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HomeMy Public PortalAboutORD06959 (2� part o f t He—eas tter�y�part o -trtie�`IIut 10 No of the City of Jefferson, Missouri, which is 20 feet of e4en width, more particularly described as follows: Beginning ` + at the southeasterly corner of said Outlot No. 44, thence. North 350 05' East for a distance of 200.0 feet to the point i of beginning of this description: Thence South 350 05' 4 West a distance of 185.0 feet; thence North 470 28' West a distance of 20. 1 feet; thence North 350 051 East a dis- j; tance of 196. 1 feet; thence on a curve to the right having a radius of 15.0 feet to the point of beginning." SECTION 2. The Mayor and City Clerk shall deliver the afore { mentioned Warranty deed to Robert H. Livingston and Dorothy L. Livingston upon payment to the City Clerk of the sum of $842.70. I SECTION 3. This ordinance shall be in force and take effect from and after its passage and approval. Passed: August 15, 1960 Approved: 8/17/60 ,i Robert- E. Dorr /s/ C. F. Whaley /s/ President of the Council Mayor ORDINANCE NO. 6959 I! AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND f{ DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON, MISSOURI, TO ENTER INTO A WRITTEN CONTRACT AND TO EXECUTE AN AGREEMENT AND GRANT OF RECIPROCAL EASEMENTS WITH THE D & E REALTY AND INVESTMENT COMPANY, A CORPORATION, OF JEFFERSON CITY, MISSOURI, I RELATING TO THE INSTALLATION AND USE AN ELEVATOR IN THE CITY HALL BUILDING AND OTHER RELATED MATTERS. I� BE 'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, . AS FOLLOWS: +� SECTION 1. The Mayor and the City Clerk of the City of Jefferson, !� Missouri, are hereby authorized and directed for and on behalf of }� the City of Jefferson, Missouri, to enter into a written contract and to execute an Agreement and Grant of Reciprocal Easements with the D & E Realty and Investment Company, a Missouri corporation, of Jefferson City, Missouri, relating to the purchase, installations( and use of an elevator by the City of Jefferson, Missouri and the D & E Realty and Investment Company jointly in the city hall f: Building and to other related matters. a SECTION 2. Said contract, agreement and grant of reciprocal easements above mentioned shall be in words and figures as follows:�� (Insert Document) (� AGREEMENT AND GRANT OF RECIPROCAL EASEMENTS fi This agreement and grant of easement hereby made and entered into by and between D & E. Realty and Investment Company, • corporation, as party of the first part, and the City of Jefferso , • municipal corporation, of the Country of Cole, State of Missouri, party of the second part, WITNESSETH: WHEREAS party of the first part is the owner of the following described tract of land in the City of Jefferson, Cole County, Missouri upon which is situate a three-story (and basement) guilding to wit: i A part of Inlot No. 479 in the City of Jefferson, j Missouri, particularly described as follows: li Beginning at a point on the northerly line of said Inlot No. 479, which said point is 30 feet easterly from the northwesterly corner of said Inlot, thence easterly along the itt' northerly line thereof 30 feet, thence southerly parallel with�j the easterly line of said Inlot 112 feet, thence westerly � �� parallel with the northerly line of said Inlot 16 feet 4-�j inches; thence southerly parallel with the easterly line of said Inlot 86 feet 9 inches to the southerly line ofsaid Inlot, thence westerly along the southerly line of said Inlot 21 feet 9� inches, thence northerly parallel with the easterly line of said Inlot 98 feet j 9 inches, thence easterly parallel with the northerly line thereof 8 feet 2 inches, thence northerly parallel f with the easterly line, 100 feet, to the point of !f beginning. And whereas the City of Jefferson, party of the second part !is the owner of a three-story (and basement) building immediately f! asterly of the above described building of said party of the first I! part located upon the following described tract of land in Jefferson P g City, Cole County, Missouri. A part of Inlot No. 4799 in the City of Jefferson, Missouri, f particularly described as follows; j Beginning at the northeasterly corner of said Inlot; thence southerly along the easterly line thereof, 102 feet 4k inches westerly parallel with the northerly line thereof, 44 feet 4k inches; thence northerly parallel with the easterly line thereof, 102 feet, 4� inches, to the northerly line of said I Inlot; thence easterly along the said northerly line, 44 fees 4k inches, to the point of beginning. And whereas said two buildings abutt and touch each other ala g he Easterly side of the building of the party of the first part anq the Westerly side of the building of the party of the second part, I�nd WHEREAS both of said buildings are used and adaptable to use Eby the public and whereas it has been conceived and agreed between t�the parties that a passenger elevator servicing the first, second Iand third floors of each of said buildings would be desirable and tl-6t I the installation of such elevator is practicable and that same can be installed in the building belonging to the party of the second it ''Part with openings on each floor servicing each of the above j �Imentioned buildings and I� WHEREAS to accomplish this end it is necessary to remove thell !stairway running from the first floor or the street level floor of j �ie building of the party of the second part, to the second floor an i WHEREAS, however, there is also a permanent type metal stair !;way in the building of the party of the first part running along th lleasterly wall thereof from the first floor or street level to the ';second floor thereof which, by the opening of a doorway between the second floors of both of said buildings, would make said stairway o I, g a y !the parties of the first part accessible and usable by the patrons of the building of the party of the second part as well as the patr ns 11of the building of the party of the first part and WHEREAS the party of the first part has agreed and by these ;presents does agree that it will, in accordance with the mutual idesires of both parties that an elevator be installed for the