The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-05-11
CIa SSffed
Legal Advertisements.
Series No. 2, Ordinance No. 100.
AN ORDINANCE

Granting to ": K. Hyer, Jr., J: M. MuI-
don and William Fisher, and Their As
SIGNS the Right Of Way, over, Along
ana Across Certain Streets If the City
or Pensacola, and Certain Rights In and
TO Certain Property in SAID CITY, and
D. the Water Front Thereof" c,.,.
Council of the City of Pensacola, Fla.
section l. That there be and is hereby
granted to W: K. Hyer, Jr.. J. NJ Null
signs. a right of-way for railroad ira cks
and the right to own, construct, main
tam, operate and run, by steam or cleo
thereon. over, along, across and through
the following manned streets, to-wit: Be
ginning where prolongation III straight
line of Olivia street would reach the
northern boundary of the city, and thence
southwark to, along and through SAID
tersection of Olivia street and Chipley
street, along Chipley street ana Hannah )
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
point ON Hannah,s Alley, in block fifty
seven or fifty-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
nah's Alley In block fifty-s@YGn or block
fifty-eight; from the track on Hannah's
Alley, at a point between D5NillierS
street and Coyle street 20 a point on
Reus street, between Garden street and
lntendencia street, and thence down Reus
street to the pier headline established 10y
the United States government
And the right to connect their lines on
Olivia street with the Pensacola and, Per-
dido railroad over and along and across
SUCH streets as may hereafter he selected
by the City Council and the grantees and
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
dinance. and the tracks shall he on a
grade not exceeding one per cent and
there shall be fourteen feet between CEN
The right of way herein granted for
railroad is intended to permit double
tracks on Olivia street and across Gar
den street to Hannahs Alley and along
lHannah's Alley to the depot site on
Spring street, and single tracks on all
other streets and to embrace the privi-
lege OF running spur tracks into the
yards, depots and warehouses of the
grantees and their assigns upon streets
struct tracks.
Before the curves from Chase and IN
tendencfa Istreet and Olivia street to
Hannah's Alley. and the curve from Han
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 to and approved by the city council.
Whenever the construction of the rail
road upon the streets prescribed in this
ordinance shall necesstate the making
of angles upon which it is impracticable
10 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-
vided that before said curves shall be
same shall be submitted to the City Coun-
Gil and approved by it.
Section 2. That there is hereby grant
TO hos 4
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 thereoa, as re-
CURED by the business of the sail road.
and unobstructed use by vessels using
docks, wharves, piers or warehouses; Of
said grantees, or their assigns, of all the
space now covered by water lying 10 the
westward and within 246 feet Of the east
line of DeVilliers 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 bordering on
Spring street, and lying between Garden
and Romano streets.
Section g. 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
shall conform to the grade as established
by the said grantees and shall De salts
factory to said grantees, and the samn
shall be furnished and maintained by
such railroad or railroads crossing said
track or tracks.
Section 4. Actual work on the main
line of said railroad to be constructed
between Pensacola and AndQlusla shah
be commenced within thirty days after
| the acceptance of this ordinance as here
! matter provided, and thereafter actively
and continuously prosecuted in good faith
! Failure to comply with this provision Of
| this section shall operate as a forfeiture
| of all the grants, property right and
/ privileges granted hereunder. The said
! railroad shall be constructed by as direct
a route from Andalusia. Ala, to Pensa-
! cola, Fla. as is convenient and practice
| able considering the topography of the
country. The work 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
substantial and permanent steel bridge
across EsCamhia river shall be COM
p!ctci Within twelve months from tie
} GATE 81 the commencement Of the work
as hereinafter provided; this time Limit
! to be subject only to such linavoitfa BILE
| delays, including condemnation proceed
! ings and proceedings to obtain the right
| to cross the L. e. y. railroad i'll order to
| get from the said Escambia river to the
! City OF Pensacola, as cannot directly o.
! indirectly be chargeable 10 any fault or
| neglect on the part of the grantees herein
or their assigns. This provision shall
| however, excuse Il delay only at the point
where condemnation proceedings or rro-
! Ceedings to obtain the right Of crossing
. the Louisville & Nashville railroad is
! necessary. and shall not excuse any fail
ure to construct within the tirle limit
/ stated above. all tracks, bridges, etc, at
all other points. Failure to comply with
/ this provision of this section shall oDeyat e
/ as forfeiture of all the grants property
! right and privileges granted hereunder
/ The entire road from Anialusia to the
depot site on the west side Of Spring
| street in the City of Pensa cola, Florida
shall he completed within two years from
{ the commencement of the work as here
/ iuhefore provided; this time limit to be
subject onl Sto such unavoidable de-
! lays, including condemnation proceed
| ings and proceedings to obtain the right
| to cross the l.. & y. Railroad IN order to
! get from the Fscambia river to the
/ City Of Pensacola, as cannot directly
I or indirectly he chargeable to any
/ fault or neglect, on the part of the
! grantees herein and their assigns: and
! a failure to complete the same within
! and failure Ia complete the same within
I the time shall operate as forfeiture of
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