Ordinance 208 - Acceptance of Ground for StreetORD INX CE NO — 208.
ANARDINKM RRIATIN9 TO AND ACMEPTINQ A STRIP . OF qROUND POR
ussay Tim allZY A&HWTRAVE1IWqPUBLIC,. YOR STREET PURPOSES
0N1!; NDR CERTAINAIMITATIONSY RESERVATIONS AND CONDITIONS;
AMMAROVIDUR FOR> , INATION OF SUC&USE UPM TBX v IL
4TIan CY THE TERMS OF THIS ORDMUCE.
WENREAS, The Great Northern Railway Company has offered to
ent er into, and .has executed, on its behalf, sub j ect to
its acceptance, ratification and execution on the part of the
City of Kalispell, the following contract, to -wit: -
"This Agreement, Made and entered into this Sth. day of
September, A.D. 1909, by and between the Great N rthern
Railway Company, a co oration duly organized and existing
under and by virtue of the laws of the State of Minnesota,
( her inafter called the Rail wad Company) the first party,
and the Cite of Kalispell, a municipal corporation of the
State ,o f Montana, N re inafter called the City) second. party;
I ITNESSETH: That the said Railway Company does hereby
give and grant unto the said City the right, privilege and
autiority to use for the purpose of a public street the fol.-
lowing described lands in the City of Kalispell., County of
Flathead, State of Xnt na, particularly bounded; and described
as follows, tewit: -
A strip of land Fifty (0) feet in width, extending from
the west sale of Fourth Avenue East to the east sti e. of Fifth
Avenue West, of said City of -Kalispell along the south side
of the right-of-way or station grounds of said Railway Company
and immediately adjoining the.pla.tted townsite of said City,
upon the terms, conditions and agreements, subject to the
restrictions and r sservations 'aereinafter set forth, to-w it: -
(l) . The ad id City is to pay thee xpense of removing all
buildings belonging to the Railwa y company, situate.lithin
the limits of the property hereinbefore described, t6a suitable
location on the Company's grounds adjacent thereto. The work cf
such removal is 'to be done by the Railway Company and the.
actual cyst thereof will be paid , by the City to said Rail y
C ommany upon demand.
(2). The said strip is not to be used in such manner as to
in anyway interfere with the loading and unloading of teams
at the warehouses and freight depot ad joingi.n said s trip`
€gin the slat ion grounds of said Railway Company,
(3) . 'The said Railway Company reserves the right to lay
town, maintain and ope rate its railway wa.y tracks in, across and
Tong said strip., and each and every portion thereof, but in
so doing shall conform as nearly as mat be to the grade of
said street, and. in the construction, maintenance and operation
of sid tracks the said company shall conform to any reasohable
regulations that :rasa be made by said City.