HomeMy WebLinkAbout2011-004 IDA Resolution Allocation Levee District Assessments IDA RESOLUTION NO. 2011-004
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 Tract
20; 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 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 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 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
b the President of the Industrial Development Authority of the City of Riverside, Missouri, the
day ofd, 2011.
Pamela J. D ata, resident
ATTEST:
Sarah Wagner, Assisjnt Secretary
Approved as to Form:
an omps , City Attorney
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Recorded in Platte County, Missouri V�'��a��,t
Recording Date/Time: 07/14/2011 at 09:14:13 AM
instr Number: 2011007787 010""
Book: 1176 Page: 219 .�``,���°•••00i Opo
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Type: DEAGMT
Fee: $42.08S
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Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Gloria Boyer,
Grantee: RIVERSIDE CITY OF Recorder of Deeds
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Title of Document: Agreement Allocating Benefits for Levee District Tax Assessments _
Relating to the Riverside Quindaro Bend Levee District of Platte County,
Missouri. CYN
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Date of Document: LkKIe- of q 2011 c 1p
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Grantor: The Industrial Development Authority of _.
the City of Riverside,Missouri
Address: 2950 NW Vivion Road
Riverside, MO 64150
Grantee: 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
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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 JUnL PA , 2011 between THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, NHSSOURI, a
Missouri corporation ("Grantor"), having an address of 2950 NW Vivion Road, Riverside, MO
64150 and the CITY OF RIVERSIDE, NHSSOURI, a municipal corporation ("Grantee"),
having an address of 2950 NW Vivion Road, Riverside,MO 64150.
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$1,505,373 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tract 20, Tax Parcel No. 23-3.0-06-000-000-092-000 ("Original
Tract"), which equaled a percentage of the Levee District annual benefit assessments allocated to
the Original Tract of 2.005762%; and
Whereas, the Original Tract has been subdivided or split into two or more parcels ("New
Tracts"); and x
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 -+J
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Whereas, the parties desire that the Benefits of the Original Tract be allocated between c10i
the New Tracts as set forth in this Agreement; O
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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 Tract. The parties represent and warrant that the
legal description for the Original Tract is as follows:
See Exhibit A, attached.
2. Leeal Description of New Tracts. The Original Tract was divided by Grantor
into two separate tracts (the "New Tracts"), legally described in Exhibit `B" attached hereto and
incorporated herein by reference.
3. Allocation of Benefits. The parties hereby irrevocably agree that the Benefits
shall be allocated from the Original Tract between the New Tracts as follows:
New Tract #20-1: $683,047 (45.4% of Original Tract 20 resulting in a total % of the
Levee District annual benefit assessments of 0.910093%allocated to New Tract#20-1)
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New Tract # 20-2: $429,407 (28.5% of Original Tract 20 resulting in a total % of the
Levee District annual benefit assessment of 0.572143%allocated to New Tract#20-2)
New Tract # 20-3: $392,919 (26.1% of Original Tract 20 resulting in a total % of the
Levee District annual benefit assessment of 0.523526% allocated to New Tract#20-3)
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 Grantor and Grantee and has
the power and authority to legally bind the respective Grantor and Grantee 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 Grantor. oA
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 Cn
beneficiary of this Agreement and may irrevocably rely upon the terms and provisions of this 'n
Agreement. O
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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 fust above written.
The Industrial Development Authority
Of the City of Riverside,Missouri, Grantor City of Riverside, Grantee
By: C//ff?�� o` By:
Name: ?a me-1c, Name: Kathleen L. Rose
Title: President Title: Mayor
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STATE OF MISSOURI )
ss.
COUNTY OF PLATTE )
On this a2:+day of 2011, before me appeared Kathleen L. Rose to
me personally known,who, behYg 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.
Notary'Public
My Commission Expires: 8 �D/S
ROBIN L.LITTRELL
Notary Public-Notary Sal
State of Missouri.Ray county
Commission•11380631 "J
My Commission Expires Mar B,2015 Q1
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STATE OF MISSOURI )
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ss.
COUNTY OF PLATTE ) tp
On this IcIll' day of ,� 2011, before me appeared Pamela J. Darata to
me personally known, who, beir&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
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
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 fust above written.
