HomeMy WebLinkAbout2012-009 IDA Resolution Allocation of Levee District Assessments Lot 13 Horizons East First Plat IDA RESOLUTION NO. 2012- 009
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS ATTRIBUTABLE TO LOT 13 RIVERSIDE HORIZONS EAST
FIRST PLAT 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, said Tracts were subdivided by the IDA pursuant to a plat titled 'Riverside
Horizons East First Plat" and filed of record with the Platte County, Missouri Recorder of
Deeds as Instrument No. 2012003467 in Plat Book 21 at Page 10; and
WHEREAS, an Allocation of Benefits for Levee District Assessments Relating to the
Riverside Quindaro Bend Levee District of Platte County, Missouri was made allocating the
benefits from said Tracts among the lots created by Riverside Horizons East First Plat, which
Allocation was filed of record with the Platte County, Missouri Recorder of Deeds and
recorded as Instrument Number 2012002130 in Book 1185 at Page 950; and
WHEREAS, the Authority desires to further subdivide the Property and has authorized
the Replat of Lot 13 of Riverside Horizons East First Plat; and
WHEREAS, it is necessary to allocate the benefits afforded by the by the Levee
District and assessments previously allocated to Lot 13 of Riverside Horizons East First Plat
among the lots created in the Replat of Lot 13 of Riverside Horizons East First Plat and the
Board of Directors finds it to be in the best interest of the Authority to allocate the benefits
pursuant to the Declaration 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 on behalf of the Authority 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 AD PTED by Th g Industrial Development Authority of the City of
Riverside, Missouri, the day of 2012.
2012.
Pamela J. Dar a, President
ATTEST:
Sarah Wagner, Assistaf Secretary
Recorded in Platte County, Missouri
Recording Date/Time: 04/18/2012 at 09:22:25 AM
Instr Number: 2012005463 OPER OFF
Book: 1189 Page: 277
Type: DE LEVY
Pages: 4 =�:• :�'
Fee: $33.00 S
III IIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III �.��l;NT';,�,y ``
Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Gloria Boyer,
Grantee: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Recorder of Deeds
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: ; ,2012
Grantor: The Industrial Development Authority of Co
the City of Riverside,Missouri _
Address: 2950 NW Vivion Road
Riverside,MO 64150 co
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Grantee: The Industrial Development Authority of
the City of Riverside,Missouri 0
Address: 2950 NW Vivion Road N
Riverside,MO 64150 v
v
Legal Description: Lots 1 and 2 of the Replat of Lot 13,Riverside Horizons East First
Plat
RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE
✓ City of Riverside
Attn: Sarah Wagner
2950 NW Vivion Road
Riverside,MO 64150
(816)741-3993
I
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 0\ 2012 by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI, a Missouri corporation ("Declarant"), having an
address of 2950 NW Vivion Road, Riverside,MO 64150.
Whereas,the Declarant previously platted certain property located within the boundaries
of the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District')as
Riverside Horizons East First Plat and at such time made an Allocation of Benefits for Levee
District Tax Assessments related to such property; and
Whereas,the Declarant desires to replat Lot 13 of Riverside Horizons East First Plat into
two separate lots; and
Whereas,the property consists of 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 owner(s)of the property(the `Benefits"); and
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Whereas,the Levee District assesses annual debt service, maintenance and other taxes x
based upon the Benefits allocated against each tract of land; and
00
Whereas,the Declarant desires to designate and further define the Benefits currently
assessed against the property generally designated as Lot 13, Riverside Horizons East First Plat G-�
("Current Assessment Tract'), along with such Benefits in the amount of$281,751.5159 which O
equals a percentage of the Levee District annual benefit assessments allocated to said Lot 13 as fV
0.375406269%; and v
Whereas, the Declarant desires to designate and further define the allocation of the
Benefits of the Current Assessment Tract according to the Replat of Lot 13 Riverside Horizons
East First Plat set forth in Paragraph 2 of this Declaration ("New Assessment Tracts");
NOW THEREFORE, in consideration of the covenants and premises contained in this
Declaration, the Declarant states as follows:
1. Legal Description of Current Assessment Tract. The Declarant represents that
the legal description for the Current Assessment Tract is as follows:
Current Assessment Tract Lot 13: Lot 13, Riverside Horizons East First Plat, a
subdivision of the City of Riverside,Platte County, Missouri.
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2. Legal Description of New Assessment Tracts. The Current Assessment Tract
has been platted by Declarant as part of Riverside Horizons East First Plat with Lot 13 thereof
being further replatted in two separate lots pursuant to the plat titled"Replat of Lot 13 Riverside
Horizons East First Plat". Declarant represents that the legal descriptions for the New
Assessment Tracts are as follows:
New Assessment Tract Lot 13-1: Lot 1, Replat of Lot 13, Riverside Horizons East First
Plat, a subdivision of the City of Riverside, Platte County,Missouri; and
New Assessment Tract Lot 13-2: Lot 2,Replat of Lot 13,Riverside Horizons East First
Plat,a subdivision of the City of Riverside, Platte County,Missouri.
3. Allocation of Benefits. The Declarant hereby states that the Benefits shall be
transferred and allocated from the Current Assessment Tract into the New Assessment Tract as
follows:
FROM:
Current Assessment Tract#Lot13
Benefits Allocated-$281,751.5159
Percentage of Benefits Allocated—0.375406269%
TO: W
New Assessment Tract#Lot 13-1:
Benefits Allocated—$161,184.6310
Percentage of Benefits Allocated—0.214763717% c0
ko
New Assessment Tract#Lot 13-2:
Benefits Allocated- $120,566.8849 C=)
Percentage of Benefits Allocated -0.160643552% J
4. Runnin¢with the Land. The provisions of this Declaration shall be perpetual v
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. Recording. 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 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 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
herein.
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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 record and a fully executed and recorded copy of each and every amendment
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 year.
IN WITNESS WHEREOF,this Declaration has been executed by the duly authorized
representative of Declarant as of the date first above written.
The Industrial Development Authority
Of the 'ty of Riverside,Missouri,Declarant
By:m
Nae: Pamela J. arata
Title: President
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STATE OF MISSOURI x
ss. —'
COUNTY OF PLATTE
co
On this 'L day of , 2012, before me appeared Pamela J. Darata to
me personally known,who, being by me duly sworn, did say that he/she is the President of The
Industrial Development Authority of the City of Riverside,Missouri a corporation O
incorporated in the State of Missouri, and that said instrument was signed on behalf of said N
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. �t
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: t4nje4:\\Ve� \'t.` 25��5 °N IWAGN",,,
putii!?
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