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HomeMy Public PortalAboutORD10453 BILL NO. 85-40 SPONSORED BY COUNCILMAN Viessman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SET OF CONTRACTS FOR THE CONSTRUCTION AND USE OF AN INDUSTRIAL RAIL SPUR BETWEEN THE CITY, UNION PACIFIC, HOOVER UNIVERSAL, INC. , AND RAILTON TRUST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute agreement with Union Pacific, Hoover Universal, Inc. , and Railton Trust. Section 2. The agreements shall be substantially the same in form and content as the contract attached hereto as Exhibits A, B and C Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 57 Approved -7 Y5— Pre ding Officer Ma or ATTEST: City Clerk FORM 20037 2139 INDUSTRIAL TRACK AGREEMENT THIS AGREEMENT, executed in duplicate May 29, , 19 85 , WITNESSETH: The undersigned Shipper ( a Municipal corporation ) to be addressed at 320 E. McCarty S ., Jefferson City, ( du4 aopartam or core.3;eta"wtuae Incorrante9) Missouri, 65101 , shall be served by two proposed tracks, designated Tracks "A" and "B" , 1,541 and 909 feet long, more or less, respectively, col1ectiv ��r ki � 9 and appurtenances, herein�,called Switch. Switch is located at or near Jefferson City Cole , (piaom) (county ) Missou� ) , approximately where shown by heavy solid blue and lliimi�ts, on the undersigned Carrier's cross-hatched solid bluL' attached print, map number 4-3-120A , dam at Kansas City , Missouri May , 6 , revised May 30, 1985. (pia) (State) (month) (day) 19 85,/. "Switch" also means, except as respects cost, ownership•and maintenance, any addition to or extension of Switch. "Connection"means any turnout(in any track of Carrier from which Switch may lead)and remainder of Switch up to the nearest clearance point. 1. Shipper shall, at Shipper's cost, perform the grading to protvide roadbed for Switch, including six (6) inches of lime stabilization and twelve (12) inches of compacted crushed rock subballast; furnish and install all necessary drainage structures; adjust and protect all utility crossings; and construct the 1,307-foot section of Track "A" , comprised in Switch, and entire Track "B", comprised in Switch, to be located beyond Carrier's right-of-way line. Carrier shall, at Carrier's cost, remove certain existing- trackage and relay a portion of Carrier's Track No. 115 in order to install the turnout for said Track "A"; and construct the 234-foot section of said Track "A" to be located on Carrier's right-of-way. Carrier's and Shipper's material and work shall conform to Carrier's current require- nts, standards and practices for industrial spur tracks. 2. Carrier may use Switch when not unnecessarily detrimental to Shipper. Carrier shall maintain Connection at Carrier's cost. Remainder of Switch on right of way, except any planking or paving, shall be maintained by Carrier for Shipper, and Shipper shall pay therefor, annually in advance, an amount computed, annually at$1.15 for each foot of track in said remainder of Switch on right of way. Shipper, at Shipper's cost, shall maintain that section of Switch off right of way. Shipper, at Shipper's cost, shall provide anything required by law for protection or benefit of owners of land adjacent to Switch. Shipper, at Shipper's cost, shall adjust Switch to any additional tracks installed by or for Shipper or by reason of changes desired by Shipper for the benefit or convenience of Shipper. If any adjustment of Switch is made necessary by public improvement work required by governmental authority Shipper shall bear the cost of adkisting that section of Switch the maintenance of which is assumed by Shipper. Carrier on Shipper's written request may, as agent of Shipper, furnish or do anything required of Shipper hereunder, and Shipper on request shall deposit with Carrier in advance estimated cost thereof. If any deposit under this agreement be less than Carrier's cost, Shipper shall pay difference; if more, Carrier shall repay difference. Shipper shall pay Carrier's customary charges for labor, materials,equipment and supplies,and for handling,accounting and supervision. 