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HomeMy WebLinkAbout2010-020-Briarcliff Hills East of Valley NIDBILL N0.2010-020 ORDINANCE N0.2010- Dad AN ORDINANCE ASSESSING THE FINAL COSTS OF THE IMPROVEMENTS FOR THE BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT; DIRECTING THE MAILING OF NOTICE OF SUCH COSTS ASSESSED AGAINST THE PARCELS OF PROPERTY DESCRIBED IN THE ASSESSMENT ROLL; AND AUTHORIZING ALL FURTHER ACTIONS NECESSARY IN CONNECTION THEREWITH. WHEREAS, the City of Riverside, Missouri (the "City), is a municipal corporation and political subdivision of the State of Missouri (the "State"), duly created, organized and existing under and by virtue of the Constitution and laws of the State; WHEREAS, a proper petition (the "Petition") was filed with the City Clerk of the City of Riverside, Missouri on June 25, 2009, pursuant to the Neighborhood Improvement District Act (the "Act"), Sections 67.453 through 67.475, inclusive, RSMo, as amended, proposing the creation of the Briarcliff Hills -East of Valley Neighborhood Improvement District (the "District") within the City to acquire, construct and improve certain public street, sidewalk, sanitary and storm improvements and the management and supervision of construction of such improvements (the "Improvements"), with the fmal cost of the Improvements to be assessed against the benefited properties based on a square foot basis, excluding public rights-of--ways; WHEREAS, the final cost of the Improvements which is assessed against the properties within the District, costs relating to the District and the amount of neighborhood improvement district obligations issued therefor may not exceed the estimated cost of constructing the Improvements by more than twenty-five percent (25%), as stated in the Petition and as limited by the Act; WHEREAS, it has been certified by the City Clerk, after an examination of the records in her office, that the Petition requesting the creation of the District was signed by the owners of record of at least two-thirds (2/3rds) by area of all real property located within the proposed District; WHEREAS, pursuant to Ordinance No. 2009-89 adopted on July 7, 2009, the City determined that it was advisable to create the District for the purpose of providing funds to pay the cost of improving, constructing and acquiring the Improvements; WHEREAS, the construction of the Improvements has been completed in accordance with the plans and specifications therefor; and WHEREAS, all legal requirements pertaining to the Improvements have been complied with, a public hearing has been held pursuant to Section 67.463, RSMo, and any amendments thereto, and the Board of Aldermen of the City has found and determined that the benefit of the Page 1 of 3 Recorded in Platte County, Missouri Recording Date/Time: 03/0312010 at 04:43:04 PM ````~GQP~gR Of ~~~^ Instr Number: 2010002484 ~~~''"""'''- Book: 1153 Page: 938 Type: DEORD `~¢~'• ~N' Pages: 15 . ~ ; :~ Fee: $63.00 E I IIII I III I II I I II II II III III IIII III II I I III ~~°~UM,r; ~~,,~'' Grantor: RIVERSIDE CITY OF Grantee: BRIARCLIFF HILLS Gloria Boyer, Recorder of Deeds PLATTE COUNTY MISSOURI CERTIFICATION RECORDER OF DEEDS EXEMPT DOCUlViENT The Recorder of Deeds has added this page to your document per compliance with State law under Exempt Status. RSMo 59.310.4 (effective January 1, 2002) Gloria Boyer Recorder of Deeds 415 Third St., Suite 70 Platte City, MO 64079 w --,~ w This Page is Part Of The Document - Do Not Detach Improvements to each parcel of property within the District exceeds the cost of the Improvements that is to be assessed against each such parcel of property, and that such assessment will result in imposing substantially equal burdens of such cost upon each of the parcels of property within the District which are similarly benefited. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. It is found and determined that the Improvements have been completed in accordance with the plans and specifications therefore; that the final costs of the Improvements, including all costs authorized by the Act, to be assessed against the properties within the District total $250,000.00; that such final costs do not exceed the estimated cost of constructing the Improvements, plus not to exceed twenty-five percent (25%) of such amount as previously approved by the Board of Aldermen; that the benefit of the Improvements to each parcel of property within the District exceeds the cost of the Improvements that is to be assessed against each such parcel of property; and that such assessment will result in imposing substantially equal burdens