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HomeMy WebLinkAbout2008-065 - Briarcliff Professional PlazaBILL N0.2008-65 ORDINANCE N0.2008-65 AST (~~Tn7ANfF CIRTIFRTNC; TIE RRTARfTTFF PROFESSIONAL PLAZA PUBLIC IMPROVEMENT .PROJECT IMPROVEMENTS TO BE MADE AND DIRECTING THAT FINANCING BE OBTAINED. WHEREAS, a proper petition (the "Petition") was filed with the City Clerk of the City of Riverside, Missouri, on April 1, 2008, pursuant to the Neighborhood Improvement District Act (the "Act"), Sections 67.453 through 67.475, inclusive, RSMo, as amended, proposing the creation of the Briarcliff Professional Plaza Neighborhood Improvement District (the "District"), legally described on the attached Exhibit A, and was signed by the owners of at least two-thirds by area of all real property located within the District; WHEREAS, the Board of Aldermen of the City of Riverside, Missouri, by adoption of Ordinance No. 2008-53 adopted on April 15, 2008, determined the Briarcliff Professional Plaza Public Improvement Project (the "Project") to be advisable and ordered.the establishment of the Dishict and the preparation of plans and specifications (the "Plans and Specifications") for the Project; WHEREAS, Plans and Specifications for the Project, together with an estimated cost of the Project improvements in the amount of 275,000 (with $125,000 of such cost being assessed against the District) were filed with the City Clerk; Project; WHEREAS, the filed Plans and Specifications set forth the configuration of the finished WHEREAS, the Board of Aldermen, by adoption of Ordinance No. 2008-56 adopted on April 29, 2008, found that the property within the District will be benefited by the Project improvements, ordered the City staff to prepare a proposed assessment roll, ordered that a public hearing on the Project be held on May 2Q 2008 at 7:00 p.m. and ordered the City Clerk to publish and mail notice of the public hearing in accordance with the Act; WHEREAS, a proposed assessment roll (the "Assessment Roll") was prepared and filed with the City Clerk on May 7, 2008; WHEREAS, pursuant to notice duly given, a public hearing was held on the proposed Project and the proposed assessments by the Board of Aldermen on May 20, 2008 at 7:00 p.m.; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI: Section 1. The Plans and Specifications for the Project have been filed, the estimated cost of the Project is $275,000 (with $125,000 of such cost being assessed against the District) and the improvements described in the Plans and Specifications are ordered to be made. Section 2. The City is authorized to provide funding to finance the costs of the Project and to take all other actions necessary or desirable to complete and finance the Project improvements. The Mayor, the City Clerk and the City Administrator are authorized and directed to take such actions as are necessary or desirable to effectuate the intent of this Ordinance. Section 3. When construction of the Project improvements is completed in accordance with the Plans and Specifications, the City shall compute the final costs of the Project improvements plus the costs to establish the District and apportion such costs among the property within the District according to the method of assessment provided for in the Petition and shall by Ordinance assess the fmal cost of the Project improvements plus the costs to establish the District, or the amount of bonds issued or to be issued, as special assessments against the property described in the Assessment Roll. The final costs assessed against property owners shall not exceed $156,250, which amount is 25% more than the amount set forth in the Petition. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage. PASSED and APPROVED this 20`h day of May, 2008. ~~~~~~ Kathleen L. Rose, Mayor (SEAL) A E, '~CC(/u~ Louise Rusick, City Clerk EXHIBIT A LEGAL DESCRIPTION OF DISTRICT Leal Description as Furnished: All that part of the Southwest Fractional Quarter of Section 3, Township 50 North, Range 33 West, lying South of the public road and described as Beginning at a point at the Southwest corner of Sec[ion 3, Township 50 North, Range 33 West; thence East along the South line of Section 3, 828 feet to a point on the line between Platte and Clay Counties, Missouri; thence North along said county line, 87.30 feet to a point on the South line of said public road; thence Northwesterly ou a straight line, making a Northwest angle with the East lice of Platte County of 65 degrees 50 minutes, a distance of 625.77 feet; thence on a curve to the left, having a radius of 2804.93 feet, a distance of 234.13 feet; thence on a tangent to last described curve, 43.10 feet to a point in the West line of said Fractional Quarter Section 3; thence South along the West liue of said Section 3, a distance of 423.33 feet to a point of Beginning, subject to an easement of record to Gas Service Company. (Said tract being the same tract as that conveyed by the City of Kansas City, Missouri, to E.H. Young in that certain deed dated February 24, 1975 and recorded in Book 462, Page 631 as File #45055 and #10100 of the Platte County Recorder.) EXCEPT: That pact deeded November 4; 2003 as Document No. 30819 in Book 1020 at Page 667, and EXCEPT that part deeded November 4, 2003 as Document No. 30820 in Book 1020 at Page 668, and EXCEPT that part deeded November 4, 2003 as Document No. 31586 in Book 1021 at Page 432, re-recorded February .19, 2004 as Document No. 2991 in IIook 1027 at Page 624. AND; Legal Description as Furnished: Title Commitment No. MP67909: AlI that part of the Northwest Fractional Quarter of Section 10, Township 50 North, Range 33 West, Iying North of Missouri State Highway No. 9 and described as Begiuning at the Northwest corner of said Section 10 a distance of 99 feet more or less to the North property line of Missouri State Highway No. 9; thence East along the said North property line a distance of 121,4 feet to a point of curve; thence East along said North property line on a emve to the right having a radius of 2989.93 feet a distance of 710 feet more or less to the intersection of the North property line of Missouri State Highway No. 9 and the boundary line beriveen Clay and Platte Counties, Missouri; thence North aloug said County line 165 feet more oc less to the North line of Section A-1 L0; thence West along the North Tine of Section 10 a distance of 828 feet to the point of Beginning. A-2