The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-01-17


I son, Topeka and Santa Ee Railway COM
pany and to Walker D. Hines, Director
General Of Railroads, the right Of way
upon and along the alley running north
and south in the block bounded by First
Van buren, Street in the City of Topeka.
BE 1T ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF
Section 1. That the right of way upon
which to construct, maintain and operate a
and operate its engines, cars, and trains,
upon the same, be, and the said right of
way is hereby granted to The Atchison,
Topeka and Santa Fe Railway Company
and Walker D. Hines, Director General of
Railroads, its and his successors and as
signs, along and upon First Street and
by First Street, Van Buren, Street, Crane
Street and Jackson Street, the center line of
ed as follows:
Beginning at a point approximately at
the intersection of the center line of Van
~ of the north line of First Street meas
ured along the center line of Van Buren,
Street; thence extending northeasterly on
curved line, concave to the left, to point
on the north line of First Street at a point
approximately 100 feet east of the east line
leaves First Street; thence on said curve
in a northeasterly direction to a point in
the west line Of the alley between Jackson
and Van Buren, Streets, approximately 81
feet north of the north line of First Street
measured along the west line of said alley
thence continuing on said curved line in
northeasterly direction in said alley to a
point So feet westerly of and $50 feet north
of the north line of First Street from which
alley, on line S5 feet westerly of and
parallel with the east line of said alley TO
the south line of Lot No. 81, Jackson Street.
peka and Santa Fe Railway Company and
Walker d. Hines, Director General of Rail-
roads, shall construct and maintain suitable
uf oil ctr Il
alley crossings, and make such other
improvements whenever and wherever re-
be constructed and maintained under the
supervision and in accordance with the di-
reefions of the City Engineer of said City.
Topeka and Santa Fe Railway Company
and Walker d. Hines, Director, General of
Railroads, shall replace in a perfect condf-
ton OF repair all pavement taken up in
the construction of said railway track in
said street and alley, and that when said
or repaved the said The Atchison, Topeka
and Santa Fe Railway Company and
Walker d. Hines, Director General Of Rail-
rails and for a distance of eighteen asa
inches on the outside of its rails with con-
crete and brick of the same quality, as is
used by the city of Topeka, all of said work
to be done under the direction of the City
Engineer and to his satisfaction, and if on
ten days notice from the City Engineer
said paving or repaving> is not commenced
and carried out to completion, said paving
or repaving may be done. by the City of
and Santa Fe Railway Company and
Walker D.. Hines, Director General Of Rail-
roads hereby agree to pay the cost of same.
ordinance for any person, firm or corpora
tfon to load or unload any cars upon that
part Of the track above described upon
Section s. That the said The Atchison,
Topeka and Santa Fe Railway company
Railroads, shall indemnify and save harm
less the said City of Topeka from all dam
age, cost or expense growing out of any
City may become liable to any person or
corporation by reason of the negligent con-
struction or operation of said railway track
In said street and alley, ms aforesaid or BIZ
reason of said Railway Company failing TO
construct suitable and proper crossings as
Company shall receive notice In writing
from said City of Topeka of the tendency
OF such claims or actions and that the said
to defend.
Section 6: That said The Atchison, To-
Walker D. Hines, Director General of Rail-
roads, shall not permit cars to remain on
said track on any of said streets or alleys
longer tn2n may be reasonably necessary
for the loading or unloading thereof at
the various industries to which the same
may be placed for such purposes.
section z. In granting permission for
the above, it is understood and made a
part of this ordinance. that the city reserve
unto HsSIL the IlSnt TO inspect, rebuild,
repair and maintain the sewer now lying in
said alley, and that connections, repairs
reconstructons or whatever becomes neces-
sary to be done either by the city or the
adjoining property owners, to enjoy the
full use and operation of this sewer, the
same snail be done without any additional
expense to either the city or the property
owners by reason of the occupancy of the
alley by such. track or tracks. And In the
event of excavations in the alley recurring
the care of the track by the roadmaster Of
the operating railroad, the expense of the
care of the track shall be borne by the rail-
road or the industry served by the rail
road track, and in no case by the city or
property owners.
Section g. ANY person violating any of
the provisions of this ordinance shall be
deemed guilty of a misdemeanor, and upon
conviction thereof, shall be fined not less
than $1,000 nor more than 5000.
Section 8. This ordinance shall take
effect and be in force from and after its
publication in the official city paper ana
the acceptance Of said ordinance by said
Railway Company.
Passed the Board of Commissioners.
January Is, 1920.
Approved, January 16. 1920
II. J. CoRWINE, Mayor,
Attest: ETA N. COVELL.
tseal] City Clerk.