St. Johns review. (Saint Johns, Or.) 1904-current, 1910-07-15

of said rights aud reservations to apply
to the tracks of Portland Railway, Light
aud Power Company now located on
said right OF way as we'll as those here.
after 10 be located or constructed there
on by said Portland Railway, Light and
Power Company, It's successors and as.
sgns,) and the right 10 stretch over up
on, along and across said right OF way
trolley wires, span wires, and feed
wires, with all necessary and convenient
appliances aud appurtenances, and the
| right To lay, construct, operate aud
maintain underground conduits ON said
| right of way with all necessary aud con.
yenient appliances aud appurtenances
| for the carrying Of said wires, or any
thereof under said right of way or any
part thereof, and all necessary and con.
ycnicnt rights, or reservations IN the
nature Of easements, pertaining 10 or
connected with the railway, street
railway, light or power busi.
ncss of the Portland Railway,
Light aud Power Company, its success
sors aud assigns, which may be ncccs.
sary or convenient To- be used by said
Portland Railway, Light and Power
Company, It's successors and as.
signs In carrying out is or
their corporate purposes, and there shall
be reserved further to the Portland Rail
way, Light and Power Company all
rights the said Company now has Ia said
right OF way for the purpose OF building,
maintaining and operating rail.
road or street railway and using
the said right Of way for all
legitimate railroad aud street railway
purposes, including the right TO operate
ears thereon aud 10 charge and collect
charges, fares aud tolls Tor transportation
Of passengers and freight carried ON such
ears.
Second; The said Portland Railway,
Light aud Power Company, It's success
sors aud assigns, shall forever be exempt
aud free from every aud all manner Of
assessments or costs for the laying out,
grading, paving improving, maintaining
or repairing of Pessenden street or any
pant thereof which has been heretofore
or may hereafter be opened, laid out aud
established over, across, along or upon
the said right Of way Of the said Portland
Railway, Light aud Power Company, or
over, across, or along any real
property adjoining 10 oT abut,ing
upon the said right OF way
OF the said Portland Railway, Light
and Power Company, except that the
said Portland Railway, Light and Pow
or Company, It's successors and assigns,
shall be subject 10 aud liable for the |
cost OF the actual work TO be done or per. |
formed by Il OF them ON It's or their track |
and the cost of all necessary excavations |
therefor which may he made below the |
sub.gTade OF said Fessenden street and |
the ballasting of said tracks, but in no
event shall the said Portland Railway, |
Light aud Power Company, its successors
or assigns, be subject To or liable for any |
assessment OF cost of grading, paving |
improving, maintaining or repairing OF
said fessenden street or any part thereof,
either that part lying between the rails
of the railway tracks OF said Portland /
Railway, Light aud Power Company, It's
successors or assigns, or theTeunto adj
joining OF any part thereof, all such as
sessments for aud costs OF laying
out grading, paving, improving,
or repairing OF said
Fessenden street, and every part thereof,
To be made against aud borne by such
real property other than the right OF way
of the Portland X hlway, Light and
Power company as may hereafter be di-
rected and determined TO be H.
able by the council OF the city
Of ST, Johns in accordance with
the terms OF the charter OF said city OF
It's successors.
Passed by the council this lath day of
July, 1910,
Approved by the mayor this 18th day
of July, 1910.
], u, HENDRICKS,
Mayor.
Attest; A, NJ. ESSoN,
Recorder
Published in the ST, Johns Review
July IS, 1910.