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738 Railroad Right-of-Way11 ORDINANCE NO. -�I AN ORDINANCE GRANTING THE RIGHT OF WAY TO THE CHICAGO KANSAS AND WESTERN RAILROAD COMPAN-Y FOR A SWITCH OR SPUR TRACK OVER AND ALONG CERTAIN STREETS IN THE CITY OF SALINA KANSAS. BE IT ORDAINED BY THE MAYOR AOD COUNCILMEN OF THE CITY OF SALINA, KANSAS: SECTION 16 THAT THE BE AND IS HEREBY GRANTED TO THE CHICAGO T,AI-.SAS AND WESTERN RAII:ROAD COMPANY,THE RIGPT TO CONSTRUCT OPERATF. , ASID'MAINTAIN A SWITCH OR SPUR FROM A POINT OF CONNECTION WITH ITS - MAI'N TRACK,AT OR NEAR THE ZNTERSEOTION OF SAID MAIN TRACK WITH THE, WEST LINE OF.FOURTH STREET IN SAID CITY,THENCE ALONG NORTH STREET IN SAID CITY TO A POINT AT OR NEAR THE, INTERSECTION OF SAID NORTH . STREET WITH THE WEST LINE OF SANTA FE AVENUE IN SAID CITY,AND ALSO. OVER AND ACROSS SEVENTH STREET IN SAID.'CITY NEAR THE MILLS AND ELEVATORS OF THE SALINA MILL AND ELEVATO„a.'CQMPANY, SUBJECT TO THE CONDITIONS AND PROVISIONS IN THIS:ORDIN,A.NCE SPECIFIED,AND TO ALL SUCH POLICE REGULATIONS AS MAY BE.EXERCISED BY SAID CITY. SEC. II. THAT THE RIGHT OF WAY AND THE USE OF THAT PORTION OF NORTH STREETiUPON WHICH THE RAILROAD TRACK CONTEMPLATED BY THIS ORDINANCE SHALL BE BUILT,SHALL BE, REMAIN AND VEST IN SAID RAILROAD CONTPANY,SO LONG AS THE SAME SHALL BE USED AS IN THIS ORDINANCE SPECIFIED,FOR THE PURPOSES OF SAID RAILROAD COMPANYMAND WITH ALL REASONABLE RULES AND REGULATIOIyS HEREINAFTER MADE -"BY THE CITY OF SAL•INA,KANSAS,IN THE EXERCISE OF ITS LEGAL POLICE POWERS: PROVIDED HOWEVER,THE CITY OF SALINA RESERVES TO ITSE>JF THE RIGHT TO GRANT TO ANY OTHER RAILROAD COMPANY OR COMPANIES T.HE RIGHT IOF WAY TO CON- STRUCT2MAINTAIN AND OPERATE TRACKS,AND RUN ENGINES CARS AND TRAINS UPON THE SAME,UPON ANY PORTION OF SAID NORTH STREET NOT ACTUALLY USED AND OCCUPIED BY THE SAID CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY,BY VIRTUE OF THIS ORDINANCE. SEC. III. THAT THE CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY SHALL.MAKE,PROVIDE AND MAINTAIN AT ITS OWN EXPENSE,SUBSTANTIAL AND SUFFICIENT CROSSINGS AND APPROACHES OVER ITS RAILROAD TRACK FOR EACH STREET CROSSING SAID WRACK ON NORTH STREET AND ON SEVENTH 5TREET,AND SHALL MAKE,PROVt-DE AND MAINTAIN ALI, NECESSARY CULVERTS UNDER SAID TRACK FOR THE PASSAGE OF WATER,AND SHALL LEAVE NO OB- STRUCTION IN SAID NORTH STREET,NOT NECESSARY FOP. THE PROPER CON- STRUCTION AND OPERATION OF SAID RAILROAD TRACK. SEC. IV. THAT IN CASE THE PROPERTY OF ANY PERSON OR PERSONS IS DANIAGEDOR INJURED,BY REASON OF THIS GRANT.OF THE RIGHT OF -WAY BY THIS ORDINANCE AIADE,AND SUCH DAMAGE SO SUSTAINED,SHALL BE SUBSTAN- TIATED-'AND UBSTAN- TIATED 'AND ADJUDGED BY DUE PROCESS OF LAW, TILE CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY SHALL ALONE BE RESPONSIBLE AND PAY ALL DAMAGES AND INJURIES SO SUSTAINED AND ADJUDGED. U EC. V. THAT"THE RIGHT OF' WAY HEREBY GRANTED TO THE CHICAGO, KANSAS AND WESTERN RAILROAD COMPANY,SHALL IN NO CASE AFFECT THE IGHTS OF THE CITY OF SALINA,XANSAS,GRANTING THE RIGHT OF WAY ALONG NP ACROSS SAID NORTH AND SEVENTH STREETS AND ACROSS THE TRACK OF HE SAID CHICAGO,KANSAS AND WESTERN RAILROAD COMPANY TO ANY OTHER --.- - ---