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HomeMy Public PortalAboutORD04828 426 #4828 AN ORDINANCE AUTHROIZIr'G THE MAYOR OF THE CITY OF JEF? ERSINO MISSOURI, A I!UPIICIPAL CORPORATION, TO SIGN AP.'p EXECITTE A CERTAIN LEASE 0f: T11E PART OF THE CITY OF JEFFERSON, MIISSOURI, AS fI �.REINAFTER SET OUT . BER IT ORDAINED BY THE CITY C0116I(rL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor of the Uity of Jefferson, Vissouri, .a municipal corotation, is hereby authorized and directed to sign and execute on behalf of the City of Jefferson, Missouri, a certain lease, the terms of said lease to be as follows, to-wit: THIS AGREEATENT, made and entered into in quadruplicate, this 1946, by and between REEVES OIL COMPANY, INC ., a U4 ssouri corporation, hereinafter referred to as Party of the First Pert, GUY A.TFQ?JRSQNy.,TRUaT-EEC , MISSOURI PACIFIC RAILROAD COMPANY, DEBTOR, as trustee and not individually hereinafter re- ferred to as Party of the Second Part, MISSOURI f11TPROVETAENT COMPANY, a Vissouri corporation, hereinafter referred to as Tarty of the Third Part, and CITY OF JEFFERSON, 1,1ISSOURI, A municipal corporation hereinafter referred to as party of the Fourth Part, said Party of the Second Pnrt and said Party of the Third Part, as their respec- tive interests may appear, being sometimes -hereinafter referred to as "Carrier"; WITNESSETH: . WHEREAS, the Party of the Vourth Part has voted bonds for the construction of a commercial street, said street to extend from the southerly end of Clay Street, in a southwesterly direction,to Dix Road in the (,it�r of Jef'f'erson, Missouri, and it is necessary for the Party of the ourth Part to secure the right of way required for the construction of said street; and WHEREAS, Pursuant to agreement of lease dated April 25th, 1936, between (a) Party of the Second Part and Party of the third Part, as Lessor, and (b) William Bret and 0. V. Reeves, co-partners doing ubsiness as Bret and Reeves, assignors of said agreement to the Party of the First Part, as Lessee, the Party of the First tart is occupy- ing, as site for handling dnd disttiput ng:-petroleum products at wholesale, the following described premises in Jefferson City, Cole County, Missouri, hereinafter referred to as "Tract A", vix: From the intersection of the north line of Section 12, Township 44 Range 12, t7est, with center-line of Carrier' s Ragnell Branch main track, measure southeastwardly along said center-line 865 feet, more or less; thence southwest- wardly at right an gles to said center-line 50 feet to the intersection of Carrier' s southerly right of way line and east property line; thence south along said property line 107.89 feet for the point of beginning; thence con+.inue south along Carrier's east property line 150 feet; thence north- westwardly along Carrier' s southerly property line 50 feetj; thence southeasteardly 50 feet to the point of beginning, containing 6751.4 square feet, and pursuant to the right granted in said agreement is maintaining andx operating on certain other premises of the Carrier an oil pipe line and unloading facilities. Tract A is located approxi- mately where shown onoss hatched in white on blue print rile No. dated , 1946, attached hereto as part hereof and the approximate location of said pipe line and unloading fac- ilities is shown by broken red line on said print; and WHEREAS, the said pipe line and unloading facilities of the Party of the rirst Part as now loceted are in part on right of way required by the Patty of the Fourth Part for the construction ofssaid street as well as on right if way which will be required for the construction fo a railroad spur track to serve shippers ih6&e6 ;mprovement and facilities will be relocated liicld, nt to t,to 427 construction of said street; rnd to permit of the construction of said street and spur track sll or part of the pipe Line and un- loading facilities of the Party of the First Part will have to be relocated; also, to permit of the said relocation of improvements and facillties of other shippers it will be necessary that a cer- tain area of the land comprised in Tract A be surrendered by the Party of the First Part and a like area of ad�acent land be pro- vided by Carrier as affording Party of First art a tot°1 area of lands approximately equal to the area of Tract A and that certain improvements and facilities of the Party of the First Part now located on that portion of Tract A required to be surrendered be Aft relocated on the hereinafter mentioned Tract B; and WHEREAS) the following described lands of Carrier, here- inafter referred to as "Tract B", located approximately where shown enclosed by yellow lines on said attached print, and having an area approximately equivalent to the area contained in Tract A, will be available for use by Party of the First Part in handling and distributing petroleum products at wholesale following the surrender by the arty of the First Part of a certain area of Tract A and the provision by Carrier of a like area In substitu- tion for said surrender area, as hereibefore recited, viz: From the intersection of the north line of Section 12, T. 44 N, R 1211, with centerline of Carrier' s Bagnell Branch main track measure southwastwardly along said centerline 978. 5 feet, thence southwestwardly at right angles to said centerline 149 feet to a point on carrier's easterly property line for the point of be- ginning; thence southwardly along said property line 147; 6.�fget; thence northwestwardly along carrier's southerly property line 40 feet; thence northwardly parallel to said property line 130 feet; thence eastwardly 35.9 feet to the point of beginning; containing 4983 sq. fbet. WHEREAS, the parties hereto desire to set forth in writing an agreement reached them whereby the lands desired for sue as right of way for said street and said railroad spur as well as to provide suitable sites for other shippers in the vicinity whose improvements and facilities are required to be relocated will be madesava.ilable by the surrender of a 1purtlori of Tract A, the pro vision by Carrier of a like area of lands 9n lieu of said surrended area and relocet&on of all or part of said pipe line and unloading faci_iities as well as of such of the improvements and facilities oft the Party of the r"irst art as are notated on that part of Tract A required to be surrendered as aforesaid. NOW, TFJ R J,-OEE, in consideration of the premises the parties hereto agree: 1. In consideration of the covenants of the Carrier ex- pressed in paragraph 2 hereof' and of the covenants of the Party of the blourth Part expressed in paragraph 3-hereof, the Harty of the First Part agrees to, as early as practicable, commence and, within day following the d6&e of this agreement, complete,the removal end relocation and adjustment of so much of the pipe line and unloading facilities of the Psrty of the first Part, and of the improvements and facilities of the Party of the First Part now locatedn on Tract A, as that upon the co:;;pletion of said work the said pipe line and unloading facilities of the Party of the First Part will be located at approximately the location whown by broken yellow lines on blue print attached hereto and the improve- ments and facilities of the P rty of the "�irst r'art now located on Tract A will be located within the boundaries of Tract B; and agrees to surrender such area of Tract A and to accept in lieu thereof such substitute area as that the lands to ve let Carrier and leased by Party of the �.irst cart will comprise Tract B hereinbefore de- scribed. 2. In consideration of the covenants of the Party of the First Part expressed in oaragraph 1 hereof and the convenants of the Party of the Fourth P=rt expressed in paragraph 3 hereof, the Carrier agrees to prGmptly prepare end submit to the Party of the First Pert an Pgreement of lease containing substantially the