HomeMy Public PortalAboutORD11143 BILL NO. 88-125
SPONSORED BY COUNCILMAN WOODMAN
ORDINANCE NO. ///V{f
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE UTILITIES EASEMENTS TO UNION
ELECTRIC COMPANY, UNITED TELEPHONE COMPANY, AND T.C.I. CABLEVISION,
INC. FOR THE CAPITAL DISTRICT-REGIONAL WEST, DOWNTOWN
UNDERGROUNDING PROJECT AND TO EXECUTE THE NECESSARY DOCUMENTS
CONNECTED THEREWITH.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Jefferson,
Missouri, are hereby authorized to execute the utilities easements
to Union Electric Company, United Telephone Company and T.C.I.
Cablevision, Inc. , for the Capital District-Regional West, Downtown
Undergrounding Project and to execute any documents necessary
related thereto.
Section 2 . The easements shall be substantially the same in
form and content as those easements attached hereto as exhibits 1
and 2.
® Section 3. This Ordinance shall be in full force and effect
from and after its passage and approval.
Passed ,acs. - Approved /!Fr-
M I e6��!7e_e�2:; W�'d
esi ' Officer r
ATTEST:
J
City Clerk
Y
U"l
RIGHT-OF-WAY AGREEMENT
For and in consideration of the sum of one & 00/100
($ 1.00 )DOLLARS in hand paid by UNITED TELEPHONE COMPANY OF Missouri
a Missouri ___ corporation,mailing address, 311 Ellis Blvd. . Jefferson City,
Missouri 65101 ,the receipt of which is hereby acknowledged, City of Jefferson, Missouri
am WAMON, hereinafter called Grantors, do hereby grant to UNITED
TELEPHONE COMPANY OF Missouri ,hereinafter called Grantee,its successors or assigns,the
right at any time or times to construct,maintain,inspect,operate,protect,repair,replace,change the size of and
remove telephone pokmpgum lines, wires and appurtenances(including necessary communication and control
facilities),equipment for communication and the transmission of messages and energy '
with the right of ingress and egress at convenient
points to and from said described facilities,or any of them,for the purposes aforesaid,on,over,along and through
certain lands situate in the County of Cole and State of Missouri , and
described as follows:
The easement is described as follows: see attached survey "Exhibit A"
Grantors, their heirs or assigns, may use and enjoy the said premises except that said Grantors,their heirs or
assigns,covenant not to interfere,nor permit others to interfere,in any manner whatsoever with the rights herein
given Grantee,its successors or assigns.Grantee may trim,cut or spray trees,brush and other vegetation for the
protection of its equipment located in or on the right of way.
All damage to crops,fences,drain tile,buildings,and other improvements,on said premises,which Grantors may
sustain by reason of Grantee's exercise of aforesaid rights,shall be paid for within a reasonable time after such
damage is sustained.If the amount of said damage which Grantors may sustain by reason of Grantee's exercise of
aforesaid rights cannot be mutually agreed upon, the same shall be ascertained and determined by three
disinterested persons,one thereof to be appointed by the owner of the premises,one by Grantee,and the third by
the two so appointed by the aforesaid, the award of two of such persons being final and conclusive.
This agreement shall be binding upon,and inure to the benefit of,all Grantors signing,despite the failure to sign
of any named Grantor.
CITY OF JEFFERSON, MISSOURI
ATTEST:
Bw
y
BRENDA M. CIRTIN (City Clerk) LO G NER ( ayor)
STATE OF MISSOURI )
SS.
COUNTY OF COLE )
On this hk�tk day of 198$ , before me
a Notary Public in and for said County and State—atoresal—d, personally
appeared LOUISE GARDNER to me personally known, who, by me
duly sworn, did say that she i the Mayor of the City of Jefferson;
and that the seal affixed to the foregoing instrument is the city
seal of said City and that the said instrument was signed and sealed
in behalf of said City by authority of its City Council; and the said
LOUISE GARDNER acknowledged said instrument ,t;d be the
free act and deed of said C ty.
i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
BONNIE K. SCHRODER. NOTARY PUBLIC
COLE COUNTY, STATE OF MISSOURI
My Commission expirePy COMMISSION EXPIRES 411619;
T Notary Publ c
CENT � AL MIS81OURI PROFESSIONAL SERVICES, INC.
