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HomeMy WebLinkAbout003 - 03/21/1910 - GRANTING TO THE COLORADO & SOUTHERN RAILWAY COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE A L AN ORDIITAI CF GRANTING TO THE COT ORADO & SOUTHE N RAIT`'TAY ('0103AAY, ITS SUCrrSSORS Aj,-4D ASSIGNS, THE RIGHT TO C.ONSTRUrT, MAINTAITT AND OPT'RATL+' A LINT 0'_' STATTDARD GAUGE RAILROAD IN THF CITY OF 'POT T ('OTTIITTS, AND GRkYTITTG TIIF RIGHT OF WAY TO SAID CO'.PANY, ITS SUrOT SSORS AND ASSIGNS, GVFR, ALO TG AND ACROSS rMRTAIN STRIi PTS A"-ND ATUYS OF THE CITY OF FORT COU ITTS, NVMY CHERRY STRF'RT, THE AIX4'Y TN 'BLOC(£ 332 PQAPLF STRFFT AND THE ALLEY IN BT OCx 32 BE IT ©RDAINm BY THT? rTTY COUNCIL OF THF ('ITY OF FORT COLTINS Section 1 That a right of wav be, and the same is hereby granted by the city of Fort rollins to The ('olorado & Southern Railwa,,r Company, its successors and assigns, to locate, build, construct, operate and maintain a single line of standard gauge railroad over, upoln, along and across tYe following described streets and alleys in the city of Fort Collins, to-9a�t Commending at a point on the main track of the Colorado & Southern Railviaj romnany's line of road from Fort Collins to Bellevue, in the south half of Block 34 of the ("itf of Fort r'ollins, thence in a south- eas+erly direc+ion over and across Cherry Sgtreet to the north line of intersec+ion of the alley in Block 33 with the south line of Cherry Street, thence southerly through the alley in Block 33 and over and across Maple Street to the alley in Blocb 3?, thence southerly through the alley in Block 32 to the northern line of La Porte Avenue, being the point of intersec+ion of said alley with said north line of La Porte Avenue With the right to connec+ said line of railroad by suitable spurs and side tracKs with any property along the line thereof, abu'ting upon said alleys, when so desired by the owners of such properties Together vith the right, privilege and authoritj to operate said rail- road line by steam and to transport freight, and do a general commercial railroad business thereon 4 Section 2 The Colorado & Southern Railway Corgany shall construct and overate its railway upon a gauge of four ( 4) feE t, eight and one-half (8-.Lj2) inches, and the track or tracks of said railway shall be laid on a level with the adjacent surface of the street cir alley After the construction of its track, the street or alley shall be promptly restored to as good condition as when the work of construction began. Section 3 Gaia Railway Oompany shall plank ite track and one (1) foot on each side of its rails, across said Cherry and IGaple Streets, 'S. (oaf for a width of * feet on such street crossings, and there- after maintain such planking in good order and condition, and whenever the City of Fort Collins shall, by ordinance, order Cherry Street or Maple Street to be paved, the Railway Company shall pave the space between the rails, and for two (2) feet on the outside of each rail, with similar material to that which may be used upon the adjoining portion of said streets, and shall thereafter maintain the same in good order and condition at its own expense Section 4 Said Colorado & Southern Railway Company shall indemnify ana hold harmless the City of Fort Pollins from any damage arising out of the exercise by the Railway company of the rights herein conveyed � Il AI��