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HomeMy Public PortalAboutORD07943 BILL NO. �2;L" INTRODUCED BY COUNCILMAN: ORDINANCE NO. . AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN ELECTRIC LINE EASEMENT IN FAVOR OF THE MISSOURI POWER AND LIGHT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized, for and in behalf of the City of Jefferson, Missouri, to execute a written electric line easement in favor of the Missouri Power and Light Company as grantee. Section Z. Said electric line easement shall read in words and figures as follows: NINW r ELECTRIC LINE EASEMENT I For and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, the undersigned City.of Jefferson,Mo„Grantor , herein and Owners of the following described land situated in Cole•County, I 1 State of Missouri, to wit: Part of the West half of Section 2, Township 44, Range 120 Cole County, Missouri more particularly described i as follows: From the southwest corner of Section 2, Township 44, Range 12; thence North 4 degrees 40 minutes west, along the section line, 1729.21 feet, to the southwest corner of the tract conveyed to the Missouri Power & Light Company, of record in Book 72, page 245, Cole County Recorder's Office; thence North 85 degrees 13 minutes east, along the southerly line of the said Missouri Power & Light Company tract and along the southerly line of a tract conveyed to Von Hoffman Press, Inc., by Warranty Deed of record in Book 141, page 24, Cole County Recorder's Office, and the easterly extension thereof, 1021.40 feet, to the easterly line of 'the 80 foot strip of land 'con- veyed for road purposes to the County of Cole by conveyance of record in Book 173, page 433, Cole County Recorder's Office, —► and the beginning point of this description thence North 5 degrees 23 minutes west, along the easterly line of said tract conveyed for road purposes, 879.37 feet, to the southerly line of a tract conveyed for road purposes to the City of Jefferson, by Quitclaim Deed of record in Book 138, page 239., Cole County Recorder's Office; thence South 71 degrees 18 minutes east, along the southerly line of said tract, 370.30 feet, to the easterly line of a tract conveyed to the Jaycees Cole County Fair Association, by Warranty Deed of record in Book 136, page i 20, Cole County Recorder's Office; thence South 5 degrees 15 minutes east; along said easterly line, 300.0 feet; thenc4 V South 64 degrees 56 minutes east, 655.57 feet; thence South 62 degrees 45 minutes east,. 562.92 feet, to a point on the a south line of a tract conveyed to Arthur H. Beck and wife, by f Warranty Deed of record in Book 97, page 77, Cole County Recorder's Office; thence North 85 degrees 38 minutes east, along the south line of the said Beck tract, 245.0 feet, to the westerly line of the tract conveyed to J. M. Wison and wife, by Warranty Deed of record in Book 108, page 535, Cole County Recorder's Office; thence South 4 degrees 20 minutes east, along the westerly line of the said Wilson tract, 850.0 i feet; thence South 86 degrees 25 minutes west, 1272.16 feet; i thence North 5 degrees 15 minutes west, 725.40 feet; thence North 56 degrees 20 minutes west, 128.7 feet; thence North I . 73 degrees 00 minutes west, 99.7 feet; thence North 81 degrees 00 minutes west, 95.04 feet; thence South 77 degrees 40 minutes west, 50.28 feet, to the east line of the above described tract conveyed to the County of Cole of record in Book 173, page 433; thence North 5 degrees 23 minutes west, 169.23 feet to the ? beginning point of this description, as set forth according to the Survey of P. S. Thomas, Consulting Engineer, Jefferson City, Missouri, dated January, 1966. I I ' i 1 does hereby grant, convey and warrant unto the Missouri Power & Light Company, Grantee herein, its successors, assigns and lessees, the perpetual right and easement to erect, reconstruct, operate 4nd maintain under varying conditions of operations, renew and remove, an electric transmission and i distribution line, the poles, anchors, stubs, brace poles, guys, crossarms, insulators, conductors, ground wires, cables and other equipment appurtenant thereto, for the transmission and distribution of electric energy in, on, over, upon, through and across a fifty foot strip of the aforesaid described property upon which strip an electric line is to be located and which strip is more particularly described as follows: From the Southwest corner of the Southeast fourth of the Southwest quarter of Section 2, run thence North 5 degrees '�. 