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HomeMy Public PortalAboutORD04829 428 terms and provisions contained in said agreement of lease April 25, 1936, covering the letting by Carrier and the leasing by Party of the 1"irst PArt of Tract D as site for handling rind dis- tributing petroleum at wholesale, and which by its tee:-rats will supersede end terminate, but without prejudice to any accrued liability, said agreement of April 21.)', 1936, and further agrees that said pipe line and unloading facilities as relocated shall be deemed to be provided, maintained and used prusuant to and in accordance with the provisions of said agreement which Carrier will prepare and submit to the Party of the First Part. 3. In consideration of the cov"-nants of the Party of the First Part expressed in paragraoh 1 and the covenants of the Carrier wxpressed in paragraoh 2, the Party of the ` ourth Part agrees to pay to the Party of the First Part all nedessary and reasonable costs and expenses which are incurred by the Panty of the First Part in the rer;oval and relocation and adjustment of the pipe line and unloading facilities of the Party of the First Part asx well as in the removal and relocation and adjustment of any other improvements and facilities required by reason of the surrender by Party of the First Part of a portion of the lands comprised in 2Xa Tract .A and the substitution of a like area of land in lieu thereof, as as provided in paragraph 11 said payment to be made by Party of the Fourth Party within a reasonable time following the completion of the work. Section 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. +his ordinance shall take effect and be in force from and after its passage and approval. Pa9epd S®pt 10,, 1946 Approved 9/10 1946 Jesse Pl Owens Jesse t:. Owens President of 'the ouncil mayor Attest: H. W._ F.11s pity^Clerk ##4829 AN ORDITIOANCE AUTHORIZING THE MAYOR OF THE CITY OF JEFEERSON, LISSOURI, A MUNICIPAL CORPORATION, TO SIGN AND EXECUTE A CERTAIN AGREEF,ENT OTd THE PART OF THE CITY OF JEFFERSON, MiISSOURI, AS HEREINAFTER SET OUT. PE IT ORDAINED BY THE CITY COM.-ICIL OF THIE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1, The Mayor of the city of Jefferson, Missouri, a municipal corporation, is hereby authorized and directed to sign and execute on behalf of the Laity of Jefferson, Missouri, a certain agreement, the terms of said agreement to be as follows, to t to-wit: THIS AGREEMENT, made and entered into in quadruplicate, this day of , 1946, by and between L. L. CORYFLL AND SON, a Deleawre corporation, hereinafter referred to as Party of the INC;,,r irst Part, 4UY A. THOMPSON, TRUSTEE, MISSOURI PACIFIC RAILROAD COMPANY) DEBTOR, as trustee end not individually, hereinafter referred tb as Harty of the Second Part, i,"ISSOURI IMPROVEVENT COMPANY, a Mlissouri corpraration, hereinafter referred to as Party of the Third Part, and CITY OF JEFFERSON, MISSOURI, a' Municipal corporation, hereinafter referred to as Party of the fourth tart, said Party of the Second Part and said Party of thr Third Part, as their respective interests may appear, being some- times Lereinafter referred to as ' "Carrier" ; INITNESSETH: VIIIEREAS, the Party of the ',ourth Part has voted bonds for the construction of 8 commercial street, said street to extend from the 429 soutf-wrly end of Clay Street, in a ;southwesterly direction, to Dix Road In ti-le "ity of Jefferson, Y rssouri , and it is necessary for th Party of the Fourth Part to secure tf'ie right of way required for the ct,rlstruction of said street; and WIiEMEAS, ursuant to agreement of lease Dated January 26th, 1933, between (J a �!issouri Pacific Railroad company (tile railroad and properties of which are in the Possession of and being operated by the hereinafter mentioned Trustee) and Party of the third ` art, as Lessor. , and (b) National Seventy Corporation, a Nebraska corpora- tion, assignor of said agreement to the party of the First Part, s as Lessee, the Party of the first Part is occupying, as site for handling; and distributing petroleum products at wholesale, the described premises in Jefferson city, Cole County, Missouri ) hereinafter referred to as"Tract All viz: From the intersection of the north line of Section 12, Township 44 West, Range 12 West, with center line of Carrier's Pagnell Pranch main track measure southeastwardly along said center line 840 feet; thence southwestwardly at right angles to said center line 80 feet to the intGersection of Carrier's southerly right of way line and east property line; thence south along said property line 107.89 feet; thence northwestwardly parallel with center line of main track 50 feet to the point of beginning; thence continuing northwestwardly on last described course 60 feet; thence south 60 feet; thence southeestwardly parallel with center line of main track 60 feet; thence north 60 feet to the point of beginning, containing 3240 Squire feet. and pursuant to the right granted in said agreement is maintainlidg and operating on certain other premises of the Carrier an oil pipe line and unloading facilities. Tract A is located at.)proximately w:.ere sYLown cross hatched in white on blue print rile N Dated , 1946, attached hereto as part hefeof and the approximate location of said pipe line and unloading facilities is shown by broken red line on said print. WHEREAS, the said pipe line and unloading facilities of the Party of the "irst Part as how located are in part on right of way rewuired by the P rty of the Fourth Part for the construction of said street as we l as on right of way which will be required for the