Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-01-25

~ Csoerses o. PslsoG ooa Capoeo9
La. asA % 0e vJsssoea ~ tee Lei
- Apssl
Lass vear the owners Of the city water
ftbnt granted and conveyed to the Ore
ron and rranseonsinenta Railroad
Company and the Columbia and Puget
Sound Railroad Company q right Of
vsy for q single or double track rail-
road. thirty feet in width, for . nominal
consideration and the covenants and
conditions hereafter stated Until a
few days ago bot little work vas done
in that direction. However. the con-
tr.c, for the piline and Gaping has
been let - H A. Atkins, and Ne are re-
hably informed that that portion of the
work will be completed by the first day
Of April. If not sooner. The road will
cross King street at the foot Of the 10
cline, and will keep along near the
shore. crossing Mill street near Charley
McDonald's blacksmith shop and inside
VI Yesier's mill, and continue on down
TO the companies water front property
in North Seattle. In order 70 clear
the track" the company are moving
the building joining McDonald's black
smith shop ous of the way. The old
senate saloon building will be torn
down and the building west Of it moved
over 70 take it, place. On the opposite
aide of Mill street the Home restaurant
- A~l uAuv>a cutnrsS hntt@,vu
will be torn down, and it is expected
that by the FIRST Of May loaded cars
from New York aud other eastern cities
will be strung along the city front.
The conditions on which the property
holders granted this right Of way will
be interesting at this time, hence We
publish them in full
First-rhst the said companies, their
successors and assigns are TO allow each
wharf owner . side track connecting the
said road with the warehouses Of suoh
wharf owners, the side track to be con-
structed and kept in repair by the wharf
owners or occupants along said water
front.
Second-That the right of way 80
granted shall not in any way be con-
strued - deprivinQ the occupants Of lots
along said water front of any riparian
rights, or any rights except SO far Al
such right Ut way extends. The said
owners and occupants reserve the right
to wharf ous in front of said railroad
and Il 10 agreed that they shall have thai
right without objection by or on the
part Of said Railroad Companies, thsil
successors and assigns.
Third-The said road is to be CON
structed by the Railroad Companies 80
~ to be on q common leyel with the
wharves along said water front.
Fourth-That the said companies
their SUCCESSORS and assigns, where said
track CROSSES q wharf nov or hereafter
to be constructed, shall plank and keeE
in repair at least fifteen feet of said
right o: way, and whenever a double
track il constructed over said right OF
way, then the oonpany or companies
constructing or operating the same shall
plank and keep in repair the entire
right Of way over said wharvss, and ths
same may be used by the wharf owners
at all tirnes except when trains are pass
ing over 1t.
Fifth-That said Railroad Compan
les. their SUCCESSORS and assigns, shall
not allow their cars 10 stand upon the
track on any wharf along said watel
front without the consent Of the Owner
Of said wharf.
Sixth-A deed granting said right OF
way il 10 be executed and delivered BY
the said parties of the first part to thu
said parties of the second part when
ever both or either Ut said parties Of the
second part have constructed stand
ard gage railroad across the Cascade
mountains from Seattle, or STANDARD
gage railroad from Seattle to any point
ON the Northern Pacific Company,
constructed line; provided that If any
other railroad shall first construct saic
or q similar road or roads, said com
pauy shall have and be entitled to thu
benefit of this contract, and the rights
of the party Of the second part therein
shall be forfeited.
Seventh-The right Of way hereby
agreed to be granted to the Oregon 4
Transcontinental Railroad Company
aud the Columbia i Puget Sound Rail
road Company 10 to be granted in trust
upon the express condition that any
other railroad company constructing Q
railroad to Seattle shall have the right
TO the joint use of the railroad tracks
which may be constructed by said com.
panies, or either Of them. their success.
sors or assigns, upon said right of way
under such regulations and upon the
payment Of such compensation therefor
AZ may be Just and equitable, and il
case any suOh railroad Company cannot
agree With said Oregon6 rranscontinent
al Railroad Company and the Columbiu
4 Puget Sound Railroad Company, OIL
either of them, or their successors or as
siens, a. tho case may be, for the use Of
said railroad tracks and AZ to the man.
Nor aud conditions of sail use and thu
compensation to be paid therefor, thu
terms, conditions and regulations OF
said use upon which such other COMPANY
may occupy and use said tracks and
the compensation TO be paid by it fol
such use shalt Do asocrtained and deter
mined BY three commissioners who shall
be citizens and freeh0lders of the Ter
ritory Of Washington. and shall be ap
pointed BY the court having equity
jurisdiction in King county, upon the
petition Of said company desiring such
use. and upon ten days notice to the
company OF companies owning said
tracks. which notice shsll be served ID
like manner as . summons in an orriin
airy action. such commissioner shall
make their report within the time and
in the manner to be prescribed in the
order Of their appointment, and before
entering upon their duty they shall be
sworn to honestly and impartially per.
form their duties a. soch commissioner
and the Court may in the exercise Of III
discretion, for the misconduct Of the
commissioners, or she parties, or for any
informally. or when the same appears
70 be unreasonable, or impracticable, OF
70 have been given under the influences
Of passion Or prejudice, set asids such
report and require such commissioners e
amend the sanie or make = further ~.
port ~ may discharge such commits
siouers and appoint others in their
stead. Such report, II not Get aside, OF
soch amended or further report, shall
b confirmed by the Court. And such
confirmation shall be nnal, binding and
conclusive mp N the parties thereto; and
theeeupoa the corporation doairino
such use shall be authorized TO occupv
and NE such railroad tracks upon paw
ment BY such company the compeusa-
tion required 70 be paid therefor and
upon the terms, conditions and reCula.
tons contained in the report of said
commissioner. That said commission.
ere shAll mot include in their report the
wharvea. Warehouses and private prop
erty OF the Oregon and Transconfi-