The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-02-10
LEGAL NOTICE.

AGGkAL M NE
successors ana assigns. shan construct
and maintain their tracks so as not to
impair, impede or interfere with the free
ana proper use OF the streets across which
Iney are authorized to be constructed
This provision, however. shall not be con-
Strued to require the grantee, its sue
cessors or assigns, to grade up any street
TO the level Of the ILL made by them.
Section 10. That the said grantee. its
successors and assigns, are. hereby
granted the right to use any. union depot
which may be constructed by any rail-
road company on the West side of Spring
Street In the City Of Pensacola under the
ordnance granting the same by the
nent Of reasonable compensation by
the grantee, its successors or assigns, to
whatever railroad company that may be
operating a union depot upon such space,
| as is provided by ordinance.
Section II. That the Mayor and City
Council of the City of Pensacola are
70 the grantee. Its successors and assigns.
al the right, title and interest Of the
city OF Pensacola in and to all the lots
IN the Water Front of the City embraced
| in the grant covered by this ordinance
| Except the property in the Water Front
| as herein granted. bounded on the North
and on the South West by the property
| OF the Pensacola. Mobile and New Orleans
Railroad Company, ard on the East by
| DIVA Street) upon the payment by the
| said grantee. its successors or assigns,
to the City of Pensacola on or before the
/ LIST day of July, A. D.. 1912, of the sum
OF three hundred dollars. and after the
grantee, its successors or assigns, have
| furnished to the City Council OF Pensacola
satisfactory proof that the actual con-
structlon of the main line of the said road
| shall have been commenced as herein,
| before required and that ten (10) miles
| OF said line has been graded. crosstied
] and ironed, and to make q deed to 1t. its
successors and assigns. for the said
property; and the deed Of conveyance
shall contain conditions that the title shall
/ revert to the City of Pensacola, and that
! all the grants, rights. privileges, herein
! and hereby granted to the said grantee, its
successors and assigns, shall cease, and
/ determine forthwith If the main line shall
| not be completed for q distance of at least
| fifty miles from Pensacola in Northerly
| direction within six months after the
/ commencement Of work. or il the main
| line of said road shall not be completed
| from Pensacola to Meridian within two
/ years and six months from the commence
| ment of the work. and TO Memphis. Ten
nessee,> by December /. 1915. And in the
/ event said grantee. its successors or as
prescribed for the completion of said rail-
/ road from Pensacola TO Memphis. Ten
nessee.. have constructed. and in use for
| the operation and business of said rail-
/ extending from the shore of the Bay into
the Water Front to the points and along
| the lines described in Section / hereof.
all the right, title and interest in and
! to all the space in the Water Front lying
| West of the boundary line of the property
! of the Pensacola. Mobile & New Orleans
Railroad Companya herein and hereby
/ granted. or authorized TO be granted or
! conveyed, or so much of said space as
| shall not at said time be actually used
and occupied by any such wharf or pier
and warehouse, or other structures, built
along side and adjoining any such wharf
| or pier, and used by said grantee, its
! successors and assigns for the business
/ of said railroad. shall cease and determine
| forever, and the City shall have the right
| to re-enter and take possession thereof
the same as If the grant or conveyance
| herein mentioned had never been made.
provided that the occupation or use Of
| any OF the wharyes. piers or warehouses
mentioned herein shall be construed as
| use and occupation by the said Railroad
| of the slips or waters adjacent to such
WharveS, piers or warehouses.
The Mayor and City Council are hereby
authorized and directec to convey to the
grantee. its successors and assigns, after
| the said grantee. its successors or assigns.
main line of the said road has been conn
pleted from Pensacola to Memphis, Ten
nessee, within the time herein provided,
a. Pc ms ann ap Z te 81 tag The
Water Front Of the City of Pensacola
| hereinbefore granted 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 and to make
/ deed to the said grantee, its successors
/, and assigns. for the said property.
Section II. All grants herein are made
| by the City and accepted by the grantee
| upon the express condition that at all
times each and every person. firm or cor
poration shall under substantially sim
lar conditions and circumstances. have
| equal access to and Use of the facilities
! for shipping and doing business wherein
the tracks, spurs. switches, sidetraeks or
| wharves are necessary or convenient to
such shipping or business, upon the pay
i ment to the said grantee, its successors
or assigns Of fair and reasonable charges
therefor: The said grantee further ex,
! pressly agrees that all said charges shall
be equal and without unjust discrimina-
/ ton to every and all persons, firms and
corporations, and the said grants are ac-
/ cepted by the grantee with the express
| agreement ard declaration that the said
| privileges franchises and property granted
them hereby and in the deeds referred to
| in Section II of this ordinance shall be
| used and operated by it. its successors
and assigns, as the facilities and property
OF common carrier and shall be used
and operated only as such common car
| rier. and not as private property. It is
| provided that the provisions of this Sec
! ton are not TO be construed as to allow
any other railroad company the use of
| the tracks of the grantee herein, it's
/ successors or assigns, with any other mo-
tive power. except that furnished by the
| grantee its successors and assigns. The
! said grantee, its successors or assigns,
| shall furnish power adequate to meet the
! demands of the business
! Section Is The City reserves the right
to pass and enforce such reasonable regu-
lations and requirements as to the man
ner of operating the railroad upon any
of the streets or wharves and the location
and number Except as is hereinA pro-
| videdl of tracks therein. as it may deem
necessary and proper, and nothing herein
l shall be construed to be in derogation of
/ the City's right to require such different
| other and further reasona BILE means of
/, protection TO persons and property upon
| the streets along which the said grantee
! its successors and assigns, are hereby au-
thorized TO construct and operate its rail-
road
Section H. The grantee, its successors
| and assigns shall be allowed forty-f1ve
DAYS from the passage of this ordinance
/ within which 10 file a written acceptance
| of the same in the Office of the Clerk of
1 the City of Pensa cola. If said acceptance
is not fled with the said Clerk within the
1 said time, all the grants. rights and priv
/ ileges granted by this ordinance shall
| terminate. and the said grantee, its sue
! cessors and assigns shall cease to have
1 any further interest or right therein.
Neither the saids acceptance. nor this
| ordinance shall DE effective unless the said
! acceptance is accompanied by bond of
| a Guarantee Company authorized to Go
business in the State of Florida eondi-
toned for the payment to the City of
/ Pensacola of the sum of ten thousand