The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-06-17
RIGHT-OF-WAY CASE.

nens - TIE PsLsse.
SarrLE, June 10Th.
To THE Enron. On the i3sh inst.
the Posr-lSrELIiGKscEs coniaines.
the following local item under the
heading A Peculiar Case
Suit was brought tn the district couys
yesterday by the seattle, Lake SaYore 4
Eastern Railway eamrAHy against ]. Gard
nsr Kenyon. About a year ago. the COM
psny quit claim deed 10 the right-ofwav
thirty feet wide on the water front along
the property belonging 10 Kenyon The
company alleges that Nj Kcnyea had the
deed recorded unknown to them and be-
fore they hnd time to examine II. and that
u contained clause unknown TO shen.
giving 10 Mr.. Kenyon the right TO pile 10
the westward Of tie rsxht-of-way to deep
water practically over the right-of way
he decided 10 the company. Ths complain
ant wishes 10 have such rights dissolved.
The following appears ON the men,
orandum fee book for 1856 and ISIS,
In the Office OF the recorder of King
county, page 60: 'Right-of-way deed
from J. Gardner Kenyon to Seattle.
Lake Shore & Eastern Railway, filed
April I'D, 1ss7. fee 81 so, filed by Burke
& Hailer. Instrument taken out aud
receirted for by Burk & Halter, per r.
n. II, April 9th, iss5."
The deed was written by Hon. J. X.
kinnear, sealed. signed and delivered
in the presence OF two atfesting Wit
nesses. on March 5fh, 1857. II was
properly acknowledged and accepted
by the company, and they were salts
fed with il and paid Mr.. Kinnear
500 for his services. There is no inti-
nation that the deed has been altered
or changed by anyone. or that il is
imperfect In any way. The recording
does not effect the force. validity, or
obligations vi the deed as between the
parties.
There is no doubt but the company
took time and found opportunity to
read the granting clause in the deed,
for they have some time since entered
into possession Of the premises, and
executed the privileges conferred by
that instrument, without interruption
from their grantor. he being firmly
bound and obligated. during the four
teen months last past, and to their APP.
parent satisfaction, but not until quite
recently had they knowledge of stipu-
lations. conditions and reservations
contained in the deed. They are SUR
prised, and ask equity. | had very
little TO do In preparing the deed. /
was informed, and believed il to be
similar to other deeds which bank
owners had given to railroad COM
panies in Seattle, and that the front
ergers were not to interfere with the
right Of way granted the railroad COM
pany, nor the railroad company TO in
tcrfere with the right of persons own
ing land adjoining the navigahle
waters, 10 build wharf on their own
land and extend the same to deep
water" or other riparian rights.
Following is copy OF the stipula
tons and reservations contained in
the deed:
First--That second party, Its successors
and assigns. are 10 allow said party Of the
first part n side tract connecting the said
railway with the ware houses and such
wharyss ~ he is or may be the owner of.
the same TO be constructed and kept la re-
pair by said FIRST party hts lessees. heirs, ex
ccutors. administrators or assigns.
s.eoad.--That the fight-of.way so quit
claimed as aforesaid shall not in any way
be construed as drpriying the said party OF
the first part Of any literal OF RIPARIAN
right. or right of xay rights. except SO far
as such right of way extends the said
party OF the first part re<crsing the right TO
wharf euf In front of said railway and 10
otherwise use the space On each side of
said right OF way the same as II said right
of way had uos been released ans quit
claimed. and Il liz agreed he shall have
that right without let or hindrance or any
obstruction 10y or on the part OF second
party It's successors or assigns directly or
Indirectly.
Third. That said rad Is 10 be construct
cd by said second party ~ a. to be en- a
common level With the sharses along the
atef front Of said City Of seattle.
faurth--fisat said company, its success
soss or assigns, when said railway crosses a
wharf now or hereafter constructed On the
premises Of second party. shall plank aud
keep n repair ~ least l. feet OF said right
Of Nay OF 10 feet aud when a double track
IL coassFae .sd over said right Of way the
said company constructing or operating
the same, shah plank and keep IN repair
the ensirc right af way over said wasrSes
aud the same may be used by first party for
ali eonserieui and necessary purposes con
neeted with mis- premises, except when
trains asV passing over H.
Fifth-TBat sad railway company, its
successors or assigns shall not allow its
locomotives or cars 10 stand upon the
tracks GA any wharf of firss party. along
side water front, longer than may he
necessary without ihc consent Of the owner
or occupant of such wharf. unless in case
OF accident or unavoidable delays
make this statement for the intor-
nation of the public,
a KENYON