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HomeMy WebLinkAbout2006-020 - Reimbursement of MoDOT for Purchase of Right-of-Way and EasementsBILL N0.2006-20 ORDINANCE N0.2006-20 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE, MISSOURI TO REIMBURSE THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR PURCHASE OF RIGHT-OF-WAY AND EASEMENTS WHEREAS, the Missouri Highways and.. Transportation Commission ("Modot") has approved a program for the construction and improvement (the "Project") of Interstate Highway 635 ("I-635") and an interchange passing through the City of Riverside, Missouri (the "City"); and WHEREAS, MoDOT and the City entered into a Cost Participation Agreement authorized by Ordinance No. 2005-95, duly passed September 27, 2005, with respect to the Project (the "Cost Participation Agreement"); and R'HEREAS, it is necessary for MoDOT to acquire certain rights of way and easements within the City to complete the Project; and the Cost Participation Agreement provides that the City will reimburse MoDOT for funds expended for the purchase of necessary rights of way and easements; and WHEREAS, the Highways and Transportation Commission has reached an agreement to purchase property as described in Exhibit A attached hereto; and NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside, Missouri shall pay the sum of Three Hundred Thirty-five Thousand Seven Hundred Fifty Dollars ($335,750.00) to the Missouri Department of Transportation pursuant to the terms of the Cost Participation Agreement for the acquisition of the rights of way and easements described in Exhibit A hereto. Section 2. The Mayor Pro Tem and City Administrator are authorized to take such further actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~~day of February, 2006. ATTEST: CLERK a~..`~ MAYOR PRO TEM THE CITY OF RIVERSIDE, MISSOURI 1 l rt, . ~ r ~ `~ ~.~ ~ ~ Q ~ ~~v ~ ~~,~ ~ ;~~ ~~ ~\ ~ ~~ CCO Form: n h~ Approved: 08/05 (BDG) Revised: Modified: ~x ~I.~l Route 635/9/Horizons Parkway, Platte County Project No. J411709, J411709A City of Riverside MISSOURI H COSTA ARTN PAT ON AGRREEMENT OMMISSION THIS AGREEMENT is entered into by the Missouri Highof yR vetls des Missouri Commission (hereinafter, "Commission") and the City (hereinafter, "City"). 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 coordinate the cost and participation by the onsist of three' projects: tects J411709, and J411709A. The public improvements shall c (A) Public improvement designated as Job No. J411709 Route I-635, Platte County, will Po sul eof thn ~uding storage anes,I auxil aryg anes,oreplacement of (formerly Van de p ) bridges over Horizons Parkway, widening of bridges over the drainage ditch and ramps. (B) Public improvement designated as Job No. J411709A Route 9, Platte County, will consi la es and s gn'al modifications at Northwood wand the w Bening Parkway, addition of tum from two lanes to three lanes in each direction beginning at Mattox Road and continuing to just west to the interchange with I-635. 9 Pro ect, Horizons (C) Public improvement desi Hated as the City j Parkway, Platte County, will consist of f om he limits' of the d amond nter~change atal- and realignment of Horizons Parkway 635 northerly to the limits of de intersection with Route 9. This project will be let and financed by the City of Rivers (2) LOCATION: The transportation improvement that is the subject of this agreement is contemplated at the following locations: (A) Job No. feet east of Horizons Parkway. easterly from the Missouri River to approximately 3,000 -1- ~ .. (B) Job No. J411709A is located on Missouri Highway 9 from Mattox Road easterly to the I-635 interchange. (C) The City Project is located on Horizons Parkway from the proposed interchange at I-635 northerly to the intersection of Missouri Highway 9. The general location of the projects are shown on attachment marked "Exhilbit A" and incorporated herein by reference. (3) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of default. The Commission shall grant the City a right to cure by serving notice in writing of City's defaults. The City shall have thirty (30) days from the date of receipt in which to cure all defaults ("Default Period"). If at the end of the Default' Period City remains in default of any item in the notice, the Commission shall extend the Default Period an additional thirty (30) days provided the City has diligently pursued curing all defaults and it would be impossible or unreasonable to require the City to cure all defaults within the Default Period. If at the end of the Default Period and any extension