Cañon City record., 1911-10-12
ORDINANCE NO.
-.

j.
AN ORDINANCE CHANTING TO
FREDERICK L. KELSEY AND
| FREDERICK B. STREET, THEIR
| HEIRS SUCCESSORS AND AS
SIGNS, CERTAIN RIGHTS OF
WAY AND PRIVILEGES AT THE
| TOP OR SUMMIT OF THE ROY.
/, AL GORGE, so CALLED.
BE 1T ORDAINED Ry the City
Council Of the City of Canon city,
Colorado:
Section 1 That, subject to the
reservations hereinafter expressed.
there be and hereby is, granted to
Frederick T. Kelsey and Frederick B.
Street, their heirs. successors and
! assigns, hereinafter called the
| grantees" all rights of way. ease
ments and privileges over upon.
along sud across any properly OF the
City Of Canon City, located at and
| near the top or summit of the Royal
Gorge. so called. necessary, suitable
and appropriate to construct, operate
and maintain thereon, a terminal of
the railway line to be built by
said grantees from the City of Can
on City to the said top or summit of
said Royal Gorge, together with ALI
necessary tracks. turn-outs. turn
tables. switches. appliances, appara-
tus, machinery. buildings, power
houses, and other things necessary
and suitable for a terminal of such
a railway line; provided that said
terminal Facilities and said terminal,
including In this proviso all things
in this section mentioned. shall NOT
be located within two hundred (2OOl
feet OF any point of the brink or rim
OF the Royal Gorge, except that said
grantees shall be allowed to con-
struct their railroad to, across and
Tor distance OF one hundred (1OO)
| feet from the south side of the Gorge
or side canyon located about two
| hundred and fifty (250) feet west of
the present picnic grounds at the top
or summit Of said Royal Gorge. and
shall not Interfere with any buildings
or improvements of the City of Can
on City now or hereafter TO be con-
structed; that said City shall not in
terfere with anv OF said terminal "a
cilities OF terminal by afterwards
constructing buildings. or making
/ improvements that would so affect
anything then constructed by said
grantees under this section
Section 2 That. subject to the
reservations hereinafter expressed.
there be and hereby is granted to
said grantees, all rights of way,
easements and privileges. necessary,
| suitable or appropriate to erect on
| the land owned. or hereafter to be
owned. by said City of Canon City. at
or near the top OF the Royal Gorge.
so called. a hotel; said hotel to be
| first-class in all respects: provided.
however. that no hotel shall be con-
structed at any time by said grantees.
without first procuring from the City
Council of Canon City. and fling
with the City Clerk of said City. the
written consent of the said City
Council. evidenced by duly adopted
ordinance. TO the proposed location
OF said hotel at or near the top or
summit of said Royal Gorge. and to
the exact area of land proposed to be
used for the purposes of said hotel: /:
and. provided further that nothing
herein contained shall be construed
to give snid grantees any exclusive
hotel privileges at the summit of the
Royal Gorge. or any exclusive privi-
leges at all The site Of said proposed
hotel and the said area of land are ex-
pressiy left 10 the final Judgment and
discretion of said City Council.
Section S.-That there be. and
hereby IS. granted 70 said grantees.
all rights OF way. easements and
| privileges over. upon. along and
/ across the rrorerty owned or to be
owned. by the City OF Canon City. at
or near the top or summit Of said
Royal Gorge. necessary. suitable or
Appropriate to develop In any fitting
and suitable manner. and with any
| suitable building or buildings. a park.
or place or places of public amuse-
i ment or recreation. at or near the
/ terminal of the railway line propos-
ed to be built by said grantees to the
summit Of the said Royal Gorge. Pro-
vided. however. that the grant in this
section contained shall not become
operative until the nature. location
and extent OF said park and of such
place or places OF amusement or
buildings. shall first be approved by
the City Council Of Canon City. The
sites OF said park. building or
buildings. or place or places OF
amusement. are expressly left TO the
final Judgment and discretion Of said
City Council: and all rights of way,
easements and privileges herein
granted shall not he located within
two hundred t2o0) feet OF any point
OF the brink or rim OF the Royal
Gorge.
Section T. That there be. and here
by is. granted to said grantees all
rights OF way. easements and privi-
leges. over. upon, along, across and
under any property now owned. OF
which hereafter may be owned. by
the City OF Canon City at the top oi
summit of the Royal Gorge. neces'
sary, suitable or appropriate for the
furnishing or supplying of any water
which may become necessary or de
sirable In the use or development O
the rights and privileges granted b,
Sections /. and hereof: but nS
rights are granted under this Section
within two hundred fs00) feet OF an,