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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with this ordinance are hereby repealed.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.