGREEMENT
This Agreement made on this 2U day of ~~2~%~%~ ,
1994, by and between the City of Riverside, Missouri, hereinafter
called "Donee" and Phil Snowden and Jane Snowden, husband and wife,
hereinafter called "Donor".
WHEREAS, the parties on the 7th day of June, 1993, entered
into an agreement for certain land in the City of Riverside, which
provided, among other things, for the donation of a tract of land
to the City of Riverside by Donors subject to certain terms and
conditions including future events; and
WHEREAS, a conveyance by Donor to Donee was conditioned upon
the approval of the Missouri Gaming Commission to Missouri Gaming
Company for a license to operate a Riverboat Casino at the City of
Riverside's designated riverboat location; and
WHEREAS, said license has been issued to Missouri Gaming
Company; and
WHEREAS, the real estate owned by Missouri Gaming Company for
its permanent gaming site will require a permanent roadway to be
built by Missouri Gaming Company; and
WHEREAS, it has been determined that the proposed permanent
roadway must be constructed to avoid certain wetland areas,
necessitating the relocation of the permanent roadway at a location
north of its original intended site; and
WHEREAS, the relocation of the proposed roadway necessitates
use by Missouri Gaming Company of approximately 2.66 acres,
constituting a triangular-shaped tract of land along the Southeast
corner of the 14.52 acre tract of land to be initially retained by
Donor for development; and
WHEREAS, the reduced acreage of the donated land from Donor is
still sufficient to meet the needs of the City of Riverside in its
future development of its park property for a proposed golf course
or otherwise; and
WHEREAS, Donor has determined that additional acreage from
that part originally designated to be immediately donated to the
City of Riverside must be retained to the extent of an additional
2.66 acres which specific legal description shall be based upon
survey to be obtained by Missouri Gaming Company, at its expense,
and subsequently approved by the City; and
WHEREAS, Donor requires additional time to develop the
retained acreage and/or obtain a satisfactory substitute developer
for said site;
NOW, THEREFORE, in consideration of the promises and mutual
covenants and conditions contained herein, the parties agree as
follows:
1. That the Agreement between Donee and Donor dated June 7,
1993, is hereby ratified and affirmed excepting as specifically
amended herein.
2. That the legal description as set forth in the
introductory paragraph of the Agreement dated June 7, 1993, shall
be amended such that the total acreage described in said legal
description shall be 41.72 acres more or less rather than 44.38
acres. A second exception shall be added to the legal description
as follows:
Except a tract of land legally described as follows:
A tract of land in the West half of the West half of
Fractional Section 9, Township 50, Range 33, Riverside,
Platte County, Missouri, being more particularly
described as follows: Commencing at the Northwest corner
of said Fractional Section 9; Thence S 00402'00" E along
the West line of said Fractional Section 9 a distance of
1,591.58 feet to a point on the North line of a tract of
land described in Book 786 at Page 418; Thence S
89420'30" E along said North line a distance of 377.65
feet to the point of beginning of the tract of land to be
described; thence N 78448'27" E a distance of 72.45 feet;
thence S 11411'33" E a distance of 8.00 feet; thence N
78448'27" E a distance of 113.34 feet; thence along a
curve to the left, tangent to the last described course,
having a radius of 468.00 feet and an arc length of 57.18
feet; thence N 71448'27" E a distance of 722.66 feet to
a point on the East line of the West half of the West
half of said Fractional Section 9; thence S 00402'00" E
along said East line a distance of 278.97 feet to a point
on the North line of said tract of land described in Book
786 at Page 418; thence N 89420'30" W along said North
line a distance of 925.85 feet to the point of beginning.
Contains 116,072 square feet or 2.66 acres more or less.
3. That Paragraph 2 of the original agreement will be
amended such that the first line which reads "30", shall be amended
to read "27.33".
4. That Paragraph 3 of the original agreement shall be
amended in respect to both the total acreage to be donated and the
time for the completion of the project by the Donor or its
designated successor, which amended Paragraph 3 shall read as
follows:
3. The remaining 14.52 acres.
Donor agrees to convey the balance of the 41.72 acres to Donee if,
within ,~ ~r~Z~ w months from the date the permanent road is
completed by Missouri Gaming Company- ~S'
~,
&amir~g-E~ ,
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. If North Sports, Inc. its affiliate, Phil and Jane
Snowden or assigns comply with the above contingencies, then Donee
receives no interest in the sports area parcel of approximately
14.52 acres, more or less. The additional 2.66 acres needed by
Donor for its indoor sports arena project shall be determined by
survey obtained by Missouri Gaming Company, Inc., at its cost, and
subject to approval by the City of Riverside.
Attest:
_/~
City Clerk /
CITY OF RIVERSIDE, MISSOURI
By : ~~ ~ ~.G~
Mayor
Phil Snowden
Ja-~ Snowden
ti~
~G~-' ~ x(11 ~'~13
MISSOURI WARRANTY DEED
THIS INDENTURE, made on the ~ 3 ~~day of December, A.D., One
Thousand Nine Hundred and Ninety-four, by and between Phillip H.
Snowden and Jane E. Snowden, of the County of Clay, State of
Missouri, parties of the first part, and The City of Riverside,
Missouri, a municipal corporation, of the County of Platte, State
of Missouri, party of the second part.
(Mailing address of said first named grantee is: 4443 N.W.
Gateway, Riverside, Missouri 64150).
