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HomeMy Public PortalAboutORD09318 ILL NO._ZZ INTRODUCED BY COUNCILMAN Heguembourg and Gordon ORDINANCE NO._ZLf AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK ON BEHALF OF SAID CITY TO EXECUTE A CONTRACT FOR THE CONSTRUCTION OF AN INDUSTRIAL RAIL CROSSING UPON AND ACROSS INDUSTRIAL DRIVE' BETWEEN THE CITY AND 4r THE VON HOFFMANN CORPORATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. The Mayor and Clerk of the City of Jefferson are hereby authorized and directed, for and in the name of the City, to execute a contract for the construction of an industrial rail crossing upon and across Industrial Drive between the City and the Von Hoffmann Corporation, a copy of said contract being attached hereto and by reference made a part hereof. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. Passed — Approved - s�es ent of 'Che C cil 141ayor .Attest Ci Clerk Awk CONTRACT FOR CROSSING CONSTRUCTION This Agreement, made and entered into by and between CITY OF JEFFERSON, MISSOURI, more commonly referred to as JEFFERSON CITY, MISSOURI, and hereinafter referred to as such and VON HOFFMANN CORPORATION, a Missouri corporation, this day of 1979. WHEREAS, VON OFFMANN CORPORATION is the Lessee of certain property located within the limits of and owned by JEFFERSON CITY, MISSOURI, and laying south of Industrial Drive, a public thoroughfare, upon which property VON HOFFMANN conducts a general printing business; and WHEREAS, rail service presently exists to the north of the said Industrial Drive; and WHEREAS, VON HOFFMANN CORPORATION is desirous of securing rail service to its property; and WHEREAS, JEFFERSON CITY', MISSOURI is desirous of develop- ing its industrial lands generally and particularly the site upon which VON HOFFMANN presently conducts its business. NOW, THEREFORE,. i.n 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 shall cause to be constructed a single line rail crossing over Industrial Drive, to be completed at the earliest possible date, but not later than December 3 1979, 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 VON HOFFMANN. CORPORATION, its agents, employees or constructors; and (b) causes beyond the control of JEFFERSON CITY, MISSOURIG f 2. 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 con- structed in accordance with the plans and specifications sup- plied by Missouri Pacific Railroad, which said plans shall be subject to the approval of VON HOFFMANN CORPORATION. .f 4. Upon completion of the construction of said crossing, JEFFERSON CITY, MISSOURI shall grant to VON HOFFMANN CORPORATION an easement for the purpose of a rail crossing over and upon said street. The easement deed for same shall be in the form of Exhibit A, attached hereto and made a part hereof. S. Upon completion of the construction of said crossing and the grant of the easement mentioned in paragraph 4 hereof, and upon receipt of its final and fully itemized statement, VON HOFFMANN CORPORATION shall pay to JEFFERSON CITY, MISSY?URI, , the cost of the construction of said crossing expended by JEF- FERSON CITY, MISSOURI, in excess of Forty Thousand Dollars ($40,000.00) , but in no event shall VON HOFFMANN CORPORATION'S AM total payment to JEFFERSON CITY, MISSOURI hereunder exceed the sum of Forty Thousand Dollars ($40,000.00) . 6. 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 B VON HOFFMANN CORPORATION Y - 2 - EASEMENT FOR RAILROAD CROSSING THIS INDENTURE, by and between CITY OF JEFFERSON, MIS- SOURI, also known as JEFFERSON CITY, MISSOURI, and hereinafter referred to as such, Party of the First Part, and VON HOFFMANN CORPORATION, a Missouri corporation, Party of the Second Part, WITNESSETH: 1. In consideration of the sums paid by VON HOFFMANN CORPORATION to JEFFERSON CITY, MISSOURI, pursuant to the terms of that certain Contract For Crossing Construction dated August 7, , 1979, receipt of which is hereby acknowledged, and other good and valuable consideration, JEFFERSON CITY, MIS- SOURI hereby grants and conveys unto VON HOFFMANN CORPORATION, its successors and assigns, the exclusive and perpetual right to use the following described premises as a railroad crossing for ingress and egress to that property upon which VON HOFF- MANN conducts its printing business described in paragraph 2 hereof, together with that certain rubberized railroad cross- ing which JEFFERSON CITY, MISSOURI has caused to be constructed thereon: e 2. VON HOFFMANN CORPORATION is the owner in fee or lessee of lands described as follows: Part of fractional Section 2, Township 44, Range 12, Cole County, Missouri, more particularly described as follows: From the southwest corner of said Section 2; thence North 86° 28 ' east, along the Section line, 2626.41' to the southwesterly corner of a tract of land conveyed to J.M. Wilson and Opal B. Wilson, his wife, by Deed of Record in Book 108, Page 535, Cole County Recorder's Office; thence North 40 20 ' west, along the west line of said Wilson tract, 1352.85 ' to the point of beginning for this description; thence continuing north 40 20' west, along said west line, 500.0' to the southerly line of Industrial Drive; thence southeasterly, ® along said southerly line, 729.131 ; thence south 20 58' east, 500.01 ; thence north 570 52' west, 712.75' to the point of beginning. Containing in all 6.71 acres more or less. Bearings are magnetic. . Part of the northwest quarter of the northeast quarter of Section 2, Town- ship 44 north, Range 12 west, in the City of Jefferson, County of Cole, Missouri, more particularly described as follows: Beginning at the northwest corner of the northeast quarter of said Section 2, thence south 5° 28 ' 9" east, along the quarter section line, 242. 