HomeMy Public PortalAboutPuri Annexation Agreement 7.27.16ANNEXATION AGREEMENT
JULY 27, 2016
AS PROPOSED BY
PURl GROUP OF ENTERPRISES
ANNEXATION AGREEMENT
This Annexation Agreement (thi s "Agreement") entered into thi s day of
__________ , 20 _, between the C it y of Jefferso n, Missouri, a municipal
corpora tion (hereinafter "City") and Perry-Winkle Ho spitality, Inc., a Mi sso uri corp orati on and
Labella Enterpri ses, Inc., a Missouri corporation (co llectively hereinafter the "Owner").
WHEREAS, it i s critical for Owner and it s affiliates to receive the assuranc es and
pro tections pro v ided by this Agreement in order to proceed with the prop osed annexation of the
Property and with the redevelopment of th e PG E Property; and
WHEREAS , establishing th e terms and conditions under which annexati o n of the
Property may occur and under which reimbursement of redevelopment cos ts assoc iated with the
PGE Property may occur, will protect an d benefit the health, safety, and general welfa r e of the
City a nd is in the best interest of th e public
NOW, THEREFORE , in considerati on of the recitals set forth above , which are
incorporated herein by thi s refer ence, th e mutual covena nt s contained herein, and o th er good and
va lu abl e con s id erati on, the receipt and sufficiency of which is hereby acknowledged , the parties
hereto he r eby agree as follows:
1. Owner represents that it is the so le owner of the following real estate located in
Co le County, Missouri:
AS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A
(hereinafter the "Property").
2. At any time aft er the Property becomes conti g uous to the corporate limits of the
C it y or may become contiguous throu g h the annexation of multiple parcels being annexed
contempor a neous ly with the Property, the City 's Admini strator may request Owner to present a
pet iti o n requestin g ann exation of the Property. Owner s ha ll , within fi ve (5) days of such req uest,
s ubmit a ve rifi ed petition as de scribed herein requesting annexation of the Property to the C ity
for present ati o n to the City Counc il of the C ity. Subj ect o nl y to the condit ions contained herein,
the provisions of this paragr ap h sha ll be enforceable by s pecific performance.
3. Owner agrees not to take any action to oppose any annexation initiated by the
City which includes the Property, so long as such annexation is consistent with this Agreement.
Owner agrees not to take any action to oppose any other annexation initiated by the City or by
any other property owner which includes any property lying between the Property and the
corporate boundaries of the City or is otherwise necessary for the City to annex in order to cause
the Property to become contiguous and compact with the boundaries of the City. Once the
Property has been annexed into the City's jurisdictional boundaries, at no time shall the Owner
initiate a de-annexation of the Property to remove it from the City's jurisdictional boundaries as
long as City is in compliance with this Agreement. Owner's agreements and obligations under
this Agreement are subject to the terms , provisions, and conditions contained in this Agreement,
including, without limiting the foregoing, the terms , provisions, and conditions of paragraph 4 of
this Agreement (the "Annexation Conditions").
4. Satisfaction of all of the following Annexation Conditions shall be a condition
precedent to the Owner's obligations under this Agreement:
A. The Property shall be given the zoning classification of C-2 , General
Commercial District ("C-2") under the municipal code of the City (the "City Code")
upon being annexed into the limits of the City; and
B. The existing uses of the Property shall not be materially affected by
annexation into the limits of the City; and
C. Owner shall have been provided with all reasonably necessary information
with re spect to land use, availability and adequacy of utilities, pedestrian and vehicular
access, the effects of applicable City Code, such as subdivision regulations, initial and
foreseeable permitting, adequacy of existing site plans, and any other such information
reasonably deemed necessary by Owner for determining and being assured that the
Property may be utilized in the substantially same manner as before annexation for the
foreseeable f uture without imposing any material hardship on the Owner or with respect
to the Property.
