The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-10-05

ea:e. say dsw1 ana co1NS1u 80 - - more
s :. .;cre urca ard over certain pGnlN
sf-.ss. "a slsxys Of the city Of seestss
ne city Of seattle dces osoe,n . -; = .s.-srd
IN "a sseSsie. Lake shofc Eastern saisus
so.rxnr- Is successau aud aenenss tns -
s-d snthoriry eyss de strip o. And 80 49,
ss-~ses IA a,seys a,oxs& the ccurse nersana.1s1
5000 70 locate. construct Ay dcwe. I'LL
tain And operate standard kaase $3.50. r =
.,si.s.sr sd cresase such raiiwsy. upon tae
.n-ss,sc-.s rrsxcrs ee6 IL this ordinance !.
-. ma. tie following il osscrpnua o.
-. ssssre Eastern railway company, ifs sue
cxsscrs and assigns town.: ..s~..,~ 40
ss-in AZ and 50 le<e IA With. concssine =.
sf.en l feet s.ssn 1s f conssad0 3 so!loxs
,o~usf- Re<iunins 81 point AIRY sssd a w. w.
e. asx.r-sy 81 the center line OF khiroea ~
aue and two hsncrsd ana my " yss,,y avenue.
vrclueef, thence ncrihwardls. Las.a.s. go, ans.
,ss-sy Srvrr -, feet eastusrc.y irSm re esaasa
line OF Railroad avenue IS ss1aeu = ,.s.h The
re-ter ire al the right OF way OF TIE Ssats.e'
I.Ir shore 4 Eastern Railway Company, a. 1s
scrlhed hy ordinance No. - o. 80 4 r.,tern
r.ss.sr scrsrsny shall he liable 70 the owhs.
Of property shnssing upon saia sree1 snS
siseys Ter al d.nages csused uy sne az .rc.
down Of sasd tracks by said company, Is ~ -.
ssssars ana sss:gns. in the manner PROVIDED iof
bv law. ,-.,,sa =, said
ssstsls take shore & Eastern Railway company
s.s s,sss.s~-r r ana sssgns. are upon the follow"
ing conditions, to-wif. .s. .,,s
ys-sr-Thst ssid company. its successors aisu
assigns. shall allow essn awn rsx ~ =, ~ the
street in and aiong which saia railway saaa ~
eonsrryrrsee side track. connecting saiu Iaa.
way with me wsses ,Ss, seh side tracks shah
K roTssyursad ana kept in repair by ana AZ iee
expense OF such wharf owner OF occspsns, ~
tine same shall be subject 10 ssea .sSsuus -
rules and regulations as 10 the opShIus . anu
cso.srg ~ syxitruek a. said company may ifon
ti,re 10 time establish: and for the purpose ~
aEerdfng such wharf owners aho oceu..nS
free .cTess TO and from their wha.ves, w.
horses and manufactures. situated on eltaet
side Of said railway. such wharf owners anu os
cspanis shall have the right TO PUT IN soa 10 a,i
,ayIs switches and railway crossings over tne
tracks az said company, IN such manner ~ MY
be reasonable, q; the expense OF the person ue
string to use the same. Us 20 ccnstsSc,aou -
repair and also subject TO Ike reasonaoie ruies
Sc sece,,a@Tha, the rights herein granted by
this ordinance shall not operate 70 deprive any
person or company ownias Q. e as anx rSnsrsn
water front or littofal rixhis, or OF sny fgnis;
excent to the and and space expressly granted
10 said railroad company, itS suecessofs ~" %"
Ths.d!T Thai ssia railway shall be constructed
on q common level with the whafves along saIu
rich, Of way as said lsyel , now Is o o. a,e
Focrth-That wherever said TACK or TRACES
shall be crossed by wharf now consfuc'eu' OF
10 be hereafter constructed, said company. i.s
Successors or assigns. shall plank and keep IN
repair at least fifteen feet OF its way at srch
crossing; ana whenever double track - con-
structed across such wharf, SAID COMPANY, Its
Successors or assigns, snail PLANK ana Keep Ia re-
pair the fuI 20 feet across such wharf. and the
owners or occupants of sach wharf shall have
the ri shs 10 use said right OF way AZ al umes,
except when trains are passing over IL
Fifth-That said railway company. It's sue
cess RS aud assigns. shall no: allow lis loco
motives or cars 20 stand upon the tracks on any
be n.eessary 10 make switchipgs, make up or
divide trains. o. 10 receive ana land passengers,
or TO load and nniosd freight, without the con
sent al the oEper or occupant OF sucu wEaII,
unless In case OF accident or unavoidable de
Sec. 4. That the city of Seattle shall retain the
same control over the streets and alleys In when
said railway shall be laid down Is over other
streets sni alleys of sai1 city, and shall have the
right 70 regulate the speed OF trains within the
limits OF the right of way herein granted; and
said company shall not run trains over sara
right of way at q higher rate OF speed than
eight miles an hour, or as may hereafter be pre-
Acribed by ordinances.
