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

require 10 be kept the same streets ad-
jacent to the parts occupied by said
tracks and shall construct and main
tain all necessary interseeting street
crossings over their said road-bed and
tracks, and whenever the City or abut-
ting property owners on any OF the
said streets shall improve, grade o.
pave any street or part of street, upon
which said grantee, its successor and
assigns, shall construct their said
tracks, OF any part thereof, the said
grantee, its successors and assigns,
shall at the same time, or upon notice
given by the proper City Authorities,
improve, grade or pave the space be-
tween their rails and tracks and for
eighteen (1S) inches on each side
thereof in the same manner and with
1 the same material as is used in i'm
proving, grading or paving the re :
mainder of said street, adjacent to the
said rails and tracks, and shall main
! tain the same in good order and con-
! 6ition to the satisfaction of the proper
City Authorities in accordance with
1.-THE terms Of the charter or ordinances
of the City of Pensacola.
| Section 3. All transfers heretofore o.
hereafter made to the said Pensacola,
| Alabama & Western Railroad Company
/ by H. L. COyington, a. Greenhut.. w. j.
/ Forbes, a. NJ. Avery, II. II. Boyer. W.
/ A. DAlemberte, Morris Bear and John
/ G Avery, of any grants, rights, priv
/ leges, powers, franchises or property
J ,
4 Of the City of Pensacola 10 them, their
associates and assigns, shall be and
are hereby approved and confirmed.
! Section 10. That the Mayor and
City Clerk are hereby authorized and
directed to convey to the grantee, its
| Successors and assigns, all the right,
title and interest of the City of Pca-
sacOla in and to all lots in the water
! front of the said City embraced in the
grant covered by this ordinance upon
J the payment by the said grantee, its
successors and assigns, on or before
March first (1st)s 1906, Of the sum OF
One Thousand Isl 100000 Dollars. The
/ said deed shall contain a condition
/ that the title of said water front shall
revert to the City of Pensacola if the
main line Of the said road shall not
/ be built from Memphis to Pensacola
within -Four "a years from March
first (1st) 1906.
Section II. All ordinances and parts
of ordinances granting to any person,
persons or corporations any Of the
iiOregoing rights, privileges, powers.
/ franchises or property shall be and
they are hereby repealed.
/ ~
sor and assigns, shall be allowed
twenty 900 days from the passing OF
| this ordinance within which to file a
written acceptance of same in the
/ Office of the Clerk of the City of Pen
sacola. If said acceptance is not filed
with the said City Clerk within said
time all the grants, rights, and privi-
! leges granted by this ordinance shall
terminate and the said grantee, its
successors and assigns, shall cease to
/ have any further interest or rights
therein.
Section Is. Nothing herein shall be
construed as the assertion, or claim,
by the City of Pensacola, of title, or
claim, to any part of the property
mentioned and described, or referred
to, in the decree of the Circuit Court
of Escambia County, Florida signed
by Hon. Francis B. Carter. Judge, on
the 31st day of July, 1905, in the cause
1 pending in said Court wherein James
4 s. Heron is the complainant and the
! City of Pensacola and e. D. Beggs,
| BOykin Jones and G. NJ. Coston. Wa
Ter Front Commissioners, are defend
| ants, or as the assertion of claim of
title, or claim by the City of Pensaco-
la to any part of the property men,
toned and described or referred to, in
\ the decree of the Circuit Court of
Escambia County, Florida, signed by
Hon. Francis B. Carter, Judge, on the
S1st day of July, 1905, in the cause
pending in said Court wherein James
Mccullough, ]. J. Sullivan and NJ. A:
4 Quina are the compliments and the
\ City of Pensacola is the defendant.
1 Passed August It'll, 1905.
i Approved August 10th, 1905.
i CHAS. IL. BLISS,
! Attest: Mayor of Pensacola.
B. S. BERNARD, Clerk.