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04-14-1924 Minutes1 1 C014,1ISSIONERS PROCEEDINGS, REGUTAR JEETING. C 01211ISS IOITE RS ROO111, SALIN^i, KANSAS. A1' RIL 14th, 1924. Regular meeting of the Board of Commissioners, April 14th, 1924. Meeting was called to order by I,ia.yor liargett, the roll was called and Commissioners Hargett, Dyar and Chambers and City At- torney Norris responded. The minutes of the Regular Meeting of April 7th, 1924; and Special Tteeting of April 11th, 1924 vrere read and approved as read. A committee from the Isis Temple appeared before the Board of Commissioners and asked permission to use Kenwood Park from July lst to 5th inclusive. Commissioner Dyar moved that permission be granted to the Isis Temple for the use of Kenwood Park on the above dates; no charges to be made for the use of the lark if the Committee would agree to have the park thoroughly cleaned after the entertainment is over. I`lotion adopted. An ordinance was introduced for second reading entitled: "An ordinance amendinFr Section 3 of Ordinance No. 2947 of the City of alina, Kansas, entitled, "An ordinance concerning and regulatint- the moving of houses and other buildings within the City of Salina and through, on, over or across the streets, avenues, alleys and other public thoroughfares thereof; declar- ing certain acts to be misdemeanors and providing penalties for the violation thereof; and repealing Ordinance No. 1118 of the City of Salina, Kansas and all other ordipances or parts of ordi- nances of said City in conflict herewith,` and repealing said Original Section 3." On motion of Commissioner Dyer the ordinance was read and and adopted by sections and on its final adoption the roll was called and the following vote was had; Ayes: Hargett, Dyar and Chambers (3) Nays: (0) The Mayor approved the same and is numbered 2963. The following resolution was introduced for second reading: dEREAS, The Union Pacific Railroad Company has tendereded to the City of Salina, Kansas a lease of portions of its right- of-way in said City, which said lease is in words and figures following, to -wit: "THIS AGREEMENT, made and entered into in duplicate, this day of 1924, by and between the nion Pacific 11ailroad Com any, a corporation of the State of Utah, (Hereinafter "Lessor'), party of the first part, and the City of Salina, Kansas, (hereinafter called "Lessee') party of the second part, 7ITN ESSETH: 1. The Lessor hereby leases to the Lessee for a period commencinf on the first day of November 1923, and terminat- ing twenty-five (25) years thereafter, unless sooner terminated in accordance with the terms hereof, the following described strips or parcels of land to be used for highway purposes only: A striv of land ten (10) feet in width, being all that part of the Lessor s right of way situate in the Southwest Quarter (MV -31) of Section Thirteen (13) Township Fourteen (14) South, Range Three (3) t"west of the Sixth Preinicpal Meridian, lying easterly of, parallel with and adjacent to the east line and the said east line pro4uced 1bf Block One (1) of Santa Fe nark Addition to the City of Galina, Kansas, and extending hortherly 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 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 gest Ralf (W-) of Section 'A•aenty-f our (24), Township Fourteen k14) south, `range Three (3) JIest of the Sixth Principal t'leridian, includ- ed between lines parallel with and distant respectively twenty (20) feet and Fifty (50) feet west, at right angles, frothe center line of the main track of the Lessor's hcrherson ranch, as said track is now constructer', maintained and operated, through, upon, over and across said Section `1-unety-Four (24), and extending 4 n�e 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 way, situate in the Southwest Quarter (S11� ) of said Section Twenty -Four (24) included between lines parallel with and distant respectively twenty-five (25) feet and fifty (50) feet west, at right angles, from said sent er line of main track of the 14c Pierson ranch, and extending southerly from said south line, produced easterly, of Claf lin Avenue, In said City of Salina, Kansas, to the south line of said Section enty-four (24). Also, a stri of land of irregular width situate in the Southwest Quarter (MB F111 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 line of main track, of the McPherson Brgnch, lying west of the Lessor's easterly right of way line that is parallel with and sixty (60) feet distant easterly, at right as, from the east line, and said east line produced, of Block One Ti)l of Santa Fe Park Addition to said City of Salina, and extending northerly from the south line of said Section Thirteen (13) to a line that it 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 Lesson's right of way situate in the Vlest Half (01j) of said Section Twenty-four (24), included between lines parallel with and distant respectively twenty (20) feet and fifty (50) feet easterly at right angles, from said centerline of main track of the 11cPherson Branch, extending from the north line to the south line of said Section Twenty-four (24) . The above described premises are shown outlined in yellow on the attached print marked "Exhibit A" and made a part hereof." 