HomeMy Public PortalAboutORD12872 t
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y b. BILL NO. 98"-146 �
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SPONSORED BY COUNCILMAN Haake
ORDINANCE NO. $
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
' MAYOR AND CITY CLERK TO EXECUTE A UTILITY AGREEMENT WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FORTHE RELOCATION
OF A SANITARY SEWER MAIN RELATED TO THE ROUTE 179 PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a Utility
Agreement with the Missouri Highway and Transportation Commission for the relocation
of a sanitary sewer main related to the Route 179 Project.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
!- ��- `?9 roved:
Passed. Approved:
Presiding Officer Mayor
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ATTEST: APPROVED AS TO FOR
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Approved: 10/98 (RMH)
Revised }
Modified:
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION �
AGREEMENT FOR UTILITY EASEMENT �
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THIS AGREEMENT is entered into by and between the Missouri Highway and
Transportation Commission (hereinafter, the "Commission), and the City of Jefferson,
Missouri, (hereinafter, the "City"). !
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~ ' (1) CONVEYANCE: In consideration of One Dollar ($1.00) , receipt of.which
is acknowledged, and other good and valuable consideration, the Commission grants j
and conveys, without warranty of title expressed or implied, unto the City a permanent I
utility easement ("Utility Easement") on the Commission's property ("Commission's
Easement Property") as fully described in the property description in Exhibit A, which is 4
attached to this Agreement.
(2) EXPRESS PURPOSE OF EASEMENT:
(A) The City's use of the Utility Easement shall be specifically and 1
solely for the following purpose(s): For the City, its agents, employees and contractors, i
to excavate within, install, construct, maintain, repair and service a sanitary sewer and
manholes for the routing and conveyance of sanitary sewage in, under and through the
land described in Exhibit A located in the County of Cale, State of Missouri.
(B) In case the City shall abandon or otherwise; cease its use of any of
said,Easement premises for the purpose above mentioned or shall use such premises
for any other purpose than above mentioned, then the Commission, its successors or `ff
assigns, may declare this easement at an end and prevent the City from using or s
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' remaining upon said premises with or without process of law. The City shall not have
exclusive possession of said premises.
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}' T he City shall, at its sole cost and expense, maintain the Utility
Easement and all.facilities, lines, or structures necessary for the Utility Easement in
good order, condition and repair. All installation, maintenance, repairs, replacement or
cleaning of, and facilities, lines, or structures shall be (a) done expeditiously and
diligently until completion; (b) performed in such.a manner as to limit, as reasonably
practicable, any,use or occupancy with the Commission Property; and (c) done with full
restoration of any portion of the Commission Property disturbed to the condition
existing immediately prior to the installation.
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(B) To the Commission:
E Roger Schwartze, District Engineer
1511 Missouri Blvd., P.O. Box 719
Jefferson City, MO 65102
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Facsimile No: (573) 522-1059
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or to such other place as the parties may designate in accordance with this Agreement. E
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.
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(9) 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.
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(9) ASSIGNMENT: It is further agreed that neither the City, its legal
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representatives, successors or assigns, nor any subsequent assignee, shall assign this
Easement or any interest contained herein, without first securing the written consent of
{, the Commission in each instance. At the sole option of the Commission, this Easement
shall be terminated by any such unauthorized assignment, transfer or lease`lby any
assignment.or transfer by operation of law.
(10) SUCCESSOR OBLIGATION: It is further agreed that this'Easement shall
be binding upon the City and the legal representatives, successors and assigns-of the
City, and shall inure to the benefit of the successors and assigns of the Commission.
(11) COMMISSION'S RIGHTS TO CONVEY: The rights conveyed to the City
are granted only to the extent that the Commission has such right of conveyance under
the above-described Easement and no further.
(12) LIMITATION OF GRANT: In case of the eviction of the City by:anyone or
claiming title to or any interest in the premises, or because of failure of, defect in, or
j extinction of the Commission's title, the Commission shall not be liable to the City for
any"damages of any nature whatsoever.
