The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-18

ern Railway Company, IT'S successors OF |
assigns. through the City OF Topeka, |
Be It ordained by the Mayor and Council
men of the City of Topeka.
| Section l. That the right of way upon
/ which to construct, maintain and opeT-
/ tracks turnouts switches and sidetracks
i as shall be essential and necessary to the
| transaction of the business of said COM
pany, and the accommodation of the pub
| lie, and the right to use and run its engines
motors cars and trains upon the SANE +rs7t ps
! to The Topeka-Southwestern RaliWay
Company, its successors or assigns,
nues, streets and alleys of the city OF 10
peka, hereinafter provided.
Sec. 2. The right of way hereby grained
to said, company is and shall be, as fol
| lows: Beginning at a point on the boun-
ofE go HI Se6 6s oF fe north
| the north line of 21st street, thence IN an
easterly direction paralsiing zlsd stre SET
! streets. crossing West, Lane. Lincoln, Bu-
chanan, Clay and Fillmore streets; thence
| the intersection of 21st and Union avenue.
and the west line of the fair grounds;
thence crossing Topeka avenue. between
| erly direction crossing Beacon street pc
tween Topeka avenue var and R, nan street
Goth street and Kansas avenue, thence
| in: a northerly direction paraleling the
/ Atchison, Topeka & Santa F'e right OF
| way, crossing 18TH Euclid avenue, lStn
| and Monroe streets to the north me OF
1
1 ison, Topeka and Santa Fe right of way,
1 thence IN a northwesterly directlon across
| Monroe and 18th streets to an alley be-
| tween Quincy and Monroe streets; thence
| in a westerly direction across quincy,
| Kansas avenue, thence beginning at the
| intersection of the above described line
and Quincy street and running In north n
| the Missouri Pacific right of way, thence
paralleling the said Missouri Pacific right
! OF way to 18th street, crossing 18th street;
| thence from 18th street in a Southerly di-
rection paralleling the said Missouri Pa
1 the Atchison, Topeka &c Santa Fe right
| of way and the right of way of The TOpe-
ka-Southwestern Railway Company here
tofore described, and across any and all
| streets and alleys intersected by the line
and route above indicated: - 20
| way and privileges hereunder is upon the
| express condition that before said Rail-
! portion of the right of way herein grant
| ed and before said right of way or any
company, the said The Topeka-South-
| western Railway Company shall file with
a ahe c Elevation alton OF the tracks and plat
! showing the exact location and approx
mate width of the right Of way upon ana
pied by the same within the limits of the
| city of Topeka, and procure approval OF
city Of Topeka
1 Section g. Duration: The right of way
and alleys, through, upon and along
| which the same is hereby authorized,
shall be, and remain and vest in the said
| signs, so long as the same shall be used
as aforesaid for the purpose Of said rail
road: Provided that said right of way Is
/ granted upon the express condition that
| said railroad shall be built and completed
| otherwise, on or before April 1. 1909, and
y If said railroad shall not be built and
hy an lease N dr on or be-
fore April 1, 1909, then said right of way
shall revert TO the city of Topeka, and an an
! ordinance shall absolutely cease and term
mate.
pany or corporation which now has or
| may hereafter obtain from the city of To-
peka the right to ray water or gas pipes
| or conduits for the transmission of light,
4 heat or power along the streets ana at
| ed to said railway company for the pur-
pose OF laying sue db Pipes st or or sfeVs
| Provided, such company or corporation
shall not interfere with the operation OF
/ said railway, and shall restore the tracks
property and right of way of said com
| pany to as good condition as it was when
| SO entered upon by such company or cor
| Sec 5. The said Railway Company, its
successors or assigns. shan cons1ruct t tha
| maintain electric crossing signals at the
| crossings of Lincoln street. Topeka ave
nue. and Kansas avenue, and such other
street crossings as the mayor and councll
may direct; also suitable crossings OF us
/ tracks, sidetracks and switches at all
street and alley crossings, also proper
cuiverts and waterways along and across
it's tracks. sidetracks and switches when
ever and wherever required by the city;
and If any of said streets alleys shall
be ordered paved repaved or repaired, the
said company shall at it's own expense
by the city council, pave, repave or re
pair the space between the rails or its
on the outside of each rail, and the said
paving, repaving, crossings, culverts and
tanned and repaired in accordance with
the plans and specifications adopted by
the mayor and council and under the d.
rection of the city engineer of the city Of
Topeka; provided, that no more than two
tracks shall Street be ia hRoa mgnf ay
and further provided that travel shall not
stopped by the cars + Of SAID said f G9nPany
utes at crossing of any street or alley
within the city limits; PIo s furt bsid
liable for damages for any change of
grade of any street or alley, and where
necessary to lay the tracks Si above y. or be-
alley, the same shall be laid in accord
ance with plans and profile ap-
Council under the direction of the city
engineer, in such manner as not to i'm
nair the proper use of said street or alley
p and the said company shall pay all dam
ages and expenses occasioned thereby, and
to its said tracks; and provided, further,
that nothing in this ordinance shall be
construed TO pass from the CAly AuAA 1lAO
complete control over the streets, avenues
and alleys in which said tracks may be
laid but its control is to be full and
complete, over the same as if this grant
had not been made.
| Sec. 6, Save Harmless. The said The
Topeka-Sou Railway Company,
It's successors or assigns, shall save the
said city of Topeka harmless from all
costs damages and expenses for the pay
ment of which the said city may become
liable to any person persons or corpor-
4 alton or by reason of the construction or
operation of said railroad by means of the
granting of the said right of way to the
j said Railway Company, or by reason of
said Railway Company's failing to con-