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HomeMy WebLinkAbout2011-005 IDA Resolution Allocation of Benefits Lot 1 Argo Innovation Park IDA RESOLUTION NO. 2011-005 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS ATTRIBUTABLE TO LOT 1 OF ARGO INNOVATION PARK TOGETHER WITH THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri ("Authority") and the City of Riverside have an ownership interest in 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 Authority and the City desire to subdivide and consolidate various tracts of property owned by the parties within the Levee District into Lot 1 of Argo Innovation Park Final Plat; and i WHEREAS, as a result of such subdivision and consolidation it is necessary to allocate the benefits afforded by the by the Levee District and assessments among the various new parcels and the Board of Aldermen finds it to be in the best interest of the City to establish such assessments 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, and 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; FURTHER THAT any actions taken prior to the date of adoption of this Resolution are hereby ratified and confirmed. PASSED AND ADOPTED by the Industrial Development Authority and APPROVED by the President of 1he Indu trial Development Authority of the City of Riverside, Missouri, the lk'�- day of l IS2011. Clri� d6u�— Pa'mela J. Darata, re ident ATTEST: '52Z4 Sarah Wagner, AssAtant Secretary COPY Recorded in Platte County, Missouri Recording Date/Time: 08/02/2011 at 09:50:59 AM Instr Number: 2011008565 ,,oQOEn O" Book: 1176 Page: 991 �� • "" FFe Type: OTAGMT :e;' ,m- Pages: 7 Fee: $42.00 S �� .. .....•�90: III IN IIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '�� °�UNTr„�,1 ` Grantor: RIVERSIDE CITY OF Gloria Boyer, Grantee: RIVERSIDE CITY 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: Su 19:11: , 2011 W Grantor: City of Riverside and The Industrial Development Authority of the City of Riverside, -.t Missouri rn Address: 2950 NW Vivion Road c�-a Riverside, MO 64150 Grantee: City of Riverside and The Industrial Development Authority of the City of Riverside, Missouri Address: 2950 NW Vivion Road Riverside, MO 64150 Legal Description: Lot 1, Argo Innovation Park RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE City of Riverside Attn: Sarah Wagner 2950 NW Vivion Road Riverside,MO 64150 (816)741-3993 1 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 Sul -Ea , 2011 by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CI�RIVERSIDE, MISSOURI, a Missouri corporation, and THE CITY OF RIVERSIDE, MISSOURI, a municipal corporation (collectively, "Declarant'), having an address of 2950 NW Vivion Road, Riverside, MO 64150. Whereas, the Declarant desires to plat certain property located within the boundaries of the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District'); and Whereas, the property consists of the whole or part of various original 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 of the property (the "Benefits"); and Whereas, the Declarant desires to consolidate the Benefits currently assessed against the esu property generally designated as Tracts 20-2, 22-1, and 23-3, and legally described in Exhibit "A" ("Current Assessment Tracts"), along with the Benefits in the amount of $429,407, $292,258, and $118,421 ("Benefits"), respectively, which equaled a percentage of the Levee �1 District annual benefit assessments allocated to such tracts as 0.572143%, 0.389405%, and Cn 0.157784%, respectively; and O Whereas, the Levee District assesses annual debt service, maintenance and other taxes 00 based upon the benefits allocated against each tract of land; and Whereas, the Declarant desires to designate the allocation of the Benefits of the consolidated tract according to the recorded plat of Argo Innovation Park as set forth in this Declaration("New Assessment Tract'); NOW THEREFORE, in consideration of the covenants and premises contained in this Declaration, the Declarant states as follows: 1. Legal Description of Current Assessment Tracts. The Declarant represents that the legal descriptions for the Current Assessment Tracts is as follows: See Exhibit "A", attached hereto and incorporated herein by reference. 2. Legal Description of New Assessment Tract. The Current Assessment Tracts have been consolidated and platted by Declarant as a part of Argo Innovation Park Plat, a 2 subdivision of the City of Riverside, Platte County, Missouri, Lot 1 of which is owned by Declarant and legally described as: Lot 1 of the Final Plat of Argo Innovation Park, a subdivision in the City of Riverside, Platte County, Missouri the ("New Assessment Tract"). 