Bill No. Ordinance No. Requested by: Craig TajkowskiSponsored by: Council as a Whole

AN ORDINANCE AUTHORIZING EXECUTION OF AROAD RELINQUISHMENT AGREEMENT BETWEENTHE COUNTY AND THE CITY OF ST. PETERS FORAN EXCHANGE OF EXCESS RIGHT-OF-WAYPARCELS RELATED TO THE PINEWOODSSUBDIVISION DRAINAGE IMPROVEMENTS ANDTHE SALT RIVER ROAD EXTENSION PROJECT

WHEREAS, the St. Charles County Charter, Article II, Section 2.516(2014), provides that the County Council may acquire realproperty in the name of the County by purchase, gift,donation or otherwise; and

WHEREAS, the St. Charles County Charter, Article II, Section 2.518(2014), provides that the County Council may dispose ofany real property owned by the County to politicalsubdivisions of the State of Missouri; and

WHEREAS, the City of St. Peters is the owner of a triangular parcel ofland located adjacent to the intersection of Thoele Roadand McClay Road in the City of St. Peters, which theCounty has a need to use for drainge improvements in thearea of the Pinewoods Subdivision; and

WHEREAS, St. Charles County is the owner of certain parcels ofexcess right-of-way along Salt River Road, one being

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near its intersection with Spencer Road in theunincorporated area of the County adjacent to the City ofSt. Peters boundaries, and one being near its intersectionwith Neptune Court in the City of St. Peters; and

WHEREAS, the City of St. Peters, Missouri and St. Charles Countydesire to exchange the ownership of these respectiveparcels of land and establish the terms and conditionsupon which the exchange shall take place; and

WHEREAS, the parties desire to reduce said terms, conditions andresponsibilities to writing; and

WHEREAS, Section 70.220 RSMo. authorizes an intergovernmentalagreement between political subdivisions for the purposesherein set out.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCILOF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS:

Section 1. The County Executive is hereby authorized to execute aRoad Relinquishment Agreement with the City of St.Peters for the exchange of real estate as described above.

Section 2. The agreement shall be in substantially the same form andcontent as that attached hereto and incorporated herein asEXHIBIT A.

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Section 3. Compliance with the terms of this Road RelinquishmentAgreement shall be the responsibility of the CountyEngineer.

Section 4. This ordinance shall be in full force and effect from andafter the date of its passage and approval and suchagreements shall be valid upon the passage of anordinance of the governing body of each governmentalentity entering into such agreement as required byChapter 70 of the Revised Statutes of the State ofMissouri.

DATE PASSED

DATE APPROVED BY COUNTY EXECUTIVE

CHAIR OF THE COUNCIL

COUNTY EXECUTIVE

ATTEST:

COUNTY REGISTRAR

Highway.Road Relinquishment Agreement with City of St. Peters for Pinewoods Subdivision Drainage Improvements.v2.4-17.B

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EXHIBIT A

ROAD RELINQUISHMENT AGREEMENT

This Road Relinquishment Agreement (the “Agreement”) is made and entered into as of the date of the last signature below (the “Effective Date”), by and between ST. CHARLES COUNTY, MISSOURI (hereinafter “COUNTY”) and the CITY OF ST. PETERS, MISSOURI, a municipal corporation (hereinafter “City”) (each a “Party” or collectively the “Parties”), upon the following terms and conditions:

WITNESSETH:

WHEREAS, Missouri Revised Statutes Sections 70.220 through 70.325, as

amended, authorize any municipality or political subdivision to contract and cooperate with any other municipality or political subdivision, for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a common service.

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 for the County and City to

each relinquish to the other portions of certain roadways.

(2) WORK TO BE PERFORMED: Prior to any relinquishment or conveyance of the herein described parcels or roadway, the County or City, as the case may be, shall perform the following work:

NONE

(3) LOCATION: The general location of each roadway or parcel of land to be conveyed is as follows:

a. A triangular parcel of land located adjacent to the intersection of

Thoele Road and McClay Road in the City of St. Peters, St. Charles County, Missouri, and described more particularly as shown on Exhibit A attached hereto;

b. A portion of certain right-of-way of Salt River Road near its intersection with Spencer Road, in an unincorporated portion of the County of St. Charles, Missouri, and described more particularly on Exhibit B attached hereto; and

c. A portion of certain right-of-way of Salt River Road near its intersection

with Neptune Court, in the City of St. Peters, Missouri, and described more particularly on Exhibit C attached hereto.