as granted by the Commission, the City remains in default and has not made diligent efforts to cure all defaults listed in the notice, the Commission may immediately terminate this Agreement by serving written notice upon the City. (4) DUTIES AND FINANCIAL RESPONSIBILITIES: With regard to work under this Agreement: (A) Com= fission: In addition to any other obligations of the Commission as stated in the agreement, the Commission shall be responsible for the following: (1) Review and approve all submittals of plans, specifications, estimates and variances to Commission standards (J411709, J411709A). (2) Provide copies of or access to all current design standards, specifications, standard plans and special provisions to assist in the development of the construction documents standards (J411709, J411709A). (3) Perform the necessary appraisals, documents, and negotiations for the acquisition of easements and Right of Way with the exception of the Hydro-Conduit property which the City will be handling the negotiations as a "total take" (J411709, J411709A). (4) Obtaining permits from the Corps of Engineers to comply with Section 404 regulations and environmental clearance to enable advertisement the project for bids and award the contract (J411709, J411709A). (5) Let and administer the construction contract including -2- i, r Q,, ~ . inspection of work performed by the contractor (J411709, J411709A). (6) Maintain Route I-635, the ramps to Horizons Parkway, ramp signals at Horizons Parkway, bridges over Horizons Parkway, and Route 9 improvements after completion of the improvements (J411709, J411709A). (7) Allocate Interstate Maintenance Discretionary funds for the lesser of five million dollars ($5,000,000) or fifty percent (50%) share of the actual construction costs (including construction contingency costs) on Job Number J411709, improvements to Route I-635. (8) Allocate Innovative Finance Funds for the lesser of three million dollars ($3,000,000) or fifty percent (50%) share of the actual construction costs (including construction contingency costs) on Job Number J411709A, impr©vements to Route 9. (g) C~ In addition to other obligations of City as stated in this agreement, the City shall be responsible for following: (1) Design, or cause to be designed by a consultant, acceptable to the City, the proposed improvements in accordance with Commission stahdards and as approved by the Commission (J411709, J411709A). (2) Submitting Conceptual, Preliminary, Right-of--Way and Final plans to Commission for approval (J411709, J411709A). (3) Acquiring necessary easements and right-bf-way for construction of the City Project and for the Hydro-Conduit Property only of Job No. J411709A. (4) Any right of way shown on the final plans to be transferred to the state of Missouri that is acquired by the City through negotiation shall be acquired in the name of the State of Missouri, acting by and through the Missouri Highways and Transportation Commission (J411709, J411709A). (5) Prior to condemnation, the City shall file copies of the plans with the city clerk of Riverside and the county clerk of Platte County. It is the City's responsibility to handle condemnation procedures. Any right of way shown on the final plans to be transferred to the state of Missouri that is acquired by the City through condemnation shall be conveyed to the Commission from the City with a title policy (J411709, J411709A). (6) Fund the acquisition of all additional right of way necessary for the completion of the improvement (J411709, J411709A). (7) Obtain all necessary permits for construction im accordance -3- i .T Ri' ~ with federal, state, and local laws and regulations for construction of the City Project and assist in providing data for Job Numbers J411709 and J411709A. The City shall be responsible for all necessary permit mitigation requirements for these improvements (J41709, J411709A, and City Project). . (8) Submit final contract plans, specifications and estimate for construction, broken into the respective City and state components 14 weeks prior to advertising for bids for review and approval (J411709, J411709A). (9) The City shall accept and maintain Horizons Parkway, adjacent sidewalks, permanent drainage system, bike/pedestrian trails, and lighting along Horizons Parkway after completion of the improvement (J411709, J411709A, and City Project) (10) Pay all costs for additional items of work related to the addition of an interchange at Horizons Parkway shown in the final contract plans and specifications, including but not limited to: adding additional lanes, retaining