said railroad in such a manner as to furnish reasonable accommodations to the public; to pay, or cause to be paid, all taxes and assessments that may be lawfully levied or charged against the said railroad property or any part thereof; and, upon the expiration of the term of this lease, to return the said railroad and property to the first party in as good condition and repair as they were at the commencement thereof. The second party, in addition to the foregoing, and as rental for the use of the said railroad and property, agrees that, after paying the expenses of operating, renewing, replacing, and maintaining the same, including reasonable improvements, and additions thereto, taxes, rentals, and all other proper and reasonable charges, it will apply its net income, if any, derived from its operation of said demised railroad, to the payment of interest on the bonds or indebtedness, for the cost of the construction of its road, for which the first party, or the property owned by it, is liable, or is obligated to pay. In Witness Whereof, the parties hereto have caused their corporate names to be hereunto subscribed by their respective Presidents, and their corporate seals to be attached and attested by their respective Secretaries, the day and year first above written. On the 21st day of Decr. A. D. 1906, before me appeared D. Willard, to me personally known, who being by me duly sworn, did say that he is President of the Northern & Southern Illinois Railroad Company, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said D. Willard acknowledged said instrument to be the free act and deed of said corporation. [SEAL] J. H. PETTIBONE, Notary Public in and for said County and State. My commission expires, March 12th, 1910. On this 21st day of December A. D. 1906, before me appeared Geo. B. Harris to me personally known, who, being by me duly sworn, did say that he is the President of the Chicago,. Burlington & Quincy Railroad Company, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Geo. B. Harris acknowledged said instrument to be the free act and deed of said corporation. [SEAL] J. H. PETTIBONE, Notary Public in and for said County and State. My commission expires, March 12th, 1910. DEED, December 1, 1908, Northern and Southern Illinois Railroad Company to Chicago, Burlington & Quincy Railroad Company. Indenture, Made this First day of December, A. D. 1908, by and between the Northern and Southern Illinois Railroad Company, party of the first part, and the Chicago, Burlington & Quincy Rail Road Company, party of the second part, both being corporations created, organized and existing under and by virtue of the laws of the State of Illinois. Whereas, The first party, being thereunto duly authorized by law, is the owner of a certain railroad, hereinafter described, in the State of Illinois; and, Whereas, The railroads of the parties hereto connect, and make a continuous railroad; and, Whereas, The second party is now in possession of and operating the said first party's railroad, in connection with its own railroad, under a lease for twenty-five (25) years, and has offered to purchase the remaining interests, property, and franchises of the first party in and to its railroad, upon the terms and conditions hereinafter stated, which have been agreed to by the directors of both the said companies, and approved by the stockholders owning and holding two-thirds in amount of the capital stock of each of said companies, in manner and form as required by law: Now, Therefore, This Indenture Witnesseth: That the said first party, for the considerations hereinafter expressed, by these presents does grant, bargain, sell, convey, release, assign, and transfer, unto the said second party, the following described railroad, property franchises and privileges, to-wit: Its certain railroad beginning at the point of connection with the railroad of the second party, in the Northwest Quarter of Section No. Nineteen (19), Township No. One (1) North, Range No. One (1) East, at Centralia, Marion County, Illinois, and extending thence in a southerly direction through the counties of Marion, Jefferson, Franklin and Williamson, to the point of connection with the railroad of the Chicago & Carterville Coa! Company, in the Northwest Quarter of Section No. Nineteen (19), Township No. Eight (8) South, Range No. Two (2) East, at Herrin, in said Williamson County, a distance of about Fifty-two and thirty-three onehundredths (52.33) miles, together with all side tracks and connections, and spur or branch tracks to various coal mines in said counties; Together with all road-beds, rights of way, bridges, depot and terminal grounds, of the first party, and other lands or interest therein; station houses, buildings, and structures of whatsoever kind; leaseholds, rights under contract and licenses; locomotives, cars, and other rolling stock and equipment; telegraph lines, supplies, tools, and materials; rents, profits, income; and all other property, real or personal, of whatsoever kind and wheresoever situated, now owned by the first party or hereafter to be acquired, whether appurtenant to its railroad aforesaid or otherwise. Also all