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.
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Mayor Kathleen L. Rose
ATT� T: Approved' , b form:
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Robin Littrell, Ci y Clerk a Tho p , City Attorney
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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
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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
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Secr ary to the Commission Title
Approved as ta Form: Ap�e as to Form:
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Ti e �
Co mission Counsel
Ordinance No. /�� �
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