HomeMy Public PortalAboutORD04913 77,
i ort.1-i 177 do,(roon and 30 inl.nutes sent, R4 feet to tj-,(, paint of beCInningr.
1.1 acros, .ore or less.
Said above )roperty Is to be used b,', the �Iity and held b-y-the wity for
the use and beiieflt of the citizens and rest dents of the and as a place
to dump. (.111s,)ose of trash, paper, boxes, ciders, and any and till mznteri-
alV COWV0111.7 to as trash, including 1,-,lassware, tin cans, papers,
1)oxos , and any other mn6erlal ond [,,oads which xxx said citizens may
desire to dispose of m. d abandon; provided, ho%%,ever., that nothing h(.!rein
contained shall be construed or shall per it ai tit person to d-Lnp on tnh
to)ove described Proi,,I.ses any :,,arlbage or dead animals.
2. i'ho City ar,rees to give it ' s fullest cooperation to the
Lessors I.n eliminating any and all shooting and firing; of firearms of
any desorlption at any time on the aboce described premises and also
In eliml.i,inting �y and all nuisances that may be caused on the public
road or adjoining property to the above pren-ises by any of the above
numornted iteris of rofuse being scattered., b1. own or ?laced on said
ad.lolninj, ,)remises by the City of it ' s residents.
3. In consideration of the use of the above described property
for the above p,,..rposes the City agrew t -) pay to the Lessors th4e sum
of Sixt-,%,r moll r-, (','60.00) per ,!onth payable on the ffDrst day of each
month beginning June 1., 1947.
4. It Is mutually ar:reed by the parties hereto that said Lessors
shall assume no duties or responsibility whatsoever as regards the
c��
supervision of dumping operations on the bbove. described preT-rises.
S6etion 2. All Ordinances or parts of ordi antes ;-n conflict
with this ordinance are hereby repealed.
Section 3. this ordinance shall take effect and be in force
from and after its passage and a! prr.,val.
Passed— J,,,ne _2, 1947 Approved June 7 1947
J. T. Blair. jr. J. T. 3laLr, Jr.
?Fr,s I-d(,.,,t OF the Council Mayor
Attest: Ii. VV. El is .
City dlerk
#4913
A!, ORLI.''ADICE AUTHORIZ1110 THE 101AYOR 01�' THL CITY 01,1 JEFF; RSON, 1-1,TSSOTJRT,
A tv,.1_!-;4ICI?AL CCRPORATIOI� TO A; D" EXLCUTE A CERTAI17 GR'.1`J K ,T
i TT C
A
TM:, iART OF THE CITY OF JErWERSCP',, 11=SOURI , AS IS T OUT.
BE IT ORDAIYED BY THE CITY COT!1,T.CIL OF THL CITY OF 1v.ISSOT,RI ,
AS FOLLOVVS:
Section 1. The "ayor of the City of Jefferso,), Tvissouri,, a
municipal corporation, is,hereby authorized and directed to sign and
execute on behalf of the ity of Jefferson, 1,. I.ssouri , a certain agree-
ment ., the terms of said agreement to be as follows, to- tit:
THIS ArrR-'-'E7,M1,TT, entered into in triplicate 1947,
by and between the CITY OF J!.-.'FF1-!,RSO:,T. 1,11ISSOUIR herein c alled "My"; NMXX)U
GUY A TEICMPSO,11 TiMSTEE, MISSOURI PACIFIC RIJLROAD C.A�:-'Ai,ff, DEBTOR, as
tru6ted find not individually, herein called "M'ssouri 2acific Trustee";
and MISSOURI INPROVERENT M.'. 2ANY, a 1, issouri corporation, herein called
"Improvement' Company"; VVITi;E'2)SETH:
R E C I T A L S:
The City proposes to construct a paved hiL7hway which will extend
in a southwesterly direction U from, on the east, Clay Street to., on the
West, Dix "oad in Jefferson ity, 1%1isso�.iri , the route of which highway xk±
will extend on and over certain ri7ht of way lands of the Missouri
eacific Trustee and certain lands of Improvement U ompany; and the city
is desirous of obtaining from each the Missouri ' acific Trustee n.nd the
Improvement 'ompany an easement in and to so much of said lands as shall
L
be required for the construction, mainti,(-finance an use of said highway
thereon slid thrroover.