3. Shipper shall not erect or maintain, or allow to be erected or maintained, any building,structure or fixture,or place or store, or allow to be placed or stored, material, equipment or obstruction of any kind, over or adjacent to Switch at distances less than thorn prescribed by competent public authority; and in no event shall any such building, structure, fixture, material, equipment or obstruction be erected, maintained, placed or stored at a height less than twenty-three feet above nearer rail, or at a distance less than eight and one-half feet from the center line, of Switch; provided: (i) the overhead minimum clearance of wires shall be in accordance with specifications of the current National Electrical Safety Code, and in no event less than twenty-seven feet above nearer rail of Switch, (ii) the horizontal minimum clearance with respect to curved tracks shall be increased one inch for each degree of curvature,and(iii)loading platform of car floor height may be constructed with a horizontal clearance which is not prohibited under clearance regulations established by competent public authority and which shall have the approval of Carrier's Chief Engineer. Shipper assumes full responsibility for, and shall defend, indemnify and �p harrnleu the Carrier from and against, any and all liability, suits,claims,damages,costs(including attorneys'fees), , outlays and expenses in any manner caused by,arising out of or connected with the failure or refusal of Shipper to comply with, observe or perform any of the provisions of this Paragraph S,notwithstanding any possible negligence (whether sole,concurrent or otherwise) on the part of Carrier,its agents or employes. Pate 1 `4. It i! underst6od that movement of railroad locomotives involves some risk of f1m and; unloWsolely cvmw b3i tI%negligence of Carrier, which Shipper shall have the burden of proving, Shipper'assumes all responsibility for ancl agrow to indemnify Cartier against log or damage to property of Shipper or to property upon Shipper's promisee arising from firs caused by locomotives operated by Carrier on Switch, or in its vicinity, for purpose of serving Shipper on Shipperr's tenant, if oM.sxcept to premises of Carrier and to rolling stock belonging to Carrier os to others and toi -��pments in course oil. rtation. Shipper also agrees to indemnify and hold harunless Carrier fc�9 ?oss, damage o$ from any act or oaision of Shipper,Shipper's employes or agents,to the person or property of the parties heretq and their employes and to the person or property of any other person or corporation, while on or about Switch;and; except as otherwise provided izi*b agreement, if any claim or liability shall arise from joint or concurring negligence of both parties hereto,it shall be borne by them equally. 5. Terra hereof shall be concluded (a) by either party serving on the other party 90 days' written notice of such being the intention, (b) by Shipper failing for 20 days to cure any default after written notice thereof,or(c)at Carrier's election without notice by Shipper's non-user of Switch for six consecutive months. Any notice of Carrier shall be deemed seared when deposited, postage prepaid, in U, S. mall addressed to Shipper as aforesaid. Any of Switch on Carrier's premises shall belong to Carrier, who may remove same upon conclusion of this agreement. "Carrier's premises" includes any public highway within Carrier's right of way produced. Covenants herein shall inure to or bind each party's heirs, legal. representatives, successors and assigns; provided: no right of Shipper shall be transferred or assigned.,either voluntarily or involuntarily, except by agreement acceptable to Carrier. Carrier or Shipper may waive any default of the other without affecting, or impairing any right arising from,any subsequent default. Knowledge of or notice to Carrier of any default by Shipper hereunder and Carrier's continued operation over Switch thereafter shall not be a waiver by Carrier of aby such default or of any covenant. 6. Shipper, when returning this agreement to Carrier (signed) , shall cause same 'to be accompanied by such order, resolution or ordinance of the governing body of the City of Jefferson City, Missouri, passed and approved as by law prescribed, and duly-certified, evidencing the authority of the person executing this agreement on behalf of City with the power so to do. WITNESSES: MISSOURI P��'f1.CIFIC RAILROAD COMPANY .