HomeMy WebLinkAbout2013-005 IDA Resolution Allocation Levee Assessments Riverside Horizons West First Plat IDA RESOLUTION NO.2013-005
IDA
RESOLUTION NO. 2013-005
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO (RIVERSIDE
HORIZONS WEST FIRST PLAT)
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") and Horizons West Land, LLC ("West Land") each own certain property
("Property") in the Horizons development area that was originally assessed by the Riverside-
Quindaro Bend Levee District ("Levee District") as set forth in Exhibit"A"; and
WHEREAS, 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 Directors finds it to be in the best interest
of the Authority to allocate the benefits as set forth in Exhibit"B" 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 Agreement
Allocating 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 West Land in substantially the same form as attached
hereto as Exhibit "B", 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(Xe President of th Industrial Development Authority of the City of Riverside, Missouri, the
day of AQ<�' 2013.
i
Leland Finley, President
ATTEST:
arah Wagn ssl Secretary
it
Recorded in Platte County, Missouri
Recording Date/Time: 04/1212013 at 09:35:45 AM
Instr Number: 2013005620
,of. OR�� -
Book: 1209 Page: 349 .%��: ' :Fo
Type: DE AGMT
Pages: 11 = ;�
Fee: $54.00 S ��C puNrv.��y�`
III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ...i � ' ,``
Grantor: INOU3TRIAL DEVELOPMENT AUTHORITY OF... Gloria Boyer,
Grantee: NONE Recorder of Deeds
Title of Document: Agreement Allocating Benefits for Levee District Tax Assessments
Relating to the Riverside Quindaro Bend Levee District of Platte County,
Missouri.
Date of Document: '\q 2013
1
IDA: The Industrial Development Authority of
the City of Riverside,Missouri
Address: 2950 NW Vivion Road
Riverside, MO 64150
West Land: City of Riverside
Address: 2950 NW Vivion Road
Riverside, MO 64150
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
�.1,flc'.zoc� Weser � u-.0
Br.cD, k 1209 F'.L g e 349
AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX
ASSESSMENTS RELATING TO
THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY,MISSOURI
This Agreement is made as of hoc\ Cl , , 2013 between THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a
Missouri corporation ("IDA"), having an address of 2950 NW Vivion Road, Riverside, MO
64150 and HORIZONS WEST LAND, LLC, a Missouri limited liability company ("West
Land"), having an address of 6300 NW Revere—Suite 225, Kansas City, MO 64151.
Whereas, 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 (the "Court"), benefits in the amount of$5,157,528 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tax Parcel Nos. 23-3.0-06-000-000-094-000, 23-3.0-06-000-000-
102-000 and 23-3.0-07-000-000-012-000, legally described in Exhibit A ("Original Tracts"); 23-
3.0-07-000-000-018-000, 23-3.0-06-000-000-107-000, 23-3.0-07-000-000-011-000 and that
portion of Tax Parcel No. 23-3.0-07-000-000-010-000 legally described in Exhibit A ("Right of
Way Tracts"); and the remaining portion of Tax Parcel No. 23-3.0-07-000-000-010-000 legally
described in Exhibit A ("Remainder Tract"), which together equaled a percentage of the Levee
District annual benefit assessments allocated to the Original Tracts, Right of Way Tracts and
Remainder Tract of 6.8719%; and
Whereas, the Original Tracts and Right of Way Tracts have been subdivided or split into
two or more parcels in accordance with the Riverside Horizons West First Plat ("New Tracts");
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 and Right of Way
Tracts be allocated between the New Tracts as set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and premises contained
in this Agreement, and other good and valuable consideration acknowledged by the parties, the
parties agree as follows:
1. Legal Description of Original Tracts. The parties represent and warrant that the
legal description for the Original Tracts is as follows:
See Exhibit "A", attached.
2. Legal Description of New Tracts. The Original Tracts and the Right of Way
Tracts were divided by the IDA and West Land into the New Tracts in accordance with the
Riverside Horizons West First Plat, and the Remainder Tract was not included in such plat, all
are legally described in Exhibit "B"attached hereto and incorporated herein by reference.
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3. Allocation of Benefits.
3.1 New Tracts. The parties hereby irrevocably agree that the Benefits shall be
allocated from the Original Tracts and the Right of Way Tracts between the New Tracts as
follows:
New Lot#1: $407,787 (11.71% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessments of 0.5433% allocated to New Lot 1).
