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4485b 9 t. +1.• .. 4 ORDINANCE i©. 4495. AN ORDINANCE GRAITM BIGS'i' -02 -WAY OVER AND ALONG CERTAIN STREETS AND A=4 zp THE CITY OF LITTLE ROCKS ABTANBA89 TO THE MISSOURI PACIFIC RAILROAD COMPA](Y, ITS SUCCESSORS* LESSEES AND ASSIGIS AAD PREOCKBING THE TFMM ANA CONDI- TIONS OF SUCK G$M0 BB IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF LITTLE SOCK, ARKANSAS: SBCTIQa 1. That the right -of -way be and the same is here- by granted to the Missouri paoifio Railroad Company, its suooes- sore, lessees and assigns, to looate, oonstroat, maintain and operate a main lead railroad traok from a point on its existing amain or side traoYs north, Of Bast Sixth Street near the Bast Sixth Street subway under its tracks, in a westerly direction to and across MoLean Street at a point approximately one hundred twe ty -five (125) feet north of the north line of B t*• -14. Street, and oontinning westerly to and across Byrd Street at a point approximately one hundred twenty -nine (189) feet north of the north line of Best Sixth Street; theme continuing in a northwesterly direction across Blook Fifteen (16) of Reotortown- Addition to the City of Little Boor to the intersection of East Fifth Street or Capitol ATOMS with Collins street; thence oon- Itinniag in a northwesterly direction across Bast Fifth Street or Capitol Avenue and Collins Street at an angle across the intersection thereof to a point on the north side of Bast Fifth Oreot or Capitol Avenue., approximately thirtw -t R,ree. { t most of the west line of Collins Street; thence oontinuing In a northwesterly direction across ,Blooi ]Tine (9). of Rsctortown Addition to the City of Littls Book to the oast line of R601k*r Avenue at a point approximately one hundred eighteen (115) feet south of the South line of Bast Fourth Street; thence ©ontinging in a northwesterly direction across Rector Avenue and the eorth- 4 J s east quarter of Block Twenty (20) of pope's Addition to Kittle Book, and morose Fast Fourth Street to a point on the north boundary of Bast Fourth Street approxiss tely Forty (40) feet east of the east aide of Ferry Street; thence continuing in a northwesterly direction across the southwest quarter of Bloch Thirteen (13) of Pope's Addition to the City of Little Book and across Ferry Street to a point on the west line of Ferry Street approximately fifty (bo) feet north of the north line of Bast Fourth Street; thenoe continuing northwesterly and westerly across the south half of Block Foarteen (14) of pope's Addition to the City of Kittle Rook and the alley in said block, to the east line of Sherman Street approximately one hundred twenty -five (125) feet north of the north line of Bast Fourth Street, and to looate, oonstraot, maintain and operate spur tracks and sidings from and connected with said main lead track as following deserib- ed, to -wit: + f A spur track from a point on said main lead track approxi- mately at the east boundary of Byrd Street is a westerly direction across Byrd Street and Block fifteen (15) of Reotortown Addition to the City of Little Book to the east boundary of Collins street. Another spar track from a point on said main lead track at approximately one haadred fifteen (1lb) feet southeasterly from the east boundary of Collins Street, in a northwesterly direction at an angle across Collins Street and Bast Fifth Street or Capitol Avenue to a point near the 3o utheast corner of Block Fine (9 ) Beotortowa Addition IW, the City of Little Book; thenoe mart --baOS R, ly across said Block nine (9) Reotortown Addition to the City of Little Book to the east line of Rector Avenue. Also another spur track from a point on said main lead track at approximately eighty (80) feet southeasterly from the east beau. dary of Collins Street in a northwesterly direction at an angle across Collins Street and Bast Fifth Street or Capitol Avenge to point on the north boundary of Bast Fifth Street or CapitolAveno S i 4 i ,P w� approximately one hnndrdd fifteen (115) feet Most of the Meet Sid S of Oollins Street; thence continuing in a northwester ly and west ,. Orly direction to and across Rector Avenue at a point approximate thirty (30) feet north of the north line of zest Fifth Street or Cspitol Avenue and through the south part of Block Twenty (Sp-) Of