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HomeMy WebLinkAbout1387 Final Plat Belgian Bottoms Business Park Lot 1-3 BILL NO. 2015-013 ORDINANCE NO. /397 AN ORDINANCE APPROVING THE FINAL PLAT OF THE REPLAT OF LOT 3, BELGIAN BOTTOMS BUSINESS PARK LOT 1-3, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI WHEREAS,Application No. PC15-06, submitted by Horizons West Land, LLC. requesting approval of the Final Plat of THE REPLAT OF LOT 3, BELGIAN BOTTOMS BUSINESS PARK LOT 1-3, in the City of Riverside, Platte County, Missouri, was referred to the Planning Commission; and WHEREAS, the Planning Commission considered the application on February 26, 2015 and rendered a report to the Board of Aldermen recommending that the final plat be approved; and WHEREAS, that it is in the best interest of the City of Riverside, Missouri to approve the Final Plat of THE REPLAT OF LOT 3, BELGIAN BOTTOMS BUSINESS PARK LOT 1-3 as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 —APPROVAL OF FINAL PLAT. That the Final Plat of THE REPLAT OF LOT 3, BELGIAN BOTTOMS BUSINESS PARK LOT 1-3, in the City of Riverside, Platte County, Missouri, a true and correct copy of which is attached hereto and incorporated herein, is hereby approved, platting the property legally described in Exhibit"A". SECTION 2 -ACCEPTANCE OF DEDICATION. That the City of Riverside hereby further accepts the dedication of all streets, municipal uses, easement, access, and utilities shown on the plat, not heretofore dedicated to the public for the purpose(s) as therein set out. SECTION 3 — REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4—SEVERABILITY CLAUSE. The provisions of this ordinance are severable and If any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of ;RiKe7 ide;Missouri, this 3rd day of March, 2015. ) hleen L. Rose, Mayor �ATTiGT t� f �o Robin Cittrell7City Cler BILL NO. 2015-013 ORDINANCE NO. Exhibit A All of Lot3, Belgian Bottoms Business Park, in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof. CITY OF City of Riverside RIVERSI Staff Analysis Report Case # PC 15-06 MISSOURI Replat of Lot 3 Belgian Bottoms Business Park Lot 1-3 General Information Applicant: Horizons West Land, LLC Location: 4300 NW Mattox Road Application: Replat of Lot 3 Belgian Bottoms Business Park Lot 1-3 Current Zoning: PD Planned Development Existing Land Use: Undeveloped Proposed Land Use: Industrial Site Area: Approximately 2.159 acres(94,060 sq.ft.) Procedure: The plat will be reviewed by the Commission and the Board of Aldermen. Analysis Overview: Horizons West Land, LLC is developing a 36,668 square foot industrial building for Seattle Fish. The applicant is requesting the replat to vacate a 15 foot utility easement on the north side of the property. No utilities are currently located in this easement and all services are available to the property from Mattox Road to the east. Utility easements are available on the west and south sides of the property. Site Layout: The land included in the plat is undeveloped and does not require any new right-of-way or public utility easements as they were dedicated with the original plat. Conformance to Comprehensive Master Plan: The modified plat and proposed use are in conformance with the Comprehensive Master Plan as the plan identifies the area as industrial. Recommendation Staff finds the application in conformance with the Comprehensive Master Plan, UDO and previously approved final plats,and therefore, recommends approval of the replat. Attachments • Proposed Plat FINAL PLAT REPLAT OF LOT 3, BELGIAN BOTTOMS BUSINESS PARK LOT 1 - 3 A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI k � -mr�ews.w_W.rw Y® ;Q wmmw_ M_aw..rxauerrsvuy.pewuw.mwnMnxrarv.v_ `Y°warui ' i Mw.uYal _� _ nnw_w"rvwrN_w.+µ..Iwo 9i'IOY/'E II199' -5d9µ 'w ` iaz�°�w` tai ....r�.,`-".'.`w...^�"��..r...,.w._......._.�_......................�..w " MTHW W 511'A 59J51CBW r.a.rw._�re_.. .JRO SIRFEI - m � oxn.a.cart _�- -- -\ w..w.uew.