HomeMy WebLinkAboutR-2012-150 Amendment to Purchase and Sale Agreement for Riss and Edwards Tracts RESOLUTION NO. R-2012-150
A RESOLUTION AUTHORIZING, RATIFYING AND CONFIRMING EXECUTION OF AN
AMENDMENT TO THE AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY
AND BR NORTHPOINT, LLC IN CONNECTION WITH CERTAIN PROPERTY LOCATED IN
FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8 OF TOWNSHIP 50 NORTH,
RANGE 33 WEST IN THE CITY OF RIVERSIDE, MISSOURI [RISS AND EDWARDS
TRACTS]
WHEREAS, pursuant to Resolution R-2012-122 the Board of Aldermen approved an
Agreement of Purchase and Sale between the City of Riverside, Missouri ("Purchaser") and BR
NorthPoint, LLC, ("Seller") for the purchase of approximately 83.915 acres, more or less, in the
Horizons Development area according to the terms and conditions set forth in such agreement;
and
WHEREAS, the Board of Aldermen fnd it is in the best interest of the City, fulfills a public
purpose, will further the growth of the City, facilitate the development of the Horizons
development area, improve the environment of the city, foster increased economic activity within
the City, increase employment opportunities within the City, will further the objectives of industrial
and economic development of the City and other wise further the health safety and welfare of the
citizens of the City to enter into an amendment of such agreement as set forth in Exhibit "A"
attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Mayor is hereby authorized to execute and deliver the Amendment to the
Agreement of Purchase and Sale between the City of Riverside, Missouri ("Purchaser') and
BR NorthPoint, LLC, ("Seller') in substantially the same form as attached hereto as Exhibit "A"
(the "AmendmenY') and the City Clerk is authorized to attest thereto and all actions related
thereto taken prior to the adoption of this resolution are hereby ratified and confirmed;
FURTHER THAT the City Administrator, Mayor, Finance Director and/or other city
officials are hereby authorized to execute any and all other documents necessary or
incidental to carry out the terms and conditions of such Amendment and to make any
payments or adjustments necessary in the purchase price, closing costs and/or proration of
taxes and assessments related to the purchase of such real property as set forth therein and
all actions related thereto taken prior to the adoption of this resolution are hereby ratified and
confirmed.
PASSED AND ADOPTED by the �ard of AI,�Iermen a d APPROVED by the Mayor
of the City of Riverside, Missouri, the .° day of 11��/��j, 2012.
�, , ' .
� � '� � Kathleen L. Rose, Mayor
. �,
" A,7FEST: @ �
� ;:
Robin Littreil, Ci Clerk
� �y '� " Approved as to Form:
. `
a c om son, City Attorney
AMENDMENT TO
AGREEMENT OF PURCHASE AND SALE
BETWEEN
THE CITY OF RIVERSIDE, MISSOUffi ("PURCHASER")
AND
BR NORTHPOINT, LLC ("SELLER")
(RISS/EDWARDS)
THIS AMENDMENT TO THE AG�2EEMENT OF PURCHASE AND SALE (this
"Amendment") is made as of the�`�" day of �fovFpn,�,�yt, , 2012 by and between the CITY OF
RIVERSIDE, MISSOURI, a Missouri municipal corporation ("Purchaser"), and BR NORTHPOINT,
LLC, a Missouri limited liability company, and/or its assigns ("Seller"). In consideration of the
agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Seller and Purchaser hereby agree as follows:
WHEREA5, on or about ffie 21 day of August, 2012 the parties entered into that certain
Agreement of Purchase and Sale (the "AgreemenY') attached hereto as Exhibit "A"; and
WHEREAS, the parties desire to amend the Agreement as set foRh in this Amendment and the
Board of Aldermen has further determined that the purchase of the Land as provided for in the Agreement
as amended herein, fulfills a public purpose and will further the growth of the City of Riverside (the
"Ciry"), facilitate the development of the entire Horizons site, improve the environment of the City, foster
increased economic activity within the City, increase employment opportunities within the City, enable
the City to direct the development of the Horizons site, and otherwise be in the best interests of the City
by furthering the health, safety, and welfare of its residents and taxpayers; and
NOW, THEREFORE, in consideration of the premises, TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
and the mutual undertakings of the parties hereinafter set forth, it is hereby agreed by the parties as
fol lows:
Section 1. Section 4.05 of the Agreement shall be amended by deleting such section in its
entirety and replacing it with the following:
4.05 Prorations. Unless otherwise stated herein, prorations shall be made as of March
30, 2012 (such date being the "Proration Date"):
(a) Rents and Income. Collected rents and other income from the Land, if
any, which are attributable to the period of time in which the Closing occurs shall
be prorated between the parties as of the Closing, and Purchaser shall receive
credit against the Purchase Price for the portion of such rents and other income
which is attributable to the period after Closing. Delinquent rents shall not be
prorated; provided, however, that, if Purchaser collects any delinquent rents or
expense reimbursements after Closing, Purchaser agees to pay to Seller any
delinquent rents or expense reimbursements attributable to the period prior to the
Closing Date after alI rents or expense reimbursements attributable to the period
from and after the Closing Date shall have been paid in full.
(b) Current Ad Valorem Taxes. Real and personal property ad valorem
taxes, assessments and PILOTS pertaining to the Land for the yeaz in which the
Closing occurs shall be prorated as of the Proration Date (collectively, "Taxes"),
based upon actual days involved. Seller shall be responsible for all Ta�ces
pertaining to the Land for any period prior to the Proration Date. Purchaser shall
receive credit on the amount of the cash payments to be made by Purchaser
pursuant hereto for the prorated amount of such Taxes for the year of Closing
which is chargeable to Sellec In connection with the proration of Taxes, if actual
figures for the yeaz of the Closing aze not available at the Closing, an estimated,
tentative proration of Taxes shall be made using most recent assessment and tax
rate information available; provided, however, that, when the actual taxes for the
year of the Closing are available, a corrected proration of taxes shall be made. If
such Taxes for the yeaz of the Closing increase over those for the preceding year,
Seller shall pay to Purchaser a pro rata portion of such increase, computed to the
Proration Date, and conversely, if such taaces for the year of the Closing decrease
from those of the preceding year, Purchaser shall pay to Seller a pro rata portion
of such decrease, computed to the Closing, with any such payment to be made
within ten (10) days after notification by either party that such adjustment is
necessary. If all or part of the Land is located in a tax pazcel for the year of
Closing which includes property that is not within the Land, then the Taxes
attributable to such tax parcel for the land value only and excluding the value of
any improvements there for the year of Closing shall be allocated between the
Land (or applicable portion thereofl and the other portions of such tax parcel on
the basis of the percentages which the gross surface areas of the Land (or
applicable portion thereo fl and such other portions of such tas pazcel represent of
the total gross surface area of such tax parcel. If all or part of the Land is located
in a tax parcel for the year of Closing which includes property that is not within
the Land, and all Taxes attributable to such tax parcel shall not have been paid in
full at or prior to the Closing, each of Seller and Purchaser shall be obligated to
deposit in escrow with the Escrow Agent at Closing an amount equal to the
Taxes estimated to be due with respect to their respective portions of such tax
parcel far the entire year of Closing, which amounts will be held by Escrow
Agent pursuant to an escrow agreement in form reasonably acceptable to Seller
and Purchasec This provision shall survive the Closing.