construction of a railroad spur to serve shippers whose improve- ments end facilities will be relocated incident to the construction of said street; and to permit of the constndtion of said street and spur track all or part of the pipe line and unloading facilities of the Party of the said Putt will have to be telotated; also, to permit of the said relocation of improvements and facilities of other shippers it will be necessary that a certain area of the land comprised in Tract A be surrendered by the Party of the r'irst Part and a like area of adjacent land be privided by Carrier as affording Party of First Part a total area of land equal to the area of Tract A and that certain improvements and facilities of the Party of the .irst Part now located on *that portion of Tract A required to be surrendered be relocated on the hereinafter mentioned Tract B; and WHEREAS' the following described lands of Carrier, hereinafter referred to as "Tract E'; 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 irst Part in aandling and distributing petroleum products a£ wholesale following the surrender by the Party of the First Part of a certain area of Tract A and the pro- vision by Carrier of a like area in substitution for said surren- dered area, as hereinafter recited, viz: From the intersection of the north line of Sec. 12,T44 N, R 12W, with center line of carrier's Fagnell F.ranch main track, measure southeastwardly ald ng carrier's said centerline 868.4; thence south- eastwardly at right angles to carrier' s said centerline 149.9 feet for the point of beginning; thence southwardly, parallel to carrier's westerly property line, 60 feet; thence southeastwardly, parallel 430 to carrier's said centerline, 60 feet; thence northrardly, parallel to carrier' s said westerly property line, 60 feet; thence north- westwardly, parallel to carrier' s splM centerline, 60 feet to the point of beginning; containing 3246. sq.fbet. WHEREAS, the parties hereto desire to set forth in writing an agreement reached between them whereby the lands desired for use as right of way for said street and said railroad spur as well as to as to provide suitable sites for other shippers in the vicinity whose improvements and facilities are required to be re- located will be made available by the surrender of a portion of Tract A, the provision by Carrier of a like area of lands in lieu M9xx of said surrendered area, and relocation of all or a part of said pi line and unloading facilities as well as of such of the improve- ments Pnd facilitiesof the Party of the first ?art as are located on that part of Tract A required to be surrendered as aforesaid. NOW, TPEREFORE, in consideration of the premises the parties hereto agree: 1. Iii consideration of the covenants of the Carrier expressed In paragraph 2 hereof and of the covenants of the rarty of the ourth Part expressed in paragraph 3 hereof, the Party t)f the "irst Part agrees to, as eatly as practicable, commence and, within days following the date of tLis agreement, cc)mplete, the removal and relocation and adjustment of so much of the pipe line and un- loading facilities of the Party of the First Part, and of the im- provements and facilities of the Tarty of the First Part now located on Tract A, as that upon the completion of said work the said pipe line and unloading facilities of the Party of the First Part will be located at approximately the location shown by broken yellow ix line on blue print attached hereto and the improvements and facili- ties of the Party of the rirst Part 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 be let Carrier and leased by Party of the First Part will comprise Tract B hereinbefore described. 2. In consideration of the covenants of the Party of the First Paxt .expressed in paragraph 1 hereof and the covenants of the Party of the Fourth Part expressed in paragraph 3 hereof, the Carrier agrees to promptly prepare end submit to the Party of the First Part an agreement of lease containing substantially the terms XXdx and provisions contained in said agreement of lease dated July 26th 1933, covering the letting by Carrier and the leasing by Party of tAe First Part of Tract P as site for handling and distributing petroleum products at wholesale, and which by its terms will supersede and terminate, but without prejudice to any accrued liability, said agreement of July 26th, 19331 and further agrees that said pipe line and unloading facilities as relocated siiaii be deemed to De provided , maintained and used pursuant to and in accordance witil the provisions of said agreement widen carrier will prepare and submit to the Party of the First Park. 3. In consideration of the covenants of the Party of the Fir Part expressed in paragraph 1 and the covenants of the carrier ex- predsed in paragraph 2, the Party of the 14'purth Part agrees to pay to the Party of the first Part all necessary and reasonable costs and expenses which are incurred by trie party ur tite First Dart in the removal and relocation and adjustment of the r>ipe line and un- loading facilities of the Party of the First Part as well as VIM the removal and relocation and adjustment of any other improvements and facilities required by reason of the surrender by Party of thr First Part of a portion of the lands comprised in '.l'rpct A acid the substitution of a like area of land in lieu thereof, as provided in paragraph 10 said payment to be made by Party of the ` ourth art within a reasonable time following the completion of the work. Section 2. All ordinances or parts of ordinances in con- flict with this ordinance are hereby repealed.