The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-01-20
LEGAL NOTICE.

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and such other purposes as may be re-
qulred by said Railroad.
The grant hereby made and the rights
visions Of the Act Of the Ies shs Rup
granting said space TO the City of PEN
sacoia, and TO the conditions hereinafter
provided.
There is also hereby granted to the said
grantee, its successors and assigns all
the right. title and interest Of the City Of
pensacola n and TO the space between
the shore line on the North and the
property. OF the Pensacola, Mobile and
New Orleans Railroad Company on the
South West. and DIVA Street on the
East, ksaid space forming triangle with
the apex-on Olivia street, for the purpose
cilities and warehouses and the running
OF tracks thereon, and for such other
purposes as may be required for the
business Of the said Railroad; but this
grant Of the space between the shore line
on the North and DIVA street on the
East and the Pensacola, Mobile and New
the South West, is conditioned upon the
construction by the grantees, its successors
or assigns, by December LIST, 1915, of
. railroad extending from Pensacola to
Memphis In the State of Tennessee, aud
the construction by the grantee, its sue
cesSOrs or assigns. of warehouses upon
the said space. within i've years from the
approval OF this ordinance to cost not
less than one hundred thousand dollars.
The grants of property in the Water
Front hereby made and the rights-in such
property hereby conferred are subject to
! the provisions OF the Act OF the Legis-
lature granting such space to the City Of
Pensacola.
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 and to pass and
enforce such reasonable regulations and
requirements as to the grade. construc-
ton and maintenance of the tracks and
manner of operating the railroad upon
any Of the streets or w'harves. and the
otherwise provided.) of tracks thereon as
it may deem necessary and proper
Section 1 The actual work of con-
STRUGGLING the main line OF the said Rail-
road TO be constructed from Pensacola
( TO Memphis shall be commenced at PEN
sacola within six months after the ac-
ceptance of this ordinance as herein pro-
vided, and thereafter actively prosecuted
in good faith to completion within the
with the provisions of this Section shall
operate as forfeiture Of all the grants.
property, rights and privileges herein
granted. The work on the spur tracks
to time as the necessities OF the business
require At least fifty miles of the said
Road shall be completed within six
months from the time of the commence
Inent Of the work as herein provided, and
the road shall be completed from .Pensa-
cola to Meridian, Mississippi, within two
commencing work, and the said Road
shall be completed to Memphis, Tennes-
see, by December 1, 1915. The said
grantee, its successors and assigns, shall
Immediately upon the completion Of the
said fifty miles operate q first class daily
freight and passenger train over said line
to Pensacola, and failure to complete said
fifty miles or to complete the road from
Pensacola to Meridian, Mississippi and
to Memphis, Tennessee, wittiR the re-
spective times or to operate a freight and
0ASSenRHT service af0FaCQ
operate as a forfeiture of all the property,
rights, grants and privileges hereby
granted in this ordinance. The said gran
tee. its successors and assigns, agree to
occupy one-han of the streets not now
under water for the purpose herein
granted before the 1st day of December,
1913. and the other half of said streets
before the 1st day D. December, 1914,
under the privileges herein granted.
If, however, one<half of said streets
shall not be occupied by December Ist
1913, all privileges hereby granted shall
cease as to any such street not so oc-
cupieds and II by December LIST. 1914. All
of such streets shall not be so occupied
all privileges herein granted shall cease
as to any such street not 50 occupied and
said privileges shall cease also as to any
such street. wharf or other pfoperty If
the said grantee. its successors or as
signs shall discontinue the use thereof for
twelve consecutive months after having
made use OF such street, wharf or other
property in the manner provided for by
this ordinance.
Section s. Nothing in this ordinance
shall be construed to permit the con-
struction of any tracks or other structure
upon any land held under any valid lease
or other title. by any person or persons
or assigns, from the City until the fermi-
nation OF such lease or other title or
the same shall have been acquired by the
said grantee, it's successors or assigns
by purchase or otherwise.
Section 81 That the City of Pensacola
in granting All the rights, privileges
and franchises herein mentioned, shall be
held only to grant such as It has the
power to grant, and not as Warranting the
same, or subjecting itself 70 any damage
or liability whatever, that may occur By
reason OF granting the same and the said
grantee, its SUCCESSORS and assigns, by ac-
cepting the franchise granted by this or
dinance. shall thereby pind themselves TO
liability for any damage TO them what
ever, occasioned or arising by reason of
the adoption Of this ordinance, or By rea-
son of the exercise or enjoyment of any
right, privilege or franchises, which are
hereby granted, and they shall bind them
selves to indemnity. the City Of Pensacola
against any and all liability TO which 1t
may be subjected thereby.
section Z. The tracts of the said rail-
road in all Of the streets above mentioned
shall be laid and maintained upon the
grade designated by the City authorities
except that where no grade therefor shall
have been established by the City au-
thorlties prior TO the construction OF the
said roadbed, said grantee, its successors
and assigns, shall have the right TO con-
form as near 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 established therefor by the City
authorities, and upon all OF the streets
mentioned. said tracks shall be laid and
maintained, so as to admit of the free
and easy passage of all vehicles along
and across said streets.
Section S. That the said Sgrantee, its
successors and assigns, shall keep and
maintain the streets between It's tracks
and for eighteen inches on either side
thereof in the same condition as the City
shah keep or require to be kept the same
streets adjacent 10 the parts occupied by
said tracks, and shall construct and Inain-
tain all necessary intarsecting street
crossings over their said roadbed and
tracks. And whenever the City or abut-
ting property owners on any part of the
said streets shall improve or grade or
pave any street or part of street upon
which said grantee, its SUCCESSORS or
assigns, shall construct its said tracks, or
any part thereof, the said grantee, its
successors and assigns. shall at the same
time. or upon notice given by the proper
authorities, improve, grade or pave the
space between the rails and tracks and
Tor eighteen inches on either side thereof
III the same manner and with the same
material as is used in Improving, grading
or paving the remainder of saidg-streef
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