The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-02-23

LEGAL NOTICE.

-
The said grantees and their assigns
agree 20 occupy one-haH OF the streets
not now under water for the purpose
lay of December. 1914. and the othe-
arst day Of December. 1915: under tn
ne-haif Of such streets shall not be
coupled by December 1. 1914. all privii
eyes hereby granted shall cease a. to any
such streets net otx 50 occu a and fns BY
not be 30 occupied. all privileges herein
granted shall cease as to any such sect
not 30 occupied. And said privileges shall
cease also as to any street. wharf or other
property II the said grantees and their
assigns shall discontinue the use thereof
Tor twelve CID consecutive months after
having made use Of said street. wharf or
this ordinance.
Sec. 5. Nothing in this ordinance shall
any tracks or other structure upon any
land held under any valid lease or other
title, BY any person or persons other than
the said grantees. or their assigns, from
the City until the termination OF such
lease or other title or the same shall have
been acquired by the said grantees or their
ass'gns by purchase OF otherwise.
granting the rights. privileges and fran
chises herein mentioned, shall be held
only to grant such as It has power to
subJecting itself to any damage or liability
whatever, that may occur by reason OF
granting the same, and the sad grantees
and srsl their assigns by accepting the fra an
thereby bind themselves to release the
City Of Pensacola from any liability for
any damage to them whatever, occasioned
this Ordinance, or BY reason q the exer-
else or enjoyment of any right. privileges.
or franchises. which are hereby granted.
and they shall bind themselves to indem-
nifty the CITY Of Pensacola against any
and all liability to which 1t may be SUBJ
3ected thereby.
Sec. T. The tracks Of the said railroad
In all Of the streets above mentioned shall
DESIGNATED by the City authorities. ex-
cert that where no grade therefor shall
have been established by the City. au-
thcrities prior to the construction Of the
said roadbed, said grantees and their as
signs shall have the right to conform a.
nearly as practicable to the natural grade
Of the land. but In all cases the railroad
to the grade from time to time thereafter
established therefor. by the City authors
ties, and upon all of the streets men
tanned so as to admit Of the free and
easy passage Of all vehicles along and
across said streets.
Sec. 8. That the said grantees and
street between its tracks iu 1 and for eighteen
inches on either side thereof, In the same
condition as the City shall keep or require
to be kept the same streets adjacent
to the parts occupied by said tracks. and
shall construct and maintain all necessary
said roadbed and tracks. And. whenever
any part Of the said streets shall improve
street upon which said grantees and their
assigns shall construct their said tracks.
n he v4fn nd
their assigns shall at the same time, or
upon notice given by the proper authori-
the rails and Or the and
eighteen inches on either side thereof. in
the same manner and with the same ma
tsr ,,,n. 2; -, Is used IN improving grading Or
jacent to the rails and tracks. and shall
maintairt the same In good order and con-
dition to the satisfaction of the proper
City authorities in accordance with the
terms Of the charter or ordinance Of the
City OF Pensacola And wherever any
OF the tracks constructed by the said
constructed along or across any street or
streets: or parts thereof. that are at the
time Of such construction naved the said
s ;. saa
In amount to the cost Of grading and
raving SO much Of said street az shall
lie between the rails and for eighteen ds,
inches on each side thereof. said amounts
to be determined and certified by the
Board Of Bond Trustees. and said gran
tees shall at their own expense relay and
the rails and for at least eighteen (1so In
ches on either side thereof. and 30 much
more thereof as may be damaged or dis
IN ns TO Of 1ne work 9hs
established gsr1e, making the needed re-
pairs Wits like material used In said paw
ing. and shall construct the necessary
storm water inlets and drains and con-
meet to the storm water sewer, all to the
safi.faction OF the Board OF Public
sec. .. And the said grantees and
their assigns shall construct and maintain
their tracks 30 AZ not to impair. impede
or interfere with the free and proper use
e s te 5. ws sy
Ion. however. shall not be construed to
require the grantees or their assigns to
grade up any street to the level Of the
All made by them.
their ASSIGNS shall within one year after
the completion Of at least ninety miles Of
railroad from Pensacola Northerly, con-
aepot bnn seu non the s 2s
side of Srring street in the City Of PEN
sacola, Florida. which shall he known as
Union Depot. and the Council shall
road companies to enter over the
tracks Of said grantees and use the
said depot for the accommodation Of their
pensa ton to this grantee, based upon the
cost of the construction and maintenance
Of the said building. and upon Its reason
terms and conditions to be agreed upon
by the said grantees and such Companies.
Or. in the event OF their failure to agree,
10 be determined by arbitration, and ap-
proved by the Council. failure to con-
struct and occupy such passenger depot
within 30 months after the date Of ac-
ceptance Of this ordinance, or a failure
for six consecutive months to use such
building as a passenger depot, shall work
a forfeiture Of the title Of grantee herein
Of and to the said property granted for
such depot purposes.
Sec. IL. That the Mavor and City
Council are hereby authorized and dirert-
ed to convey to the grantees, and their
assigns. all the right. title and interest of
the City of Pensacola in and to all the
lots In the Water Front Of the said Cit,
embraced in the grant covered by this
ordinance Except the property In the
Water Front between DeViliiers street on
the east and the Dunwody-Aiken Tow
Bnat Companv's wharf on Coyle street on
the west). upon the payment by the said
grantees and their assigns to the said
City. on or before Decemher L 1911 Of
three hundred ($30o. 0o0) dollars. and when
the grantees ana their ASSIGNS have fur
nished to the City Council satisfactory
proof that the actual construction of the
main line OF the said railroad shall be
commenced as hereinbefore required, and
to make deed to them and their assigns
for the said property And upon the ray
ment by the grantees and their assigns