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HomeMy WebLinkAboutOrdinances Book 8, Page 546, No Ordinance NumberNo. 546. AN ORDINANCE AUTHORIZING AND PROVIDII'TG FOR A CONTRACT BET"LEEN CHICAGO, ST. LOUIS AND NEW ORLE;"NS H;iIi�ROAD COMPaNY aND M,; CITY OF PADUCAH. BE IT ORDikINED BY THE GENERAL COUNCIL OF THE CITY OF PADUCAH: i SECTION 1. That in consideration of the mutual benefits and advantages to the city of Paducah and the Chicago, St. Louis and New Orleans ;Railroad Company, the Mayor of Paducah is hereby authorized to enter into !.a written contract with the said Railroad uompany, which contract is in i the following language and terms, to -wit: This agreement made and entered into this the _day of December, A. D., 1925, by and between the Chicago, St. Louis & New Orleans Railroad Company, on the one hart, and the City of Paducah, in the State of Kentucky, on the other part, witnesseth:. WHEREAS, there is now pending before the General Council of the City of Paducah awaiting passage, a certain proposed ordinance for the closing of sundry streets, a copy of which proposed ordinance is hereto attached marked Exhibit "A" and made a part hereofs i 1. The Chicago, St. Louis & New Orleans Railroad Company hereby agrees that for the consideration and upon the condition that said ordinance, in substantially its present form, shall be duly passed and i ;!adopted by the General Council of the City of Paducah, and that such legal proceedings be had by the uity, as is provided by Section 3094 of the haw of Kentucky, and if a final decree or judgment of court shall be entered in such proceedings in accordance with the provisions of said Section 309 , and if said streets and alleys, embraced in said proposed ordinance, and each of them, and all parts thereof shall be in pursuance of such ordinange and Court proceedings, vacated and closed, so that all public rights ther - in shall cease and determine, then and in that case (but not otherwise) and in consideration thereof, the said Chicago, St. Louis & New Orleans Railroad Company shall and will, and hereby covenants and agrees, that it i� will take all necessary steps to effectually accomplish the following results: (a) It will make an irrevocable dedication to the City of Paducah of easements for street and high -way purposes for general public use upon, over and across the following described lands: So much of its land between 11th and 12th Streets as would be I included between the North and South lines of Kentucky Avenue, if said Avenue were extended across said land. Also, a strip of land 40 feet wide extending Southwardly from Kentucky Avenue to Goebel Avenue; the Westerly line of said strip of land beginning at a point in the South lint, of Kentucky Avenue 485 feet ':!esterly from the intersection of said South line witil the old Cite Lit,.its of i Paducah and running from s.iid point Southwardl,' on a line forming an angle on the Southeast of 90 .degrees, 184i' minutes, with the South line of Kentucky Avenue, said line intersecting the Southerly line of Lot 1, Block "A", Baumer addition, at a point 103.7 feet Westerly from the Southeast corner of said Lot 1; and also a strip of land 20 feet wide on the ,.vest side of and adjoining the above described line at all points between Kentucky Avenue and Goebel Avenl ;here said railroad company is now the owner of such land. (b) It will join with the City of Paducah in the establish- ment, construction and improvement of a neer street from the place where Coxey Street, if extended, would cross the main track of s'.tid railrcad, ',+estwardly on the Northerly side of and along and upon the right of way of the Railroad Company as shown on the plat attach- ed hereto and marked Exhibit "B" to the point ;;here Cald:rell Street I, crosses the tracks of said Railroad Company North of the Union Passenger Station in the following manner: The City of Paducah shall acquire the necessary land for said new street except in -so -far as said street is located upon land now owned by the Railroad Company jand shall assume and pay for all damages to property that may be caused by the location, construction and improvement of said new street between the points referred to. After the City has acquired i� the necessary land for said street the Railroad Company will grade it to a grade conforming approximately to the grade of its trach where,. the new street crosses said tracks at Coxey Avenue and at Caldwell i Street and to a width of 40 feet on top with the usual side slopes of 1Q to 1. The Railroad Conpany will also surface it with gravel to a .,idth of 30 feet and a depth Of 6 inches, after which said qRailroad Company shall be relieved of any expense for the maintenance of said street, the said City hereby assuming ttny and every obliRat:ion pertaining to such maintenance. (c) It is ernected that the City of Paducah will acquire the necessary land to make said proposed street between Kentucky Avenue and Goebel Avenue the full width of 60 feet at all points, but whether so acquired or not, the said Railroad Company* shall grade' said street to a suitable grade to be established by the City corres- ponding with the grade on Kentuc'.:y avenue and Goebel Avenue, and will • thereafter surface it with gravel to the depth of 6 inches, in width i' of 40 feet, or less if directed b the City, J, after which the City � I shall bear all expenses of maintaining sa..•i street. (d) The City of Paducah shall assume and pay .for all damages, if any, to property that may be caused by the closing of the streets and alleys referred to in Section 1 of -the proposed ordinance and the t NO. 548. construction of the new street bet.-jeen Coxey Street and Caldwell Street and the new street between Y,entucky Avenue and Goebel Avenue and shall forever indemnify the Railroad Company against any such damages. The City of Paducah will also acsume the expense and pay the cost of all suits brought against the Railroad Company for the recovery of such damage, it being understood that in case of any suit the Railroad Company will give ample notice to the City of said suit for the purpose of enabling it to make a proper defense, Drovided that Tennessee Street shall be left open for passage until the new road -ways or streets herein provided for shall' be made available for Public use. IN '."ITNESS !THEREOF, the said parties,hereto have caused the due execution of this contract by their duly authorized officers t"lls day of December , A. D. 1925. ATTF,ST: ATTEST: CHICaGO, ST. LOUIS & NE''.! OHLEANS R. R. CO. i BY Vic R'r,SI ENT. i CITY OF PA,DUC_IIi BY IritlYOR. `�- SECTION 2. The L?ayor is hereby authorized and directed to sign and execute the said contract for and on behalf of the City of Paducah, and the City Clerk shall attest such execution and shall affix the corporate seal of the City to :such contract. SECTION 3. This ordinance shall take effect an and after its passage, upon condition that said Chicago, St, Louis & New Orleans Railroad Company shall accept this ordinance in writing within sixty days after its passage.