5. If the proposed ordinance annexing the Property does not place the Property in C-
2, Owner may withdraw the petition for annexation and shall not be obligated by this Agreement
to have the Property annexed into the City. In the event that the City Code is amended prior to
the Property being annexed such that the C-2 district is substantially different than such di s trict
exists as of the date of this Agreement, Owner may, but shall not be obligated to , request the
most reasonabl y comparable zoning district in existence at the time of annexation be applied to
the Property, which, in any case, must permit the existing uses on the Property. Alternatively, at
the sole option of Owner, Owner may, but shall not be obligated to, request that the Property be
placed in a zoning district with permitted uses of lesser intens ity allowing the existing uses to
continue on the Property as non-conforming uses under the City Code.
6. To the maximum extent allowed b y law, in the event the Owner does not submit a
verified petition, as required by this Agreement requesting annexation of the Property, to the
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City's Administrator within five (5) days following the request for same by the City's
Administrator, City may annex the Property into the City, and designate C-2 as the applicable
zoning without further action of the Owner as set forth in this paragraph . Owner irrevocably
ap points the City Administrator of the City, as its attorney-in-fact for the sole purposes of filing a
verified petition requesting annexation, designating a zoning designation of C-2, and approving
of site plans or related information as may be required to permit the existing uses and structures
on the Property pursuant to the terms of this Agreement. The City Administrator may exercise
this power of attorney at any time after the Property becomes contiguous to the corporate limits
of the City or may become contiguous through the annexation of multiple parcels being annexed
contemporaneously with the Property , but only if Owner fails or refu ses to comply with the
provisions of paragraph 2 of this Agreement.
7. Any future development and construction of both public and private
improve ments on the Property, which may occur prior to annexation of the Property, s hall
conform to City Code and standards as though the Property were located within the City limits.
Such construction shall include, but not be limited to , all sanitary sewers, storm sewers, streets,
sidewalks, buildings and other structures on the Property. Such improvements shall be permitted
and in spected by the City as though the Property were located within the City limits . Prior to
annexation, if any conflict exists between an existing regulation applicable to the Property and a
City regulation, Owner, shall be grandfathered in. Owner acknowledges that no conflict exi s ts
where a City regulation imposes a less stringent minimum requirement than a corres ponding
existing regulation and where the City imposes regulations that are not imposed by ex isting
regulations.
8. Owner shall give a copy of this Agreement to each person who buys all or a
portion ofthe Property.
9. POE Hospitality, Inc., a Missouri corporation ("POE") i s an affiliate of Owner
and under common control with Owner. POE owns prope11y known as the Truman Hotel s ite,
which is within the boundaries of the City and adjacent to United States Route 54 and is legally
described on Exh ibit B attached hereto and incorporated herein by this reference (the ·'POE
Property"). In the event that the Property is annexed pursuant to this Agreement, the City agrees
to expend its funds as hereinafter provided to promote the rede velopment of the POE Property by
allocating toward the redevelopment costs of the POE Property the City's tax revenues generated
from the transient guest tax applicable to the Property (the "Hotel Tax"), which was imposed
under the provisions of Section 67.1361, et seq., RSMo., as amended. The City agrees that,
should the POE Property fail to be designated as a redevelopment area or should tax increment
financin g (th e "TIF Assistance") fail to be approved by the City for the redevelopment of the
POE Propert y as contemplated by that certain Truman Hotel Tax Increment Financing (TIF)
Redeve lopment Plan dated May 23 , 2016 (the "TIF Plan") or s hould the TIF Assistance be
nullified or reduced by any court order or City action or any other action by any other
governmental entity with jurisdiction (the "TIF Failure"), upon annexation of the Property, the
City shall pay to POE seventy-five percent (75%) of the Hotel Tax collected from the Property
until POE receives an amount equal to the TIF Assistance that POE would have received if there
had been no TIF Fa ilure (the .. Hotel Tax Payments"). The term "TIF Ass istance" is intended to
include all funds that are or would have been reimbursable and payable to POE under the TIF
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Plan. The Hotel Tax Payments shall be made each calendar month and each payment shall be
seventy-five percent (75%) of the Hotel Tax received by the City from sales occurring on the
Property during the calendar month prior to the calendar month in which any of the Hotel Tax
Payments is due. Such activities and undetiakings, including the payment of the Hotel Tax
Payments to PGE, are within the scope of the powers of the City and the City Council of the City
has found and determined that such activities and undertakings promote tourism and are for a
public purpose.