��. ....." .. ::. .................... By .` :...�...... ��pe; ............... Vice Presi entPU" ........ ...:.........:.... .......................................... A CITY OF JEFFERSON CITY, MISSOURI o •• •• u• eo..' .S•...i.• .. •• • • . •.....•.•...qu• • • • • . iii •�s •..• •.•.••u•...••• tAtsbe asst) City Clerk 6ayr / Ass ."Mod pasty tsse" l •!{!E�{!ti{�{�{>~di{i{iI,H�{X,HXX�{i{iIi{,KXXXXXXXXXXXXX• �k�e��;��c��c�c�t�cx��x�;K���c�c#{XXi(XXXXXXXX• IPA"s a h� I. ,w+am'r1O'J97 7S!`qT!17;t1�.��,,��,.:'TJ'a.�'l�i� +�s.� ,�+« e•?.'�� '�tY-�,•',°�$�r:^�"'s.�."r"r"V{c},+.8.:''�t�� .r"/•.,i:`:'r'+i'Sir`S.:'��"r.":�:Cw^M+�.aT{4' k1tC.'�{�t;_.V4�y'�"i't'.^{;mt�:�1�'�; �.y"i`�n��fc'SN};� �iQ;r".i!x1-.�k6�Y.7��� ! I 67a : 1 ; Aft t j . laic'//VT / 1rlf.�,� I 1 ' + MISSOURI PACIFIC RAILROAD „ , , t CENTRAL DISTRICT....' .. ? PROPOSED TRACKS TO SERVE CITY OF JEFFERSON CITY, MISSOURI i AT JEFFERSON CITY, MISSOURI i o OFFICE OF DISTRICT ENGINEER,KANSAS CITY,MO. DRAFTS MM' SCALE /VOTE"40 W1TE• iQ;Y :� QA.F •FILE NO.'':. THIS AGREEMENT, entered into in triplicate May, 30, 1985, by and between the MISSOURI PACIFIC RAILROAD COMPANY, herein called "Carrier" and CITY OF JEFFERSON CITY, MISSOURI, a Municipal corporation, to be addressed at 320 East McCarty Street, Jefferson City, Missouri, 65101, herein called "Shipper", and HOOVER UNIVERSAL, INC. , a Michigan corporation, to be addressed at P. 0. Box 1003, Ann Arbor, Michigan, 48106, herein called "Applicant", WITNESSETH: R E C I T A L S: There is now in effect between Carrier and Shipper a certain written agreement, hereinafter referred to as "Basic Contract", dated May 29, 1985, respecting, among other things, Carrier serving certain premises of Shipper, located in Jefferson City, Cole County, Missouri, by means of two certain proposed tracks, designated Tracks "A" and "B", 1,541 and 909 feet long, more or less, respectively, and appurtenances herein and in Basic Contract called Switch. Applicant herein represents it has leased from Shipper a portion of Shipper's improvements located adjacent to and served by a portion' of Switch and has acquired from Shipper, to the extent of Shippers interest, the right to be served on Track "B", comprised in Switch, during, but not beyond the term of, Basic Contract and desires Carrier's consent thereto. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements herein contained, the respective parties hereto agree that effective with the date hereof; (1st) the word "Shipper", where and as appearing in the Basic Contract, shall, with respect to the service to be performed by Carrier pursuant to Basic Contract, be deemed to mean the Shipper and the Applicant, as their interests may appear. (2nd) in consideration of the Carrier so serving the Applicant, and the Shipper granting Applicant permission to be served on Track "B", comprised in Switch, Applicant shall and does hereby agree to be bound by the provisions of Sections 3 and 4 of Basic Contract with respect to Applicant, Applicant's employees and property, and the operations of Applicant, Applicant's employees, invitees and licensees on or near said Switch, to the same extent as if Applicant instead of said CITY OF JEFFERSON CITY, MISSOURI, were the "Shipper" therein, true copy of Basic Contract being attached to as part of Applicant's original hereof; and (3rd) the obligation of Carrier to serve Applicant and this supplemental agreement shall cease and determine (a) of thirty days 08118wi"y seeving-by -bA&*Qx (b) termination of Basic Contract howsoever, or (c) by expiration of thirty days following serving by Carrier on Applicant, or vice versa, of written notice of intention to terminate this supplemental agreement. i Page 1 r Basic Contract, as hereby supplemented or amended, shall be and continue in full force and effect as therein provided, and nothing herein shall relieve Shipper of its obligations under Basic Contract, nor permit Shipper to grant any additional use of said Track "B". by other than- Applicant. