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HomeMy WebLinkAboutRES.1725.11-05-2001C BILL NO. 2001-220 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A WATER LINE EASEMENT AGREEMENT WITH UNION ELECTRIC COMPANY d/b/a AmerenUE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Water Line Easement Agreement with Union Electric Company d/b/a AmerenUE for a water main extension for potable water for the City's Water Plant No. 2. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF lC�� �tY��� .� 20 ATTEST: Gayle L. Conrad, City Clerk WATER LINE EASEMENT AGREEMENT THIS INDENTURE, made and entered into this _ day of , 20 by and between UNION ELECTRIC COMPANY d/b/a AmerenUE, a Missouri corporation, its successors and assigns ("Grantor"), and, the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the State of Missouri, its successors and assigns ("Grantee"); WITNESSETH: For and in consideration of the sum of One Dollar ($1.00), and the covenants and provisions hereinafter set out, Grantor does hereby Remise, Release and forever Quit -Claim unto Grantee the perpetual right and easement for a water main extension for potable water from City's Water Plant No. 2 ("Grantee's Facilities") as depicted on the plans and specifications therefor on file in the office of the City Engineer, identified as the Greater Cape Girardeau Water Main Extension Project and incorporated herein by reference ("Grantee's Engineering Plan"). Said right and easement is for the purpose of enabling the City, its agents, servants and contractors in install, erect, excavate, maintain, construct, operate, repair, remove, reinstall and replace one or more water mains from time to time in, under, and across the hereinafter described easement area on property of Grantor located in the County of Cape Girardeau, Missouri, described below, and for access in conjunction therewith: PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE 5T" PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest corner of a tract of land recorded in Book 157, Page 250 and Book 262, Pages 483 and 485 in Cape County Recorder's Office, also being the intersection of the Burlington Northern Railroad Company and Missouri Department of Transportation Old Highway 61 Right of Way lines; thence N64°40'00"E along the south line of the Burlington Northern Railroad Company right of way a distance of 245.50 feet more or less to the point of beginning; thence leaving said right of way in a southerly direction the following bearings and distances: S17°00'22"E a distance of 115.40 feet, S35°23'30"E a distance of 75.75 feet; thence S34°50'03"E a distance of 68.07 feet; thence S37°32'00"E a distance of 222.61 feet; thence S29°25'26"E a distance of 235.11 feet; thence S26°59'32"E a distance of 155.33 feet; thence SO4°46'19"E a distance of 159.27 feet; thence S15°40'48"W a distance of 219.67 feet; thence S16°29'20"W a distance of 63.42 feet; thence S36°45'25"W a distance of 41.58 feet; thence S55°25'43"W, a distance of 75.90 feet; thence S66°45'34"W a distance of 68.02 feet; thence S87°59'58"W a distance of 366.09 feet; thence N83°36'53"W a distance of 48.61 feet more or less to a point on the Missouri Department of Transportation Old Highway 61 east right of way line; thence along said right of way line S01 °53'00"E a distance of 46.78 feet more or less to a point on the South property line of said tract; thence along the said south property line N88°07'00"E a distance of 416.02 feet; thence N73°02'36"E a distance of 122.73 feet; thence N15°42'53"E a distance of 41.98 feet; thence N33°51'40"E a distance of 65.21 feet; thence N16°29'12"E a distance of 68.24 feet; thence N15°40'48"E a distance of 224.18 feet; thence N07°35'08"E a distance of 140.84 feet; thence N31 °34'36"W a distance of 202.15 feet; thence N29°29'02"W a distance of 238.63 feet; thence N37°32'00"W a distance of 222.02 feet; thence N34°50'03"W a distance of 67.48 feet; thence N35°23'27"W a distance of 71.94 feet; thence N16°38'20"W a distance of 115.04 feet to a point on the Burlington Northern Railroad Company right of way; thence S64°40'00"W along said right of way a distance of 21.26 feet more or less to the point of beginning and containing 1.266 acres more or less, subject to any other easements of record. RESERVING, however unto Grantor, the continuing and paramount right to use Grantor's above described property for the utility facilities of Grantor in conjunction with Grantor's gas and/or electric utility business. A(,RFFMFNT The parties hereby agree as follows: 1. Future Changes in Grantee's Facilities. If Grantee desires in the future to modify, Grantee's facilities hereunder, Grantee shall so notify Grantor and shall provide Grantor drawings