10 . The City's obligation to make the Hotel Tax Payments shall begin the first
calendar month after the City receives notice from Owner or PGE of the TIF Failure and shall
terminate the date on which PGE is fully reimbursed for the redevelopment project costs incurred
by PGE, which were intended to be reimbursed by the TIF Assistance. In no event shall the City
be obligated to make the Hotel Tax Payments from funds or sources other than those moneys
actually received from the Hotel Tax collected from the Property. To assist the City in
determining the amounts of the Hotel Tax Payments, Owner and PGE shall use best efforts to
promptly supply or cause to be supplied to the City , information necessary to calculate the Hotel
Tax and information necessary to determine the aggregate amount of Hotel Tax Payments that
shall be required (i.e., the difference between the TIF Assistance actually received and TIF
Assistance projected to be received if there had been no TIF Failure).
11. The City acknowledges and agrees that following redevelopment of the PGE
Property by PGE that (i) the maintenance and operation of the PGE Property ; (ii) the creation
and maintenance of employment opportunities at the PGE Property ; (iii) the generation annually
of taxable sales at the PGE Property and the Property subsequent to annexation contemplated by
this Agreement; and (iv) the promotion of tourism and economic development, constitute
material inducements to the City to provide the Hotel Tax Payments hereunder. Notwithstanding
anything in this Agreement to the contrary, the parties hereto acknowledge that provision for
amounts constituting the Hotel Tax Payments in any calendar year during which Hotel Tax
Payments may be due shall be subject to annual appropriation by the City Council of the City
and the decisions to budget and to appropriate such funds in any such year shall be made in
accordance with the City's normal procedures for such decisions and that in the event of such
non-appropriation, the parties agree that neither Owner nor any party claiming through Owner
shall have or maintain a claim, recourse or action against the City or its officers, employees or
agents; provided, that any such non -appropriation shall not be deemed a breach of thi s
Agreement and that Owner shall deposit only 25% of Hotel Tax Payments due to the City in any
year in which s uch Hotel Tax Payments amounts remain unappropriated and this Agreement
shall continue in full force and effect notwithstanding such non-appropriation; and provided
further, that the City agrees to cause the City's Administrator, Finance Director or such other
person or persons as from time to time shall have responsibility for the collection and
management of City revenues and for the preparation of the City 's annual budget:
A. To do all things lawfull y within suc h person's powers to collect or
cause to be co llected the funds from which each of the Hotel Tax Payments is to be
made; and
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B. In each year that one or more Hotel Tax Payments is due and
owing under this Agreement, to bring before the City Council of the City the question of
annual appropriation of such funds , including, without limitation, making provision for
such amounts to the extent necessary in each proposed annual budget submitted for
approval in accordance with the City's Charter and with applicable provisions of
Missouri law; and
C. To exhaust all available reviews and appeals in the event such
portion of such annual budget is not approved and appropriated.