While the lands of the Improvements "ompany in which the amity
desires an easement where acquired by warranty deed and Improvement
Uonpany holds.,fee title thereto, the lands of iAssouri i acific Trustee
in which the ity requires an easement were Required in various ways, the
title to sane lands being by adverses possession, some by condemnation
and some by quit claim deed; and portions of said lands have heretofore
been leased for .industrial sites and certain other of daid lairds are
subject to servitudes for the maintenance, on, abo,:e and beneath, the
surface thereof certain water and sewer pipe lines, private roadways
and railroad tracks of t':ird parties as well as for wire and sIC-n!t1
lines; pipe lines, railroad tracics and drainage and other facilities
which are a?purtenances to the line of railroad of Wi.ssouri Pacific
Trustee. However, path the Missouri ,acific Trustee and the
Improvement Company are agreeable to granting, to the extent of his
or its interests in such lands as shall be required by the Lit, an
easement for highway purposes, subject, however, to the conditions
hereinafter expressed.
i;OW1 T EREI'ORE, it is agreed:
1. The Missouri pacific Trustee, to t -le extent of his interest
in the "i;":., ssouri i d
'acific Lands" hcrei after escribed, and the improve-
ment ompany, t o the extent of his in the Missouri. ,acific
Lands" hereinafter described, and the Improvement Company, to the extent
of its interest in "Improvement oir.pany Land" hereinafter described,
grants to the City an easement in-and to said lands for highwsy purposes,
subject to the axisting servitudes in and to said lands;.
(A) covered by the agreements referred to in Items (1 ) to (9) ,
both inclusive, next below:
(1, Agreement dated Jauary 15th, 1912, between i- issouri
•'acific Railroad 'ompany and Capital City Water company
covering the installation, maintenance and use of a cast
iron water pipe, 8 inches in diameter, on, across and beneath
the surface of Missouri Pacific right of way lands in
Brooks Stree, extended southwesterly, near its intersection
by !,, iller "treet.
(2) Igreement dated February lst, 1910, between iviissouri
Pacific Railroad company and ity of Jefferson, State of
Yissouri , covering the installation, maintenance End use
of a tile sewer :)ipe, 6 inches in diameter, on, across and
beneath the surface of Missouri acific right of wall lands
in 3rooks Street, extended southwesterly, near its inter-
section b'r Miller Street.
(3) Agreement dated Aprill5th, 1922, between Missouri Pacific
�
Railroad Con-pany and apital City Water ompany coveki.ng
the installation, maintenance and use of a cast iron water
pipe; 6 inches in diameter, on, across andbeneath the sur-
face of Missouri Pacific right of way lands, said pipe
extending in a westerly direction from Brooks Street along
the northerly side of said right of way lands to an alley
and thence in a southwesterly direction along Emid alley
across said right of way lai ds.
(4 ) Agreement dated December 1st, 1926, between N'llssouri Pacific
Railroad Company and "ity of Jefferson, covering the in-
stallation, maintenance and use of a vitrified sewer pipe,
8 inches in diameter, on, across and beneath the surface of
Missouri Pacific right of way lards in the so�_lthwest Quarter
of Section 1 , Township 44yorth, Rai Fe 12 71est, Cole Bounty
missouri. , at aooroximately chainage station 6710 ;plus 76.
(5) Agreement dated t'pri.l 5th, 1928, between Missouri 2acific
Railroad Company and t+.ax H. Baer, doing business as Central
Missouri Junk k'ompamy, covering the constructi6n, maintenance
and ooerbtion of an industrial track leading; out to the
left in a southwesterly direction from r i.ssouri !"acific ,
niain tbaelc at a point 58 feet , i-ore or l ess, said track Being
shown by rod line on the hero.innfter rrontioned Exhibit A.
(6 ) Agreement dated Lecerfiber 11th, 1929, between I.;issouri
Pacific i`,ailroad Coy• ;-)any and �'ity of Jefferson, Missouri ,
covering the installation, ma:i.ntenance and Live of vitrified
swwer pipe, 8 inches in diameter, on, across, and beneath
surface of i,:issouri Pacific ' s right. of way lands in 1-,rooks
Street, exrended southwesterly, near its intersection by
Y.iller Street.
(7) Agreement dated I;ovember 24, 1933, between L. 'go. Baldwin
and Guy A. thompson, Trustees, Missouri Pacific Railroad
on pany, Debtor, and Pry , ssouri -Power er Light Company covering
the installation, maintenance aid ,)se of a 6 inch wrought
iron pipe for conveying gas, on, across, and beneath the
surface of Missouri -Pacific 's right of way lands located
parallel to and approximately 25 feet westerly of the
east line of Section 2, Township 44 I;orth, Range 72 West,
Cole County, Missouri.
)8) Agreement dated Januar.- 10th.., 1938, between Guy a Thompaon,
Trustee, Missouri Paaific Railroad Company, Debtor, and
Oberman and "ompany covering the maintenance and use of
and industrial track leading out to the left in a couth-
wdstorly* direction from Missouri Pacific 's main tract
near and just westerly of Brooks Street, safid track
being No. 117-21 on Exhibit A.