Pepe'S Addition to the City of Little Book, and across the alloy is said Block, to a convenient point in said Block to be Selected by the grante*. Also nine other spar or switch tracks from points.to be selected by the grantee between the aforesaid main lead track and last aforesaid spur track; thence in a westerly direction across Collins Street, ]last Fifth Street or Capitol Avenue, Block line (9),v of Rectortowm Addition to the City of Little Rook,and Rector Avenue at points to be selooted by the grantee betwesi the aforesaid train lead track and the last aforesaid- spar traokq and westerly across Blocks Twenty (x3), Nineteen (19) and Eighteen (16j, of Pope's Addition to the City of Little Rook and the alle therela and across Ferry Street and Sherman Street ii the City of Little Roost at locations and grades and to points to be selected by the grantee, all for the Un of fifty (50) years, the said tracks at the aforesaid orossinge of McLean, Byrd, Collins, last Fifth and East Foarth streets, Rector Avenue and oa that part of Ferry Street between Third Street and Fourth Street, shall be on grades Shown by the pleas heretofore filed by Missouri Pacific Railroad Company with the City ]lngineer of the City of Kittle Boo and now on file with this oriimnoe, Mhiojt grades are hereby adopted and approved. SEQTZ4l 5. For the grant aforesaid the Missouri paoifio Railroaq Company shall pay to the City of Little Book nix Rnndrel ($600.00) Dollars per annsm for the tore of this grant payable annually in adyanee, first payment to be made on the let day of the oalendar month following the beginning of oonstraotioa of tracks west of the main line track of the Chioago, Book Island h t s` i -4- ' pacific Railwpy ®ompatsy, and oentiASe thereafter annually oA the met day of the same oalendar month in each year thereafter. BECTIQlI 3, The grades of Yelean and Byrd Streets between Capitol Avenue or Bast ?iftit 8trect and Bast Sixth Street, and of Collins Street between Bast Fourth Street and Bast Sixth and of East Fifth Street or Capitol Avenue between Reetor Avenue and Byrd Street, and of Beotor Avenue between East Fourth and Bast Fifth Street or Capitol Aveeae are hereby established to con- form, to the grades of the crossings of the track@ over said street , as shown by the plans heretofore filed by the granteo with the Cit; Ugineer and now on file with this ordimnoe, and immediately upon the construction of said tracks the City of little Book will refon and replace said streets between the points aforesaid so as to make the grades thereof conform to the grades herein established, and the reasonable cost and espeAss to said City of so changing the grades of said streets shall thereupon be paid by the grantee 'te -Ii 1d City, provided that In so changing th4 grades of said streets between said points the strsste, side-walka and Serbs sha ,be replaced in the some manner and of the same or as, pod material Jas now existing on said streets, and provided farther that the its* agrees to and will indemnify and save harmless, t%G city of H little Rook from all damages and expense of every nature whatso- clever arising from or by reason of the change in grade of any streets or sidewalks Wein mentioned. 8E0TI431 i. Said tracks shall by the grantee be made to cca- fom to the aforesaid grades at the crossings thereof of KvLoaa, Dyed, Coliine, Bast Fifth and fterth Streets, Renter Avsi t` am Ferry Street, or an said grades may hereafter by the City be law* fully altered and established, so that the top of the rails ass, a level with the street grade, and the grantee shall construct maintain suitable crossings on said streets for public travel said streets across its tracks in accordance with the laws of State of Arkansas as now or hereafter existing. The grantee t 4 a -G.. agrees to pave Reotor Avernse between present ourb lines and free south boundary of Fast Fourth Street to north boundary of East Capitol Avenue and maintain same with material and of a oharaoter of pavement to be seleated by grantee provided aame shall be of a good oharaoter as that maintained by the City of Little Roost oa Reotor Avenue from East Capitol Avenue to Bast Sixth Street. SECTIOJ $. This ordinance shall be in forse from and after its passage. passed: September 23, 1929- Attest: A eed: rn// City Clerk. mayor. I