__.v�....uu...e�.wernao.a•M•��e.ywwarwww_....wnw�w...w.w _w rvrt uwi.w_amww�__ IiERAi OF 1AT].BFLG4W BOROMB BUBINEBB PMIILOI N] a w w•�w Renaissance " Infrastructure °nm-m d m [onsulting Recorded in Platte County,Missouri Recording Date/Time:04/24/2015 at 11:04:44 AM Instr Number: 2015005167 "'°ER OP Book: 1242 Page: 858 ;�° •• FFo_ Type: TR WD ,: ' Pages:3 ��,•''�}( .•yo Fee: $30.00 S ` °ouNT'v.4\y' Gloria Boyer Electronically Recorded Recorder of Deeds (The above space is reserved for Recorder's Certification.) TITLE OF DOCUMENT: SPECIAL WARRANTY DEED DATE OF DOCUMENT: April 1,2015 GRANTOR: HORIZONS WEST BUILDING I,LLC GRANTOR'S MAILING ADDRESS: do Seattle Fish Company 6211 E. 42"d Ave. Denver, Colorado 80216 GRANTEE: CITY OF RIVERSIDE,MISSOURI GRANTEE'S MAILING ADDRESS: 2950 N.W.Vivion Road Riverside,Missouri 64150 RETURN DOCUMENTS TO: Gary A. Anderson,Esq. Gilmore&Bell,P.C. 2405 Grand Boulevard, Suite 1100 Kansas City,Missouri 64108 LEGAL DESCRIPTION: See Ewhibitek This cover page is attached solely for the purpose of complying with the requirements stated in §§59.310.2; 59.313.2 Revised Missouri Statutes. �� (The above space is reserved for Recorder's Certification.) TITLE OF DOCUMENT: SPECIAL WARRANTY DEED DATE OF DOCUMENT: April 1,2015 GRANTOR: HORIZONS WEST BUILDING I, LLC GRANTOR'S MAILING ADDRESS: c/o Seattle Fish Company 6211 E. 42nd Ave. Denver, Colorado 80216 GRANTEE: CITY OF RIVERSIDE,MISSOURI GRANTEE'S MAILING ADDRESS: 2950 N.W. Vivion Road Riverside, Missouri 64150 RETURN DOCUMENTS TO: Gary A. Anderson,Esq. Gilmore&Bell, P.C. 2405 Grand Boulevard, Suite 1100 Kansas City,Missouri 64108 LEGAL DESCRIPTION: See Rthibieek This cover page is attached solely for the purpose of complying with the requirements stated in §§59.310.2; 59.313.2 Revised Missouri Statutes. Citf l vim. T1 1- SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of April 1, 2015, from HORIZONS WEST BUILDING I, LLC, a Missouri limited liability company (the "Grantor"), to CITY OF RIVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under the laws of the State of Missouri(the"Grantee"), having its mailing address as follows: 2950 N.W. Vivion Road, Kansas City,Missouri 64150. WITNESSETH, THAT THE GRANTOR, in consideration of the sum of One Dollar ($1.00) and other valuable considerations to it paid by the Grantee(the receipt of which is hereby acknowledged) does by these presents, SELL and CONVEY unto the Grantee, its successors and assigns, the lots, tracts or parcels of land described as follows: All of the following property located in Platte County, Missouri: Lot 3, BELGIAN BOTTOMS BUSINESS PARK LOTS 1-3,a subdivision in Riverside, Platte County, Missouri. LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY AS CONVEYED TO THE CITY OF RIVERSIDE,MISSOURI BY RIGHT OF WAY DEED RECORDED MAY 31,2012 AS INSTRUMENT NO. 2012007767 IN BOOK 1191 AT PAGE 578: All that part of Lot 3,Belgian Bottoms Business Park Lots 1-3,a subdivision in the Southeast Quarter of Section 6,Township 50 North,Range 33 West, in the City of Riverside,Platte County,Missouri,described as follows: COMMENCING at the Southwest corner of the Southeast Quarter of Section 6,Township 50 North, Range 33 West;thence South 89 degrees 23 minutes 51 seconds East along the South line of the Southeast Quarter of said Section 6 a distance of 1004.93 feet to a point on the Southerly prolongation of the West right of way line of Mattox Road;thence North 0 degrees 15 minutes 59 seconds East along the West right of way line of Mattox Road and its prolongation a distance of 1459.42 feet to the Southeast corner of Lot 3,Belgian Bottoms Business Park Lots 1-3,the POINT OF BEGINNING;thence North 89 degrees 27 minutes 43 seconds West a distance of 38.44 feet to a point;thence North 33 degrees 56 minutes 41 seconds East a distance of 33.25 feet to a point;thence North 0 degrees 15 minutes 59 seconds East a distance of 151.23 feet to a point on the North line of said Lot 3;thence South 89 degrees 44 minutes 46 seconds East along the North line of said Lot 3 a distance of 20.00 feet to the Northeast corner thereof,said point also lying on the West right of way line of Mattox Road;thence South 0 degrees 