of such cost upon each of the parcels of property within the District which are similarly benefited. Section 2. Such final costs have been apportioned among each of the parcels of property benefited by the Improvements in accordance with the method set out in the Petition requesting the creation of the District. Such method is and has been found and determined to be an equitable method of apportioning the costs among each of the parcels of property benefited by such Improvements as authorized by Section 67.463.2, RSMo., as amended. Section 3. The assessments set forth in the final assessment roll attached as Exhibit A are hereby assessed against the properties set forth in Exhibit A and shall be due and payable, and shall bear interest from and after the Payment in Full Date as set forth herein. The City Clerk is authorized and directed to give written notice by first class mail to the owner of record of each parcel of property within the District (a) of the dollar amount of the assessment against such parcel of property and, (b) that said assessment may be paid in full within twenty-one (21) days of the date of such notice ("Payment in Full Date"). Said written notice shall be in substantially the form attached hereto as Exhibit B. The City Clerk may add such other information to such written notice as may be helpful to the property owners. Section 4. The Finance Officer shall certify for a period of twenty (20) years, all of the assessments that have not been paid in full by the Payment in Full Date, together with interest thereon at the rate of five percent (5%) per annum, and such amounts so certified shall be placed on the tax rolls and levied and collected in the same manner as property taxes of the City would be levied and collected if the City imposed a property tax. The assessment and levy for each parcel of property for each year shall include (a) interest at such rate set forth above (with such interest being calculated (i) for the first annual installment, from the Payment in Full Date to the due date of the first annual installment, and (ii) for all subsequent years, for a one year period), (b) the City's administrative fee, (c) any County fees, and (d) the principal amount of the assessment due, all calculated by the method of assessment approved by the Board. Page 2 of 3 Section 5. The special assessments made for the Improvements pursuant to the actions duly taken by the City, including this Ordinance, shall be a lien upon each of the parcels of property assessed on behalf of the City to the same extent as a tax upon real property. Section 6. This Ordinance shall take effect and be in full force from and after its adoption. ` PASSED and APPROVED this bay of March, 2010. ~. , ... , r ~ . Kathleen L. Rose, Mayor [SEAL] ... . AT'1;EST: ~=~Cob~;~~ CC~ar~t.e.P1I~ Robin Littrell, City Clerk Page 3 of 3 EXHIBIT A ASSESSMENT ROLL SEE ATTACHED NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHIiORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner s Description of Property Amount of Total Assessment BriazcliffDevelopment Company Lot 1, BriazcliffHills Second Plat, A $24,542.18 4151 N. Mulberry Dr., Suite 205 Replat of Pazt of Lots 1 thru 4 Kansas City, Missouri 64116 Briarcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the fmal costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 .,, .~ H ~ i ~ I ~ -. - - City Clerk ~- . " ., .... .',' ,. NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner(s) Description of Property Amount of Total Assessment Briarcliff Development Company Lot 4, Briazcliff Hills Second Plat, A $18,662.99 4151 N. Mulberry Dr., Suite 205 Replat of Part of Lots 1 thru 4 Kansas City, Missouri 64116 Briarcliff Hills and part of the Southwest Fractional Quazter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro ert Owners Description of Property Amount of Total Assessment Briazcliff Development Company Lot 7, Briarcliff Hills Second Plat, A $44,950.00 4151 N. Mulberry Dr., Suite 205 Replat of Part of hots 1 thru 4 Kansas City, Missouri 64116 Briazcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 a _. [SEAL] _: 4 ~ • ~ ,'\ ~- tk o,6.