The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-01-27
LEGAL NOTICE.


and such other purposes as may be re-
quired by said RatlfcAd
The grant hereby made and the rights
hereby conferred aTe subject 70 the pro-
visions Of the Act q the Legisiesure
sacola, and 70 the conditions Hereinafter
There ii also hereby granted to the said
krantee, Its Bucco1sore and a9slgnss all
the right, title and interest Of the City Of
Eensaeola IN and to the space between
the shore line on the North and the
New Orleans Railroad Company on the
south West. and DIVA Street on the
East lsaid space forming tri-angie with
the apex on DIVA StreeD for the purpose
clities ana 1sarshon ss and ths rnnni ne
OF tracks thereon, and for such other
purposes IS may be required for the
grant OF the space between the shore line
on the North and Olivia Street on the
East and the Pensacola, Mobile and New
the South West. is coind iiiai unon the M,
construction by the grantees, its successors
or assigns, by December LIST, 1916, of a
railroad extending from Pensacola to
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-
Pensacola
Section 3. The right is reserved to the
roads to cross any track laid on the
Streets hereby granted and to pass and
enforce such reasonable regulations and
ton and maintenance Of the tracks and
manner OF operating the railroad upon
any OF the streets or wharyes. and the
otherwise provided,) Of tracks thereon as
1t may deem necessary and proper.
Section 4. 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
sacola within six months after the ac-
ceptance Of this ordinance as herein pro-
in good faith to completion within the
time herein provided. Failure to comply
with the provisions Of this Section shall
operate as a forfeiture Of all the grants,
property. rights and privileges herein
granted. The work on the spur tracks
and wharves shall be completed from time
require. At least fifty miles Of the said
Road shall be completed within six
months from the time Of the commence
sl,s u tne Work - nersin proVIdea. ana
cola to Meridian. Mississippi, within two
years and six months from the time Of
commencing work, and the said Road
shall be completed to Memphis. Tennes-l
see. by December I, 1915. The said
grantee, its SUCCESSORS and assigns, shall
immediately upon the completion Of the
freight and passengers train over said line
to Pensacola, and failure to complete said
fifty miles or to complete the road from
pensacola to Meridian, Mississippi, and
70 Memphis, Tennessee, within the re-
epectlve times or to operate 8 freight and
passenger service as aforesaid shall
rights. grants and privileges hereby
granted In this ordinance. The said gran
tee, its successors ana assigns, agree to
occupy one-half Of the streets not now
granted before the LIST day Of December.
1913, and the other half OF said streets
before the LIST day or December, 1914,
sne pt1se oni nsne'n is STRAITS
shall not be occupied by December LIST,
1913, all privileges hereby granted shall
cuped and IL 81 pecebe set 1s aO 1919 n o sII
Of such streets shall not be so occupied
all privileges herein granted shall cease
as to any such street not so occupied and
such street, wharf or other property IL
the said grantee, its SUCCESSORS or as |
signs shall discontinue q use stfief cot FORT
twelve consecutive months after having
made use OF such street, wharf or other
property in the manner provided for by
this ordinance.
Section 8. Nothing in this ordinance
Of ay tracks e q pshsr sfe
upon any land held under any valid lease
or other title by any person or persons
other than the SAID grantee is successors
nation of such lease or other title or
the same shah have been acquired by the
said grantee, it's successors or assigns
Section g. That the City Of Pensacoia
in granting all the rights privilegeSeE
and franchises herein mentioned, shall be |
power DOW to grant. ana not as Wsrrsntine the the
same, or suhjecting itself to any damage |
or liability whatever that may occur by
reason or granting the same, and the said
grantee its SUCCESSORS and assigns, by ac-
cepting the franchise granted By this or
dinances shall thereby bind themselves to |
release the City Of Pensacola from any
ever, occasioned or arising by reason Of |
the adoption Of this ordinances, or by rea- |
son OF the exercise or enjoyment OF anyl
hereby granted, and they shall bind them |
selves to indemnify the City of Pensacola I
against any and all liability to which it |
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
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 i
grade of the land. but In ali cases the |
railroad bed and tracks shall be made /
% conform TO the grade from time TO time |
thereafter established therefor by the City |
and upon all Of the streets |
mentioned, said tracks shall be laid and |
50 as to admit OF the free |
and easy passage OF all vehicles along |
and across said streets.
Section g. That the said grantee, its !
successors and assigns, shall keep and /
the streets between its tracks |
and for eighteen inches on either side 1
thereof In the same condition as the City
shall keep or require to be kept the same |
streets adjacent to the parts occupied by |
aid tracks. and shall construct and main /
tain all 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 shall improve or grade or
pave any street or part OF street upon
which said grantees, it's successors or
assigns, shall construct its said tracks, or
any part thereof. the said grantee. it's |
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 aad with the same
as is used in improving, grading