benef t jof both of the above buildings, enter into a contract with Otis 1 Elevator Company for the purchase of a new passenger elevator, Vuitable for said purposes, and with such installing contractor as ,is necessary to completely install and put such elevator into ;!operation in said building of the party of the second part; That ssaid elevator, the construction and erection and installation there f shall be strictly in accordance with plans and specifications heret ;!attached and made a part hereof; That when said elevator is ; installed same will become and be the property of and owned by both ii 1.2 of the parties-hereto equa�3y, and I WHEREAS it has been further agreed that the share of the cost thereof and of the installation thereof to the party of the second !part is and shall be one-half of the total cost of the purchase, onstruction and installation of said elevator and elevator shafto 1which sum and amount the party of the second part will pay to the party of the first part upon completion of said installation and the acceptance of the same by both of the parties hereto. It is further agreed that all of the initial cost both for the purchase of such elevator and the equipment in connection therewith ] and the cost of the installation thereof shall be borne or paid initially by the party of the first part subject only to repayment of the above amount to the party of the first party by the party of the second part as herein above set out. It is further agreed that when said elevator is installed and in operation same will be accesible and useable by the patrons and invitees of both of the above mentioned buildings. The costs of maintenance and repair of said elevator and elevator shaft shall be '. equally borne by both parties. The cost of the electrical current used to operate said elevator shall be paid one-third by the party iy of the first part and two-thirds by the party of the second part and a separate meter measuring the current used solely by said elevator shall be installed. ! i In furtherance of the above agreement and as a means of putting ) said agreement into effect, each of the parties hereto hereby, in consideration of the above premises, transfers, conveys, gives and rants to the other, to be used reciprocally by the patrons and invitees of both buildings, and unto the successors and assigns of the present owners of each of said buildings, the following easement, fights, and privileges: i 1. Each party hereby gives and grants unto the other the right,l1 privilege and easement to open and cut doorways through the ,abutting walls of both buildings mentioned above on both the second ) nd third floors each building, each granting unto the other the fight for themselves and patrons and invitees and their successors and assigns to the free use and passage through said doorways to and] from each of said buildings. 2. The party of the first part hereby grants and gives for the it enefit of the same parties and persons the perpetual right and asements to free use and passage over, upon and across the stairs nd stairways now existing the building of the party of the first part o and from the public side walks in front of said building and the second floors of both of the above mentioned buildings. 3. The party of the second part hereby g ives and grants unto i he party of the first part, its successors and assigns, the perpetuail l ight, privilege and easement for the benefit of itself and its nvitees and patrons to enter upon the premises of the party of the econd part and therein construct and install the passenger elevator!! ereinabove mentioned and to open through the wall of the party of t e second part elevator passageways to and from the above described wilding and premises of the party of the first part. I 4. The party of the second part further hereby gives and 1Irants the perpetual right, privilege and easement to the same parties s above mentioned the free use and access to pass to and from the avement in front of the premises of the party of the second part to said levator and by use ,of said elevator ingress and egress to and from 1hey.premises of the party of the first part through the aforesaid levator passageways. !� a. Each of the parties hereto hereby further gives and rants to the other all such other perpetual rights, privileges and asements as is necessary, usual and proper in connection with the arse and unrestricted use of said elevator and said stairways by, of only the parties hereto, their successors and assigns but also. h patrons and invitees. 6. It is further agreed, and the parties hereto hereby gree that the above mentioned reciprocal grants and easements shall nd hereby are declared to run with the land and the buildings there pon and that this agreement and grant of reciprocal easements shall e binding upon the parties, the successors and grantees and assigns IN WITNESS WHEREOS, The said party of the First Part has aused these presents to be signed by its president and attested by he secretary and its corporate seal to be hereto affixed the day an ear first above written. ALSO IN WITNESS WHEREOF, the said party of the Second Part ha caused these presents to be signed by its Mayor and attested by its Clerk and its corporate seal to be hereto affixed the day and year irst above written. D & E REALTY & INVESTMENT COMPANY BY: D. N. Herman /s/ PRESIDENT ATTEST: SECRETARY CITY OF JEFFERSON, MISSOURI BY: C. Forrest Whaley /_ s/_ C. , FORREST WHALEY, Mayor ATTEST: Henri W. Ells /s/ HENRY W. ELLS, City Clerk ITATE OF MISSOURI)SS OUNTY OF COLE ) On this 23rd .day of August, A. D. 1960, before me personally ppeared DAVID N. HERMAN to me personally known, who, being by me Duly sworn, did say that he is President of D & E Realty Investment ompany, that the seal affixed to this instrument is the corporate eal of said corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board f .Directors. And the said DAVID N. HERMAN acknowledges said instrument to e the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed y official seal, at my office in Jefferson City, the day and year irst above written. y Commission expires 29th day of March 1963. Lucille Ba sin er Isl NOTARY PUBLIC