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HomeMy WebLinkAbout1057 MoDOT Road Relinquishment BILL NO. 2011-005 ORDINANCE NO. ��5 AN ORDINANCE APPROVING A ROAD RELINQUISHMENT AGREEMENT BETWEEN THE CITY AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION RELATING TO THE CONVEYANCE OF A PORTION OF TULLISON ROAD WEST OF RIVERWAY BOULEVARD, AUTHORIZING AND CONFIRMING THE EXECUTION AND DELIVERY OF SAME, AND AUTHORIZING CERTAIN ADDITIONAL ACTIONS IN CONNECTION THEREWITH. WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with the Missouri Highways and Transportation Commission to provide for the conveyance of a portion of Tullison Road west of Riverway Boulevard to the City upon the terms and conditions set forth in Exhibit A attached hereto; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1— AGREEMENT APPROVED. That a Road Relinquishment Agreement by and between the City and the Missouri Highways and Transportation Commission in substantially the same form attached hereto as Exhibit A is hereby approved and authorized (the "AgreemenY'). Further, the execution of such Agreement and the delivery of same by the City Administrator, or designee, to the Missouri Highways and Transportation Commission 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 and perform the duties of the City with respect to such Agreement. SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of th Board of AI rmen and APPROVED by the Mayor of the City of Riverside, Missouri, this� day of , 2011. �'��.,r������� �� Mayor Kathleen L. Rose ATT� T: Approved' , b form: �� � � �� � ��� Robin Littrell, Ci y Clerk a Tho p , City Attorney � � � � 7 C � ' 5.: � G � J � � " c F" � f V 0� U � -i � � �.� L a W ' L_, _�' ,...:-� ,`, .._.,_„_.�_.._.._.._ ,,... .._. , _ ._._.._.._.._.. ' � �� �- � C�� �,� a � � \� �. � �rxrsr�aK�" g ��� n / � `tS \ . � � °� ° F � ..: �t� �� .s�.. � 3 g � � j •�� ° K $ n � I.1, �'%'.. . 1VVr....�.._�� � � � � 5� � li ��pEPNi�f lBj �j �' k � Oee�W H M, ., � . .,,\ �' � e � . � � ulYAd ' � s �� � Da P�7sawoN s� \ � . � H , g � f� � YA A - 1 � � 'g_. � � d s �i"�..,\ fy;vara�r� kMni�H � � . i � w+�qsP� �o� . i .,.... ���!�\ � ::, � ` � � \ _� k ut � � y a ' � �_�.�\ js�' eP� ... ase�� ade�d J .. �senue S \8.' � � �.. ' � 1 � '-v . �.A �. � � �� . I N �1�\ . '8' L 1 � a "� xa � auol9 anj , � � � � r .. 1� � 5 5 ¢ � �� �� 5 .� � � �� �•,' � � • � v � y � � � U U � ;, � antl�a. h � � � �. `"'^-^-'.�.�.,...':.�-.—,_ .. . �� . � . . N S �: . \ � �� " n �+ , ,�, � � -,-�.`� � �-= r; - , " � � � �� -- � ' --m.,,,,�y-� �. " — � , ;, � ' --�,,.�'�: i .o � e �-•,,. � K ° ai'� rH � � o , eny . � � . e 9 � tlPmv�pNN �� � .: �¢ .. � � � , � g 1 3 d �, � � G . a �° � ° � ,; � �t' P t � a ._ i � i �� � � �n..�.�n��.�..�.. e M4dsuomoN { . �� . � � I ury� � �� � �� _--� . ; � __,_ � ; �°1 ., �� ' 4r , •--� � f � �� f' �\ �� � / • �` ! .'! ) � / J � uycun,aH�� � ( � ! . � �..��.....� � �f / � �: � � �� � � I� ! !�. �� _. .._. - - - - ' - ' ..,,„ � r,�� . t f . � �� -t a Y � ......___ 3 i � � < < �,. � CC:O FORM: RW27 Approved: 6/97 (DPP) Revised: 02/10 (AR) Mc�dified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION ROAD RELINQUISHMENT AGREEMENT TFIIS AGREEMENT is entered into by the Missouri Highways and 7ransportation Commission ("Commission") and the City of Riverside, Missouri {"Agency"). W ITNESSETH: NOW, THEREFORE, in consideration af the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to relinquish a portion of the state highway system to the agency. (2) RELINQUISHMENT: The Commission shall convey by quitcfairn deed, to the Agency the portion of the State Highway which is the subject of this Agreement. ThE; Agency agrees fo accept the deed from the Commission. The deed shall be filed with the office of the recorder of deeds in the county where the highway is located: (3) MAINTENANCE BY COMMISSION: Prior to conveyance of the highwa�r, the Commission shell maintain the highway as part of the state highway system. Upon , coriveyance of the highway to the Agency, Commission's responsibility to maintain the ; higlhway shall cease and the highway will no Ionger be considered a pa►t of the I State highway system. (4) MAINTENANCE BY AGENCY: Upon conveyance by the Commission as shawn by the date on the quitclaim deed, Agency shall maintain the highway as part of Agency's system. (5) LOCATION: The general location of the highway to be conveyed is as foll��ws: From approximately the infersection of Tullison Road and Riverway Boulevard (southeriy of Route 9) westerly 3,521 feet along Tullison Road to its westeriy termini (ju;st norkh of fhe railroad tracks} in Riverside, MO. ThE; exact description of the highway shall appear in the quitclaim deed. (6) FUTURE REPAIR: After conveyance of the highway to the Agency, the Commission may agree to perform future repair to the highway. Any future repair by the -1- �_ �� � u ' �� �� C ,�.� I .' Cc�mmission shall only be by a separate written agreement between the Commission and the Agency. The cost of any future repairs by the Commission shall be identified by the: separate agreement and shall be the responsibility of the Agency. (7) COMMISSION REPRESENTATIVE: The Commission's district engineer is designated as the CommissiQn's representative for the purpose of administering the pravisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in ! fur�fherance of the performance of this Agreement, (8) LAW OF MISSOURI TO GOVERN; This Agreement shall be construed acr,ording to the laws of the State of Missouri. The Agency shall compiy with all state and federal laws and regulations relating to the performance of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the dai:e last written below. Executed by Agency fhis 3�� day of ��2, , 20 �� . Executed by the Commission this � day of , 20�. M1:3SOURI HIGHWAYS AND CITY OF RIVERSIDE, MISSOURI TRANSP TATION COMMISSION � � �� By: ,� � Title C;hiPf Finanr.ial�fficPr Titl�/ �f � o - 7 o � .j ) , � {/�� \.� � J � ... �7�`� •y..�i.i�v "- � _ Secr ary to the Commission Title Approved as ta Form: Ap�e as to Form: �- .� _ � Ti e � Co mission Counsel Ordinance No. /�� � _ � °� ._.,�,. : �_ �`- -2-