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Home My WebLink About1579 Road Relinquishment MO Hwy and Transporation Commission BILL NO. 2018-006 ORDINANCE NO. I S' 7 q AN ORDINANCE APPROVING A ROAD RELINQUISHMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. That the Riverside Board of Aldermen ('Board") hereby approves the Road Relinquishment Agreement, in substantially the form attached hereto, by and between the City of Riverside and the Missouri Highways and Transportation Commission. The Mayor is authorized to execute the Agreement on the City's behalf. Section 2. The Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this Le* day of '2018. Wor Kathleen L. Itose FITTEST: ' .. Robip rineai , Ciiy Clerk CCO FORM: RW27 Approved: 6/97 (DPP) Revised: 03/17 (AR) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION ROAD RELINQUISHMENT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission ("Commission") and City of Riverside ("Agency"). WITNESSETH: NOW, THEREFORE, in consideration of 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) WORK BY COMMISSION: Prior to any relinquishment or conveyance of the herein state highway to the Agency, the Commission shall perform the following: The Commission shall complete Job No. J4S3202, which includes signal improvements at Route 9 and Mattox Road, and outer road improvements to NW Platte Road, including two culvert crossings. (3) LOCATION: The general location of the highway to be conveyed is as follows (see Exhibit A): That portion of NW Platte Drive from Station 285+25.00 at NW Intercon Drive easterly to Station 14+66.03, lying north of Route 9, and 125 feet of Mattox Road, from Station 11+31.40 to 12+56.40, lying south of Route 9, in Riverside, Missouri. (4) RELINQUISHMENT: Upon completion of the work as specified in paragraph (2), the Commission shall convey to the Agency the portion of the State Highway which is the subject of this Agreement by a quitclaim deed releasing any and all interest the Commission has in the above-described property. The exact legal description of the highway shall appear in the quitclaim deed. The Agency agrees to 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. (5) CLAUSES IN THE DEED: The following clauses will be included in the quitclaim deed from the Commission to the Agency, where in the Commission is referred to as "Grantor and the Agency is referred to as "Grantee": -t- The Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities. This conveyance is made upon the express condition that Grantee, itself, its successors and assigns shall have no right of direct access from the land herein conveyed to the adjacent highway now known as Route 9, except at the intersection of Route 9 and Mattox Road, such rights of direct access being reserved by Grantor. By conveyance through this quitclaim deed, the Missouri Highways and Transportation Commission makes no claim to the resulting title of the above-described property and is merely releasing whatever interest it has to the Grantee. (6) MAINTENANCE BY COMMISSION: Prior to conveyance of the highway, the Commission shall maintain the highway as part of the state highway system. Upon conveyance of the highway to the Agency, Commission's responsibility to maintain the highway shall cease and the highway will no longer be considered a part of the state highway system. (7) MAINTENANCE BY AGENCY: Upon conveyance by the Commission as shown by the date on the quitclaim deed, Agency shall maintain the highway as part of Agency's system. (8) 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 Commission 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. (9) COMMISSION REPRESENTATIVE: The Commission's district engineer is designated as the Commission's representative for the purpose of administering the provisions 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 furtherance of the performance of this Agreement. (10) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Agency shall comply with all state and federal laws and regulations relating to the performance of this Agreement. -2- IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by Agency this 4;�L day of { e lo([1vvP� , 20V Executed by the Commission this day of �T 20_ MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY Of RIVERSIDE O By:9J/'4j Title Title k-- By Secretary to the Commission pp / Title 11& K�iN1rn i CiP/f,��eP Approved as to Form: Approved as to mi: ' o Title Commission Counsel e Ordinance No. :,.�:a 49 "E M1 C' -3 Exhibit A EXHIPIT A LEGEND CONTRACT BETWEEN CONVEY BY MISSOURI HIGHWAYS AND TRANSPORTATION OIIIT CLAIM COMMISSION DEED TO CITY -AND- CITY OF RIVERSIDE. PLATTE COUNTY.MISSOURI CONVEY IMAINTENANCE AND OWNERSNIPI TO CITY OF RIVERSIDE 0.162 MILE 6-50-33PLATTE ROM e Y 5 GNV Y TA A- .E W IINT MANCE AN[ OWNERSNIPI TO CITY OF RIVERSICE 9 9 ^1 4 MANCE "F C I WIN M YNER MPI EI<! ETi DN: 5 A Tf TO CI TY OF 61 VER5I[E TOII. OU t STA 'M0. t Rp11f 9 1N �Y g gi W-BRI[OE TO YE CONSTROCTE[ BY CWII SEId M'[ CONVErE[ TO THE .I Tr pi p1VEp'NE ITT" TNIS NO' IC SCALL CNINOE OF RW If SIAIUS REPORT -4- Route 9 & Mattox Intersection 1A - Y {LF O � 1 •t. r. r Ir Legend a mmir ROW V§cgWn i . CCO Form: RW42 Approved: 10/06 (AR) Revised: 06/21 (BDG) Modified: ACCEPTANCE OF CONVEYANCE The quitclaim deed attached above, made on the 6th Day of April, 2022 by the State of Missouri, acting by and through the Missouri Highways and Transportation Commission (the "Grantor"), is hereby received and formally accepted by the City of Riverside (the "Grantee" of the deed) on this day of 12022. This Acceptance is executed by the undersigned Mayor of the City of Riverside, who is authorized by Bill No. 2018-006 Ordinance 1579 of the City of Riverside, dated on the 6th Day of February, 2018 to accept conveyances of easements and real property for the City Of Riverside. City of Riverside GRANT By: Mayor [Grantee] ACKNOWLEDGMENT BY CITY OF RIVERSIDE STATE OF MISSOURI ) ss COUNTY OF -4,4—ME ) On this /7-111 day of 2022, before me appeared aA te,-n L. dose— personally G;wk to me, who being by me duly sworn, did say that he/she is the Mayor of the City of Riverside and that the foregoing instrument was signed and sealed on behalf of the City of Riverside and that he/she acknowledged said instrument to be the free act and deed of the City of Riverside and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. o�gY PUG ROBIN L IQNCAID o ::h�OTAR`f*_ My Commicsmn ExpineS March 8,2023 ' .g: ahm Notary Public A'•. SEAL q�;.....�o; cauray ,,OFM�,• Commission�1539063i My Commission Expires: a�P� �{ aAD-3