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<br />ORDII~TANCE N0. 8686
<br />An Ordinance granting to the SOU`I~3ERN PACIFIC C01~5PANY, a
<br />corporation created by and existing under laws of the State
<br />of Kentucky, its successors, lessees and assigns, the right,
<br />privilege and franchise to establish, lay down, construct,
<br />maintain and operate three standard guuge railway tracks over
<br />and across Lincoln Street, in the City of Eugene, Oregon,
<br />subjedt to certain conditions and restrictions hereinafter
<br />set forth.
<br />THE CITY OF EUGENE DOES ORDAIN AS FOLLO~l~IS:
<br />Section 1. That there be and is hereby granted unto the Southern
<br />Pacific Company, a corporation created by and existing under laws of the State
<br />of jentucky, its successors, lessees and assigns, the right, privilege and
<br />franchise for and during the period of twenty years from and after the taking
<br />effect of this ordinance to establish, lay down, construct, equip, rriaintain and
<br />operate three standard gauge railway tracks on, over and across Lincoln Street
<br />in the City of Eugene, Oregon, the location of the center lines of said tracks
<br />across said Lincoln Street being described as f ollotivs, to-wit:
<br />Beginning at a point in the easterly line of Lincoln
<br />Street which is 255 feet more or less, north of the northwest
<br />corner of Lot 5, Block 1, Fackard's Addition; thence Westerly
<br />across Lincoln Street a distance of 67 feet more or less to
<br />point in the westerly line of Lincoln Street, which is 267
<br />feet more or less, north of the northeast corner of Lot 1,
<br />Block 6, Packard's Addition.
<br />Also, beginning at a point in the easterly line of
<br />Lincoln Street which is 246 feet more or less, north of
<br />the northwest corner of Lot 5, Block 1, Packard's Addition;
<br />thence westerly across Lincoln Street a dstahce of 66 feet
<br />s _ ~~~ more or less to a point in the westerly line of Lincoln Street
<br />which is 251 feet rraore or less, north of the northeast corner
<br />of Lot 1, Block 6, Packar-d's Addition.
<br />Also beginning at a point in the Easterly line of Lincoln
<br />Street which is 242 feet more or less north of the northwest
<br />corner of Lot 5, Block 1, Packard's Addition; thence westerly
<br />across Lincoln Street a distance of 66 feet to a point in the
<br />westerly line of Lincoln Street which is 250 feet more or less
<br />North of the northeast corner of Lot 1, Block 6, Packard's
<br />Addition.
<br />Section 2. said tracks shall be so constructed as to be laid on a
<br />level and flush with the grade of said Lincoln Street as the same is now established
<br />in the City of Eugene so as not to interfere unnecessarily with the public use
<br />of such street; whenever the grade of said street shall be changed by said City
<br />of Eugene, said SOUTHERN PACIFIC COTy:PAATY, or its successors in interest shall
<br />chan~,e said tracks to conform to such change of grade.
<br />Section 3. Said SOUTI3EFN PACIFIC COl~!PANY, its successors, lessees and
<br />assigns, shall have the right of do all necessary excavating or grading for the
<br />construction, repair and maintenance of said tracks but all portions of said
<br />street excavated or graded must be replaced in as near the original condition
<br />as practicable and said Company, its successors, lessees and assigns, shall ~
<br />during the life of this franchise, keep the portion of said street upon which
<br />the tracks are maintained in as good condition and repair as the remainder of
<br />said streets is maintained for the whole width between the rails and said tracks
<br />and for a width of one foot outside the rails of said tracks and in the event the
<br />adjacent portions of said street shall be improved by the city with hard surface
<br />pavement, said Company, its successors, lessees, and assigns, shall improve the
<br />portions of said street last above described withhard surface pavement similar
<br />in character and equally as good as that placed by the city on said adjacent
<br />portions of said street. ~
<br />Section 4. The privileges, rights and franchises herein granted are
<br />upon the condition that the SOUTT~FtN PACIFIC COTa;=ANY, its successors, lessees,
<br />and assigns, shall V~1ithin thirty (30~ days from the date this ordinance becomes
<br />effective, file vt~ith the City xecorder, a written acceptance of its provisions.
<br />Section 5. Inasmuch as there is no gross income from the use of said
<br />tracks, no provisiorr is made for compensation.
<br />Section 6. It is a condition of this franchise that in case the City
<br />of Eugene shall acquire this utility or any utility embracing this utility,
<br />by purchase, condemnation or- otherwise, the price to be paid b~,T the city shall
<br />exclude the value of any franchise or any prerogative of sovereignty granted
<br />by the City and connected with such, public utility.
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