(c) Other Taxes and Assessments. All Taxes to the Proration Date
(including installments due after the Closing with respect to special assessments
which are payable in installments) and all Taxes for periods prior to the tax year
in which the Closing occurs shall be paid in full by Seller on or before the
Closing. Seller shall be responsible for and indemnify Purchaser against any
Ta�ces attributable to the period prior to the Proration Date, including, but not
limited to, any Taxes deferred to subsequent yeazs due to an exemption or special
use valuation.
(d) Post-Closing Adjustments. Seller shall, on or before the Closing,
furnish to Purchaser and the Escrow Agent all information reasonably available
to Seller that is necessaty to compute the foregoing proration of Taxes. To the
extent possible, the amount of any adjustment described in this section shall be
estimated and paid at the Closing based upon the best information available to
Purchaser and Seller at the time, and shall be adjusted as soon thereafrer as may
be reasonably practicable when final billings are available or when such amounts
may be determined with reasonable certainty. The foregoing obligations shall
survive the Closing, any other provision hereof to the contrary notwithstanding.
Section 2. Except as provided in Section 1 oF the Amendment, the remaining provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment has been duly executed in multiple counterpaRs
(each of which is to be deemed an original for all purposes) by the parties hereto to be effective on the
date and year first above written.
SELLER
CITY OF RIVERSIDE, MISSOURI
, - By: � �� • �
Kathleen L. Rose, Mayor
(S�ALj
Rttest: �
' e���
Robin Li�trell,.City Clerk
Approved As To Form:
a y ompson, City Attorney
Counte ' ned by City Purchasing Agent:
Grego . M s, Interim City Administrator
PURCHASER
BR NORTHPOINT, LLC,
a Missouri limited liability company
By:
Nathaniel Hagedon� ager
AGREEMENT OF PURCHASE AND SALE
BETWEEN
TA� CITY OF RIV�RSIDE, MISSOURI ("PURCHASER")
AND
BR NORTFIPOINT, LLC ("SELLER")
THIS AGREEMENT OF PURCHASE AND SALE (this "Agreement") is made as of the
Effecdve Date liereinafter defined by end behveen the CITY OF RIVERSIDE, MISSOURi, a Missouri
municipal corporation ("Purchaser"), and BR NORTIIPOINT, LLC, a Missouri limited liability
company, and/or its assigns ("Seller"). In consideration of the agreements contained herein and for other
good and valuable caisideration, the receipt and sufficiency of which are hereby acknowledged, Seller
and Purchaser hereby agree as follows:
WHEREAS, Seller currently owns the real property described in Exhibit A hereto (the "Land")
and wishes to sell the Land to Purchaser on the terms herein set forth, and Purchaser wishes to purchase
the Land on the terms herein set foith;
WHEREAS, The Board of Aldermen has determined tliat the purchase of tlie Land as provided
for in this Agreement, fulfills a public purpose and will further the growth of the City of Riverside (the '
i
'City"), facilitate the development of the entire Horizons site, improve tlie environment of the City, foster
increased economic activity within the City, increase employment opportunities within the City, enable
the City to direct the development of the Horizons site, and othenvisa be in the best interests of tiie City
by furthering the health, safety, and welfare of its residents and taxpayers; and
NOW, TI in consideration of the premises, TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
and the mutual undertakings of the parties hereinafter set fo�fh, it is hereby agreed by the parties as
follows:
ARTICLE I
SALE AND PURCHAS�
1.01 Sale and Purchase. Seller agrees to sell to Purchaser, and the Purchaser agrees to
purchase from Seller, the Land. The Purchase Price (the 'Purchase Price") for the Land shatl be
$3,357,882.70.
1.02 Escrow Agent. An executed copy of this Agreement sl�all be delivered to Assured
Quality Title Company, Attention: Don Rodgeis, 1001 Walnut Street, Kansas City, Missouri 64106,
pliona oumber (Sl6) 221-2880, fax number (816) 22]-2884 (the "Escro�v AgenP'), No Eamest Money
shall be required of Purchaser,
ARTICLE II
TTTLE AND SURVEY DOCUMENTS
2A1 Title Commitment. Selfer shall, within five (5) days after Effective Date, at Seller's sole
cost and expense, cause to be prepared and furnished to Purchaser for the Land to be purohased in the
subject Closing Notice a tit(e commitment for the Title Poticy (the "Title Co�untitmen!") issued by
(P:/Daa/1893l014l006b7191;1 J �
1VA 3662279.1
Assnred QualiTy Title Company (the "Title Insurer") showing the Seller as the record title owner of the
Land, by the terms of which the Escrow Agent, as agent for the Title Insurer, agrees to issue to or for
Purchaser a standard ALTA fonn of owner's policy of title insurance (the "Title Polrcy") at the Closing
with respect to the Land in the amount of the Purchase Price, insuring Purchaser's fee simple title to the
Land identified in the Closing Notice to be good and indefeasible subject to the terms of such Title Policy
and tlie exceptions specified therein, together with readily legible copies of all documents and plats, if
any, which are referred to in the Title Commitment. Seller and Purchaser shall pay the expenses of
obtaining the Titfe Policy as hereinafter provided. Tl�e Title Policy shall exclude all standard pre-printed
exceptio�ts.
2.02 Survey. Purchaser may, at Purchaser's sole cast and expense, cause to be prepared and
furnished to Purchaser, Purchaser's legal counsel and the $scrow Agent, an updated ALTA survey (the
"Survey") of the Land prepared by a surveyor of Purchaser's choosing (tha "S:n•veya�") as of a date which
is subsequent to the Effective Date.