50 ' to the north line of U.S.. Route 50; thence easterly along said northerly line on a curve to the right, having a .radius .of 3014.951 , a distance of 1014.19' to the section line; Aft thence south 850 5' 50" west:, along the section line, 985.53 ' to the point of beginning, containing in all 1. 97 acres, more or less. Bearings are magnetic. Tract of land in fractional Section 21 Township 44, Range 12,j, Cole County, Misr ' souri, more particularly described as follows: Beginning at the southwest corner of said Section 21 thence north 860 28 ' east, along the section line 2626.41' to the south- westerly corner of a tract of land conveyed to Von Hoffmann Press, Inc. as recorded in Book 202 at Page 645; thence north 40 20 ' west, along the west line of said tract 1352. 85 to the north line of said tracts thence south 570 52' east, along said north line, 712.751 , to the true point of beginning; 2 - thence continuing along said north line, south 69° 14 ' 50" east, 300.01 : thence north 5° 40' 31" west, 456.701 , to the south right-of-way line of (INDUSTRIAL DRIVE) , thence continuing northwesterly along said right-of-way line on a curve to the right, said curve having a radius of 2100.4' and an arch length of 300.01 , to a point on the east line of a tract as described in Book 202 at Page 621; thence leaving said right-of-way line south 20 51' 8" east, along the east line of said tract 497. 69' , to a true point of beginning. Said tract containing 2.8256 acres, more or less. From the southwest corner of said Section 2; thence north 860 28 minutes east along the Section line, 2626.41' to the south- westerly corner of a tract of land con- 'veyed to J. M. Wilson and Opal B. Wilson, his wife, by deed of record in Book 108 Page 535, Cole County Recorder's Office, and the point of beginning having this description; thence north 40 20 minutes west, along the westerly line of said Wilson tract, 1352. 851 ; thence south 570 52 minutes east, 712. 751 ; thence south 680 53 minutes east, 992. 31' to a point on the west line of a tract of land decreed by the Circuit Court to be in the name of Louis Brunner by in- strument of record in Book 113, Page 293, Cole County Recorder's Office; thence south 21 58 minutes east, along the west line of said Brunner tract, 491. 60 ' to the north line of U.S. Route 50; thence: westerly on a curve to the left, having a radius of 3,014. 93' , a distance of 582.42 ' to the section line; thence south 86" 28 minutes west, along the section line, 876. 69' to the point of beginning. Containing in all 28. 81 acres, more or less. Bearings are magnetic. which said lands are adjacent to the right-of-way of JEFFERSON CITY, MISSOURI, in Industrial Drive. 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 heirs, successors and assigns. 3. The premises conveyed hereby shall be used by VON HOFF MANN CORPORATION, its successors and assigns for ingress and egress by rail. In case the VON HOFFMANN CORPORATION, its suc- - 3 - cessors and assigns should abandon or otherwise cease its use of said premises for the purposes above-mentioned, then JEFFERSON CITY, MISSOURI, its successors or assigns, may declare this Ease- ment at an end and prevent VON HOFFMANN CORPORATION, its successors or 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 VON HOFFMANN CORPORATION, its successors or 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. 6. The railroad crossing above-described shall be main- tained in good repair by VON HOFFMANN CORPORATION at its sole cost and expense. In the event replacement of said crossing is necessitated, then in such event, VON HOFFMANN CORPORATION'S potential liability shall be limited to the cost of a traditional heavy timber crossing; provided, however, that if at the time of said replacement, Federal or State Law shall require a rub- berized or similar type crossing for all industrial side track crossings, then, VON HOFFMANN CORPORATION'S potential liability shall be limited to the cost of such a rubberized or similar type crossing. In no such event shall VON HOFFMANN CORPORATION be required to participate in a replacement as aforesaid, more often than once every ten (10) years, the said ten (10) year 4 period to be determined from the date of VON HOFFMANN COR- PORATION'S last participation in such a replacement. If repairs are of such magnitude that in the opinion of VON HOFFMANN CORPORATION the crossing should be replaced, then VON HOFFMANN CORPORATION shall notify JEFFERSON CITY, MIS- SOURI, in writing, and JEFFERSON CITY, MISSOURI shall have the option to replace the crossing as set forth in this paragraph or to pay for the necessary repairs. 7. VON HOFFMANN CORPORATION shall use its best efforts ;4 to prevent the blocking of Industrial Drive for any period in excess of five (5) continuous minutes. CITY OF JEFFERSON, MISSOURI Party of the First Part VON HOFFMANN CORPORATION Party of the Second Part By - 5 - .