15 minutes 59 seconds West along the West right of way line of Mattox Road a distance of 179.08 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD,the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear from any encumbrance done or suffered by it; and that it will warrant and defend the title to said premises unto the Grantee and unto the Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming under Grantor and no other. CI [The remainder of this page intentionally left blank.] • r• a4 �: - t>g IN WITNESS WHEREOF,the Grantor has executed this Special Warranty Deed as of the day and year above written. GRANTOR: HORIZONS WEST BUILDING I,LLC, a Missouri limited liability company, By: es Iacino Its Manager ACKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUNTY OF t etvve►\ ) On this 5 day of April, 2015, before me, appeared James Iacino, to me personally known, who being duly sworn, did say that he is the Manager of Horizons West Building I, LLC, a Missouri limited liability company(the "Company") and that the foregoing instrument was signed for the purposes therein contained on behalf of the Company and by authority of the Company; and he further acknowledged said instrument to be the free act and deed of the Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,{711( Awz) Notary t ,li , Printed Name ,5 My Commission Expires: ,•'' SAS CZ) tG 0 CHICAGO TITLE INSURANCE COMPANY, LLC 2345 GRAND, SUITE 690, KANSAS CITY, MO 64108 PHONE: 816-421-5040/FAX: 816-274-0245 Rachel Ferris direct:816-274-0214 rachel.ferris(alctt.corn October 9, 2015 VIA US MAIL City of Riverside 2950 N.W. Vivion Road Riverside, MO 64150 RE: Horizons West Building I, LLC File No. L20147253 Dear City of Riverside: In reference to the above named transaction, please find enclosed the following original documents: 1. Special Warranty Deed; We trust that you will find the enclosed in order, but should you have any questions or require anything further, please do not hesitate to contact me at 816-421-5040. Sincerely, 6i7V4-1,--C41"- Rachel Ferris Commercial Escrow Assistant Enclosures 11Page (The above space is reserved for Recorder's Certification.) TITLE OF DOCUMENT: SPECIAL WARRANTY DEED DATE OF DOCUMENT: OCTOBER 21,2015 GRANTOR: CITY OF RIVERSIDE,MISSOURI GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road Riverside,Missouri 64150 GRANTEE: HORIZONS WEST BUILDING I,LLC GRANTEE'S MAILING ADDRESS: do Seattle Fish Company 6211 E.42nd Ave. Denver, Colorado 80216 RITURN DOCUMENTS TO: Gary A.Anderson,Esq. Gilmore&Bell,P.C. 2405 Grand Boulevard, Suite 1100 Kansas City,Missouri 64108 LEGAL DESCRIPTION: See Exhibit A This cover page is attached solely for the purpose of complying with the requirements stated in §§59.310.2;59.313.2 Revised Missouri Statutes. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of October 21, 2015, from the CITY OF RIVERSIDE,MISSOURI, a political subdivision and body corporate organized and existing under the laws of the State of Missouri (the "Grantor"), having its mailing address as follows: 2950 N.W. Vivion Road, Kansas City, Missouri 64150, to HORIZONS WEST BULDING I, LLC, a Missouri limited liability company(the"Grantee"),having its mailing address as follows: c/o Seattle Fish Company,6211 E.42"Ave.,Denver,Colorado 80216. WITNESSETH, THAT THE GRANTOR, in consideration of the sum of One Dollar($1.00) and other valuable considerations to it paid by the Grantee(the receipt of which is hereby acknowledged) does by these presents, SELL and CONVEY unto the Grantee, its successors and assigns,the lots,tracts or parcels of land described in EXHIBIT A,which is attached hereto,subject to all matters of record. TO HAVE AND TO HOLD,the premises aforesaid,with all and singular the rights,privileges, appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear from any encumbrance done or suffered by it, except as provided herein; and that it will warrant and defend the title to said premises unto the Grantee and unto the Grantee's successors and assigns forever, against the lawful claims and demands of all persons claiming