The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-04-29

2ts0ye described. which, point = xixty-sFvsu
margin Of Railroad Avenue. and also one
! hundred eEaAty-three ns3i fact EofIner
from the soasherty marginal line 81 sasn
avenue, ard running theftcS y. - a Is
/ e. distance of TWO hundred thirty-nine
ard tyenGy-eight hundrestths ss5s - rect
and 10 the origin OF curve o. zine nun
sir~s ffty.ive and four tenths $50 fees
SOUTH through 1oss r. e." OF curya-
lure becomes tangent 70 the enter s nas
curry. 20 said point OF tangency.
Section 3. That the privileges grantees
20 the said grantee, its successors ana AS
signs. are upon the following eondaties1a.
f1-wit:
First: That this franchise shall lie Who'll
II VOID after November LIST. lss. unless
the grantee hereof shall have constructed
completed and have begun In good faith 10
operate an independent railway line BE-
tween Portland, Oregon, and Seattle. -rtor
70 said date, crossing the Columbia kiSer
BY either bridge or ferry.
Second: That said track or tracks shall
De constructed and maintained At such ell
ovation or elevations as the city couneI
may from time 10 time establish rs the
proper grade elevation for the streets and
avenues upon and across which q franchise
Section l. That whenever said track or
tracks shall cross or be crossed a. grade
by street now constructed or hereafter
from time to time. improve. plank Or re-
plank. pave or repave. macadamixe or re-
macadam ize. as the prox.mafe portions Oh
said street may be from time to time I'm
proved, pianked or replanked paved or
repaved macadamized or remAcadamtxed.
and Keep In repair and continuously main
tain al leas, fifteen fi5l feet Of said way at
said crossing: and whenever a double track
Is constructed across said street at grade.
said company shall in like manner from
time TO time improve. plank or replank.
pave or repave, macadamize or remacad-
amze. Keep in repair and continuously
maintain az least thirty fee, of said way
al
pianking, replanking, paving. repaving.
maeadamixing. remacadamizing, repair
half q e. X, feet on both sides of the GEN.
ter line OF such track or tracks.
AT every Travelled street intersection on
forming a ."r'' being included. as we'll as
those actually crossing. whers directed by
the city Of Seattle, the Grantees hereof
pense maintain. lights of equal power
with the lights maintained by the city
and of at least two thousand laooo) candle
power. and shall keep each of sail lamps
illuminated during the same hours of the
night during which any street lighting
system N said city may generally be in
sections upon or across which other rail-
read franchises may be operated. said
grantees shall he required 10 bear the
burden OF Its proportional part only. such
proportion 10 be measured by the number
OF tracks owned Or operated by each road
at each such intersection
Whenever the City Council shall BIZ or
dinance establish as the proper grade ele-
Nation for the roadway of any street or
avenue crossing the track or tracks Of the
railroad ops rated or to be operated on the
franchise hereby granted. an elevation
above the grade established for said track
or tracks. and the City of Seattle shall
have provided for the construction OF all
WIRES and approaches thereto. then the
SAID company. its successors ard assigns,
shall al the same time as the city con-
structs, build and shall thereafter main
tain vsaduc;s or overhead crossings over
such right OF way at such street cross
ings. said viaducts or overhead crossings
TO be built at such elevations of such ma
ter:als and In such manner as may be APP
proved by the city of Seattle: provided
that al no time shall the elevation he less
than vii! give safe clearance
Section .. That said grantee, it's sue
cessors and assigns, shall allow each own
er and occupant of the premises adjoining
and contiguous 10 this franchise. who shaft
nave received proper permit from the
Board of Public Works. a side track CON-
provided, however. that said side track
shall be constructed and kept In REPAIR by
and at the expense of said owner or occu-
pant and the same shall be subject to such
reasonable regulations as to opening ard
closing of switches as said grantee may
from time to time establish. and for the
purpose or anording such owners and &C.
cupants free access to and from their said
premises situated on either side or said
railroad such owners and occupants shall
have the right to put in and maintain
switches and railway crossings over the
tracks OF said grantee. In such manner as
may be reasonable. at the expense, as 10
the construction and repair. OF the nerscn
desiring to use the same, and subject 10
right and reasonable regulations, and said
grantee, It's successors and assigns. shall
not allow locomotives or cars to stand IN
on the tracks al any such CROSSINGS or 1t
any street crossing along said franchise
longer than may be necessary 10 MAKE
switches, or receive and land passengers
unless in case of accident
me rates charseab Die by said grantee. Its
or On carload lots destined over its iinr m
or from any point or points outside OF the
Guy s 9. seattle ,ea to merchants along the line
or this FRANCHISE owning such. sidetracks
or tracks as above designated snail nar~r
De create than schedule or terminal rates
c 20 nencsie inc said grantee. by It's ac-
agrees TO deliver upon said sidetracks such
carload lots billed to- and empty cars dss-
uned from Seattle. over their line with
ous o.her charge or compensa ton than
tnat expressed above. and in case ~ a vsn
iation on the part of said Grantee. lis
proyisisn p in assigns rafars OF the foregoing
charges. the said Grantee, its succsssars
or assigns, shan forfeit and pay to the
UVa.tV) dollars for each and every. 49,,
ton of this provision of this fra
whicn said sum may be recovered in q aiS,ii
cessors and assigns 80 'o.-
Section 8. That the City of Seaftla sh.r
retain the same control of the streets. ave-
.scf, 4
| railways shall be laid down 40 o,ha
streets, avenues and alleys and shall haya
! the right at all times by general ordinanea
| 10 regulate the speed or locomotives and
| trains Within the limits OF the riph, or war
| herein granted. and the maximum parso5
or tine for which locomotives cars ar
/ trains shall he allowed TO blockade trsvel
| across The streets embraced In said fran
| chise. or intersecting streets and shai,
! have such further control and police now
! ers over said right of way as the city
| charter and state laws permit
The said grantee, its successors and as
SIGNS, by us acceptance Of this franchis.
does agree for itself. its successors ana az
! signs. TO protect and save harmless fha
i city or Seattle from all claims actions or
damages OF every kind and descrfoiIon
/ which may accrue TO or be suffered by any
/ person or persons by reason of any desec
! tive construction or maintenance or I'm
proper occupation Of said right of way or
/ by reason Of the negligent operation, hy
said grantee. Hs successors and assigns OF
lis railway trains over the right OF way
hereinbefore described, and In case s,i.
| or action is commenced against said cIfy
/ for damages arising out Of or by reason Of
| such defective construction maintenance
OF improper occupat ton OF or negligent on
| Grafton, said grantee, It's SUCCESSORS and