2.03 Review of Title and Survey. Purchaser shalt have a period of time (the "Trtle Revietiv
Perrod") commencing on the Effective Dete of each Closing Notice and ending ou ten (] 0) days prior to
Closing in which to notify Seller in writing of any objections Purchaser has to any matters shown on the
Titfe Commitment. All objections raised by Purchaser in the manner liereiu provided are hereafter called
Objections. Seller shall have the option, but not the obligation, to i�emedy or remove all Objections (or
agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing) during the
period of time (the "Cw•e Period') ending on the tenth (IOth) business day after Seller's receipt of
Purchaser's notica of sucl� Objections. Except to the extent that Seller cures, or agrees in writing to cure,
such Objections during the Gure Period, Seller shall be deemed to have alected not to cure such matters.
In the event Seller is, or is deemed to be, unable or umvilling to remedy or cause the removal of any
Objections (or agree irrevocably to do so at or prior to Closing) within the Cure Period, then eitiier (i) this
Agreement may be terminated in its entirety by or on behalf of Purchaser by giving Setler written notice
to such effect during the period of time (the "Terminatton Period") ending ou the tenth (IOth) business
day following the end of the Cure Period, whereupon all parties hereto or mentioned herein shall be
released and relieved of fuRher obligations, liabilities or claims hereunder; or (ii) any suc6 Objections
may be waived by or on behalf of Purchaser, with Purcl�aser to be deemed to have waived such
Objections if notice of termination is not given within the Tennination Period. Any title encumbrances or
exceptions which are set forth in the Title Commitment and to which Purchaser does not object on or
prior to the last day of the Title Review Period (or which are thereafter waived or deemed to be waived by
Purchaser) shall be deemed to be permitted exceptions (the "Permitted Pxceptio�u") to the status of
Sefler's title to the Land. '
ARTICLE III
CONDITIONS PREC�AENT TO CLOSING
3.01 Pm�chasei's Condifions Precedenf. Purchaser's obligation to consummate the
transaction contemplated herein is conditioned upon satisfaction of Seller's performance or compliance
with all of Seller's covenants, agreements a�id obligations under this Agreement.
3.02 Seller's Conditions Precedent. Saller's obligation to consummate the transaction
contemplated herein is conditioned upon satisfaction of each of the following conditions at or prior to the
Closing, any one or more of which conditions precedent may be waived by Seller in Seller's sole
discretion:
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NA 3662279.1
(a) RepresentaHons and Warranties. None of the representations and warranties of
Purchaser set forth in Section 3.03 of this Agreement shall be untrue or inacwrate;
(b) Purchaser's Obligatians. Purchaser shal] have performed or compliad witli all
of Purchaser's covenants, agreements and obligatious under this Agreement; and
(c) No Bankruptcy Proceeding. There shall not have been instituted by or against
Purchaser any bankruptcy pinceeding,
3.03 Purchaser's Representations and Warrenfies.
action and is enforceab e against 1 P ch�ser n accord nce w'th hts termsa neither the exe ut on �and
delivery of this Agreement nor the consummatiou of the sale provided for herein will constitute a
violation or breach by Purchaser of any provision of any agreement or other instrument to which
Purchaser is a party or to which Purchaser may be subject altliough not a party, or will result in or
constitute a violation or breach of any judgment, order, writ, jmiction or decree issued against or binding
upon Purchaser;
- (b) No Pending Proceedings. Purchaser has no acWal knowledga that there is any
action, suit, proceeding or claim affecting Purchaser or relating to the authority of Purchaser to purc6ase
the Land;and
(c) Office of Fm•eign Assets Control (OFAC) Iasrtes.
(1) Purchaser represents and warrants tiiat (A) Purchaser and each person or
entity owning an interest in Purchaser (i) is not currently identified on the List, and (ii) is not a person or
entity with whom a citizen of the United States is prohibited to engage in transactions by any h�ade
embargo, economic sanction, or other prohibitiou of United States law, regulatiov, or Bxecutive Order of
the President of the United States, (B) none of the funds or other assets of Purchaser constitute property
of, or are beneficially owned, directly or indirectly, by any Purchaser Embargoed Person (as hereinafter
defined), (C) no Purchaser Embargoed Person has any interest of any nature whatsoever in Purchaser
(whedier directly or indirectly), (D) Purchaser has implemented procedures, and wiil consistently apply
those procedures, to ensure the foregoing representations and warranties remain hue and correct at aIl
times. The term "Purchaser Entbargoed Person" means any person, entity or government subject to trade
restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers
Act, 50 U.S.C. §1701 et seq., the Trading with the Enemy Act, 50 U.S.C. App. 1 et seg., and any
Executive Orders or regulations promulgated thereunder, with the result d�at the inveslment by Purchaser
is prohibited by law or Purchaser is in violation of law.
(2) Purcltaser also sliall require, and shall take reasonable measures to ensure
compliance with the requii�ement, that no person who ow�s any other direct interest in Purchaser is or
shall be listed on any of the Lists or is or shall be a Purchaser Embargoed Person. This Section shal! not
apply to any person to the extent that such person's interest in the Purchaser is through a U.S. Publicfy-
Traded Entity,
ARTICLEIV
CLOSING
�P:/DOCS/1893l014l00661191;1 �3
NA 3662279, I
4A1 Closing Date and Time. Provided that all of the conditions of this Agreement shall have
theretofore been satisfied, the closing (tha "Closing") of the purchase and sale of the Land shall be
conducted at such titne and location as shall be mutually agreeable to Seller and Purchaser. The date on
which the Closing actually occurs is referred to harein as the "Closing Date."
4.02 Seller's Closing Matters. At tlie Closing, Seller shall do the following:
(a) Specinl Warranty Deed. Execute, acknowledge and deliver to Purchaser a
special wairanty deed (the "Deed') conveyiug to Purchaser good and indefeasible title in fee simple to the
Land, subject to the Permitted Exceptions;
(b) Non-foreign Person A�davit. Execute and deliver an affidavit in foim and
substance reasonably satisfactory to Purcl�aser confirming t6at Seller is not a foreign person or entity
within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended;
(c) Evidence of Authority. Deliver to Purchaser such evidence of Sellei"s authority
to consmnmate the sale of the Land as is contemplated in this Agreement or as Purchaser or the Fscrow
Agent may reasonably request;
(d) Possession of the Laud. Deliver possession of the Land to Purcliasar;
(e) Owner's Title Policy. Deliver or cause the Title Insurer to commit to delivering
the Title Policy;
(� Tax Certificates. Deliver tnx certificatas or other written evidence showing that
there are no delinquent taxes, assessments or PILOTS affecting the Land as of the Closing Date;
(� Assignment of ContrACts and Assignment of Leases. Deliver to Purchaser an
absolute assignment of all Contracts concerning the Lend entered into by Seller, if any; and
(h) Other pocuments. Execute, acknowledge where required and/or deliver any and
all other items contemplated by the tenns of this Agreement or reasonably required by Purchaser ar its
legat counsel or by the Fscrow Agent.