No Public
My Commission Expires: /y�y�
ROBIN L.LITTRELL
Notary Public-Notary Seal
State of Missouri,Ray county
Commission#11390631
My Commission Expires Mar 6,2015
4
E3[IIIBIT "A"
LEGAL DESCRIPTION OF ORIGINAL BENEFIT ASSESSMENT TRACT
Original Assessment Tract#20:
LOCATION: SEI/4, FRACTIONAL SECTION 6,T50N, R33W,
PARCEL ID#: 23-3.0-06-000-000-092-000
ALL OF LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS-—DECEASED,
A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI,
ACCORDING TO THE RECORDED PLAT THEREOF AND LOCATED IN THE SOUTHEAST QUARTER
OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST.
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EXHIBIT "B"
LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS
New Assessment Tract#20-1 (+/-14.74 acres):
A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE
ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI,ACCORDING TO THE RECORDED PLATTHEREOF,AND LOCATED IN THE
SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST,
BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE
SYSTEM, 1983, WEST ZONE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
FRACTIONAL SECTION 6,T50N, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX,
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89'23'44"W
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF
GEORGE ROBERTS"-DECEASED;THENCE N00"16'14"E ALONG THE WEST LINE OF SAID LOT 3,
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF
777.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING N00°16'14"E ALONG SAID
WEST LINE OF LOT 3, A DISTANCE OF 1210.00 FEET, THENCE S89"23'44"E,A DISTANCE OF x
531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE
ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE S00'22 50 W ALONG SAID EAST LINE
OF LOT 3,A DISTANCE OF 1209.99 FEET;THENCE N89-23'44"W, A DISTANCE OF 529.44 FEET O1
TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET,AS -,a
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE c
"ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT,TO BE USED N
FOR ROADWAY PURPOSES. THE TRACT DESCRIBED ABOVE, EXCLUDING THE WEST 20.00
FEET OF EXCEPTION, CONTAINS 617,817 SQUARE FEET OR 14.1831 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
New Assessment Tract#20-2 (+/-9.65 acres):
ALL THAT PART OF LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS",
DECEASED, LYING NORTH OF THE FOLLOWING DESCRIBED TRACT:
A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE
ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI, ACCORDING TO THE RECORDED PLATTHEREOF,AND LOCATED IN THE
SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 50 NORTH, RANGE 33 WEST,
BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE
SYSTEM, 1983, WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
FRACTIONAL SECTION 6,T50N, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX,
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N89'23'44"W
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF
6
GEORGE ROBERTS"-DECEASED; THENCE N00"16'14"E ALONG THE WEST LINE OF SAID LOT 3,
PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF
777.66 FEETTO THE POINT OF BEGINNING;THENCE CONTINUING N00"16'14"E ALONG SAID
WEST LINE OF LOT 3, A DISTANCE OF 1210.00 FEET;THENCE 589'23'44"E,A DISTANCE OF
531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE
"ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE 500'22'50"W ALONG SAID EAST LINE
OF LOT 3,A DISTANCE OF 1209.99 FEET;THENCE N89'23'44"W, A DISTANCE OF 529.44 FEET
TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET,AS
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE
ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT,TO BE USED
FOR ROADWAY PURPOSES. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
New Assessment Tract#20-3 (+/-8.22 acres):
ALL THAT PART OF LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS-,
DECEASED, LYING SOUTH OF THE RIGHT OF WAY OF NE 41'STREET AND THE FOLLOWING
DESCRIBED TRACT:
A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE
ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI,ACCORDING TO THE RECORDED PLATTHEREOF,AND LOCATED IN THE
SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,TOWNSHIP 50 NORTH, RANGE 33 WEST, rn
BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE x
SYSTEM, 1983, WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
FRACTIONAL SECTION 6,T50N, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX, ON
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;THENCE N89'23'44"W -�
ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF
GEORGE ROBERTS"-DECEASED;THENCE N00`16'14"E ALONG THE WEST LINE OF SAID LOT 3,
PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF
777.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING N00"16'14"E ALONG SAID
WEST LINE OF LOT 3,A DISTANCE OF 1210.00 FEET; THENCE S891*23'44"E,A DISTANCE OF
531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE
"ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE S00'22'50"W ALONG SAID EAST LINE
OF LOT 3,A DISTANCE OF 1209.99 FEET; THENCE N89"23'44"W,A DISTANCE OF 529.44 FEET
TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET, AS
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE
ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT,TO BE USED
FOR ROADWAY PURPOSES. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
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