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1768 Railroad Agreement1 1 d An ordinance authorizing the Mayor and Clerk to execute, on be- half of the City of Salina, a certain contract between the Missouri Pac- ific Railway Company and the City of Salina, hereinafter fully set forth, and ratifying and confirming the action -of said .mayor and clerk in sign- ing said contract and affixing the corporate deal of said city thereto. Be it ordained by the, -Mayor and Councilmen of the City of Salina: Section 1. That the Mayor of the City of Salina, Kansas, is hereby authorized to sign, on behalf of said city, and the City Clerk is here- by authorized to attest, and attach the corporate seal of said city, on behalf of said city, the following contract, viz: This agreement, made and entered into in duplicate this first day of June 1914, by and between The Missouri Pacific Railway Company, a consolidated corporation of the States of Missouri, Kansas and Nebras- ka, herein€fter termed Company, party of the first part, and the City of Salina, a municipal corporation of the State of Kansas, situate in Saline county, Kansas, hereinafter termed City, party of the second part ; Witnesseth, That, Whereas, as one of the considerations, running from the City to the Company, for an agreement to be entered into by and between the Union Pacific Railroad Company, The Atchison, Topeka and Santa Fe Railway Company, The Chicago, Rock Island and Pacific Rail- way Company and the Missouri Pacific Railway Company covering the loca- tion, construction, maintenance and operation of a Union Passenger Depot, together with certain appurtenances thereto belonging, in the City of Salina, Saline County, Kansas, the City agrees to provide the Company with, and the Company agree.s to accept, certain right-of-way and ordi- nance rights necessary to be had to permit the Company properly to serve said Union Passenger Repot; and, Whereas, it is mutually desired formally to set forth said right- of-way, as well as said ordinance right's, by description or otherwise, and, also, the -terms and conditions upon and under which the same shall be provided by the City and accepted by the Company; - .-Now, Therefore, for and in consideration of the premisesm as well as the keeping by each of the parties hereto of all and singular its covenants and agreements hereinafter set forth, it is hereby mutually agreed, as follows, to -wit: 1. The Company, within. three (3)" months next following the date of this agreement, shall convey, or cause to be conveyed, to the City, its lessees, successors and legal assigns, by deed of release and quit- claim, and the City shall receive and accept from the Company, the fol- lowing described parcel of land, to -wit: Part of Southeast quarter (S. E. 1/4) of Section Eleven (11), Town- ship Fourteen (14) South, Range Three (3) West, commencing at a point forty (40) rods south and six hundred thirty (630) feet west of the north- east corner of said quarter section, at the center of Bishop street in Bishop's Addition to the City.of Salina, Saline county, Kansas, and on the former west line of Eleventh street, of said addition; thence west along the center line of Bishop street, produced west, and along the northerly line of the property of the Missouri Pacific Railway Company, four hundred (400) feet; -thence southwesterly three hundred seventy-three (373) feet, more or less, to the intersection of the west line of Thirt- eenth street, produced north, with the south line of Bishop street, pro- duced west; thence south fifty -f.ive (55) feet; thence north eighty-five (85) -degrees and thirty (30) minutes east, six hundred (600) feet, more or,less, to a point; thence due east one hundred sixty-three (163) feet to a point; thence due north fifty-five (55) feet to the `place of be- ginning. 2. (a) The City, within three (3) months next following the date of this agreement, shall convey, or cause to be -conveyed, to the Company, its lessees, successors and legal assigns, by deed of release and guit- claim, and the company shall receive and accept from the City, the fol- lowing described parcels of land, to -wit: All of Lots twenty-two (22) and twenty-three (23), and the south eight (8) feet of Lots twenty-one (21) and twenty-four (24), Block Seven (7), Depot Addition to the City of Salina, Kansas. All of Lots eighteen (18) and nineteen (19), and the south eight (8) feet of Lots seventeen (17) and twenty (20). Block eight (8), Depot Addition to the City of Salina, Kansas. Beginning at the southeast corner of Block Twelve (12), Depot Ad- dition to the City of Salina; thence due north along the east line