HomeMy WebLinkAbout2012-002 IDA Resolution Allocating Levee District Assessments IDA RESOLUTION NO. 2012- 002
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") owns certain property ("Property") in the Horizons development area that was
originally assessed by the Riverside-Quindaro Bend Levee District ("Levee District") as Tracts
45, 79, 80 and 87; and
WHEREAS, the Property has authorized the platting and subdivision of the property
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 Directors finds it to be in
the best interest of the Authority to allocate the benefits as set forth in Exhibit A attached
hereto;
NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the President 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 by and between the Industrial Development Authority of the
City of Riverside, Missouri 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 Assistant
Secretary is authorized to attest thereto;
FURTHER THAT the President and Assistant Secretary 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 Industrial Development Authority and APPROVED
by the President of the Industrial Development Authority of the City of Riverside, Missouri, the
o day of Ke�Q . 12012.
oL
Pamela J. Dar a, President
ATTEST:
SaraTi agner, Assi nt Secretary
Approved as to Form:
t Nancy Thompson, City Attorney
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Recorded in Platte County, Missouri
Recording Date/Time: 02/15/2012 at 09:07:01 AM
Instr Number: 2012002130 "r r .----
Book: 1185 Page: 950 d QOER Oc
Type: DE AGMT
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Pages: 8 • : - -
Fee: S45.o0 S y
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Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Gloria Boys
Grantee: RIVERSIDE CITY OF Recorder of De s
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: I'la¢:�:j 7 '�', 2012
Grantor: The Industrial Development Authority of
the City of Riverside, Missouri
Address: 2950 NW Vivion Road co
Riverside, MO 64150 x
Grantee: City of Riverside co
Address: 2950 NW Vivion Road U1
Riverside, MO 64150
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Legal Description: See Exhibit A t0
D
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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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 2012 between THE INDUSTRIAL DEVELOPMENT
AUTHORIT OF THE CITY OF RIVERSIDE,MISSOURI, a Missouri corporation,
("IDA"), having an address of 2950 NW Vivion Road, Riverside, MO 64150 and the CITY OF
RIVERSIDE,MISSOURI, a municipal corporation("City"), having an address of 2950 NW
Vivion Road, Riverside, MO 64150.
Whereas,In The Matter ofRiverside-Quindaro Bend Levee District Platte County,
Missouri, Case No. 99 CC 00930, in the Circuit Court of Platte County,Missouri, Sixth Judicial
District(the "Court"), benefits in the combined amount of$13,807,719.10 ("Benefits")were
assessed against the property generally known in the Riverside-Quindaro Bend Levee District of
Platte County, Missouri ("Levee District") as Tracts 45, 79, 80 and 87, Tax Parcel No. 23-3.0-
08-000-000-003-000, 23-3.0-05-000-000-042-001, 23-3.0-05-000-000-042-000 and 23-3.0-05-
000-000-043-000, respectively, ("Original Tracts"), which equaled a percentage of the Levee
District annual benefit assessments allocated to the Original Tracts of 18.397432%; and
Whereas,the Original Tracts have been consolidated and subdivided or split into two or
more parcels ("New Tracts")by the IDA and City; and
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
Whereas,the parties desire that the Benefits of the Original Tracts be allocated between o0
the New Tracts established by the final plat of Horizons East First Plat as set forth in this PC
Declaration; _
GO
NOW THEREFORE, in consideration of the mutual covenants and premises contained un
herein, and other good and valuable consideration acknowledged by the parties,the parties agree
and delcare as follows: o
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1. Leval Description of Original Tracts. The parties represent and warrant that the Cn
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legal descriptions for the Original Tracts are as follows:
See Exhibit"A", attached hereto and incorporated herein by reference.
2. Legal Description of New Tracts. The Original Tracts were consolidated and
platted by the parties in the final plat of Horizons East First Plat, a subdivision of the City of
Riverside, Platte County, Missouri as depicted in Exhibit"B" attached hereto and incorporated
herein by reference (the "New Tracts").
2
3. Allocation of Benefits. The parties hereby irrevocably state and agree that the
Benefits shall be allocated from the Original Tracts between the New Tracts as set forth in
Exhibit "C" attached hereto and incorporated herein by reference.
4. Running 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 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 all persons claiming under or through them.
5. Representations and Warranties. Each of the parties to this Declaration hereby
represents and warrants to the other that each person executing this document has the full power
and authority to execute this document and has the power and authority to legally bind the
respective party as set forth herein.
