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<br />~ <br />r' <br /> <br />~ <br />271 <br /> <br />.. <br /> <br />I <br /> <br />An Offe~ of the H. L. Studley Estate to exchange thei~ 8.845 ac~es <br />adjoining the Tschanz p~ope~ty on South willamette St~eet fo~ the City's inue~est <br />in Lot 1, Block A, Mayhew's Addition was ~eferred to the Finance Committee fo~ <br />recommendation and ~epo~t. <br /> <br />tV <br />\""N <br /> <br />The Reco~de~ repo~ted ~,pplicat ions as follows fo ~ ~e bonding delinquent <br />assessments: <br /> <br />. 't-wa. <br /> <br />/ <br /> <br />dO <br />, ~ <br /> <br />No. <br /> <br />Name <br /> <br />Amount <br /> <br />283 <br />284 <br />285 <br />286 <br />287 <br />288 <br /> <br />L. E. and Ve~nita H. Bellman <br />John A. and Maud Bowers <br />Eldon B. and Casandra N. Hill <br />Ray Woodruff Jenkins <br />P. E. and Cla~iece E. Warner <br />P. E. and Clariece E. Wa~ne~ <br /> <br />$162.31 <br />426.80 <br />471.72 <br />455.51 <br />359.24 <br />168.03 <br /> <br />~. <br />" <br /> <br />On motion of the Council, duly seconded and ca~ried, the apP'li~ations we~e <br />app~oved . <br /> <br />The request was presented in behalf of the 1ugelle Water Board for a unifo~m <br />charge for paving cuts. The City Enginee~ advised the Council that $5.00 was a <br />~easonable charge for repairing these paving cuts, and a motion was made and <br />seconded that the City make a uniform charge of $5.00 for each 3' x 3' or smaller <br />paving repair. The motion was carried. <br /> <br />A motion was made, seconded and carried that the Mayor and Recorder be <br />instructed to sign the agreement with the Southern Pacific Company in triplicate <br />for easement at the intersection of Broadway and F~anklin Bilivd. <br /> <br />EASEMENT AGREE1ffiNT <br /> <br />This indenture, made' this lOth day of April, 1934, between Southern Pacific <br />Company, a. corporation of the State of Kentucky, herein termed "First Party", and <br />the City of Eugene, a municipal corporation, herein termed rrSecond Party", <br /> <br />I <br /> <br />WIT N E SSE T H: <br /> <br />That First party hereby grants to Second Party (subject to the conditions <br />hereinafter contained) the right to construct and maintain a highway upon and <br />across that certain parcel of land situated in the City of Eugene, County mf Lane <br />and State of Oregon, lying within the r.ailroad ~ight of way of First Party, and <br />described as follows, to-wit: <br /> <br />Beginning at the intersection of the South <br />line of East Broadway in Eugene, Oregon, and <br />the Northerly right of way line of the Southern <br />Pacific Company. <br /> <br />.' <br /> <br />Thence South 51 degrees 39' East, along the <br />Northe~ly right of way line of said Southern <br />Pacific Company, a distance of 222.50 feet; <br />thence North 54 degrees 43' West, a distance <br />of 182 feet; thence on a 179.1 foot radius <br />curve left (the long chord of v'1hich cuI've bears <br />North 72 degl'ee s 21' 30" West) a di stance of <br />110.26 feet to the South line of East Broadway; <br />thence East along said South line a distance of <br />77.57 feet to the point of beginning. <br /> <br />Containing 0.05 acres, mo~e or less. <br /> <br />Said parcel is outlined in pink on the blue print Portland Division DWG <br />'P 8016 hereto attached, marked exhibit IlAll and made a part he~eof. <br /> <br />I <br /> <br />This grant is subject and subordinate to the p~ioI' and continuing right <br />and obligation of First Party and its successors to use and maintain its entire <br />railI'oad .right of way and property in pe~formance of its public duty as a common <br />carrier, and is also subject to the right and power of First Party and its <br />successors in interest or owne~ship of the waid rail~oad right of way and prope~ty, <br />to construct, maintain, use and operate, on the p~esent or other grade, existing <br />o~ additional ~ailroad t~acts and appu~tenances the~ebo, including wate~ and fuel <br />pipe lines and conduits, and teleg~aph, telephone, signal, power and othe~ <br />electric lines, and other ~ail~oad facilities and stl'Uctu~es of any kine upon, <br />along o~ ac~oss any o~ all pa~ts of said land above desc~ibed, all or any of which <br />may be freely done at any time or times by First Party or its successors without <br />liability to Second Party or to anyone else fo~ compensation or damage. <br /> <br />'. <br /> <br />~ <br />