of said Block Twelve (12) thirty-three (33) feet; thence due.west and para- llel to the south line of Block twelve (12) two hundred ten (210) feet to a point on the southerly line of the original right-of-way of The Atchison Topeka and Santa Fe Railway Company; thence southwesterly along said original line of right-of-way forty-one (41) feet to a point in the east line of Twelfth street (produced); thence due west, twenty-five (25) fett .distant from and parallel to the north line of Bishop street, forty (40) feet to a point in the center line of,.Twelfth street (produced south); thence south along said center line twenty-five (25) feet to a point in the north line of Bishop street; thence due east along the said north line of Bishop street, two hundred ninety (290) feet to the place of be- ginning. 1 1 I 1 1 1 1 1 1 1 Beginning on the northerly line of Bishop street, City of Salina,. two hundred ninety (290) feet due west to the southeast corner of Block Twleve (12), Depot Addition to the City of Salina; thence due north twenty-five (25) feet; thence due east forty (40) feet to a point in the east line of Twelfth street (produced); thence north seventy-eight (78) degrees and forty (40) minutes east, two and eight -tenths (2.8) feet to a point; thence north twenty-three (23) degrees and twelve (12) minutes west, two and six -tenths (2.6) feet to a point; thence in a southwesterly direction (on a curve with a.radius of nine hundred sixty (960) feet) one hundred seventy (170) feet to a point; thence continuing on a tangent to the last described curve fifty and six -tenths (50.6) feet to the north line of Bishop syreet, said tangent making an angle of elven (11) degrees and twenty (20).minutes with the north line of Bishop street; thence due east along said line of Bishop street. one hundred seventy-six and nine -tenths (176.9) feet to the place of beginning. All that part of Lots twelve (12) and fourteen (14) on Fourteenth (Phillips) street, . in Weaver" s Second Addition to the City of Salina, bounded on the north by the souther ly line of the original right-of-way of'The Atchison, Topeka and Santa Fe Railway Company, and bounded on the south by the northerly line of the original right-of-way of the Missouri Pacific Railway Company. All that part of Lots seven (7), nine (9) and eleven (11) on Fif- teenth if- teenth (College) street, in Weaver's Second Addition to the. -City of Salina, bounded on the north by the southerly line of the original right- of-way of the Atchison, Topeka and Santa Fe Railway Company, and bounded on the south by the northerly line of the original right-of-way of The Missouri Pacific Railway Company. Beginning at the point of intersection of the east line of Four- teenth (Phillips) street, City of Salina, Kansas, with the northerly line of the original right-of-way of the Missouri Pacific Railway Company thence in a northeasterly direction along said line of right-of-way to the west line of Thirteenth street; thence due north along said west line of Thirteenth street fourteen and three -tenths (14.3) feet to a point; thence in a southwesterly direction (on a•curve with a radius of three thousand seven hundred eighty-two (39872) feet) three hundred thirty-four and eight -tenths (334.8) feet to the east line of Fourteenth (Phillips) street; thence due south along said east line of said street twenty-four (24) feet to the place of beginning. (b) The City, its successors and legal assigns, hereby grants unto the company, its lessees, successors and legal assigns, the right, for and during the full term of this agreement beginning with the date here- of, to locate, construct, reconstruct, maintain, repair, renew, replace, use and operate, when,.where and as necessary, the Company's railroad tracks on,..along, over and across the following streets and alleys in the City of Salina, Saline county, Kansas, to -wit: Pine Street. _ Eighth Street. Ninth Street. Alley between Ninth and Tenth Streets, Tenth Street, Alley between Tenth and Eleventh Streets, Eleventh Street, Bishop St rebt , Thirteenth Street, Fourteenth Street, (Phillips) Alley between Fourteenth (Phillips) and Fifteenth (College) Street, Fifteenth (College) Street... 