Omaha daily bee., 1899-02-15
ROAD GETS IRIS RIGHT OF WAY.
Fort Dodge ES Omaha Can Now Build
Through LnIke View pnrk.

Fort Dodge & Omaha Can Now Build
| Through Lake View Park.
The resolution granting the Fort Dodge G.
Omaha Railroad company a right of way
across Lake View park drawn up by Attor-
ney Hazelton at the direction of the park
, commissioners was not entirely satisfactory
! to President Duncombe and at the meeting
| Of the board last night he submitted an
other After considerable discussion and
| President Duncombe had explained the rea-
son for the changes in the resolution the
one submitted by hm was adopted and will
today be filed for record in the Office of the
county recorder The resolution follows:
| Whereas, the Fort Dodge G. Omaha Rail-
road company has applied for the consent of
the Park commissioners to construct, main
tain and operate two or more main tracks
across Lake View park in the county of
Pottawattamie, state of Iowa, at the points
shown in the plat hereto annexed, marked
exhibit "a and made part hereof and
duly filed with said Park commissioners.
Now, therefore, in consideration of said
| RAILROAD company, for itself and it's sue
cessors and assigns, agreeing to the follow
ing conditions, said park commissioners
hereby consent and grant permission and
authority to said Fort Dodge & Omaha Rail-
road company, its SUCCESSORS and assigns,
to locate, construct, permanently maintain,
and operate railroad with two or more
main IIdChS anu ali ubCtSSaTy
tracks, side tracks, and switches over and
across portions of said Lake View park
100 feet in width at the points of crossing
shown by the map or plat hereto attached
marked exhibit a. and made part hereof,
which said conditions are as follows:
First-That said Fort Dodge & Omaha
Railroad company, its successors and as
signs shall at all times construct, keep and
maintain ample and sufficient waterway un-
der its tracks at the lower south end Of
the lake in said park over which it's tracks
shall cross.
Second-That said Fort Dodge G. Omaha
Railroad company, its successors and as
signs, shall construct. keep and maintain
reasonable suitable and necessary crossings
and approaches thereto within it's right OF
way over under, or across its tracks at
such points within said Lake View park
as may by the Board of Park commissions
ers be required of them for the full and
complete enjoyment of said park by the pub
lie for the purposes for which it was granted
by congress.
Third-That the said Fort Dodge & Omaha
Railroad company, It's successors and as
signs. will permit to be turned into Big lake,
so called in said Lake View park, all of the
water from Vorhis spring, so called, not
required for use by said company It's sue
ce5sors and assigns.
herein granted Shall in no manner affect
any contract heretofore entered into be-
tween the Park commissioners of said city
and other parties, or any rights granted by
Gilbert brothers to said railroad company.
And said Fort Dodge & Omaha Railroad
company, its successors and assigns, shall
hold the said park commissioners and the
city of Council Bluffs harmless on account
of any damage or claim therefor arising
from or growing out of this resolution.
This resolution, when duly passed, ac-
knowedged and signed by said park COM
missioners, and accepted by said Fort Dodge
& Omaha Railroad company in writing, tileo
with said park commissioners within sixty
days from the date of the passage hereof,
shall constitute q binding and perpetual con-
tract between the said Board of Park Com
missioneas and said Fort Dodge & Omaha
Railroad company, it's successors and as
signs.