3. Allocation of Benefits. The Declarant hereby states that the Benefits shall be consolidated from the Current Assessment Tracts into the New Assessment Tract as follows: New Assessment Tract #Argo 1: $840,086 (resulting in a total % of the Levee District annual benefit assessments of 1.119332% allocated to New Assessment Tract#Argo 1) 4. Runnin¢ 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 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 -_ i Platte County Recorder of Deeds and that a copy of such recorded document shall be provided to rn the Levee District by Declarant. CD 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. 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. 3 IN WITNESS WHEREOF, this Declaration has been executed by the duly authorized representatives of Declarant as of the date first above written. The Industrial Development Authority Of the City of Riverside,Missouri, Declarant City of Riverside, Declarant By:� By: (M/ Name: Pamela J ar to Name: Kathleen L. Rose Title: President Title: Mayor w TT V _O G7 Q ko W 4 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this AJ'2�day of SuA 2011, before me appeared Kathleen L. Rose to me personally known, who, being by nie 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. Notaiy Public My Commission Expires: zo i NOUN L.LrtTMLL Notary PelNa-Nohry Sal Stab of MnooN.My Cwft Comm Osla/11390531 My Coission ee MK S.2015 W mm STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) 0 On this V`11 day of 2011, before me appeared Pamela J. Darata to %.0 me personally known, who, beingCy -me duly worn, 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 first above written. Not Public M Commission Expires: w��ga Y P � Npverbec \31ZG\\ • • •���R�% •NaT�Nv s�9 4y� ��j�OF MiS `p SARAHWAGNER PLATTE 5 W COW6misdw EXHIBIT "A" LEGAL DESCRIPTION OF CURRENT ASSESSMENT TRACTS Current 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 GEORGE ROBERTS"-DECEASED;THENCE N00"16'14"E ALONG THE WEST LINE OF SAID LOT 3, m PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED, A DISTANCE OF 777.66 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NOO"16'14"E ALONG SAID WEST LINE OF LOT 3, A DISTANCE OF 1210.00 FEET;THENCE S89°23'44"E,A DISTANCE OF -Ij 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE cri "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 C) tD TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET, AS to 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. Current Assessment Tract#22-1 (+/-3.65 acres): The west 3.65 acres of the following described tract: All that part of Lots 4 and 5 of the Plat of the Partition of the Estate of George Roberts, Deceased, in the Southeast Quarter of Section 6, Township 50, Range 33, described as follows: Beginning at a point in the East line and 1775.8 feet North of the Southeast corner of said Section 6;thence North along the East line of said Section, 410 feet to the Southerly line of the right of way of the Kansas City, St. Joseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company; thence Northwesterly along the Southerly line of said right of way, 1164.74 feet to the West 6 line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, at a point 2659.2 feet North of the South line of said Section 6, thence South along the West line of said Lot 4, 410.48 feet;thence Southeasterly and parallel to the Southerly line of said right of way, 1153.55 feet, to the point of beginning, all in Riverside, Platte County, Missouri. Current Assessment Tract#23-3 (+/- 1.55 acres): The north 1.55 acres of the west 3.66 acres of the following described tract: All that part of Lots 4 and 5 of the Plat of the Partition of the Estate of George Roberts, Deceased, in the Southeast Quarter of Section 6, Township 50, Range 33, all in Riverside, Platte County, Missouri, described as follows: Beginning at a point in the East line and 1365.4 feet North of the Southeast corner of said Section 6; thence North along the East line of said Section, 410.4 feet; thence Northwesterly and parallel to the Southerly line of the right of way of the Kansas City, Saint Joseph and Council Bluffs (now Chicago, Burlington and Quincy) Railroad Company, 1163.55 feet to a point in the West line of Lot 4 of the Plat of the Partition of the Estate of George Roberts, Deceased, 2248.72 feet North of the South line of said Section; thence South along the West line of said Lot 4, 410.9 feet; thence Southeasterly and parallel to the Southerly line of said right of way, 1162.35 feet to the point of beginning, EXCEPT THE EAST THREE ACRES, more or less. m x J CTI G7 O lD �D 7