HomeMy WebLinkAboutR-2011-036 Levee Dist.-IDA-Tract 20 RESOLUTION NO. 2017-036
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS AGREEMENT BETWEEN THE CITY AND THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, TOGETHER WITH THE
EXECUTION AND DELIVERY OF DOCUMENTS AND OTHER ACTIONS RELATING
THERETO
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") owns certain property ("Property") in the Horizons development area that was
originally assessed by the Riverside-Quindaro Bend Levee District ("Levee District") as Tract
20; and
WHEREAS, the City has purchased a portion of the Property from the Authority; and
WHEREAS, as a result of such purchase, the Property has been subdivided into two
or more smaller parcels and it is necessary to allocate the benefits afforded by the by the
Levee District and assessments among the various smaller parcels and the Board of
Aldermen finds it to be in the best interest of the City to enter into an agreement allocating the
benefits 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 Agreement Allocating
Benefits for Levee District Assessments Relating to The Riverside Quindaro Bend Levee
District of Platte County, Missouri by and between the Industrial Development Authority of the
City of Riverside, Missouri and the City of Riverside, Missouri in substantially the same form
as attached hereto as Exhibit "A°, with such changes as are approved by the officer executing
such document, such execution being conclusive proof of such approval, the City Clerk is
authorized to attest thereto;
FURTHER THAT the Mayor and City Clerk are hereby authorized to execute such
additional documents and take such actions as are necessary or desirable to effectuate the
intent of this Resolution;
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor
of the City of Riverside, Missouri, the 21 day of June, 2011.
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- � � „ ° � . Mayor Kathleen L. Rose
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ATTEST: � Approved o Form:
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Robin Littrell, Ci y Clerk Nanc mps , City Attorney
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Recorded in Platte County, Missouri
Recording DateiTime 07114/2011 at 09:14:13 AM
Instr Number. 2011007787 .���'"""'�--
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Book 1176 Page: 219 c � "•�FF=-
.`q�.' :N1
Type: OE AGMT —
Pages: 7 �� � : � � ; ¢ :
Fee: 542.00 5 : •. ,� p :
1111111111I111111111111111111111111 ���..,,;;,;���y�''�'�
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Grantor: INDUSTRIAL DEVELDPMENT AUTHORITY OF... Gloria Boyer,
Grantee: RIVERSIDE CITY OF Recorder ol Deeds
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Title of Document: Agreement Allocating Benefits for Levee District Taa� Assessments _
Relating to the Riverside Quindaro Bend Levee District of Platte County, —
Missouri. J
�
, 2011 �
Date of Document: J�V1�2 �� �''
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Grantor: The Industrial Development Authority of —
the City of Riverside, Missouri t,0
Address: 2950 NW Vivion Road
Riverside, MO 64150
Grantee: City of Riverside
Address: 2950 NW Vivion Road
Riverside, MO 64150
Legal Description: See Exhibit A
RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE
✓City of Riverside
Attn: Sarah Wagner
2950 NW Vivion Road
Riverside, MO 64150
(816)741-3993
1
AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX
ASSESSMENTS ItELATING TO
THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY, MIS50URI
This Agreement is made as of .� (,� ��.`'� , 2011 beriveen THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE C1TY OF RIVERSIDE, MiSSOURI, a
Missouri corporation ("Grantor"), having an address of 2950 NW Vivion Road, Riverside, MO
64150 and the CITY OF RIVERSIDE, MISSOURI, a municipal corporation ("Grantee"),
having an address of 2950 NW Vivion Road, Riverside, MO 64150.
Whereas, In The Matter of Riverside-Quindaro Bend Levee District Platte County,
Missouri, Case No. 99 CC 00930, in the Circuit Court of Platte County, Missouri, Sixth Judicial
District (the "Court"), benefits in the amount of $1,505,373 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("L,evee District") as Tract 20, Ta� Parcel No. 23-3.0-06-000-000-092-000 ("Original
Tract"), which equaled a percentage of the Lcvee District annual benefit assessments allocated to
the Original Tract of 2.00�762%; and
Whereas, the Original Tract has been subdivided or split into two or more parcels ("New
Tracts"); and m
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Whereas, the Levee District assesses annual debt service, maintenance and other taYes _.,,
based upon the benefits assessed by the Court against each tract of land; and �..i
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Whereas, the parties desire that the Benefits of the Original Tract be allocated between �
the New Tracts as set forth in this Agreement; �
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NOW THEREFORE, in consideration of the mutual covenants and premises contained �
in this Agreement, and other good and valuable consideration acknowledged by the parties, the
parties a�ee as follows:
1. Le�al Description of Original Tract. The parties represent and warrant that the
legal description for the Original Tract is as follows:
See E�ibit A, attached.
2. Lesal Deseription of New Tracts. The Original Tract was divided by Grantor
into two separate tracts (the "New Tracts"), ]egally described in E�ibit "B" attached hereto and
incorparated herein by reference.
