The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-05-18

LEGAL NOTICE.
Series No. 2, Ordinance No. 100.
AN ORDINANCE

| " NcTIdin properly In Sdld ClrEy ana
the Water Front Thereof"
Be 1t Ordained by the. Mayor and City
SSoutn1cn Of the City of Pensacola, Fla. :
granted to W. K. Hyer. Jr, j. NJ. Null
don and William Fisher, and their as
signs, right-of-way for railroad tracks,
tain, operate and run, by steam or cleo
trlclty, locomotives, engines and cars
| thereon, over. along, across and through
ginning where prolongation in Il straight
me or olivia street would reach the
northern boundary of the city, and thence
southwark to. along and through said
street to Main street; also from the in
tersection of Olivia street and Chipley
Alley eastward to Spring street; also
from point on the track on Olivia street,
at or near the intersection Of Chase
street to and across Garden street to a
point on Hannah's Alley, in block fifty
seven or hfty-eight, connecting with the
track on said Alley. also from a'point on
the track on Olivia street at or near the
intersection of Intendencia stree. to and
across Romano street to a point on Han
ntty-elght; from the track on Hannah's
Alley, at a point between DeFilliers
street and Coyle street 20 point on
Reus street, between Garden street and
Intendencia street, and thence down Reus
street to the pier headline established 10y
the United States government
Olivia street with the Pensacola and Per-
dido railroad over and along and across
such streets as may hereafter be selected
by the City Council and the grantees and
their assigns. The tracks on Olivia
street shall be constructed either east or
west of the center line of said street as
said grantees shall elect at the time of
the filing of their acceptance of this or
dnance, and the tracks shall be on a
there shall be fourteen feet between CEN
tiers Of said track.
The right Of way herein granted for a
railroad is intended to permit double
tracks on Olivia street and across Gar
den street to Hannah's Alley and along
Hannah,s Alley to the, depot site on
Spring street, and single tracks on all
other streets and to embrace the privi
Iege OF running spur tracks into the
grantees and their assigns upon streets
along which they are authorized to con-
struct tracks.
Before the curves from Chase and In
tendencia istreet and Olivia street to
Hannah's Alley, and the curve from Ham
nah,s Alley to Reus street shall be built,
plat thereof, showing the location OF
all said tracks. and the manner of con-
struction, shall be made by the said
grantees and their assigns, and submit
ted d,, to and approved by the city council.
whenever the construction of the rail-
road upon the streets prescribed In this
ordinance shall necessitate the making
OF angles upon which it is impracticable
70 construct tracks and operate trains
thereon, the said grantees and their as
signs are hereby granted the right to
construct the said lines, so as to make
the necessary and practicable curves, and
to that end to cross such streets not
named herein as shall be necessary. pro-
vtded that before said curves shall be
constructed. maps or plats showing
same shall be submitted to the City Coun-
Gil and approved by it,
Section 2. That there is hereby grant
all the right. title and interest of the city
IN and to the space between the shore
line on the north and the pier head line
established by the United States Govern
ment on the south and between BARGE
iona street on the east and DeVilliers
street on the west, for the purpose of the
construction of piers and warehouses.
and the running of tracks thereon. as re-
CURED by the business of the saia road.
And IL Is hereby granted to the grantees.
ana their assigns, the right to the free
and unrestricted use by vessels using
said grantees. or their assigns, IF all the
space now covered by water lying 10 the
westward and within 245 feet Of the east
line of DeViliers street. The grant
hereby made and the rights hereby con-
ferred are subject to the provisions of
the Legislature granting said space to
There is also granted hereby to the
said grantees and their assigns, for depot
and terminal purposes, all the land owned
by the city west of and bord ering on
Spring street, and lying between Garden
and Romano streets.
Section 8. The right is reserved to the
City to grant the privilege to other rail-
roads to cross any track laid on the
streets hereby granted, but said crossing
Sildl GplloEiu " the ETdue as ESTABLISHED
by the said grantees and shall he salts
factory to said grantees, and the Same
shall be furnished and maintained by
such railroad or railroads crossing said
track or tracks.
Section T. Actual work on the main
line of said railroad to be constructed
between Pensacola and AndaIusia shall
be commenced within thirty days after
the acceptance of this ordinance as here
matter provided, and thereafter actively
and continuously prosecuted in good faith.
F1tl1Ira eio -
this section shall operate as a forfeiture
of all the grants, property right and
railroad shall be constructed by as direct
a route from Andalusia, Ala, to Pensa-
cola, Fla, as is convenient and practic-
able considering the topography of the
country. The work on the spur tracks
and wharf tracks shall be completed from
time to time. as the necessities Of the
grading, the railroad bed to be used by
the said railroad from the northern
boundary of the City. of Pensacola on the
point on the west side of Escambia river
at which it is intended for the said rail-
road to cross said Escambia river and
also all of the actual work of building a
across Escambia river shall be com
pleted Within twelve months from the
as hereinafter provided; this time limit
to be subject only to such linavoi,iable
delays, including condemnation proceed
to cross the L. & r. railroad in nry,s rig az
get from the said Escambia river to the
City of Pensacola. as cannot directly ~
indirectly be chargeable to any fault or
neglect on the part of the grantees herein
or their assigns. This provision shall
however, excuse a delay only at the roirt
where condemnation proceedings or no
ceedinES to obtain the right of crOsSinp
the Louisville & Nashville railroad i
necessary. and shall not excuse any fail
ure to construct within the time limit
stated above, all tracks, bridges, etc. at
all other points. Failure to comply with
this provision Of this section shall oDeTa re-
as Il forfeiture of all the grants pronertv
right and privileges granted hereunder
The entire road from Andausia to the
depot site on the west side of Snrinry
street in the City of Peusa cola Florida
shall he completed within two wears from
the commencement OF the work. as here
inbefore provided; this time limit 10 he
subject onl yto such unavoidable de-
lays, including condemnation proceed
ings and proceedings to obtain the right
to cross the L. & N Railroad IN order 10
get from the Escambia river TO the
City of Pensacola, as cannot directly
or indirectly be chargeable to anv
fault or neglect, on the part of the
grantees herein and their assigns; and
a failure to complete the same within
and a failure TO complete the same within
the time shall operate as forfeiture OF
all the property rights, grants and priv
ileges granted under this an -hise. end
the said grantees and their Il -~..rr,. shall
Immediately after the comp.etlnn 80 aid
road as herein provided operate Il first
class daily freight and passenger service