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HomeMy Public PortalAboutORD07906 BILL NO. INTRODUCED BY COUNCILMEN: ORDINANCE N0: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND THE CLERK TO EXECUTE A DEED CONVEYING TO THE MISSOURI PACIFIC RAILROAD COMPANY A RIGHT OF WAY ACROSS A PORTION OF THE JEFFERSON CITY INDUSTRIAL SITE. BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF JEFFERSON, MIS- SOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized to execute a Warranty Deed conveying to the Missouri Pacific Railroad Company a railroad right of way across a portion of the Jefferson City Industrial Site property. Said conveyance will be in furtherance of the Resolution of November 1, 1965, by this Council whereby the Council committed itself to make the conveyance. Section 2. Said Warranty Deed shall read in words and figures as follows : WARRANTY DEED THIS INDENTURE, Made on the , day of , 1967 , by and between the City of Jefferson City, a municipal corporation of the State of Missouri, party of the First Part, and the Missouri Pacific Railroad Company, a Missouri corporation, whose principal office is in St. Louis , Missouri, party of the Second Part : WITNESSETH, That the said party of the First Part in' consideration of the sum of One Dollar ($1.00) and other valuable consideration to it paid by the said. party of the Second Part, the receipt of which is hereby acknowledged, and by virtue and in pursuance of an Ordinance of the City Council of said party of the First Part, does, by these presents , grant, bargain and sell, convey and confirm unto the said party of the Second Part, its successors and assigns , a hundred foot wide strip of ground in fee for railroad right of way purposes, the same lying, being ,and situate in the County of Cole, State of Missouri, as follows, to-wit : A strip of land, 100 feet in width, lying 50 feet ,each side the centerline of Carrier`s proposed spur track, said land being located in the northeast fractional quarter Section 3, T. 44 N. ; R. 12 W. , Cole County, Mis- souri, more particularly described as follows : Commencing at the point of intersection of the east line of Section 3, T. 44 N. , R. 12 W. , with the center- line of Carrier's Track No. 115; thence northwestwardly along said centerline of track, 987.84 feet; thence southwestwardly at right angles to last described course i 52.34 feet, more or less , to a point in Carrier's southerly right of way line, for the point of beginning; thence northwestwardly along said Carrier's southerly right of way line, 198 feet; thence southwestwardly describing an angle of 30020' to the left of Carrier's said southerly right of way line, 56.28 feet; thence south- C westwardly, along a curve to the right having a 320.78 foot radius and to which last described course is tangent , 390 feet, more or less , to a point in Carrier's southerly right of way line produced westwardly; thence northwestwardly, along said right of way line produced westwardly 139.29 feet; thence southeastwardly concentric i t1 with aforesaid curve to the right, along a curve to the left having a 420. 78 foot radius , 620.03 feet; thence northeastwardly tangent to last described curve to the left, 227. 13 feet, more or less to the point of beginning; containing 1.50 acres , more or less. TO HAVE .AND TO HOLD the premises aforesaid, with all and singular the rights, privileges , appurtenances and immunities thereto belonging or in anywise appertaining, unto the said party of the Second Part and unto its successors and assigns as long as . said land is used for railroad right of way purposes, the said City of Jefferson hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises herein conveyed, except a leasehold estate heretofore conveyed to Chesebrough-Pond'is . Inc. ; : that it has good right to convey the same; that the said premises are free and clear of any encumbrances done or suffered by it or those under whom it claims, and that it'will warrant and defend the title to said premises unto the said party of the Second Part and unto its successors and assigns forever, against the lawful claims and demands of all persons whomsoever. :SIN WITNESS WHEREOF, the said party of the First Part has , by Ordinance duly adopted, caused these presents to be signed by its Mayor and attested to by its Clerk this day of , 1967. CITY OF JEFFERSON CITY By Its Mayor Attest : By City Clerk 2 z STATE OF MISSOURI ) ss. COUNTY OF COLE ] t On this day of , . 1967, before me { personally appeared John ,G. Christy, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City j of Jefferson City and that the foregoing instrument was signed on s behalf of said City by authority of its City Council. And the said John G. Christy acknowledges said instrument to be the free act and deed of said City. j IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official .seal at my office in Jefferson City, the day and year first above written. i . Notary Public My commission expires i> Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: Approved: c r 4 sfdent of the ouncil Mayor Attest: y Cit Clerk F } r