HomeMy Public PortalAboutORD10829 DEPT. OF TVN3nr)RTATI0:(
BILL NO. 87-15 MAY 2 1 i;;?7 ! .
SPONSORED BY COUNCILMAN NELSON
ORDINANCE NO.
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: r : ,
Section 1. The Mayor and 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. i
Section 2. The easements shall be substantially the same in I
form and content as those easements attached hereto as exhibits
1-6.
. I
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval. t
Passed �, ? Approved
,
i
i
0presid Officer Mayor
EST:
>, 'City Clerk
I hereby certify this is a true and correct photocopy of Ordinance ,
No. 10829 for,'. the City of Jefferson, Missouri, which is in effect i
at the date of this certification. n /
�L
Bzenda M. irtin; City Clerk
to :..C, � �' � �, p .! •,
o Cert cation �'{w
.1
UMOI
RIGHT-GE-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,
__ M' s so r i 65101 ,the receipt 7f which is hereby acknowledged,
City of Jefferson, Missouri , (Owner);
County of Cole, Missouri Lessee •
and First United Methodist Church of Jefferson City, (Lessee)____
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 pWtw9vwp,lines,wires and appurtenances(including necessary communication and control
facilities),equipment for communication and the transmission of messages and energy 0W lM4KVht q*WtM
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
described as follows: and
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 wli�ch 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
disinterestgd 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.
air. •
IN WITNESS WHEREOF, said City of Jefferson, Missouri
han caused these presents to b signed by its Mayor and the Cctseal
hereto affixed a Jefferson City, Missouri the /y day of
1987.
ATTEST: CITY OF JEFFERSON, MISSOURI
By
BRENDA M.-CIRTIN . (C ty Clerk) I 2P GIRD (Mayor)
APPROVED AS TO FORM:
By 0411t
IN WITNESS WHEREOF, said County of Colej Missouri
has caused these presents to be signed by its Commissioners —a—nd the sea
hereto affixed at efferson City, Missouri the /q tt day of
1987.
COUNTY OF COLE, MISSOURI
(Comm ss oner
(Commissioner
(Co i.ssioner)
IN WITNESS WHEREOF, said First United Methodist Church of
Jefferson Citv has caused these presents to be signed y its
' , and the s 1 hereto affixed at Jefferson C
Mis ours he `�•,�S> day of , 1987. y' /
�.��A'F'�E :'••., FIRST UNITED METHODIST CHURCH
OF JEFFERSON CITY
vt
• ' ^ = (Chairperson ee)
1 '
CENTRAL MISSOURI PROFESSIONAL SERVICES, INC.
2SW EAST MCCARTY JEFFERSON CITY,MISSOURI 0101 • (314)634.3413 FAIjimourh1B • SurvtyimR
Test Drilling • Sail Testing
CAP/TOL A 1/E.
-------------------(--------------
--------
�
I /NLOT JV7
I ..,� U.t//TED METHOD/3T
I O
N
�p•2
20' ALLEY
1, 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 June,
1987, regarding a part of Inlot 347, in the City of Jefferson, County of
Cole Missouri .
La Fy 7. rlckey, Mo. R. .S. /1188
® Part of Inlot 347 in the City of Jefferson, County of Cole, Missouri, more
particularly described as follows:
FROM the southeasterly corner of said Inlot 347; thence N47036135 W, along
the southerly line of said Inlot 347, 0.42 feet to the southwesterly
corner of a tract described by deed of record in Book 276, Page 146 Cole
County Recorder' s Office and the POINT OF BEGINNING- for this description;
thence continuing N47036'35"W, along the southerly line of said Inlot 347,
16.00 feet; thence N41050'25"E, 7.89 feet; thence S47.25120 0E, 16.00 feet
to the westerly line of the aforesaid tract described in Book 276, Page
146; thence S41050125 1W, along the westerly line 'of said tract, 7.84 feet
to the POINT OF BEGINNING.
Containing 125.87 square feet.
t�
1198 �0%
LARRY Y BRICKEY
"EXHIBIT A" � �
r %REGISTERED.'q- t
Sheet 1 of 1 ' 9 • O
?� ••......•• y
°,S,U,a;!"o.,
STATE OF MISSOURI )
SS.
COUNTY OF COLE )
On this day of -e , 1987, before me
a Notary P c An and or said Coucfty and State aforesaid, ersonall
P Y
appeared V0AA-4-"_Q to me personally known, who, by me
duly sworn, say that she s 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 ehalf of d C ty by authority of its City Council; and the said
ci^, acknowledged said instrument to be the
Tree act an- d 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.