15 minutes West along the West line of said fourth quarter section 1366.9 feet to the point of beginning; thence South 43 degrees 26 minutes East 573.7 feet;' thence North 84 degrees 29 minutes East, 938.1 feet to the East line of the above described land at a point 129.5 feet North of the Southeast corner of Grantor's land herein described; from the aforesaid point of beginning run South 43 degrees 26 minutes East, 573.7 feet to a point, from said point locate anchors as follows: South 43 degrees 26 minutes East, 49 feet and South 43 degrees 26 minutes East 55.5 feet South 84 degrees 29 minutes West 39 feet and South 84 degrees 29 minutes West 46 feet. Also, beginning on the East right-of-way line of the 80 foot wide street known as Jaycee Drive at a point 69.92 feet North of the intersection of said East right--of-way line with thei North line of the E. L. Crane property, said point being also on the center line of an existing electric line easement dated February 16, 1955, recorded in Book 141 at page 95 of the Cole County Recorder's records; and running thence Easterly along the center line of the aforesaid easement, 102.7 feet; thence South 43 degrees 26 minutes East, 89.24 feet to a point of ending on the North line of the E. L. Crane land; from a point which lies North 43 degrees 26 minutes West 89.24 feet from the aforesaid paint of ending locate the following items: One guy stub N. 43 degrees 26 minutes West, 55 feet One anchor N. 43 degrees 26 minutes West, 74.5 feet One anchor N. 43 degrees 26 minutes West, 80.5 feet One anchor S. 86 degrees 24 minutes East, 47 feet One anchor S. 86 degrees 24 minutes East, 53 feet; together with such additional anchor locations as may from time to time be necessary to enjoy the rights granted above. together with the right of ingress to and egress from such lands over lands 02 - r of Grantor for the purpose of patrolling said line, or repairing or renewing the same, and for doing anything necessary for the enjoyment of the easement herein granted and to trim or fell such trees, branches, shrubbery, bushes and remove such 'other obstacles as may interfere with the safe, proper and expeditious erection, operation and maintenance, under.varying conditions of operation, renewal and removal of said line, or any part thereof, without further payment therefor except as hereinafter provided. The center line of the ! right-of-way easement herein granted shall be established by the longitudinal center of said electric line upon its initial erection; upon any reconstruction, renewal, replacement or substitution of said electric line, in whole or in part, the locationsof poles may be changed, but as nearly as practical such poles or 4 structures shall be located over and upon said center line of the electric line 1 as theretofore constructed or erected. Any damages to crops and fences of the Grantor caused by the erection, reconstruction, operation and maintenance under varying conditions of operation, renewal and removal of said line, if the repair thereof or the amount thereof n . be mutually agreed upon, such amount shall be immediately paid by Grantee, but if not mutually agreed upon, shall be ascertained by three disinterested persons, one of whom shall be selected by Grantor, one by Grantee, their heirs, successors, administrators, assigns or lessees, and the third by the two so selebted, and the amount of damages determined by such persons, or a majority of them shall be conclusive and binding upon the parties hereto, their heirs, administrators, successors, assigns and lessees, and Grantee shall thereupon pay the amount so determined. This instrument is executed and accepted with the express under- standing that the Grantee herein is not bound to do or perform any act, or pay i + any consideration except as herein expressly provided. f1 Subject to the foregoing this grant shall be binding upon the heirs, successors, administrators and assigns of the undersigned. I - 3 - i f f+ WITNESS the hand and seal of the Grantor this /,r"R� day of 19 City of Jeffer n, Missouri By Mayor ATTEST: City Clerk STATE OF MISSOURI ) ss. COUNTY OF COLE ) On this �� day of sti��Mt 1967, before me personally appeared John G. Christy, to me personally known, who, being by me sworn, did say that he is the Mayor of the City of Jefferson City and that the foregoing instrument was signed on behalf of said City by authority of its City Council. And the said John G. Christy acknowledges said instrument to be the free act and deed of said City, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Jefferson City, the day and year first above written. Notary Public ` My commission expires 4 Section 3. This ordinance shall take effect and be in force from and after its passage and approval. WA Passed- ��a,f�r Approved: A 0 Zr7 o° �f• esident of the Council Mayor Atte st: �34 CiW Clerk