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HomeMy WebLinkAbout2008-012 - Riverside-Quindaro Bend LeveeBill No. 2008- 12 Ordinance No. 2008-12 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO ENTER INTO ARIGHT- OF-WAY USE AGREEMENT WITH THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI, FOR THE CITY PROJECT WHEREAS, the City of Riverside (the "City") desires to enter into aRight-of--Way Use Agreement (the "Agreement") with the Riverside-Quindaro Bend Levee District of Platte County, Missouri, a political subdivision organized pursuant to the laws of the State of Missouri. ("Levee District") for the construction of a sanitary sewer line up and over the Levee (the "Project); and WHEREAS, the City and the Levee District have reached an agreement concerning the construction of the Project; WHEREAS, the Agreement provides that the City will be able to construct the Project up and over the Levee within the Levee District right-of--way and within the Levee Critical Area in conformity with the site plan and subject to the terms of the Agreement; all such rights being subordinate to the Levee District's rights to use the said right-of--way; and WHEREAS, the City finds that entering into the Agreement is for a public purpose and is to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and NOW, THEREFORE, BE TT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of construction of a sanitary sewer line. Section 2. The City of Riverside shall enter into the Agreement, to be substantially in the form attached hereto as Exhibit A, with the Riverside-Quindaro Bend Levee District of Platte County, Missouri and the City is hereby authorized to execute and deliver the Agreement, with such changes therein as shall be approved by the officers of the City executing the Agreement, such officers' signatures thereon being conclusive evidence of their approval and the City's approval thereof. Section 3. The City shall, and the officers, agents, and employees of the City are hereby authorized and directed to, take such further action and execute and deliver such documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~~day of January, 2008. ~~C~ Mayor Kathleen L. Rose ATTEST: ' Clerk n RIGHT-OF-WAY USE AGREEMENT THIS AGREEMENT, made and entered into this 20`h day of December, 2007, 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 District") and they City of Riverside, Missouri, a fourth class city of the State of Missouri, ("City"). WITNESSETH: WHEREAS, the Levee District is the Local Sponsor under a Project Cooperation Agreement ("PCA") dated September 23, 1997, between the Levee District and the Department of Army ("Government") for the construction of the Missouri River Levee Unit L-385 ("Levee"); and WHEREAS, pursuant to the PCA, the Levee District obtained all right-of--way and other real estate interests required for the Levee; and WHEREAS, the Government and the Levee District have the responsibility to ensure that construction within the Levee Critical Area (LCA) of the Levee is completed in accordance with the plans, design and specifications approved by the Government and the Levee District; and WHEREAS, the LCA is generally defined as the area of land extending 300 feet riverward and 500 feet landward from the centerline of the Levee; and WHEREAS, the City has proposed the construction a sanitary sewer line up and over the Levee (the "City Project") within the Levee District right-of--way ("Right-of-Way") and within the LCA, as reflected in the site plan attached hereto as Exhibit "A" and incorporated herein by this reference; and i WHEREAS, the plans, design and specifications for the City Project have been reviewed and approved by the Levee District's engineer ("Affinis") and the Government (the "Approved Plans"); and WHEREAS, the City desires to proceed with construction of the City Project within the Right-of--Way and the LCA; and WHEREAS, the Levee District is mandated by Federal regulations and policies to ensure that construction within the Right-of--Way and LCA conforms to the Approved Plans. NOW, THEREFORE, 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 the City agree as follows: 1. The parties acknowledge that the primary purpose of the L-385 Levee 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 for flood protection and flood fighting purposes. 2. The Approved Plans are incorporated herein and made a part of this Agreement by this reference as if fully set forth herein. 