NOT UTUBCK MISSOURI ,
My Commission expires Rnn►E r0.
Nr COXNISSION EXPIRES JAN 23.1888 f
Notary..�u�ki rc-
a
t'
i
STATE OF MISSOURI )
SS.
COUNTY OF �COj E )
On this ,d day of .ur � __ , 1987, before me
a Notary Pub c n d for sa ' County and State aforesaid, personally
appeared e C E Po-u,c7"to me me personal y nown, who, y me duly sworn, say that they are
Commissioners of the County of ��Co�ol�ee and that the seal affixed
to the foregoing instrument is theCounty seal of said County and that
the said instrument was signed and sealed in behlaf of said County by
authority of its County Commissioners; and the said
�'o�£ �aa,�7. acknowledge said instru-
ment to be t e free act and deed o said County.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
7
My Commission expires �i�uc:ck / yam/ ;.��'-�:� ,,''•.,'
2to 11 Z X145
Notary;$ub• izc ..
fir+• /. ` ..
ice'.'. -- %• `�� .
CAROL M.WILBERS
NOTARY PUBLIC,STATE OF MISSOURI
COUNTY OF COLE
`- My Commission Expires Jan.11,9991 ,
T'
s
STATE OF MISSOURI, )
SS.
COUNTY of COLE
On this _hEALday of Au u4,44 , 19 �,7 , before me appeared
James A. Finch
to me personally known, who, , a ng
duly sworn, did say that he is Chairperson, Trustee
of First United Methodist Church of Jefferson City and that said
instrument was signed in behalf of said church by authority of its
Board of Trustees and said James A. Finch
acknowledged said instrument to be the f ree
act and deed of said church.
My Commission expires 6/19189
Notary Pub l c
N DIANA CARR
OTARY PUBLIC,
= BLI
.�'. COUNJ�,STkTE OF MISSOU"U
• '�'`` MY coin
missoq E piresO
i
•N; ... 6-19.89
4 .
TCI CABLEVISION, INC.
1419 Mlssou►i noulevnrd,l' O.llor 1501,Jolle►son Cily,Missour165102
(314)655.0 745
RIGIIT Or WAY AGRE-EMEMT
'Phis agreement entered into between 'I'CI Cablevision, Inc. ,
with its principal place of business located at 1419 Missouri
I31.vd. , Jefferson City, Missouri., .65102( hereinafter referred to
as , rc j 1, ) and --
City of Jefferson, Missouri , (Owner) ;
County of Cole, Missouri , (Lessee) ; _
and First United Methodist Church of Jefferson City , (Lessee)
( I►creinaFter 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 television system within
the City of Jefferson.
Owner is the owner of real estate located within the city
of Jefferson t�asctgtsn�c�s�sxXOCx���SxR s�l4ttSRxDr �it &SS3���i1tsI<iK
kotasatxxxz _ described as follows: See attached survey "Exhibit A"
xetettcacxa wherein
some or all of the tenants/home owners ill the within property
are or maybe desirous of obtainil►g cable television service
f rom TC1 .
In order to provide such service, TCI must make its
facilities and equipment available to such tenants/ home owners
so that they might obtain such service .
TIIERErORE, 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 Owr►er in such locations as required by TCI, including
all a =katkx=cat underground easements, pedistal locations. q.uy
kCx(Kadck== and power supply locations .
TCI agrees that the construction, installation and
mailitet►ance of its facilities will conform to all reasonable '
conrli.Lions 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 Opporlunily En►ployor
r;�.
i
The ownnrahip of all wire, cable, equipment and facilities
Shn.11. be lit and reutain in 'rCi . No prrt of aucit facilities shall
become or be considered n fixture of the real estate upon which,
or ill which, It is locatecl .
Owner shall permit TCI neid its authorized representative
free ttttcl unobaLrucLet1 access Lo, and egress front property for
the purpose of inspection, installation and servicing.
It is understood and agreed that TC1 may abandon its
fi-tciJALles in place attd shall not be responsible for the removal
Lhoreof if such abandoned facilities will not interfere with the
use, and occupancy of the premises . racilities 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 Lite event of damage to said
facilities.
Owner represents and warrants that ' it is Lite owner of the above-
described real property attd has Lice rigitL• to grant this easement .
This casement shall inure to Lite benifit of and be binding upon
the respective heirs, personal represenL•aL•ives, successors and
assigns of the parties and shall remain, in full force and effect
so Jong as Lite r. ighl--•of -way shall be utilized -for .the-?purposes for
-� which this easement is granted.
