1772 Railroad AgreementORDINANCE N0. 1772.
An ordinance authorizing the Mayor and Clerk to execute, on behalf
of City of Salina, a certain Supplemental Agreement between the Missouri
Pacific Railway Company and the City of Salina, hereinafter fully set
forth, and ratifying and confirming the action of said Mayor and Clerk in
signing said supplemental agreement and affixing the corporate seal of
said city thereto.
Be it ordained by the Mayor and Councilmen of the City of Salina:
Section l.--That-the-Mayor of the City of Salina, Kansas, is hereby
authorized -to sign, on behalf of said city, and the city clerk is hereby
authorized to attest, and attach the corporate seal of saic city, on be-
half of said city, the following supplemental agreement, viz:
This Supplemental Agreement, made and entered into in duplicate this
15th day of June, by and between The Missouri Pacific Railway Company, a
consolidated corporation of the States of Missouri, Kansas and Nebraska,
hereinafter termed the Company, party of the first part, and the City . of
Salina, a municipal corporation of the State of Kansas, situate in Saline
county, Kansas, hereinafter termed City, party of the second part:
WITNESSETH; That, Whereas, it is mutually desired to correct or rect-
ify an unintentional oversight in .that certain agreement dated the first
(lst) day of June, 1914, and effective with June tneth (10th) 1914, here-
tofore entered into by and at the date hereof in full force and effect
between -the parties hereto covering the transfer of certain property
rights as between the respective parties thereto, said agreement having
been ratified and confirmed, as by law prescribed, by a`certain ordinance
of said City of Salina, bearing No..1768, heretofore duly passed, ap-
proved and published;
Now, Therefore, for and in consideration of the premis&s, as well
as the keeping by each of the parties hereto of all and singular such
party's covenants and agreements hereinafter set forth, it is hereby a-
greed, by and between the parties hereto (for and on behalf of thei:b
lessees,.successors and legal assigns as well as for themselves) as fol-
lows, to -wit:
1. The Company, within three (3) months next following June first
(1st), 19142 shall convey or cause to be conveyed to the City, its suc-
cessors and legal assigns, by deed of release and quit claim, and the
City shall so receive and accept from said Company, the following describ-
ed parcel of land, to -wit:
Beginning at a point on the southerly line of Block 12, Depot Addit-
ion
ddit-
ion to the City of Salina, ninety-five (95) feet west of the southeast
corner of said Block, thence,.measuring west along said southerly line
from Block 12, one hundred forty-one and four-tneths (141.4) feet to a
point; thence measuring in a morthwesterly direction, turning an angle to
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the right og sixty-six (66) degrees forty-eight (48) minutes, for a dis-
tance of twenty-seven and seven -tenths (27.7) feet, to a point on the
southerly line of the original right of way of The Atchison, Topeka
and Santa Fe Railway Company; thence northeasterly, along said original
of right og way, thirty-eight and two-tenths (38.2) feet to a point:
thence measuring east, thirty-three (33 ) feet, from and parallel to the
southerly line of said Block 12, for a 'distance of one hundred and eighty
six hundredths (100.86) feet to a point; thence, measuring southeasterly,
turning an angle to the right of sixty-six (66) degrees forty-eight (48)
minutes, for a distance of thirty-five and nine -tenths (35.9) feet to
the place of beginning. Provided, however, that, if and when Twelfth
Street shall be opened over and across said parcel of land, then, the
length of said parcel of land,, measuring in a general east and west di-
rection, at no time shall be in excess of the then width of the then
existing open Twelfth street adjacent and on each side of said parcel of
land, and such reconveyances by each of the parties hereto to the other
shall be made from time to time hereafter as shall be requisite to car-
ry out this mutual intent; and, provided, further, that the Company,
its successors and legal assigns, does hereby reserve the right, at all
times, hereafter, to locate, construct, reconstruct, maintain, repair,
renew, -replace, use and operate, when, where and as necessary, the Com-
pany's railroad tracks on, along, over and across said parcel of land
after as well as before said Twelfth street shall be opened through,
over and across said parcel of land as aforesaid, and, also, on, over
and across said Twelfth street.
