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HomeMy WebLinkAbout2011-006 IDA Resolution Allocation of Benefits Lot 5 Argo Innovation Park IDA RESOLUTION NO. 2011-006 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS ATTRIBUTABLE TO LOT 5 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") 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 Authority, along with the City of Riverside, subdivided and consolidated various tracts of property owned by them within the Levee District, including Tract 20, resulting in the creation of Argo Innovation Park Final Plat; and 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 for Lot 5 of Argo Innovation Park 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 tesident of Ihe Indu trial Development Author" fthe City of Riverside, Missouri, the day of 12011. Pamela J. Darat , President ATTEST: Sarah Wagner, Ass' a ecretary Recorded in Platte County, Missouri Recording Date/Time: 08/30/2011 at 09:35:57 AM instr Number: 2011009718 1 Ft ,oPpER Opo Book: 1178 Page: 144 Type: DT AGMT Pages: 5 Fee: $36.00 S � \ggo,` IIIIIII III IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII .�DUNTV�i 'oI 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: 2011 Grantor: The Industrial Development Authority of the City of Riverside, Missouri Address: 2950 NW Vivion Road x Riverside, MO 64150 Grantee: The Industrial Development Authority of the City of Riverside, CD J Missouri —m Address: 2950 NW Vivion Road Riverside, MO 64150 Legal Description: Lot 5, Argo Innovation Park JRETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE City of Riverside — LO Vk-�, 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 ofAJUCS ,,\ \�, , 2011 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 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 designate and further define the Benefits currently assessed against the property generally designated as Tract 20-3, and legally described in Exhibit "A" ("Current Assessment Tract'), along with the Benefits in the amount of$392,919 ("Benefits")which equals a percentage of the Levee District annual benefit assessments allocated to such tract as 0.523526%; and X. Whereas,the Levee District assesses annual debt service, maintenance and other taxes -481 based upon the benefits allocated against each tract of land; and co Whereas,the Declarant desires to designate and further define the allocation of the a Benefits of the Current Assessment Tract according to the recorded plat of Argo Innovation Park O as set forth in this Declaration("New Assessment Tract'); _ X NOW THEREFORE, in consideration of the covenants and premises contained in this .97 Declaration, the Declarant states as follows: 1. Letial Description of Current Assessment Tract. The Declarant represents that the legal descriptions for the Current Assessment Tract is as follows: See Exhibit"A", attached hereto and incorporated herein by reference. 2. Leval Description of New Assessment Tract. The Current Assessment Tract has been platted by Declarant as a part of Argo Innovation Park Plat, a subdivision of the City of 2 Riverside, Platte County, Missouri, Lot 5 of which is owned by Declarant and legally described as: Lot 5 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 transferred and allocated from the Current Assessment Tract into the New Assessment Tract as follows: New Assessment Tract#Argo 5: $392,919 (resulting in a total %of the Levee District annual benefit assessments of 0.523526%allocated to New Assessment Tract#Argo 5) 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. Recordin¢. 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. c -*a 7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to .S,z rely upon this Declaration in preparing its Tax Book and all other records for the current year —J and every year thereafter. The Declarant states that the Levee District is an intended third party CD beneficiary of this Declaration and may irrevocably rely upon the terms and provisions contained 017 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 representative of Declarant as of the date first above written. The Industrial Development Authority Of the City of Riverside, Missouri, Declarant By: / Yf ✓ Name: Pamela J. arata Title: President STATE OF MISSOURI ) ss. COUNTY OF PLATTE y) On this\—day of "/yJ , 2011, 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 cz 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. -may In Testimony Whereof, I have hereunto set my hand and affixed my official seal in the County c and State aforesaid, the day and year first above written. Notary Public out My Commission Expires:�QRNCW \3`zA\\ /�g1►Cf1111156``p� SARAN WAGNER NOZIUIN PUBLICE TATECOUOF MISSOURI PLATTY COMMISSION a 07277185 MY COMMISSION EXPIRES 1145-20n 4 EXHIBIT "A" LEGAL DESCRIPTION OF CURRENT ASSESSMENT TRACT Current 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 41ST 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 PLAT THEREOF,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 x 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 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE 00 "ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE S00"22'50"W ALONG SAID EAST LINE ;Ao OF LOT 3,A DISTANCE OF 1209.99 FEET; THENCE N89"23'44"W, A DISTANCE OF 529.44 FEET O 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. 5