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Home My WebLink AboutR-2011-038 Levee Dist.-Tract 23 RESOLUTION NO. 2011-038 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE DISTRICT ASSESSMENTS DECLARATION BY THE CITY RELATING TO ORIGINAL LEVEE DISTRICT ASSESSMENT TRACT 23 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 23; 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. , . a��°_ s � Mayor Kathleen L. Rose - . 1 ATTEST: Approve to Form: .� � � '� � Z---� � Robin Littrell, ity Clerk an omps n, City Attorney / // „`` ` I Recorded in Platte County, Missouri Recording Date/Time: 07/14/2011 at 09:14:13 AM Instr Number: 2Q11Q07789 ��"""'��- , Book: 1176 Page: 221 `��PpER QF�`°_= . � • • F _ Type: DE DEC �� Q � � � = Pages� 7 , / ; .� t �� • = Fee: S42.U0 S K L ^�.. : o� I IIII I IIII II II II II IIIIII II I I I I I I I I I "�"��Ury �'',��``, Grantor: RIVERSIDE CITY DF Gloria Boyer, Grantee: RIVER3IDE CITY OF Recorder of Deede Title of Document: Allocation of Benefits for Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, Missouri. � x Date of Document: , 2011 _ Grantor: City of Riverside 'J Address: 2950 NW Vivion Road � � Riverside, MO 64150 �' 0 N Grantee: City of Riverside N Address: 2950 NW Vivion Road — Riverside, MO 64150 Legal Description: See Exhibit A(tract 23) RETURN RECORDED DOCUMENT 'TO CITY OF RIVERSIDE J City of Riverside Attn: Sarah Wagner 2950 NW Vivion Road Riverside, MO 64150 (816)741-3993 1 ALLOCATION OF BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS RELATING TO THE RIVERSIDE QLJINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI .This declaration of Allocation of Benefits for Levee District Tax Assessments is made as of , 20ll by THE CITY OF RIVERSIDE, MISSOURI, a municipal corporation "Declarant"), 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, Missowi, Sixth Judicial District (the "Court"), benefits in the amount of $515,704 ("Benefits") were assessed against the properiy generally known in the Riverside-Quindazo Bend Levee District of Platte County, Missouri ("Levee District") as Tract 23, Tax Parcel No. 23-3.0-06-000-000-089-000 ("Original Tract"), which equaled a percentage of the Levee Districl annual benefit assessments allocated to the Original Tract of 0.687125%; and Whercas, the Original Tract has been subdivided or split into two or more parcels ("New Tracts"); and Whereas, the Levee Disirict assesses annual debt service, maintenance and other taYes � based upon die benefits assessed by the Court against each tract of land; and x 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; � -v � NOW THEREFORE, in consideration of the covenants and premises contained in this p Declaration, tbe Declarant states as follows: N N 1. Le�al Description of Ori�inal Tract. The Declarant represents that the legal description for the Original Tract is as follows: See ��ibit A, atLached. 2. Leeal Description 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. T`he Declarant hereby states that the Benefits shall be allocated from the Original Tract behveen the New Tracts as follows: New Tract #23-1: $161,205 (31.3% of Original Tract 23 resulting in a total % of the Levee District annual benefit assessments of 0.214790% allocated to New Tract #23-1) New Tract # 23-2: $236,708 (45.8% of Original Tract 23 resulting in a total % of the Levee District annual benefit assessment of 0.314551 % allocated to New Tract#23-2) 2 New Tract # 23-3: $118,421 (23.0% of Original Tract 23 resulting in a total °/a of the Levee District annual benefit assessment of 0.157784% allocated to New Tract#23-3) 4. Running with thc Land. The provisions of this Declaration shall be perpetual covenants running 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 ]imitation, all subsequent owners of any parcel or property affected hereby and all persons claiming under or through Declarant. 5. Representations and Warranties. Declarant represents and warrants it has the full power and authority to execute this document and legally bind Declarant as set forth herein. 6. Recordins. Declarant consents to the filing of this Declaration 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 Declarant. 7. Reliance and Third Party Beneficiarv. 