(9) Agreement dated April 29 1946, between Gyy A. 1hompeon,
Trustee, 14issouri Pacific Railroad company, Debtor, and
City of Jefferson, Missouri, covering installation,
maintenance and use of a cast iron andvitrified tile sewer
pipe line on, across, aid beneath Missouri Pacific 's
right of way lands in the Northeast quarter of Section 12,
Township 44 IJorth, Range 12 s.est, Gole County, Missouri,
at a point 305 feet, i::ore or less, easterly of the north
and south centerline of said Section 12.
(II) consisting of private road crossings located at the chainage
stations of 14 is souri f ac if i c Trustee enumerated next below
which are not covered by express agreement but which were app-
arently installed p.irsuant to statutory right, viz:
Chainage Stations:
6785 plus 26 6750 plus 00
6778 plus 96 6748 plus 35
6765 plus 14 6735 plus 09
(C ) consisting of any wire, railroad tracks, wire and signal
lines, pipe lines, drainage facilities and other appliances and,
facilities of Missouri racifie Trustee as of the date hereof
located on, above or beneath the surface of Missouri Pacific
Trustee 's right of way lands.
2. "Missouri Pacific Lands", as used herein, means the
following described premises, viz:
" All that portion of Missouri Pacific Trustee 's
right of way inc,uded between two parallel lines lying
respectively 10 feet and 50 feet southwardly, on a
norrial or at right an les from the center line of
Missouri pacific Trustee ' s main tract over and across
Lots G, 7, and B. clock 119 Lost 19 2, 3, 10, 110 120
13, and 14, , lock 12; and lots 7 and 8, Block 18, in the
City of Jefferson Uity, dole ^ounty, I„issouri , con-
taining 22, 960 square feet or 0. 53 acres, pore or less.
" "lso a strip of land 40 feet wide over, through
and across part of theNE-` acid TAE--n NW-`} of Section 12;
the SW7; of Sectionl; the SE-", the SW-; and the SW -;
of Iv�ti' Section 2, a part of the SE-' NE-r: of Section 3,
all in Township 44 Ilorth, Range 12 'nest, and extending
from a point in the westerly line of brooks Street to the
easterly edge of Ten Nile Drive where said drive crosses
Missouri Pacific Trustee 's track and right of way in the
said SE, NE-..3' of Section 3, rand more ptirticularly do-
scribed as follows:
"Beginning at the intersection fo the westerly line
of Brooks Street with Missouri 1-acific Trustee 's southw-
erly right of way 11ne, 50 feet southerly, at right
angles, from the center line of Main track; thence in a
general westwardly direction, and parallel with said
main track, a distance of 11,825 feet, more or less, to
the easterly edge of Ten 1-0ile Drive; thence northeast-
wardly along said easterly edge of Ten Mile Drive to a
point 10 feet southwardlyp at right xanCles, from center
line of said main tract; thence in a general eastwardly
direction, end parallel with said main track, a distance
of 11,845 feet,. ::ore or less., to the westerly line of
Brooks Street; thence southwestviardly, along the
weaterly line of Brooks Street, to the point of beginn-
ing; containing 10.87 acres, moie or less.
"Improvement Company Land", as used herein, means the
following described premises, viz:
'A strip of land 40 feet wide over, through and across
part of the NIV--L NE-3 and the NE—'- NVI-A of Section 12,
1 �G ., 4 0. 4
and the SE-'.-T SW4 of Section 1, all in Township 44 North,
Range 12 West, Cole Countym Nism uri , and adioining the
southerly line of right of way of Missouri Pacific
Trustee, and more particularly described as follows:
Beginning at the intersection 6f the North and south
center line of the SW-34 of Section 1 End the said southerly
line of right of way, said point being •50 feet from and
at right angles to said Missouri -Pacific Trustee 's -main
track; thence south along said north and south center line
to a point 90 feet from and at right al files to said
main xtrack; thence b6stwabdly 90 feet from and parallel
to said main tract 1685. 6 feet; thence northwardly to a
point in said southerly line of right of wq
.;. 50 feet
from as d at right angles to said main track; thence west-
wardly measured along said line of right of way to point
of beginning; containing 1. 55 acres, more or less.
"Also a strip of land 20 feet wide in the Vole NW-4- NE--;L of
e.
