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HomeMy WebLinkAbout1038 - Right-of-Way Agreement BILL NO. 2010-062 ORDINANCE NO. /Q �� AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND MAINTENANCE AGREEMENT VWITH THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI IN CONNECTION WITH THE CONSTRUCTION OF STORMWATER IMPROVEMENTS ALONG CLIFFVIEW [IRIVE, RATIFIYING AND CONFIRMING THE E)CECUTION AND DELIVERY OF SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. WHEREAS, the City has constructed a storm sewer drain pipe and related improvements along Cliffview Drive which includes an outfall structure to discharge storm water into Line Creek (hereinafter "Cliffview Drive Drain Pipe"), a portion of which is located upon, arross and within the right of way owned by the Riverside-Quindaro Bend Levee District of Platte County, Missouri (hereinafter "Levee District"); and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into ar� agreement with the Levee District for the use of such right of way and maintenance of the public improvements constructed in connection with the Cliffview Drain Pipe Project in substantially the same form as set forth in Exhibit A attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE GITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1— AGREEMENT APPROVED. That the Right of Way Use and Maintenance Agreement by and between the City of Riverside and the Levee District, in substantially the same form as attached hereto as Exhibit A(which is incorporated herein by reference) is hereby approved. Further, the execution of such Agreement and the delivery of same to said Levee District is hereby authorized, ratified and confirmed. SECTION 2— AUTHORITY GRANTED. That all actions heretofore taken by the officers, representatives and agents of the City in connection with the transaction contemplated by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers, representatives and agents of the City are hereby authorized and directed to, take such further action, and execute and deliver such other documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with �nd perform the duties of the City with respect to the Right of Way Use and Maintenance Agreement. SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect f�om and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED b a ma orit of he Board of Ald rmen and APPROVED by the Mayor of the City of Riverside, M ssouri,this � day of ��j.��L�2� �• � M or Kathleen L. Rose �TTES7: Approved as to form: ,,.� l _ r_ Robin Littrell, City lerk y Tho son, City Attorney RIGHT-OF-WAY USE AND MAINTENANCE AGREEMENT THIS AGREEMENT, made anci entered into this � day of �� p �/, , 2010, by and between the Riverside-Quindaro Bend Levee District of Platte County, Missouri, a political subdivision organized pursuant to the laws of the State of Missouri ("Levee DistricY') and the City of Riverside, Missouri, a fourth class ciry of the State of Missouri, ("City'°). WITNESSETH: WHEREAS, the Levee District is the Local Sponsor under a Project Cooperation Agreement ("PCA") datcd September 23, 1997, between the Levee District and the Department of Army ("Government") far the construction of the Missouri River Levee Unit L-385 ("Levee Project"); and WHF,REAS, pursuant to the PCA , the Levee District obtained all right-of-way and other real estate interests required for the Levee Project; and WHEREAS, the Levee District acquired permanent right-of-way adjacent to Line Creek for the construction of improvements which are part of the Levee Project ("Right-of-Way"); and WHEREAS, Article III of the PCA requires the Levee District to ensure that the Right- of-Way obtained for the Levee Project is retained in public ownership; and WHEREAS, the Levee District is obligated to ensure that the operation and maintenance of the L-385 flood protection system will be in accordance with Title 33 of the Code of Federal Regulations; and WHEREAS, the Government and the Levee District have the further responsibility to ensure that construction within the Levee Critical Area (LCA) of the levee project is completed in accordance with the plans, design and specifications approved by the Government and the Levee District; and WNEREAS, the LCA is generally defined as the area of land extending 300 feet riverward and 500 feet landward from the centerline of the L-385 Levec; and WHEREAS, the City has constructed a storm sewer drain pipe and related improvements along Cliffview Drive which includes an outfall structure to discharge storm water into Line Creek (the "Cliffview Drive Drain Pipe"), a portion of which is located upon, across and within the Right-of-Way, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, and within the LCA; and WHEREAS, the plans, design and specifications for the Cliffview Drive Drain Pipe were reviewed and approved by the Levee District's engineer ("Affinis") and the Government (the "Approved Plans"); and WHEREAS, the Levee District requires a Right-of-Way Use and Maintenance Agreement with respect to the Cliffi�iew Drain Pipe projecl; and WHEREAS, the Levee District desires to remain eligible for flood disaster relief benefits under P.L.84-99; and WHEREAS, the City has agreed to maintain the Cliffview Drive Drain Pipe and other improvements constructed in connection therewith ]ocated on and within the Levee District Right-of-Way described in attached �xhibit "A"; and WHERFAS, the Levee District has determined that the Cliffview Drive Drain Pipe was constructed in accordance with the Approved Plans. NOW, THEREFORF., in consideration of the respective covenants and agreements made by each party herein and the mutual benefits to be received by each party hereto, the Levee District and City agree as follows: 1. The parties acknowledge that the primary purpose of the L-385 Levee Project is to provide flood protection. The City's right to use the area within the Right-of-Way shall be subordinate to the Levee District's rights to use the Right-of-Way far flood protection and flood fighting purposes. 2. The Approved Plans for the Cliffview Drive Drain Pipe are incorporated herein and made a part of this Agreement by this reference as if fu(ly set forth herein. 3. The Levee District and City agree that all work and construction on the Cliffview Drive Drain Pipe was in accordance with the Approved Plans. 