The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-03-08

q lid Railroad arcane being un-fp<uE1y Gtxfy-
esgaf feet 70 The wsGterzy of the esstexiy msrx-
inaI line Of sasd Railroad avenne. sid dzsennce
Of dxsye5gAf fees bs1ng measured 90 . line at
right angies - ssid ens<ersy line Of sasd axenue
Also, In addition thereto. the right IL hereey
granted 60 eros al streets. svsnses snd alleJs
lying IL Dearbogn's seccod. Dearborn % Plum
r,sr. yrdkxass4 Dearbornss third. John Lezry'A
EeSSnghfs fhirsi. Dearbczn's sou,th snt Ctsy
Front additions to the city Of seassies between
Railroad avenue on the west ana Grant
street on the east. and Weller
street On the north ard HiH street
On the south. with track or seTerai tracks on
tire following described Line. o. IS near thereto
~ proper syseem Of TRICKS would render rrac-
ficable: Beginning ~ . point In Railroad ave
nue ssxty-eixhs 1881 feet westerly. neasared II
night angles frcn the eastefiy line thereof on
the norsheriy liae Of King street. thence curv-
ing southeasseriy with . fsdins OF s55 feet dis
saace OF go feet, thence soafbessterly 245o feet
10 the north line OF street. thence curytng
sGEfhersy with radius of $50 feet distance OF
SO feet 70 the center Of South Sinth street as .
pcint 100 feet south Of the south tine of Addition
street.
Also the Hight to ,ay. maintain and operate .
double track railroad from sale point in the
center Of South Ninth street along said South
Ninfh street to Liberty street It's continuation.
thence slcnx the center of Liberty street 70 the
soafher.y city limits
tN4z the f3xESS n&fEf2 Sr44keA IRE upon k2e
following conditions. towis.
l. That said company. It's successors and ~
signs. shall allow each owner or occupant OF .
wharf contiguous TO said railway, or 10 the
street IN and slong which the said railway shall
he constructed. q sife track connecting said
railway with the warehouses upon said wharf;
provided. however, that such side tracks shall
be constructed and kept In repair by and at the
expense OF such wharf owner or occupant. and
the same shall be subject to such reasonable
rules and regulations as 70 the opening and
closing Of switches the company may from
time 70 time establish And for the purpose Of
affcrding such wharf owners and occupants free
access 10 and from their wharyes. warehouses
aud manufactures situated on their said side
tracks 20 said railway, such wharf owners and
occupants shall have the right TO put In and
maintain switches and railroad crossings from
the tracks OF said company in such . manner
as may be reasonable, at the expense OF the per-
son desiring to use the same as to construction
and repair. and also subject to like reasonable
rules and regulations as said company may from
time 10 time establish.
2 That the rights herein granted by tits or
dnance shah not operate to deprive any person
or company claiming 10 own water front or lit
tora rights, or OF any rights, except to the land
and space expressly granted to said railway
company, its successors and assigns by this or
cinance.
common level with the whsryes on said right-of-
way, said level Is now or may hereafter be es-
tallshed By the city OF Seattle.
4. That wherever said track or tracks shall
cross or be crossed By . wharf, now constructed
or hereafter to be constructed, said company.
it's successors and assigns. shall plank and keep
In repair ~ least fifteen {l5l feet OF Its way st
such crossing, and whenever . double track 10
constructed across any such wharf, said COM,
pany. its successors or assigns, shall plank and
keep In repair thirty (s0l feet Of its way across
such wharf, aud whenever four tracks are con-
structed across any such wharf, said company, its
successors or assigns. shall plank and keep in
repair the fall sixty t60) feet OF its way across
sach wharf. and the owners or occupants OF
such wharf shall have the right 20 use said
right-0f way ct all times, except when trains
are passing over II.
5. That said railway company, its successors
and assigns. shall not allow its locomotives or
cars TO stand upon the tracks along said water
front, except long enough TO do necessary
switching, make up trains or to receive and
land passengers or load and unload freight with
out the consent OF the owner or occupant OF
such wharf. unless In case OF accident or other
unavoidable delays
g. That on or before August l, 1890. the said
Seattle & Montana Railway Company, its suc-
cessors or assigns. shall begin the conStruc-
ton OF . standard gauge railway to run from
the city OF Seattle in general easterly direction
across the Cascade mountains, by some conveu-
lent and practical route to the eastern boundary
OF the state Of Washington.
:. That unless stop ped or delayed by some I'M
usual proceeding, or restraining order, in pro-
curing or using its right-of-way. or any part
thereof, or tn constructing or operating any part
OF its road. or anless delayed by any unusual or
extraordinary occurrences. or storms, freshe.s,
snow blockades, or other like delays, said rail-
way company, its successors or assigns. shall
have fifty 100 miles ct its railway constructed
ana ready for operation on or before the LIST day
of August. 1891. and shall have acontinuous line
rom Seattle, over, across and through the Cas-
cade mountains TO tho eastern boundary line OF
the state sf Washington. constructed and ready
for operation on or before August ], 1898.
s. That from aud after the construction OF said
railway, Is aforesaid, said Seattle Il Montana
Railway Company, its SUCCESSORS Or assigns,
shall continuously operate the same or cause il
to be operated, aud shall run at least two trains
on each secular day over the entire completed
portion OF the main line of such railway, from
some convenient point or points IN the city OF
Seattle, TO the eastern terminus aforesaid, unless
prevented therefrom by unusual or cxtraordi.
nary circumstances, storms, snow blockades.
freshets. or other act Of God.
That the city of Seattle shall retain the same
control over tho streets and alleys in which said
railway shall be laid down IS over other streets
and alleys, and shall have the right, by general
ordinance, to regulate the speed of trains within
the limits Of the righs-of-way herein granted
That hereafter any other railway company
constructing standard gauge railway TO Sc
attic. upon receiving franchise from this city.
shall have the tight 20 the common use of said
tracks in the Aforesaid riehfof-way for the run-
ming Of its trains thereon. upon the payment 10
said seattle Montana Railway Company, its
Successes or assigns. OF such monthly or an
nusl rental aud compensation a. may be lust
and equitable, and suhjec. to sseh reasonable
rules and regulations as NAV be consistent with
the prior right OF said seattle Il Montana Rail-
way Company, its successors or assigns and
sach a. shall not interfere with or impede the
dispatch and transaction of the bnsiness of said
Seattle 3 Montana Railway Company, its sue
cessors or assigns
Aud Ia case the said railway company cannot
agree with the said Seattle & Montana Railway
Company. It's successors or assigns, upon the
terms and compensation 10 he paid lor the
use 81 said tracks. as aforesaid and
controversy respecting the amount to
be pasd 70 said seattle Montana
Railway Company, its Successors or assigns. for
the privileges OF the OF is tracks a. aforesaid
ard the conditions, terms and regulations of
such ne, steh controversy shall be submitted
to arbitration according 10 the laws in fo-rs In
Che state Of Washington. and such submission
sbeN have tie same force aud binding Arert
npoa the parties thereto as shall b. provided t,
sach laws in ether cases Of arbitration
That in The operation OF said railway. the said
Sea'sie & Montana Railway Company. its enc.
cessors and assigns. stall have the rizhs % use
steam power, or any other motive poEe~ that
ssla COMPANY its SUCCESSORS or assigns, may
sfersr heS.