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HomeMy Public PortalAboutORD04830 43114 Section 3. �tij.s ordinance shell take effect and be in force from and after its passage and approval. Passed - Sept. 10.x 1946 Approved__ 1946 l2sse T.T. Owens Jesse N. Owen President of the Uouncil L;ayor Attest: H. W Ells ^City Clerk #4830 AN ORDINANCE AUTHRRIZING THE. IMAYOR OF THE CITY OF JEFFERSON, MISSOURI, A MUNICIPAL CORPORATION, TO SIGN AND EXECUTE A CER- TAIN AGREEMENT ON THE PART OF THE CITY OF JEFFERSON, MISSOURI, AS HEREINAFTER SET OUT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1, The Mayor of the City of Jefferson, Missouri, a municipal corporation, is hereby authorized =nd directed to sign and execute on behalf of the City of Jefferoon, Missouri, a cer- tain agreement, the terms of saod agreement to be as fol.lowp, to-wit: T};IS AGREEMENT, made and entered into in quadruplicate, this day of , 1946, by and between SKELLY OIL COMPANY a Deleware corporation, hereinafter referred to as Party of the 'irrat Part, GUY A. THOMPSON, TRUSTEE, MISSOURI PACIFIC RAILROAD CO!=PANY, DEBTOR, as trustee and not individually herein" :' after referred to as Party of the Second Part, TIISSOURI IMPROVE- MENT CO1­TPANY, a M.I ssouri corpora.tionj hereinafter referred to as Party of the Third Part, and CITY OF JEFFERSON, MISSOURI, a muni- cipal corporation, hereinafter referred to as Party of the ' oouth Part, said party of the Second Part and said Party of the 'ihird Part, a as their, respective interests may appear, being sometimes hereinafter referred to as "Carrier"; WITNESSETH: WHEREAS, the Party of the i"ouuth 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 Cj.ty of Jefferson, Missouri, and it is necessary for the Party of the Fourth Part to secure the right of way required for the construction of said streer; and 111HEREAS' pursuant to agreement of lease dated ly 28th, 1930, between (a) the Uissouri Pacific Railroad Company (the"railroad and properties rf w'-.ich are in ,the possession of and being. operat6d by the hereinb6fore mentioned Trustee) and Party of the being. Bart, as Lessor, and (b) Party of the irst Part as Lessee, the Party of the '' irst Part is occupying, as site for handling and distributing petroleum products at wholesale of Party of the First Part, the following described premises situate in Jefferson city, pole `'ounty, ?'issouri, hereinafter referred to as "TractA", viz: From the intersecting south line of Section 1, township 44, North, Range 12 'Nest, measure southeastwardly along the center line of Carrier's Bagnell Pranch vain track 710 feet; thence southwest- wardly at right angles to center line of said track, 30 feet, to a point 15 feet distant southwesterly at right angles from center line of Carrier's tract Teo. 117-119 for the point of beginning; thence southeastwardly parallel with said track 75 feetl thence southwa.rdly parallel with the east line of Carrier'sright of way 100 feet; thence northwestwardly parallel with center line of said track No. 117-119, ?5 feet; thence nurthwardly parallel with the east $ line of Carrier's right of way 100 feet to the point of beginning, 432 contaning 6750 square feet; and 11IEREAS, (a) that portion of said tract A located within the boundaries of the main line right of way cif' the Pnrt•y of the Second Part and (b) a twenty (20) foot strip of said Tract A abutting on the south the portion of Tract A referred to in (a) Next above will be required for use by the Party of the ' ourth rrt as a Evart of the right of way for the construction of said street, and a twenty (20) foot strip of said Tract A abutting on the south sal,'. twenty (20) foot strip referred to in (b) next above will be re- quired as right of way for a railroad spur tract to serve shippers whose improvements and facilities will bl relocated incident to the construction of said streer; which will require the removal and re- location of all or :part of the improvements and facilities of the Party of the First Part fm the lands comprising Tract A and the erection of said removed improvements o n the lands comprising the hereinafter mentioned "TRACT B"; and WHEREAS, there is now available for use and occupancy by the Party of the rirst Part as site for said party' s improvements now located on Tract A the following described lands, hereinafter referred to as"Tract B" viz: From the intersection of the north line of Sec. 12, T 44 N, R. , 12 W. with centerline of carrier' s ;'agneii Branch main track, measure southeastwardly along said conterl.ine feet; thence SJO thwestwardly at right Engles to said cento-VI i.a Le '/0 to a point on carrier' s westerly property :l:i)ze fe .t dista- lit from carrier' s proposed track 117--11V fc:r V.1e point of aeg'ulni7.g; thence soutlLwardly along siad westerly ptoPliz-otty line 85.E ft. ; thence pout]ieps. rd 1, p�-r 1].e]. ..c cr: ' s feet; thence northeastwardly •�t _�•iLl:t ;-a,�,les 2C).2 7t. ; tile, ace northwardly parallel. to said ti�,.:,t^rl;,• ne (�.l ^+�� to a point & feet, distant frola said ror)u P,d traack 'do. 117-119; thence northwestwardly, paral.lel , to Carrier's said main track, 150 ft. to the point of beginning; containing 11423 square feet. WHEREAS, the parties hereto desire to set forth in writing as agree,upnt reached between them whereby the lands desired for use as right of way for said street; and said railroad spur track will be made available by the sureender by the arty of the First Part of certain premises occupied by said partyrs improvements and the removal and relocation of all or part of said impr•)vements. PdGW,THEREFOHE, in consideration of the premises the parties hereto agree: 1. In consideration- or the covenants of carrier expressed in paragrapu e- uereoi P rid oI Lne uovenariLs of tue rarty of Lae ' uurLcl ?arT, e.xpreasea icl peragrap i j riereoi, Lue Tarty oz Lne rirst ?art agrees Lo, as early as practi.caole, commence and complete the re- moval and relocation and adjustment of such of the improvements and facilities of the party of the First Part as that upon the com- pletion of said work the improvements and facilities of the Party if the First Part now located on Tract A will be located on Tract B. 2. In consideration or tile covenants of the Tarty of tree r'irst Hart expresses in paragraph 1 nereol and the covenants of the tarty ox Lae ourtri e rL expressed Ln varagraprn j riereoi, the carrier agrees to promptly prepare and submit to the Party of the First Part and agreement of lease containing substantially the terms and 'pro- visions contained in said agreement of lease dated July 28th, 1930, covering the letting by carrier and the leasing by Party of the First Part of Tract B as site for handling and distributing petroleum products at wholesale, and which by its terms will super- sede and terminate, but without prejudice to any accrued liability, said agree►rient of July 2bth, 1930, and Carrier further agrees to furnish and provide Drackage anO other required facilities, without expense to Party of First Part, at Tract B as promptly as possible.