W I T N E S S E T H:
THAT THE SAID PARTIES OF THE FIRST PART, solely as a gift and
with no other consideration, transfer to the said party of the
second part its successors and assigns, the following described
real estate lying, being and situated in the County of Platte, and
State of Missouri, to-wit:
A tract of land in the Southwest Quarter of Section 4, Township 50,
Range 33, and the Northwest Quarter of Section 9, Township 50,
Range 33, Platte County, Missouri, described as follows: Beginning
at a railroad rail at the Northwest Corner of said Section 9;
thence South along the West line of said Section 9, 1591.23 feet,
deed (measures 1592.11 feet) to a gas pipe; thence East 1303.5
feet, deed (mesures 1303.17 feet) to a pui;it in the East line of
the West half of the West half of Fractional Section 9, Township
50, Range 33, thence North along said East line 1248.0 feet to a
point in the Southerly right of way line of Chicago, Burlington &
Quincy Railroad as now located; thence Northwesterly along the
Southerly line of said Railroad, 1391.0 feet, deed (measures
1390.66 feet) to the intersection of said Southerly right of way
line and the West line of the Southwest Quarter of Section 4,
Township 50, Range 33, thence Southerly along said West line, 127.0
feet, deed (measures 126.48 feet) to the point of beginning.
Contains 1,933,192.80 Sq. Ft. or 44.38 Acres more or less, EXCEPT
tracts of land being some 14.520 acres and 2.66 acres as described
below:
A tract of land located in Fractional Section 9, Township 50 West,
Range 33 West, Riverside, Platte County, Missouri, being more
',, ,, ~ /.
particularly described as follows: Commencing at the Northwest
Corner of said Fractional Section 9; thence S. 00°02'00" E along
the West line of said Fractional Section 9 a distance of 501.37
feet; thence N 89°58'00" E a distance of 397.76 feet to the point
of beginning of the tract of land to be described; thence S
86°29'56" E a distance of 640.78 feet; thence S 00°02'00" E
Parallel to the West line of said Fractional Section 9, a distance
of 874.75 feet; thence S 71°48'27" W a distance of 442.63 feet;
thence on a curve to the right, tangent to the last described
course, having a radius of 468.00 feet and an arc distance of 57.18
feet; thence S 78°48'27" W a distance of 113.34 feet; thence N
11°11'33" W a distance of 8.00 feet; thence S 78°48'27" W a
distance of 13.07 feet; thence N 11°11'33" W a distance of 197.00
feet; thence N 00°02'00" W parallel to the West line of said
Fractional Section 9, a distance of 890.00 feet to the point of
beginning. Contains 632,491 Square Feet or 14.52 acres more or
less, and
A tract of land in the West half of the West half of Fractional
Section 9, Township 50, Range 33, Riverside, Platte County,
Missouri, being more particularly described as follows: Commencing
at the Northwest corner of said Fractional Section 9; Thence S
00°02'00" E along the West line of said Fractional Section 9 a
distance of 1,591.58 feet to a point on the North line of a tract
of land described in Book 786 at Page 418; Thence S 89°20'30" E
along said North line a distance of 377.65 feet to the point of
beginning of the tract of land to be described; thence N 78°48'27"
E a distance of 72.45 feet; thence S 11°11'33" E a distance of 8.00
feet; thence N 78°48'27" E a distance of 113.34 feet; thence along
a curve to the left, tangent to the last described course, having
a radius of 468.00 feet and an arc length of 57.18 feet; thence N
71°48'27" E a distance of 722.66 feet to a point on the East line
of the West half of the West half of said Fractional Section 9;
thence S OOQ02'00" E along said East line a distance of 278.97 feet
to a point on the North line of said tract of land described in
Book 786 at Page 418; thence N 89°20'30" W along said North line a
distance of 925.85 feet to the point of beginning. Contains
116,072 square feet or 2.66 acres more or less.
Subject to any easements, restrictions or reservations of record.
TO HAVE AND TO HOLD the premises aforesaid with all and
singular, the rights, privileges, appurtenances and immunities
thereto belonging or in any wise appertaining unto the said party
of the second part and unto its successors and assigns forever; the
said Phillip H. Snowden and Jane E. Snowden hereby covenanting that
they are lawfully seized of an indefeasible estate in fee of the
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O(-1 x'313
premises herein conveyed; that they have good right to convey the
same; that the said premises are free and clear from any encum-
brance done or suffered by them or those under whom they claim; and
that they will warrant and defend the title to the said premises
unto the said party of the second part and unto its successors and
assigns forever, against the lawful claims and demands of all
persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals the day and year above written.
Phillip Snowden ne E. Snowden
STATE OF MISSOURI )
ss.
COUNTY OF CLAY )
~ L /
On this ~3" day of December, 1994, before me, the under-
signed, a Notary Public, personally appeared Phillip H. Snowden and
Jane E. Snowden, husband and wife, to me known to be the persons
described in and who executed the foregoing instrument, and
acknowledged that they executed the same as their free act and
deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal at my office in Liberty, Missouri, the day and
year last above written.
J~~~„ p FORp',~~~~i~
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My Commissin~;l~pire~ n
.lun~2D,1DD9 ~ y
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^~~:'r:i~ .~~ PAG:Iii~,J
Notary Public
GidIC U' i'I
.~..i ~~ ~: FRIIfY Ih~(r:Ui.(i.~ ;,~l.i.IVED
'" !994 DEC 30 P 4~ O I .I
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