Wichita eagle., 1886-10-01


far on the question may be fully understood
by the public, both letters are given below
MAYORS OFFICE, WICHITA, Kan, Sept. 10
Hon. c. ". Smith. Vice Prcsdcn. and General Kan
eyer A. T. & S. r. r. r. Co. Topeka, Kan.
| DEAR SIR-At a special meeting of oul
city council held last evening for the purposs
| of considering proposition made by your
| company to construct depot on Fifth ave
ME in this city between Douglas avenue and
| First street, | was ordered to correspond
with you with view OF ascertaining youl
wishes. and to ask You to make yo.lr PROPOSE
ton definite so that it can be acted upon by
the council at their regular meeting next
Moniay night, deiinately and inteiIigently
| Messrs. Hea!y ard Allen. members of the
council, reported the substance o. recent
! interview with you upon the subject. They
understood from vou, and so reported 20 the
council. that il was the desire of your com
| pany TO build passenger depot az Wichita,
Is good as any on the line of Your road
and tha. upon suitable grounds being pro
vided you would az once set about prepar-
ing plans and specifications aud
rcsn the building to an carly com
pletion They said that YOU desired as
preliminary TO this some action of the city
council. 70 secure to the railroad company
an absolute and in6efeasibie title to part OF
Fifth avenue, viz: \ strip fifty feet wide
| lying thirty feet east of the western line of
! Fifth avenue, and between Douglas avenue
and FIRST street This street was originally
dedicated by the plat OF j r. Mead filed for
record or the 10Th day OF September, 1870:
afterwards on the 5thdav OF September. 1871.
deed executed to the Wichita & Southwest
eTn railroad company g quit claim deed to :.
piece % iaagi described as follows: Being g
strip OF land one hundred feat wide running
ii 6 southerly direction through the north
west quarter OF section 81, township y range
! east, being strip OF land fifty feet vide on
each side fl ON he center of he present sur
yeyed line. or such line may hereafter be
adopted for the route Of said ROAD, said strip
TO be located on or east of Fifth avenne, in
j. K. Mead's addition to the city OF Wichita =
This seems to cover Fifth avenue from
Douglas eyenge 10 First street which is
eighty feet wide and upon the fifty foot
strip OF FIFTH avenue above mentioned being
vacated, the railroad company viii acquire
an absolute and indefeasible title 20 it. At
present the company occupies the strip by
permission and at the viii of the
city council. From your standpoint it IS GER
tainiy advisable, If possible. to have your I'll
tie to the depot grounds settled permanently,
but the members OF the council cannot be in
6uced 30 vote for the propo ;ition 10 vacate
the portion of the street referred TO except
upon a reasonable certainty that the ground
VIII he used for depot purposes. and upon
positive assurance from the railroad COM
pany that it Will construct q depot of q style
and value worthy OF the city. With such an
assurance it is probable that q majority Of
the council may waive whatever objections
they may have and vote for the ordinance to
vacate fifty feet OF the street
Now what would suggest is this. that you
make a formal application to the mayor and
council Of the city, asking that the part OF
the street described be vacated by ordinance.
and show that the purpose OF the
railroad company is to use the ground
so vacated together with other
grounds the company has obtained.
for depot purposes, specifically stating the
kind, character and value OF the structure
proposed and the place where and the time
when it viii be commenced and completed.
expressly providing that upon failure on the
part of the company to carry out its pcopo-
s!tlon that the ordinance Of vacation may be
repealed and the street restored to its orgi-
nal condition and width without any ciaiu
or right for damages whatever.
In addition to this it would be well to have
some one present authorized To act and
speak for the company. It is important tha5
the council be satisfied by straightforward
unequivocal declaration of purpose on the
part OF the railroad company.
Very respectfully,
". Z. CAMPBELL, City Any.