3. Allocation of Benefits. T'he parties hereby irrevocably agee that the Benefits
shall be allocated from the Original Tract between the New Tracts as follows:
New Tract #20-1: $683,047 (45.4% of Original Tract 20 resulting in a total % of the
Levee Distirict annual benefit assessments of 0.9] 0093% allocated to New Tract #20-1)
2
New Tract # 20-2: $429,407 (28.5% of Original Tract 20 resulting in a total % of the
Levee District annual benefit assessment of 0.572143% allocated to New Tract#20-2)
New Tract # 20-3: $392,919 (26.1 % of Original Tract 20 resulting in a total % of the
Levee District annual benefit assessment of 0.523526% allocated to New Tract#20-3)
4. Running with the Land. The provisions of this Agreement shall be perpetual
covenants running with ihe land and sha11 inure to the benefit of the Levee District, the parties
and their respective successors and assigns, and be binding upon the parties and their respective
successors, assigns, and grantees, including hut without limitation, all subsequent owners of any
parcel or property affected hereby and all persons claiming under or through them.
5. Renresentations and Warranties. Each of thc parties to this Agreement hereby
represents and warrants to the other that each person executing this document has the full power
and authority to execute this document on behalf of the respective Grantor and Grantee and has
the power and authority to legally bind the respective Grantor and Grantee as set forth herein.
6. Recordin�. Each of the parties to tlus Aareement consent to the filing of this
Agreement in the Office of the Platte County Recorder of Deeds and that a copy of such
recorded document shall be provided to the Levee District by Grantor.
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7. Reliance and Third Partv Beneficiarv. The Levee District shall be entitled to —"
rely upon this Agreement in preparing its T� Book and all other records for the current year and �
every year thereafCer. The parties agree that the Levee District is an intended third parry Q
beneficiary of this Agreement and may irrevocably rely upon the terms and provisions of this �
Agreement. p
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8. Amendments. "fhis Agreement may not be revoked, amended or modified except "
in a writing executed by the parties. Such amendment must be recorded of record and a fully �
executed and recorded copy of each and every amendment must be provided to the Levee
District as required for this Agreement under Section 6 above. No amendment shall be effective
as to the I,evee Dishict unless and until a fully executed and recorded copy of such amendment
is provided to the Levee District. To be effective for any tax year, such fully executed and
recorded amendment must be activally received by the Levee District no later than August 15 of
such taac year.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representativcs of the parties as of the date first above written.
The Industrial Development Authority
Of the City of Riverside, Missouri, Grantor City of Riverside, Grantee
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Name: ��;� ry ,,�.(� `j��i�. Name: Kathleen L. Rose
Title: President Title: Mayor
3
GEORGE ROBERTS"-DECEASED; THENCE N00°16'14"E ALONG THE WEST LINE OF SAID LOT 3,
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE OF
777.66 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'14"E ALONG SAID
WEST LINE OF LOT 3, A DISTANCE OF 1210.00 FEET; THENCE S89°23'44"E, A DISTANCE OF
531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE
"ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE 500°22'S0"W ALONG SAID EAST LINE
OF LOT 3, A DISTANCE OF 1209.99 FEET; THENCE N89°23'44"W, A DISTANCE OF 529.44 FEET
TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET, AS
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE
ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT, TO BE USED
FOR ROADWAY PURPOSES. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
New Assessment Tract #20-3 (+/-8 22 acresl•
ALL THAT PART OF LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS",
DECEASED, LYING SOUTH OF THE RIGHT OF WAY OF NE 41 STREET AND THE FOLLOWING
DESCRIBED TRACT:
A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE
ROBERTS"-DECEASED, A SUBDIVISION OF LAND IN THE CITY OF RIVER5IDE, PLATTE COUNTY,
M15SOURI, ACCORDING TO THE RECORDED PLATTHEREOF, AND LOCATED IN THE
SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST, �
BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE �
SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "'""
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF � I
FRACTIONAL SECTION 6, T50N, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, �
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89°23'44"W -�
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A D15TANCE OF 1584.16 FEET TO �
THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF a
GEORGE ROBERTS"-DECEASED; THENCE NOO°16'14"E ALONG THE WEST LINE OF SAID LoT 3, n3
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE Of i �
777.66 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°16'14"E ALONG SAID �
WEST LINE OF LOT 3, A DISTANCE OF 1210.00 FEET; THENCE 589°23'44"E, A DISTANCE OF
531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE
"ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE S00°22'S0"W AL�NG SAID EAST LINE
OF LOT 3, A DISTANCE OF 1209.99 FEET; THENCE N89°23'44"W, A DISTANCE OF 529.44 FEET
TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET, A5
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE
"ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT, TO BE USED
FOR ROADWAY PURPOSES. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
7
CITY OF
�: RIVERSI��
�.+�-
Upstream from ordinary.
2950 NW Vivion Road
Riverside, Missouri 64150
MEMO DATE: June 16, 201 I
AGENDA DATE: June 21, 201 I
TO: Mayor and Board of Aldermen
FROM: Nancy Thompson, Ciry Attorney
RE: Allocation of Levee Assessments Agreement
BACKGROUND: At the time the Levee District was created the Circuit Court approved an
allocation of benefits received by the various tracts located within the levee
protected area. The allocation of benefits is what is used by the Levee District
to make its proportionate annual assessments against the various tracts located
within the District for Levee District expenses.