(13) EXPIRATION. PERMANENT RIGHTS: It is further agreed that,upon the ►
J expiration of this Easement, or in came the City shall in any manner fail'to comply,with
`the. terms ,and conditions of this Agreement, the City shall, upon demand, without
notices, cease to use or remain .upon said Easement premises and shall =restore,said ' ri
Easement premises to substantially their former state, and in case the City shall fail
within.thirty (30)"gays after the,date of any such expiration, termination or demand to
make s�ich.restoration, then the Commission may at its election, restore said premises
for' the account and at the sole cost of the City, and the City agrees to promptly
reimburse the Commission the amount of such cost.
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(3) RESTRAINTS: The City shall not have exclusive possession of said
Commission's Easement Prop erty. The Commission, for itself, its successors and
assigns, lessees and licensees, reserves all other rights to said premises not {
inconsistent with the rights and easement herein granted,
(4) TRENCHES: The City covenants and agrees to promptly backfili any
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trench made by it on the Easement after each entry made by the City upon the
Commission's property. The City shall return the Commission's property surface to its
previous condition after each entry upon the Commission's property. The Commission
will provide prior written notification to the City regarding any changes to the elevation
of the surface of the Commission's Easement property.
(5) INDEMNIFICATION: The City shall be responsible for injury or damages
services and/or goods rendered under the terms and conditions of
as a result of any �e ,� t
this Easement. In addifiion to the liability imposed upon the City on the account of
personal injury, bodily injury, including death, or property damage, suffered as a result
s;< of the City's performance under this Easement, the City assumes the obligation to save
harmless the Commission, including its agents, employees and assigns, and to
indemnify the.Commission, including its agents, employees and assigns, from every t expense, liability or payment arising out of such wrongful or negligent act or omission,
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< including legal fees. The City also agrees to hold harmless the Commission, including
its agents, employees and "assigns, from any wrongful or negligent act or omission
committed b an subcontractor or other person employed by or under the supervision
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of the City for any purpose under this Easement, and to indemnify the Commission,
l including its agents, employees and assigns, from every expense, liability or payment
arising out of such wrongful or negligent act or omission.
' (6) COMMISSION'S LIABILITY: The Commission assumes no liability for f
injury to or death of persons or loss of or damage to property arising or growing,out of "
or which may be due, in any manner, to or in connection with'the City's use of the
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Easement property.
,. Ea P P ert Y �
(7) NOTICES: Any notice or other communication required or permitted to be
` hail be deemed given three (3) days.after
given hereunder shall be in writing and g
delivery .by United States mail, regular mail postage prepaid, or upon receipt by
personal or facsimile delivery, addressed as follows: l
(A) To the City:
City Clerk- City of Jefferson
320 E. McCarty Street
Jefferson City,MO 65101
Facsimile No: �T3 329 .
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(14) EFFECT OF TERMINATION: No termination or cancellation. of this x
illo Easement shall relieve or release the City from any liability or obligation (whether of
4:�P. indemnity or otherwise) which may have attached or accrued previous to or which may
be accruing at the time of such termination or cancellation.
(15) I.AVV OF MISSOURI TO GOVERN: This Agreement shall be construed
+ according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below. '
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Executed by the City this eday of , 1
Executed by the Commission this day of '
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MISSOURI HIGHWAY AND CITY OF JEFFERSON
} TRANSPORTATION COMMISSION
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By_ -R-r Ba'
S.Lee Kling
Print Name�f�0�✓�AS
Title Title `���tJ
Attest Attest:
Secretary to the Corr�rpission /�Z.�
Title C
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Commission Counsel_ .. 'Fo
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ACKNOWLEDGMENT BY CITY
STATE OF .�. )
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COUNTY OF
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► On this day of , 19 , before me appeared /
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&AA personally known to me, who being by me duly sworn, did say that
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he is the rt -( of the City of Jefferson and that the foregoing instrument
was signed and sealed on behalf of the City of Jefferson, and that he acknowledged
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said instrument to be the free act and deed of the City of Jefferson and that it was
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executed for the consideration stated therein,arid no other.
