The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-03
LEGAL NOTICE.

and such other purposes zs may be re-
CURED by said Railroad.
The grant hereby made and tire riehtE
visions Of the Act Of tbs Legislature
granting said space to the City of PEN
saeoiss and to the conditions hereinafter
There il also hereby granted 10 the SAID
grantee. It's successors and assigns. 81
the right, title and interest Of the City Of
PENSACOLA In and to the space between
me shore line on the North and the
New Orleans Railroad Company on the
south West, and Olivia Street on the
East, fsaid space forming triangle with
Of constructing yards. piers. terminal IA
cilfties and warehouses and the running
Of tracks thereon, and for such other
purposes IS may 6e required Tor the
grant Of the space between the shore line
On the North end DIVA Street on the
East and the Pensacola, Mobile and New
Orleans Railroad Compauy's property on
the South West, IL conditioned upon the
construction by the grantees, its SUCCESSORS
or assigns. by December LIST, 1915, Of q
railroad extending from Pensacoln Il
the construction By the grantee its sue sue.
cessors or assigns. Of warehouses upon
the said space within five years from the
approval OF this ordinance to cost mol
less than one hundred Thousand 6ollafs.
Front hereby made and the rights IN ssscFl
property hereby conferred are subject to
the provisions Of the Act Of the Legie-
lature granting such space TO the City 81
Pensacola.
Section 9. The right is reserved TO the
City to grant the privilege TO other rail-
roads to cross any tract. laid on the
enforce such reasonable regulations and
requirements as to the grade, constrpe-
ton and maintenance OF the tracks and
any Of the streets or ws1arves, and the
location and number, fexcapf Hs herein
otherwise provfded.l Of tracks thereon 90
1t may deem necessary and proper.
Section T. The actual work Of con-
structing the main line of the said Rail-
road to be constructed from Pensacola
to Memphis shall be commenced at PEN
ceptance Of i'' this Ordinances e herein pro-
vided, and thereafter actively prosecuted
IN good faith to completion within the
time herein provided. Failure TO comply
operate as . forfeiture OF all the grants.
property. rights and privileges herein
granted The work on the spur tracks
ana wharves SHAH be completed from time
to time as the necessities Of thf business
require. At least fifty niles o. the said
Road shall be completed within six
months from the time OF the commence
the road shall Be completed from Pensa-
cola to Meridian, Mississippi, within two
years and six months from the time Of
commencing work, and the said Road
see. by December /, 1915. The said
grantee, its successors and assigns, shall
Immediately upon the completion Of the
saaa ntsy niles operate first class !, daily a.
to Pensacola, and failure 70 complete said
nfty miles or to complete the road from
pensacola to Meridian, Mississippi. and
t9 Memphis. Tennessee. within the re-
passenger service as Aforesaid shall
operate as forfeiture Of ell the property,
rights, grants and privileges hereby
tee, its successors and assigns, agree to
occupy one-half Of the streets not now
under water for the purpose herein
granted 55 before ne ist DAY Of December.
before the LIST day or December. 1914,
under the privileges herein granted.
If, however, one-han OF said streets
1918, all privileges hereby granted shall
cease as 10 any such street not SO oc-
cupied, and IL by December 1st, 1914, all
OF such streets shan not be 50 occupied
as 70 any such street not SO occupied end
said privileges shall cease aIso IS to any
such street. wharf Or other property =
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.
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 teyfni-
nation OF such lease or other title or
the same shall have been acquired by the
by purchase or otherwise. -1
Section s. That the City OF Pensacola
in granting all the rights, privileges
and franchises herein mentioned. shah be
held only 70 grant such as Il has the
power to grant, and not as warranting the
same, or subjecting itself TO any damage
Or liability whatever, that may occur BY
reason Of granting the same. and the said
cepting the franchise granted By this or
shall thereby bind themselves to
release the City OF Pensacola from any
ever, occasioned or arising by reason Of
the adoption OF this ordinance, or By rea-
son Of the exercise or enjoyment OF any
Flgs prlylsss or f .S , wsch are
selves to indemnify the City of Pensacola
against any and ali liability to which It
may be suhJectsd therepy
Section Z. The tracts 81 the said RAN.
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-
thorities 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 ell 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. 50 as to admit OF the free
and easy passage of all vehicles along
and across said streets.
Section That the said grantee, it's
successors and assigns, shall keep and
maintain the streets between fits 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 TO the parts occupied by
said tracks, and shall construct and main.
tain ali necessary interesting street
crossings over their said roadbed and
tracks And whenever the City or abut-
ting property owners on any part OF the
said streets shah 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
for eighteen inches on either side thereof,
In the same manner and with the same
material 10 ffaad frnTsfsSyy4rae erTafsff4~