The Ordway new era., 1919-02-21

LEvARD, IN THE TOWN OF
| ORDWAY. ....... .
Be it ordained by the Board OF
Trustees of the Town of Ordway:
/ THAT WHEREAS the Board of
Trustees of the Town of Ordway did
on February 16. 1906, declare passed
an ordinance known as Ordinance
No. 40, which purported to open and
establish a street In said Town of
Ordway, known as Railroad Avenue,
same being described as a strip of
land sixty feet wide. off the norther-
Iy side of portion Of the right of
way of The Missouri Pacific Railway
Company thru said Town OF Ordway;
and
WHEREAS said Ordinance No. 40
also purported to open and lay out
a street OF. avenue 20 be known as
Denver Boulevard across the proper
ty and right of way of The Missouri
Pacific Railway Company in general
northerly and southerly direction;
and ri.
WHEREAS said Town asserts the
right to use said strip of land, known
as Railroad Avenue, for street pur-
poses, independently of said ordi-
nance; and
WHEREAS. said ordinance is of
doubtful validity; and
WHEREAS, Missouri Pacific Rail-
road Company, successor to TIE Mis-.
souri, Pacific Railway Company claims
title to said above described strip
of land and said portion of said DEN
yer Boulevard; and
WHEREAS, said Missouri Pacific
Railroad Company is now construct
ing modern brick passenger station
on the northerly side of its yard and
tracks at said Town of Ordway, at
the intersection of said Denver Boule-
ward as attempted by said Ordinance
No. 40. to he opened and laid out
across the property and right of way
of said Railroad Company, with said
property and said right of way. and
which site or location was agreed up
on between said Town of Ordway
and said Railroad Company, prior
to the commencement of work there
on; and
WHEREAS. the construction OF,
said station at said point necessitated
the rearrangement by said Company
of its tracks and yards at said Town
of Ordway; and
WHEREAS, 1t was and is neces-
sary to the safety and convenience
of the citizens of Ordway and of the
public that said station be construct
ed at the point aforesaid. and that
said railroad yards be so rearrang-
ed; and
WHEREAS. it is necessary in
order to provide safe and convenient
access to said depot and to said yards
and tracks of said Company. to va
cate the southerly fifteen G5) feot
in width of said strip of land, known
as Railroad Avenue. and also that
portion of Denver Boulevard which
was attempted as aforesaid to be
opened and laid out over and across
the property and right of wav of
said Missouri Pacific Railroad Com
Dany, and also a STRIP of land fifteen
feet in width Immediately adjoining
the property of said COMPANY. the
same being a part of said Denver
Boulevard. and being hereinafter
more specifically described; and
WHEREAS. said Railroad Conf
pany has agreed with said Town of
Ordway that If said portions of said
streets are vacated, 1t will assert no
claim to the northerlv rortv-five (45)
feet In width of said strip of land
known as Railroad Avenue:
NOW. THEREFORE,, Be it ortain-
ed by the Board of Trustees of the
Town of Ordway:.
SECTION l. That the following
portions of the following named
streets or avenues of said Town OF
Ordway, WHITTIER acquired or held by
said Town of Ordway by. virtue OF
ordinance, statute. condemnation,
dedication. adverse user or otherwise.
be. and they are hereby, forever va
Gated and the use thereof for street
purposes is hereby forever discon-
tinued, to-wit: ,N-
The southerly fifteen u5) feet in