Any time one of the parcels within the District is subdivided, a new allocation of
benefits/assessments is required. Because the allocation of benefits was based on
a large number of varying factors, there is not an external source from which to
determine what the new levee district assessment should be for a subdivided
tract (for example, the assessed valuation does not correspond to the levee
district assessment allocation formula). Accordingly, the Levee District has taken
the position that the parties to each real estate transaction are required to
divide up the assessments in a manner that deem fair and equitable.
The Johnson Controls/SeyllerlColeman/IDA transactions, combined with the
construction of the roadway and the platting of the property, resulted in the
subdivision of several of the original Levee District assessment tracts. The Levee
District needs to be provided with confirmation of the benefit assessment on
each of the subdivided tracts created by the real estate transactions in the form
of a written agreement. The City calculated the square footage of each of the
tracts and developed a formula to divide the assessments on the subdivided
tracts, which is reflected in the agreement and the spreadsheet provided.
If you have any questions or concerns, do not hesitate to contact either ponna
or me prior to the meeting.
RECOMMENDATION: Staff recommends approval of each of the resolutions authorizing the
agreements.
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Distribution of Levee Assessments after Parcel Chan�es
Origina Assessment
I Tract Allocated to
Plat Lot # # Property Acres
Coleman 25 1.154833°/a 19.02
23-3.0-06-000-000-090-000
$866,730 original benefit amount New % of
Allocation % of Total Total
Acres of Street Total Acres Assessments
JCI 3 25-2 7.71 0 7.71 40.5% 0.468126%
Coleman 4 25-1 ] 1.31 0 1131 59.5% 0.686707%
19.02 19.02 100.0°/a 1.1 �4833%
City of Riversidc 20 2.005762% 33.83
23-3.0-06-000-000-092-000
$1,5U5,373 original benefit amount New % of
Allocation % of Total Total
Acres of Street Total Acres Assessments
JCI 3 20-] 14.74 0.61 15.35 45.4% 0.910093%
IDA 1 20-2 9.65 0 9.65 28.5% 0.572143%
IDA 5 20-3 8.22 0.61 8.83 26.1°/a 0.52�526%
32.61 33.83 100.0% 2.005762%
Seyller 22 1.063662% 9.97
23-3.0-06-000-000-088-000
$798,304 original benefit amount New % of
Allocation % of Total Total
Acres of Street Total Acres Assessments
City of Riverside 1 22-1 3.65 0 3.65 36.6% 0.389405%
City of Rivcrside 2 22-2 6.32 0 6.32 63.4% 0.674257%
9.97 9.97 ] 00.0% 1.063662%
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New Benefit
Amount based
on %
3� 1,340
515,390
866,730
New Benefit
Amount based
on %
683,047
429,407
392,919
1,505,373
New Benefit
Amount based
on %
292,258 ',
� 06.046
798,304
- Y �,_ r �_ . � � ' . . . . . . . � ' . L „vir.�W�,,�n_'.. -�
`^T� .
Seyller 23 0.687125% 6.75
23-3.0-06-000-000-089-000
$515,704 original benef t amount New % of
Allocation % of Total Total
Acres of Street Total Acres Assessments
JCI 3 23-1 2.11 0 2.11 31.259259% 0.214790%
City of Riverside 2 23-2 3.09 0 3.09 45.777778% 0.314551 °/a
City of Riverside 1 23-3 1.55 1.55 22.962963% 0.157784%
6.75 6.75 FALSE 0.687125%
Coleman 26 1.210143°/a 19.86
23-3.0-06-000-000-091-000
$908,242 original benefit amount New % of
Allocation % of Total 'I'otal
Acres of Street Total Acres Assessments
Coleman 6 26-1 15.45 1.01 16.46 82.9% 1.002968%
Colcman 4 26-2 1.4 0.65 2.05 10.3% 0.124914%
JCI 3 26-3 0.99 0.36 1.35 6.8% 0.082260%
17.84 19.86 100.0% 1.210143%
Total New Plat Parccls
City of Riverside 1 ] 4.85 0 14.85 1.1 ] 9332%
City of Riverside 2 9.41 0 9.41 0.988808%
JCI 3 25.55 0.97 26.52 1.675270%
Coleman 4 12.71 0.65 13.36 0.811621%
City of Riverside 5 8.22 0.61 8.83 0.523526%
Coleman 6 15.45 1 A 1 16.46 1.002968%
Total 86.19 3.24 89.43 6.121525%
City
JCI
Coleman
I
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,
New Benefit
Amount based
on %
161,205
236,078
118,421
515,704
New Benefit
Amount based
on %
752,752
93,751
61,739
908,242
example based on
2,500,000
27,983
24,720
41,882
20,291
13,088
2�.074
1 �3.038
65,792
41,882
45,365
153.038
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