New Lot#2: $368,897 (10.59% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.4915%allocated to New Lot 2).
New Lot #3: $1,211,695 (34.78% of the Original Tracts resulting in a total % of the
Levee District annual benefit assessment of 1.6145% allocated to New Lot 3).
New Lot#4: $902,798 (25.92% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.2029%allocated to New Lot 4).
New Lot#5: $592,236 (17.00% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.7891%allocated to New Lot 5).
New Tract #A: $0.00 (0.000% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.0000%allocated to New Tract A),
New Tract #B: $0.00 (0.000% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.0000%allocated to New Tract B).
3.2 Remainder Tract. The parties hereby irrevocably agree that the Benefits shall be
allocated to the Remainder Tract as follows:
Remainder Tracts #31 and 43 — Parcel III: $1,674,115 (0.000% of the Original Tracts
resulting in a total % of the Levee District annual benefit assessment of 2.2306%
allocated to Tracts 31 and 43 —Parcel III).
4. Running with the Land. The 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 all 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 IDA and West Land and has
the power and authority to legally bind the respective IDA and West Land as set forth herein.
6. Recording. 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 IDA.
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B-D-=1 k 1209 Pa-- g e 349
7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to
rely upon this Agreement 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 terms and provisions of this
Agreement.
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
executed and recorded copy of each and every amendment must be provided to the Levee
District as required for this Agreement 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 Agreement has been executed by the duly authorized
representatives of the parties as of the date first above written.
THE INDUSTRIAL DEVELOPMENT HORIZONS WEST LAND, LLC, a
AUTHORITY OF THE CITY OF Missouri limited liability company
RIVERSIDE, MISSOURI
By:
NORTHPOINT DEVELOPMENT,LLC,
a Missouri limited liability company
By:
NORTHPOINT HOLDINGS, LLC, a
Missouri limited liability company
By: By:
Name: Leland Finley Name: Nathaniel Ha edo n
Title: President Title: Manager
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STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE
(() )
On this 'V day of 2013, before me appeared Nathaniel
Hagedorn to me personally known, Mo, being by me duly swom, did say that he is the
Manager of NorthPoint Holdings, LLC, a Missouri limited liability company, and that said
instrument was signed on behalf of said company, by authority of its members; and he
acknowledged said instrument to be the free act and deed of said company.
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.
0o``PN IW A.G
F
.`�Pt' ••'iq Pus;".
o P)�hc
Can plat°county..
My Commission Expires: s
qrf OF oxS
ion CAP'
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE )
On this 0
A_ day of 2013, before me appeared Leland Finley to me
personally known, who, being by me duly sworn, did say that he is the President of The
Industrial Development Authority of the City of Riverside, Missouri a corporation
incorporated in the State of Missouri, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that he acknowledged said instrument to
be the free act and deed of said corporation.
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.
vi, WAG
66j�•'a
= PIa1leCounty
'�cpglgOe M;SCO 0°� Not ublic
My Commission Expir°ej$"E'P"
5
E:oo k 1209 P-9- .a e 34•x'
EXHIBIT "A"
LEGAL DESCRIPTION OF ORIGINAL BENEFIT ASSESSMENT TRACTS
ORIGINAL TRACTS
TRACT L•
The Southeast Quarter of the Southwest Quarter of Section 6, Township 50 North, Range 33
West, Riverside, Platte County,Missouri.
TRACT V.
That part of Lots 1 and 2 of the Partition Plat of the George Roberts Estate, located in the East
Half of Section 6, Township 50 North, Range 33 West, Riverside, Platte County, Missouri,
bounded as follows: Beginning at the Southwest corner of said Lot 1 and running thence North
along the West line of said Lot 1, 1428.7 feet, thence East in a line parallel to the South line of
said Section 6, 1024.4 feet to the East line of said Lot 2; thence South along the East line of said
Lot 2, 1428.7 feet to the Southeast corner of said Lot 2; thence West along the South line of said
Lots 1 and 2, the same being also the South line of said Section 6, 1019.7 feet to the Point of
Beginning, EXCEPT the South 677.84 feet of said Lots 1 and 2, the Partition Plat of the George
Roberts Estate. ALL EXCEPT that portion of the above described tract which was conveyed to
the Riverside—Quindaro Bend Levee District of Platte County, Missouri for roadway purposes.
