1941 (#1096-1110) - Laserfiche WebLink

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,SECTION 2: That the foregoing grant is hereby made upon the following conditions: (1) That the grantee will at no time assert or claim any right to maintain tracks cr appurtenances in said street~ except under and by virtue of the ~erms of this ordinance. (2) That the grantee shall, at its own cost and expense, construc~ said tracks and appurtenances in a manner satisfactory to the OXty Engineer of said City, and shall thenceforth maintain and keep the same in good condition and repair e (3) That the grantee shall, upon demand, at its own cost and expense, change the size or location of said tracks or portions thereof, and/or appurt- enances, or remove the same, or any portion or portions thereof, entirely if and when such change or removal may be determined by the City Engineer to be convenient or necessary in the proper improvement, maintenance and/er repair of said thoroughfare or for uses of owmers or occupants of private property adjacent thereto. (4) Tha~ the g~antee shall, and by the acceptance hereof expressly agrees, to indemnify and save b-~nless the City from any and all loss, cost or ~-,.-ge which the City or any otb-er person or persons may suffer or sustain by reason of the ~nst~-uction, maintenance-or use of said tracks and appurtenances, as well as from any and all Judgments which any person or persons may recover from the City by reason cf any such loss, cost or damage. (8) That the grantee shall not assign or transfer any right granted hereunder without the written consent of the City first had and obtained, nor shall it perm~it the said tracks or trackage to be used by any other person, firm or cox~oration. (6) That the line of their said tracks across the said streets herein- before named shall conform in all cases to the established grades of said streets where such grades, before the .same shall be laid, have been established; and in all, cases the said tracks shall conform as nearly as practicable to the natural grades of the streets over and across which they may be constructed, and when at any t~me any portion of said streets shall be graded, paved or otherwise i~prcved~ or the grades or improvements thereof cb~uged or altered by authority of said city, the ~al4 tracks shall be, by said railroad companies or their assigns, made to conforms to such grades so made, changed or altered if required by the Cotmcil of said City, (7) It is further made a condition hereof that the City of Santa Aha expressly reserves the right to ~ade, sewer, pave, macadamizes repair, improve or alter said streets or any part' thereof, a~d to use said streets fo~ any public purpose, including the right to lay down pipes for water, gas, or other purposes therein, The ~antees herein shall use the rights herein granted in a manner to injure or obstruct the street and c~ossings as little as possible, The tracks shall be kept constantly in repair by grantees in and along said streets and at all crossings flush w~th the streets, and paved or improved between lines two feet outside of the outside rails to conform to the pavement and improvement in the balance of street; and to grantees agree to provide and maintain all storm water