HomeMy WebLinkAboutR-2011-039 Levee Dist.-Argo Dev.-Tract 25 RESOLUTION NO. 2011-039
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS AGREEMENT BETWEEN THE CITY AND ARGO
DEVELOPMENT COMPANY, TOGETHER WITH THE EXECUTION AND DELIVERY OF
DOCUMENTS AND OTHER ACTIONS RELATING THERETO
WHEREAS, Argo Development Company ("Argo") owns certain property ("Property")
in the Horizons development area that was originally assessed by the Riverside-Quindaro
Bend Levee District ("Levee DistricY') as Tract 25; and
WHEREAS, the City has purchased a portion of the Property from Argo; 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 with Argo
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 Argo Development Company 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.
_ , ,,,: a �G�
� \ � Mayor Kathleen L. Rose
ATTEST: Approved orm:
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Robin Littrell, ity Clerk N nc Th pso , City Attorney
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Recorded in Platte County, Missouri
Recarding Date/Time: 0 711 412 0 1 1 at 09:14:13 AM
Instr Number: 2011007788 ���""""''�.
Baok: 117fi Page: 220 ,� o EA o
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Type: DE AGMT � ¢� ' �' =
Pages: 7 � � : ,� 4 :
Fi e: S42.00 S I� � `-y�Feo�NTV �����o .�
I � IIII I IIII II II II II II III II I II IIIIIIII �...u,��
Grantor: ARGD UEVELOPMENT CO GlOrie Boyer,
Granlee: RIVERSI�E CITY OF ReCOrder DI Deeds
Title of Document: Agreemenf Allocaling Benefits for Levee District Tax Assessments
Relating to the Riverside Quindaro Bend Levee District of Platte County, '�
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Missouri. --
Date of Document: , 2011 �
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Grantor: Argo Development Company, a Missouri corporation �
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Address: 7902 NW Scenic Drive N
Weatherby Lake, MO 64152 N
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Grantee: City of Riverside
Address: 2950 NW Vivion Road
Riverside, MO 64150
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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
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AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX
ASSESSMENTS RELATING TO
THE RIVERSIDE QUI:NDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY, NIISSOURI
This Agreement is made as of , l , 20l 1 between Argo Development
Company, a Missouri corporation ("Grantor"), h ving an address of 7902 NW Scenic Drive,
Weatherby Lake, MO 64152 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 Platle 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 $866,730.00 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee DistricY') as Tract 25, TaY Parcel No. 23-3A-06-000-000-090-000 ("Original
Tract"), which equaled a percentage of thc Lcvee District annual benefit assessments allocated to
the Original Tract of 1.154833%; 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 parties desire that the Benefits of the Original Tract be allocated betwecn �
the New Tracts as set forth in this Agreernent; �
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NOW THEREFORE, in consideration of the mutual covenants and premises contained N '
in this Agreement, and other good and valuable consideration a�knowledged by the parties, the �
parties agree as follows:
1. Legal Descrintion of Ori�inal Tract. The parties represent and warrant that the
legal description for the Original Tract is as follows:
See Exhibit A, attached.
2. Lesal Description of Ne�v Tracts. The Original Tract was divided by Grantor
into two or more separate tracts (the "New Tracts"), legally described in Exhibit "B" attached
hereto and incorporated l�erein by reference.
3. Allocation of Benefits. "The parties hereby irrevocably agree that the Benefits
shall be allocated from the Original Tract between the New Tracts as follows:
New Tract #25-1: $515,390.00 (59.5% of Original Tract resulting in a total % of the
Levee District annual benefit assessments in the amount of 0.686707% allocated to New
Tract #25-1)
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New Tract # 25-2: $351,340.00 (40.5% of Original Tract resulting in a total % of the
Levee District annual benefit assessment in the amount of 0.468126% allocated to New
Tract#25-2)
4. Running with the Land. 11ie provisions of this Agreement shall be perpetual
covenants running with the land and shall 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 but without limitation, all subsequent owners of any
parcel or property affected hereby and a11 persons claiming under or through them.
5. Representations and Warranties. Each of the 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 this Agreement 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.