ALSO 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. 2012007768 IN BOOK 1191 AT PAGE
579:
All that part of 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 989.93 feet to a point on the Southerly
prolongation of the West right of way 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
677.77 feet to the POINT OF BEGINNING; thence North 89 degrees 25 minutes 07 seconds
West a distance of 54.46 feet to a point; thence North 0 degrees 33 minutes 14 seconds West a
distance of 99.86 feet to a point; thence South 89 degrees 23 minutes 59 seconds East a distance
of 42.92 feet to a point; thence North 23 degrees 42 minutes 07 seconds East a distance of 20.04
feet to a point; thence North 0 degrees 15 minutes 59 seconds East a distance of 569.54 feet to a
point; thence North 19 degrees 00 minutes 26 seconds West a distance of 24.49 feet to a point on
the South right of way line of 43`d Street; thence South 89 degrees 23 minutes 59 seconds East
along the South right of way line of 43`d Street a distance of 13.08 feet to a point 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 710.87 feet to the POINT OF BEGINNING
and containing 8,730 Square Feet or 0.200 Acres, more or less.
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TRACT C
Part of the Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West, in the
City of Riverside, Platte County, Missouri, described as follows:
Commencing at the Northeast corner of said Northwest Quarter; thence South 00°20'45" West,
coincident with the East line of said Northwest Quarter, 25.00 feet to the Point of Beginning;
thence continuing South 00°20'45" West, coincident with said East line, 324.77 feet; thence
departing said East line, North 89°23'44" West, parallel with the North line of said Northwest
Quarter, 1,408.32 feet to a point on the East line of the Levee right-of-way line as recorded as
Document No. 19451, in Book 957, Page 142, by the Platte County Recorder of Deeds; thence
North 02°14'31" West, coincident with said East right-of-way line, 111.13 feet; thence North
00°51'31" East, continuing along said East right-of-way line, 238.68 feet to a point on the North
line of said Northwest Quarter; thence South 89°23'44" East, coincident with said North line,
1,352.50 feet to a point 50.00 feet West of the Northeast corner thereof; thence departing said
North line, South 00°20'45" West, parallel with the East line of said Northwest Quarter, 25.00
feet; thence South 89°23'44" East, parallel the North line of said Northwest Quarter, 50.00 feet to
the Point of Beginning.
RIGHT OF WAY TRACTS
TRACT IT
A tract of ground 25 feet in width described as follows: Commencing at the Northwest corner of
the Northeast Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet;
thence East along a line parallel to the North line of said Section 7 to the West right of way line
of Mattox Road; thence North along the West right of way line of Mattox Road to the North line
of Section 7; thence West along the North line of said Section 7 to the Point of Beginning.
TRACT III.
A tract of ground 25 feet in width described as follows: Commencing at the Southwest corner of
the Southeast Quarter of Section 6, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri,thence East along the South line of Lots 1 and 2 of Partition Plat of the George
Roberts Estate (located in the East '/z of Section 6, Township 50 North, Range 33 West) to the
Southeast comer of Lot 2 of said Partition Plat of George Roberts Estate, said point being the
right of way of Mattox Road; thence North along the East line of said Lot 2 of the Partition Plat
of the George Roberts Estate, 25 feet; thence West along a line parallel to the South lines of said
Lots 1 and 2 of the Partition Plat of the George Roberts Estate (which said South line runs along
the South line of Section 6) to the West line of Lot 1 of said Partition Plat of the George Roberts
Estate (which said West line runs along the North-South centerline of Section 6) thence South
along the West line of said Lot 1 of the Partition Plat of the George Roberts Estate to the Point of
Beginning.
TRACT IV:
A tract of ground 25 feet in width described as follows: Commencing at the Northeast comer of
the Northwest Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet;
thence West along a line parallel to the North line of said Section 7, a distance of 50 feet; thence
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BO-J k 1209 Pa. Q C '`.-til
North along a line parallel to the centerline of said Section 7 to the North line of said Section 7,
thence East along the North line of said Section 7 to the Point of Beginning.
