Fillable Agreement to Place Improvements in a Public Road (City of Parkville)

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Agreement to Place Improvements in a Public Road (City of Parkville)

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CITY OF PARKVILLE ▪ 8880 Clark Avenue ▪ Parkville, MO 64152 ▪ (816) 741-7676 ▪ FAX (816) 741-0013
Agreement to Place Improvements in a Public Road Right-of-Way
Road Name: _______________________________________________________________
Parcel #: ___________________________ Address: _________________________
THIS AGREEMENT, executed this _____ day of ____________________, 20____ by and
between THE CITY OF PARKVILLE, MISSOURI, a _______________, hereinafter referred to
as “City” and _____________________________ hereinafter referred to as “Owner”.
WITNESSETH:
WHEREAS, City is in possession of real property more particularly described as road right-of-
way for _____________________ (street name) located adjacent to the Owners’ property; and
WHEREAS, Owner desires to place improvements in a portion of City right-of-way adjacent to
Owner’s property, said improvements being described as follows:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________________ ; and
WHEREAS, applicable land development codes require an agreement to relocate all
improvements onto Owners’ property, if the City right-of-way is no longer available for that use
at the discretion of the City;
NOW THEREFORE, it is hereby agreed by the parties as follows:
THE OWNER AGREES:
1. To obtain a Right-of-Way Encroachment/Utility Permit for any installation of improvements
from City Public Works.
2. To relocate all existing improvements on the City right-of-way onto Owner’s property, at
Owner’s expense, when City determines said right-of-way is required for roadway
purposes. Said relocation shall occur within ninety (90) days of written notice by City to do
so.
3. To not hold City liable for the condition, health, or maintenance of the improvements
located on City’s right-of-way, and be solely responsible for the maintenance of the
improvements located within the right-of-way, and to protect any existing utilities.
4. In the event City Public Works or other governmental agency, or public or private utility
desires to install any improvements or perform any maintenance within the right-of-way
affected by said improvements, the work and cost to remove or repair said improvements,
Application #: ________________
Date Submitted: ______________
Date Approved: ______________
Page 1 of 3 Last Updated March 10, 2013
Application #: __________________
within 30 days of the date of written notice to do so by the City, shall be borne by the
owner of the property described herein, and
5. To hold City harmless for any damages to the improvement within said City right-of- way
as a result of City’s on-going roadway maintenance operations.
6. That in the sole judgment of the City Engineer, said improvements shall not cause or
increase a hazard of any type; shall not prevent free and easy access to any public or
private utilities; and shall not cause or encourage a nuisance of any type.
7. That said improvements shall not violate any ordinance, policy or statute of City or the
State of Oregon.
8. That if, for any reason, Owner ceases to use City’s real property for improvements, or
abandons the improvements located thereon, Owner thereby relinquishes all claims to
improvements and use of the real property.
9. That if Owner fails to carry out provisions of the Agreement, in the judgment of City, or City
has un-reimbursed expenses resulting from such failure, Owner shall be liable to City for
the cost and expenses incurred by City.
10. That the terms of this Agreement are binding upon the Owner of the property described
herein including any heirs, successors, or assigns.
THE CITY AGREES:
1. To allow the use of said right-of-way for improvements as defined in this Agreement.
ADDITIONAL TERMS AND AGREEMENTS:
Each of the covenants or agreements herein shall be binding upon all successors in interest of
each of the parties. Whenever used, the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
Page 2 of 3 Last Updated March 10, 2013
Application #: __________________
IN WITNESS WHEREOF, the parties have executed this Agreement or have caused the same
to be executed by its representatives there unto duly authorized.
Agreed to: Approved by:
___________________________________
Property owner, printed name
___________________________________ _________________________________
Property owner, signature Kirk Rome, Public Works Director
Date: ______________________________ Date: ____________________________
State of Missouri )
) ss.
County of )
On this ______ day of __________________________, 20____, before me, the undersigned
notary public, personally appeared ___________________________________, known to me to
be the person(s) described in and who executed the foregoing instrument, who after being duly
sworn upon his/her/their oath, deposed, stated and acknowledged the above, and executed the
same as his/her/their free act and deed.
In testimony whereof, I have hereunto set my hand and affixed my official seal the date and year
first above written.
_____________________________
Notary Public
My Commission Expires: _______________________
Checklist of required submittals
At the time of application three (3) copies of the following items must be submitted for review
and comment by the Public Works Director.
Completed application including all information requested herein.
A scaled drawing showing the subject right-of-way and improvements.
Any other supporting materials necessary to clarify and justify the request.
Authorization signature of the owner of record of the property.
For City Use Only
Application accepted as complete by:
Name / Title: _________________________________________ Date: ____________________
Signature: ___________________________________________________________________________
Action taken: Approved Approved with Conditions Denied
Date: __________________________________ Ordinance #: ___________________________
Special conditions if any: _______________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Date recorded by the Platte County Recorder of Deed’s Office: _________________________________
Book and page #s: ____________________________________________________________________
Page 3 of 3 Last Updated March 10, 2013
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Agreement to Place Improvements in a Public Road (City of Parkville)

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Completed 19 January 2021

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