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<br />2`7~ <br />ORDINANCE TRIO. 8790 <br />An Ordinance granting to the SOUTHERN PACIFIC COA.rPATti't?, a corp- <br />oration, created by and existing under laws of the State of Kentucky, <br />its succes~¢r~~,rlessees~and assigns, as the succors in interest of <br />A. C. Jennings, the right, privilege and franchise to establish, <br />lay down, construct, maintain and operate a single standard gauge <br />railway spur track over and across a certain pmrtion of Fourth <br />Avenue west, in the City of Eugene, Oregon, subject to certain <br />conditions and restrictions hereinafter set forth. <br />~ THE CITY OF EUGEArE DOES 0~'DAIN A~~ FOLLOWS: <br />Section 1., That there be and .is hereby granted unto the SOUTHERN ! <br />.. _ _ .. <br />PACIFIC COT~~"r'~A~jY, a corporation created by and existing under laws of the State ~ <br />of Kentucky, 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, maintain <br />and operate a single standard gauge railway spur track over and across Fourth <br />Avenue West in the City of Eugene, Oregon, the location of the center line of <br />said spur track across said Fourth Avenue tNest being described as follows, to- <br />wit;- <br />Beginning at a point on the northerly line of said Fourth Avenue <br />west in the City of Eugene, Oregon, said point being easterly along <br />the said northerly line of said street a distance of 180 feet more 'or less <br />from the most northeasterly corner of Fourth Avenue West and Lincoln <br />Street in_the said City; thence southeasterly across Fourth Avenues West, <br />around the arc of a 200 f~aot radims curve to the right, a distance <br />of 75 feet More or less, to a point on the southerly line of said <br />Fourth Avenue West, said point being along the said southerly lime <br />a distance of 209 feet more or less from the most southeasterly <br />corner of Fourth Avenue west-and Lincoln Street in the said City. <br />.Section 2. Said spur track shall be constructed as to be laid on a <br />level and flush with the grade of said Fourth Avenue Vlest as the same is now <br />established in the City of Eugene so as not to interfere unnecessarily with <br />'the public use of such street; whenever the grade of said street shall be <br />changed by said City of Eugene, said SOUTHERN PACIFIC COMPANY, or its succ- <br />essors in interest shall change said track to conform to such change of grade. <br />Section 3. Said SOUT"r~ERI~I PACIFIC COT+tfPA?~TI', its successors lessees and <br />assigns shall have the right to do all necessary excavating or grading for the <br />construction, repair and tnaintenence of sais spur track but all portions of <br />said streetso excavated or graded must be replaced in as near tine original <br />condition as practicable, and siad company, its successors, lessees and assigns <br />shall, during the life of this franchise, keep the portion of said street upon <br />which the spur track is maintained in as good condition and repair as the <br />remainder of said street is maintained far the whole width between the rails of <br />said spur track and for a width of one foot outside the rails of said spur track <br />and in the event the adjacent portions. of said street shall be improved by the <br />city with hard surfaced pavement said company, its successors, lessees and assig <br />