~... City Clerk NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT .. Names(s) and Address of Pro ert Owners Description of Property Amount of Total Assessment Briarcliff Development Company Lot 2, Briarcliff Hills Second Plat, A Replat of Part of Lots 1 $22,743.72 4151 N. Mulberry Dr., Suite 205 thru 4 Briarcliff Hills and part of the Southwest Fractional Kansas City, Missouri 64116 Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte County, Missouri; excepting all that part of Lot 2, Briarcliff Hills Second Plat, a subdivision of record in the City of Riverside, Platte County, Missouri, described as follows: Commencing at the southwest corner of said Lot 2, thence southeasterly, along the south line of said Lot 2, along a curve to the right having an initial tangent bearing of South 69 degrees OS minutes 25 seconds East, a radius of 3094.93 feet, an arc distance of 11.58 feet to the POINT OF BEGINNING of the tract of land herein and hereby described; thence continuing southeasterly, along said curve to the right, and arc distance of 17.89 feet; thence North 21 degrees 30 minutes 57 seconds East, 17.64 feet; thence North 68 degrees 29 minutes 03 seconds West, 17.89 feet; thence South 21 degrees 30 minutes 57 seconds West, 17.71 feet to the POINT OF BEGINNING. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated:. March 3, 2010 m y ~.. . ~' _ r , City Clerk '~ • [SEAIsj ., NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro erty Owner s Description of Property Amount of Total Assessment Briarcliff Development Company Lot 5, Briarcliff Hills Second Plat, A $23,509.38 4151 N. Mulberry Dr., Suite 205 Replat of Part of Lots 1 thru 4 Kansas City, Missowi 64116 Briarcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missowi. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confinned the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 ~s1Jai~ " =a:~ ~~/~ City Clerk NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner s Description of Property Amount of Total Assessment Briazcliff Development Company Lot 9, Briazcliff Hills Second Plat, A $29,989.10 4151 N. Mulberry Dr., Suite 205 Replat of Part of Lots 1 thru 4 Kansas City, Missouri 64116 Briazcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri: As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final. costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 1 `=~GOk-c.J ck~~~ City Clerk NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner s) Description of Property Amount of Total Assessment Briarcliff Development Company Lot 3, Briazcliff Hills Second Plat, A $20,177.49 4151 N. Mulbeny Dr., Suite 205 Replat of Part of Lots 1 thru 4 Kansas City, Missouri 64116 Briazcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 ~~'~~_ City Clerk ' NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner s) Description of Property Amount of Total Assessment Briarcliff Development Company Lot 6, Briarcliff Hills Second Plat, A $19,998.70 4151 N. Mulberry Dr., Suite 305 Replat of Part of Lots 1 thru 4 Kansas City, Missouri 64116 Briarcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Coun ,Missouri. As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March 3, 2010 ~ --~~ _ City Clerk NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro ert Owner s Description of Property Amount of Total Assessment Briarcliff Development Company Lot 10, Briarcliff Hills Second Plat, A $25,899.97 4151 N. Mulberry Dr., Suite 205 Replat of Part of Lots 1 thru 4 Kansas City, Missouri 64116 Briazcliff Hills and part of the Southwest Fractional Quarter of Section 3, all in Township 50 North Range 33 West, in Riverside, Platte Cozen ,Missouri. As the owner(s) of record of the parcel of property described above in the Briazcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than March 24, 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: Mazch 3, 2010 ~a~ ~fd.e.~~ City Clerk .... EXHIBIT B NOTICE OF ASSESSMENT BRIARCLIFF HILLS -EAST OF VALLEY NEIGHBORHOOD IMPROVEMENT DISTRICT Names(s) and Address of Pro a Owner s Description of Property Amount of Total Assessment As the owner(s) of record of the parcel of property described above in the Briarcliff Hills - East of Valley Neighborhood Improvement District (the "District"), you are hereby notified that the City has confirmed the final costs of the Briarcliff Hills -East of Valley Public Improvement Project (the "Improvements"), and the appropriate portion thereof has been assessed against your parcel of property. You may pay this assessment in full to the Finance Officer, City Hall, 2950 NW Vivion Road, Riverside, Missouri 64150, at any time during business hours within twenty-one (21) days from the date of this Notice. The full amount is due no later than , 2010. If the full amount is not paid within that period of time, the amount of the assessment shall be paid in twenty annual installments together with interest at five percent (5%) per annum and annual fees thereon in the same manner as taxes of the County are collected as provided by law and ordinances of the City. Dated: March , 2010 City Clerk [SEAL]