The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-11-21

way company, its successors or assigns
AND. and repealing Ordinance No. 2isS
Mhereas. The Topeka Southwestern
clerk plat pian and I profis if of the city
c1aa 6 70 Re constructed by it through the
with the provisions Of Ordinance e Nc. gsss
been approved by the city engineer; ii and
Wlhereas. The mayor and council are
guarding the interests of the public prop
eT5y owners and others interested. Be
same by them; now therefore,
BE it ordained. by the mayor and
eoSuncil OF the city of Topeka:
SSeeGtlon l. That the right-of-way upon
y A sfan 20 C, construct, maintain and operate
tracks, ,turnouts. Switches and side o tracks i!i
nsdt 0H essential and necessary to the
p3any. and the accommodation of the pub
nc, ana the right to use and run it's en-
same. be and such risht-of-Way is rf Hereby Sty
Ef5r aiI, to The Topeka Southwestern
signs. through. across. upon and along
the avenues, streets and alleys of the
Sec. 2 The right-of-way hereby grant
f 9d 70 SAD company is and shall be as fol-
arV of fbe ntn % 1t POINT on the bound
81 BoIles avenue twenty-five feet north of
tn the north line of 21st street thence in an
70 me intersection of Fillmore and 21st
f0e caS a MfSf F@ ane stneetg
thence in an. easterIy direction on 2fst
avenue. and the west line of the fair
GROUNDS; thence through the fair grounds
and 21st streets: thence in a northea sterly
erection crossing Beacon street between
tbaSne o avenue and Van Buren, street,
1eth street and Kansas avenue, thence in
northerly direction paralleling the
way. crossing 18th and Quincy Streets,
h ta avenue i Monroe and 18th streets to
roe and the Atchison. Topeka & Santa F'e
rlghit7ot.way thence in northwesterIy di-
fecllon across Monroe and 18th streets to
an alley between Quincy and Monroe
stress eross oi thence in westerly direction
east line of Kansas avenue thence be-
ginning at the intersection of the above
descrlbed line and Quincy street and run
Monroe street to the Missouri Pacific Io6io
ton across the said Missouri uGi Pacific ahi
right-of-way to Monroe street; thence
of the Missouri Pacific Raiiwag COMPANY
heretobefore described, and across any
the line and route above Indicated
Provided that this grant of right-of-
express condition that before said Rail
way company shall occupy or use any por-
and before said right-of-way or any part
thereof shall vest in said Railway COM
Railway company shall file with the city
clerk a profile showing the grade and
the exact location and approximate width
of the right-of-way upon and across the
same within the limits of the city Of To-
peka. and procure the same to be approved
Topeka.
Sec g. Duration. The right-of-way here
bY granted and the use of the streets and
alleys. through. upon and along which the
same is hereby authorized, shall be, and
pany. its successors or assigns, so long
as the same shall be used as aforesaid for
that said right of-way is granted upon
the express condition that said railroad
shau pc bult and completed and in OPP
on or before April /. 1909, and if said rail-
h0a0 snail not be b9at and S4mPleted ahd
lease or otherwise, on or before April l,
to the city Of Topeka, and All rights and
privileges granted under this ordinance
sH Sec Ppes ana eo and AnT
pany or corporation which now has or
may hereafter obtain from the city of
pipes or eonduits for the transmission of
light. heat or power along the streets
right to enter upon the right-of-way here
in granted to said Railway company for
the purpose of laying such pipes or con-
Quits along or across such streets
aeys on Pr6Sgided such fe3pahy or Or cor
GRAFTON of said railway. and shall restore
the tracks, property and. right-of-way of
said company to as good condition as 1t
was when so entered upon by such COM
panY or corporation.
Sec 3. The said Railway company, its
successors or assigns shall construct and
maintain electric crossing signals at the
CROSSINGS of Lincoln street. Topeka avenue
and Kansas avenue and such other street
crossings as the mayor and council may
direct. also suitable crossings of its tracks.
side-tracks and switches at all street and
alley crossings. also proper culverts and
WATERWAYS along and across its tracks,
side-tracks and switches whenever and
wherever required by the city, and if any
paved. repaved or repaired, the said COM
pany shall at its own expense and in con-
formity with the plans adopted by the
space between the rails of its tracks and
also the space of three feet on the outside
of each rail. and the said paving, repay
ing, crossings, -culyerts and Water-ways
shall be so constructed and maintained
and repaired in accordance with plans
and specifications adopted by the mayor
and council and under the direction of the
city engineer of the city of Topeka: Pro-
be laid upon or along any avenue or street
hereinbefore mentioned. and further pro-
vided that travel shall not be stopped by
period of time than five minutes at
crossing of any street or alley within the
city of Topeka shall not be held liable for
street or alley. and said Railway company
shall save the city harmless from all costs,
damages and expenses OecaSioned thereby.
That the plat, plan and profile now on
file with the city clerk be and the same
are hereby approved upon the following
That the tracks of said Railway COM
pany shall be laid according to said plan
and profile under the direction of the city
engineer. and in such maner not to inn
pair the proper use of any street or alley
crossed by said tracks or any street or
alley which intersects such crossed
streets and alleys.
That said Railway company will at once
upon the construction of its roadhed at
its own expense, under the direction of
the city engineer, grade sufficient APP
and alleys crossed by it and in all streets
and alleys intersected by streets and
alleys crossed by it within three hundred
feet of such crossing, will at once upon
the construction of it's roadbed at its own
lsa.ra Of