IN WITNESS ir1HEREOF, the parties have hereunto set their.
han!ls and seals this !r[ day of 4--.—
TCI CAI3LEV SION
./r
M
IN WITNESS WHEREOF, said CitV of Jefferson Missouri
has caused these presents to be s gned by its Mayor and-he C ty sea
hereto (fixed at Jefferson City, Missouri the ✓q day of
1987.
ATTEST: CITY OF JEFFERSON, MISSOURI
By
BRENDA M. CIRTIN (City Clerk) OUISE GAR (Mayor)
APPROVED AS TO FORM:
Y
IN WITNESS WHEREOF, said County of Cole Missouri
has caused these presents to be—signed y its Commissioners and the sea
hereto affixed at Jefferson City, Missouri the �q�h day of
„ 1987.
COUNTY OF COLE, MISSOURI
—7a �d
c a
ww",14 &e
(Commissioner)
(Commissioner)
(Co ss oner)
IN WITNESS WHEREOF, said First United Methodist Church of
Jefferson City has caused these presents to be signed is
�'� sand the seal hereto affixed at by City,
Missouri t e aL day of f , 1987.
ATT�ST:�`•., FIRST UNITED METHODIST CHURCH
OF JEFFERSON CITY
/?Z�A
5 -�- Cha rperson, Tr
•
,;0001p"
CENTRAL MISSOURI PROFESSIONAL SERVICES. INC.
3500 EAST MCCANTY . WFERSON CITY.MISSOURI 65101 a (3141634.3455 Fp81 K $yry�rl
Tell Drilhal a Soil Talin{
cAPira� ,4 vE:
1
I /NZor Sd7
i
F/f/ST
I C/TY OF JEF,��rRSO �O P/4G
I� 8245.,
1 s�z
20' ALLEY
� t
I, LARRY V. BRICKEY, do hereby certify this to be w true and exact copy of
a survey, made under my personal direction, during the month of June,
1987, regarding a part of Inlot 347, in the City of Jefferson. County of
Cole Missouri .
J
L&Fry V. rickey, Mo. R. .S. #1188
' Part of Inlot 347 in the City of Jefferson, County of Cole. Missouri , more
particularly described as follows;
FROM the southeasterly corner of said Inlot 347; thence N47.36135"N, along
the southerly line of said Inlot 347, 0.42 feet to the southwesterly
corner of a tract described by deed of record in Book 276, Page 146 Cole
County Recorder' s Office and the POINT OF BEGINNING. for this description;
thence continuing N47 036135"M, along the southerly line of said Inlot 347.
16.00 feet; thence N41.50125 0E, 7.89 feet; thence S47.25120"E, 16.00 feet
to the westerly line of the aforesaid. tract described in Book 276. Page
146; thence S41.50125 1M, along the westerly line of said tract, 7.84 feet
to the POINT OF BEGINNING.
Containing 125.87 square feet.
ose
•� IIBe
LARRY V. BRICKEY
"EXHIBIT A" :,c"'•,REG151EREO.-4k-
may. She®t 1. 0f 1 '•.. Q'• ....•••��••,�•' 1
% SURV
A v�,rgA�tf ..w vrnr. ....Mn..r,. .•+
® EASEMENT
KNOW ALL MEN BY THESE PRESENTS,
that City of Jefferson, Missouri, (Owner) ;
County of Cole, Missouri, (Lessee) ;
and First United Methodist Church of Jefferson City, (Lessee)
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
$1.00 and other valuable consideration in hand paid, the receipt of .
wh ch s hereby acknowledged, does hereby grant unto UNION ELECTRIC
COMPANY, a Missouri corporation, its successors, .assigns, licensees$
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 ,aad appurtenances
thereto, erected upon, over or under said land by virtue hereof.
u
'i�
IN WITNESS WHEREOF] said City of Jefferson Missouri
has caused these presents to be s gned by its Mayor and tie City sea
hereto affixed at Jefferson City, Missouri the _fj r� day of
1987.
ATTESTS CITY OF JEFFERSON, MISSOURI
By
BRENDA M. CIRTIN (City Clerk) UISE GAF D (Mayor)
APPROVED AS TO FORM:
B GG` Gt
Y /A:�
IN WITNESS WHEREOF, said County of Cole Missouri
has caused these presents to igned by its Commissioners and the sea
hereto affixed at Jefferson City, Missouri the day of
COUNTY OF COLE, MISSOURI
(Commission
(Comm ss ones
i
ICOM s bner)
IN WITNESS WHEREOF, said First United Methodist Church of
Jefferson City has caused these presents to be signed by its
and the seal hereto affixed at Jefferson C tty;
Missouri the ?I day of August , 1987.