2. Said agreement dated the first (1st) day of June, 1914, and
all and singular its terms, conditions, provisions, stipulations and
limitations, shall be and continue in full force and effect as therein
provided, and all and sungular the terms, conditions, provisions, stip-
ulations and limitations contained in this supplemental agreement shall
be held to be contained in and to be.a part of said agreement dated
the first (lst ) day of June, 1914, to the same and like effect as though
set out in full therein and, also, this supplemental agreement shall be-
come effective with June 25th, 1914; Provided, however, that the exe-
cution and attesting on behalf of the City of this agreement by the
City's Mayor and City Clerk and the affixing of the City's seal hereto
as well, shall first be duly authorized, ratified and confirmed by an
ordinance duly passed and approved by and on behalf of the City, and
said ordinance shall contain and set forth, as a part thereof, an exact
copy of this supplemental agreement.
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114
In Witness Whereof, each of the parties hereto has caused its cor-
porate name -hereunto to be subscribed and its corporate seal hereto to be
affixed and duly attested by its respective officers duly authorized so
to do the day and year first above written.
See. 2 . • The action of the , Mayor - in signing and the Clerk in at-
testing and attaching the corporate seal .of said City to said supplement-
al agreement, as authorized by,section one (1) hereof, is hereby ratified
and confirmed on behalf of said .city of Salina.
Sec. 3. This ordinance shall take effect and be in force from and
after its publication once in the Salina Evening Journal.
Passed and approved June 15, 1914.
Y. E. Niauett_
(SEAL) Mayor.
Attest:
Chas . E. Banker,
City .Clerk.
STATE OF KANSAS )
COUNTY OF SALINE ) SS.
CITY OF SAL INA )
I hereby certify that the above and foregoing is a
true and correct copy of an ordinance passed by the Council and approved
by the Mayor of the City of Salina, June 15th, 1914; and a record of the
vote on its final adoption is found on page�� of Journal No. 8.
City Clerk.
4
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This` S'upplemen. al Agreeuent; riade,'and ente.r.ed Onto .;in
:duplicate` this 15th,. day of 'June, .1914;;''by Rnd^ between The
Miss,ouri•'Pac:if,ic ,.Railway :Corrigan -y a.. c'onsoli'dated, corporGitian.
of `the•:.State;s of.,•Miss;ouri, 'Kansas and' Nebraska,:'^hereinafter
termed the' Coinpariy,; :party' of the' first :part; and the ..City of
Sabina, a municipal corporation of thP. Stst;e of. Kansas,•'
situate :.in Saline county, Kansas; hereinafterterrued City, party.;
of the isecond part,
Wit,
esseth,'. That; Whe'rea's it i`s mutu�lly, desired to
correct'"or, re,ctiYan
f , : that unintentional ove,rsht in
certain .written agreement 'dated ,:the f ir,'st* (lst )' Aair of 'June ;
1914`;: 'and` effective' w th;June ten h (lOtYi):, 1914; herbtofore.
entered. ,drit,o by, an -at:. 'the date hereof ; iri full force -and
effect between the para;ies, `hereto.coverin•g't,he;-trans fer sof
certain .property,: r `ghts':as between the re's:pe.cti.ve ,part;ies
there+b said '.a r.-eement havin .-been dual• raiffied• and ' .con' ,
6 g 9
fblya�certafn rdinne-'ofirmgdaw ,b, o
_,'•.`:saidcity of Salina; bear ing.;No., "176$;..'her•.
retofoe duly
passed, approved. and 'published;
r1oW; Therefore,'for', and .in consideration, of the. prem
ses; as; •wellas .` the: .:keep ing:'by-each of the parties'' hereto
:,•off' all and singular ,such' p art ,'s :covenants •and a reements h
g, P Y 8.
