Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-12-15
An Ordinance.


Granting Certain Rights of Way to the
Baltimore and Ohio Southwestern
Railroad Company.
Section 1--Be 1t ordained by the
City Council Of the City of Marietta,
that there be and hereby are granted
unto the said The Baltimore
g. Ohio Southwestern Railroad
Company. and its successors, the
following rights of way for railroad
purposes in said City, to-wit:
The right of way for a sidetrack on
Butler street, parallel with and on the
north side of the present track on the
street, and thirteen (13) feet distant
therefrom and extending from the
easteIly line Of Second street to the
westerly line Of Third street; also a
right of way for a single track extend
ing extending from the eastern term
mus Of the present track as now held
and used by said company fright Of
way fJr which was granted to the
United Tcrillnal Railway Company by
ordinance passed December 8. 1880
AMI on the eCme course as said pres
ent track about 351s feet from the
northerly line of said Butler street,
crossing the intersection of Foul IN
and Butler streets and extending to
the westerly line of Fifth street.
Section 1.-The said rights of was
are granted and the use and enjoyment
thereof bv said Railroad Company.
and its successors and assigns, saall
be deemed and held to be their accept
ance of the same, upon the following
express terms, conditions and argee-
ments to be kept and performed by
them, viz: Said tracks shall be built
upon earth embankments, and said
company shall fill said Butler street TO
the grade now established by ordn-
ance not less than twenty (20) feet in
width on either side of the middle Of
said track between Fourth and Fifth
streets, so as to furnish safe and con-
venient road-ways on either side of the
track grade; said company shall con-
struct and maintain a safe and conven-
lent crossing over the full width of
Fourth street at its intersection with
Butler street, and at said street cross
ing the space between the rails over
the entire width of the roadway and of
sidewalks when the same are built
excepting sufficient space for car
wheel flanges) shall be filled and kept
with heavy and suitable plank, level
with the tops of the rails and securely
fastened to the ties. Said track shall
be laid and kept on the grade now es-
tablished by ordinance. Cars shall
not be left standing on any part of
said track between the westerly line
of Fourth street and the westerly line
of Fifth street.
Section 3.-And it is further stipu-
lated and provided that the right and
privileges granted by this ordinance
are given upon this express under
standing and condition that the Balti-
more &c Ohio South Western Railroad
Company shall and will, upon the ap-
| plication of any other railroad comp
any the tracks of which now extend
or may hereafter be extended and laid,
in said city, grant to such railroad
company the right to use the said right
Of way and privileges herein granted
whenever and so long as such railroad
company so making such application
shall bear and pay its equitable pro-
portion of the cost of constructing
maintaining and operating such
tracks, and maintain reasonable ar
rangements for such joint and common
use of the same, and comply with the
agreements, stipulations and provis-
ions with respect thereto set forth in
this ordinance
Section 4.-That the following por-
ton of Section / of an ordinance
passed July 18th, 1887, and entitled
"An ordinance granting certain rights
of way for railroad purposes" which
ordinance grants certain rights of way
for railroad purposes to the Marietta
Columbus G. Northern Railroad Comp
any, its successors and assigns, be and
the same is hereby repealed, to-wit:
"(3) for sidetrack on the North side
of said main track passing into Second
street at a point in its westerly line
not more than One Hundred and Sixty
feet from the southerly corner of
Square No So, thence crossing said
street on a suitable curve so as to in
tersect line parallel with, and IS feet
distant from, the easterly line of said
street, at point not more than Four
Hundred feet from the southwesterly
corner OF said Square No. 81, and
thence passing up said street on line
parallel with and eighteen feet distant
from the Easterly line to point One
Hundred and Eighty feet distant from