HomeMy WebLinkAboutR-2011-037 Levee Dist.-Tract 22 RESOLUTION NO. 2011-037
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS DECLARATION BY THE CITY RELAT�NG TO ORIGINAL
LEVEE DISTRICT ASSESSMENT TRACT 22 TOGETHER WITH THE EXECUTION AND
DELIVERY OF DOCUMENTS AND OTHER ACTIONS RELATING THERETO
WHEREAS, the City owns certain property ("Property") in the Horizons development
area that was originally assessed by the Riverside-Quindaro Bend Levee District ("Levee
District") as Tract 22; and
WHEREAS, the City desires to subdivide and consolidate various tracts of Property
within the Levee District; and
WHEREAS, as a result of such subdivision and consolidation it is necessary to
allocate the benefits afforded by the by the Levee District and assessments among the
various new parcels and the Board of Aldermen finds it to be in the best interest of the City to
establish such assessments pursuant to the Declaration 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 Declaration of
Allocation of Benefits for Levee District Assessments Relating to The Riverside Quindaro
Bend Levee District of Platte County, Missouri on behalf of 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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: � , l�`�
s Mayor Kathleen L. Rose
ATfEBT: � Approved `Form:
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Robin Littrell, Ci y Clerk ' N cy ps , City Attorney
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Recorded in Platte County, Missouri
Recording Date/Time: 07/14/2011 at 09:14:13 AM
Instr Number: 2011007791 `,,�oPOER'oFO':
Book: 1176 Page: 223 ,. �, .• �� •. F- �
Type: DE OEC � `�'� � �`�o =
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Pages: 6 • � � . ;
Fee: �39.0� S '�/ L ` y� �� j �
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Granior: RIVERSIDE CI7Y DF Gloria Boyer,
Granlee: RIVERSIDE CITY OF RecoMer of Deeds
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Title of Document: Allocation of Benefits for Levee District Tax Assessments Relating to the �
Riverside Quindaro Bend Levee District of Platte County, Missouri. _
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Date of Document: �tti�`�- a-� , 2011 �
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Grantor: City af Riverside �
Address: 2950 NW Vivion Road N
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Riverside, MO 64150 �„�
Grantee: City of Riverside �
Address: 2950 NW Vivion Road
Riverside, MO 64150
Legal Description: See Eahibit A(tract 22)
RETURN RECORDED DOCUMENT TO CITY OF RIVERSIllE
" City of Riverside
Attn: Sarah Wagner
2950 NW Vivion Road
Riverside, MO 64150
(816)741-3993 �
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ALLOCATION OF BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENT5
RELATING TO
THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY, MISSOURI
This declaration of Allocation of Benefits for Levee District Tax Assessments is made as
of � i,�v��P ��j , 2011 by THE CITY OF WVERSIDE, MiSSOURI, a municipal
corporation ("Declarant"), having an address of 2950 NW Vivion Road, Riverside, MO 64150.
Whereas, In The Matter of Riverside-Quindar•o Bend Levee District Plrztte 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 $798,304 (`Benefits") were assessed against the
property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tract 22, Tax Parcel No. 23-3.0-06-000-000-088-000 ("Original
Tract"), which equaled a percentage of the Levee District annual benefit assessments allocated to
the Original Tract of 1.063662%; and
Whereas, the Original Tract has been subdivided or split into two or more parcels ("New
Tracts"); and
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Whereas, the Levee District assesses annual debt service, maintenance and other taxes _
based upon the benefits assessed by the Court against each tract of land; and —^
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Whereas, the Declarant desires to designate the allocation of the Benefits of the Original �
Tract between the New Tracts as set forth in this Declaration; �'
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NOW THERF.FORE, in consideration of the covenants and premises contained in this �y
Declaration, the Declarant states as follows: W
l. Le�al Description of Ori�inal Tract. The Declarant represents that the Legal
description for the Original Tract is as follows:
See Exhibit A, attached.
2. LeEal Descrintion of New Tracts. The Original Tract was divided by Declarant
into two or more separate tracts (the "New Tracts"), legally described in E�ibit "B" attached
hereto and incorporated herein by reference.
3. Allocation of Benefits. The Declarant hereby states that the Benefits shall be
allocated from the Original Tract between the New Tracts as follows:
New Tract #22-1: $292,258 (36.6% of Original Tract 22 resulting in a total % of the
Levee District annual benefit assessments of 0.389405°/a allocated to New Tract #22-1)
New Tract # 22-2: $506,046 (63.4% of Original Tract 22 resulting in a total % of the
Levee District annual benefit assessment of 0.674257% allocated to New Tract#22-2)
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4. Running with the Land. The provisions of this Declaration shall be perpetual
covenants ruiuung with the land and shall inure to the benefit of the Levee District, the Declarant
and Declarant's successors and assigns, and be binding upon such respective successors, assigns,
and grantees, including but without limitation, all subsequent owners of any parcel or property
affected hereby and all persons claiming under or through Declarant.
5. Reuresentations and Warranties. Declarant mpresents and warrants it has the
full power and authority to execute this document and legally bind Declarant as set forth herein.
