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
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tAtsbe asst) City Clerk 6ayr / Ass ."Mod pasty tsse"
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+ 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
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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
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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=
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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. '
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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
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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
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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-
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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
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"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.
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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 ,