4.03 Purchaser's Closing Matters, At the Closing, Purchaser shall do the foliowing:
(a) Purchase Price. Deliver the Purchase Price to the Escrow Agent by U. S.
Federal Reserve System wire transfer or other immediataly available good funds;
(b) Evidence of Authority. Deliver such evidence of authority to close the pwnhase
of the Lend pursuant to this Agreement as Seller a• d�e Escrow Agent reasonably requests; and
(c) Other Items. Execute, acknowledge where required and/or deliver any and all
othar items contemplated by the tenns of this Agreement or reasonably required by Seller or its legal
counsel or by the Fscrow Agent.
4A4 Closing Costs. Purcliaser shall pay the premium for the Owuer's Title Policy (including
deletion of the standard exceptions set foith in Section 3.01), all recording charges for the Deed, all costs
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5VA 3662279,1
of the Titfe Policy, and any special charges or assessments affecting the Land required to be paid prior to
Closing to deliver unencumbered title to the Land to Purchaser. Purchaser shal] pay all costs and expenses
relating to Purchaser's financing, including any recording fees for Purchaser's security documents and the
cost of any mortgagee or loan policy required by Purchasar's lender, and the cost of any endorsements or
special coverages required by Purchaser to the Title Policy. Each party shall be responsibte for the
payment of its own attorneys' fees incurred in connection with this Agreament and all other expenses
whicli such party incw•s. The parties shall split a�iy escro�v fee and expenses charged by the Escrow
Agent.
4.05 Prorations. Prorations shall be made as follows as of 12:01 a.m. on the Closing Date:
(a) Rents and Income. Collected rents and other income fi•om the Laud, if any,
whicl� are attributable to the period of time in �vhich the Closing occurs shall be prorated behveen the
parties as of the Closing, and Purohaser shall receive credit against the Purchase Price for the portion of
such rents and other income which is attributable to tl�e period after Closing. Delinquent rents shall not be
prorated; provided, liowever, that, if Purchaser collects any delinquent rents or expense reimbursements
after Closing, Purchaser egrees to pay to Seller auy delinquent rents or expense reimbursemenLs
ariributable to the period prior to the Closing Date after al( rents or expense reiinbursements attributable
to the period from and after the Closing Date shall have been paid in full,
(b) Current Ad Valorem Ta7ces. Real and personal property ad valorem taxes,
assessments and PILOTS pertaining to the Land for the year in wliich the Closing occurs shall be prorated
as of the Closing (collectively, "Taxes"), based upon actual days involved. Seller shall be responsible for
all Taxes pertaining to the Land for any period prior to the Closing. Purchaser shall receive credit on the
amount of the cas� payments to be made hy Pm�chaser pursuent hereto for the prorated amount of such
Taxes for the year of Cfosing which is chargeable to Seller. In connection with the proration of Taxes, if
actual figures for the year of the Closing are not availab]e at the Cbsing, an estimated, tentative proi�ation
of Taxes shall be made using most recent assessment and tax rate information available; provided,
however, that, when the actual taxes for the year of the Closing ere available, a corrected proration of
taxes shall be made. If such Taxes for t�e year of the Closing increase over those for the preceding year,
Se(ler shall pay to Purchaser a pro rata po�tion of sucl� increase, computed to the Closing Date, and
conversely, if such taxes for the year of the Cbsing dea�ease from those of the preceding year, Purchaser !
sl�all pay to Seller a pro rata portion of such decrease, computed to the Closing, with any such payment to
be made witl�in ten (10) days after notification by either party that such adjustment is necessary. Tf all or
part of the Land is located in a tax parcel for the year of Closing which includes property that is not
within the Land, ti�en the Taxes attributable to such tax parcel for the land value only and excluding the
value of any i�nprovements there for the year of Closing shall be allocated between the Land (or
applicabie portion thereo fl and the other poitions of such tax parcel on the basis of the percentages which
the gross surface areas of the Land (or applicable portion thereo� and such other portions of such tax
parcel represent of the total gross surface area of such tax parcel, If alI or part of the Land is located in a
tax parcel for the year of Closing which includes property that is not within the Land, and all Taxes
attributable to such tax parcel shall not have been paid in full at or prior to the Closing Date, each of
Seller and Purcliaser shail ba obligated to deposit in escrow with the Escrow Agent at Closing an amount
equal to the Taxes estimated to be due with i�espect to tl�eir respectiva po�tions of sucli tax parcel for the
entire year of Closing, �vl�ich amounts will be held by Escrow Agent pursuant to an escrow agreemeut in
form reasonably acceptable to Seller and Purchaser. This provision shall survive the Closing.
{P:/OOCyl693l014lW 661191:1 15
NA 3662279.1
(c) Other Taxes and Assessmenfs. All Taxes to the Closing Date (including
installments due after the Closing Date with respect to special assessments which are payable in
installments) and all Taxes for periods pria• to the tax year in which the Closing occurs shall be paid in
full by Seller on or before the Closing Date. Seller shall be responsible for and indemnify Purchaser
against any Taxes attributable to the period prior to the Closing Date, iucluding, but not limited to, ai�y
Taxes deferred to subsequent years due to an exemption or special use valuation.
(d) Past-Closing Adjustments. Seller shall, on or before the Closing, furnish to
Purchaser and the Escrow Agent all information reasonably available to Seller that is necessary to
compute the foregoing proratiou of Taxes. To the extent possible, the amount of any adjustment described
in tliis section shall be estimated aud paid at the Closing based upon the best information available to
Purchaser and Seller at the time, and shall be adjusted as soon thereafter as may be reasonably practicable
wlien final billings are available or when such amounts may be determined witlt reasonable certainty. The
foregoing obligations shall survive the Closing, any other provision l�ereof to the contrery
nohvithstanding.
ARTICL� V
REMEDIES
SAl. Purchaser's Remedies.