TRACT B
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter corner of said Section 7; thence
coincident with the North line of said Northeast Quarter, South 89°24'06" East, 30.00 feet;
thence departing said North line, and parallel with the West line of said Northeast Quarter, South
00°20'28" West, 25.00 feet to the Point of Beginning; thence parallel with the North line of said
Northeast Quarter, South 89°24'06" East, 974.54 feet; thence South 00°32'18" West, 143.00 feet;
thence parallel with the North line of said Northeast Quarter,North 89°24'06" West, 974.04 feet;
thence parallel with the West line of said Northeast Quarter,North 00°20'28" East, 143.00 feet to
the Point of Beginning, containing 139,324 square feet, or 3.198 acres,more or less.
TRACT X
Beginning at the Northwest corner of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 30 feet; thence departing said North line,
South 00°20'28" West, 349.77 feet; thence parallel with the North line of said Northeast Quarter,
North 89°24'06" West, 30.03 feet to a point on the West line of said Northeast Quarter; thence
coincident with said West line,North 00°20'28" East, 349.77 feet to the Point of Beginning,
containing 10,493 square feet, or 0.241 acres, more or less.
REMAINDER TRACT
TRACTS 31 AND 43-PARCEL III
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, in
the City of Riverside, Platte County, Missouri being described as follows: Beginning at the
Northwest corner of the of the Northeast Quarter of said Section 7; Thence South 87° 23' 44"
East, along the North line of said Northeast Quarter 1,302.06 feet to the Northeast corner of said
Northwest Quarter; thence South 0° 20' 12"West, along the East line of said Northwest Quarter,
1,315.99 feet to the Southeast corner of said Northwest Quarter; thence North 89° 24' 18" West,
along the South line of said Northwest Quarter, 1,0302.27 feet to the Southwest corner of said
Northwest Quarter; thence North 0° 20' 45" East, along the West line of said Northeast Quarter,
1,316.20 feet to the Point of Beginning. Containing 39.34 acres, more or less.
EXCEPT:
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northwest comer of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 1004.62 feet; thence departing said North
line, South 00°32'18" West, 168.00 feet; thence parallel with the North line of said Northeast
Quarter,North 89°24'06" West, 974.04 feet; thence parallel with the West line of said Northeast
Quarter, South 00°20'28" West, 181.77 feet; thence parallel with the North line of said Northeast
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Quarter,North 89024'06" West, 30.03 feet to a point on the West line of said Northeast Quarter;
thence coincident with said West line,North 00°20'28" East, 349.77 feet to the Point of
Beginning, containing 174,187 square feet, or 3.999 acres, more or less.
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EXHIBIT "B"
LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS
NEW TRACTS
LOT]
Lot 1 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT2
Lot 2 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOTS
Lot 3 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT4
Lot 4 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT
Lot 5 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
TRACT A
Tract A of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside,
Platte County, Missouri.
TRACT B
Tract B of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside,
Platte County, Missouri.
REMAINDER TRACT
TRACTS 31 AND 43-PARCEL III
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, in
the City of Riverside, Platte County,Missouri being described as follows: Beginning at the
Northwest corner of the of the Northeast Quarter of said Section 7; Thence South 87° 23' 44"
East, along the North line of said Northeast Quarter 1,302.06 feet to the Northeast corner of said
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Northwest Quarter; thence South 0° 20' 12" West, along the East line of said Northwest Quarter,
1,315.99 feet to the Southeast corner of said Northwest Quarter; thence North 89° 24' 18"West,
along the South line of said Northwest Quarter, 1,0302.27 feet to the Southwest corner of said
Northwest Quarter; thence North 0° 20' 45" East, along the West line of said Northeast Quarter,
1,316.20 feet to the Point of Beginning. Containing 39.34 acres, more or less.
EXCEPT:
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northwest corner of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 1004.62 feet; thence departing said North
line, South 00°32'18" West, 168.00 feet; thence parallel with the North line of said Northeast
Quarter,North 89°24'06" West, 974.04 feet; thence parallel with the West line of said Northeast
Quarter, South 00°20'28" West, 181.77 feet; thence parallel with the North line of said Northeast
Quarter,North 89°24'06" West, 30.03 feet to a point on the West line of said Northeast Quarter;
thence coincident with said West line,North 00°20'28" East, 349.77 feet to the Point of
Beginning, containing 174,187 square feet, or 3.999 acres,more or less.
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