6. Recording. Each of the parties to this Declaration 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 City.
7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to
rely upon this Declaration 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 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 the parties. 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 00
District as set forth in Section 6 above. No amendment shall be effective as to the Levee District
unless and until a frilly 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 Co
actually received by the Levee District no later than August 15 of such tax year. C n
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IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized o
representatives of the parties as of the date first above written. UD
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CD
The Industrial Development Authority
Off the of Riverside,Missouri City of Riverside, Missouri
ByBy:
Name: �nPri A l Name. Kathleen L. Rose
Title: President Title: Mayor
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STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this Z day of 2012, 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.
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.
L --��
,
Notary Public
My Commission Expires: " ILAL�� ' J1 ROBIN L.LITTRELL
Notary Public-Notary Seal
State of Missouri, Ray County
Commission#r 11390631
My Commission Expires Mar 8,2015
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE ) mac
On this Z day of ' 2012, before me appeared Pamela J. Darata to
me personally known,who, being by me dulf sworn, did say that he/she is the President of The co
Industrial Development Authority of the City of Riverside,Missouri a corporation Ln
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incorporated in the State 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 110
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to be the free act and deed of said company. CJ7
9
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.
Notary Public
My Commission Expires: � 8 IDIS
ROBIN L.LITTRELL
Notary Public-Notary Seal
State of Missouri, Ray County
Commission M 11390631
My Commission Expires Mar 8,2015
4
EXHIBIT "A"
LEGAL DESCRIPTION OF ORIGINAL TRACTS
Original Assessment Tract#45, 79, 80, and 87:
A tract in the Southwest Quarter of Section 5 in Township 50, Range 33, Riverside, Platte
County, Missouri, described as follows: Beginning on the West line of said Section 5 at a point
1,987.7 feet North of the Southwest corner thereof, thence South and Easterly parallel with the
Right-of-Way of the C, B & Q Railway 1,445.2 feet to the East line of the West Half of the
Southwest Quarter of said Section; thence South 330.3 feet; thence North 65 degrees 51 minutes
West 1,445.2 feet to the West line of said Section; thence North 330.3 feet to the Point of
Beginning, Except that part in roads
A tract in the Northwest part of the Southwest Quarter of Section 5 in Township 50 of Range 33,
Riverside, Platte County, Missouri, described as follows: Beginning at a point
28.58 chains North and 2.90 chains East of the Southwest corner of Section 5 in Township
50 of Range 33, and running South 65 1/2 degrees East 18.72 chains; thence North 2.82
chains to C. B. & Q. Railroad, thence North 66 degrees West 18.78 chains along side of
railroad Right-of-Way, thence South 3.16 chains to Place of Beginning, EXCEPT, the East
one acre thereof, all in Riverside, Platte County, Missouri, Except that part, if any, in roads.
A tract in the Southwest Quarter of Section 5 in Township 50 of Range 33, Riverside, Platte
County,Missouri, described as follows: Beginning at a point on the West line of said Southwest
Quarter of Section 5 where said line intersects the Southerly Right-of-Way line of the Burlington
Northern Railroad, said point also being 2,185.91 feet North of the
Southwest corner of said Southwest Quarter,thence South along said West line 198.21 feet,
thence Southeasterly parallel with the Southerly line of said railroad 209.68 feet, thence
North parallel with the West line of said Quarter Section 208.56 feet to the Southerly line of z
said railroad; thence Northwesterly along said Southerly line of railroad to the Point of
Beginning, Except that part in roads.
CO
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Those parts of Section Five (5) and of Fractional Section Eight(8) all in Township Fifty (50) I'M
North, Range Thirty-three (33) West of the Fifth Principal Meridian, Riverside, Platte o
County, Missouri, described as follows: Commencing at the Southeast corner of said kp
Section Five (5), being also the Northeast corner of said Fractional Section Eight(Frac. 8); CJ1
thence North 89 degrees 20 minutes 00 seconds West along the South line of said Section
Five (5) (which is also the North line of said Fractional Section Eight(Frac. 8) 1,160.00 feet
to a True Point of Beginning, said point being on the Westerly Right-of-Way line of
highway designated Interstate Route #635, as condemned in the Circuit Court of Platte
County,Missouri, in Suit No. C-11021; thence from said true Point of Beginning South 0
degrees 01 minutes 20 seconds East along said Westerly Right-of-Way line 812.00 feet;