12 . During the Payment Period the City will not impose, on the Property or the POE
Property or otherwise, by action of the City Council any law, ordinance, resolution, regulation ,
standard, directive, condition, statute, executive order, rule , agreement or other measure (each
individually, a "City Regulation" and collectively the "City Regulations") that reduces the
assurances provided by this Agreement to Owner, POE , and their affiliates, including without
limiting the foregoing, with respect to the availability of the Hotel Tax (e.g., repealing in whole
or in part the Hotel Tax). During the Payment Period , the City shall not, without the express
written agreement of Owner and POE establish, enact, increase , or impose against the Property
or the POE Property any fees , taxes (including without limitation general, special and excise
taxes), assessments or other monetary obligations other than those imposed and applied on all
similar types of properties within the limits of the City; provided however, if such additional
fees , taxes, assessments or other monetary obligations are imposed by City against the Property
or the POE Property, the Owner and POE shall have the right to claim a credit for any
reimbursable project costs made by POE, which have not been reimbursed to POE by TIF
Assistance or by Hotel Tax Payments pursuant to this Agreement. Nothing contained herein
shall prohibit the City from enacting a City Regulation applicable to the Property or the POE
Property for protection of the health, safety and welfare of the pub! ic in the same manner and to
the same extent as imposed on the general public. Nothing herein shall limit the City 's authority
to enact ordinances, resolutions, or otherwise pass laws or promulgate rules or regulations with
regard to any matter, so long as same does not have the effect of limiting the availability of the
Hotel Tax as described in this Agreement or negating the effect of the Hotel Tax Payments.
13. Each of the Parties hereto (individually an "Indemnifying Party") shall indemnify,
protect, defend and hold the other Party. Indemnifying Party Developer shall indemnify, protect,
defend and hold City Indemnified Party and its officers, directors, elected officials, members,
commissioners, employees and agents (collectively, the "Indemnified Parties" or, individually,
an "Indemnified Party") harmless from and against any and all claims, demands, liabilities and
costs, including reasonable attorneys' fees, costs and expenses, arising from damage or injury,
actual or claimed, of whatsoever kind or character (including consequential and punitive
damages), to persons or property occurring or allegedl y occurring as a result of any acts or
omissions of Indemnifying Party Developer, its constituent members or partners, their
employees, agents, independent contractors, licensees, invitees or others acting by , through or
under such indemnifying parties, in connection with its or their activities conducted pursuant to
this Contract and/or in connection with the ownership, use or occupancy and development or
redevelopment of the Redevelopment Area or a portion thereof and the Project Improvements.
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In the event any suit, action, investigation, claim or proceeding (collectively, an
"Action") is begun or made as a result of any acts or omissions of Indemnifying Party under
which Indemnifying Party may become obligated to one or more of the Indemnified Parties
hereunder, the Indemnified Party shall give prompt notice to Indemnified Party Developer of the
occurrence of such event, but the failure to notify Indemnifying Party will not relieve
Indemnifying Party of any liability that it may have to an Indemnified Party. After receipt of
such notice, Indemnifying Party may elect to defend, contest or otherwise protect the
Indemnified Party against any such Action, at the cost and expense of Indemnifying Party,
utili z ing counse l of choice. The Ind emnified Party shall have the right, but not the obligation , to
participate, at the Indemnified Party's own cost and expense, in the defense thereof by counsel of
the Indemnified Party's choice. In the event that Indemnifying Party shall fail timely to defend,
contest or otherwise protect an Indemnified Party against such Action, the Indemnified Party
shall have the right to do so, and (if such defense is undertaken by the Indemnified Party after
notice to Indemnifying Party asserting Indemnifying Party's failure to timely defend, contest or
otherwise protect against such Action), the Indemnified Party may submit any bills for fees and
costs received from its counsel to Indemnifying Party for payment and, within thirty (30)
business days after such submission, Indemnifying Party shall transfer to the Indemnified Party
sufficient funds to pay such bills. Indemnifying Party acknowledges that such bills may be
redacted to delete any information which would constitute attorney-client communication or
attorney work product.
An Indemnified Party shall submit to Indemnifying Party any settlement proposal that the
Indemnified Party shall receive. Indemnifying Party shall be liable for the payment of any
amounts paid in settlement of any Action to the extent that Indemnifying Party consents to such
settlement. Neither lndeminfying Party nor the Indemnified Party will unreasonably withhold its
consent to a proposed settlement.