3. The City agrees that all work and construction on the City Project shall be in accordance with the Approved Plans. Following completion of the City Project, the City shall, to the extent reasonable, promptly restore all areas within the Right-of--Way which were affected by the construction of the City Project to a similar condition as existed immediately prior to construction of the City Project within the Right-of--Way. 4. The Levee District hereby agrees and consents to the City's construction of the City Project within the Right-of--Way provided that all work which takes place within the Right- of-Way fully complies with the Approved Plans and provided that City shall hold apre- construction conference with a representative from Affinis in attendance prior to beginning construction within the Right-of--Way. 5. Any proposed modifications of the Approved Plans, whether such modifications occur prior to or during construction, shall be presented to Affinis for review and forwarding to the Government for review and comments. All such proposed modifications must be approved by Affinis and the Government in writing or by email before the modified work is performed. 6. The current Right-of--Way limits will be maintained and unaltered by this Agreement. 7. The Levee District hereby grants to the City a temporary right to use the Right-of- Way as a temporary construction area in connection with the construction of the City Projecl:. The Levee District hereby grants to the City a permanent right to use the portion of the Right-of- Way described on the attached Exhibit "B" hereby incorporated herein by this reference, for the construction, placement, repair, maintenance and replacement of the City Project ("Permanent Use Area"). 8. Affinis will have a field representative providing observation of the construction of the City Project within the Permanent Use Area and any below ground construction within the LCA (the "Services"). Affinis shall provide to the City, in writing, the hourly rate for the Services ("Hourly Rate"). The City agrees to pay for the Services at the Hourly Rate. In order to expedite the payment for the Services incurred by the Levee District, the Levee District a€;rees to forward all such invoices for Services to the City. The City agrees to pay such engineering invoices within thirty (30) days of receipt of such invoice(s). 9. Upon completion of the City Project within the Right-of--Way and the LCA, the , City shall provide the Levee District engineer with three (3) full-size sets of as-built drawin€;s. 2 10. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 11. This Agreement and the terms and provisions herein shall be construed and interpreted in accordance with the laws of the State of Missouri. 12. 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 WITNESS WHEREOF, the parties have executed this Agreement in duplicate originals the day and year set forth by their respective signatures. RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI By: rX~. ohn R. J n Date: December 20, 2007 CITY OF RIVERSIDE, MISSOURI A Missouri Fourth Class City athleen L. Rose, Mayor Date: December 20, 2007 3 EXHIBIT A RIVERSIDE, PLATTE COUNTY, MISSOURI -~ QU I NDARO BEND LEVEE DISTRICT TRACT FMLVN fi- ` <~ -~ ~~,, ~s LEGEND s ~~~ ~iy ~<ip~ TCE - TEMPORARY S CONSTRIJCTION ".~ ~q]~ EASEMENT f',~ ~~~ OUINDARO BEND LEVEE DISTRICT \ 9 TRACT FMLVN N °41'33"E ~ ~~553°16'S1aES238.23' 133. '~ l~ vd_a Y ~ y~4 ti ~~/W ^ a`~`"~W~ S04°42'56"W 10.84' o°~i~~ ~ POB TCE o ~ 4 0°~ ="-_ w ~~-EXIST. R/W ~ _> o"' °' ~ `" ~ _ N84 1 8' 2 W3UN P ~. ^~ v y .~, 204. 3' W°pw p ro 4. ~ ~ < < ~' i S`t L`~i .Slt~~~'4 ~G'.4 T OM.R33 m~~° Z /~~L~N\1f~1/9 .SEE. 9 ~Oy, R,>'3k' ~ a ~~ N89° 1 0' 35 "W 101 ~52' ~I - x x Oi~°W \ k } 2_ o ~ P. 0. C. \ ~~~ x; z, ~~ SE COR. SW~~q ~~ ~ \ ~, ~ ~ SEC 4-TSON-R33W '~. " ~" ~ ~ \ "`' ~~ FOUND IRON BAR ~ ~ ~~. '~ ~ ,.- WITH ALUM CAP \ ' "" i ~ DOC.u600-63113 \ ,,: , , \ ,. ~k \ i \ \ ~ f. lr ]e ~ 1 l ~ .. .. ,\ ,. . ,, B \ ; ,, ,~ , 4,F ~ ~ ~ ~ y SF ~ _, u a '; \ ,r ~ \ N R ~, ~~ ~~ v . ,. v ~~ y . .. .~ f ~. ~ ® Systems 2400 Pershing Rd. Suite 400 Konsas City. Mis:>ouri 64108 (8161 329-8600 SCALE RIVERSIDE FORCE MAIN 2~~~ 0 20~~ 400 QUINDARO BEND LEVEE DISTRICT TRACT FMLVN ~x ~t ~ a~ T ~ PROJECT NAME: RIVERSIDE FORCE MAIN PROJECT NUMBER: P101020298 LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI OWNER: QUINDARO BEND LEVEE DISTRICT TRACT NUMBER: FMLVN TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, TSON, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, STAMPED "LARKIN LS- 187D", PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N85°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1017.52 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 229.89 FEET TO A POINT ON THE EAST PERMANENT LEVEE RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING; THENCE N84°18'28"W, A DISTANCE OF 204.33 FEET TO A POINT ON THE WEST PERMANENT LEVEE RIGHT-OF-WAY LINE; THENCE NOS°41'33"E ALONG SAID WEST LEVEE RIGHT-OF-WAY LINE, A DISTANCE OF 133.63 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED; THENCE S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 238.23 FEET TO A POINT ON SAID EAST PERMANENT LEVEE RIGHT-OF-WAY LINE; THENCE S04°42'56"W ALONG SAID EAST LEVEE RIGHT-OF- WAY LINE, A DISTANCE OF 10.84 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 14,748 SQUARE FEET OR 0.339 ACRES, MORE OR LESS.