Sec. 5. That hereafter any other railway COM
pany or companies. that shali have frs been
granted by the city of Seattle, right OF way
over the strip OF land hcreinbefore described,
shall have the right. so far as the same may not
be inconsistent with, or an interference with the
rights and privileges herein and hereby granted,
or heretofore granted TO the said seattle. Lake
Shore 4 Eastern Railway Company, TO the com
mon use of said tracks, over said rig' of way,
for the running OF its or their trains thereon,
upon the payment To said Seattle. Lake shore d
Eastern Railway Company, its successors and
assigns of such monthly or annual rental or
compensa alton may be just and equitable. and
subject 20 reasonable rules and regulations re-
gardiug he joint use of said tracks, and In such
manner as not to obstruet impede or interfere
with the transaction or dispatch of The business
Of the said Seattle, Lake Shore & Eastern Rail
way Company. And in case such railway COM
pany. or companies, cannot agree with said
Seattle, Lake Shore 4 Eastern Railway Company.
its successors or assigns upon the terms of pay
menf of the compens stion TO be paid for the use
81 said tracks aforesaid. the controversy respect.
ing the amount of rental to be paid TO the
Seattle. Lake Shore 4 Eastern Railway Company.
It's successors and assigns, for the privilege OF
the rse of that portion OF its tracks aforesaid
ana the terms and conditions OF such use, sh all
be submitted to arbitration in accordance with
the laws then in forcs in Washington territory
or in the state TO b created from said territory.
aud such submission shall have the same force
aud binding effect upon the parties thereto. as
shall be provided by said laws in other cases OF
arbitration.
See g. That in the operation of said railway.
the said Seattle Lake Shore q Eastern Railway
Company, its Successors assigns, shall have
the right to use steam power, or any other motor
that said company, It's successors or assigns,
may deem besr.
Railway Company, its successors or assigns shall
have the right to construct. maintain aud ope-
rate spurs, or sice tracks from It's main track or
tracks 10 wharves, warehouses or other build
ings on either side OF its said right OF way. aud
in so doing 10 cross the track tracks OF any
other railroad company, provided. that in no
case shall said company its successors assigns
take or occupy any more intervening space on
said railroad avenue for such spur or side track
than may be necessary to cross over to such
What, warehouse or other building. nor shall
such spur or side track ever be used for any
other purpose than for such crossing. nor longer
for any enc time than may be necessary 10 cross
over the same, and provided. further. that said
city shall have the right 10 requisite and desig-
maize the position of sll side tracks, spurs ana
switches constructed by said company and to
change the location OF the same as The common
council of the city may deem expedient,
Sec. That any other railway companv or
companies, engaged As common Carrier OF
freight and passengers. and having right of
~ay over said railroad avenue. or any part
thereof from said city OF Seattle shall have the
right to cross the track tracks of said seattle
Lake Shore & Eastern Railway Company. within
the limits of It's said night OF way sabjec. 70
reasonable rules and regulations and II, such
manner not TO obstruct the transaction or dis
patch OF the business Of the said Seattle, Lake
shore q E~s'ern Railway Company
sec. 2. II IL expressly ordained hereby that the
acceptance by the said Seattle. Lake Shore A.
Essiean Railway Company, or its su cessors or
assigns, Of the rights, privileges and frnuchises
conferred By this ordinance. she'll operate as an
immediate and absolute surrender OF the righ;
Of wsy heretofore granted under ordinance 800.
Of said city. or otherwise TO the said rails
COMPANY, in that portion 81 old Railroad ave-
rue the Same was established hv o-dius,S,
No ses Of the city Of s. sstle from Madison st-,
south 90 the south line Of Columbia stree. .nd
also of the right of way acquired or claimed ne
IL under ordinance No Sos OF said civ 80 -,
crossing Columbia street ard il Is fnrthe- o..
dsiaed that the saId Seattle, Lake shore 4 vast
ern Railway Company. It's SUCCESSORS ar sssiv-s
shall oa or before I'VE wears from the passage o.
this ordinance. constructs, is track or tracks on
that pogsIen 81 the right OF way herein granted
between Madison street and Union s;-ee. -
thAf mon The building % lis track o. t,.nkI1