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
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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.
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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.