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 tlurd party � beneficiary of this Declaration and may irrevocably rely upon the terms and provisions contained — herein. — � 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 recard and a fully executed and recarded copy of each and every amendment N must be provided to the Levee District as required far this Declaration under Section 6 above. N No amendment shall be effective as to the Levee District unless and until a fully executed and — recorded copy of such amendment is provided to the Levee District. To be effective for any taY year, such fully executed and recorded amendment must be actually received by the Levee District no later than August 15 of such tax 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 U B Name: Katl�leen L. Rose Title: Mayor 3 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this ag�'�' day of , 2011, before me appeared Kathleen L. Rose to me personally known, who, being by me duly sworn, 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. I1v TEST1tv1oNY WxE�oF, I have hereunto set my hand and affixed my official seal in the County and State afaresaid, the day and year first above written. �--�� Notary Public My Commission Expires: �� / ��/� ROBIN L. LITTRELL 7�C Notary Public-Notary Spl _,. St�te o1 Missou�l, Ray County � Commisaion N 11390631 J My Commi�:lon Expires Mar 8. 20t 5 � � � O N N 4 EXHIBIT "A" LEGAL DESCRIPTION OF ORIG[NAL BENEFIT ASSESSMENT TRACT Ori�inal Assessment Tract #23: LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W, PARCELID#:23-3.0-06-ODO-000-089-000 All that part of Lots 4 and 5 of the Plat of the Partition of the Estate of George Roberts, Deceased, in the 5outheast Quarter of Section 6, Township 50, Range 33, all in Riverside, Platte County, Missouri, described as follows: Beginning at a point in the East line and 1365.4 feet North of the Southeast corner of said Section 6; thence North along the East line of said Section, 410.4 feet; thence Northwesterly and parallel to the Southerly line of the right of way of the Kansas City, Saint loseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company, 1163.55 feet to a point in the West line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, 2248.72 feet North of the South line of said Section; thence South along the West line of said Lot 4, 410.9 feet; thence � Southeasterly and parallel to the Southerly line of said right of way, 1162.35 feet to the —' point of beginning, EXCEPT THE EAST THREE ACRES, more or less. J � -� � O N N I 5 EXHIBIT "B" LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMF.N'I' TRACTS New Assessment Trad #23-1 (+/- 2.11 acresl: The south 2.11 acres of the west 3.66 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, all in Riverside, Platte County, Missouri, described as follows: Beginning at a point in the East line and 1365.4 feet North of the Southeast corner of said Section 6; thence North along the East line of said Section, 410.4 feet; thence Northwesterly and parallel to the 5outherly line of the right of way of the Kansas City, Saint Joseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company, 1163.55 feet to a point in the West line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, 2248.72 feet North of the South line of said Section; thence South along the West line of said Lot 4, 410.9 feet; thence Southeasterly and parallel � to the Southerly line of said right of way, 1162.35 feet to the point of beginning, EXCEPT '— THE EAST THREE ACRES, more or less. J � —.o � C7 New Assessment Tract #23-2 (+/- 3.09 acresl: n„� N The east 3.09 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, all in Riverside, Platte County, Missouri, described as follows: Beginning at a point in the East line and 1365.4 feet North ofthe Southeast corner of said Section 6; thence North along the East line of said Section, 410.4 feet; thence Northwesterly and parallel to the Southerly line of the right of way of the Kansas City, Saint Joseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company, 1163.55 feet to a point in the West line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, 2248.7Z feet North of the South line of said Section; thence South along the West line of said Lot 4, 410.9 feet; thence Southeasterly and parallel to the Southerly line of said right of way, 1162.35 feet to the point of beginning, EXCEPT THE EAST THREE ACRES, more or less. New Assessment Tract #23-3 (+/- 1.55 acres): The north 1.55 acres of the west 3.66 acres of the following described tract: All that part of Lots 4 and 5 of the Piat of the Partition of the Estate of George Roberts, Deceased, in the Southeast Quarter of Section 6, Township 50, Range 33, all in Riverside, Platte County, 6 . , ; Missouri, described as follows: Beginning at a point in the East line and 1365.4 feet North of the Southeast corner of said Section 6; thence North along the East line of said Section, 410.4 feet; thence Northwesterly and parallel to the Southerly line of the right of way of the Kansas City, Saint Joseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company, 1163.55 feet to a point in the West line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, 2248.72 feet North of the South line of said Section; thence South along the West line of said Lot 4, 410.9 feet; thence Southeasterly and parallel to the Southerly line of said right of way, 1162.35 feet to the point of beginning, EXCEPT THE EAST THREE ACRES, more or less. m X � � J � - O �C�. 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