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HomeMy Public PortalAboutORD10251 ,BILL .NO. SPONSORED BY COUNCILMAN _ ORDINANCE NO. AN ORDINANCE PROVIDING FOR ACCEPTANCE BY THE CITY OF JEFFERSON, MISSOURI, OF A CERTAIN SEWER EASEMENT GRANTED BY UNION ELECTRIC COMPANY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. A certain Easement, a copy of which is attached hereto as Exhibit A hereof and made a part hereof as if fully set out herein, conveying unto the City of Jefferson, Missouri, the therein set out rights, powers, and privileges pertaining to a sewer line, to be constructed upon the therein described real property owned by Union Electric Company, a Missouri corporation, which Easement contains certain reservations, conditions, and covenants therein set out, be and the same is hereby, approved and confirmed. Section 2. That the Mayor and the Clerk of the City of Jefferson, Missouri, be and they are hereby authorized and directed to accept said Easement in behalf of the City of Jefferson, by signing the same. Section 3. If any provision of this ordinance, or the application of such provision to particular circumstances, shall be held invalid, the remainder of this ordinance, or the application of such provision to circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 4 . All ordinances or parts of ordinances in conflict with this ordinance or with any of its provisions are, to the extent of such conflict, hereby repealed. Section 5. This ordinance shall be in full force and effect from and after its passage and approval. 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'a [' U i c t x 't)'rU3At f f{(,,1 t}i•rkr.� �it) ` � �4`.p���i+6""v+tt t ti� ��t�•,3 4 r. a y � ,�F}} by�H'. r S t �• � t > d tt .r a ' S . � fJ z � » yi i�id fir'' ( t E A S E M E N T THIS EASEMENT, Made and entered into this day of 1984► by and between UNION ELErTRIC COMPANY, a Missouri corporation, here- inafter referred to as "Grantor"; and THE CITY OF JEFFERSON, MISSOURI, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor owns in fee a tract of land in the northeast quarter of the southwest quarter of Section 17, Township 44 North, Range 12 West, Cole County Missouri, BEING MORE PARTIC- ULARLY DESCRIBED AS EXHIBIT A WHICH ALSO INDICATES THE PROPOSED SEWER LINE. WHEREAS, Grantee desires to obtain an easement of varying width to construct, repair, operate, and maintain a sewer line and appurt- enances thereto, hereinafter referred to as "Facilities", in, upon, under, and across portions of Grantor's above-described tract of land; and WHEREAS, Grantor is willing to allow Grantee to locate, construct, repair, operate, and maintain said Facilities in, upon, under, and across portions of said tract of land subject to the conditions and covenants hereinafter set forth. NOW, THEREFORE, for and in consideration of the sum of One and No/100th Dollars ($1.00) and of the covenants and provisions herein- after set forth to be kept and performed by Grantee, Grantor does hereby remise, release and quit-claim unto Grantor subject to the terms and conditions hereinafter set forth the right and easement to construct, repair, operate, and maintain and for no other purpose said facilities in, under and across portions of Grantor's above-described tract of land shown hachured on the drawing marked Exhibit "A", attached hereto and made a part hereof, subject, however, to all easements, mort- gages, restrictions, or encumbrances whatsoever, whether or not the same are of record; RESERVING, However, unto Grantor, its successors and assigns, the right to the continued use and occupancy of the above-descirbed premises for Grantor's electrical facilities or for any other use not inconsistent with the easement rights herein conveyed. This easement is subject to the following terms and conditions: 1. Grantee shall prepare and file with Grantor a final plan and profile of said facilities and of any modifications made thereto. 2. Grantee shall make no modifications to said Facilities with- out having first obtained Grantor's prior written consent thereto. 