under Grantor and no other, except as provided herein. [The remainder of this page intentionally left blank.] IN WITNESS WHEREOF,the Grantor has executed this Special Warranty Deed as of the day and year above,written. a. . „ CITY OF RIVERSIDE,MISSOURI • `' •ti r_y 1 • e By: Name: Kathleen L. Rose i•f' •..... • Title: Mayor • °i ATTEST: By: Name: Robin Kincaid Title: City Clerk ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF PLATTE ) On this .2 / day of October, 2015, before me, the undersigned, a Notary Public, appeared KATHLEEN L.ROSE and ROBIN KINCAID,to me personally known,who,being by me duly sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen,and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. n f STACEY L RASCO , ' ,e Notary Rubiic -Notary Seal "./ „e'4 l.Zdei ►—' State of Missouri, Buchanan County Name: 5 e AySC+a Commission * 14588197 '.+Y :omm+ssion Expires Mar 3, 2018 Notary Public in airei for said State (SEAL) My Commission Expires:(7 4 4 2dier. Horizons West Building 1 Special Warranty Deed EXHIBIT A LEGAL DESCRIPTION All of the following property located in Platte County,Missouri: Lot 3,REPLAT OF LOT 3,BELGIAN BOTTOMS BUSINESS PARK LOTS 1-3,a subdivision in Riverside,Platte County,Missouri. A-1 TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE Grantor under Lease Agreement and City of Riverside,Missouri Trust Indenture: 2950 N.W.Vivion Road Riverside,Missouri 64150 Horizons West Building I,LLC Grantee under Lease Agreement: c/o Seattle Fish Company 6211 E.42 Ave. Denver,Colorado 80216 UMB Bank,N.A.,as Trustee Grantee under Trust Indenture: 1010 Grand Boulevard,Fourth Floor Kansas City,Missouri 64106 Attention: Corporate Trust Dept. Real Property Legal Description: See Exhibit A on page 7 Document No.2015005168 in Book 1242 Document Reference: at Page 859 Date: October 9,2015 TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE THIS TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST INDENTURE dated as of October 9, 2015 (the "Agreement"), is by and among the CITY OF RIVERSIDE,MISSOURI, a political subdivision and body corporate organized and existing under the laws of the State of Missouri(the"City"), HORIZONS WEST BUILDING I,LLC, a Missouri limited liability company (the "Company"), and UMB BANK, N.A., a national banking association with its principal corporate trust office located in Kansas City,Missouri,as Trustee(the"Trustee"). WITNESSETH: WHEREAS, the City has heretofore issued its Industrial Revenue Bonds (Horizons West Building I, LLC Project), Series 2015, in the aggregate principal amount of$15,000,000 (the "Bonds"), under a Trust Indenture dated as of April 1,2015 (the"Indenture"), between the City and the Trustee,for the purpose of paying the costs of acquiring, constructing, installing and equipping an approximately 37,000 square foot industrial facility for the Company for industrial development purposes(the"Project"), and located on the real property described in EXHIBIT A,which is attached hereto;and WHEREAS, in connection with the issuance of the Bonds,the City,as lessor, and the Company, as lessee,entered into a Lease Agreement dated as of April 1,2015 (the"Lease");and WHEREAS,the City and the Company caused a Memorandum of Lease Agreement dated as of April 1, 2015 to be filed for record in the office of the Recorder of Deeds of Platte County, Missouri on April 24,2015 as Document No.2015005168 in Book 1242 at Page 859; and WHEREAS, Section 11.4 of the Lease provides that the Company agrees to purchase, and the City agrees to sell, the Project for the sum of$100 at the expiration of the Lease Term or following full payment of the Bonds or provision for payment thereof having been made in accordance with the provisions of the Indenture; and WHEREAS, the Bonds have been paid in full, all sums of money due or to become due according to the provisions of the Indenture have been paid to the Trustee, all liabilities of the Company under the Lease have been paid, and the City has sold the Project to the Company,pursuant to the terms of the Lease;and WHEREAS, the