4. The Levee District hereby agrees and consents to the City's construction and Location of the Cliffview Drive Drain Pipe within the area of Right-of-Way described in attached Exhibit « 5. Any modification of the Cliffview Drive Drain Pipe in the future shall be presented to the Levee District engineer for review and forwarding to the Government for review and comments. All such proposed modifications must be approved by the Levee District engineer and the Government in writing or by email before the modified work is performed. 6. The current permanent Levec District right-of-way limits will be maintained and unaltered by this Agreement. 7. The Levee District hereby grants to the City the permanent right to use the portion of the Right-of-Way described in attached F.xhibit "A" for the construction, repair, placement, maintenance and replacement of the Cliffvie��� Drive Drain Pipe and appurtenances thereto. 8. The City shall be responsible far the inspection, physical maintenance, repair and/or replacement of the Cliffview Drive Drain Pipe and appurtenances thereto located within the 2 Right-of-Way. The City shall give the Levee District engineer reasonable advance notice prior to undertaking any below the ground surface work witl� respect to the Cliffview Drive Drain Pipe and appurtenances thereto located upon the Right-of-Way or within the LCA. The Levee District shall have no obligation for any costs of such work. Following any such work on the Cliffview Drive Drain Pipe and appurtenances thereto, the City shall promptly restore all areas within the Right-of-Way which were affected by thc work within the Right-of-Way to a similar condition as existed immediately prior to such wark being performed within the Right-of-Way. 9. The Levee District shall be wholly responsible for the inspection, maintenance, operation and repair of the levee improvements and for all flood fighting activities within and upon the Right-of-Way. In the event the Levee District determines that any of the Cliffview Drive Drain Pipe and appurtenances thereto reyuire maintenance, repair or replacemeni in order for the Levee District to comply with the requirements of Title 33 of the Code of Federal Regulations, the L-385 Operation and Maintenance Manual and other applicable regulations, the Levee District shall give the City written notice of said needed work and the City shall promptly undertake said needed work w7thout cost to the Levee District. 10. To the extent allowed by law, the City agrees to indeinnify the Levee District and hold the Levee District harmless from and against its actual costs, damages, liabilities, obligations and expenses which the Levee District may incur caused by the City's construction of the Cliffview Drive Drain Pipe project within the Right-of-Way, specificaily the loss or ineligibility to rcceive Federal flood disaster relief benefits under P.L. 84-99 to receive Pederal flood disaster relief benefits undcr P.L. 84-99 by reason of the presence of the Cliffview Drive Drain Pipe and appurtenances thereto within the Right-of-Way. 11. If any work on the Cliffview Drive Drain Pipe and appurtenances thereto located within the Right-of-Way and the LCA requires the services of the Lcvee District engineer, the City agrees to pay for flie serviees required of the Levee District engineer pursuant to tl�e "Procedures for Work within the Levee Critical Area, Flood Protection Levee Easements and Levee Right-of-Way" as may be amended from time to time, which are incorporated hcrein by this reference as if fully set forth herein. 12. The City shall provide the Levee District engineer with three (3) full-size sets of as- built drawings on the Cliffview Drive Drain Pipe project within the Right-of-Way and the LCA. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 14. This Agreement and the terms and provisions herein shall be construed and interpreted in accordance with the laws of the State of Missouri. I5. This Agreement is for the sole and exclusive benefit of the Levee District and the City and there are no third party beneficiaries hereunder. IN WTTNESS WII�R�OP, the parties have executed this Agreement in duplicate originals the day and year set forth by their respective signatures. 3 RIVERSIDE-QUINDARO BF.,ND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI B : "� Y Donald P. Coleman, President Date: ]� � , � �, 2010 CITY OF RIVERSIDE, MISSOURI A Missouri Fourth Class City � By; �U�� � � Kathleen L. Rose, Mayor Date: � �1. �, 2010 4 EXHIBIT "A" Legal description of Levee District Right—of ��7ay upon which is located Cliffview Drive Drain Pipe and appurtenances- All that part of the Southwest Quarter of Section 4, Township 50 North, Range 33 West, and all that parl uf Lots 2 and 3, RENNER PLAZA NO. 4, a subdivision of land in the Southwest Quarter of said Section 4, all in the Ciry of Riverside, Platte County, Missouri, thal lies within the following described tract of'land: Commencing at the Northeast Corner of the Southwest Quarter of said Section 4; thence North 89° 2fi' 44" West, I along the North line of the Southwest Quarter of said Section 4, a distance of401.34 feet; then¢e the (ollowing � nine (9) described courses along the existing right-of-way line of the Riverside-Quindaro Bend Levee District (1) thence South 45° I 6' 19" West a distance of 24.61 feet; (2) thence South 47° SS' 02" West a distance of 43.00 feet; (3) thence South 52° 30' S3" West a distance of 42.28 feet; (4) thence South 65° 55' 04" West a distance of 46.22 feet; (5) thence South 60° 41' 10" West a distance of 50.58 feet; (6) thence South 59° 18' OS" West a distance of 15.18 feet lo a point on a line that is 125.0� feet South ot'and para11e1 with the North line of the Southwest Quarter oi'said Section 4; {7) thence South 59° 18' 02" West a distance of 17.00 feet; (8) thence North 84° 56' 11" West a distance of 73.99 feet; (9) thence South 64` 31' 45" West a distance oi'41.21 feet to the Point of Beginning; Ihence continuing South 64° 3]' 45" Wesl, along said righl-of-way ]ine, a distance of 18.06 feet; thence South 59° l9' 49" East, departing said right-of-way line, a distance of I 1.88 feet; thence South 2b° !4' 34" East a distance of 114.25 feel; thence North 63° 45' 26" East a distance of 15.�0 feet; thence North 26° 14' 34" West a distance of 1 18.71 feet; thence North 59° 19' 49" West a distance of 6.27 feet to the Point of Beginning. Containing 1,883 square feet or 0.04, acres more or less. The bearings used in this description are based npon the Norih line of the S�uthwest Quarter of said Section 4 being North 89 26' 44" West.