2S00 f ASY MCCAR Y • JEFFBRFON CITY.MISSOURI 65101 • (314)634-3453
EnglnQSSiaE • Sury:y(np
Test Drilling • Soil Testing
.�> _
' SCALE-:
aC( , o
W a
k
t I
I h I t N 0 O04 ^ iN �1
I �I bI S47.3/24E
0 5'4 �3/• �- I r
447
I4a/s' /s.44' I I
2747 /%2"/� sa °3/Y2'E' • � 1
i i ;y O N¢>'3/'/2 i�Y ; l3Gr8B• � �
'a��
kQ
-� r----------------r-t----------_--_---------
i
1 I 1 +
I l
1 .
I , LARRY Y. BRICKEY, do hereby certify this to be a true and exact copy of
a survey, made under my personal direction, during the month of September,
1988, regarding a part of Inlots 468 and 469, in the City of Jefferson,
County of Cole, Missouri .
Larry V. Br ckey, Ma. R.L. 81188
"EXHIBIT All
Sheet 1 of 2
� � w
Part of Inlot Nos. 468 and 469 in the City of Jefferson, Cole County,
Missouri , more particularly described as follows:
From the Southwesterly corner of said Inlot No. 468; thence N42.08125"E,
along the westerly line of said Inlot No. 468, 50.20 feet to the POINT OF
BEGINNING for this description; thence continuing N42 008'25"E, along the
westerly line of said Inlot No. 468, 30.06 feet to the southwesterly
corner of a tract described by deed of record in Book 284, Page 76, Cole
County Recorder' s Office; thence S47 031 '24"E, along the southerly line of
said tract and along the southerly line of another tract described by deed
of record in Book 298, Page 248, Cole County Recorder' s Office, 64.58 feet
to the westerly line of another tract described by deed of record in Book
181 , Page 345, and Book 218, Page 632, Cole County Recorder's Office;
thence S42 007148"W, along the westerly line of said tract 10.04 feet to
the southwesterly corner thereof; thence S47031118"E, along the southerly
line of said tract, 40.13 feet to westerly line of another tract described
by deed of record in Book 279, Page 830; thence S42 007'25"W, along the
• westerly line of said tract, 10.04 feet to the southwesterly corner
thereof; thence S47 031 '12"E, along the southerly line of said tract, 18.44
feet to the southeasterly corner thereof; thence N42°07'04"E, along the
easterly line of said tract, 20.07 feet to the southwesterly corner of
another tract described by deed of record in Book 271 , Page 854, Cole
County Recorder' s Office; thence S47°31 '24"E, along the southerly line of
said tract and along the southerly line of other tracts described by deed
of record in Book 252, Page 12, and Book 272, Page 249, Cole County
Recorder' s Office, 61 .19 feet to the westerly line of a tract described by
deed of record in Book 303, Page 362, Cole County Recorder' s Office;
thence S42 006139"W, along the westerly line of said tract and along the
southerly extension thereof, 80.31 feet to a point on the southerly line
of Inlot No. 469; thence N47 030'35"W, along the southerly line of said
Inlot No. 469, 10.00 feet; thence N42 006139"E, 50.23 feet; thence
N47 031 '12"W, 136.88 feet; thence S42 008'25"W, 25.20 feet; thence
N47 030'35"W, 10.00 feet; thence N42 008'25"E, 25.20 feet; thence
N47 031 '12"W, 27.47 feet the POINT OF BEGINNING.
Containing 5524.79 square feet.
"EXHIBIT All
Sheet 2 of 2
RAF -- —
TCI CABLEVISIONt INC.
1419 Missouri Floulevnrd,P.o.F►ox I5n7,Je11Prsnn C11y,Mlssnurl n5102
(314) 635.0245
RIGHT OF WAY AGREEMENT
'Phis agreement entered into between 'rcl Cablevision, Inc. ,
with its principal place of business located at 1419 Missouri
Blvd. , Jefferson City, Missouri, 65102( hereinafter referred to
as "TCI" ) and City of Jefferson, Missouri
(hereinafter referred to as "owner" ) .
