The Kennewick courier-reporter and the White Bluffs spokesman. [volume] (Kennewick, Wash.) 1938-1939, 1938-10-06

lsoutheast corner of said Block "U''
and fifty (50) feet north Of the
center line Of said spur track now
being operated in said Railroad Ave-
niue, the center line of said spur
track being more particularly des-
cribed as follows:
Commencing at the southeast
corner Of Block "U' of Northern
Pacific Irrigation Company amend
ed plat of the town (now city, of
Kennewick, said southeast corner
being in the northerly line of Rail-
road Avenue; thence southeasterly
along said northerly line of Rail-
road Avenue a distance of POI
feet; thence southwesterly ct right
angles, distance of so feet to a
point, said point being in the center
line of the spur track of Oregon
Washington Railroad & Navigation
Company and its lessee, Union Pa
cific Railroad Company, as now To-
Gated and constructed along said
Railroad Avenue. The aforesaid
point being also the point of be-
ginning of the hereinafter describ-
ed center line; thence Northwestern
ly at an angle to the right of / de-
gree and As minutes to the right,
from the center line of the afore-
said existing spur track, a distance
of Is feet; thence along the arc of
a curve to the right having radius
of 657947 feet distance of So feet;
thence northwesterly along a line,
tangent to the aforesaid curve, a
distance of II feet; thence along
the arc of a curve to the right, hav-
ing radius of 383.065 feet, dis
lance of $50 feet to a point, said
point being in the northerly line of
the aforesaid Railroad Avenue IS
feet northwesterly from the here
inbefore said southeast corner of
Block ~"
Section 2. Said Railroad Com
panies, their successors and as
signs shall have the right and be
privileged to operate upon said spur
track described in Section / hereof,
with railroad engines, trains and
cars propelled by steam, electricity
or other motive power.
Section 3. The spur track herein
before described shall be so located
and constructed that the top of the
rails thereof shall be at the estab-
Hshed grade Of the street wherein
It IS located and Ior at such grade
as may be hereafter established.
Section 4. During the continu-
ance Of the franchise hereby grant,
ed, said Oregon Washington Rail-
road & Navigation Company or On
ion Pacific Railroad Company,
their successors and assigns, shall
keep those portions Of the street oc-
cupied by said spur track between
the rails and for eighteen inches
(18") outside Of each rail, in good
order, and II and when required by
the City Council so to do, said Rail-
road Companies shall pave or 9TH
erwise surface the area between the
said rails and for eighteen (18)
inches outside Of each rail with ma
terial Of the same kind as that
which the remainder Of said street
so occupied shall be paved or sur
faced.
I Section 5. Nothing contained In
this ordinance nor any right, priv
ilege or franchise granted hereun-
der shall be construed to prevent
the municipal authorities of the City
Of Kennewick from sewering, grad
ing, paving or improving any Of
streets upon or over which the
track hereinbefore mentioned shall
pass. and said city reserves the
right 50 to do. The city also re-
serves the right to construct q street
crossing and sidewalk across said
spur track as the council Of said
city may from time to time deter
mine.
i Section 6. Said Railroad Com
Ipanies shall operate their engines,
cars and trains within the corpor-
ate limits of the City of Kennewick
under such reasonable rules and
regulations as to speed and as to
sanitary conditions as the city coun-
Gil may from time to time provide
and In such manner as not to i'm
pede ordinary traffic or subject the
public to unnecessary delay or In
convenience.
Il Section Z. Said Oregon Washing
ton Railroad q Navigation Com
pany and Union Pacific Railroad
Company, their successors and as
signs, shall permit the use Of said
spur track by any other common
carrier railroad company for the
purpose Of delivering cars or ship
ping out cars to be loaded or un-
loaded upon or along said spur
track; provided. however, said Ore
Igon-Washington Railroad & Navi-
cation Company and Union Pacific
Railroad Company, their successors
and assigns, shall be entitled to rea-
sopable compensation from such
other railroad company for the
! privilege Of so doing, and such
railroad company shall be required
to bear q reasonable share Of the
expense Of maintaining and operat-