7. Reliance and Third Party Beneficiarv. The Levee District shall be entitled to
rely upon this Ageement in preparing its Tax Book and all other records for the current year and �
every year thereafter. The parties agree that the Levee District is an intended third party —
beneficiary of this Agreement and may irrevocably rely upon the ferms and provisions of this —"
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Agreement. �
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8. Amendments. This 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 N
executed and recorded copy of each ar�d every amendment must be provided to the Levee N
District as required for this Agreement under Section 6 above. No amendment sha11 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 tax year, such fully executed and
recorded amendment must be actually received by the Levee District no later than August 15 of
such taa� year.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representatives of the parties as of the date first above written.
Argo Development Company, Grantor City of Riverside, Grantee
By: By: � /,C.(�GC��� �
Name:��,��E l, (� ( E��� Name: Katt�leen L. Rose
Title: �IC�'�'�� . Title: Mayor
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STATE OF MISSOURI )
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COUNTY OF PLATTE )
On this � 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 instnunent 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 TEST1tv1oNY Wxr�oF, I ha�e hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and yeaz first above written.
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Notarv Public
Ivi Co�ission �x ires: RoeiN �. �irrRel�
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State of Misaourf, R�y County
Commiasion # 113 90631 �
MY Commisslon Expires M�r 8, �
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STATE OF `'Y� ; �u,2, ) �
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COUNTY OF �'g� _ ) N
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On this _� day of Su, � �,, , 2011, befare me appeared ��i � N E �
�l to me personally known, who, being by me duly sworn, did say
that he/she is the � �; — of ARGO DEVELOPMENT COMPANY,
a corporation incorporated in the 5tate of Missouri, and that said instrument was signed on behalf
of said company, by authority of its Board of Directors; and that he/she acknowledged said
instrument to be the free act and deed of said company.
IN T�.sTrlvtoNY WHEREOF, I have tiereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written.
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Notary Public
My Commission Expires: RoeiN �. urrReu
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� Sfate of Miasouri. Ray Counry
Commiasion �r 11390631
My Commisaian Expires Mar 8, 2075
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F.XHIBIT "A"
LEGAL DESCRIPTION OF OIiIGINAL BENEFIT ASSESSMENT TRACT
ORIGINAL ALLOCATION TRACT #25:
LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W,
ORIGINAL PARCEL ID#: 23-3.0-06-000-000-090-000
ALL THAT PART OF LOTS 4 AND S, PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS,
DECEASED, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 6, T50N, R33W,
PLATTE COUNTY, MISSOURI, ALL BEING BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER, SAID POINT
BEING 707.Z6 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER,
BEING AL50 THE NORTHEAST CORNER OF A ONE ACRE TRACT DESCRIBED IN BOOK 104 AT
PAGE 15 IN THE PLATTE COUNTY RECORDER'S OFFICE; THENCE NOD°33'03"E ALONG SAID
EAST LINE, 657.86 FEET TO A POINT WHICH IS 820.40 FEET 50UTH OF THE SOUTH LINE OF
THE C, B, & Q RAILROAD RIGHT OF WAY; THENCE N65°22'47"W, PARALLEL TO SAID SOUTH �
LINE, 11.62.35 FEETTO A POINT ON THE WEST LINE OF LOT 4, SAID PARTITION PLAT; '�'
THENCE S00°20'S6"W ALONG THE WEST LINE OF SAID LOT 4, 908.89 FEETTO THE .�
NORTHWEST CORNER OF THE ABOVE MENTIONED ONE ACRE TRACT; THENCE 577°33'03"E O'1 i