Owner and City expressly confirms and agrees that they it haves provided this mutual
indemnification and assumes the obligations under this Contract imposed upon Owner each other
in order to induce the other to enter into thi s Contract. To the fullest extent permitted by law, an
Indemnified Party shall have the right to maintain an action in any court of competent
jurisdiction to enforce and/or to recover damages for breach of the rights to indemnification
created by, or provided pursuant to , this Contract. If such court action is successful , the
Indemnified Party shall be reimbursed by Indemnified Party for all fees and expenses (including
attorneys' fees) actually and reasonably incurred in connection with such action (including,
without limitation, the investigation, defense , settlement or appeal of such action).
The right to indemnification set forth in this Contract shall survive the termination of this
Contract.
14 . This Agreement is not intended to confer any rights or remedies on any person
other than the parties.
15. The benefits and burdens ofthis Agreement are intended to attach to and run with
the land and shall be binding on and inure to the benefit of the parties and their respective legal
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representatives, successors, heirs and assigns. All persons claiming under the parties shall
conform to and observe the provisions ofthis Agreement.
16. This Agreement may only be modified by written mutual agreement of the Owner
of the Property and the City.
17. This Agreement shall be recorded in the office of the Cole County Recorder of
Deeds.
18. The City and Owner each agree to take such actions , including the execution and
delivery of such documents, instruments, petitions and certifications supplemental hereto as may
be necessary or appropriate to carry out the terms, provisions and intent of this Agreement and
which do not impair the rights of the signing party as they exist under this Agreement, and to aid
and assist each other in carrying out said terms, provisions and intent. Time is of the essence in
thi s Agreement. The parties will make every reasonable effort to expedite the subject matters
hereof and acknowledge that the successful performance of this Agreement requires their
continued cooperation.
19. The City hereby represents and warrants that the City has full constitutional and
lawful right , power and authority, under current applicable law, to execute and deliver and
perform the terms and obligations of this Agreement, and all of the foregoing have been or will
be duly and validly authorized and approved by all necessary City proceedings , findings and
actions and, accordingly, this Agreement constitutes the legal, valid and binding obligation of
the City, enforceable in accordance with its terms.
20. Owner hereby represents and warrants that Owner has full power and authority to
execute and deliver and perform the terms and obligations of this Agreement and all of the
foregoing has been duly and validly authorized by all necessary proceedings, and accordingly,
this Agreement constitutes the legal , valid and binding obligation of Owner, enforceable in
accordance with its terms.
21. This Agreement shall not be construed more strongly against one party or the
other. The parties hereto had equal access to input with respect to , and influence over, the
provisions of this Agreement. Accordingly, no rule of construction which requires that any
allegedly ambiguous provision be interpreted more strongly against one party than the other shall
be used in interpreting this Agreement.
22. Owner or its designee may, at any time and from time to time, in connection with
a sale or transfer or in connection with the financing or refinancing related to the Property or the
POE Property, deliver written reque st to the City to execute certificates certifying that to the best
knowledge of the City, (a) Owner or an affiliate is not in default in the performance of its
obligations under this Agreement, or, if a default is alleged, specifically describing the nature
thereof, and (b) confirming that this Agreement has not been amended (o r, if so, identifying the
amendments), and is in full force and effect. The City shall execute and return s uch a certificate
within 30 days after receipt of a request therefor, and failure by the City to do so shall be deemed
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an a dmi ss ion on the City's part that th e Owner or affiliate is not in default in the performance of
any obligations under this Agreement.
23. Any notice required by this Agreement shall be deemed given if de po s ited in the
United States Mail, first class, postage prepaid and addressed as hereinafter specifi ed.
lfto the City:
with a copy to:
Ifto Owner:
with a copy to:
Each party s hall have the right to specify that notice is to be addressed to ano ther address
by g ivi ng to the o the r party ten (1 0) days written noti ce th e reof.