(a) Remedies fm• Failure to Close. In the event that Seller fails or refuses to convey
the Land at Closing and Purchaser has satisfied aU of Purchaser's obtigatious pwsuant to this Ageement,
deposited the Purchase Price with the Escrow Agent, and is prepared to proceed with Closing, Purchaser
may exercise one of the following exclusive remedies: (a) tarminate this Agreement by giving Seller
written notice of such election prior to or at the Closing, and thereupon this Agreement shall tertnuiate,
and all paRies hereto or mentioned hereiu shall be relieved and released of atl further obligations, claims
and liabilities hereunder; (b) to waive, prior to or at the Closing, the applicable objection or condition and
proceed to the Closing of the transaction contemplated hereby in accordance with the remaining terms
hereof; or (c) seek specific performance of Sellei's obligation to convey the Land under this Agreement.
Concurreutly'with the execution of this Agreement, Seller and Pm•chaser, at Purchaser's request, shall
execute a memorandum of this Agreement that Purchaser will be entitled to record in the appropriate real
property records of Ptatte County, Missouri, in order to givc constructive notice of the existence of this
Agreement.
S,OZ Seller's Remedies, If Purchaser wrongfufly fails or refuses to perform Purchaser's
obligations pursuant to this Agreement, Seller not being in material default, hereunder, Seller shall be
entitled, as Seller's sole and exclusive remedy, to terminate this Agreement by written notice to Purcliaser,
ARTICLE VI
MISCELLANEOUS
6.01 Escro�v Instructions. Intentionally Omitted.
6.02 Integration. This Agreement constitutes the entire and final expressiou of the agreement
of the parties hereto aud supersedes all prior agreements end understandings of the parties, either oral or
written. Tliere are no other agreements, oial or written, behveen tha paities regarditig the Land.
. (P:/Docy189JM14/00661191;1 �6
WA 3662279. f
6.03 Modification. This Agreement can be amended only by �vritten agreement signed by the
paities hereto and by reference made a part hereoE
6.04 Binding Effect. This Agreement shall be binding upon and inure ro the benefit of Sellee
aud Purchaser, and their respective heirs, personai representatives, successors and assigns.
6.05 Notices. A�iy notice, communication, request, demand, reply or advice (saverally and
collectively referred to as Notice ) in this Agreement required or permitted to be given, made or
accepted must be in writing. Notice may, unless otherwise specifically provided herein, be given or
served (a) by depositing the same in a receptacle ragularly maintained and serviced by the United States
Postal Service, postage pre-paid, registered or certified, and addressed to the party to be notified, �vith
return receipt requested, or (b) by deliverii�g the same to such party, or an agent of such pariy, by
commercial courier. Notice sent by registered or certified mail in tl�e manner hereinabove described sUa(1
be effective on the earlier of the third (3rd) business day after such deposit or Hie actual receipt thereof.
Notice given by commercial courier sliall be effective on the date delivered to the other party. For the
pw•poses of Notice, the addresses of the par[ies shall, until changed as provided below, ba as follows:
Seller: BR NorthPoint, LLC
Attention: Nathaniel Hagedorn
6300 Noith Revere, Suite 225
Kansas City, Missouri 64151
Purchaser: The City of Riverside, Missouri
Attention: Mayor
City Hall
2950 NW Vivion Road
Riverside, MO 64150
The parties liereto shall have the right from time to time to change ti�eir respecrive addresses, and each
shall have tlie riglit to specify as its address any other address within the United States of America, by not
less than ten (10) days' prior writtei� notica to the other party.
6.06 Brokerage Commissions, Each party represents and warrants that no real estate
brokerage commission fee is payable to any person or entity in connection with the frensaction
contempiated hereby, and each party shall uidemnify, defend and hold the other party harmless from and
against the payment of any commission or fee to any person or entity claiming, or alleging to claim, by,
through or under the indemnifying party.
6.07 Time. Time is of the essence in all things peitaining to tha performanca of this
Agreement.
6.08 Survival of Obligations. To the extent necessary to cariy out the terms and provisions
hereof, the terms, conditions, warranties, representations, obligations and rights set forth herein sUall not
be deemed terminated at the time of the Closing, nor shall they merge into the various documents
(P:lDOCy1893/014/00661191:1)7
WA 3662279.I
executed and delivered at flie time of the Closing, All representations and tvarranties by Seller in this
Agreement (i) will expire one (1) year after the Closing bate as to matters for which Purchaser has not
provided written notice to Seller within such period of time; and (ii) will expira as to all matters specified
in any such written notice to the extent that such matbers are not resolved or made tlie subject of litigation
instituted prior to the expiration of [hree (3) years after the Closing Date,
6.09 APPLICABLE LAW; V�iV[JE; WAIVER OF JURy TRIAL. THE LAWS OF THE
STATE OF MISSOURI SHALL GOVERN THE CONSTRUCTION, ENFORCEMENT,
IIdTERPRETATION AND VALIDITY OF THIS A(3REEMENT. TFIE OBLIGATIONS OF THE
PARTIES ARE PERFORMABLE, AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF
THIS AGREEMENT SHALL LIE, IN PLATTE COUNTY, MISSOURI. SELLER AND PURCHASER
EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
6.10 Headings. The headings that have been used throughout this Agreement have been
inserted for convenience of reference only and do not constitute matters to be construed in interpreting j
this Agreement.
6.11 Terminology. Words of any gender used in this Agreement shall be held and construed
to include any other gender and words in the singular number shall be held to include the plural, and vice �
versa, unless the context requires otheitivise. The words "herein," "hereof," "hereunder" and other similar
compounds of the word "here" when used in this Agreement shali i�efer to the entire Agreement and not to
any partiaila�� provision or section. The words "include" aud "including" shall be deemed to be followed
by the phrase "tivithout limitation" unless othenvise qualified.
6.12 Construction of Agreement. Tliis Agreement shatl not be construed more shictly '
against one party than against the other merely by virtue of the fact that it may have beeu prepared by
legal counsel for one of the paMies, it beiug recognized that both Seller and Purchaser liave contributed
substantially and materially to the preparation of this Agreement.
6.13 Severability. If any ona or more of t(ie provisious of this Agreement, or the applicability
of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall
be modified to the minimum extent necessary to make it or its application valid and enforceable, and the
validiry and enforceability of ail other provisions of this Agreement and atI other applications of any such
provision shall not be affected thereby.
6.14 Counterpart �xecution. Tl�is Agreement may be executed in several counterparts, each
of whiclt shall be fully executed as an original and all of which together shall constitute one and the same
instrument.
6.15 Ft�rther Acts. In additiou to the acts recited in ttiis Agreement to be perfortned by Seller
and Purchaser, Seller and Purchaser agree to perform or cause to be performed at the Closing or after the
Closing any and all such fu�ther acts as may be reasonably necessary to consummate the transactions
contemplated liereby.