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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.
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ACKNOWLEDGMENT BY COMMISSION
' STATE OF
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COUNTY OF_ )
On this aaD PP
� before me appeared
7 day of �°
' S.Lee Kling
_ personally known to me, who being by me duly sworn, did say
that he is the ChEWO of the Missouri Highway and Transportation Commission
r+' and the seal affixed to the foregoing instrument is the official seal of said Commission
i_ and-that said instrument was signed in behalf of said Commission by authority of the
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,t Missouri Highway and Transportation Commission and said Lee Klink
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! acknowledged said instrument to be the free act and deed of said Commission.
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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. ,
Notary Public PATRICIA
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PATRICNA
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(' Exhibit A
Highway
Strips. of land 15.0 feet Nl
.wide across tracts of land conveyed to the Missouri i g hwa
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and Transportation Commission in Book 390, Page 916 and Book 378, Page 170, Cole
County Recorder's Office and being situated in the Southwest Quarter and Southeast
Quarter of the Northeast Quarter, Section 12, Township 44, Range 13 West, in the
County of Cole, Missouri. The centerline of said 15.0 foot strips being more particularly
described as follows:
From the Southwest Corner of Lot No. 1 of Ravenwood Subdivision per plat of record in
Plat Book 11, Page 284, Cole County Recorder's Office; thence easterly along the
south line of said Lot No. 1 and the northerly line of a tract of land conveyed to the
Missouri Highway and Transportation Commission in Book 390, Page 916, 146.26 feet,
to the beginning point of this centerline description; thence on the following courses
and distances: South 35 degrees, 05 minutes, 54.6 seconds East, 28.50 feet, to a
point designated as "Point A"; thence South 20 degrees, 09 minutes, 24.6 seconds !
East, 363.07 feet; thence South 32�degrees, 06 minutes, 40.6 seconds East, 296.66
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feet; thence South 84 degrees, 37 minutes, 50.6 seconds East, 157.20 feet, to a point
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designated as "Point B"; thence South 68 degrees, 07 minutes, 30.6 seconds East,
# 364.20 feet; thence North 82 degrees, 41 minutes, 38.4 seconds East, 400.0 feet;
thence North 25 degrees,,21 minutes, 21.4 seconds East, 328.03 feet; thence North 60
' degrees, 41 minutes, 31.3 seconds East, 317.61 feet, to the point of termination of this
description.. ;
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Also, from designated "Point A" described above; thence South 33 degrees, 42 I
minutes, 27.5 seconds West, 249.70 feet, to the point of termination of this description.
AI from designated "Point B" described above; thence North 5 degrees, 22 minutes,
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09.4 seconds East, 265.0 feet, to the point of termination. +
E , Also, from designated "Point B" described above; thence North 69 degrees, 28 minutes,
'! 08.5 seconds East, 234.0 feet, to a point designated as "Point C"; thence South 83
decrees, 46 minutes, 51.5 seconds East, 161.0 feet; thence North 46 degrees, 28
, minutes, 08.5 seconds east, 308.0 feet, to the point of termination of this description. y
;Also, from designated "Point C" described above; thence North 46 degrees, 40
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�rinutes, 08..5 seconds East, 284.0 feet, to the point of termination%Vh crip pn f:
, Also,: an easement of an even width of 15.0 .feet t4ppa-tho-i -�,tted-t ately„
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ad'acent .,to each side and extending the full I th I5► ebt�' 3 of land
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dcribecJ abode, for the initial construction and install ri $P�t[oned
ani tary sewer facilities; provided that this additional easpf�o and
terminate upon completion of,construction of said sanitary sewer facilities
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