Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-18

provided therefor, before the stea m
railways shall be required to enter
upon such avenue for the SEXUAL con-
struction of said viaduct, 1t being ex-
pressly understood that no claim for
damages Is TO be made by either OF
said staid steam railways on account
of land or right of way owned by said
railway companies which may abut
upon said Siuth Third avenue where
the proposed viaduct is to he located.
Section :. That the following por-
tons Of South Third avenue in said
city of Marshalltown be. ard the same
are hereby vacated, to-wit: Com
mencing at the north property line OF
the Chicago & Northwestern Railway
Company. extending across Third ave-
nue.. and extending south the full
width OF said South Third avenue. a
distance Of SO feet to q point nifty
feet north of the north end Of said
Linn creek bridge. as such bridge is
now located and constructed: IL being
hereby declared by the city council Of
Marshalltown that, upon the construc
ton of said proposed viaduct, so much
Of said street as is above described is
unnecessary for the purposes for which
IT was originally acquired. and that the
public interest and welfare of said city
requires the vacation and abandon
ment OF the above described portion
; of said street: it being further pro-
vided b! the city council that all OF
said street as is hereby abandoned and
vacated will. upon completion Of saiS
viaduct and the opening OF said via
duct for public travel, revert to the
owners of the land abutting UPON same,
and upon the completion of said via
duct and the opening Of same for pub
lie use and travel the city OF MARSHALL
; town. Iowa, by its mayor. will by prop
er deeds convey to the said steam rail-
ways SO much Of the vacated street as
abuts uron ,he land and rieht-of-way
owned or hereafter acquired by said
railways. or either Of them. said con-
Neyances TO be several and separate
as TO the land and riahs-of- way of
each company respectively as ADULTS
upon said vacated street: and for the
purpose of carrying out this provision,
proper deeds Of conveyance. as here
in contemplated will be duly executed
I by said city of Marshalltown and de-
livered TO the First National Bank OF
Marshalltown. Iowa. in escrow. same
to be finally delivered 20 the respec-
tive railway companies when said via
duct is completed and open for public
travel. conditioned however that so
much Of said South Third avenue
herein vacated as lies north OF line
six feet north of the north rail of the
; north track Of the main line of the
Chicago & Northwestern Railway
Company ESQ long as said railway and
its station facilities are maintained at
its present location) is to be used for
depot station and railway purposes
and Their light of the public to reason
able means of access over same 20
such railway station is hereby re-
served.
Section g. The vacation Of so much
OF South Third avenue as is described
In section hereof. is to become et-
fective only when the viaduct herein
contemplated is completed and opened
for public travel.
Section 4. The vacation Of said
South Third avenue is subject TO the
! right OF the city of Marshalltown. or
the grantees Of public utility fran
chises. 10 at all times enter upon and
to cross the said property thus vacated
and conveyed to the said steam rail-
/ ways for the purpose Of constructing.
| demonstrating, or repairing all neces-
sary sewer, water. and gas pipes, OF
! underground conduits for telephone
wires. electric light wires. and electric
power wires now IN said street or
(, which may hereafter be laid in said
street provided, that before entering
upon any portions Of said vacated
stree, for 1he purpose Of 30 construct
/ ing. reconstructing, or repairing any
sewer. water, or gas pipes. or conduits
for wires, reasonable notice of said in
! tent shall be given by the city or own
ers OF utility franchises to such steam
railways. and . reasonable opportunity
given such steam railways TO protec.
their property during the progress OF
said work: said work to be prosecuted
by the city. or owners OF utility fran
chfsss, at their respective expense. I'M
der the direction and supervision of the
Engineering departments Of said steam
railways and to be conducted with az
little interference with the operation
of said steam railways Cd is prac-
ticabls.
Section s. The said proposed via
duct - to be constructed according &c
plans and specifications heretofore
euDmISISQ py 0Al0 0Ied" Idl1"0SO ~
the city council Of the city OF Mar
shalltown- such plans and especihca-
,ions being herein specifically referred
to, q duplicate original OF same being
now on file in the city clerks office Of
the city Of Marshalltown. copy Of such
plans and specifications being hereto
attached, and made . part hereof. anf
the plans and specifications herein re-
ferred to and identified are the plan.
and Specifications approved By the cit!
council of the city Of Marshalitown.
Section 6. The city OF Marshall
town agrees to keep South Third axe
npe. from the north property line O.
the Chicago & Northwestern RAILWAY
Company leading north to the soutl
line OF Nevada street. in good repair
and con6 ition. 20 that the same will a
} ali times be safe and convenient for al
kinds of public travel.
Section Z. The city Of Marshall
town further agrees TO keep said Soutl
!. Third avenue. from the north propert!
line Of the Chicago & Nor,hwester,
Railway Company. leading north to tn
south line OF Nevada street. vel
. lighted at all times so that said stree
will he safe and convenient for al
} kinds Of travel thereon.
Sector S. 1t Is further provides
and agreed upon the part Of the cit!
of Marshalltown, If, in the future. an!
iinterurban line or lines Of railwa!
shall desire to enter the city Of Mar