ALONG THE NORTHERLY LINE OF SAID ONE ACRE TRACT, 1081.90 FEET TO THE POINT OF �
BEGINNING. �
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EXHiBiT "B"
LEGAL DESCRIPTION OF 1vEW BENEFIT ASSESSMENT TRACTS
NEW ALLOCATION TRACT #25-1 (+/-11.31 ACRESI:
LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W,
ALL THAT PART OF LOTS 4 AND 5, PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS,
DECEASED, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 6, TSON, R33W,
PLATTE COUNTY, MISSOURI, ALL BEING BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A PDINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER, SAID POINT
BEING 707.26 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER,
BEING ALSO THE NORTHEAST CORNER OF A ONE ACRE TRACT DESCRIBED IN BOOK 104 AT
PAGE 15 IN THE PLATTE COUNTY RECORDER'S OFFICE; THENCE N00°33'03"E ALONG SAID
EAST LINE, 657.86 FEET TO A POINT WHICH IS 820.40 FEET SOUTH OF THE SOUTH LINE OF
THE C, B, & Q RAILROAD RIGHT OF WAY; THENCE N65°22'47"W, PARALLEL TO SAID SOUTH
LINE, 11.62.35 FEET TO A POINT ON THE WEST LINE OF LOT 4, SAID PARTITION PLAT;
THENCE S00°20'S6"W ALONG THE WEST LINE OF SAID LOT 4, 908.89 FEET TO THE
NORTHWEST CORNER OF THE ABOVE MENTIONED ONE ACRE TRACT; THENCE 577°33'03"E
ALONG THE NORTHERLY LINE OF SAID ONE ACRE TRACT, 1081.90 FEET TO THE POINT OF
BEGINNING, EXCEPT FOR THE FOLLOWING DESCRIBED PORTION OF SUCH PROPERTY: �
COMMENCING AT THE 50UTHEAST CORNER OF SAID 50UTHEAST QUARTER OF ,_„
FRACTIONAL SECTION 6, T50N, R33W, BEING A FOUND #6 IRON BAR IN MONUMENT BOX, -� I
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89 "'�
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1056.21 FEETTO -o
THE SOUTHWEST CORNER OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF �
GEORGE ROBERTS"-DECEASED; THENCE N00°22'S0"E ALONG THE WEST LINE OF SAID LOT 4, N
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED", A DISTANCE N
OF 929.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°22'S0"E ALONG �
SAID WEST LINE OF LOT 4, A D15TANCE OF 908.09 FEET TO A POINT ON THE SOUTHERLY
LINE OF THE PROPERTY DESCRIBED IN WARRANTY DEED, BOOK 722, PAGE 146 AND
RECORDED ATTHE PLATTE COUNTY, MISSOURI RECORDER OF DEEDS OFFICE IN PLATTE
CITY, MISSOURI; THENCE S65°22'S3"E ALONG SAID SOUTHERLY LINE, A DISTANCE OF 426.45
FEET; THENCE S00°16'14"W, A DISTANCE OF 816.63 FEET; THENCE N77°31'S8"W, A
DISTANCE OF 399.27 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD. THE TRACT DESCRIBED ABOVE CONTAINS 11.31 ACRES, MORE
OR LESS.
NEW ALLOCATION TRACT #25-2 (+/-7.71 ACRE51:
LOCATION: SE1/4, FRACTIONAL SECTION 6, T50N, R33W,
A TRACT OF LAND LYING IN LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE
ROBERTS"-DECEASED, A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
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MISSOURI, ACCORDING TO THE RECORDED PLAT THEREOF, 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 50UTHEAST QUARTER OF
FRACTIONAL SECTION 6, TSON, 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 L�NE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1056.21 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 4, PLAT OF THE PARTITION OF THE "ESTATE OF
GEORGE ROBERTS"-DECEASED; THENCE N00°22'S0"E ALONG THE WEST LINE OF SAID LOT 4,
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED", A DISTANCE
OF 929.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°22'S0"E ALONG
SAID WEST LINE OF LOT 4, A DISTANCE OF 908.09 FEET TO A POINT ON THE SOUTHERLY
LINE OF THE PROPERTY DESCRIBED IN WARRANTY DEED, BOOK 722, PAGE 146 AND
RECORDED AT THE PLATTE COUNTY, MISSOURI RECORDER OF DEEDS OFFICE IN PLATTE
CITY, M1550URI; THENCE 565°22'S3"E ALONG SAID 50UTHERLY LINE, A DISTANCE OF 426.45 ,
FEET; THENCE S00°16'14"W, A DISTANCE OF 816.63 FEET; THENCE N77°31'58"W, A
DISTANCE OF 399.27 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD. THE TRACT DESCRIBED ABOVE CONTAINS 335,906 SQUARE FEET
OR 7.7113 ACRES, MORE OR LE55.
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