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first hereinabove written. WITNESSES: MISSOURI PACIFIC RAILROAD COMPANY By V ce resident - Operation As Carrier ATTEST: CITY OF JEFFERSON CITY, MISSOURI By ffix eal) City Clerk Mayo As Shipper ATTEST: HOOVER UNIVERSAL, INC. By, (Affix Seal) Secretary President As Applicant Page 2 1 t'. dab EASEMENT FOR RAILROAD CROSSING THIS INDENTURE, by and between the CITY OF JEFFERSON, MISSOURI, also known as JEFFERSON CITY, MISSOURI, and hereinafter referred to as such, Party of the First Part, and HOOVER UNIVERSAL, a corporation, Party of the Second Part; WITNESSETH: 1. For good and valuable consideration, JEFFERSON CITY, MISSOURI, pursuant to the terms of that certain Contract For Crossing Construction dated T',1V 31 , 1985, receipt of which is hereby acknowledged, JEFFERSON CITY, MISSOURI, hereby grants and conveys unto HOOVER UNIVERSAL, its successors and assigns, the nonexclusive and perpetual right to use the premises described on the attached "Exhibit A," made a part hereof for all purposes, as a railroad crossing for ingress and egress to that property upon which HOOVER UNIVERSAL conducts its business described in paragraph 2 hereof, together with that certain rubberized railroad crossing which JEFFERSON CITY, MISSOURI, has caused to be constructed thereon. 2. HOOVER UNIVERSAL is the owner in fee of lands described on the attached "Exhibit. B, " made a part hereof for all purposes, which said lands are adjacent to the right-of-way of JEFFERSON ® CITY, MISSOURI, on West Main Street. It is hereby agreed that this Easement is for the benefit of said lands and shall run therewith, and shall be binding on and shall inure to the benefit of the parties hereto, their successors and assigns. 3 The premises conveyed hereby shall be used by HOOVER UNIVERSAL, its successors and assigns, for ingress and egress by rail. In case HOOVER UNIVERSAL, its successors and assigns MENNEN= r' should abandon or otherwise cease use of said premises for the purposes above-mentioned, then JEFFERSON CITY, MISSOURI , its successors and assigns, may declare this Easement at an end and prevent HOOVER UNIVERSAL, its successors and assigns, from using or remaining upon said premises, with or without process of law. 4 . JEFFERSON CITY, MISSOURI , assumes no liability for injury or death of persons or loss of or damage to property arising or growing out of or which may be due , in any manner, to or in connection with the aforesaid use of said premises. 5. No termination or cancellation of this Easement shall relieve or release HOOVER UNIVERSAL, its successors and assigns, from any liability or obligation ..(whether of indemnity or otherwise) which may have attached or accrued previous to or to which may be accruing at the time of such termination or cancellation. 5. The railroad crossing above-described shall be maintained in good repair by JEFFERSON CITY, MISSOURI, and replaced when necessary at its sole cost and expense. 7. HOOVER UNIVERSAL shall use its best efforts to prevent the blocking of West Main Street for any period in excess of five (5) AL continuous minutes. CITY OF JEFFERSON, MISSOURI By: AT EST: a or arty of the First Part CitygClerk HOOVER UNIVERSAL By: Z.ATTEST: arty of the econd Part ,l Robert C. Ressler, President Secretary -2- s. ' I' STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) Now on this / day of 'P s 7L , 1985, personally appeared before me George Hartsfield, who, after by me being duly sworn, did say that he is the Mayor of the City of Jefferson, Missouri, and duly authorized by the City Council thereof to execute the foregoing easement. xN TESTIMONY WHEREOF, I have hereunto set my hand and °` ` '; 'affixed my official seal at my office in said county the day and ygar first above written. NotarrFlublic Ce.nw.:sS:ar. C-'�ct.�re� detm».G«.?7 /T 8S' STATE OF MICHIGAN ) Ask ) ss. COUNTY OF (,�p�h•}�r ,) - Now on this day of 1985 , personally appeared before i Q ber+ C. o� who, after by me being duly sworn, did say that he �s the �25idei'1 of Hoover Universal, a corporation, and that he was duly authorized by its board of directors to execute the foregoing easement agreement. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. Notary Fu is CHRISTY GUENTHER Notary Public Washtenaw county.Mi My Commission Expires May 1% l9Q;7 ti t y s M s a i � Of 0 1TVC r j, L.RSU IVI, 1II ; IFNI MAYOR: George Fiartsfield "Exhibit A" RAILROAD CROSSING DESCRIPTION 84-264 (Rai.lton Spur at West Main) A strip of land 17 feet of even width across part of the northeast quarter of Section 3, Township 44 North, Range 12 West, in the City of Jefferson, County of Cole, Missouri; the centerline of said 17-foot strip being more partic.