The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1859-07-07
A PRoCLAMArION.


signed by the Mayor of the city Of Ottumwa
by direction of the City Council and by H.
Thelson Chief Engineer Of the Burlington
and Missouri River Railroad Company in be-
half of the said company, as also an agree
ment between the said city and Charles f.
Blake The said agreements subject to the
ratification by the people of said city at an cleo
ton, and the agreement with the said Com
pany to be ratified by the said company by
it's duly authorized agents. The agreement
signed by the Mayor and Engineer is in the
words and figures following, to wit
AGREEMENT.
WHEREAS il Is important to the City Of Ottumwa
and the Burlington and Missouri River Railroad Com
pany that the latter should enjoy every necessary
city for the economical transaction Of business at
said City of 0ttumv in order that business from as
large extent of country possible may be attrac
ted and drawn to said City; and WHEREAS nothing
fully accomplish thi- object than ample and
well selected grounds for the transaction of such bu
siness, with convenient access thereto; and WHERE.
AS certain portion of this business which il IS highly
desirable should be drawn to Ottumwa, can be more
| conveniently done by said Railroad Company having
access to said overland WHEREAS the extent of
grounds necessary for the transaction of the business
which it is anticipated must come to said Railroad
from other sources, must be great to make it i'm
practicable to procure such grounds within the pres
ent limits of said city;-and WHEREAS 1t being mpor-
the said city that the selection of said grounds
should be practicable to the business part
of said city, to fully enjoy the benefits it will Afford
Therefore to accomplish and the object aimed
at by each party hereto these articles Of agreement
made and enter ed into this 29th day of June A.
D. 1859, by and between the city Of ottumwa Of The
| 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.
after contaned and made by end in behalf of the said
Burlington and Missouri River Railroad Company
does hereby to said party of the second part its
successors and assigns the right of for tracks
of said road ofthe second part through the said city
and along the Streets Alleys and Public grounds
thereof on along the line of said road as the same
is located and is designated and by the Map and
Plat hereto annexed, which right Of Way shall be Of
| the width of Twenty-eight feet and as to Samantha
Street the said right fway Is to be taken the south
ery side of the centre said Street not to inter-
fere with side walk Of four feet sa id southery
| side of said street. sa.l't
The said party the first part also agrees to esab
fish the grades of said Samantha Street and the
Streets and Alleys of said city crossing said railroad
to correspond with the grade of said railroad tracks
as established by the Engineer of said party of the
second part Provided that this clause covenant in
this agreement shall not be construed as obgatipR
the said party Of the first pat to work said streets
and alleys the said grades until such time may
desire to do nor is this covenant Intended lessen
the obligations resting upon said Company under the
legislation of the State of Iowa a. AZ ri -
And the said party of the first part further grants to
the said party of the second part and 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
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
of speed shall never be fixed and established at Iess
| six miles per hour.
And the said party OF the first part also grants to the
said party of the secocd part its successors
signs for the purpose of enabling It to do exploits
ousy and ncally the business of said no ad as
| legmatey connected with the navigation of the Des
Moines River at that place, such use and occupancy,
and such only, of the upper tn half of tnt
certain portion of the grounds belonging to the said
CITY, which is bounded the southwest by the chan
mel Of said river and on its remaining sides by the
adjoining lines or edges OF Court Front and Washing
ton streets respectively; said Front for the
pose this agreement construed to be only siyty
six feet wide between Court and Washington streets
with the privilege to erect thereon such suitable and
necessary structures as the purposes for which said
privileges are granted may warrant and with suitable
side tracks and apparatus due reference being had
| the rights OF navigation.
And the party ofthe first part finally agrees to pro-
cure for the said party othe second part free of costs
charge to the said party Of the second part not to
exceed thirty ground bounded by the redines
NAKED on tie plat hereto affixed the same living i'm
nediatey below the eastern boundary Of said city;
said thirty of land granite by said CITY TO
said railroad Company for depot grounds the grant
! to be made within three days from the ratification
ofthe ratification, Of the said company and the said
city, the ratification hereof the city be by vote
ble.- ... 10 .H-... rs.E.,r.'... IT. - 4.
In consideration of .ll which the said party OF the
second part for ITSELF and its and assigns
covenants and agrees to construct open and operate
its said road to the city Of 0ttumwa or before the
first day Of October next; and Furthermore agrees
as aforesaid that the said thirty of land shall
be strictly used by said party of the part and
Its successors Tor railroad purposes only and to per-
anentv locate thereon its Depot for the transaction
of all railroad business Of and with said city of Otum-
wa or which may offer itself there from other places
ana 10 erect and build on said ground all necessary
SIDE tracks and turnouts, with all necessary Passen-
ger, Freight ana water houses and turntables; and
iS suo or repairing shops as
limits of the comfy of WapeIo for the use Of their
h roan and also to erect all other which
make necessary anu Wv" '"'' '' may demand ana
And the party of second part further covenants
be ana Its oshs $50 and assigns
shall wish any ground donated to said party
the SECOND par, ny sad city, II shall have the right
so as to deriment or tse
said party ofthe second part, due reference being
ner Of crossing 10 be- eterminad Go the man
ment, by two practical and experienced engineers.
10 De BY each and in case of
gneers to select third one and an arreemsnt en-
any two ofthese three to be final and conclusive on
agreeing to sea sha pa,S OF Ge rst part hereby
to the arrangement for the benefit Of the
sa,a party eftne second psrt in the event the said
ground which the cv of ttnSw aeS,re 70 cross any
to the other said rail road company. : ''A
said nares herao thsr ana agreed between the
should said party of the second part its
or assigns neglect refuse or cease to the priv
this agreement for the 70 ,hem under
which are herein contemplated then and in that case
all the rights, privileges and grounds under this agree.