In consideration of the mutual covenants , benefits and
promises set out herein, the parties mutually agree as follows :
TCI is the holder of a municipal franchise for the con-
struction and operation of a cable L-elevision system within
the City of Jefferson.
Owner is the owner of real estate located within the city
of Jefferson
NRXWR§= described as follows: See attached survey "Exhibit A".
address wherein
some or all of the tenants/home owners in the within property
are or maybe desirous of obtaining cable television service
from TCI .
In order to provide such service, ,TCI must make its
facilities atld' equipmert' 'AA aiiable to such 'tenants/ home owners
so that they might obtain such service.
THEREFORE, Owner, its heirs, successors and assigns,
agrees to permit TCI , its heirs, successors and assigns to
construct , install and maintain its facilities in and on the
property of Owner in such locations as required by TCI, including
all ffiR8&VQRRRW underground easements, pedistal locations , MW
P and power supply locations .
TCI agrees that the construction , installationl and
maintenance of its.,f.acilities will conform to all reasonable
conditions necessary to protect the convenience, safety
and well-being of the tenant or owner of the property. There
shall be no cost to the owner.
TCI agrees to indemnify Owner for any damage or liability
arising from or related to the construction , installation .
operation or removal of such facilities by TCI .
We are an Equal Opportunity Employer
The ownership of all wire, cable, equipment and facilities
shall be in and remain in TCI . No part of such facilities shall
become or be considered a fixture of the real estate upon which,
or -in which, it is located .
Owner shall permit TCI and its authorized representative
free and unobstructed access to, and egress from property for
the purpose of inspection, installation and servicing.
It is understood and agreed that TCI may abandon its
facilities in place and shall not be responsible for the removal
thereof if such abandoned facilities will riot interfere with the
use and occupancy of the premises . Cacilities •shall not be
considered to be abandoned unless written notice to that effect
is given by TCI to Owner.
Owner agrees to notify TCI in the event of damage to said
facilities .
Owner represents and warrants that • it is the owner of the above-
described real property and has the right to grant this easement .
This easement shall inure to the benifit of and be binding• upon
the respective heirs, personal representatives, successors and
assigns of the parties and shall remain in full force and effect
so long as the right-of-way shall be utilized for:.the•?purposes for
which this easement is granted.
IN WITNESS WHEREOF, the parties I� ve Hereunto set their
bands and seals this _day of 19 .
TCI CABLEVISION, INC.
LOUISE GA R (Mayor)
City of Jefferson
+ CEN•TI AL MIS OURI PROFESSIONAL. SERVICES* INC.
2300 FAST MCCAII Y • JEFFERSON CITY,MISSOURI 6!101 • (214)634.3435 Ea4(rit+lr(as . $atveylnp
Test Drilling • Soil Testing
i
iSCAL E-: /'L-r.5 o
X08 v N �s3' i b 4 0,9
qm
fq
N ri Vi too,
d �
S ! ( p I 9 3/24 E h!°
S4 S4 •3/• d•E- t-
lu 44.88• '
I ro s w.i9 0
/0.44' = 1 I
� ' � �� � 47.3/%2'f•Y � l3G.8Q' � • I I
cIry O.°'./�-FrcERSON N ----i
W ---9— .B 248
I 0 I b b N P 55
8I o
I I I
-� k--- o- •- ----------------- '
-r-r--
' i I
I ,
I , LARRY V. BRICKEY, do hereby certify this to be a true and exact copy of
a survey, made under my personal direction, during the month of September,
1988, regarding a part of Inlots 468 and 469, in the City of Jefferson,
County of Cole, Missouri .
d .
