St. Johns review. (Saint Johns, Or.) 1904-current, 1912-07-12

to the City & Suburban Railway Com
pany by deed recorded in Book POS
page %, Records of Deeds, Multno
NAH County, and also right of wa,
thirty feet in width previously con
veyed to the City X Suburban Rail
way Company by Reuben Weeks, trus
tee, and Clarissa Weeks. his wife, b,
deed recorded in Book 307, page AIS
Records of Deeds, Multnomah County
on which said strips of land the Port
land Railway, Light and Power Com
pany now maintains and operates 9
street railway.
| further submit herewith the plat
marked Condemnation of Dawson
Street, Exhibit 'A,'p showing the sur
vey made by me of said Dawson Street
as Council proposed to lay out, open
and establish the same with the pro
posed boundaries thereof and the tracts
of land to be appropriated therefor.
Respectfully submitted,
c. h. ANDREW,
City Engineer.
Now, therefore, the City Of St
Johns, Oregon, does ordain as follows;
The survey, plat and written report
in connection with the proposed open.
ing, laying out and establishing of
Dawson street sixty feet In width
throughout its entire length from the
southeasterly line of Columbia Boule.
ward easterly 20 the center line of Ida
street, with the exception of strip
of land fifteen feet In width on the
northcrly side of and contiguous 20 aud
parallel with the thirty.foot right of
way of the Portland Railway, Light
aud Power Company, lying between
the casterly line Of Tyler Street as
now located and the westerly live OF
Buchanan street rs now located, and
known as the Caples Tract, but includ.
ing the said right of way thirty feet
in width of the Portland Railway.
light aud Power Company, Is hereby
approved aud adopted, subject, how.
ever, to the following conditions. res.
crvations and cxcmptionsi
First; There shall bc reserved 10
the Portland Railway, Light and Pow.
cr Company. its successors aud as.
signs, an exclusive aud perpetual right
Of way for railway. street railway aud
electrical purposes. over. across. along
aud upon It's said right of way so 10
Ice appropriated and condemned for
street purposes M hcreinhcforc set
forth, together with the right 20 To-
cate, construct, equip, repair. operate
aud maintain over, across, upon and
along said right Of way an electric
railway or street railway OF either
single track or double tracks with the
right 10 change from single track
To double tracks, or to change from
double tracks 10 single track, aud
all necessary aud convenient switches,
side tracks, turnouts. crossovcrs aud
connections. aud the right 60 operate
aud propel ears along aud upon said
track or tracks hy means of electrical
power or other improved mechanical
power GALL Of said rights aud rcscrya.
tions to apply 10 the tracks Of said
Portland Railway, Light aud Power
Company now located on said right of
way NJ we'll a- those hereafter 90 De
located on said right Of way or con.
structed thereon by said Portland Rail.
way, Light aud Power Company, it,
successors and asslgnu), and the right
To stretch over, upon, along aud across
said right Of way trolley wires, span
wires and feed wires, with all ncccs.
sary aud convenient appliances aud
appurtcnances, aud the right 10 Law,
construct, operate aud maintain under
ground conduits on said right OF way
with all necessary convenient appli.
nnces aud appurtenances for the ear.
rying Of said wires, or any thereof,
under said right Of way. or any part
thereof, aud all other necessary and
convenient rights or reservations la
the nature of easements pertaining 20
or connected with the railway, street
railway, light or power business Of
said Portland Railway, Light aud
Power Company, It's successors or M.
signs, IN carrying ont It's or their cor
porato purposes, aud there shall be re-,
served further 10 the Portland Rail
way Light aud Power Company all
rights the said company now has la
said right of way for the purposes Of
building, maintaining aud operating IA
railroad or street railway aud using the
said right of way for all legitimate
railroad and street railway purposes,
including the right 10 operate ears
thereon aud % charge and collect
charges, fares aud tolls for the trans
portation Of passengers aud freight
carried ON such ears
Second. The said Portland Railway.
Light and Power Company. its sue,
cessors and assigns, shall forever be
exempt aud free from every and all
manner Of assessments or costs for
the laying out, grading, paving, i'm,
proving, maintaining or repairing of
said Dawson street or any part thereof
which has been heretofore or may
hereafter be opened, laid out aud es.
tablished over, across, along or upon
the said right OF way of the Portland |
Railway, Light and Power Company,
OF over, across or along any aud all |
real property adjoining 20 or abutting |
upon the said right Of way of the said |
Portland Railway, Light aud Power |
company, except that the said Port |
land Railway, Light and Power Com.
pany, its successors and assigns shall |
be subject 10 aud liable for the cost |
Df actual work 10 be done or per
formed by IL or them ON its or their
track, aud the cost of all necessary OK
'avatiOns therefor which may be made
below the sub grade of said Dawson
street aud the ballasting of said
racks, but in no event shall the said
Portland Railway, Light and Power
'Ompany, its successors aud assigns be
'ubject to or liable for any assessment
n cost of grading, paving, improving,
maintaining or repairing of said Daw.
ION street, and every part thereof TO
le made against and borne by such
eal property other than the said right
II way of the Portland Railway, Light
md Power Company as may be here.
Ifter directed aud determined TO be
liable by the Council of the City of ST.
IOhns in accordance with the terms of
he charter of said city or its sue