Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-01-16
AGREEMENT

I
tween the City of MemDhis
party of the first part. and fins
Mississippi and Tennessee Rail,
road Company, party Of the sec
Ond part.
l. The City Of Memphis for the purpose
OF facilitating the construction and oper.
alton Of a Union Passenger and Freight
Railroad by steam power, designed to con.
meet the tracks of the different railroad,
terminating at said city, hereby grants "a
the said Railroad Company the right te
lay down and TO maintain, for the period
OF twenty-five years from this date. a
single track railroad, to be located as fol.
| lows; Beginning at point on the south
side Of Calhoun street, about one hundred
and twenty-five feet west of the southwest
corner Of Main and Calhoun streets;
thence crossing the north side of Calhoun
street at point about one hundred
and twenty-eight feet west of the north.
west corner of Main and Calhoun streets
thence northwest through private pro.
perty to the south side Of the lily parallel
TO Calhoun street, at a point about two
hundred and thirty-fve feet west of Main
street; thence crossing the north side oi
the alley last named at point about two
hundred and thirty-eight feet west Of
Main street thence with an alley parallel
to Main street to the south side of Butler
street, at point about about two hundred
and forty-tve feet west Of Main street;
thence curving northwestward TO the
southeast corner Of Shelby and Irrelevant
streets; thence running with a reverse
curve to the north side Of Trezevant
street, at point about one hundred and
forty-fve feet east of Tennessee street
thence cnrying northwestward to the east
side Of Tennessee street, at a point about
one hundred and forty-five feet north
Of Trezevant street; thence running TO
b the middle Of Tennessee street. at n
point fifty-hye feet south of Hulinp street .
thence northward with center line OF
Tennessee street to the south side of Lin
den street; thence with said center line
produced northward for a distance of five
hundred and twelve feet, to point south
Of Mccall street on the public grounds
thence curving westward for a distance of
about two hundred and sevenoy-one feet.
to point north Of Mccall street; thence
bya tangent line to the south side of
Union street, at a point about one hundred
and tifty-two feet west of the east side of
Clinton street; thence with said tangent
line continued for a distance of twelve
hundred and nine feet to a point north of
Court street, thence by curve of six de-
grees to the right for distance of one
hundred and twenty-five feet. to a Stake
south of jefferson street; thence hv a
tangent line for eighty-seven feet TO a
stake, also south of Jefferson street ;
THENCE by a curve of six degrees to the
left for distance of three hundred and
ten feet, to stake one hundred and fftv-
eight feet north of Jefferson street, and
about two hundred and sixty-fve feet west
of the east side of Front street, thence by a
tangent line nOrthward across the public
grounds to point in line with the south
boundary OF the east aud west alley be.
tween Exchange and Market streets. sale
, point being about two hundred and sew.
enty feet west of the cast side of Front
street; thence by a reversed curve TO 4
point at or near the northwest corner OF
Market and Fulton streets thence to the
center of Fulton street, at point one
'hundred and ten feet north of Market
street, where the line of the said Union
Passenger and Freight Railroad shall ioin
the track Of the Memphis and Little Rock
and Memphis and Louisville Railroads
now laid in Fulton street The said COM
pany Is also hereby authorized to Law
down and operate branch track, 10 con-
meet the main track with any elevator
that may hereafter be built on Center
landing or the river front north Of Adams
street, the construction Of which is here
after referred to.
2. The right of way and occunancv
herein granted to the said Railroad Com
pany for the construction and operation
Of the said Union Passenger and Freight
Railroad shall include only so mucb of
the streets alleys and public grounds ms
may be occupied by the mbanEments er.
cayatons, tracks and bridges of the main
track ana branches herein specified.
| q The privilege herein granted to said
railroad company shall terminate at the
end OF twenty-five years from the date
! hereof
4, It being the true interest and mean.
ing OF this contract to grant to the said
Railroad Company only such privileges
as are herein set forth, it is expressly
agreed and understood by both parties 10
the contract that the city shall in no wav
be liable for the cost or expense of any
improvements that the said Railroad Com
pany, or others for them, may place on
the said premises or any part thereof but
shall hold, own and possess free of cost
expense or charge, any permanent i'm
proyement put upon said propertv or
premises from and after the termination
of said twenty-five years, or sooner. sbonld
the privileges herein granted be termi-
mated
b. The City of Memphis does not hereby
grant away any of its police powers in re-
spect to the said granted premises. nor any
OF ITS general powers to control and regli-
late the running of cars within the citv
nor does It grant any interest in the soil
but only the privileges herein specifically
enumerated, and then only upon the con-
ditions and with the limitations prescribed
in the contract.
q. The said Railroad Oompany hereby |
bind and Qbligate themselves to keen and |
perform every provision and stipulations
of this contract by them to be kent and |
performed according TO its true intent and
meaning; and the said Railroad Companv |
hereby consent and agree that the Citv of |
Memphis shall have and retain n lien nnon
each and al Of the improvements of every |
character, that they may place upon the |
SAID premises or anY part of the same, as
security Of their performance of The sew
eral stpulations herein contained 10 he
performed by them, and also as a security
for any damages that may accrue to the /
city, and for any sum that may become /
due to the city by ,he terms Of this con-
tract. tf
Z, It is mutually agreed by the parties
70 TINS contract that the said Railroad
Company acquires and accents iust 'sIcb
rights TO use The granted premises and to
exercise the privileges granted, as the City
OF Memphis has the right and mower un-
derits charter TO grant, aud none other.
:, The City Of Memphis is not to be
held liable or responsible in any way. or
for any sum whatever, on account of or
III consequence of a deficit Of power or
authority lis municipal government to
make this grant but the eaid Railroad
ComnanN assnmas the risk ~ the ,ran1 80