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Home My Public Portal AboutORD10603 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. lUb 03 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR AN EASEMENT GRANTED TO THE CITY BY THE STATE OF MISSOURI . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute an agreement with the Missouri Conservation Commission for a sewer easement for the sum of $150 .00. Section 2. The agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved Pres ing Officer ayor ATTEST: City Clerk r w Aft EASEMENT THIS INDENTURE, made on the 9S day of , 1986, by and between THE CONSERVATION COMMISSION OF THESTATE OF MISSOURI herein- . after (^ferred to as "Grantor' and the CITY OF JEFFERSON, MISSOURI, a mu- nicipal corporation of Cole County, Missouri, hereinafter referred to as "Grantee." WITNESSETH, that Grantor, in consideration of the sum of One Hundred Fifty Dollars ($150.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL, CONVEY and CONFIRM, unto Grantee and unto its successors and assigns a non-exclusive easement to enter upon the lands of the Grantor situate in Cole County, Missouri, and described as follows, to wit: Part of the East Half of the Southwest Quarter of Section 3, Township 44 North, Range 12 West, being more particularly described as a strip of land 10 feet wide, lying 5 feet each side of and parallel to the following described centerline; From the Southwest corner of the East Half of the Southwest Quarter of said Section 3; thence N 03052104 11W, along the Quarter Quarter Section Line, 1205.26 feet to the POINT OF BEGINNING of this centerline; thence N 76042115"E, 181.03 feet to the point of termina- tion. ALSO, from the Southwest corner of the East Half of the Southwest Quarter of said Section 3; thence N 03052104 11W, along the Quarter Quarter Section Line, 797.26 feet to the POINT OF BEGINNING of this centerline; thence N 86007156"E, 20.0 feet to the POINT OF' TERMINATION. for the sole, express purpose of construction, operation, inspection, maintenance, repair, rebuilding, replacing and removing sewer line appliances necessary in connec- tion therewith, together with the right to go in and upon said described lands only, and for said purposes only and no other purpose. Grantee will indemnify and hold Grantor harmless from any and all liability which may occur as a direct and proximate result. of any and all activity by Grantee on or about the location of this easement, or as a direct and proximate' result of Grantee's construction, operation, inspection, maintenance, repair, rebuild- Ing, replacing or removing of any and all sewer line and appliances necessary thereto. Grantee will strictly .refrain from damaging or destroying any trees, shrubs, flora, fauna, buildings, roads or ecuipment of Grantor, located outside the bounds of the above-described easement. Grantee will be liable for damage to Grantor for any and all damage to trees, shrubs, flora, fauna, buildings, roads or equipment belonging to Grantor alld all appurtenances thereto located or. Grantor's property, excluding the above- described easement. Grantee will dispose of all debris, flora and refuse in a manner that will provide some wildlife benefit and reduce fire hazards as directed by Grantor. All debris will be disposed of in a manner designed to minimize unattractiveness. Grantee will provide at Grantee's expense sufficient revegetation of all land cleared to prevent soil erosion and to reclaim all lands marred by said easement for wildlife habitat, as directed by Grantor. Grantee may bear the cost of such revegetation itself or compensate the Grantor for doing so, at a rate to be calcu- lated by Grantor and to be no more than the actual cost to the Grantor for providing such revegetation. Selection of all types of flora to be used for revegeta- tion shall be at the sole discretion of Grantor. Grantor reserves the right to use all the area included in this easement for any purpose that will not interfere with the use for which this easement is granted. Should it become necessary for Grantee to control vegetation, flora and fauna on the area of above-described easement Grantee will do so only after obtaining approval from Grantor, and only by prescribed methods and with pre- scribed materials, all of which will be submitted to Grantor for approval prior to their use. This easement shall be perpetual in duration commencing on the date and year first above written. Grantee is restricted in its use of this easement for sewer line only. Said easement shell automatically terminate and revert back to Grantor should Grantee remove said sewer line or attempt to use this easement for any purposes other than said sewer line. There shall be no requirement that