walls, signals, right of way, easements, temporary striping, temporary bypasses, retaining walls, auxiliary lanes, construction and permanent signing, borrow, fill, eraslion control, and permanent drainage structures, and all other expenses not specifically I6sted under "Commission Responsibility" as detailed in Exhibit B . (11) Supply design personnel for pre-bid and pre¢onstruction conferences (J411709, J411709A). (12) Acquire access and deed restrictions on Horizons Parkway (J411709, J411709A, and City Project) as provided in the approved plans. (13) Conduct all design surveying (J411709, J411709A, and City Project). (14) Prepare final as-built plans in conformance with Commission's standards (J411709, J411709A), and provide to Commission 'in electronic format. (15) The City shall be responsible for all construction costs and other costs shared by the Commission on Job Numbers J411709 and J411709A and beyond the Commission's responsibility set forth in Section 4(A) of this Agreement. (16) The City shall, 14 weeks prior to the scheduled letting of Job J4117909, deposit funds totaling $6,580,000, as shown in Exhibit B. The City shall also depschedu ed to be let no earlier~hantFeb ary 11e2008'nunless mutua ly algreed by the be Commission and the City. (17) The City shall secure the temporary or permanent removal, -4- i' i i T Q.. ~ i relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and pipes located on the right-of-way of existing public ways as necessary for construction of the improvement and the cost shall be borne by such public utilities or the owners of the facilities except where the City is by existing franchise or agreement dbligated to pay all or a portion of such cost, in which case the City will pay its obligated portion of the cost. (J411709, J411709A) (5) DEPOSIT OF FUNDS: The deposits of funds by the City ;pursuant to Section 4(6)(16) shall be made to an escrow account acceptable to the ~dmmission, with interest accruing to the City. The account will be in the City's name, pledged to the Commission. If the City fails to deposit said funds at said time, the Commission may terminate this Agreement after first giving the City 15 days written notice and opportunity to cure. The Commission shall invoice the City for the City's share of. construction and other costs incurred in the previous month. Project costs shall initially be allocated Fifty percent (50%) to the Commission and Fifty percent (50%) to the City until suc time as the Commission has expended the amounts set forth in Section 4(A)(7)~an 4 (8); and thereafter shall be allocated One Hundred percent (100%) to the City. It will be the responsibility of the City to remit the amount due to the Co r>hission on a monthly basis. The funds shall be by wire transfer, as follows: Central Tru t!Bank (Bank Name), 0865 00 634 (Bank Routing), 148660 (Account Number), Stat of Missouri, State Road Fund (Account Name), Checking (Account Type), Jenni r Schroeder (573)-634-1154 (Bank contact). The Commission shall communicate a y changes in bank information. The City will instruct the financial institution holding the escrowed funds to provide a monthly bank statement directly to the Commission. If the Commission determines the amount deposited in the escrow account is less than the actual obligation of the City for this project, the City, upon written notification by the Commission, shall deposit additional monies in the escrow account to completely satisfy its obligation. If the City fails to deposit said funds at said time, the Commission shall take appropriate actions to obtain reimbursement from other available City resources including future revenues. Upon completion of the project, any excess funds deposited by the City, including interest, will be available for the City's use and will no longer be required to be pledged to the Commission. (6) CITY RIGHT OF WAY: All improvements made within the city-owned right-of--way shall become the City's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the City. (7) NO INTEREST: By contributing to the cost of this project or improvement, the City gains no interest in the constructed roadway or improvements whatsoever. The -5- i r R.. i Commission shall not be obligated to keep the constructed improvements or roadway in place if the Commission, in its sole discretion, determines removal or modification of the roadway or improvements, is in the best interests of the state highway system. In the event the Commission decides to remove the landscaping, roadway, or improvements, the City shall not be entitled to a refund of the funds