+ FIRST UNITED METHODIST CHURCH
=� OF JEFFERSON CITY
tom-C
C a rpers , stee)
Subscribed and sworn before me this 21st day of August, 1987.
DIANA CARR
tE OF M15SOUW
•;; .. . �•�; d STA
01ARYPUBLI ' COLE
COUNSY OF
•p�Y tommisslon EXPIN, 6.19•��.
,1
� •, •� � 'es, ���.*><► �� A� f Atief t.SJII.A.'b101 J1,:1't o 1t. CJ. 1."��•
WOMEN
4z
t�84s��+t•at• . i�i�ro��a�ti aa:swwA�►+.o. • �fio� fw3 a unefkts
704 ifluing a soil Tnilno
CA P1 r0Z .4 Ve..
I
/N or JW
0� cIRSr
ME'Tf/oO/ST
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I C/TY OF ✓EFfEiYSO �O P�¢G
62•?5, sad/ � 5°�
�•------------
,4 'I`oar----------------------
1. 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 June.
1987, regarding a part of Inlot 347, in the City of Jefferson, County of
Cole Missouri .
La ry Y. rickey. Mo. R. .S. 01188
Part of I'nlot 347 in the City of- Jefferson, County of Cole. Missouri , more
particularly described as follows:
FROM the southeasterly corner of said Inlot 347; thence N47.36'36"W, along
the southerly line of said Inlot 347, 0.42 feet to the southwesterly
corner of a tract described by deed of record in Book 276, Page 146 Cole
County Recorder' s Office and the POINT OF BEGINNING for this description;
thence continuing N47.36'35"W. along the southerly line of said Inlot 347,
16.00 feet; thence N41.60 WE. 7.89 feet; thence S47025'20"E, 16.00 feet
to the westerly line of the aforesaid tract described in Book 276, Page
146; thence S41.501254, along the westerly line of said tract, 7.84 feet
to the POINT OF BEGINNING.
Containing 125.87 square feet.
, * ,Ssot,
7
LARRY V. BRICKEY
"EXHIBIT A" a *-.REGISTERED;-�•
Sheet 1 of 1 ''0 2''••...,...• 'y�..•'
�•� S u Rv
r
STATE or MISSOURI
SS.
COUNTY OP COLIC
On this '`'day of � �� u,.�'t , 1987, before me
a Notary Pu lic' in and or s�ci-County and State a oresaid, personally
appeared 4 h•....,♦ L.. ) ��,. -v4-,-.rto me personally known, who, by me
duly sworn, did 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 ehalf of s4id C ty by authority of its City Councils and the said
Q t'� 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.
suf U111ABACK
My Commission expires
NOTARY PUBLIC STATEOF MISSOUPI .
BOOK ee.
•
Mr COMMISSION EXPIRES JAM YJ►lYbd r
Notary .r'h . _c...
Mrs Or MISSOURI I
ss.
COUNTY Or `COLS
On this / day of r�f.� , 1987, before me
a Notary Pub1 c , an,, for Ts a County and State aforesaid, personally
appeared 4 . :•
to me persona y nown, who, y me my sworn, say that they are
Commissioners of the County of Cole and that the seal affixed
to the foregoing instrument is the County seal of said County and that
the said instrument was signed and sealed in behlaf of Said County by
auth ity, of its County Commissioners; and the said � - Cckc,-,�
�la��a�rtcl�te,� e1 acknowledged sa stru-
ment o e the free act and deec��€io said County. ��=
IN TESTIMONY WHEREOF, I have hereunto set my hand and sfft*e*d w1
official seal the day and year last above written.
'My Commission expires
Notary Public
CAROL M.WILBERS
NOTARY PUBLIC,STATE OF MISSOURI
COUNTY OF COLE
My Commission Expires Jan.11,1991
• k. Y 3i... f+ r ;—(�•'u4.+ 7:T.., Y;. `tr' .7ro a^r-y'-�•td611 F > e
i Y
n:
• .r
STATE OF MISSOURIo )
SS.
COUNTY of CO_ LE
On this 2 1at_day of August , 19 87 , before me appeared
James A. Finch
to me personally known, who, beTng
duly sworn, did say that he is Chairperson, Trustee
of First United Methodist Church of Jefferson City and that said
instrument was signed in behalf of said church by authority of its
Board of Trustees and said James A. Finch
acknowledged said instrument to be t e ree
act and deed of said church.
My Commission expires 6/19/ 89
Notary Pu 1 c
rr
�. �•,'�•.� •'. NOTARY���Gt�t i ��: C:;.,. • ,�
t