The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-22

named herein as may be necessary:
provided that before such curves snaii
be constructed maps or piats showing
same shall be submitted TO, the Clty
Council and approved Dy IL
The east side of Olivia Street Is re-
served for a grant made concurrent
herewith TO The Pensacola & North
eastern Railroad Company, its success
sors and assigns.
Section 2. That there is hereby
granted to the said grantee, It's sue
cessors and assigns. all the right, Title
and interest, of the City IN ana TO the
SPACE between the shore line on the
north and the pier head line estaD-
liShed by the United States Govern
ment in the water front Of said City
and between De Villiers Street on the
east and South Olivia Street on the
west for the purpose OF the construe'
ton of piers and warehouses ana the
running Of tracks thereon, and also
the right to build wharyes on DIVA
Donelson and Coyle Streets and 10 lay
tracks thereon as required by the busi'
ness of said road. The grant hereby
made anu the right hereby conferred
are subject to me provisions OF the
act of the Legislature of the State oil
Florida, granting said space to the
City of Pensacola.
There is also granted to said gran
tee, it's successors and assigns, the
right TO acquire from the Pensacola d
Northeastern Railroad Company, its
successors ami assigns, one-half (1a }
interest in the land on Spring street be
tween Garden and Romano Streets,
granted by the City OF Pensacola to f.
c. Brent, c. VI. Covington, and their
associates and assigns, and by them
assigned and transferred to the said
Pensacola & Northeastern Railroad
Company, for depot and terminal pur-
poses and to use the said ground for
said purposes; or to acquire from said
Pensacola & Northeastern Railroad
Company, it's successors and assigns,
the right to use for said purposes
such ground Jointly with said Pensa-
cola & Northeastern Railroad Com
pany, its successors or assigns, upon
! terms to be agreed upon by the gran
tee herein, its successors or assigns,
and said Pensacola & Northeastern
Railroad Company, its successors or
assigns.
Section 3. The right is reserved to
the City to grant the privilege to other
railroads to cross any track LAID on
the streets hereby granted and to pass
and enforce such reasonable regula.
tons and requirements as to the man.
ner of operating the railroad upon any
OF the streets or Wharyes and the 10
cation and number Except as herein
otherwise provided) of tracks thereon
as it may deem necessary and proper
Section T. Work on the main line
shall be commenced before the first
| (1sD day of March, 1905. Failure to
comply with this provision of this sec.
ton shall operate as a forfeiture of all
the grants, rights and privileges grant
/ ed hereunder. The work on the spur
tracks and wharf tracks shall be com.
| pleted from time to time as the neces-
sites of business require. The rOad
shall be built from Pensacola in a
northerly or northwesterly direction to
point not less than sixty (60) miles
from Pensacola before the first Qst)
day of March, 1907, and shall reach a
| point at least one hundred and fifty
| (150) miles distant in a northerly or
northwesterly direction from the City
of Pensacola before the first 1st) day
of September, 1908. Failure 10 com
piete, within the time aforesaid, the
! construction of the said road to eithe!
of the two 90 points thus named
l-shall operate as a forfeiture of all the
rights, grants and privileges granted
| under this franchise. If any street
not now under water, shall not be oc
| cupied for the purpose authorized
| herein by the grantee, its successors
| or assigns, under the privileges here
| in conferred before the first Qst) day
CT September, 1909, all privileges
herein granted shall cease as to any
such street, and said privileges shall
| cease also as to any street, wharf OF
other property if the railroad com
pany shall discontinue the use thereof
for twelve (12) consecutive months
after having made use of said street
wharf or other property in the man
ner provided by this ordinance.
Section 5. Nothing in this ordinance
! shall be construed to permit the con
struction of any tracks or other struc
/ lures upon any land held under any
valid lease or other title by any per
son or persons other than the said
grantee, it's successors or assigns
from the City until the termination Of
such lease or other title or the same
shall have been acquired by the SAID
/ grantee, its successors or assigns, BY
| purchase or otherwise
! Section 6. That the City OF Pensa
cola in granting the rights, privileges
and franchises herein mentioned shall
be held only to grant such as it has
the power to grant and not as warrant
ing the same or subjecting itself t.
any damage or liability whatever thai
may occur by reason Of granting the
same, and the said grantee, it's sue
cessors and assigns, by accepting the
| franchise granted by this ordinance
shall thereby bind themselves to re
lease the City of Pensacola from any
| liability for any damages to then
whatever occasiOned or arising BY
reason of the adoption of this ordi
nance or by reason of the exercise OF
enjoyment of any rights, privileges
and franchises which are hereby
| granted, and they shall thereby binC
themselves to indemnify the City o.
Pensacola against any and all liability
/ to which 1t may be subjected thereby
/ Section z The tracks of the safe