3. This agreement shall inure to the benefit of and be binding upon the lessees, successors and legal assigns of each of the parties here- to; and shall become effective with June 10th, 1914, and, thereafter, be and continue in full force and effect so long as the Company, its lessees, successors or legal assigns, shall operate any railroad into said City of Salina; -.provided, however, that the execution and attesting,on behalf of the City, of this agreement by the City's mayor and city clerk, and the affixing of the City's seal hereto, as well, shall first be duly author- ized, ratified and confirmed by an ordinance duly passed and _approved by and on behalf of the City, and said ordinance shall contain and set forth as a part thereof an exact copy of this agreement. In Wttness Whereof, each of the parties hereto has caused its cor- porate name hereunto to be subscribed and its corporate seal hereto to be affixed and duly attested by its respective officers duly authorized so to de the _day and ,year f irst above written. Sec. 2. That the action of the Mayor in signing and the Clerk in attesting and attaching the corporate seal of said city to said contract, as authorized by section one hereof, is hereby ratified and confirmed on behalf of said city of Salina. Sec. 3. This ordinance shall take effect and be in force from and after its publication once in the Salina Evening Journal. Passed and approved June 1st, 1914. (SEAL) Attest: Chas. E. Banker. City Clerk. V. E. Niguette, Mayor. 1 1 ,U 1 1 1 1 C STATE OF KANSAS ) SS. COUNTY OF SALINE ) I hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the Council and ap- proved by the Mayor of the City of Salina, June lst, 1914; and a rec- ord of the vote on . its final adoption is found on page,,- � of Journal r No. 8. City Clerk. 1 1 1 -, , v y .� y { 4. .11 x ,� J 41 r`,. , , r } ,. �. Y , .'y' r �, 5 : z , r , t b s s . i at * (C) y� a i J N r x a r r s e - 1 : r[ t t ;r, d I Y f t - ! r I { 4, } i tir i , f e , r e P t `'r>r e e , �' t �` d t d a 7 ,R 1 { 4 t J , il, i , r `, d i?i the east ling of Twelrfth" street (produced ),,; thence ,due 'we'st, twenty rN.1.1. . I, fi'e (Z5,) feet; dzs;Ant 'froom and para11e1" to:Ithe nortYi line „of,.'BzsYiop :4 , street,rIforty (4r0')',feet to .A point in the centers lzn�e" of,Tx4e1fth street r1. c �y .., - (pro`duced .}mouth), .thence south al1.on1.g sa3:d neI 1.1l*.rit�r Ii.ne' twenty=five, (25`J ff r i, q f .ett �.to a poznI. st t zn the north line of Bishop' strec;t, t=hence due ea a1,4.4,1:1.' along;;;.the , sa zd norm fine o'`f Bishop � street . t:wo h xndre.'d ninety 4 (290 } fl i fQet `to the°,place 'of beginning" . '; '' 1.r - - : ', J ' ;; Regiinzng ons ,the rortherlsT line of .BzsI .136p street, City of Salina,' r , ?, two hundred ni'-,.., (294) .feet duP west t:o the southea st, c"orner of ` Blocn Twelve (hl2 ), Depot".11 addition:: to, the City ofr�I.5alinz�, thence: due: north .r `%Sfi It ` s° ,s # r t - twentjr fie ,(25)1. rfe1.Pt., aherice dtze',east .fort3> (4Q':) fe.et to a 1:1,iaoint;11 zn a'he - % d;. w X t past line of 12th st­111.reet produced ); thence ;north seventyY ezht (78 ) ,, . �d ( <:. „ degreesCan,d forte ,(40) ;minutes :Past; two and piht tznths (2..8) feet 'fo` il h I R }. • - 1 Ili , 11 .." rit, +thenc'P ncr` th twenty three (Z3) 'degr'ees•, and twelve (1'2 } minutes r . M, f . I -1W6 s.,, .two and 'six xtPnths (2 6 ) , fetl�et •to a point, ,thence 'in a s�11.outhwPstex�ly F dirrecttion (on f a curve �vzth�ar ` 4 a4 96 adzus ."of nine }hundred sixty ( 0) feet ) 1 b 1J I. ' one hundred serentj ) , ,t It I- l (17b feet to a :,poi t, thence con znu�ng 'on a °tangent. S a 4 -. - k 1 - 11. N r` to the'tlast descried curve fifty and sZx tenths '(50:,6) feet :to the ,r r i + d . , 5 north Tine;, of Bishop streI.et', sa'id`t* , '' makzngJan angle, of ele�ren (l1) t t± % a J �. ii t deg.. Is and twenty (20) minutes tivith the{ north 1.line o%f Bishop :street, thence. due east along s"azd line .of B11 -1Ishop st`r:Pet `one hundred seventy k,5_1 Y si'x aril n., ,, tenths (176:9 ) feet to the .place of :,beginning t F "` All that part of Zots twelve (12) and fourte: r l.e (14) ori , oxxrt eenth 1 II ,' 3 x •„ 4 - (Phii 1.zns) street 1 zn We i s ` ave Second Add zt{ion' to the: City of Sal ina i , " ,,. bounded on the ;north by the: southerly line of1. th.Ite;. original right, o'i,-.vat .•, I The Atchison, Topka and .Santa Fe.: Razhrray _Com any; :and` bounded ;on ' " •. . the south ✓ the no`rthe'i line .of the original r.i n . } g t -o,f �r�ay, of the 4, '. onrz Pace f c Ra7.iway Company' .- cY ; a ,, All that part' of L,ot� sPveri,. ('T) nine ( 9) Cf. I .7a,, P en (l1.) on -- if- t +t .. , S l t e'enth ` (College) street int - weaver 1.­11,Es` �ec,on1.d Addition to .the Ciao o;f r Sa] zna, botandedryron ,the north by the soutYerly lineI. of ;the .�rz'g`lnal. right of - .ray ofy Thi kAtach' son". ' 1C ,, ,' Tope�a Wand Santa x ,;Rax I , y ,Company,,. and bounded on the .southrby, tne, northerly line ,, the vrigina°l right of rra�T of the Miss'aurz P o.c z f i;c Ra J n. i 1 Co zip a 1. �e, . e G ,x - ^..