contributed by the City; pursuant to this Agreement. (8) ADDITIONAL FUNDING: In the event the Commission obtairhS additional federal, state, local, private or other funds to construct the improvement being constructed pursuant to this Agreement that are not obligated at the time of execution of this Agreement, the City shall not receive an off-set for the deposited funds, a reduction in obligation, or a return of, a refund of, or a release of any funds deposited by the City with the Commission pursuant to this Agreement. Any claim for an offset, refund, release, reduction, or return shall constitute a breach of this Agreement by the City and the Commission, in its sole discretion may cancel this Agreement and remove any portion of the constructed improvement from the Commission's right-of-way at the City's expense. In the event the City obtains federal, state, local, private or other funds to construct the improvements being constructed pursuant to this Agreement, the City may apply those funds to payment of its obligations under this Agreement. Further, the parties acknowledge that the City is in the process of establishing a tdansportation development district to provide the City with an additional funding so~Irce for the payment obligations of the City under this Agreement including, but not limited to, the funding of the transportation improvements set forth in Section 1 of this Agr~#ement. (9) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of public roads, streets, and alleys as necessary for construction and maintenance of said public improvement. (10) CLOSE AND VACATE STREETS: The City shall duly close and vacate all city streets or roads, or parts thereof, which may be necessary t4 permit the construction of the project in accordance with the detailed plans. Whehever during construction the Commission deems it necessary to close any street or road permanently or temporarily, the City shall be advised in time to make provisions for the diversion and rerouting of traffic. (11) LIGHTING: The installation, operation, and maintenance by the Commission of any lighting system on the public improvement J411709 and J411709A covered by this Agreement shall be only in accordance with the Commission's policy on highway lighting in effect at the time of any such installation and only to the extent the Commission then deems warranted. No street lighting system shall be installed or maintained by or for the City on the improvement within Commission owned right-of-way without approval of the Commission. (12) TRAFFIC CONTROL DEVICES: The installation, operation and ma rovement J411709a ands'J4111709A,Vencludingathose ~ between thedhighways and p -6- intersecting streets shaelrate, ordma stain aniy traffic s gnia s, signshor other t afiFc cost of City shall not install, op oint where they intersect devices on the highway or on streets and highways at any p this highway without approval of the Commission. (13) DRAINAGE: The Commission will construct drainage faciliti~~ along the improvement and may use any existing storm and surface water drainage fbcilities now in existence in the area. The City shall be responsible for receiving and disposing of storm and surface water discharged from thoseri ht of-wa tocthe extent of the Commission constructs within the limits of highway g Y City's authority and control of the storm sewer facilities or natural drainage involved. (14) MAINTENANCE: (A) Except as provided in this Agreement, upon completion of the public improvement, the Commission will maintain all portions of the improvement within the Commission owned right-of-way. Maintenance by the Commission shall not in any case include maintenance or repair of sidewalk Qo sborm sewersa(exc lept thoseestorm or used in place, water supply lines, sanitary owned utilities within sewers constructed by the Commission to drain the highway), city- the right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the highway. (g) When it is necessary to revise or adjust city streets, the right-of-way acquired for these adjustments and connections will be deeded to the City. (C) The City shall inspect and maintain the sidewalks and bikelpedestrian trails constructed by this prshall indemnnfytandrhoid the Commisson public and, to the extent allowed by law, harmless from any claims arising from the construction and maintenance of said sidewalks and bike/pedestrian trails. (15) COMMENCEMENT OF WORK: (A) Job No. J411709: After approval of the Access Justification Report and acquisition of the necessary right-of-way the Commission shall construct the highway in accordance