•ularly described as follows: Fran the northeast corner of the west half of the southeast quarter of Section 34, Township 45 North, Range 12 West; thence south 05 degrees 46 feet 13 seconds east, along the quarter quarter section line, 171.7.78 feet; thence leaving the said quarter quarter section line on a bearing of south 84 degrees 13 minutes 47 seconds west, 896.83 feet to the northwest corner of the Hoover Universal, Inc. tract, as described in Book 284, page 674, Cole County Recorder's Office; thence continuing south 84 degrees 13 minutes 47 seconds west, 16.83 feet to the center of the Railton Industrial Railroad Spur; thence south 05 degrees 46 minutes 13 seconds east, 908.59 feet; thence on a curve to the left having a degree of curvature of 12 degrees 48 minutes 47 seconds, a distance of 194.15 .feet (Chord Bearing = south 18 degrees 10 minutes 58 seconds east, Chord = 192.63 feet) to the north line of West Main Street and the point of beginning for this description; thence continuing on said curve to the left, a distance of 72.64 feet (Chord Bearing = south 35 degrees 14 minutes 21 seconds east, Chord = 72.56 feet) to the south line of West Main Street and the point of termination of said description. John G. Christy Municipal Building 320 L McCarty St. Jefferson City,Missouri 65101 314 634-6300 Direct Dial 634- "EXHIBIT B" Part of the West half of the Southeast quarter of Section 34, Township 45 North, Range 12 West, and part of the Northeast quarter of Section 3, Township 44 North, Range 12 West, al]. in the City of Jefferson, Missouri, more particularly described as follows: From the northeast corner of the West half of the Southeast quarter of said Section 34; thence South 05 degrees 46 minutes 13 seconds east along the East line of the West half of the Southeast quarter of said Section 34 , 1717.78 feet; thence leaving said East line on a bearing of South 84 degrees 13 minutes 47 seconds west, 360.00 feet to the beginning point of this description; thence South 05 degrees 46 minutes 13 seconds east, and parallel to the East line of the West half of the Southeast quarter of said Section 34, 903. 40 feet; thence southwesterly on a curve to the left, having a radius of 603.67 feet, a distance of 258.44 feet (Chord = 256.47 feet and Chord bearing = South 68 degrees 55 minutes 32 ' seconds west) ; thence South 58 degrees 51 minutes 20 seconds west, 234.75 feet; thence North 31 degrees 08 minutes 40 seconds west, 180. 51 feet; thence North 05 degrees 46 minutes 13 seconds west, and parallel to the aforementioned East line of the West half of the Southeast quarter of said Section 34, 908 .59 feet; thence North 84 degrees 13 minutes 47 seconds east, 536 .83 feet to the beginning point of this description. Containing -in all., 12.000 acres (522 ,720 .00 sq. ft.) EASEMENT AGREEMENT S"t THIS AGREEMENT, entered into this � day of 1985, by and between the City of Jefferson, Missouri, hereinafter referred to as "Grantor, " and Hoover Universal, a corporation; hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantee has recently purchaser) a 12-acre tract located in the West Half of the Southeast Quarter of Section 34, Township 45, Range 12, and the Northeast Quarter of Section 3, Township 44, Range 12, Jefferson City, Cole County, Missouri, on which it is presently constructing a manufacturing plant; and, WHEREAS, Grantor is the owner of 1.557 acres, more or less, the exact description of which is marked "Exhibit A," attached hereto and made a part hereof for all purposes, which tract lies immediately to the west of the tract owned by Grantee, upon which is presently being constructed two railroad spurs, one of which is specifically being planned and constructed to serve the premises of Grantee and the facilities located thereon; and, WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to obtain, an easement for ingress and egress over said property so that it may have full and complete access and use of said railroad spur. NOW, THEREFORE, in