The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1859-06-30
NO. 20
A. PRoCLAMAr1ON-

by direction OF the Clty COuncn ana bV HI
Thielson Chief Engineer of the Burlington
and Missouri River Railroad Company in be.
half of the said company, subject to the rati-
fication of the people of said city at an cleo.
ton, and by the said company by its duly
authorized agents, which said agreement Il
in words and figures following, to wit
AGREEMENT.
WHEREAS II Is important to the City of Ottumwa
and the Burlington and Missouri River Railroad Com.
pany that the latter should enjoy every necessarya
cility for the economical transaction of business at
said City Of Ottumv in order that business from an
large extent Of country possible may be attrac.
ted and drawn to said City; and WHEREAS nothing
well selected grounds for the transaction OF such bu
siness, with convenient access thereto; and WHERE.
desirable should be drawn to Ottumwa. can he more
conveniently done by said Railroad Company having
access to said river;-and WHEREAS the extent Of
grounds necessary for the transaction Of the business
which II Is anticipated must come to said Railroad
from other sources must be great to make it i'm
to procure such gr0ands within the pres
ant to the said city that the selection Of said grounds
should be practicable to the business part
Of said city, to fully enjoy the benefits 1t will Afford
Therefore accomplish and the object aimed
by each party hereto, these articles Of agreement
made and entered into this goth day of June, A.
D. 1882 by and between the city of Ottumwa of The
part and the Burlington and Missouri River Rail-
| road Company Of the other part, Witnesseth:-That
the said party the first part in consideration of the
premises and of the covenants and herein
contained and made by end in behalf of the said
| Burlington and Missouri River Railroad Company,
does hereby grant to said party of the second part
and assigns the right Of way for its tracks
of said road second part through the said city
thereof on and along the line Of said road as The sape
is located and is designated and by the Map and
Plat hereto annexed which right Of way shall pc OF
the width of Twenty-eight feet and as to Samantha
Street the said right is TO be taken the south
ery side of the said Street so not to inter-
fere with side walk of four feet on said southery
side of said street.
The said party Of the first part also agrees to estab
fish the 81 AIDES Of said Samantha Street and OF the
Streets and Alleys Of said city crossing said Railroad
correspond with the grade of said railroad tracks
as established by the Engineer Of said party of the
this agreement shah not be construed as oblgating
the said party of the first pat to work said streets
and alleys the said grades until such time as may
desire to do this covenant intended to lessen
the obligations resting upon said Company under the
legislation ofthe State Iowa. f
And the said party of the rst part further grants
said party Of the second part and to its
ard assigns the right to its cars trains and loco
motives by steam and over the tracks of said road
through said city at such rates of speed said party
of the first part may from time time Judge safe and
expedient for the interests of the said city, having
due regard to the public safety but which said rate
| six miles per hour
And the said party of the first part also grants to the
said party Of the secocd part its and
signs for the purpose Of enabling It to do expiditl.
ously and econo nicaly the business Of said road as
legtmately connected with the navigation of the Des
Mones River at that place, such and occupancy,
and such only of the upper tn west half of that
certain portion of the grounds belonging to the said
citv, which is bounded the southwest by the chan
mel of said river, and on its remaining Sides by the
adjoining lines edges of Court, Front and Washing.
streets respectively said Front street for the
pose of this agreement is construed be only sixty
six feet wide between Court and Washington Streets
with the privilege to erect thereon, such suitable and
necessary structures the purposes for which said
privileges granted may warrant and with suitable
side tracks and apparatus due reference being had to
| the rights Of navigation. g. q
And tha nf thaR rct ort 0na1 10
the said party othe second part costs
charge to the said party Of the second part
exceed thirty of ground bounded by the red Tines
mai ed the plat hereto affixed, the same lying i'm
medately below the eastern boundary Of said city;
said thirty of land to be granted BY said city to
said railroad Company for depot grounds the grant
to be made within three days from the ratification
the ratification of the said company and the said
city, the ratification hereof by the city to be by vote
as the ballot box at the very earliest day practical
ble
In consideration of 81. which the said party OF tho
second part for ITSELF and its and assigns
covenants and agrees to construct open and operate
its said Dad to the city of 0tumwa, before the
first day Of October next and furthermore It agrees
aforesaid that the said thirty acres of land shall
strictly used by said party Of the second part and
its successors for railroad purposes only and per-
manenty locate thereon its Depot for the transaction
OF all railroad business OF and with said city of Ottuni.
wa which may offer itself there from other places
and to erect and build said ground all necessary
side tracks, and turpous, with all necessary Passen-
ger, Freight and water houses and turntables and
also to construct such machine repairing shops
said party of the second part require within the
limits of the comfy Of Wapeo for the use Of their
said road and also erect all other structures which
| the business at and with said city may demand and
make necessary. @ r..
And the party ofthe second part further covenants
and agrees for itself and its and assigns
that in the event that any other rail road company
shall wish to ground donated to said party
second part by said city, it shall have the right
to do free Of COST the mode of crossing however
shall be least to detrment nconv enience the
said party ofthe second part due reference being
had to the interest said other company the man.
nf TIL Of paA iv,n
ment, by two practical and experienced engineers,
one to be chosen by each company, and in case Of
| gineers to select third one and an agreement Of
any two ofthese three to be final and conclusive on
the parties. The said patty OF the first part hereby
| agreeing to stipuate with said other company to
agree to the same arrangement for tho benefit of the
said party oftne second psrt in the event the said
party OF the second part may desire to cross any
ground which the city of Ottumwa may grant or sell
| to the other said rail road company
| It's further understood and agreed between the
said parties hereto their and assigns that
should the said party second part its
or assigns neglect, refuse to the priv
this agreement, for the purposes and those only.
which are herein contemplated then and In that case
all the rights privileges and grounds under this agrees
ment granted shall and the same revert to the
said city Of Ottumwa
II rhspeof said city sy their and
sign their names the day above written - '~'-
| GEORGE GILLAsPY, Mayor.
| H. THrELsoS, Chief Engineer, B. 4 NJ r. r. R. Co.
| Now therefore be it known that in pursu-
ance of a vote of the City Council Of said
city an election by the qualified voters of
said city will be held in said city at the Law
Office Of JOHNSON & GAYLORD, on We'd
ncsday July 18th, a. D, 1859, for the tax.
ing of vote for and against the ratification
of said agreement. -
Those voteing for the ratification of said
agreement will deposit ballot with the words
written or printed thereon, For the agree
nent. Those voting against the ratification
will deposit ballot with the words written
or printed thereon, against the agreement.
If majority of the votes shall be for .he
agreement then within three days after the
due ratification of said agreement by the
proper authorities in behalf of said Railroad
Company the rights and privileges in said
agreement shall be conveyed to said company
by proper deeds of conveyance.
| Witness my hand with tho
Q seal Of said City hereto affixed.
| 2oS6 done at Ottumwa June29th,
1859.
GEORGE GILLASPY, Mayor.
The FouRru.-The Burlington and Mis-
souri, Railroad announce elsewhere that Elk.