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(4) RELINQUISHMENT:

a. Within ninety (90) days of the Effective Date, the City, as grantor, shall convey to the County, as grantee, the parcel of land described on Exhibit A by a quitclaim deed releasing to the County any and all interest the City has in such property. The City makes no representations as to the state of title of such parcel of land, and it is incumbent upon the County to seek its own professional opinion as to the resulting state of title. The County hereby agrees to accept such deed from the City. The deed shall be filed by the County with the office of the Recorder of Deeds of St. Charles County, Missouri.

b. Within ninety (90) days of the Effective Date, the County, as grantor, shall convey to the City, as grantee, the parcels of land described on Exhibits B and C by a quitclaim deed releasing to the City any and all interest the County has in such property. The County makes no representations as to the state of title of such parcels of land, and it is incumbent upon the City to seek its own professional opinion as to the resulting state of title. The City hereby agrees to accept such deed from the County. The deed shall be filed by the City with the office of the Recorder of Deeds of St. Charles County, Missouri.

(5) CLAUSES IN THE DEEDS: The following clauses will be included in each

quitclaim deed:

a. The grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, that any utility facilities located as of the date hereof within the land described in this deed pursuant to permits issued by the grantor shall be permitted to remain on said land by the grantee in the same manner as if such facilities had been installed pursuant to permits issued by the grantee, subject to the ongoing right of the grantee to regulate its rights-of-way, including the right of the grantee to require relocation or removal of such facilities in accordance with applicable law.

b. This conveyance is subject to: (i) easements, restrictions, reservations,

and other agreements and matters of record, if any; (ii) taxes and assessments, general and special, if any, not now due and payable; and (iii) rights of the public in and to all streets, roads, or alleys, or parts thereof.

(6) MAINTENANCE BY GRANTOR: Prior to conveyance of the several

parcels, the County or the City, as the case may be, shall continue to maintain the parcels to be conveyed in the same manner as they have previously been maintained.

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Upon conveyance of a parcel by each Party to the other, such party’s responsibility to maintain the parcel shall cease, and such roadway will no longer be considered a part of the grantor’s roadway system.

(7) MAINTENANCE BY GRANTEE: Upon conveyance by the County or the

City, as the case may be, of each parcel, as of the date of execution of the quitclaim deed, the grantee thereof shall assume responsibility for maintenance of such parcel and any public improvements thereon, if any.

(8) FUTURE MAINTENANCE: After conveyance of each parcel to the

grantee, the grantor may agree to perform future maintenance to such parcel, however any future maintenance by the grantor shall only be by a separate written agreement between the grantor and the grantee. The cost of any such future maintenance performed by the grantor shall be identified by such separate written agreement but shall be the responsibility of the grantee.

(9) PARTY REPRESENTATIVE: The County Engineer and the City

Administrator are hereby designated as the representatives of the County and City, respectively, for the purpose of administering the provisions of this Agreement. Each party may designate another representative, by written notice to the other, of any other person having the authority to act on behalf of such Party in furtherance of the performance of this Agreement.

(10) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed in

accordance with the laws of the State of Missouri, and each Party shall comply with all state and federal laws and regulations relating to their performance of this Agreement.

[Remainder of Page Intentionally Left Blank. Signature Pages to Follow.]

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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date last written below. Executed by County this _______ day of _________________, 2017.

ST. CHARLES COUNTY, MISSOURI By: _____________________________

Steve Ehlmann, County Executive

Approved by Ordinance No.: _________

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Executed by the City this ______ day of ______________, 2017.

CITY OF ST. PETERS, MISSOURI By: ______________________________ Len Pagano, Mayor Approved by Ordinance No.: __________

Exhibit A page 1

Exhibit A

Exhibit A page 2

Exhibit B page 1

EXHIBIT B

Exhibit B page 2

Exhibit C page 1

EXHIBIT C

A tract of land being part of U.S. Survey 1786, in Township 47 North – Range 4 East, St. Charles County, Missouri, and being more particularly described as: Commencing at the East corner of the land thereof recorded in Deed Book 2711 Page 269 of the St. Charles County Records, thence along a curve to the left having a radius of 600.00 feet an arc distance of 205.80 feet having a chord length of 204.79 feet and a chord direction of South 34 degrees 52 minutes 12 seconds West to a point; thence South 27 degrees 26 minutes 24 seconds West a distance of 122.72 feet to a point; thence North 62 degrees 22 minutes 45 seconds West a distance of 588.44 feet to a point; thence North 49 degrees 34 minutes 10 seconds East a distance of 350.54 feet to a point; thence South 62 degrees 28 minutes 00 seconds East a distance of 482.87 to the Point of Beginning. The described tract contains 171,501 square feet or 3.94 acres more or less.

Exhibit C page 2