consideration of the mutual covenants and grants herein contained, Grantor does hereby grant to Grantee an easement for ingress and egress over the aforementioned 1.557 acres for purposes of full and complete access to and use of the railroad spur on said property by Grantee, its heirs and assigns, forever. It is specifically understood by and between the parties that the ingress and egress shall include encroachment onto the aforementioned tract for any building foundations for the present building or buildings being constructed thereon, any r. 9,R • above-ground protrusions from said building, or any .facilities being built thereon above-ground in connection with said building and Trail docking terminals, any rail docking shelters and associated leading and unloading equipment, and any and all other machinery or Equipment which may be necessary for Grantee to have full access to and use of the aforementioned railroad spur. 1. Any and all improvements to the aforementioned tract for purposes of this easement shall be made at the sole and separate expense of Grantee, and it shall indemnify and hold Grantor harmless therefrom. 2. Grantee further agrees to indemnify and hold Grantor harmless from the lawful claims and demands of all persons whomsoever occasioned by Grantee' s use of the aforementioned premises and this easement. 3. Grantor covenants to and with Grantee that it is lawfully seized and possessed of the aforementioned real estate and that it has good and lawful right to grant this easement and the quiet enjoyment thereof against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF JEFFERSON, MISSOURI By: a or ST: GRANTOR CIty erk HOOVER UNIVERSAL By: /° r Robert C. Ressler, President _. ATTEST: ( 7 GRANTEE Secretary -2- �p STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) Now on this /y ' day of wr f , 1985, personally appeared before me George Hartsfieldt who, a -ter by me being duly sworn, did say that he is the Mayor of the City of Jefferson, Missouri, and duly authorized by the City Council thereof to execute the foregoing easement. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. N,.�otar is c ' � ic �a,t�K.e.d- Co►+tiw+ �ts•'o.,. Erb;res /aeee...6e.• A7 /fax' STATE OF MICHIGAN ) ) ss. COUNTY OF G(JSh`I�I1U of ) Now on this day of �:1"u,,l , 1985, personally appeared before me r+- Q . P , who, after by me being duly sworn, di say that he is the of Hoover Universal, a corporation, and that he was duly authorized by its board of directors to execute the foregoing easement agreement. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. Notary PtAlic CHRISTY GUENTHER Rohn Public Yiashtcnaw County,MI b►commission Expires May 10, 1�"'r - A � RONMINE11 � 1 "EXHIBIT A" Part of the West Half of the Southeast Quarter of Section 34, Township 45 North, Range 12 West, and part of the Northeast Quarter of Section 3, Township 44 North, Range 12 West, all in the City of Jefferson, County of Cole, Missouri; being more particularly described as follows : From the Northeast corner of the West Half of the Southeast Quarter of said Section 34; thence S 050 46' 13" E, along the East Line of the West Half of the Southeast Quarter of said Section 34 , 1717. 78 feet; thence leaving said East Line on a bearing of S 84° 13 ' 47" W, 896.83 feet to the point of beginning for this description; thence continuing S 840 13 ' 47" W, 35 .55 feet to the East Line of Missouri Route 179 ; thence Southerly along the East Line of said Missouri Route 179 the following courses : S 04° 32' 20" E, 343 .55 feet; S 000 14 ' 59" E, 200.56 feet; S 04° 32' 20" E, 500.00 feet; S 54 ° 21' 45" E, 98. 31 feet; thence j leaving said East Line of Missouri Route 179 on a bearing of N 58° 51 ' 20" E, 84 .76 feet; thence N 31° 08' 40" W, 180.51 feet; thence N 05° 46' 13" W, and parallel to the aforementioned East Line of the West Half of the Southeast Quarter of Section 34 , 908 .59 feet to the point of beginning. Containing in all, 1. 