6.16 Lidgation. In the event of litigation bepveen tha parties with respect to the Land, this
Agreement, the performance of the obligations hereunder or tha effect of a termination under this
{r:m«yiavaiowroo�u�i �8
NA 7662279.1
Agreement, the losing paity shall pay all reasonable attorneys' fees and axpenses and comt costs incuri�ed
by the prevailing party in connection with such litigation.
6.17 Benefit. This Agreement is for the benefit only of the parties hereto or their respective
heirs, personal repi�esentatives, successors and assigns, and no other person or entity shall be entitled to
rel y hereon, receive any be��efit herefrom or enforce agaiust any party hereto auy provision hereof.
6.18 Assignment. Purchaser may assign this Agreement and all rights hereunder to an
affiliated entity provided that (i) Purci�aser shall remain jointly and severally Iiable with the assignee for
tlie obligations contained in this Agi�eement; (ii) Purchaser, and any assignee by accepting assignment of
this Agreement, expressly agrees to defend and indemnify Seller from any litigation arising out of the
assignment; (iii) writtwi notice of the assignment, including the name of the assignee, is provided to
Seller at three (3) business days prior to Closing.
6.19 Form of Instruments. Except as othenvise provided herein, all iustruments to be
furnished hereuuder shall be prepared in such form as is reasonably acceptable to the pa�ty receiving such
instivment.
6.20 Tenders of Performance. All tenders of perfo�rnance shall be made at the Cloaing and at
- or before the time specified for the Closing.
6.21 Legal Holidays nnd Bnsiness Dnys, If any date herein set forth for the performance of
any obiigations by Seller or Purchaser or for the deliveiy of a��y inshument or notice as herein provided
should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall
be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used
herein, the term "legal holiday" means any federal holiday for which financial institutions or post offices
in Riverside, Missouri are generally closed for observance thereo£ As used herein, the term "business
day" shall tnean a day which is not a Saturday, Sunday or legal holiday.
6.22 Nonwaiver. Except as otherwisa specifically provided for hereunder, no party shall be
deemed to have waived atty of its rights hereunder unless such waiver is in writing and signed by the
party waiving such right. Except as otherwise specifically provided for hereuuder, no delay or omission
by any par(y in exercising any right sliall operate as a waiver of such right or of any other right. A waiver
on any one occasion shall not be construed as a bar to, or waiver of, any riglrt or remedy on any future
occasion. Except as othenvise provided in Sections 5.01 and 5.02 hereof, all rights and remedies, �vliether
evidenced hereby or by any other agreement, instrumeut or paper, �vill be cumulative and may be
exercised separately a•concurrently,
6.23 Effective Date; Acceptence. Tlie effective date (the "Effective Date") of this Agreement
shall be the date that tl�e Escrow Agent receivas and receipts one or more counterparts of this Agreement
that have been signed by both Seller avd Purchaser. Tlie execution hereof by Purchaser shall constitute an
offer by Purchaser to Seller to purchase the Laud on the terms and conditions herein stated, which must
be accepted by Seller on or before 5:00 p.m, Missouri time, ou the tenth (lOth) business day (tlie
"Acceptance Date") follo�ving the date set forth below Purchaser's signature hereto, by tha execution
hereof by Seller and the delivery of at least hvo fully-executed counterpaits of same to the Escrow Agent
on or before the Acceptance Date with instructions to deliver at least one fully executed copy thereof to
Purchaser. If Purchaser's offer is not accepted in such manner 6y the Acceptance Date, the same shall be
thereafter null and void.
�PJDOC✓1893/014/00661191;1 )9 �
NA 3662279.I
IN WI7'NESS WHEREOF, this Agreem8nt has been duly executed in multiple counterparts (each
of whicli is to be deemed an original for all purposes) by the parties hereto on the respective date
appearing below each party's signature to be effective on the Sffective Date herein specified.
SELLER
BR NORTHPOINT, LLC,
a Missouri limited IiabiliTy company
G--' ""_� — ,__ _
By: r /
Nathaniel Haged , anager
Date: l,la�� a..p( a_.—
PURCHASER:
CTTY OF RIVERSIDE, MISSOURI
/
, BY�
athfeen L. Rose, May r
(SEAL)
� Attes � �
..✓c�5.c-[i� o ��.
Robin L ty Clerk
�F:�DOCS/1893/OI4l0066119�;1 �1�
WA 3662279.1
ESCROW AGENT RECEIPTS
The undersigned Escrow Agent acknow(edges receipt of this Agreement of Sale and Purchase
and agrees to be 6ound by the terms of this Agreement this day of , 2012.
ASSURED QUALITY TITLE COMPANY
B
Name:
Title:
�P:/Dacy1693/014l006fi1191:I � 1 �
NA 3662279.1
Exhibit "A"
Le�al Descrintion of RISS PROPERTY
Part of Fractional Section 7, Township 50, Range 33, in Riverside, Platte County,
Missouri and part of the accretions thereto, all more particularly described as
follows: Beginning at the Northwest comer of Lot 2 of said Fractional Section 7
as located by the original government survey (said corner being also sometimes
called the Northwest corner of the Southwest Quarter of the Northeast quarter of
said Section 7); thence 5outh along the west ]ine of said Lot 2(being also the East
line of Lot 3 of said Fractional Section 7) a distance of 1315.43 feet to an iron bar
(said iron baz being sometimes called the Southwest corner of the Southwest
Quarter of the Northeast Quarter of said Section 7); thence South 89° 40' 13" East
along a line sometimes called the South line of the Southwest Quarter of the
Northeast Quarter of said Section 7, a distance of 1320 feet; thence South along
the East line of a tract of land conveyed by deed recorded in Book 114 at Page
558, Recorder's Office, Platte County, Missouri, and the Northerly extension
thereof to the Northerly right of way line of highway designated Interstate Route
635; thence Northeasterly and Easterly along said Northerty right of way line to
the intersecHon thereof with the Southerly prolongation of the East line of said
Fractional Section 7, as said line is established by the boundary tine agreement
filed as Document #13069, recorded in Book 291 at Page 71, Recorder's Office,
aforesaid; thence North 0° 12' 26" West along said established boundary line, a ;
distance of 68.02 feet; thence North 0° 00' 47" West along the East line of said '
Fractional Section 7, a distance of 193.76 feet, more or less, to a point which is
2,145 feet (32.50 chains) South of the Northeast corner of said Fractional Section
7(being also the Southeast corner of a tract of land conveyed by deed recorded in
Book 273 at Page 512, said Platte County Recorder's Office) thence West along
the South line of said last mentioned tract, 1306.80 feet (19.80 chains) to the
Soutl�west corner of said last mentioned tract; thence North along the West line of
said last menfioned tract and along the V✓est lines of the tracts of land conveyed
by deeds recorded in said Recorder's Office in Book 181 at Page 185, Book 310
at Page 173, and in Book 277 at Page 41, (said West lines being I9.80 chains
West of the East line of said Fractional Section 7) and along the North
prolongation thereof, a distance of 829.00 feet, more or less, to the North line of
said Lot 2 of said Fractional Section 7, being also sometimes called the North line
of the Southwest Quarter of the Northeast Quazter of said Section 7; thence North
89° 44' 00" West along the North line of said Lot 2, a distance of 1297 feet, more
or less, to the point of beginning.