Section 12, ownship 44, Range 13 Viest, County,
M ssouri, adjoining said southerly line of right of way
-1 . of
Missouri Pacific Trustee and more particularly described as
follows:
"Beginning at a point In said soi)ther!17,- line of right of
way 1894.35 feet eastwardly -measured along said line of ,
right of way from the north End south center line of
the SW--.L of Section 1. ownship 44, Range 12 West, saJ:U
point bel g 50 feet from and at right angles to said
Missouri acific Trustee 's main track and being the
northwedt corner of property conveyed to Yissouri
Iii-Drovement Company by Warranty Deed dated September 10,
192q, from Max Baer and wife., recorded in Book 72 at
page 402 of the records of Cole County; thence southwardly
along the westerly line of said property conveyed to
Missouri Improvement Company to a point 70 feet from and
at right angles to said main track; thence southeastwardly
70 feet from Jdm and oarallel to said main tract 190 feet
to the easterly line of said property conveyed to Missouri
Improvement C-;npany; thence northwardly along said east-
erly line duo its intersection with the southerly line of
right of way; thence northwestwzzrdly along said southerly
line of right of way; thence northwestwatdly along said
southerly line of right of way 190 feet to point of
beginning; containing 0.00 acres, more or less.
3. Tic approximate location of the easements herein [_;ranted
are shown onclosed In heavy solid white line , and the approximate
location of the servitudes referred to In paragraph 1 hereof are
approximately designated, on Vissouri iacific R. R. blue :)rint, "'ile
IJ,o. Ii-1 02-A, � 1 Lou ii s,
pro ared inOffice of Chief 'ngineerm lot. Lo
Y ssouri, December 21., 1945, m last revised Mr.V 12th, 1947, itarked
Eikhibit A, attached hereto as part hereof.
4. It is expressly 'understood and agreed that 14issouri -L acific
Trustee will ren-ove track No. 117-19., shown by a red line on Exhibit
A described in Item (5) of )aragraph 1 and construct in substitution
Alk tlerefor a track to be located approximately where shown by solid
yellow line on Exhibit A, and that the easements herein Granted are
accepted by the City subject to the servitude or sa:Ud yellow track.
5. It is expressly understood tbattthe grant of easements beret
contained are made for the construction and maintenance on the lands
covered thereby of solely apaved and appurtenant drainage facilities,
and the City does not ac-quire by virtue of this instrument a,, y right,,
title or interest in or to the lands of the M ssouri Pacific 'l.rustee
or the Improverient "on-..pan,Y and no right to th6 use thereof for my
purpose save only as herein expreslly provided.
It is further understood and agreed that N'issour Oacific
Trustee, his successors and assigns, shall have the right to retain
any industrial' tracks, pipe lines, and drainage facilities, power,
signal and communication lines, and appurtneances of any or all
hhereof, now operated upon and across the lands covered by said ease-
ments, and may, at any and all times hereafter lay down, maintain
and operate thereat or thereover such additional ,Dipe lines and
drainage facilities, pwoer, signal anc' communication lines., and.
aEpurtenances of any or all bbereof, and., with the approval of the
P blic Service Commission, such additional industrial tracks., and
a-p urteriances to an thereof, as may be deemed necessary; and the
Cit-,r shall not at any time or in a. y manner the usefulness
or safety of any of the aforesaid industrial tracks, pipe lines,
drainage facilities, wire lines and appurtenances, whether now or
hereafter coi:structed.
6. As a further consideration for the easements herein
granted, the Gity shall:
(a) construct, maintairt, repair, renew and replace said high-
way and provide any culverts and local ditches or drainage
necessary to preserve and not inteflvefe with drainage upon
the premises of 10issouri Oaci2ic Tursteex and Improvement
Company, all wit:.-out ex-)ense to Nissouri kacific Trustee;
(b) construct., and maintain the proposed highway so that the
elevation thereof shall at no place on N',issouri Pacific
lands or on Improvement Company land be Greater than six
(6) inches above or below the base cf rail in Missouri
Pacific Trustee ' s rain track as existing on the date of this
agreement;
(c ) assume, SnO undemnify the Fissouri Pacific Trustee and the
Trprovement Company against, the expense of relocation and
rearranging improverients of third par-ties located on the
premises covered by said easements so as to permit of the
occupancy and use of said promises by City for h .)ighway
purposest
(d) reir.-burse Vissouri 1aaific Trustee the cost of removing
L'I, ssouri Pacific Trustee ' s track 1:o. 117-19 from where shown
by solid red line on ' xhibit A and of constructing in lieu
thereof the track shown b solid yellow line on Exhibit A ;
(e ) acquire title to and convey to 14'issouri Pacific Trustee
easement in such land as shall be required to provide a right
of way., at least twenty (20) feet in width for such portion of
the track shown b,,, solid yellow line on Lxhibit A, and a
right of way, varying from twenty (20) to forty (40) feet in
width as Yissouri ' acific Trustee may require, for such portion