Larry V. Br ckey, Mo. R.L. X1188
"EXHIBIT All
Sheet 1 of 2
Part of Inlot Nos. 468 and 469 in the City of Jefferson, Cole County,
Missouri , more particularly described as follows:
From the Southwesterly corner of said Inlot No. 468; thence N42.08125"E,
along the westerly line of said Inlot No. 468, 50.20 feet to the POINT OF
BEGINNING for this description; thence continuing N42 008'25"E, along the
westerly line of said Inlot No. 468, 30.06 feet to the southwesterly
corner of a tract described by deed of record in Book 284, Page 76, Cole
County Recorder's Office; thence S47.31 '24"E, along the southerly line of
said tract and along the southerly line of another tract described by deed
of record in Book 298, Page 248, Cole County Recorder' s Office, 64.58 feet
to the westerly line of another tract described by deed of record in Book
181 . Page 345, and Book 218, Page 632, Cole County Recorder's Office;
thence S42.07148"W. along the westerly line of said tract 10.04 feet to
the southwesterly corner thereof; thence S47 031 '18"E. along the southerly
line of said tract. 40.13 feet to westerly line of another tract described
by deed of record in Book 279, Page 830; thence S42 007125"W, along the
westerly line of said tract. 10.04 feet to the southwesterly corner
thereof; thence S47 031 '12"E, along the southerly line of said tract, 18.44
feet to the southeasterly corner thereof; thence N42 007104"E, along the
easterly line of said tract. 20.07 feet to the southwesterly corner of
another tract described by deed of record in Book 271 , Page 854, Cole
County Recorder' s Office; thence S47 031 '24"E, along the southerly line of
said tract and along the southerly line of other tracts described by deed
of record in Book 252, Page 12, and Book 272, Page 249, Cole County
Recorder' s Office, 61 .19 feet to the westerly line of a tract described by
deed of record in Book 303, Page 362, Cole County Recorder's Office;
thence S42"06'39"W, along the westerly line of said tract and along the
southerly extension thereof. 80.31 feet to a point on the southerly line
of Inlot No. 469; thence N47 030'35"W, along the southerly line of said
Inlot No. 469, 10.00 feet; thence N42 006'39"E. 50.23 feet; thence
N47.31112"W, 136.88 feet; thence S42 008'25"W, 25.20 feet; thence
N47°30435"W, 10.00 feet; thence N42 008125"E. 25.20 feet; thence
N47 031112"W, 27.47 feet the POINT OF BEGINNING.
Containing 5524.79 square feet.
•
•
"EXHIBIT All
Sheet 2 of 2
EASEMENT - Jefferson City Underground - Cole County, Missouri
Capital District - Regional West
f
}
E A S E M E N T
KNOW ALL MEN BY THESE PRESENTS,
that City of Jefferson, Missouri
its successors and assigns hereinafter referred to as Grantor , whether
one or more and whether an individual, individuals, or a corporation,
for and in consideration of the sum of One and 00/100 * * * Dollar
whl..,00 and other valuable consideration�n hand paid, the receipt of
ich is hereby acknowledged, does hereby grant unto UNION ELECTRIC
COMPANY, a Missouri corporation, its successors, assigns, licensees,
agents, lessees, contractors, sub-contractors, and tenants (herein-
after referred to as "Grantee") , the perpetual right and easement to
construct, reconstruct, use, operate, and maintain electric facilities
consisting of metering, switchgear, capacitor (s) , transformer (s) , wires,
cable, fixtures, and appurtenances thereto, on, over, across, or under
the following described land located in Cole County, Missouri, to-wit:
The easement is described as follows: See attached survey "Exhibit A".
with the right of ingress and egress to and over the above described
premises and the premises of Grantor adjoining the same, for all
purposes herein stated, together with the right to trim or cut down
or cause to be trimmed or cut down at any time and from time to time,
any and all brush, saplings, trees, over-hanging branches or other
obstructions upon said premises and the premises of Grantor adjoining
the same which may be deemed to interfere with the construction, main-
tenance or use of, or endanger the safety of, said electrical facilities;
and the right to license, permit or otherwise agree to the use or occu-
pancy of said electrical facilities by any other person, association or
corporation for electric purposes; and with the further right to remove
at any time any or all of the said electrical facilities and appurtenances
thereto, erected upon, over or under said land by virtue hereof.
IN WITNESS WHEREOF, said City of Jefferson Missouri
has caused these presents to be signed by its Mayor and the City sea
here o affix d at Jefferson City, Missouri the day of
4h, e 199_.