LESS AND EXCEPT THE FOLLOWING:
A tract of land for permanent right-of-way purposes that is described from and
related to the following defined centerline of I-635, lying in fracrional Sections 7
(P:/DOCS/1893/013/00G63819;1 )
A-1
and 8, TSON, R33W, in Riverside, Platte County, Missouri, all bearings are
referenced to the Missouri State Plane Coordinate System, 1983, West Zone, said
defined centerline being more particularly described as follows:
I-635 CENTERLINE DESCRIPTION
Commencing at a found 1-1/2 inch diameter pipe at the Northwest Corner of the
Northeast Quazter of fracrional Section 7, TSON, R33W, per certified land corner
Docutnent Number 600-61554; thence South 00° 20' 45" West along the west
line of the Norcheast Quazter of said fractional Sectron 7 and along the southerly
prolongation of said west line, a distance of 4692.29 feet to the point of beginning
of said defined centerline, at I-635 centerline Station 12+28.03; thence North 27°
10' 29" East, a distance of 1008.97 feet to I-635 centeriine Tangent to Spiral
Station 22+37; thence Northeasterty along a 300 foot spiral curve to the right,
with an "X" distance of 299.8] feet along the main tangent and a"Y" distance of
7.85 feet offset from the main tangent, to I-635 centerline Spiral to Curve Station
25+37; thence Northeasterly along a 3° curve to the right having an interior angle
of 60° 03' 59" and a radius of 1909.86 feet, for an arc distance of 1702.21 feet to
I-635 centerline Curve to Spiral Station 42+39.22; thence easterly along a 300
foot spiral curve to the right, with an"X" distance of 299.81 feet along the main
tangent and a"Y" distance of 7.85 feet offset from the main tangent, to I-635
centerline Spiral to Tangent and Equation Station 45+39.22 back equals I-635
centerline Station 45+05.7 ahead; thence North 87° 14' 28" East, a distance of
330.10 feet to a point at I-635 centerline Station 48+35.80 on the west line of the
Northwest Quarter of fractional Section 8, TSON, R33W, said point beazs North
00° 19' 39" East, a distance of 5737 feet from a found 1/2 inch iron bar per
certified land comer pocument Number 600-63115 at the 5outhwest Comer of
the Northwest Quarter of said fractional Section S and bears South 00° 19' 39"
West, a distance of 2574.20 feet from a found 3/4 inch iron bar in monument box
per certified land corner pocnment Number 600-61555 at the Northwest Corner
of said fractional Section 8; tl�ence continuing North 87° 14' 28" East along said
defined centerline of I-635, a distance of 1664.20 feet to end I-635 centerline
Station 65+00, hereafter referred to as point "A", at said point "A" the I-635
centerline ends at Station 65+00, and from said point "A" the Northbound I-635
baseline is offset 30.00 feet right and begins at Station 65+00, and from said point
"A" the Southbound I-635 baseline is offset 54.00 feet left and begins at Station
65+00; both northbound and southbound baselines being further described as
follo�vs:
NORTH$OUND I-635 BASELIN� DESCRIPTION
Conunencing at the aforesaid point "A" at end I-635 centerline Starion 65+00;
thence South 02° 45' 32" East, a distance of 30.00 feet to the point of beginning
of Northbound I-635 baseline st Station 65+00; thence North 87° 14' 28" East, a
distance of 918.61 feet to Northbound I-635 Tangent to Spiral Station 74+18.61;
thence northeasterly along a 350 foot spu•al curve to the ]eft, with an "X" distance
{P1D005/1893/013/00663619;1 )
A-2
of 349.60 feet along the main tangent and a"Y" distance of 12.46 feet offset from
the main tangent, to Northbound I-635 Spiral to Curve Station 77+68.61; thence
northeasterly along a 3° 30' curve to the left having an interior angle of 75° 57'
51" and a radius of 1637.02 feet, for an azc distance of 1895.40 feet to
Northbound I-635 Curve to 5piral Station 96+64.01, from which a found chiseled
"+" in top of a 6-1/2 inch concrete filled pipe, per certified land corner pocument
Number 60 0-4 1 5 92, at the North Quarter Corner of fractional Section 8, TSON,
R33W, beazs North 53° 35' 13" West, a distance of 2019.42 feet.
SOUTHBOUND I-635 BASCLINE DESCRIPTION
Commencing at the aforesaid point "A" at end I-635 centerline 5tation 65+00;
thence North 02° 45' 32" West, a distance of 54.00 feet to the point of beginning
of Southbound I-635 baseline at Station 65+00; thence North 87° 14' 28" East, a
distance of 644.27 feet to Southbound I-635 Tangent to Spiral Station 71+44.27;
thence northeasterly along a 350 foot spiral cutve to the left, with an"X" distance
of 349.60 feet along the main tangent and a"Y" distance of 12.46 feet offset from
the main tangent, to southbound I-635 5piral to Curve Station 74+94,27; thence
northeasterly along a 3° 30' curve to the left having an interior angle of 72° 55'
16" and a radius of 1637.02 feet, for an arc distance of 1808.46 feet to
Southbound I-635 Curve to Spiral Station 93+02.73, from which a found chiseled
"+" in top of a 6-1/2 inch concrete filled pipe, per certified land corner pocument
Number 600-4 1 5 92, at the North Quarter Corner of fractional 5ection 8, TSON,
R33 W, bears North 47° 30' 46" West, a distance of 1793.65 feet.
The above Centerline and Baseline descriptions being referred to herein for
purposes of conveyance by Grantor to Grantee of the following described
property:
All that part of Grantor's real property and real property rights and interest to the
extent located in a limited access tract of land located in fractional Section 7,
TSON, R33W, in Riverside, Platte CounTy, Missouri, lying within the widths on
the left or northerly side of the above described I-635 centerline to wit
Beginning at a width of 195.00 feet at Station 36+00.00; thence increasing along a
straight line to a width of 210.00 feet at Station 39+75.00; thence increasing along
a straight line to a width of 350.00 feet at Station 44+50.00; thence increasing
uniformly to a width of 455.00 feet at Station 47+75.00; thence an even width of
455.00 feet to Station 51+10.00; containing 165,916 square feet (3.8089 acres),
�nore or less, of land.