557 acres ( 67, 838.45 sq. ft. ) . IBM CONTRACT FOR CROSSING CONSTRUCTION THIS AGREEMENT, made and entered into by and between the CITY OF JEFFERSON, MISSOURI, more commonly referred to as JEFFERSON CITY, MISSOURI , and hereinafter referred to as such, and HOOVER UNIVERSAL, a corporation, this 3/37' day of t 'kV 1985 . WITNESSETH: WHEREAS, HOOVER UNIVERSAL is the Owner of certain property located within the limits of JEFFERSON CITY, MISSOURI , and abutting West Main Street, a public thoroughfare, upon which property HOOVER UNIVERSAL conducts its business; and, WHEREAS, rail service presently exists nearby; and, WHEREAS, HOOVER UNIVERSAL is desirous of securing rail service to its property; and, WHEREAS, JEFFERSON CITY, MISSOURI, is desirous of developing its industrial lands generally, and particularly the site upon which HOOVER UNIVERSAL presently conducts its business. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. JEFFERSON CITY, MISSOURI, at its sole and separate expense, shall cause to be constructed a single line rail crossing over West Main Street, to be completed at the earliest possible date, but not later than ee-T6hG'K. l , 1985, and which, upon completion, shall be the sole and separate property of JEFFERSON CITY, MISSOURI. Provided, however, that JEFFERSON CITY, MISSOURI, shall not be held liable for delays in performance directly or indirectly due to (a) the acts of HOOVER UNIVERSAL, its agents, employees or constructors, and (b) causes beyond the control of JEFFERSON CITY, MISSOURI. 10 r L Said construction to be completed by a private contractor experienced in the construction of such crossings who shall be awarded the contract subsequent to the letting of bids for same by JEFFERSON CITY, MISSOURI. 3. Said crossing shall be rubberized and shall be constructed in accordance with the plans and specifications supplied by Missouri Pacific Railroad, which said plans shall be subject to the approval of HOOVER UNIVERSAL. 4. Upon completion of the construction of said crossing, JEFFERSON CITY, MISSOURI, shall grant to HOOVER UNIVERSAL an easement for the purpose of a rail crossing over and upon said street. The easement for same shall be in the form of "Exhibit A, " attached hereto and made a part hereof. 5. Upon completion of construction of the above--mentioned crossing, JEFFERSON CITY, MISSOURI, shall transfer and convey and/or assign any and all warranties, express and/or implied, which JEFFERSON CITY, MISSOURI, shall receive from the contractor (s) and/or the suppliers of materials for the construction of said crossing. CITY OF JEFFERSON, MISSOURI By: .1 Aftkor A EST: Party of the First Part C tyLtlerk HOOVER UNIVERSAL By: ///' o er eser_G es Party of the Second Part ATTEST: SeCrAS;ary f STATE OF MISSOURI ) ) ss. COUNTY OF COLE ) Now on this day of 1985 , personally appeared before me George Hartsf eld, who, after by me being duly sworn, did say that he is the Mayor of the City of Jefferson, Missouri, and duly authorized by the City Council thereof to execute the foregoing easement. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. Notary ublic C�►«.•� ;ss.`o. Expires be-ee- Lber P? /?BS STATE OF MICHIGAN ) ) ss. COUNTY OF Wadh'g110LIAA ) Now on this day of �T�,l , 1985, personally appeared before me �,�- , who, after by me being duly sworn, did say that, he is the r side of Hoover Universal, a corporation, and that a was duly authorized by its board of directors to execute the foregoing easement agreement. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county the day and year first above written. Notary Pu �.c CHRI GUENYHER Notary Public Washtenaw County,Mi MY Commission ExPIM may 14 1987 - 4 11 t l f. � t I LAW OFFICES ROEERTL NAWKIN6,JR. HAWKINS, BRYDON & SWEARENGfEN DAVID V.G.ORYDON PROFESSIONAL CORPORATION AREA CODE 014 JAMES C.SWEMENOEN 012 EAST CAPITOL AVENUE TELEPHONE 970-7166 WILLIAM R.ENGLAND,111 P.O.BOX 409 ROBERT L.HAWKINS,III JEFFERSON CITY, MISSOURI 65102-0456 JOHNNY K.RICHARDSON i' STEPHEN G.NEWMAN MARK W.COMLEY MARY W.DUFFY VICKI J.GOLDAMMER June 19, 1985 Mr. Allen Garner City Counselor 320 East McCarty Street Jefferson City, Missouri 65101 ,Re: Railton Trust - Hoover Maintenance Agreement Dear Allen: I do not have a fully-executed copy of the maintenance agreement, but I do have a conformed copy, which I am enclosing. I believe this is what you need, but if you should need anything further, please do not hesitate to contact me. Sin erely yours, HAWK +I S, B / ON SWEARENGEN P.C. r By: ' D v r on DB:deh Enclosure cc: Mr. Kenneth N. Kokko 1 ,