05-04-1925 Minutes43
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44
on
otim-j of Co}1
nio�-•ioner
Campbell the resolut.i n .._.,.
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Tv
(3) �`�a ' s :
/
resolution ,;as ints�o«uced for First _ _�.c�,.'_rr� provi:3in�;
ror the curbing and guttering of :-';a!_-er Street .'rori the, south
liri,C, of South to the : o-Y'th 1 1-ne of 'pri'ison ' VeY31Re.
On iotelon of j ywy— sy. ne ,,..,,,., n ,4 s° ,-_e ,,rpt, refer_ ed to
Jo:::I ::.I..J �1. 0_.. r V.L.C.,..::,, `.��..-1 - 'C�:.: e�A
Board o' Co' --i- Q one I'S .
The following resolution bras introduced for second
reading:
THIS AGREEMENT, made and entered into this fourth
day of 10ay 19259 by and between the Union Pacific Railroad
company,, a corporation of the State of Utah, (hereinafter
called "Lessor") 11
Lessor"), and the City of Salina, State of Kansas,
(hereinafter called "Lessee" ), w1ITNESSETH:
Section 1. The Lessor hereby leases to the Les-
see, for a per od of fifty (504 years, unless sooner termi-
nated in accordance with the terms hereof, commencing on the
first day of November 1923, the following described strips
or parcels of land to be used for highway purposes only:
A strip of land ten (10) feet in width, being
all that part of the Lessos's right of way situate in
the Southwest Quarter (5,,14) of Section Thirteen (13),
Township Fourteen (14) South, Range Three (3) fest
of the Sixth Principal Meridian, lying easterly of,
parallel with and adjacent to the east line of and the
said east line produced of Block One (1) of Santa Fe
Park Addition to the City of Salina, 1Lansas, and ex-
teding northerly from the south line of said Section
Thirteen (13) to a line that is parallel with and one -
thousand one hindred seventy-one and five -tenths
(1171.5) feet distant north of said south line of
Section Thirteen (13).
Also a strip of land thirty (30) feet in width,
being all that part of the Lessor's right of way, situ-
ate in the West Half (W-51) of °ection Twenty -Four (24),
Township Fourteen (14) South, Range Three (3) .Jest of
the Sixth Principal Meridian, included between lines
parallel with and distant respectively twenty (20) feet
and fifty (50) feet west, at right angles, from the
center line of the main track of the Lessor's McPherson
Branch, as said track is now constructed, maintained
and operated through, upon, over and across said Sec-
tion Twenty -Four (24), and extending southerly from the
north line of said Section Twenty -Four (24) to the
south line, produced easterly of Claflin Avenue in said City of
Salina, Kansas.
Also, a strip of land twenty-five (25) feet in
width, being all that part of the Lessor's right of
gray, situate in the Southwest Quarter (Sti'J4) of said
Section Twenty -Four (24), included between lines paral-
li�lwith and distant respectibe1y twenty-five (25) feet
and fifty (50) feet west, at right angles, from said
center line of main track of the McPherson Branch, and
extending southerly from said south line, produced
easterly, of Claflin Avenue, in said City of Salina,
Kansas, to the south line of said Section Twenty-four
(24).
Also, a strip of land or irregular width situate
in the Southwest Quarter (SuV4) of said Section Thirteen
(13), being all that part of the Lessor's right of
way lying easterly of a line parallel with and ten
(10) feet distant easterly, at right angles, from
said center lihe of main track of the McPherson Branch,
lying west of the Lessor's easterly right of way line that
is parallel with and sixty (60) feet distant easter-
ly, at right angles, from the east line, and said east
line produced., of Block One (1) of Santa Fe Park Addition
Section 4. The Lessor reserves the right to corss
the leased premises with such railroad tracks as may be re-
quired fro its convenience or purposes, in such manner as not
unreasonably to interfere with their use as a public highp
way. In the event the Lessor shall place tracks upon the
leased premises in accordance with this reservation it shall,
upon completion of such tracks, restore the highway across
the same to its former state of usefulness.