24. This Agreement may be executed in several counterparts, each of which is an
ori g inal and all of which tog ether constitute but one and the same document.
25. No fa ilure to exerci se or delay in exercising any right hereunder on the part of any
pa rty to thi s Agreement s hall operate as a waiver thereof, a nd no single or partial exerci se of any
right of such party s hall preclude any other o r further exerci se of s uch righ t o r th e exerc ise of any
other right.
26 . This Agreement and every question a n s mg hereunder sha ll be construed or
de termined according to the laws of the State of Mi sso uri .
27. In the event a ny term or provis ion of thi s Agreement i s held to be unenforceable
by a co urt of competent jurisdiction, the rema inder s hall continue in full force and effect, to the
extent the rem a ind er can be given effect without the in va lid provision.
[SIG NATURES ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties have exec uted this Agreement on the day and year
firs t above written.
CITY OF J EFFERSON, MISSOURI
By:
______ , City Admini strator
ATTEST:
_____ ,City C lerk
APPROVED AS TO FORM:
______ , City Counse lo r
STATE OF MISSOURI )
) ss
COUNTY OF )
On this __ day of , 20_, before me appeare d , to me
person a ll y kn own , wh o , being b y me dul y sworn , did say that he is the City Administrat or of th e
C ity of Jefferson, Missouri , and that the seal affixed t o the foregoing instrume nt is the corporate
seal of the City and that thi s instrument was s igned and sealed on behalf of the Cit y by authorit y
of its C it y Council and the City Administrator acknowledged this instrument to be the free act
a nd deed of the C ity.
IN TESTIMONY WHE REOF, I have hereunto set by hand and affixed my officia l se al ,
at my office in J effer son C ity, Cole County, Missouri , the day and year fir st above w ritten.
Notary Public
My commi ssion expires : ______ _
9
STATE OF MISSOURI )
) ss
COUNTY OF )
OWNER
Perry-Winkle Hospitality, Inc., a Missouri
corporation
B y:
Name: ---------------------------
Title:
Labella Enterprise s, Inc., a Missouri corporation
By:
Name: ________________________ ___
Title:
On th is day of 20_, before me , a Notar y Public
in and for said s tate, personall y appeared, , who being by
me duly sworn , acknowledged that they are the of
Perry-Winkle Hospitality, Inc., a Missouri corporation and that said in str ument was s igned in
behalf of said corporation and further acknowledged that they executed the same as their free act
and deed for the purposes there in stated and that they have been granted the authority by said
corporation to execute the sam e.
fN TESTIMONY WHEREOF, I have hereunto set by h and and affixed m y official s eal,
at my office m County, Missouri, the day and year fir st a bo ve
written.
No tary Public
My commission expires: ____________ _
STATE OF MISSOURI )
) ss
COUNTYOF )
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On this day of ___________ 20_, before me , a Notary Public
in and for said state, personally appeared , , who being by
me duly sworn , acknowledged that they are the of
Labella Enterprises, Inc ., a Missouri corporation
and that said instrument was signed in behalf of said corporation and further acknowledged that
they executed the same as their free act and deed for the purposes therein stated and that they
have been granted the authority by said corporation to execute the same.
IN TESTIMONY WHEREOF, I have hereunto set by hand and affixed my official seal,
at my office in County, Missouri, the day and year first above
written.
