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Home My Public Portal AboutORD11057 BILL NO. 88-31 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. //&5 2 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 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 the date of its passage and approval. Passed l /l�� _ Approved Presiding Officer yor ATTEST: City Clerk 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, aaxd Missouri ,VkVMMWhereinafter 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 paiORNW2,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" r 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: By 0 ARD (Mayor) BRENDA M. CIRTIN (City Clerk) STATE OF MISSOURI ) ) SS. COUNTY OF COLE ) On this `�'1` day of r , 1988, before me a Notary Public in and for said County and State aforesaid, personally appeared Louise Gardner to 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 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 sad City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission expires ( COLE K.COUNTY, STATE NOTARY l'1/ I_IC Notary COUNTY, SPATE OF' MlSs(.)U;2I otary Publ�c- MY COMMISSION E,1'I'I1it:S 4176,101 e ' 44RAL MISSOURI PROFESSIONAL SERVICkS• INC. I2310 EAST McCARTV • JEFFERSON CITY.MISSOURI 6!101 • (314)6�3435 .—m gltt�rey111g 11 Test DIMS • Soil Testing iI INLOT 356 i I N SCALE. 1 50 , � J I INL O T 357 I I CITY OF JEFFERSON 1 0 I Book 245, Page 41 I N i I olc N42'01 '40"E 140.32' I i v ~ S42'01 40"M 140.32 ~ I U_j i I �I _ I a I CHAMBER OF COMMERCE j � lNL O T 358 p i i /RDit/ P/iV I�ccvre JACKSON STREET I , LARRY V. BRICKEY, do hereby certify that during the month of May, 1988, under my personal direction, a survey was made regarding a part of Inlot 357 in the City of Jefferson, County of Cole, Missouri , and being more particularly described as follows: BEGINNING at the southeasterly corner of said Inlot 357, thence N47 045105"W, along the southerly tine of said Inlot 357, 10.00 feet; ® thence N42 001 '40"E, 140.32 feet; thence S47 045'05"E, 10.00 feet to the easterly line of said Inlot 357; thence S42.01140"W, along the easterly line of said Inlot 357, 140.32 feet to the POINT OF BEGINNING. Containing 1403.2 square feet. Y � Larry Y Bri key, R.L.S. X1188 ,��1CNNIMII,Ly//1 • q%,. .Ri •�,, �•,aEC�srR�n:"� .y ., o 11EXHISIT All Sheet l of 1 40��IIIH q1u vN,,,,,oi" E A S E M E N T KNOW ALL MEN BY THESE PRESENT, 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 ($1.00) and other valuable consideration in hand paid, the receipt of which is hereby acknowledged, does hereby grant unto UNION ELECTRIC COMPANY, a Missouri corporation, its successors, assigns, licensees, agents, lessees, contractors, sub-contractors, and tenants (hereinafter 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, maintenance or use of, or endanger the safety of, said electrical facilities; and the right to license, permit or otherwise agree to the use or occupancy 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 sign g by its Mayor City seal hereto affixed at Jefferson City, Missouri the _� day of , 19 . CITY OF JEFFERSON, MISSOURI ATTEST: By BRENDA M. CIRTIN (City Clerk) LO CARD (M r) APPROVED AS TO FORM: By . ALL E E4 STATE OF MISSOURI ) SS. COUNTY OF COLE ) On this AOYC -day of , 1988, before me a Notary PublTc-=n for said un and State ` oresaid, personally appeared Louise Gardner to 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 behalf of said City by authority of its City Council; and the said Louise Gardner acknowledged said instrument to be the Tree act and deed of said Cxty. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission expires BONNIE K. SCHRODER. NOTARY PUBLIC Notary Public COLE COUNTY, STATE OF MISSOURI MY COMMISSION EXPIRES 4116191 A 41'41rRAL MISSOURI PROFESSIONAL SERVIdS, INC. I2340 EAST MCCARTY . JEFFERSON CITY.MISSOURI 65101 • (314)14.3433 Eatknione • Surveying Tom DWVinB • Soil Tntind I I INL 0 T 356 I N f G///E 7 _ _ I SCALE.• 1"=50'; LU l N L O T 35 7__ ,07_ O CITY OF JEFFERSON Book 2 45, Page 41 I O � � Ns 1 inl N42'0t '40"E 140.32' I I ' ~ IS42'01 40"N 140.32 LU i Iz I CHAMBER OF COMMERCE Q I I INL 0T 358 I p I Q ---1 1--------------------------------- �r�ov F'i�v JACKSON STREET �cures I , LARRY V. BRICKEY, do hereby certify that during the month of May, 1988, under my personal direction, a survey was made regarding a part of Inlot 357 in the City of Jefferson, County of Cole, Missouri , and being more particularly described as follows: BEGINNING at the southeasterly corner of said Inlot 357, thence N47 045105"N, along the southerly line of said Inlot 357, 10.00 feet; thence N42 001 '40"E, 140.32 feet; thence S47 045105"E, 10.00 feet to the easterly line of said Inlot 357; thence S42 001140"N, along the easterly line of said Inlot 357, 140.32 feet to the POINT OF BEGINNING. Containing 1403.2 square feet. Y• � Larry Vj Brickey, t R.L.S. #1188 5 g.OU'ri c'%RECi URED "EXHIBIT All 0 Sheet 1 of 1 ��/Qq 1u1RV,,,,`,0,,