The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-12-31
CONTINUED from First Page.)

ond street, the center line OF which
track shall be sevenand f1ve-tenths
(7.5) feet distant at right an
giles easterly from and parallel to the
westerly line of said Columbia street
and right of way therefor fifteen
(15) feet in width along said west
erly line of said Columbia street
the center line of which right of way
shall be coincident with the center
line of the track hereinbefore men
toned and described.
Section 3. In the operation of the
track authorized by this ordinance
said grantee, its successors and as
signs, shall have the right to use
steam power or any other motive
power that they, or either of them
may deem suitable, subject to the
reasonable control and regulation OF
the City Of Wenatchee.
Section A. The City of Wenatchee
shall retain the same control of the
streets, avenues, alleys and other
public places in and across which
said railway track authorized by
this ordinance shall be laid down, as
over streets, avenues and alleys, and
shall have the right at ali times by
general ordinance to regulate the
speed of locomotives and trains with
in the limits of the right of way
herein granted, and the maximum pc
riod of time for which locomotives,
cars, or trains shall be allowed to
blockade travel along or across the
streets embraced in this grant, and
shall have such further control and
police powers over said right of way
as the laws of the state of Washing
ton may permit. The said company
shall at all times be subject to all
reasonable regulations in the con-
struction, use and operation of it's
railroad within the limits of the
City of Wenatchee and under it's
management or control as shall be
authorized by law or imposed by or
dinance. The said city reserves to
itself and to such public or private
corporations or persons as shall own
or have charge of any public utili-
ties the right to carry all water
mains, sewer mains, gas mains, con-
Quits and other public utilities I'M
derneath the track herein author
lied, and, also, the right at any and
all times to enter upon said right of
way and open the ground, for the
purpose of construction, mainten-
ance, repair, alteration and inspec-
ton of any such public utilities,
said right, however, to be in all cases
so exercised as not to interfere with
the safe operation of trains on said
tracks. and in all cases said work
shall be conducted under the super
vision of said grantees chief engin-
eer, or his duly authorized agent or
representative; Provided, however,
said Chief Engineer, or his agent or
representative, shall be ready to take
charge of the supervision of said
work within fifteen 15) days after
written notice so to do is served
upon and received by said chief en-
gineer. general manager or division
superintendent of said grantee by
registered mail.
Section 5. Whenever the railway
track herein authorized shall be
constructed along, over or across any
graded or improved street, avenue,
alley or other public place, the
grantee, its successors and assigns,
shall restore said graded or i'm
proved street, avenue, alley or other
public place to its original condition
within ten 10) days after the COM
pletlOn OF such construction, and
shall at its own cost and expense,
whenever any street, avenue, alley or
other public place, along, over or
across which the track is built, is
improved by said city, improve all
that part thereof which lies within
its right of way, said work to be done
in as good and substantial manner,
with like material, and at the same
time as the adjoining parts of said
street, avenue, alley or other public
place are improved by said city; Pro-
vided, that said grantee, it's success
sors or assigns, shall be served with
written notice Of the city's intention
to so improve at the same time that
notice Is given to the public of such
intention, and shall also be served
by said city at least twenty 600
days prior to the commencement of
such improvement, with a written
statement of the general character
of such improvements, said notices
to be served by registered mail upon
the chief engineer, general manager
or division superintendent of the
grantee; and, in case the grantee, its
successors and assigns shall fail to
complete said improvement within
the limits of it's right of way, as
aforesaid, within ten (1O days after
the completion of said improvement
on adjoining parts of such street,
avenue or alley, then, and in that
event, the city shall have the right
to go upon said right of way and
construct and complete said improve
ment, at the cost and expense of said
grantee, its successors or assigns.
Section 6. The said grantee shall,
in the construction of it's lines of
railway, over said right of way here
in granted, conform to the grades es-
tablished by said city along said
streets, avenues, alleys or other pub
lie places; said city reserves the right
/ to change the grade of said streets,
avenues, alleys, or other public
places, with due regard to the rights
of said grantee, its successors or as