rights, privileges, immunities and franchises belonging to the said first party, except its franchise to be a corporation. To Have and to Hold the same to the said second party, its successors, and assigns, forever. In consideration of the foregoing, the said second party covenants and agrees with the said first party that it will equip the said railroad, or cause the same to be equipped, and will maintain and operate the same, or cause the same to be maintained and operated, in such manner as to furnish reasonable accommodations to the public; that it will pay, or cause to be paid, all taxes and assessments that may be lawfully levied upon the said railroad and property, or any part thereof; and will assume and discharge all contracts, debts, liabilities, and obligations of whatsoever kind, both principal and interest, of the said first party, as they may severally mature; and that it will pay to the owners and holders of the capital stock of the first party ten (10) dollars for each share of their said stock, upon the presentation and surrender of the certificates therefor. And, to the end that the second party may have, hold, use, exercise, and enjoy the railroad and property and franchises of the first party, hereby conveyed and intended to be conveyed, and whether now existing or hereafter acquired, as fully as might be done by the first party, if this conveyance had not been made, the first party agrees to execute from time to time any additional assignment, conveyance, or assurance, and to perform any act, which the counsel of the second party may advise; and, for the purposes aforesaid, the first party agrees, if the second party shall so desire and advise, that it will keep up and maintain its corporate existence and organization. In Witness Whereof, the parties hereto have caused their corporate names to be hereunto, and to one other original, subscribed, and their corporate seals to be affixed, by their respective Presidents, and said corporate seals to be attested by their respective Secretaries, the day and year first above written. [SEAL] Attest: Northern and Southern Illinois Railroad Company, H. W. WEISS, Secretary. Witness to signatures of D. Willard and H. W. Weiss: [SEAL] J. M. DERING. Chicago, Burlington & Quincy Rail Road Company, Attest: T. S. HOWLAND, Secretary. Witness to signatures of George B. Harris and T. S. Howland: L. B. LARSEN. On this third day of February A. D. 1909, before me appeared Daniel Willard, to me personally known, who, being by me duly sworn, did say that he is the President of the Northern and Southern Illinois Railroad Company, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said D. Willard acknowledged said instrument to be the free act and deed of said corporation. [SEAL] J. H. PETTIBONE, Notary Public in and for said County and State. My commission expires, March 12, 1910. On this fourth day of February A. D. 1909, before me appeared George B. Harris, to me personally known, who, being by me duly sworn, did say that he is the President of the Chicago, Burlington & Quincy Rail Road Company, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said George B. Harris acknowledged said instrument to be the free act and deed of said Corporation. HERRIN & SOUTHERN RAILROAD COMPANY This company was incorporated under the General Law of Illinois by Articles dated June 25, 1909. By the second section of said Articles this company defined its road as follows, to wit: "It is proposed to construct, acquire, maintain and operate a railroad from a point at or near the town of Herrin, in the County of Williamson, State of Illinois, from a connection with the railroad of the Northern & Southern Illinois Railroad Company; thence extending in a southerly direction through the Counties of Williamson, Johnson and Massac, a distance of about 57 miles, to a point on the Ohio River on the boundary line between the States of Illinois and Kentucky, opposite or near the town of Metropolis, in said Massac County, Ill., with the right as a part of said railroad to construct, use and maintain a bridge across the Ohio River as may be authorized by the laws of Congress and of the State of Kentucky." It was organized at Chicago, August 31, 1909. It built from a connection with the Chicago, Burlington & Quincy Railroad at Herrin Junction, Illinois, thence southerly to a connection with the Chicago & Eastern Illinois Railroad at Neilson, Illinois, and from a connection with the Chicago & Eastern Illinois Railroad at West Vienna, Illinois, thence southerly to Metropolis, Illinois, a distance of fifty-eight and forty-seven one hundredths miles. From Neilson to West Vienna, Illinois, fifteen and seventynine one hundredths miles, operated under trackage agreement with the Chicago & Eastern Illinois Railroad Company dated June 1, 1910. It was completed and opened for traffic October 15, 1910. By lease dated October 19, 1914, the Herrin & Southern Railroad Company leased all of its railroad property to the Chicago, Burlington & Quincy Railroad Company for the term of twenty-five years. In 1914 this company conveyed all of its property to the Chicago, Burlington & Quincy Railroad Company by deed dated October 29, 1914. |