Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-12-24
ORDINANCE NO. g..

An ordnance granting to the Grays
Harbor & Puget Sound Railway Com.
pany, it's successors and assigns, the
right and priviIe,e to lay down, con-
struct, maintain and operate railway
tracks in. along, upon, over and across
certain streets and public places with.
in the corporate limits Of the Town Of
Cosmopolis, in Chehalis County, State
OF Washington, and to construct, main
tain and operate telegraph lines and
telephone lines in. over and along the
same.
Be it Ordained by the Council of the
Town OF Cosmopolis:
SECTION l. That the Town OF Cos.
mopolis does hereby grant to the Grays
Harbor & Puget Sound Railway Com
pany, its successors and assigns, the
right, privilege and authority to lay
down, construct, equip, maintain and
operate standard gauge railway tracks
for main and switching tracks, together
with all and singular the necessary side
tracks. spurs, terminals and operating
facilities, with all other appliances neces.
sary for the operation OF the same in,
along, upon, over and across the streets
and public places in said town hereinafter
mentioned and described, to.wit:
A right-oiway thirty (30) feet in width
along and over Second Street in said
Town, being Is feet in width on each
side of the following described center
line Beginning at point where the
center line Of Second Street produced in
tersects the northwesterly line of X
Street thence southeasterly along said
center line and said center line produced
of Second Street to the point OF intersec.
ton of said center line OF Second Street
with the center line OF B Street; thence
on line curving to the left leaving Sec
ond Street at or about the intersection OF
A Street with Second Street on a con-
tinuing curve to a point near the center
of Myrtle Street between Second and
First Streets, being about 140 feet north
easterly from the intersection of the
center lines OF Second Street and Myrtle
Street; thence on tangent south $50
so east, crossing Maple Street and First
Street to point near the center line OF
Alder Street between First Street and
Front Street: thence on a curve to the
right to the southerly limits OF said city
in Block o about midway between First
Street and Front Street, said point of
exit being further described as on the
line between Sections IA and %, Town.
ship II North, Range West W. M,
and being South $50 46' East 7O4 feet from
the quarter corner between said sections;
said railway tracks to be constructed on
the lines Of the present survey over the
rights OF way above described, as appears
by the map thereof ON file in the Office OF
the clerk of Cosmopolis;
Also the right, privilege and authority
to construct, maintain and operate on or
over and across said streets above men,
toned, telephone or telegraph sys-
tenn, or both, and to erect and maintain
telephone or telegraph poles, or both,
and to run. suspend, maintain and
operate wires for telephone or tele-
graph system, or both, on, over and
across the same. Provided, however,
that the council may hereafter require
all telephone or telegraph wires to be
placed underground.
SEC. 2. That the right Of way herein
granted shall be understood to require
the roadbed of said railroad track or
tracks to be constructed to conform to
the street grade and said right OF way
between X and A Streets on Second
Street to be securely planked or paved
so as to make convenient roadway for
vehicles operated with horses or teams,
and ssid grantee shall cooperate with
the town in constructing all necessary
sewers, drains and other street improve
ments. said planking or paving shall be
done within thirty days Immediately fol.
lowing the laying Of the first rail on said
street.
Sec. 3. 1t is hereby expressly under
stood that no exclusive right is granted
to the said grantee; that is to say, the
council reserves the right to permit said
track or tracks to be paralleled outside OF
the limits of the grant hereinabove men,
toned, or crossed by any other company
with its tracks, and also reserves the
right to designate where cars may or
may not be allowed to stand and for
what length of time.
SEC. 4. That the grantee, its success
ors and assigns, shall and will protect
and save harmless the town OF Cosmopo-
lie from all claims, actions or damages of
every kind and description which may
accrue to or be suffered by any person or
persons by reason Of any defective con.
etruction or maintenance or improper
occupation Of said rights of way, or by
reason of the negligent operation of said
grantee, its successors or assigns, OF it's
or their railway trains over the rights of
way herein described; and lin case any
action or snit shall be begun against said
Town for damages arising out OF or by