and specifications for the proposed modification of Grantee's facilities ("Grantee's Modified Plans"). If Grantor determines that the modifications set out in Grantee's Modified Plans would interfere with Grantor's use of its property for its gas and/or utility business, Grantor shall so notify Grantee. The parties shall then endeavor to reach agreement as to an alternate plan which would avoid such interference. If Grantor agrees to change or relocate its utility facilities to accommodate Grantee's Modified Plans, Grantee shall pay all Grantor's costs and expenses therefor. If the parties agree as to another portion of Grantor's property for relocating Grantee's water line facilities, Grantor shall grant unto Grantee a substitute easement thereon at no cost to Grantee; but all costs and expenses of said relocation shall be borne by Grantee; and Grantee shall vacate and release this easement to the extent no longer required for the agreed -to relocation of Grantee's facilities. 2. Precautions. a.) Grantee shall, prior to performing or authorizing any work on the above described easement area, warn and instruct its employees, agents, and/or contractors, of the nature and location of the facilities belonging to the Grantor in the vicinity of the easement area, including without limitation Grantor's 34.5kV electrical lines and its 250 psi natural gas transmission main depicted on Grantee's Engineering Plan, and the dangers and appropriate precautions for working in proximity to the electric and gas facilities on Grantor's property so as to avoid personal injury, interference with the operations of or access to the facilities of Grantor, and to avoid damage to said facilities. b.) Grantee shall run water line outside Grantor's rock levee. Grantee will take precautions during installation of said water line so as not to damage the levee, nor the reliability of the levee, nor other structures of Grantor. -2- 3. Clearances, Laws, Regulations and Codes. Grantee shall be responsible for abiding by and causing its employees, agents, and contractors to abide by all pertinent engineering codes, laws and regulations as amended from time to time, including without limitation, the National Electrical Safety Code (especially in terms of preventing "transfer potentials"), the Overhead Powerline Safety Act (Section 319.075 et seq. RSMo. 1986), the Underground Facility Safety and Damage Prevention Act (Section 319.010, RSMo. 1986), and 49 CFR Part 192 "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards", Section 192.325 and 4 CSR 240-40.030(7)(M). (A copy of said State Regulation is attached hereto for convenience as Exhibit 1 and made a part hereof.) If good engineering practices require greater clearance or precautions, or if Grantor provides Grantee with further instructions respecting safety or of clearances which are greater than those imposed by such codes, laws and/or regulations, Grantee shall abide by such greater precautions or clearances. 4. Advance Notice of Work. a) Grantee shall, insofar as practicable, provide Grantor with two (2) weeks advance written notice of any work involving: (i) excavation within ten (10) feet horizontally of any of Grantor's structures, or (ii) use of cranes or other equipment more than twelve (12) feet in height, or (iii) excavation within ten (10) feet, either horizontally or vertically, of Grantor's underground gas transmission main. b) Grantor shall, insofar as practicable, provide Grantee with two (2) weeks advance written notice of any work on the facilities of Grantor involving excavation within ten (10) feet of Grantee's water facilities. 5. Restoration. Grantee shall restore all cuts, ditches, trenches, ruts or excavations made in the course of any work on its Grantee's facilities, and shall restore the surface, as nearly as practicable to its condition prior to such work. 6. Operations by Grantee. Grantee shall continually operate and maintain its facilities in an efficient and orderly manner and shall exercise its easement rights hereunder in such a way as to minimize any annoyance to Grantor's enjoyment of its property. 7. Permits. Grantee shall obtain any permits required in connection with Grantee's facilities. 