City, the Company and the Trustee hereby acknowledge that all conditions precedent to the satisfaction and discharge of the Indenture and satisfaction and termination of the Lease have been complied with in accordance with the provisions thereof and desire to evidence said satisfaction,discharge and termination; NOW,THEREFORE,THE CITY, THE COMPANY AND THE TRUSTEE DO HEREBY STATE AND DECLARE: 1. That as of the date hereof,all conditions precedent to the satisfaction and discharge of the Indenture have been complied with in accordance with the terms of the Indenture,the Indenture has been satisfied and discharged and the property therein described is hereby released from the lien and effect of the same. 2. That as of the date hereof, the Lease (and the Memorandum of Lease Agreement filed with respect thereto)is hereby terminated and shall be no further force and effect. • 3. That as of the date hereof, the property situated in Platte County, Missouri described in Exhibit A attached hereto is hereby released from the lien and effect of the instruments described in paragraphs 1 and 2 above. [Rest of page intentionally left blank] [Horizons West Building I Termination and Release Agreement} 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized signatories,all as of the day and year first above written. I CITY OF RIVERSIDE,MISSOURI •.1, EAL3 : ..4.C.)066-taie---) 6 . i'i T_r BY a • ;. Name: thleen L.Rose Title: Mayor • 3 I • ` Y ATTEST' `} By: C—e—� Name: Robin Kincaid Title: City Clerk ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF PLATTE ) On this ,)— day of October, 2015, before me, the undersigned, a Notary Public, appeared KATHLEEN L.ROSE and ROBIN KINCAID,to me personally known,who,being by me duly sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. STACEY L RASCO I Notary Public . Notary Seal [C44 Cid-- State of Missouri, Buchanan County ( Name: 5LiRaSeo Commission* 14588197 My Commission Expires Mar 3 2018 Notary Public in arid for said State (SEAL) My Commission Expires[,JC4tJi 3, A,of . [Horizons III Termination and Release Agreement] 3 HORIZONS WEST BUILDING I, LLC, a Missouri limited liability company, By: es Iacino I Manager ACKNOWLEDGMENT STATE OF COL RADO ) • )ss. COUNTY OFJO_/L U'rr ) On this 1 7Zday of October, 2015, before me, appeared James lacino,to me personally known, who being duly sworn, did say that he is the Manager of Horizons West Building I, LLC, a Missouri limited liability company (the"Company")and that the foregoing instrument was signed for the purposes therein contained on behalf of the Company and by authority of the Company; and he further acknowledged said instrument to be the free act and deed of the Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY S.WEBB „/'k4Ge'il. Z-- ti!'j NOTARY ID#20134032677 otary Public NOTARY PUBLIC STATE OF COLORADO A ')') � / � )")/2.éA My Commission expires May 232017 /Lf Printed Name *J/ My Commission Expires: ,G/9 [Horizons III Termination and Release Agreement] 4 UMB BANK,N.A.,as Trustee By: Name: nthony P. Hawkins Title: Vice President (SEAL) ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. . COUNTY OF JACKSON ) On this).)}\day of October, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony P.Hawkins,to me personally known,who, being by me duly sworn, did say that he is a Vice President of UMB BANK,N.A.,a national banking association, and that the seal affixed to the foregoing instrument is the corporate seal of said bank,and that said instrument was signed and sealed in behalf of said bank by authority of its board of directors, and said individual acknowledged said instrument to be the free act and deed of said bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. Notary Put:4c-Notary Seal STATE OF MISSOURIJackson Notary Public—St a�J Missouri MY 8 ,1017 bj County67[SEAL] My appointment expires 1 s , dul 71 J Exhibit A LEGAL DESCRIPTION MI of the following property located in Platte County,Missouri: Lot 3,REPLAT OF LOT 3,BELGIAN BOTTOMS BUSINESS PARK LOTS 1-3,a subdivision in Riverside,Platte County,Missouri. b IMAGED