The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-11-18

SectlOn z. SAID grantee ana It's sue
cessors' in interest shall have the author
ity and power herein to lay and con-
struet upon the strip of land in said
highway above mentioned line of rail-
way with single tracks and with all
such side tracks, turn outs, switches,
turntables, poles, trolley wires and other
and appurtenances as may
be necessary and convenient for the oper-
alton and maintenance of such railway
during the term herein limited.
Section 3. And all tracks laid and
constructed herein and all side tracks
turn outs, switches, turntables, poles,
trolley wires and other contrivances and
appurtenances shall be SO laid, construct
ed and maintained as to permit the safe
and convenient passing and crossing of
said tracks, at any and all places used
as crossings, by pedestrians and by car
riages and other vehicles and elsewhere
as far as practicable and possible. The
board of county commissioners shall
have the right to order plank crossing
at any time or place when it shall be
necessary, and when so ordered it shall
be the duty of said grantee to cause the
same to be built within twenty days
thereafter at the expense of said gran
tee All public crossings shall be built
and maintained by said grantee, at its
own expense, good and substantial
crossing, and shall cause at each of such
crossings danger signal to be displayed
to warn teams and pedestrians, and at
all such crossings the approaches shall
be graded to proper grade by and at the
expense of said grantee. Said company
shall also provide and construct all nee
essary private crossings over its tracks
for the use of those occupying land adj
iacent to said tracks, so as to permit
easy access to the highway over said
track or tracks by those living contig-
,lQus thereto; if any defect occur or ex-
list in any crossing or any defect occur
or exist in any water way, culvert or
conduit maintained by said grantee, of
such nature as to impair the public use
of said highways, and of which the
grantee or its agents have no knowledge
notice thereof may be given in writing
to any officer, conductor or agent of said
road by pathmaster in whose district
such defect exists or any town supervis-
or in whose town the same exists or by
any commissioner of the. county of Blue
Earth, and any such notice so given shall
be deemed and held sufficient. Said
grantee shall, at it's own expense build
all bridges necessary for its use, unless
authorized by resolution by the board
of county commissioners to occupy and
use county bridge, and shall extend all
culverts, conduits and Waterways on the
line of said road, so as not to obstruct
the public highway. Said grantee, under
the direction of the county surveyor
shall so construct and maintain its line
and such transverse and lateral bitches
and waterways as not to prevent free
flow of the water from the public roads
and highways used and occupied thereby
And whenever the grantee herein shall
make cut in the construction of the
line it shall erect and maintain suit
able and proper guard to be approved by
the county surveyor sufficient to insure
the safety of those using the highways
for public travel Whenever said com
pany or it's agents shall remove snow
from its tracks with a snowplow OF
otherwise, it shall level and spread the
same SO that the highway may not be
INSTRUCTED thereby and so that the same
may not be hindrance to vehicles in
crossing said tracks or in passing along
the said highway.
Section 4. Whenever any portion OF
the road or highway comprised within
the route of said railway has been grad.
ed to an established grade at the time OF
laying such tracks thereon, such track
shall be laid so as to conform with such
established grade, and whenever any por-
ton of such road or highways shall not
have been graded to an established grade
at the time of laying of such track, such
track shall be laid so as to conform as
nearly as practicable to the surface OF
such roads and highways as then exist
provided, that whenever deemed neces-
sary for public safety or convenience by
the board of county commissioners, said
grantee shall upon demand of the coun-
as aforesaid. at the rate of four dollars
ty commissioners, and within reason
able time thereafter, not exceeding four
months, change the grade of any part
or portion of such tracks to such grade
as shall be required by such Board and
conform to such requirements as nearly
as possible, and shall, on request of said
board, change the location of any part
or portion of such tracks, to such other
portion of the highway as shall be desig-
mated by such board.
Section 5. That in case any portion
of the roads or highways shall, after lay
ing said tracks thereon, be macadamized
or otherwise improved by this board or
under its direction, said grantee or its
successors in interest, shall, upon the de-