Grantor make entry upon the described easement to effect termination. Termination shall be automatic and Grantor need take no action to terminate this easement. Aft Failure to enforce any breach by Grantee of any covenant or condition contained herein in a timely fashion shall not constitute subsequent waiver of performance of that covenant or condition by Grantor; and Grantor may, at its election, enforce any and all breaches of covenants or conditions by Grantee at any time. Grantor shall give no less than thirty (30) days notice of any breach herein to Grantee, and, should Grantee fail to cure said breach or fail to commence good faith efforts to cure said breach by the expiration of that thirty (30) day period after notice, Grantee shall be liable for all damages under the terms of this ease- ment subsequent to and resulting from the aforesaid breach. Should Grantor at any time suffer any damage to flora, fauna, vegetation or other property not covered in the original consideration paid to Grantor by Grantee as a direct and proximate result of Grantee's exercise of its easement privileges as contained in this easement, Grantee will reimburse Grantor for the damage caused by Grantee, said amount to be calculated as the replacement cost to Grantor to repair and restore said damaged property to its original condition, including cost of labor, expenses and supplies. _ IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first abovd' •written. GRANTOR: ti•':;"`' ��1`r�: The Conservation Commh4sW. p#� '- the State of Missouri ' _. .. By. , BY GN ERAL Larr Gale, 'li�rec or•�. C GRANTEE: The City of Jefferson, 'Mid . . By: Georg ield. , Id ^ . • . � iM - 2 - STATE OF MISSOURI ) SS COUNTY OF COLE ) On this 2 day of , 19.6�0-0 before me appeared Larry R. Gale, to me personally kn nr who, being by me duly sworn, did say that he is Director of the Missouri Department of Conservation and that this instrument was signed on behalf of THE CONSERVATION COMMISSION OF THE STATE OF MISSOURI by authority of said Commission and that he acknowledged said Instrument to be the free act and deed of said Commission. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My commission expires: CAROLYN NOTUY FUBLtC, STAiiir ,�;l�ii�l� I a COUNTY QF'��•`'��,,' My Commission Expires 988-- ; STATE OF MISSOURI SS V. . COUNTY OF COLE ) On this da of , 19 , before me appeared to me personally known, who, being by me duly sworn, 15id say that a is YrV2d,�._ of the City of Jefferson, Missouri, and that this instrument was signed on behalf of the City of Jefferson, Missouri. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. t. Notary Public ft 0�)rftMjssion expires: 110 7*4 `.•';'" '.'`t.. SUE UTTERBACK f� ' ` NOTARY PUBLIC STATE OF MISSOURI 4. .. ✓i "�.` your.`::';. '••,�1"•. vS°. ' •p..5`t,,.tr=tt 800kE CO. $ ( NY CGHNISSIOH EXPIRES JAN 23,1988 STA'!" ; `JuR COUNT i Qr . ''?!_E RECORDED ON '8G JUN 30 PM 2 Opt BOOK E qs"b D R MEWS W, RECORDER Pee . - 3 - • CENTRAL MISSOURI PROFESSIONAL SERVICES, INC. 2300 EAST McCARTY • JEFFERSON CITY,MISSOURI 63101 s (314)634-3433 Engineering o Surveying Test Drilling o Soil Testing RECEIVED January 31, 1986 FEB 041986 PUBLIC WORKS DEPT. RECEIVED FEB 1 Z 196 Mr. Mike Bates Director of Public Works City of Jefferson 320 East McCarty Street Jefferson City, MO. 65101 Re: 77-24 Monticello Acres Sanitary Sewer Easement From Missouri Department of Conservation Dear Mike: In reference to my phone call to you today please find attached a copy of the letter we received from the Department of Conservation and the easements. Please have the City sign and notorize two copies and *re- turn them to me. We will then have the original recorded and send it back to you. Should you have any questions or require additional information, please adivse: Sincerely, CENTRAL MISSOURI PROFESSIONAL SERVICES INC. Uis H. Vetter, P.E. LHV/clk enc. cc: Elmer Goldammer MISSOURI DEPARTMENT OF CONSERVATION MAILING ADDRESS: STREET LOCATION: 11.0. Box 180 2901 west Truman Boulevard Jefferson City,Missouri 65102-0180 Jefferson Citv, Missouri Telephone 314/751.4115 LARRY R. GALE, Director January 30, 1986 Mr. Louis H. Vetter Central Missouri Professional Services, Inc. 2500 East McCarty Jefferson City, Missouri 65101 Re: 77-24 Monticello Acres Sanitary Sewer Easement ® Dear Mr. Vetter: This will acknowledge receipt of your check in the amount of $150.00. Enclosed please find an Easement which you steed to have signed and recorded. Once this is done, please return a copy for our files. If there is anything else needed, please let me know. Si cerely, OBERT J. S FT, JR. GENERAL COUNSEL RJS:ea Enclosure W COMMISSION JEFF C:HIIRAN JOHN POWELL JOHN B. MAHAFFEY RICHARD T.REED Chillicothe Rolla Springfield East Prairie