Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1922-01-27
NOTICE OF sHERiFF's SALE
In the Circuit Court Of the State Of
Oregon for Lincoln County

a corporation, Pla1nt1n.
vS.
Yaquina Electric Company, Cor
poratioI Guy Roberts, Fred Horning
Kilham Printing & Stationery Com
pany, a corporation, and Credit Service
Company, a Corporation, Defendants
BY virtue of an execution, decree
and order Of sale issued out of the
above entitled court in the above en-
titled cause to me directed and dated
January 10th, 1922, upon a judgment
and decree rendered end entered in
said court on January 7, 1922, in favor
of the plaintiff, Portland Trust Com.
pany Of Oregon, and against the de.
fendant, Yaquina Electric Company, a
corporation, and likewise against the
property hereinafter described, for
the sum Of $66,000.O0, together with
interest thereon at $50 per annum
from August Is, 1919, and for the
further sum Of S350000 attorneys fees.
together with the costs and disburse.
ments of this suit, and by which said
decree and execution, reference TO
which is hereby made a part of this
notice, have been and am thereby
commanded to sell the following des-
cribed real and personal property 10.
Gated in Lincoln County, Oregon, and
within the jurisdiction of said court
to-wit:
(a) Lot One Q), Block One (1), Ora
hams Sixth Addition to Toledo, Lin
coin County, Oregon, together with
the generating plant, building, tools,
implements and equipment contained
therein and thereon.
(b) Beginning at a point on the Sec
tion line 1890 feet south of corner of
sections Z s, II and IS in township II
south Of range 10 west Of Willamette
Meridian in Oregon, running thence
north so degrees 40 east PIP feet;
thence south degrees 32' east PIP
feet; thence south 10 degrees AZ west
213 feet to left bank of Depot Slough;
thence north 54 degrees 52' west along
bank of Depo: Slough 20S feet to a
point in section line; thence north 70
ie2rees 52' west along bank Of said
slough so feet; thence north AZ de-
.grees east 5S feet to section line
thence north along said section line
to place OF beginning, containing 1,6t
acres more or less, in Lincoln County,
Oregon.
(c) All rights, priviledges and fran
chses heretofor granted by The City
Of Newport, Oregon, to H. D. Sand
stone, his successors or assigns, by
special ordinance Of the City of New
port, Lincoln County. Oregon, No. 80.
approved February 3, 1909, which or
dinance is entitled "An Ordinance
granting to H. d. Sandstone, and his
SUCCESSORS ana dsSigns, franchise.
right and privilege to build, erect and
operate an electric and power plant
within the corporate limits of the City
Of Newport, Lincoln County, Oregon,
and to use the streets thereof for the
purpose of setting poles and stringing
wires thereon to transmit electric light
and power to different parts Of said
City and any and all other apperten.
ances or things necessary and usual
in conducting and operating said cleo
trio light and power plant, and further
authorizing the Mayor and Recorder
Of said City Of Newport to sign lease
to certain waterfront property within
said City of Newport for the purpose
Of erecting and building and COM
pleting thereon Cold Storage,
Creamery and said Electric and Power
Plant, by said H. d. Sandstone in form
and manner under the conditions as
provided under said lease, the form of
which lease has been duly approved
by the City Council and in such form
shall be signed by said Mayor and Re.
corder as aforesaid; declaring an
q mr. m nvicf rnnno1ir0 oil
ordinances and parts Of ordinances In
conflict with this ordinance or any
part thereof"
(d) All rights, priviledges and fran
chises granted by the City Of Toledo,
Oregon, to the Yaquina Electric Com
pany, or its predecessors, and particu-
larly certain franchise granted by
the City of Toledo to the Toledo,
light, Power and Manufacturing Com
pany, and by said Toledo Light, Power
and Manufacturing Company assigned
to the said Yaquina Electric Company,
said franchise being known as Ordi-
nance No. 104, being entitled as fol-
lows: "An Ordinance granting unto
the Toledo Light, Power and Manu-
featuring Company, and to it's assigns
duu SuCCcoSOIS III lulcIest, d lIdHCuloc
conveying the right to erect and main
tain and operate an electrical plant in
the City Of Toledo, Oregon; the right
to sell electricity in said city for light
ing, manufacturing and power pur-
poses for the period Of twenty five
years. and granting unto the said To
ledo Light Power and Manufacturing
Company the right to use the streets
and alleys of said City to set poles,
string wires and to lay conduits, said
ordinance having been passed by the
Common Council of the City of Toledo,
Oregon, on December 1S, 1911.
(e) The distributing system within
said city of Toledo and Newport, Ore.
gon, including all wires, poles, insu-
lators, conduits, transformers, meters,
all equipment and paraphernalia used
or useful in connection with said dis
tributing systems
f) The transmission line now own
ed by the said Yaquina Electric Com
pany extending between the said City
of Newport, Oregon, and the said City
Of Toledo, Oregon, including all poles,
wires, insulators, conduits and equip
.ment used in connection with said
transmission system.
(g) Transmission line and distribut.
ing system extending between the
said City Of Newport, Oregon, and
Agate Beach, Oregon, including poles,
wiring, meters, insulators and all