Section 5. The Lessee shall not at any time use
pr permit the use by others of said leased premises for rail-
road or traction purposes, or use or permit the said premis-
es to be used except for the usual and ordinary purposes of
a street or highway.
to said City of Salina, and extending northerly
from the south line of said Section Thirteen (13)
to a line that is parallel with and one thousand
one hundred seventy-one and five tenths (1171.5)
feet distant north of said south line of Section
Thirteen (13).
Also, a strip of land thirty (30) feet in
width, being all that part of the Lessor s right
of way situate in the ulest Half (W-21) of said
Section `twenty -Four (24), included between lines
parallel with and distant respectively twenty
(2 0) feet and fifty (50) feet easterly, at right
angles from said center line of main track of
the Mc�herson Branch, extending from the north line
to the south line of said Section Tvrenty-Four
(24).
as shown outlined in yellow on the plat of said premises
hereto attached, identified as C.E.Drawing No. 42401, dated
October 18, 1923, marked "_Exhibit A", and made a part
hereof.
Section 2. As a consideration for this lease,
r
the Lesses agrees to pay in advance to the Lessor a rental
of Five Dollars 05.00) per annum; to assume all taxes and
assessments levied upon the leased premises during the
continuance of this lease; to keep the le2a7ed premises free
{
from combustible material; to plant no trees or shrubbery
thereon without the previous written consent of the Lessor
and to erect no structures thereon except such as may be
necessary for highway purposes; to put nothing upon the
leased premises which might obstruct or interfere with
the view; to provide such culverts, bridges and other
structuers as may be necessary to properly care for the
drainage from said premises and the adjoining right of way
of the Lessor; and to hold the Lessor harmless from any
and all damages to any of such structures on said leased
prer.iese arising from fire caused directly or indirectly
by sparks or fire emitted from the engines or trains of the
Lessor; and to further hold the Lessor harmless from any
damages to the highway upon the leased m emieses which may
result from the construction of drainage ditches or water-
i
ways by the Lessor.
Section 3. The Lessor reserve the right to take
possession of all or any portion of the leases premieses
whenever the use thereof mau become necessary or expedient
j
in the Judgment of the Lessor for railroad purposes;
FROVID D, however that in the event the Lessor elects to
take possession of all or any portion of said leased
premises in accordance with this veservat on, it shall
give to the Lessee six (6) months notice of its intention
so to do, and shall provide at its expense the necessary
land for and reestablish, or in lieu thereof, at its
election, pay to the Lessee the cost of such land and
expense for reestablishing, the highway and appurtenant
improvements thereon in as good condition as it was in
at the time of taking possession thereof.
Section 4. The Lessor reserves the right to corss
the leased premises with such railroad tracks as may be re-
quired fro its convenience or purposes, in such manner as not
unreasonably to interfere with their use as a public highp
way. In the event the Lessor shall place tracks upon the
leased premises in accordance with this reservation it shall,
upon completion of such tracks, restore the highway across
the same to its former state of usefulness.
Section 5. The Lessee shall not at any time use
pr permit the use by others of said leased premises for rail-
road or traction purposes, or use or permit the said premis-
es to be used except for the usual and ordinary purposes of
a street or highway.
C�. G
Section 6. This lease is subject to all out-
standing superior rights, (including those in favor of
telegraph and telephone companies and leases to abutting
property owners and others), and the right of renewals
and extensions of thesame; and it is understood that
nothing in this lease contained shall be construed as
a covenant to put the Lessee into possession or tp
protect the Lessee in the peaceable possession of said
premises .
Section 7. T10 special assessments for establish-
ing or improving the highway located upon the leased
premises are to be made against the adjacent railroad
right of way of the Lessor, and the Lesses agrees to
protect the Lessor against and save it harmless from
such special assessments.
Section 8. For the purpose of protecting the re-
vel�sionary interests of the Lessor against the asser-
tion of adverse rights, the Lessee agrees to prevent
encroachments upon the leased premises , and to this
end will, at its own expense, take all necessary action
including as far as practicable the building of its
ditches on and the ^orrowing of earth from the outer
margins of said leased premises.
Section 9. If the Lessee should breach or fail
to keep any of the covenants or conditions hereof, or
fail to perform such covenants or conditions hereof, or
fail to perform such covenants or conditions, or to
remedy the same for tTirty (30 ) days after written notice
of such failure or breachon the part of the Lesses,
given by the Lessor to the Lessee then this lease shall
be null and void.