2. As a consideration for this lease the Lessee 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, not including taxes or assessments levied against the leased premises as a com- ponent part of the railroad property of the Lessor in the State as a whole; to keep the leased premises free from weeds and combustible material; to plant no trees or shrubbery, and to erect no structures thereon except rich as may be necessary for highway purposes; to put nothing upon the leased premises which might obstruct or inter- fere with the view; to provide such ditches, culverts, bridges and other structures as may be necessary to properly care for the drainage from s aid premises and the adjoining right of xray of the Lessor; and to hold the Lessor harmless from any and all d amages to any of such structures on said leased premises arising from fire caused dir,3ctly or indirectly by sparks of 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 premises which may result from the construction of drainage ditches or waterways by the Lessor. 3. The Lessor reserves the right to take possession of all or any portion of the leased premises whenever the use there- of may become necessary or expedient, in the judgment of the Lessor for railroad purposes, including the location of public or private warehouses, elevators, or other structures with the design to facilitate and promote traffic; PROVIDED, hoti.ever that in the event the Lessor elects to take possession of all or any portion of the leased premises in accordance with this reservation, it shall first serve upon the Lessee ninety (90) days' written notice of such election. Upon the expiration of the ninety day period men- tioned in said notice, the Lessee shall move the highway from the leased premises involved at its own cost and expense. 4. The Lessor resevres the right to construct, operate and maintain pole lines upon the leased premises, including the overhang of cross arms, and the right to cross said premises ,°!ith such reilroad tracks, as may be required for its convenience or purposes, in such manner as not to interfere with their use as a public highiNay. In the event the Lessor shall place tracks upon the leased premises in accordance with this reservation it shall restore the highway so occupied by its tracks to its former state of usefulness. 4 c_J 5. The Lessee shall not at any time use or permit the use by others of said leased premises for railroad or traction purposes , or use or permit the said premises to be used except for the usual and ordinary purposes of a street or highway. 6. This lease is subject to all outstanding 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 the same; and it is understood that nothing in this lease contained shall be construed as a covenant to put the Lessee into possession or to protect the Lessee in the peacebale possession of said premises. 7. For the purpose of protecting the reversionary interests of the Lessor against the assertion of adverse rights, the Lessee agrees to prevent encroachments upon the leased premises, and to this end will., at its ovrn expense, take all necessary action, including as far as practicable the building of its ditches on and the borrowing of earth from the outer margin of said leased premises. 8. If the Lessee should breach or foil to keep any of the covenants or conditions hereof, or fail to perform 3uch 0) covenants or conditions, or to remedy the same for thirty days a fter written notice of such failure or breach on the party of the Lessee, given by the Lessor to the Lessee, then this lease shall be null and void. 9. Nonuser by the Lessee of the leased premises for highway purposes continuing at any time during the term hereof for a period of eighteen t18) months shall, at the option of the Lessor, vrork a termination 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 period shall, at the option of the Lessor, work a termination of all rights and interests of the Lessee with respect to such portion. 10. 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 peacehble possession of said premises at the expiration of this lease. 11. All cevenants and agreements herein recited are made by the parties hereto, for, and shall be binding upon them- selves and their seccessors and a ssigns. It AND =--mREAS, it is considered that the best interests of said City of Salina, Kansas will be subserved by the accept- ance of said lease; TH ,REFORE, BE IT RESOLVED Bim' THE I:iAYOR AND COI.,MISSION- ERS OF T ?E CITY OF SA LINA, KANSAS That the terms of the lease submitted by the Union Pacific ailroad Compan3F be and the same are hereby- accepted in behalf of the City of Salina, Kansas; that the iayor of said City is hereby authorized, empowered and directed to execute said lease on behalf of said City, and that it be duly attested by its Clerk. J'dopted and approved, April 14th; 1924. (SEAL) ATtest: J. S. Hargett, Yayor Chas. E. Banker . ClerlE o. the City of Salina, Kansas. On motion of Commissioner Dyar the resolution was adopted as read and on its final adoptio the roll was called and the following vote was had; Ayes largett, Dyar and Chambers (3) Nays: (0) Public Liability Bonds were received from the Keberlein Taxi Company and C. 0. Sandberg, and on motion of Commissioner Dyar, same were accepted and ordered filed. On motion of Commissioner Chambers, Board of Commissioners adjourned.