3. Grantee shall use and cause others to use extra precaution in the construction, repair, operation, maintenance, or removal of said Facilities when adjacent to or near Grantor's electrical facilities and shall maintain no less than twenty (20) feet radial clearance from Grantor's conductors and no less than fifteen (15) feet radial clearance from Grantor's towers. Grantee shall warn and instruct each and every person engaged in or in any way connected with such work as to the existence, location, and nature of Grantor's electrical facilities. 4. All work in connection with said Facilities shall be performed in such a manner that it will not endanger or interfere with Grantor's operation and maintenance of its electric lines and facilities. In the event installation of said Facilities requires the use of cranes, hoists, or other devices, Grantee shall maintain a minimum of twenty (20) feet radial clearance in any area directly under or adjacent to any of Grantor's overhead facilities. 5. All cuts, ditches, trenches, ruts, or excavations made by Grantee, its agents, employees, contractors, or their representatives, in connection with the construction, repair, operation, maintenance, or removal of said Facilities shall be refilled to and maintained at the level of the adjoining ground, and Grantee shall reseed all dis- turbed areas. 6. grantee shall continually maintain efficient and orderly oper- ation and maintenance of said Facilities on Grantor's above-described tract of land in such a manner so as not to unreasonably disturb or interfere with the use thereof. 7. All charges for work and materials supplied in connection with said Facilities incurred by Grantor and all taxes levied in connection therewith shall be borne by Grantee and Grantee shall hold Grantor's property harmless from any lien;, or encumbrances arising therefrom. 8. Grantee shall obtain, and Grantee shall require its contractor(s) engaged in construction or reconstruction of said Facilities on Grantor's above--described tract of land to obtain, public liability insurance which shall name Union Electric Company (Grantor) as an additional named insured, with limits of coverage no less than in the amount Grantee-requires for said contractor(s) and for THE CITY OF JEFFERSON, MISSOURI. Said insurance, as it pertains to Grantor, shall cover liabilities arising out of occurrences dur- ing said period of construction or reconstruction upon Grantor's aforesaid premises. 9. In the event Grantee shall fail to perform any of its duties here- under, Grantor shall have the right to cure said default or may employ other persons to do so, and Grantee hereby agrees to pay, reimburse, and compensate Grantor for whatever costs or expenses which are thereby incurred by Grantor. The foregoing shall be without prejudice to any other right of•remedy. 10. Nothing in this easement shall be construed as being in conflict with the provisions of a certain mortgage or deed of trust or record given by Grantor, not shall the same impair the right of Grantor to make any future supplemental indenture or change in said mortgage or lessen or impair the right to execute other and additional mortgages or deeds of trust, or any other instrument in the nature of a mortgage or deed of trust, and this easement shall be subject to all provisions contained in 2 - such instrument. IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above mentioned. UNION ELECTRIC COMPANY Vice President Char le-5 A AremeY ATTEST:' AW% Secretary K. A. Mope CITY OF JEFFERSON By• u..,.� yor GeorgePartsfield ATTEST: QUA , ty Clerk Phyllis Powell 3 - 1 N � / FULKERSON / • '� RHO ELECTRIC I FRANCIS PROPERTY / LINE EASEMENT I /4 SEC_UNE V4 1 wE �R�44N4�iI? Q SEC.IT, / o as10 q, 40 i SO0 / SUB. N= 289 �~ QUITCLAIM DEED TO ly ! Iv COUNTY OF COLE op O M /-c? / M M / � Mo t0 O • - COLE COUNTY N � �10 T44N10R12W b• O < / �;'� / r 114 o )t 0 w x uu1 a; Ni 3, � • o DESCRIPTION• A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 44N, RANGE 12W, IN THE COUNTY OF COLE, MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OR THE NORTHEAST QUARTER OFD THE SOUTHWEST -QUARTER OF SAID SECTION 17; THENCE S05°3000°E, ALONG THE V4 1/4 SECTION LINE, 463.37 FEET TO THE CENTERLINE OF AN ABANDONED RAILROAD; THENCE NORTHEASTLY ALONG THE CENTERLINE OF SAID ABANDONED RAILROAD ON A CURVE TO THE LEFT HAVING A RADIUS OF 1441,02 FEET, A DISTANCE OF 405.00 FEET; THENCE N$40331 34"W, 314.53 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1,52 ACRES.