CITY OF JEFFERSON, MISSOURI
ATTEST:
cs•- - �J By
BRENDA M. CIRTIN (City Clerk) L .,E GA R (Mayor)
APPROVED AS TO FORM:
B
B. ALLM GARNER
{ CENT � AL MIS 5OURI PROFESSIONAL SERVICES. INC. +
{ 2300 FAST MCCAIt Y • JEFFERSON CITY,MISSOURI 0101 . (314)634-343S EnQlneering • 8urvelln1l
'fat DAIIIng s Soil TwInS
I �
r� ...._.w._.___.._._._.o_...�.
j SCALE': 0
4)p
I 0 I � ,a o � � �I"�•.W �o � ti � m I
er`a
{
s44�i 24 E l o �o s 4 ��.• ,
e•E- j r
�{ � � ¢ais• I I
io f ro N h ti •c�rJ' ��-,./�'FFERSOit/ �� $ ._..__.� I
-� i r----------------i-- --------------------
I
,
,
I �
I I
1 I
I , LARRY V. BRICKEY, do hereby certify this to be a true and exact copy of
a survey, made under my personal direction, during the month of September,
1988, regarding a part of Inlots 468 and 469,' in the City of Jefferson,
County of Cole, Missouri .
Larry V. Br ckey, Mo. R.L. M1188
"EXHIBIT All
Sheet 1 of 2
M
Part of Inlot Nos. 468 and 469 in the City of Jefferson, Cole County,
Missouri, more particularly described as follows:
From the Southwesterly corner of said Inlot No. 468; thence N42.08125"E,
along the westerly line of said Inlot No. 468, 50.20 feet to the POINT OF
BEGINNING for this description; thence continuing N42.08125"E, along the
westerly line of said Inlot No. 468, 30.06 feet to the southwesterly
corner of a tract described by deed of record in Book 284, Page 76, Cole
County Recorder's Office; thence S47°31 '24"E, along the southerly line of
said tract and along the southerly line of another tract described by deed
of record in Book 298, Page 248, Cole County Recorder' s Office, 64.58 feet
to the westerly line of another tract described by deed of record in Book
181 , Page 345, and Book 218, Page 632, Cole County Recorder' s Office;
thence S42.07'48"N, along the westerly line of said tract 10.04 feet to
the southwesterly corner thereof; thence S47 031118"E, along the southerly
line of said tract, 40.13 feet to westerly line of another tract described
by deed of record in Book 279, Page 830; thence S42°07125"N, along the
westerly line of said tract, 10.04 feet to the southwesterly corner
thereof; thence S47 031112"E, along the southerly line of said tract, 18.44
feet to the southeasterly corner thereof; thence N42 007104"E, along the
easterly line of said tract, 20.07 feet to the southwesterly corner of
another tract described by deed of record in Book 271 , Page 854, Cole
County Recorder' s Office; thence S47 031124"E, along the southerly line of
said tract and along the southerly line of other tracts described by deed
of record in Book 252, Page 12, and Book 272, Page 249, Cole County
Recorder's Office, 61 .19 feet to' the westerly line of a tract described by
deed of record in Book 303, Page 362, Cole County Recorder's Office;
thence S42.06'39"N, along the westerly line of said tract and along the
southerly extension thereof, 80.31 feet to a point on the southerly line
of Inlot No. 469; thence N47 030'35"N, along the southerly line of said
Inlot No. 469, 10.00 feet; thence N42 006'39"E, 50.23 feet; thence
N47.31 '12"W, 136.08 feet; thence S42 008125"1i, 25.20 feet; thence
N47.30135"N, 10.00 feet; thence N42 008125"E, 25.20 feet; thence
N47 031112"N, 27.47 feet the POINT OF BEGINNING.
Containing 5524.79 square feet.
"EXHIBIT All
Sheet 2 of 2
f
STATE OF MISSOURI )
SS.
COUNTY OF COLE �r )
On this i''� ' - day of &Q c¢+jxpe "" , 199 , before me
a Notary Publ�-and for said County and State aforesaTd-, personally
appeared Louise Gardner to me personally known, who, by me
duly sworn, d d say that she is the Mayor of the City of Jefferson;
and that the seal affixed to the foregoing instrument is the city
seal of said City and that the said instrument was signed and sealed
in behalf of said City by authority of its City Council; and the said
Louise Gardner acknowledged said instrument to be the
free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
BONNIE !t BCNRODER, NOTARY P,�IB�L
My Commission e 4 RMXynN PXP1RES%55,691
Notary Public