Notary Public
My commission expires: ______ _
II
Exhibit A
Legal Description of Property
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Exhibit B
Legal Description of POE Property
Overa ll Redeve l opmen t A r ea
A TRACT OF ~ND IN THE SOUTHEAST QUARlER OF SECTION 13, TOWNSHIP 44
NORTH, RANGE 12 WEST , COlE COUNTY, MISSOURI, D£SCR18EO AS :
BEGIIII~ING AT A POINT IN ~l. SOUTHEASTERLY UN£ OF OLD MISSOURI STATE
ROUTE •c: NOW kNOWN AS SOUTHRIOGE DRIVE, SAID POINT BEING THf SOUTHW'EmRN
CORNER OF PROPfRlY COftVEY£0 TO BRECKENRIOG£ HOTELS CORPORATION, BY DEED
RECORDED IN BOOK 182, PAGE 323 ; THENCE ALONG SAID SOUTHEASTERLY UNE NORTH S4
DEGREES .a MINUTES EAS', 719.92 FEET, TO A POINT attNG TtU. ltiTERSECTION Of THE
SOUTliEASTERlY RIGHT·OF-WAY LINE OF OlD ROUT£ •:.", NOW kNOWN AS SOVTtfUDGE
DR IVE Of THE SOUTHWESTERlY LINE Of OlD ROUTE "C" CONNEtnON NOW ICNOWN AS
ZUMWALT ROAD; THENC£ 'LONG SAID SOUTHWESIDlY UNE, SOUTH 3S DEGREES 15
MINUT£S EAST, 214.25 f"EET; TO A POINT IN THE NORTHWtSTEftlY RIGHT ·OF·WAY UNE OF
U.S. HIGHWAY NO . 54; THENCE AlONG SAID NORTHW(ST£R LY UNE OF U.S. HIGHWAY NO .
54, SOUTH 3S DEGREES 00 MINUTES WEST, 1019.45 FErT TO TliE NORTHEASTERlY CORNER
OF A TRACT OF LAND DESC~IBED IN BOOK 212, PAGE 473, COlE COUNTY RECORDH'S
OFFICE; THENCE lEAVING THE RIGHT .Of--WAY UNE OF SAID U.S. ROUTE S4 , NORW SS
DEGREES 00 MINUTES 00 S£CONOS W£ST ALONG THE UORTHERLY LINE Of SAID TA.\CT AND
TliE NORTHWESTFRL Y EXTtNSK>N THEREOF, 283 .00 FHT TO A POINT ON THE WEST£RN
BOUNDARY Of A TRACT OF LAND DESCRIBED tN BOOK 232, PAGE 16S, COlE COUNTY
RECORDER'S OFflCE ; THENCE NORTH 35 DEGRHS 00 MINUTES 00 SECONDS EAST, AlONG
SAID WE.STEAN BOUNDAAY 151 .00 FEEl TO THE MOST SOUT'HERlY CORNER Of A TlACT OF
LAND DESCRIBED IN BOOK 155, PAGE 683, COLE: COUNT' RECORO£R'S OFFICE ; THENCE
NORTH OS OEGR££.5 23 MIHU TB 44 SECONDS EAST, ALONG THE WESTERlY UN E OF SAID
TRACT, 50 .61 FEET TO A POINT ON lliE SOUTliERl Y BOUNDARY OF T'HE AFORESAID TRACT IN
BOOK 232, PAGE l6S; THF P..C£ NORTH SS DEGREES 00 fA INUrES 00 S£CON05 WEST AlONG
THE SOUTHERLY UNE OF S.AJD TRACT, 213 .11 FEET TO THE SOUTliEASTERlY UN£ OF OLO
Mt.SSOURI STATE ROUTf "C, NOW KNOWN AS SOUTHF.IDGE DRIVE; THENC£ ALONG SAID
SOlJTHEASTERl Y LINE OF lHE ARC OF A CURVE TO Tli[ RIGHT HAVING A RADIUS OF 925 .37
rcCT, A OISTANCC or 70.0 rCCl' TO A POl I'll OF TANGUfCY, THfNC£ NOftTti S4 OfQ"ff5 48
MINUTES EAST AlONG SAID SOUTHEAST£RlY UNE 162 .2S FEfT TO THE PO INT Of BEGINNING.
Subject to any and all easements, cond itions, restrictions 1nd other lt~ms, now of re<ord .
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