with final detailed plans approved by the Federal Highway Administration (or as ~hof the FHWA)anThefobiigaltiontof the Commiss~onrrtowa d the City with the approva actual construction of the public improvroval of thelplans by theeFHWAnupon the alward of plans by October 21, 2005, upon app royal of the by the Commission of the contract for the construction, and upon the app award by the FHWA. (B) shalol construct the highwayangacco dancehw'i h 1'Inal detailed pans the Commission -7- approved by the Commission and City at such time as state and City funds are allocated to the public improvement in an amount sufficient to pay for the stare and City government's proportionate share of construction and right of way costs. The obligation of the Commission toward the actual construction of the public improvement shall be dependent upon the award by the Commission of the contract for the constrtiaction, and upon the approval of the award by the Commission. (C) In the event that the Commission's likely favorable bid is twenty percent (20%) or greater in excess of the estimate submitted with the finel plans, the City shall notify the Commission within ten (10) calendar days as specified within this document that they do not concur with the award of the project, therefore waiving their obligation to participate in the award of the project through that particulaf bid letting. The Commission shall not be obligated to solicit bids more than twice for the project. (16) RESTRICTION OF PARKING: Since the improvement is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, the City shall take whatever actions that are necessary- to prevent parking upon the highway or any part of the area of the highway right-of-why within the limits of the improvement (J411709 and J411709A). (17) OUTDOOR ADVERTISING: No billboards or other advertising signs or devices or vending or sale of merchandise will be permitted within the right-mf-way limits of the project and the City shall take whatever actions that are necessary to .enforce this paragraph. (18) WITHHOLDING OF FUNDS: In the event that the City fails, ineglects, or refuses to enact, keep in force or enforce ordinances specified or enactsi ordinances contrary to the provisions in this Agreement, or in any other manner fails, neglects or refuses to perform any of the obligations assumed by it under this Agreement, the Commission may, after serving written request upon the City for compliance and the City's failure to comply within thirty (30) days, withhold the expenditure of flarther funds for maintenance, improvement, construction, or reconstruction of the state highway system in the City. (19) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into subject to approval by the Federal Highway Administration, and is further subject to the availability of federal and state funds for this construction. (20) INDEMNIFICATION: To the extent allowed by law, the City shall be responsible for injury or damages as a result of any services and/or goods rendered by or through the City under the terms and conditions of this Agreement. In addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the City's performance under this Agreement, the City assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and, to the extent allowed by law, to -s- 1, „. r R.. ~ .. indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The City also agrees to hold harmless the Commissian, including its agents, employees and assigns, from any wrongful or negligent act pr omission committed by any subcontractor or other person employed by or under they supervision of the City for any purpose under this Agreement, and, to the extent allowed by law, to indemnify the Commission, including its agents, employees and assigns,..'from every expense, liability or payment arising out of such wrongful or negligent act or omission. (21) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment. signed and approved on or between the duly authorized representatives of the City and Commission. (22) COMMISSION REPRESENTATIVE: The Commission's District 4 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. (23) CITY REPRESENTATIVE: The City's City Administrator is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. (24) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (~) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: (B) David Blackburn City of Riverside, City Administrator 2950 NW Vivian Road Riverside, Missouri 64150 Facsimile No: (816) 746-8349 With required copy to: John McClelland City Attorney Armstrong Teasdale, LLP 2345 Grand Blvd., Suite 2000 Kansas