he reirafter set, forth, it`` is"hereby agreed';.: by' and :betwe,en_ '
a}e:`parties hereto =.(for 4nd on; behalf of t`he`ir' .leasees
^.succ.es,sor,'s and legal assigns as well as,'for, theinselve,s ;as
16116.7is t6 -W -It
"
I. The Company,'; wiihin"three (3.) months next; following
y June First (1st) .1914shall; convey or',, ca sse 'to b`e'.conveyed
to 'the 'City,, its s�xccessors and., legal assigns--' need, of
Releaseand': au tclairri ..and. ,the City. ,shoal ao r.Pcelve' and-
accep.+..:from the" '.Com 'any, the-'* following, desdr.:ibed parcel :of :
•hand; - 'to-:wi t
Beginning atl,. a point ..on the',so.utherlyline , of -'Block
12, Depot' Addition to''the.City' of. Salina, n, ne:ty ,five (95 )
feet,- west: of' --'.the,' southeast. -:corner.. of , said. Block.'; -thence,
measuring west,. along;' 'sai"d southerly line,.from Block 12
one hurid•red forty-one and :' four tenths, .' (14,1.4) •:feet` t. o. • a
point,. -thence, 'measur,ing in a northwester,;'; direct?on,
turni: ' angle •to the Might• of `"sixty six ;(66) degrees. ;
forty cigYit nutes, for, .a distance of` twenty-seven
=and seven-�ienths ,(:2,7:7,) •feet`'.to a point on ..the.,.,s, utherly
bine, :of `•,the or'Iginal right:'Ofof way' of The •Atchison, Topeka
' and ;Santa :Fe ^•Railway";Company, thence: no rtheas;terly,;` along
said'; 'or'iginal line -of rigb't-cf=�:ay;' th3rty�:�e,ight, and two=
"tenths
(38.2,) 'feet to . a, point; thence; ineastiring ,east; '
thirt;, three (33')` feet from and parallel t, the ''outherly
line; df -,said :'Block 12 ::for a` d-ist�►nce., of one hundred and
e'igh+�� 'six hundr,Pdths. (10:86) feet to' a gont; t}ience,:
measuring southeasterly, :turning an angle ,to the right;.o$
degr6*6s forty weight ' (48 'minutes,' for a
distance of thir y -five and:.nine "tenths ' (35.9) •feet. to ,the
.place' of beginning. Provided; however, .that; .if 'and when
Twelfth, stre.et,.:-shill -be opened,'.overj and' .across said , parcel.
of ,wand,, then the length'•of said .parcel of land, . meas.uring
in a -general•';_, east, and ,west: direction, at -no tune sha11 be'
in.. -excess ., of the; then,width'of ;the''then"existing,;:-open, Twelfth
:sti"ee� ;ad,jacPnt and on each side of said pRr..cel of Tand,..and
such. rec'onveyances •by,,.each';:of,. the'•parties •_-hereto to the', other
shall be made .from time to: time hereafter ss shall .be`regtzis;ite
to car•ry;.out thin. -mutual intent, tnd,••'•providod;:.•,further, that
:the Company, its" successors,'and legal. assigns; :do'e's ,hereby
r-escrve and, shall. -have the', ri'ght,':- at. al:l t:imes;`•he•r,eafter,: to
locate,•`construct, reconstruct; maintain,'repair•, renew,
replace, use- and ;.operate; .when, where 'and :as necessary, the
.,,C.oinpany.'s• railroad' tracks on, along; 'over• and -across :said
parc*eT ' of •.land:after: ;as . we1T. as before" said' ,Twelfah street
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; ,y Sec..2r The°'`action yo'f the, mafor4 in signing and then c�lerk,� in
a Gr
attesting and attaching; the:R cor_po rate 'seal of said city "t°o said supple
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-,1 rriental agreement, as authordisedt by .seetf°on one hereof;' is hereby ratu-
fi�!drand confirmed oa behal,f ofnj AM city of° Salina
,
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Sec. 3 'Thi's orclinance'sha11•take effect and be 0 force from`
R and after �ts #publ cat ion oneP in the Salina Evening, Journal
„.
�' Passel and aperove'd June 315`, 1914. h`
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