Section 10. Nonuser by the Lessee of the leased
premises for highway purposes continuing at any time
during the term hereof for a period of eighteen (18)
months shall, at the option of the Lessor work a termi-
nation of this lease and of all rights of the Lessee
hereunder, and nonuser by the Lessee of a portion
of said leased premises continuing for a like periof
shall, at the option of the Lessor, work a termination
of all rights and interests of the Lessee with respect
to such portion.
Section 11. This lease is not to be assigned,
nor is any portion of the leased premises to be sublet,
without the written consent of the Lessor. The Lessee
will surrender peaceable possession of said premises
at the expiration of this lease.
Section 12. It is understood that certain streets
have been in fact opened and are now used by the public
across the right of way and tracks of the Lessor between
Prescott street and the south line of Section Twenty -Four
(24 ) Township Fourteen (14) South., Range Three (3 )
"Test, but that the same have never been formally opened;
and the Lessor hereby waives any and all damages because
of the formal opening hereafter by said Lessee of said
existing streets in their present locations across said
right of way and tracks.
Section 13. All covenants and agreements herein
con ained are made by the parties hereto, for, and shall
be binding upon themselves and their successors and
assigns.
IN 'v ITNFSS a_V'HLREOF,, Union vacific "ailroad Company
has caused these presents to be signed by its proper
officers thereunto duly authorized, and the City of Salina,
State of Kansas, has caused these presents to be signed by
its la.yor, pursuant to authority vested in said Mayor by a
resolution duly passed and adopted by the 14ayor and Commis-
sioners of the said City of Salina on the 4th day of Ilay,
1925, and to be attested by its City Clerk and the seal of
said City to be hereunto affixed, all on the day and year
first above written.
(Continued on bottom on Page 47)
F
1
0
On motion, City Clerk wns instructed to advertise for
bids for concession privileges in Oakdale Park during the
season of 1925, bids to be received up to and including T`-onday,
?'^.y 11th, 1925 at 4:00 P.
City Manager Layton submitted the following appointments
for the ensuing year:4
City
Clerk ---------------------
Chas. E. Banker
11ty
Attorney ---------------------
' S. Norris
City
Treasurer ------------------
Fenry H. Eberhardt
City
Engineer -------------------
'fm. L. Theisner
City
Bookkeeper -----------------
Ellen Nyberg
City
Stenographer ---------------
Veva Cook
Milk
Inspector ------------------
L. L. Shoemaker
Building
Inspector --------------
Chas. IA. Hagler
Memorial
Hall Custodian --------- R. E. Shipe
City
lechanic--------------------
Jas. Archbold
Street
Superintendent
-----------d Buchanan
Park
Superintendent -------------
L. B. Kemper
Asst.
Chief of Police
------------ Geo. Dickerson
Desk
Sergeant, Police
Station --- Chester Voiles
Fire
Chief ----------------------
Ben Tolbert
1st A
sst. Fire Chief
-------------Geo. Barneck
2nd Asst. Fire Chief
------------ R. H. Hall
Police
Judge ------- --------------
Carl Byers
Dump
Grounds Keeper -------------
Farry Fuller
On motion of Commissioner Chambers the appointments
were confirmed.
On motion of Commissioner Chambers, Board of Commission-
ers adjourned.
r
City Gle-r
AND '� IiisREAS, it is considered that the best
interests of said City of Salina, State of Kansas will be
subserved by the acceptance of said lease; Therefore,
BE IT RESOLVED by the Mayor and Commissioners of the
City of Salina, State of Kansas, that the terms of the
lease submitted by the Union Pacific Railroad Company be
and the same are hereby accepted in behalf of the City of
Salina, State of Kansas; that the Mayor of said City is
hereby authorized, empowered and directed to execute said
lease in behalf of said City and that it be duly attested
by its,Clerk.
Introduced for first reading, Februarsr 2nd, 1925.
Adopted and approved -------- Thy 4th, 1925.
(SEAL)
Attest:
Chas. E. Banker,
Clerk of the City of Salina,
State of Kansas.
J. S. Hargett,
Mayor
-17