City, MO 64108 -9- i f . , .. r A1. To the Commission: Beth Wright, P.E. District Engineer MoDOT -District 4 600 NE Colbem, Lee's Summit, MO 6J4086 Phone No. (816) 622-6500 Facsimile No: (816) 622-6323 i or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (25) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commissian. (26) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missoun. The City shall comply with all local, state and federal laws and regulations relating to the performance of the contract. (27) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (28) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the City. (29) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on beha4f of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (30) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (31) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this 2~+~ day of SeptT ~~^ . 200 Executed by the Commission this ~ ~ day of ~=~~ ~- - ~ 20~ MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Chief Engineer -~ o- CITY OF RIVERSIDE By ~..Gv~- r Title ATTEST: - -: -~ ---- ~. ~1 ~~~ ~ , ecretary-tn 1~e'Gorfiir~iss~~ _. Approved as to Form:;,: ~'^ Counsel Title ~~~~ ATTEST: By Title ~ ..- Approved ~s to Form: Title: G: f .. N' rtm" K t ~. - Ordinance No 2 ~ S ~' 9S -11- 1, i .. 1 Ri. i x U H W Y N Z O F- Q U O J N F- U W O a aw H~ m_ v 2~ x ~' W N Q li. Z H Z W a a J W W N Z O N N ° I m = ,o z i o JO ~Z < H KW W~ OKW ~ ~ 3 QQ O pK Q .Qx W mW~ ~ W Q ¢ N WC c ~a cox Zvi . wTdX J '0 Z o, Wa .O 4 ~ z~ .G W~Q O URY U ~ ~~ O Q2 ~ : ZWC Q ~ y QW ~ oI ?' 0 N~ <CN Q Y KOO U ZI ~ 6~ 0 ~ OZ= OJNW ~ .. ~ ~ .. V Q ~ UQ .K ~ ~ Z ZO < Z7N aN O 4 r ~ .. <d O aF < y..« U ay ' d ~ 6p y, ~ OJ O oLLV R V ~ Y VZJ J U < W W ZO LL = ~ ~W CC v Z ,, Z y '~ Q J p p Q Q I-O O O V ua'' ~ x $ wi WVZZIa ~-O a W2Q _ N p~4Q W ~ m O OOJ d 7V ULL'J Z 7V1~ N 2~ZW y W1 O , VRX ~ Z04 W ? ZLLS ~-LL4K Z U ~0 p O x ~. ~ a z EXHIBIT B Summary of City/MoDOT Costs Split Route I-635/9/Horizons Parkway Job Nos. J411709, J411709A and City Project Platte County Description J411709 Actual Construction J411709 Construction Administration 7%) J411709 Contingencies (3%) J411709 Utility Adjustments Costs J411709 Subtotal City Commission Total Responsibility Responsibility C~ 6,200,000.00 5, 00,000.00 11,200; 00.00 784,000.00 336,000.00 0.0 ,000.00 0.00 6,580,000.00 5,784,000.0 12,364,000.00 (JANUARY 2008 Letting) J411709A Actual Construction J411709A Construction Administration (7%) J411709A Contingencies (3%) J411709A Utility Adjustments Costs J411709A Subtotal Total City Deposit to Local Fund 3,55 ,000.00 3,000,000.00 6,55 ',000.00 59,000.00 197,00 .00 0.00 649,000.00 0.00 ,4 1,000.00 3, 9, 00.0 7,86 •000.00 C:\Documents and Settings\swilliam\Local Settings\Temporary Internet Filesl0LKA9\Exhibit B (Summary City-M9D0~ 005 cost split) costs added.xls ~. ~ r R,. t I hereby oetti(Y that the above and foregdng is a true and canplete Dopy of the origkrd ke~wr~errt 8s K appears on t9e ~ my otltce ~r )• County Platte Route I-635 Job No. J411709 Tract No. P34 TRUSTEE'S SPECIAL WARRANTY DEED L, THIS AGREEMENT, made this ~~D day of January, 2006, by and between Loretta D. Riss, successor trustee to Robert B. Riss, Trustee U/UT dated 6115190, Created by Robert B. Riss, Grantor, of the County of Platte, and State of Missouri, arhd the STATE OF MISSOURI, acting by and through the MISSOURI HIGHIJVAYS AND TRANSPORTATION COMMISSION, 600 Northeast Colbern Road; Lee's Summit, Missouri 64086, Grantee. Grantor, in consideration of the sum of Three Hundred Thirty Five Thousand Seven Hundred Fifty AND N0/100 DOLLARS (~335,7l:10.00), to be paid by the Missouri Highways and Transportation Commission, the receipt of which is hereby acknowledged, does hereby SELL and CONVEY to Grantee the property described in this deed. Grantor sells and conveys to the Missouri Highways and Transportation Commission the following described real estate and interest in real estate in the County of Platte, State of Missouri: A tract of land for permanent right-of--way purposes that is described from and related to the following defined centerline of I-635, lying in fractional Sections 7 and 8, T50N, R33W, in Riverside, Platte County, Missouri, all bearings are referenced to the Missouri State Plane Coordinate System, 1983, West Zone, said defined centerline being more particularly described as follows: 1-635 CENTERLINE DESCRIPTION - Commencing at a found 1-1/2 inch diameter pipe at the Northwest Corner of the Northeast Quarter of fractional Section 7, T50N, R33W, per certified land J(~c2,K s u ; ~', {y, d31 ~7 ~, ~ /Q ~ ;~ ~ 11-Ol-OS/plt/1709/tr p64/rissp34gwd/dab D602/503570 0000/7016497.2 ~. ~ r R., i corner Document Number 600-61554; thence South 00° 20' 45" West along the west line of the Northeast Quarter of said fractional Section 7 and along the southerly prolongation of said west line, a distance of 4692.29 feet to the point of beginning of said defined centerline, at 1-635 centerline tation 12+28.03; thence North 27° 10' 29" East, a distance of 1008.97 feet t I-635 centerline Tangent to Spiral Station 22+37; thence Northeasterly alon a 300 foot spiral curve to the right, with an "X" distance of 299.81 feet al ng the main tangent and a "Y" distance of 7.85 feet offset from the main tangent, to 1-635 centerline Spiral to Curve Station 25+37; thence Northeasterly along a 3° curve to the right having an interior angle of 60° 03' 59" and a radius of 1909.86 feet, for an arc distance of 1702.21 feet to I-635 centerline C~lrve to Spiral Station 42+39.22; thence easterly along a 300 foot spiral curve to the right, with an "X" distance of 299.81 feet along the main tangent and a "Y" distance of 7.85 feet offset from the main tangent, to 1-635 centerline Spiral to Tangent and Equation Station 45+39.22 back equals 1-635 cehterline Station 45+05.7 ahead; thence North 87° 14' 28" East, a distance of'330.10 feet to a point at 1-635 centerline Station 48+35.80 on the west line of the Northwest Quarter of fractional Section 8, T50N, R33W, said point bears North 00° 19' 39" East, a distance of 57.37 feet from a found 1/2 inch iron bar per certified land corner Document Number 600-63115 at the Southwest Comer of the Northwest Quarter of said fractional Section 8 and beam South 00° 19' 39" West, a distance of 2574.20 feet from a found 3/4 inch iroln bar in monument box per certified land corner Document Number 600-615515 at the Northwest Comer of said fractional Section 8; thence continuing North 87° 14' 28" East along said defined centerline of 1-635, a distance of 16641.20 feet to end I-635 centerline Station 65+00, hereafter referred to as point "A", at said point "A" the 1-635 centerline ends at Station 65+00, and from skid point "A" the Northbound 1-635 baseline is offset 30.00 feet right and begins at Station 65+00, and from said point "A" the Southbound 1-635 baseline is offset 54.00 feet left and begins at Station 65+00; both northbound and southbound baselines being further described as follows: NORTHBOUND 1-635 BASELINE DESCRIPTION - Commencing at the aforesaid point "A" at end 1835 centerline Statiom 65+00; thence South 02° 45' 32" East, a distance of 30.00 feet to the point of beginning of Northbound 1-635 baseline at Station 65+00; thence North 87° 14' 28" East, a distance of 918.61 feet to Northbound 1-635 Tangent nto Spiral Station 74+18.61; thence northeasterly along a 350 foot spiral curve to the left, with an "X" distance of 349.60 feet along the main tangent and a "Y" distance of 12.46 feet offset from the main tangent, to Northbound I-635 Spiral to Curve Station 77+68.61; thence northeasterly along a 3° 30' curve to the left having an interior angle of 75° 57' 51" and a radius of 1637.02 feet, for an arc distance of 1895.40 feet to Northbound 1-635 Curve to Spiral Station 96+64.01, from which a found chiseled "+" in top of a 61/2 inch concrete filled pipe, per certified land corner Document Number 6010-41592, 2 DB02/503570 0000/70164971 11-Ol-OS/p1d1709/tr p34/rissp34gwd/dab at the North Quarter Comer of fractional Section 8, T50N, R33W, bears North 53° 35' 13" West, a distance of 2019.42 feet. SOUTHBOUND 1-635 BASELINE DESCRIPTION - Commencing at the aforesaid point "A" at end 1-635 centerline Station 65+00; thence North 02° 45' 32" West, a distance of 54.00 feet to the point of beginning of Southbound I-635 baseline at Station 65+00; thence Nortlh 87° 14' 28" East, a distance of 844.27 feet to Southbound 1-635 Tangent to Spiral Station 71+44.27; thence northeasterly along a 350 foot spiral curve to the left, with an "X" distance of 349.60 feet along the main tangent and i a "Y" distance of 12.46 feet offset from the main tangent, to southbound I I-635 Spiral to Curve Station 74+94.27; thence northeasterly along a 3° 30' curve to the left having an interior angle of 72° 55' 16" and a radius of 1637.0 feet, for an arc distance of 1808.46 feet to Southbound 1-635 Curve to Spiral Station 93+02.73, from which a found chiseled "+" in top of a 6-1/2 inch concrete filled pipe, per certified land comer Document Number 600-41592, at the North Quarter Corner of fractional Section 8, T50N, R33W, ~ bears North 47° 30' 46" West, a distance of 1793.65 feet. The