8. Insurance. If Grantee carries insurance as authorized in Sections 537.600 et seq. RSMo. 1994 and any amendments thereto, it shall name Grantor as an additional insured. Grantee shall carry Workers' Compensation insurance with limits no less than required by law. If Grantee retains contractors to perform work on the Grantee's facilities located on the Easement -3- area, Grantee shall require them to carry Workers' Compensation insurance with limits no less than required by law and to carry general liability insurance and comprehensive auto liability insurance for owned and blanket non -owned and hired coverage, all on an occurrence basis. The minimum limits of said insurance shall be the greater of (1) the amounts which Grantee requires said contractor(s) to carry for Grantee, or (2) $500,000 as to any one occurrence and a minimum annual aggregate limits of $1,000,000. Grantee shall furnish Grantor with certificates of insurance evidencing the insurance required herein, which certificates shall provide that the certificate issuer shall endeavor to send notice of cancellation or termination of any insurance coverage to the certificate holder. Grantee and its contractor(s) shall not cancel or change any such policy except after thirty (30) days' written notice to Grantor. Said certificates shall be mailed to AmerenUE, Attention: Insurance Division, 1901 Chouteau Avenue, P.O. Box 66149, (MC 1350), St. Louis, MO 63166-6149. 9. Remedies. In the event the Grantee breaches any of its duties hereunder, and said breach may affect the operation or safety of Grantor's facilities or the safety of the public, and if after notice thereof in writing, Grantee does not correct same, Grantee hereby acknowledges that Grantor shall be entitled to equitable relief as well as damages, if any, incurred by the Grantor by reason of said breach. Grantor shall also have the right, after reasonable notice, to perform or engage others to perform any work required so as to correct the conditions constituting any breach by Grantee; in which event grantee hereby agrees to compensate Grantor for whatever costs and expenses Grantor shall have incurred thereby. 10. Liens. Grantee covenants that it shall not permit any liens upon the property of Grantor to arise out of Grantee's exercise of its rights and performance of its duties hereunder. 11. Mortgage of Grantor. This Easement is subject to a certain mortgage and deed of trust dated June 15, 1937, and supplements thereto, given by Grantor in favor of The Bank of New York, as trustee, and it is further agreed that none of the terms or conditions of this Easement shall be construed to be in conflict with any of the provisions of or affect the lien of said mortgage and supplements thereto or any renewals thereof, or any instrument supplemental to or in substitution therefor or in addition thereto, which may at any time be executed during the period of this Easement by said Grantor or any of its grantees, successors, or assigns. -4- IN WITNESS WHEREOF, the parties have executed this instrument, effective the day and year first above mentioned. UNION ELECTRIC COMPANY d/b/a AmerenUE By ATTEST: Title: Assistant Secretary CITY OF CAPE GIRARDEAU By: ATTEST: Title: Mayor Title: C; t -y C Prk STATE OF MISSOURI COUNTY OF } SS On this day of , 20 , before me appeared , to me personally known, who, being by me duly sworn, did say that he/she is President of UNION ELECTRIC COMPANY d/b/a AmerenUE, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of said corporation My Commission expires STATE OF MISSOURI SS COUNTY OF Notary Public On this day of , 20 , before me, the undersigned City Clerk of the City of Cape Girardeau, Missouri, appeared Albert M. Soraal inq TTT to me known to be the Mayor of the CITY OF CAPE GIRARDEAU, State of Missouri, in my presence did execute the foregoing Water Line Easement Agreement on behalf of said City, pursuant to authority of its City Council. In witness whereof, I have hereunto set my hand and affixed the official seal of said City. My Commission expires Notary Public DSB/rst g:\redocs\easement\dsb-water line ease agmt-cape girardeau 10/24/01 -5- EXHIBIT 1 Section (7) (M) (192.325) Underground Clearance. 1. [(a)] Each transmission line must be installed with at least [12] twelve inches JM of clearance from any other underground structure not associated with the transmission line. If this clearance cannot be attained, the transmission line must be protected from damage that might result from the proximity of the other structure. 2. [(b)] Each main must be installed with enough clearance from any other underground structure to allow proper maintenance and to protect against damage that might result from proximity to other structures. 3. [(c)] In addition to meeting the requirements of paragraph [(a) or (b) of this section] (7) (M) 1. or 2., each plastic transmission line or main must be installed with sufficient clearance, or must be insulated, from any source of heat so as to prevent the heat from impairing the serviceability of the pipe. 4. [(d)] Each pipe -type or bottle -type holder must be installed with a minimum clearance from any other holder as prescribed in [§192.175(b)] paragraph (4) (S)2.