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

lied herein by the grantees and their as
beore the the lt dss of
1913, all privileges shall cease also as to
any street wharf or other property; II
the said grantees and their assigns shall
discontinue the use thereof for twelve
consecutive months, after having made
use of said street, wharf or other prop
dinance.
Section 5. Nothing in this ordinance
shall be construed as to permit the
construction of any tracks other Struc-
lures upon any land held under and valid
lease, or other title, by any person or
persons other than the said grantees and
their assigns, from the City until the ter
minatfon of such lease, or other title, or
the same shall have been acquired by the
said grantee, and their assigns, by pur-
chase or otherwise
Section 6. That the City of Pensacola
in granting the rights, privileges and
franchises herein mentioned, shall be held
grant, and not as warranting the same or
subJecting itself to any damage or liza
bility whatever that may. occur by reason
of granting the sam me, and the said grant
ees and their assigns, by accepting the
franchise granted by this ordinance, shall
thereby bind themselves to release the
City of Pensacola from any liability for
any damages to them whatever occasion
ed or arising by reason of the adoption
exercise or enjoyment i of # any rights, priv i've
ileges, franchises which are hereby
granted; and they shall bind themselves
10 1adem anH tn eGity of Pensa6oia
may be subjected thereby.
Section Z. The tracks of the said rail-
road in all the streets above mentioned
shall be laid and maintained upon the
grade designated by the city authorities
prior to the construction of the said road
bed, said grantees and their assigns shall
nave the right to conform as nearly as
practicable to the natural grade of the
land; but in all cases the railroad bed and
tracks shall be made to conform to the
grade from time to time thereafter es-
tablished by the city authorities, and
upon all the streets mentioned said tracks
shall be laid and maintained so as to adj
NIT OF the free and easy passage of
vehicles along and across said streets.
Section s. That the said grantees and
thcir assigns shall keep and maintain the
cen inches on either side thereof in the
same condition as the city shall keep or
require to be kept the same streets ad
tracks, and shall construct and maintain
all necessary intersecting street cross
tngs over their said railroad bed and
tracks, and whenever the city or abutting
property owners or any part of the said
streets shall improve or grade or pave
any street or part of street, upon which
said grantees and their assigns shall con-
struct their said tracks, or any part
thereof, the said grantees and their as
notice given by the proper authorities,
improve, grade or pave the space between
the rails and tracks, and for eighteen
inches on either side thereof in the same
manner and with the same material as Is
used in improving. grading or paving the
remainder Of said street adjacent to the
rails or tracks, and shall maintain the
same in good order and condition to the
satisfaction of the proper city authorities
In accordance with the terms of the char
ter or ordinances of the City of Pensacola
Section g.. And whenever said grant
ees, or their assigns, shall make any
excavations exceeding ten (10) feet in
depth. for the grading, of the road bed.
the entertainments shall be protected by
brick, stone concrete retaining walls
and they shall. at or before the time the
construction of the main line of railroad
from Andalusia to Pensacola is COM
pleted, construct good and substantial
viaducts Of brick, stone or iron, or con-
crete, for the use of vehicles and pedes
trians, over and across such excavations
at the intersections of the following
named streets: Blount and Lloyd streets,
or other such two streets as may be or
dered by the council
And the said grantees and their assigns
shall construct or maintain their tracks
so as not to impair, impede or interfere
with the free and proper use of the
streets across which they are author
lied to be. constructed. This provision,
however. shall not be construed to re-
grade up any street to the level of any
fill made by them.
Section 10. That the said grantees and
their assigns shall within one year after
the completion of the main line of rail-
road from Andalusia to Pensacola con-
struct and equip a modern passenger de-
pot building upon the site on the west
side of Spring street in the City of PEN
sacola, Fla, which shall be known as a
union depot, and the council shall have
the right to authorize other railroad
companies to enter and use said denot
for the accommodation of their passen-
ger traffic, for a reasonable compensa-
ton based upon the cost of the construc-
ton and maintenance of said building
and upon terms and conditions to be
agreed upon by said grantees, and such
other companies, or in the event of their
failure to agree, to be determined by ar
bitration and approved by the council.
Section II. That the mayor and city
clerk are hereby authorized and directed
to convey to the grantees and their as
signs all the right, title and interest of
the City of Pensacola in and to all lots in
the water front of the said city embraced
in the grant covered by this ordinance
upon the payment by the said grantees
and their assigns on or before December
l. 1910. of the sum of three hundred dol
lars $4,000 and upon payment by them to
the said city on or before the said date of
the sum of two hundred dollars $4,000,
with satisfactory proof that the actual
construction of the main line of said rail-
road had been commenced, as herein
before required. to make a deed to them
and their assigns of the property herein
before described on Spring street between
Garden and Romano streets. Ths said
deed shall contain conditions tbA the
title of said property shall revert back