above Centerline and Baseline descriptions being referred to herein for purposes of conveyance by Grantor to Grantee of the following described property: All that part of Grantor's real property and real property rights and interest to the extent located in a limited access tract of land located in fr~lctional Section 7, T50N, R33W, in Riverside, Platte County, Missouri, lying within the widths on the left or northerly side of the above described 1-635 centerline to wit: Beginning at a width of 195.00 feet at Station 36+00.00; (thence increasing along a straight line to a width of 210.00 feet at Station 39i*75.00; thence increasing along a straight line to a width of 350.00 feet at I Station 44+50.00; thence increasing uniformly to a width of 455.00 feet at Station 47+75.00; thence an even width of 455.00 feet to Station 511+10.00; containing 165,916 square feet (3.8089 acres), more or less, of land. Also, all abutter's rights of direct access between the highway now kmown as I-635, ramp no. 1 and grantor's abutting land in the E1/2 of fractionallSection 7, T50N, R33W, Riverside, Platte County, Missouri. SUBJECT TO: (a) easements, restrictions, declarations, reservations, agreements, instruments and other matters of record, if any; (b) taxes and assessments, general and special, not now due and payable; and Qc) rights of the public in and to the parts thereof in streets, roads or alleys. TO HAVE AND TO HOLD the premises aforesaid, with all and singular, the rights, 3 11-Ol-OS/p1d1709/tr p34/rissp34gwd/dab DB02/503570 0000/7016497.2 ~. ., .. r ~.. i . privileges, appurtenances, and immunities thereto belonging or in anywiseappertaining unto the said Grantee; the Grantor, as trustee, her successors intrust and assigns, hereby covenanting that the said premises are free and clear from any encumbrance done or suffered by her, as trustee; and that as trustee, she will warrant and defend tNe title to said premises unto Grantee, its successor and assigns, against the lawful claims ~lnd demands of all persons claiming through or Grantor, as trustee, except as herein provided. Said property was formerly owned by Robert B. Riss, Trustee U/UT dated 6115190, Created by Robert B. Riss, with his wife Loretta D. Riss named as succesk;or trustee in the event of his death; and that said Robert B. Riss died the 1'~ day of Julyi 2005, in the County of Wyandotte, State of fCansas, and that said Robert B. Riss and Loretta D. Riss were never divorced. Whereas, Loretta D. Riss is the successor trustee under the certain trust indenture of the Robert B. Ries, Trustee U/l/T dated 6/15190, Created by Rob®rt B. Riss, A/KIA Robert B. Riss Revocable Trust, and not individually pursuant to the provisions of the "Trust Agreement"; and whereas, the said trust indenture is in full force and effect and has not been revoked, amended (other than by First Amendment to Indenture of Trust dated July 10, 1990), or terminated and the party of the first part is presently the dilly appointed, qualified, and acting trustee under the aforesaid trust indenture; and whereas, pursuant to the provisions of said "Trust Agreement", Loretta D. Riss has determined that, in her best judgment and care under the present circumstances, it is in the best interest) of the trust to sell the real estate hereinafter described. IN WITNESS WHEREOF, the said Grantor executed the above theiday and year first above written. Loretta D. Riss, successor trustee to Robert B. Riss, Trustee U/I/T cjated 6/15190, Created by Robert B. Riss By: ~i~c~C;Ew •r~_ ~_ L retta D. Riss, successor trustee a DB02/503570 0000/7016497.2 11-O1-OS/p1d1709/tr p$4/rissp34gwd/dab i. ~ ., .. Y R.. 1 ACKNOWI~.EDGMENT BY TRUST STATE OF MISSOURI ) ss COUNTY OF JACKSON 1 On this ~~f~`day of nua.r , 2001'0, before me appeared Loretta D. Riss, personally known to me, who bein by me duly sworn, did say that she is the Successor Trustee of the Robert B. Riss Trustee UdUT dated 6/15/90 Created by Robert B. Riss and that the foregoing instrument was signed and sealed one behalf of said trust by authority of its Declaration of Trust, and that she acknowledged said instrument to be the free act and deed of said trust and that it was exeouted for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affi~ced my official seal in the county and state aforesaid the day and year written above. C~ Notary Public Print:.C/'i ~ G,. / `1.a~,~p Sam;,, ERIC G. T~OMPSON Notary Public -Notary Seal State of Missoun County of Jackson My Commission Expires: M commission Ex . os l s DB02/503570 0000/7016497.2 11-01-OS/plt/1709/tr ~34/rissp34gwd/dab ,~, l ~ ~~. y ..