AGENDA ITEM May 20, 2014

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AGENDA ITEM May 20, 2014

Subject: Cottey College Waterline Replacement Project Department: Administration

During the Cottey College Waterline Replacement Pre-construction meeting on Tuesday May 6th, it was discovered an additional easement was needed for the 4" waterline extension crossing South Chestnut Street.

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BILL NO. 2014-041 ORDINANCE NO.

A SPECIAL ORDINANCE OF THE CITY OF NEVADA, MISSOURI, ACCEPTING A WATER LINE EASEMENT FOR THE COTTEY COLLEGE WATERLINE

REPLACEMENT PROJECT.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEVADA, MISSOURI THAT:

Section 1. The easement attached hereto and incorporated herein by reference granting easements for water lines associated with the Cottey College Waterline Replacement Project is hereby accepted.

Section 2. The Council finds that the Planning Commission held a public hearing for which notice was duly published and the acceptance of the water line easements come with a positive recommendation by that body.

Section 3. The City Clerk is authorized to have the easement recorded with the Recorder of Deeds, Vernon County, Missouri.

This ordinance shall be in full force and effect after its passage.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Nevada, Missouri, this 3rd_{day of June, 2014.}

____________________________ Seth Barrett, Mayor

(seal) ATTEST

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WATER LINE EASEMENT

THIS INDENTURE, made on the day of 2014, by and between STEVEN R. BELL, a single person of Vernon County, Missouri, hereafter called Grantor, and City of Nevada, Missouri, a municipal corporation of the State of Missouri, hereafter called Grantee, whose address is 110 S. Ash, Nevada, Missouri 64772,

WITNESSETH, that Grantor, in consideration of the sum of Ten Dollar and Other Good and Valuable Consideration, the receipt and adequacy of which is hereby acknowledged, do hereby GRANT, BARGAIN, SELL, CONVEY and CONFIRM unto the Grantee and unto its successors and assigns forever, an easement to enter upon the lands of the Grantor situated in Vernon County, Missouri and described as follows:

Grantor's property is described as:

LOT FIVE (5) IN BLOCK SIX (6) OF TUCKER'S SECOND ADDITION in the City of Nevada, Vernon County, Missouri, except that part conveyed for Highway Purposes. Recorded at Book 516, Page 475 in the Vernon County, Missouri records.

The waterline easement provided by this instrument is restricted on said property as follows:

To enhance fire protection and improve water quality the owner and the City find it necessary to construct a new 4" PVC waterline and connect to an existing dead-end waterline at the Southeast corner of West Austin Boulevard and South Chestnut Street. For this purpose, the parties agree that:

1. The new water main will be located by the city and the measurements of the centerline of the pipe to the nearest property lines will be determined by the city.

2. The City will enter the Grantor's property to construct the line and reconnect the owners' facilities if needed.

3. The measurements precisely locating the pipe will be entered in this easement by the City to the end that the City's easement may be restricted to 10 feet (10') in width, five feet (5') in width on each side, parallel with the center on the line as installed. For purposes of repairs

WATER LINE EASEMENT

THIS INDENTURE, made on the day of 2014, by and between STEVEN R. BELL, a single person of Vernon County, Missouri, hereafter called Grantor, and City of Nevada, Missouri, a municipal corporation of the State of Missouri, hereafter called Grantee, whose address is 110 S. Ash, Nevada, Missouri 64772,

WITNESSETH, that Grantor, in consideration of the sum of Ten Dollar and Other Good and Valuable Consideration, the receipt and adequacy of which is hereby acknowledged, do hereby GRANT, BARGAIN, SELL, CONVEY and CONFIRM unto the Grantee and unto its successors and assigns forever, an easement to enter upon the lands of the Grantor situated in Vernon County, Missouri and described as follows:

Grantor's property is described as:

LOT FIVE (5) IN BLOCK SIX (6) OF TUCKER'S SECOND ADDITION in the City of Nevada, Vernon County, Missouri, except that part conveyed for Highway Purposes. Recorded at Book 516, Page 475 in the Vernon County, Missouri records.

The waterline easement provided by this instrument is restricted on said property as follows:

To enhance fire protection and improve water quality the owner and the City find it necessary to construct a new 4" PVC waterline and connect to an existing dead-end waterline at the Southeast corner of West Austin Boulevard and South Chestnut Street. For this purpose, the parties agree that:

1. The new water main will be located by the city and the measurements of the centerline of the pipe to the nearest property lines will be determined by the city.

2. The City will enter the Grantor's property to construct the line and reconnect the owners' facilities if needed.

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and/or replacement, the City will have a temporary easement on that portion of the property upon which improvements are not constructed twenty feet (20') in width, ten feet (10') in width on each side, parallel with the center on the line as installed

4. All recording costs will be paid by the City of Nevada, MO.

5. The city will be instructed to promptly make the repairs and restore the property to its original condition as nearly as feasible and to repair settlements or washing as promptly as is reasonably feasible given weather and availability of personnel. Areas disturbed will be re-seeded. Disturbed asphalt, curbing and sidewalk will be repaired.

This document permits the City hereafter to construct, operate, inspect, maintain, repair, rebuild, replace, remove and patrol water lines and appliances necessary in connection therewith, together with the right to go in and upon said lands for said purposes. The easement hereby granted shall be in the width and for the limited purposes hereinabove described. The location of this easement is designated by the City — the parties having agreed the easement is in precisely the location of the installed waterline to 10 feet (10') in width, five feet (5') in width on each side, parallel with the center on the line as installed

TO HAVE AND TO HOLD said easement and rights unto said City of Nevada,

Missouri, and unto its successors and assigns forever.

IN WITNESS WHEREOF, the Grantors have executed this instrument this day of

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, 2014.

Steven R. Bell

and/or replacement, the City will have a temporary easement on that portion of the property upon which improvements are not constructed twenty feet (20') in width, ten feet (10') in width on each side, parallel with the center on the line as installed

4. All recording costs will be paid by the City of Nevada, MO.

5. The city will be instructed to promptly make the repairs and restore the property to its original condition as nearly as feasible and to repair settlements or washing as promptly as is reasonably feasible given weather and availability of personnel. Areas disturbed will be re-seeded. Disturbed asphalt, curbing and sidewalk will be repaired.

This document permits the City hereafter to construct, operate, inspect, maintain, repair, rebuild, replace, remove and patrol water lines and appliances necessary in connection therewith, together with the right to go in and upon said lands for said purposes. The easement hereby granted shall be in the width and for the limited purposes hereinabove described. The location of this easement is designated by the City — the parties having agreed the easement is in precisely the location of the installed waterline to 10 feet (10') in width, five feet (5') in width on each side, parallel with the center on the line as installed

TO HAVE AND TO HOLD said easement and rights unto said City of Nevada,

Missouri, and unto its successors and assigns forever.

IN WITNESS WHEREOF, the Grantors have executed this instrument this day of

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, 2014.

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Not ry Public, issouri

ACKNOWLEDGEMENT

STATE OF MISSOURI )

ss.

COUNTY OF VERNON )

On this

3Th

day of

'Mexy

_{, 2014 before me a Notary Public in}

and for Vernon County, Missouri, pers6nally appeared STEVEN R. BELL to me known to be the Grantor described in and who executed the foregoing instrument and acknowledged that the execution thereof was a free and voluntary act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Vernon County, Missouri, the day and year first above written.

(SEAL)

BEVERLY J. BAKER Notary Public-Notary Seal

STATE OF MISSOURI County of Vernon

My Commission Expires: 07-12-2017 Commission #13404372