thence Southeasterly along said Right-of-Way being a curve to the left, having a radius of
3,019.93 feet, an arc distance of 631.8 feet; thence South 0 degrees 01 minutes 20 seconds
East 2,142.49 feet, more or less, to a meander corner on the Northerly or left bank of
Missouri River as located on May 21, 1965, the date of the Certificate of Survey made by
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Robert L. Buford, Land Surveyor, as Job No. P-8037, thence (Southwesterly)upstream
meandering said River bank, but with the low water line of said River as the boundary,to a
second meander corner of said River bank,which is the point of intersection thereof with
the Southerly prolongation of the North-South center line of said Fractional Section 8, said
intersection point being 1,565.54 feet distant South 76 degrees 03 minutes 33 seconds West
from the end of the last herein above described course; thence continuing upstream
meandering said River bank, as same is located on the Certificate of Survey No. P-1224,
made by Robert L. Buford, Land Surveyor, dated April 19, 1966, revised May 25, 1966, but
with the low water line of said River as the boundary to a third meander corner on said
River bank which is the point of intersection thereof with the Southerly prolongation of the
West line of said Fractional Section 8; thence North 0 degrees 12 minutes 26 seconds West
along the Southerly prolongation of the West line of said Fractional Section Eight(frac. 8)
and the West line thereof,4,615.85 feet to its Northwest corner being also the Southwest
corner of Section Five (5); thence North 0 degrees 02 minutes 56 seconds along the West line of
said Section Five (5), 1,657.40 feet; thence South 65 degrees 56 minutes 26 seconds East
1,435.76 feet; thence North 0 degrees 03 minutes 07 seconds West 527.83 feet; thence South 65
degrees 55 minutes 20 seconds East 56.11 feet; thence Southeasterly along the are of a circular
curve to the left having a radius of 11,509.22 feet, and the last described course for its initial
tangent 736.54 feet; thence South 69 degrees 35 minutes 20 seconds East tangent to the curve in
the previous course described 2,501.85 feet to the Westerly line of the Right-of-Way Highway
U.S.No. I-635; thence South 20 degrees 22 minutes 40 seconds West 251.80 feet; thence
Southeasterly along said highway Right-of-Way line, (being the arc of a circular curve to the left
having a radius of 2,994.90 feet, the last described course for its initial tangent, and a central
angle of 4 degrees 44 minutes 42 seconds), 248.03 feet to the South line of said Section Five (5)
being also the North line of said Fractional Section Eight(frac. 8); thence North 89 degrees 20
minutes 00 seconds West along said Section line, 140.20 feet to the True Point of Beginning;
together with all accretions thereto, but subject to erosion therefrom by said Missouri River; and
ALSO EXCEPTING, therefrom land conveyed by Clyde J. Linde and Margaret Y. Linde to State
of Missouri by Deed dated December 14, 1968, for Highway designated Interstate Route No.
635. ALSO EXCEPT, that part of Fractional Section 8, Township 50, Range 33 West of the Fifth
Principal Meridian, Platte County, State of Missouri, described as follows: The West 300 feet of
said Fractional Section 8 as measured at a right angle from the West line of said Fractional
Section 8 that lies South of the Southerly line of Highway designated Interstate Route co
Number 635 as conveyed in deed dated December 14, 1968, from Clyde J. Linde and U1
Margaret Y. Linde, husband and wife to State of Missouri and lies North of the left bank of
the Missouri River. EXCEPT those part conveyed to the State of Missouri and the State of p
Missouri acting by and through the Missouri Highways and Transportation Commission by iD
Document No. 705 in Book 1074 at Page 913,Document No. 706 in Book 1074 at Page 914, and un
Document No. 707 in Book 1074 at Page 915, and except those parts lying Southward of the
Northerly line of Interstate 635, Except that part in roads,Also Except that part condemned by
the Riverside-Quindaro Bend Levee District of Platte County,Missouri as described in
instrument filed October 30, 2001 as Document No. 19451 in Book 957 at Page 142; Except that
part conveyed to Harry C. Edwards and Lucille C. Edwards by Warranty Deed filed October 4,
2007 as Document No. 15793 in Book 1111 at Page 853; Also Except that part conveyed to the
City of Riverside, Missouri by Warranty Deed filed March 3, 2009 as Document No. 002722 in
Book 1135 at Page 690.
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EXHIBIT "C"
ALLOCATION OF BENEFITS TO NEW TRACTS
Benefits percentage of
Lot Allocated to Total Benefits
Number New Tracts Based Upon
New Allocation
Lot 1 501,007.20 0.667543%
Lot 2 265,184.60 0.353332%
Lot 3 251,993.23 0.335756%
Lot 465,169.36 0.619793%
Lot 5 724,056.08 0.964734%
Lot 6 725,606.82 0.966800%
Lot 7 400,357.51 0.533437%
Lot 8 559,142.69 0.745003%
Lot 9 433,308.62 0.577341%
Lot 10 357,817.20 0.476756%
Lot 11 264,492.88 0.352411%
Lot 12 293,199.93 0.390660%
Lot 13 281,751.52 0.375406%
Lot 14 778,872.51 1.037771%
Lot 15 3,793,402.17 5.054336%
Lot 16 874,079.95 1.164626%
Lot 17 2,838,276.83 3.781726%
13,807,719.10 18.397432%
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