The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-11-15


! are now being carried on by E. E
Saunders & Company. its successor.
land assigns. on the said reserved por-
tions of said wharf property. This res
lervation and the properties reserved
shall include lands covered by water
and lands not covered by water LYING
to the west of said center line and ad-
ljacent to said wharf, and asso the fol-
flowing buildings and structures exclu-
lsively, with land upon which they are
lsituated, to-wit: Condenser shed
pump house, ice and cold storage build
Iings, fish house and offices, paint store
room, boiler house. building used as
fertilizer plant. carpenter shop and
rigging loft, as viii more fully appear
by reference to map hereto attached.
AT the expiration of the term Of five
f(5) years or the sooner termination
/ of said reservation herein contained
as Is hereinafter provided, said gran
tors shall, and they hereby bind them
kselves, their heirs and assigns, to de-
liver and surrender the possession and
control of all said reserved portions of
said wharf, buildings and structures
and other property, to the said grantee,
lin as good condition as the said prop
erty is at the present time, excepting
ordinary wear and tear, depreciation,
and damage oceasioned by fire, storm
or other causes not attributable to the
act or negligence of said grantors, or
those whom they may permit or allow
to occupy or use said property"
There then follows in said deed a
provision whereby the grantors agree
that the city may terminate the above
reservation any time within five years
by giving grantors one years notice in
writing, and paying grantors at the
rate OF $4,000 per annum for each year
grantors may be deprived of possession
and use of said property less than the
full five years.
That the said defendants, Carrie B.
Welles ct ais, the grantors in said
deed, or their lessee the Z. |
e. Saunders & Company, a corporation, |
now own and operate upon the said |
Palafox street wharf so proposed to be |
as aforesaid, and on the |
western portion thereof thus reserved |
to their exclusive use, among other
an Ice plant a fertilizer fac T
tory, a sail loft and wholesale and re-
tail and ice business buildings, in
which are conducted respectively the
businesses to which each of said
buildings is so adapted, and such bus
ness is of wholly private character.
that said defendants are permitted
nder said reservation in said deed,
BID intend and will continue to use
lid buildings. or continue to so lease
EN- for said purposes. if said deed is
| divered to the said city of Pensacola,
/ aa the monys aforesaid paid to them. (
al until the expiration of the terms K
obaid lease estate. Ii
hat under and virtue of the author s
1 ityconferred upon the city commits t
siosrs. as heretofore alleged, they may t
notnvest the proceeds of said bonds S
in ts character of title, nor accept the +
titleFith such burden. That it is a le- c
gal accessibility to separate that por- S
east ha Il said dock from the por- t
ton paAble for the west half under o
said probed deed. Il
CD Tt il compliments are mis- o
taken inleir allegation that the said h
proposedtdinance and deed creates d
an estataor years in the defendants. d
grantors said deed, then complain #
ants alleIt that the said ordinance, in e
acceptinahe said deed. in legal. eff s.
feet, is arant Of a franchise in the tt
defendant Carrie b. Welles, Frank E. Il
We1les. lals. for the use and oc- IL
| cupancy them of the citys wharf Il
property.hat the said proposed ordi- m
nance is grant or a right to use the Il
citys VIII property. That the said II
proposeddinance confers upon the GC
said defAnts. Frank e. Welles, ct e.
ais, the 1t of use of the wharf prop p;
erty of tcity of Pensacola, and the sa
said proud ordinance does not pro- pt
vide for Iblication thereof for four 70
consecuti weeks, and it is the in TO
tention dl Of the defendants to dis tn
regard tbrovisions of the city char ce
ter in t respect, and Immediately tn
upon fi1passage of the ordinance. su
and with waiting 30 days thereafter da
to consulate the purchase, and to H
! attempt create the franchise, right w
of use, to confer on Frank e. b.
| Welles, u.s., the right Of use of said an
citys wi property so attempted to an
| be purcld, and to further pay over niC
the saidn of $1sO,O0000 in,
| (h) Athe compliments represent Or.
to your or that such acts and such
purchase without authority of law g
and a 3 abuse of such discretion N
as may ested in the commissioners
| in the elishment, construction and
lequipmef municipal docks, for the
reasons resaid.
Whers, the compliments, being
lremedilsave in a court of equity
and to ind that the defendants. and
each ofn1 may make answer, but
not unbath. oath thereto being
hereby 'essly waived, unto all and
singulan premises, and that the
complas may have a temporary