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HomeMy WebLinkAboutR-2011-059 Lot 2 Argo Inn. Park Final Plat RESOLUTION NO. R- 2011-059 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE DISTRICT ASSESSMENTS DECLARATION BY THE CITY RELATING TO LOT 2 OF ARGO INNOVATION PARK FINAL PLAT WHEREAS, the City owns certain property ("Property") in the Horizons development area that was assessed by the Riverside-Quindaro Bend Levee District ("Levee DistricY') as Tracts 22-2 and 23-2; and WHEREAS, the City desires to subdivide and consolidate such various tracts of Property within the Levee District into Lot 2 of Argo Innovation Park Final Plat; 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 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�9'�ay of July, 2011. � �� � • � Mayor Kathleen L. Rose ATTEST:' Approved as to Form: � . ��� � Robin Littrell, Ci y Clerk ar� ho son, City Attorney (� � . . Recorded in Platte County, Missouri Recording oaie/Time: 08/02/2011 at 09:50:59 AM Instr Number: 2011008564 ,,�����A'oF-, Book: 1176 Page: 990 � =_ Type: OT AGMT ; a``: � '-° = Pages: 5 • � • ; Fee: S36.00 S ` � �' ' � � Ili IIII I IIII IIIIIIII IIIIIIII IIIIIII y � ` :°DUhri , �;���o ,` Granlor: RIUERSIDE CITY OF �L Glo�ia Boyer, Grantee: RIUERSIDE CITY OF Recorder ol Deeds I Title of Document: Allocation of Benefits for Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, Missouri. Date of Document: Jc,�,� I 9�` 2011 > Grantor: City of Riverside Address: 2950 NW Vivion Road Riverside, MO 64150 Grantee: City of Riverside � Address: 2950 NW Vivion Road � Riverside, MO 64150 — v Legal Description: Lot 2, Argo Innovation Park � -- o � a � � RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE o 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 QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI This declaration of Allocation of Benefits for Levee District Tax Assessments is made as of S � , 2011 by THE CITY OF RIVERSIDE, MISSOURI, a municipal corporatio ("Declarant"), having an address of 2950 NW Vivion Road, Riverside, MO 64150. Whereas, the Declarant desires to plat certain property located within the boundaries of the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District"); and Whereas, the property consists of the whole or part of various original tracts owned by Declarant to which benefits were assessed by the Circuit Court of Platte County, Missouri 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 and which may have been previously reallocated by agreement of the ovv�ier of the property (the "Benefits"); and Whereas, the Declarant desires to consolidate the Benefits currently assessed against the property generally designated as Tracts 22-2, and 23-2, and legally described in Exhibit "A" ("Current Assessment Tracts"), along with the Benefits in the amount of $506,046 and $236,078 ("Benefits"), respectively, which equaled a percentage of the Levee District annual benefit assessments allocated to such tracts as 0.674257% and 0.314551%, respectively; and r� � Whereas, the I.evee District assesses annual debt service, maintenance and other taxes '— based upon the benefits allocated against each tract of land; and � c7� Whereas, the Declarant desires to designate the allocation of the Benefits of the � consolidated tract according to the rccorded plat of Argo Innovation Park as set forth in this c� Declaration ("New Assessment Tract"); tD � NOW THEREFORE, in consideration of the covenants and premises contained in this � Declaration, the Declarant states as follows: 1. Le�al Descrintion of Current Assessment Tracts. The Declarant represents that the legal descriptions for the Current Assessment Tracts is as follows: See Exhibit "A", attached hereto and incorporated herein by reference. 2. Legal Description of New Assessment Tract. The Current Assessment Tracts have been consolidatcd and platted by Declarant as a part of Argo Innovation Park Plat, a subdivision of the City of Riverside, Platte County, Missouri, Lot 2 of which is owned by Declarant and legally described as: Lot 2 of the Final Plat of Argo Innovation Park, a subdivision in the City of Riverside, Platte County, Missouri 2 the ("New Assessment Tract"). 3. Allocation of Benefits. The Declarant hereby states that the Benefits shall be consolidated from the Current Assessment Tracts into the New Assessment Tract as follows: New Assessment Tract #Argo 2: $742,124 (resulting in a total °/o of the Levee District annual benefit assessments of 0.988808% allocated to New Assessment Tract #Argo 2) 4. Runnine with the 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 limitation, 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. RecordinE. 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 Partv Beneficiarv. The Levee District shall be entitled to � rely upon this Declaration in preparing its T� Book and all other records for 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 J herein. � � � 8. Amendments. T'his 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 � 0 must be provided to the Levee District as required for this Declaration under Section 6 above. 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 tax year, such fully executed and recorded amendment must be actually received by the Levee District no later than August 15 of such tax ycar. 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 g ��L�e.vCJ � Name: Kathleen L. Rose Title: Mayor 3 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this �/ �= day of ��.�.� , 2011, before me appeared Kathleen L. Rose to me personally known, who, being by e 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 TES1'itvtotvY WHExeoH, I have hereunto set my hand and affixed my official seal in the County and StaCe aforesaid, the day and year first above written. � � � ' Notary Public My Commission Expires: r�� �/ � �� ea� �. �m�Eu Mot�ry Ph�lia•Ne1My Sul St�b of Mb�orrl. pyr Cqaity ComnNStion I 11390631 ComrMnbn Expirq Mw !, 2015 � � .� J � — n c 0 �D � c� 4 F,XHIBIT ��A" LEGAL DF,SCRIPTION OF CURRENT ASSESSMENT TRACTS Current Assessment Tract #22-2 (+/- 6.32 acresl: The east 6.32 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 5outheasterly 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. c,� Current Assessment Tract #23-2 (+/- 3.09 acresl: � � The east 3.09 acres of the following described tract: All that part of Lots 4 and 5 of the Plat „J 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 a 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, 5aint Q Joseph and Council 8luffs (now Chicago, 8urlington 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 5outh 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. 5