[Ord. 78-444 § 1]
Permission is granted to CPI Properties Midwest, Inc., to lay,
extend and maintain a side track in the City over, across and through
the following described real estate:
Commencing at the center of Section 5, Township 77 North, Range
3 East of the 5th P.M. in Scott County, Iowa; thence South 00°12'30"
West along the east line of the Southwest Quarter of said Section
5 a distance of 339.82 feet to a point on the northerly right-of-way
line of Buckeye Street; thence South 64°26'27" East along the
northerly right-of-way of Buckeye Street a distance of 343.80 feet
to the point of beginning of the easement; thence continuing South
64°26'27" East a distance of 90.00 feet; thence North 19°19'12"
West a distance of 28.23 feet to a point on the easterly right-of-way
of Stark Street; thence North 25°46'17" East along the easterly
right-of-way of Stark Street a distance of 10.00 feet; thence North
64°26'27" West a distance of 50.00 feet to a point on the westerly
right-of-way of Stark Street; thence South 25°46'17" West along
the westerly right-of-way of Stark Street a distance of 10.00 feet;
thence South 70°40'11" West a distance of 28.28 feet to the point
of beginning.
[Ord. 78-444 § 2]
The side track shall be constructed so as to provide proper
drainage on Stark Street and so as not to interfere with the drainage
of any other part of said street or the surrounding property. Grantee
shall also provide any necessary catch basins or culverts that may
be required by the City or its proper authorities and shall at all
times in the future conform to all or any improvements made upon the
said street by paving, curbing or guttering the same.
[Ord. 78-444 § 3]
The side track shall be used for the purpose of switching railroad
cars across said street. Railroad cars shall not be permitted to be
stored or to remain standing upon the street crossing by said track,
and at no time shall traffic on said street be blocked for a period
greater than allowed by Section 10.88.060.
[Ord. 78-444 § 4]
Grantee shall by proper inspection and maintenance, keep all
portions of Stark Street which lie within the real estate described
in Section 12.80.010 in good repair and shall at all times comply
with Section 364.11 of the 1977 Code of Iowa. The phrase "good repair"
means a smooth and level condition.
[Ord. 78-444 § 5]
The right-of-way granted by the ordinance codified in this article
shall be for a term of 27 years from the passage of said ordinance.
At the expiration of such period, all vested rights to the right-of-way
may at the option of the City, by 90 days' written notice of the grantee,
its successors and assigns, be terminated. If not terminated, the
City may require the removal of the tracks at any time upon reasonable
notice after expiration of the original term whenever, in the opinion
of the City Council, the public welfare so requires.
[Ord. 78-444 § 6]
The grantee, its successors and assigns shall hold the City
harmless from all causes of action, liabilities and damages arising
from the construction, maintenance, repair or use of the side track
and the property described in Section 12.80.010.
[Ord. 75-351 § 1]
Permission is granted to Continental Properties, Inc., to lay,
extend and maintain a certain side track in the City, over and across
the following described real estate:
Commencing at the center of said Section 5; thence South 00°12'30"
West along the east line of the Southwest Quarter of said Section
5, a distance of 325.99 feet; thence North 64°26'27" West a distance
of 56.06 feet to a point of curvature which is the point of beginning
of a 25.00 foot wide strip, 12.50 feet each side of the following
described center line; thence along a 477.50 foot radius curve, concave
southwesterly a distance of 210.81 feet onto Buckeye Street right-of-way
to a point of tangency; thence North 89°44'19" West along the
extended center line of an existing twenty-five-foot wide railroad
easement recorded on Lot 6 of Davenport Industrial Park Third Addition
to the City of Davenport, Iowa, for a distance of 39.11 feet to the
south right-of-way line of Buckeye Street; thence continuing along
said existing railroad easement on to Lot 6 Davenport Industrial Park
Third Addition.
[Ord. 75-351 § 2]
The track shall be so constructed so as to provide proper drainage
on Buckeye Street and Comenitz Drive and so as not to interfere with
the drainage of any other part of said street and under the supervision
of the public department of construction and engineering. The grantee,
Continental Properties, Inc., shall also provide any necessary catch
basins or culverts that may be required by the City or its proper
authorities and which shall at all times in the future conform to
all or any improvements made upon the street by paving, curbing or
guttering the same.
[Ord. 75-351 § 3]
The track shall be used for the purpose of switching cars across
said street and cars shall not be permitted to be stored or to remain
standing upon the street crossing by said track and no traffic on
the street shall be blocked for a period greater than three minutes.
[Ord. 75-351 § 4]
The right-of-way granted by the ordinance codified in this article
shall be for a term of 27 years from the passage of said ordinance.
At the expiration of such period, all vested rights to the right-of-way
shall cease and determine and if the grantee is permitted to retain
the use and operate said tracks thereafter, the City may require the
removal thereof whenever, in the opinion of the City Council, the
public welfare so requires.
[Ord. 75-351 § 5]
The grantee, its successors and assigns shall hold the City
harmless of and from all causes of action, liabilities and damages
occurring, whether by reason of negligence, mismanagement or default
of the grantee or from any causes whatsoever arising from the construction,
maintenance or use of the tracks.
[Ord. 75-351 § 6]
The grantee, Continental Properties, Inc., shall within 60 days
from the passage and approval of the ordinance codified in this article,
file with the City Clerk of the City its acceptance in writing of
the terms and conditions of the ordinance codified in this article,
and, upon filing of the acceptance within said time, said ordinance
shall take effect.
[Ord. 75-351 § 7]
The grantee, Continental Properties, Inc., shall have the right
to assign all rights and privileges conveyed by the ordinance codified
in this article to CPI Properties Midwest, Inc., an Iowa corporation,
or any other subsidiary or affiliated corporations. Such assignment
shall not relieve grantee of the obligations imposed upon grantee
by said ordinance.