Also, all abutter's rights of direct access beriveen the highway now known as I-
635, ra�np no. 1 and grantor's abutting land in the El/2 of fracfional Section 7,
TSON, R33W, Riverside, Platte County, Missouri.
(PJDOCS/1893Po17N06638I9;1 )
A-3
Leeal Descriotion of EDWARDS PROPERTI'
PARCEL 1:
All of Lot 3, of Fractional Section 7, Township 50, Range 33, in Riverside, Platte
County, Missouri, and accretions thereto, described by metes and bounds as
follows, to-wit: Beginning at the Northwest corner of said Lot 3; thence East
along the North line thereof, sometimes kno�m as the North line of the Southeast
Quarter of the Northwest Quarter of said &actional section, South 89 degrees 43
minutes 00 seconds East 1306.60 feet, more or less, to the Northeast corner of
said Lot 3; thence 5outh along the East line of said Lot, sometimes knowil as the
East line of the Northwest Quarter of said fracGonal section and the Southerly
prolongation thereof 3199.5 feet to a meander corner on the Northerly bank of the
Missouri River as located in April, 1969, and shown on the plat of survey of
Anderson Survey Company dated April 17, 1969, No. 22778, thence
Northwesterly meandering said river, but with the low water line of said river as
the boundary, to a second meander corner set 26903 feet South of the Northwest
comer of said Lot 3 measured along the West line of said I,ot 3; sometimes
referred to as the West tine of the Southeast Quarter of the Nor[hwest Quarter of i
said Section and the Southerly prolongafion thereof; thence North along said last
described line 26903 feet to the point of beginning; together with all accretions
thereto but subject to all erosion therefrom since the aforesaid April, 1969 survey,
except that part in streets and roads.
EXCEPT THEREFROM that part thereof lying West of the following described
line, to-wit: Commencing at a point on the North line of said Lot 3, said point '
being 625.48 feet Westerly of the Northeast corner of said Lot 3; thence on a line
extending Soutl�erly tluough said described tract parallel with the East and West
boundary line thereof to the Northerly bank of the Missouri River as located in
Aprii, 1969, and shown on plat of survey of Anderson Survey Company dated
April 17, 1969, No. 22778; together with all accretions thereto, but subject to all ',
erosions therefrom since the aforesaid April, 1969 survey
ALSO EXCEPT that part condemned by the Riverside-Quindaz•o Bend Levee
Dish•ict by instrument recorded August 2, 1999 as Document No. 13898 in Book
911 at Page 744.
TOGETHER with an easement for roadway over a strip of land 20 feet in �vidth
lying South of and adjacent to the following described line: Beginning at the
North�vest corner of Lot 2, said point being also the Northeast corner of Lot 3,
5ection 7, Township 50, Range 33, as shown on the Original Government Survey
of Platte County, Missouri, said point being also the Southwest coiner of the
Northwest Quarter of the Northeast Quarter of said Section 7; thence SouHi 89
degrees 44 minutes 00 seconds East along the North line of said Lot 2 and the
[PIDOCS/1893/013/00663819;1 )
B-1
South line of the Northwest Quarter of the Northeast Quarter of said Section 7, �
1302.15 feet to the point of termination, said point of termination being a point in �
Maddox Road, as the same is now located and used, and is also the Northeast
corner of said Lot 2 and is a(so the Southeast comer of the Northwest Quarter of
the Northeast Quarter of said Section 7, as established in the instnunent recorded
in Book 348 at Page 12 in the O�ce of the Recorder of Deeds for Platte County,
Missouri.
PARCEL 2: �
TRACTI:
The North Ten (10) acres of the Southeast Quarter (5E I/4) of the Northeast ,'
Quarter (NE 1/4) of Section Seven (7), Township Fifty (50), Range Thirty-three
(33), more particularly described as follows: Beginning at a point Twenty (20)
chains South of the Northeast corner of said Section Seven (7), and running �
thence West Nineteen and Eighty One Hundredths (19.80) chains; thence South i
Five (5) chains; thence East Nineteen and Eighty One Hundredths (19.80) chains;
thence North Five (5) chains to the point of beginning, Except that part in streets
i
and roads.
TRACT IL•
All that part of the Nardieast Quarter of Section 7, Township 50, Range 33
described as follows: Beginning at a point 25 chains South of the Northeast corner
of said Section 7 and running West 19.80 chains; thence South 2.50 chains; �
thence East 19.80 chains; thence North 2.50 chains to the point of beginning, ,
Except d�at pazt in streets and roads.
Also excepting there&om the following described tract �
Ali that part of the Northeast Quarter oF Section 7, Township 50, Range 33, '
described as follotvs: Beginning at a point 25 chains South and 19.80 chains West ;
of the Northeast corner of said Section 7, thence South 2.50 chains, thence East 8
chains, thence North 2.50 chains, thence West 8 chains to the point of beginning.
PARCEL 3:
TRACT III:
A tract of land located in the Northwest Quarter of Fractional Secrion 8,
Township 50 North, Range 33 West, in Riverside, Platte County, Missouri,
bearings are referenced to grid North of the Missouri State Plane Coordinate
System, 1983, West Zone, and more particularly described as follows:
Commencing at the Southwest corner of the Northwest Quarter of Fractional
Section 8, Townslup 50 Nortl�, Range 33 West, being a found 1/2 inch iron bar,
�PIDOCS/I893/013l00663819;I �
B-2
Per Certified Land Corner pocument Number 600-63115; thence North 00
degrees 19 minutes 39 seconds East along the West line of said Northwest
Quarter, a distance of 1072.94 feet to the point of beQinning; thence continuing
North 00 degrees 19 minutes 39 seconds East along said West line of the
Northwest Quarter, a distance of 238.62 feet to the Northwest corner of the
Southwest Quarter of the Northwest Quarter of said Fractional Sec4on 8; thence
South 89 degrees 31 minutes 26 seconds East along the North line of said
Southwest Quarter of the Northwest Quarter, a distance of 78.07 feet; tlience
South 18 degrees 27 minutes 30 seconds West, a distance of 250.88 feet to the
Point of Beginning, Except that part in road.
i
�
I
�PYDOCS/I893PoI3l00667B19;I )
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