6. Recordine. Declarant consents to the filing of this Declaration in the Office of the
Platte County Recarder of Deeds and that a copy of such recorded document shall be provided to
the Levee District by Declarant.
7. Reliance and Third Partv BeneficiarY. The Levee District shall be entitled to
rely upon this Declaration in preparing its Tax Book and all other records far the current year
and every year thereafter. The Declarant states that the Levee District is an intended third party
beneficiary of this Declaration and may irrevocably rely upon the terms and provisions contained
herein.
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8. Amendments. This Declaration may not be revoked, amended or modified _
except in a writing executed by Declarant or Delcarant's successor or assigns. 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 Declaration under Section 6 above. �
No amendment shall be effective as to the I.evee District unless and until a fully executed and e�
recorded copy of such amendment is provided to the Levee District. To be effective for any taY N
year, such fully executed and recorded amendment must be actually received by the Levee N
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District no later than August 15 of such taY year.
IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized
representative of Declarant as of the date first above written.
City of Riverside, Declarant
S� � By:
N e: Kathleen L. Rose
Title: Mayor
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STATE OF MI5SOURI )
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COUNTY OF PLATTE )
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On this a� day of , 2011, before me appeared Kathleen L. Rose to
me personally known, who, bei g by me duly swom, did say that he/she is the Mayor of the City
of Riverside, a municipality of the State of Missouri, and that said instrument was signed on
behalf of said municipality, by authority of its Board of Aldermen; and he/she acknowledged
said instrument to be the free act and deed of said municipality.
IN TES7'n�toNV W��oF, I have hereunto set my hand and affixed my official seal in the
County and Sta.te aforesaid, the day and year first above written.
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Notary Public
My Commission Expires: � � � ��
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R:iB�N L LITTRELL '�
Noia�y Pi�blic-Notary SEaI
Stair or Missouri. Ray County �
Comm ss�on a 11390631
My Comm�ss�o���� �.n�res Mar 8, 2015 �
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EXHIBIT "A"
LEGAL DESCRIPTION OF ORIGINAL BENEFIT A5SE5SMENT TRACT
Oriainal Assessment Tract #22:
LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W,
PARCEL ID#: 23-3.0-06-000-000-088-000
All that part of Lots 4 and 5 of the Plat of the Partition of the Estate of George Roberts,
Deceased, in the Southeast Quarter of Section 6, Township 50, Range 33, described as
follows: Beginning at a point in the East line and 1775.8 feet North of the Southeast corner
of said Section 6; thence North along the East line of said Section, 410 feet to the Southerly
line of the right of way of the Kansas City, St. Joseph and Council Bluffs (now Chicago,
Burlington and Quincy) Railroad Company; thence Northwesterly along the Southerly line of
said right of way, 1164.74 feet to the West line of Lot 4 of the Plat of the Partition of the
Estate of George Roberts, Deceased, at a point 2659.2 feet North of the South line of said
Section 6, thence South along the West line of said Lot 4, 410.48 feet; thence Southeasterly
and parallel to the Southerly line of said right of way, 1153.55 feet, to the point of
beginning, all in Riverside, Platte County, Missouri.
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EXHIBIT `B"
LEGAL DESCRIPTION OF NEW BENEFIT ASSE55MENT TRACTS
New Assessment Tract #22-11+/-3.65 acresl:
The west 3.65 acres of the following described tract: All that part of Lots 4 and 5 of the Plat of
the Partition of the Estate of George Roberts, Deceased, in the Southeast Quarter of Section 6,
Township 50, Range 33, described as follows: Beginning at a point in the East line and 1775.8
feet North of the Southeast corner of said Section 6; thence North along the East line of said
Section, 410 feet to the Southerly line of the right of way of the Kansas City, St. Joseph and
Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company; thence Northwesterly
along the Southerly line of said right of way, 1164.74 feet to the West line of Lot 4 of the Plat of
the Partition of the Estate of George Roberts, Deceased, at a point 2659.2 feet North of the
South line of said Section 6, thence 5outh along the West line of said Lot 4, 410.48 feet; thence
Southeasterly and parallel to the Southerly line of said right of way, 1153.55 feet, to the point
of beginning, all in Riverside, Platte County, Missouri.
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New Assessment Tract #22-2 (+/- 6.32 acresl: �
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The east 6.32 acres of the following described tract: All that part of Lots 4 and 5 of the Plat of N
the Partition of the Estate of George Roberts, Deceased, in the Southeast Quarter of Section 6, N
Township 50, Range 33, described as follows: Beginning at a point in the East line and 1775.8 �"�
feet North of the Southeast corner of said Section 6; thence North along the East line of said
Section, 410 feet to the Southerly line of the right of way of the Kansas City, St. Joseph and
Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company; thence Northwesterly
along the Southerly line of said right of way, 1164.74 feet to the West line of Lot 4 of the Plat of
the Partition of the Estate of George Roberts, Deceased, at a point 2659.2 feet North of the
South line of said Section 6, thence 5outh along the West line of said Lot 4, 410.48 feet; thence
Southeasterly and parallel to the Southerly line of said right of way, 1153.55 feet, to the point
of beginning, all in Riverside, Platte County, Missouri.
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