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<br />ORD I?d_ANC E T~TO. 9.3 62
<br />An Ordinance granting to Southern Pacific Company, its successors, 1_essees a.nd assigns, the : - 4)
<br />right, .rrivile~e and franchise to establishm lay down, construct, maintain and cnerate a
<br />standard F,auge railway s-~ur track over and across the a11ey through block one; Packard Addition ~I
<br />to the City of Eugene, Gregon, subject to certain conditions and restrictions hereinafter set forth.
<br />Tl£E CITY OF E UGE1V"E DOES flRD A ITT AS FOLLO'AiS : ~~
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<br />Section 1. Thst there he and is .hereby grantdd unto SOL?`I?irRrJ P:'~CIFIC CO?'iPANY, a corpor-
<br />ation of the State of Deleware, its success ors, lessees and assi~rs, the right, privilege
<br />' P e d .f '..woe z ears .from and after the effect."ve
<br />andfr~nchis~ .for and ~~uring th perio o . t r(20) ,y i ~
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<br />date of this ordinance to e,,tablish, lay down, construct, equi.r, maintain anc~ operate a
<br />standard bauge railway saur track on, over and across the a1.l.ey through Block 1, Hackard~s I~
<br />Addition to the Cit- of Eu ene Oregon the location of the center line of said track across
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<br />said a'.ley being more particularly descri}-ed as follows, to-wit:
<br />Commencing at a point on the northerly line of the alley through Block One !1_)
<br />Pac~ard~~s Addition, City of Eugene, State of Oregon, that is wester~.y 1..17.5 ~
<br />feet from the westerl,~ line of Charnel ton Strut, thence Southerizl on, over i~
<br />and across said a1_ley 1L~ .feet to the southerly ?ine thereof.
<br />Section. 2; Said track shall re ~~ti~on ens rncted as to be laid as near as r..racti.cari.e on
<br />a level and flush with the grade of said alley as the same is norr estallished in the City
<br />of Eu~ ene so as not to interfere unnecessarily with nubl.ic use of such a 11 ey. ulhenever ~I
<br />the grade of said alley shall re changed r`l said City of Eugene, said SCT?T.1ERI~1 PACIFIC COTg-
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<br />PAP1Y, its successors, lessees or assigns, sha11 change said t racks to cenfona to such change
<br />of grade.
<br />Section 3. Said SCCITF~RnI PACIFIC Cfl?,T'Ar1Y, its successors, lessees and ~ ssi.gns, shall
<br />have the right to so all necessary excavating or. grading for the canstruction, repair a.nd
<br />maintenance of said track,Y±ut all norti ons o.f said alley so excavated or traded must he i
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<br />replaced in as near the original conditi.~n a s practicable, and. said SC'TTHERT~1 P'1. CIFIC C "T"~° ;~
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<br />PA NY, ITS successors, Lessees and assign, shall. during the Life of this .franchise keen the ~~
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<br />portion of said alley upon which the track is maintained i.n as good condition. and repair '!+
<br />as the remainder of said al_le,r is maintained for the whbl~e width hetrveen the rails of. said }
<br />track and for a width of one (1) foot outside the rails of said track. 1
<br />Section !~. ~e privileges, rights, franchises herein granted are upon the condition l~
<br />that SO?1THERN PACIFIC COT:RPAT?Y, its successors, lessees and a ssigns, shall within 'thirty it
<br />(?O) da„rs from the date of this ordinance becomes effedtive, file with the City Recorder a
<br />tivritten acceptance of its provisions.
<br />SECTI~? ~. Inasmuch as there is no gross income from the use said tracks, no provisi~~n
<br />is made for compensation.
<br />Section 6 It is condition of this franchise that in case the City of Eugene shall ac-
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<br />quire this uti~.ity or any utility or ahy utility embracing this utility, bjr purchase, con-
<br />demna~ion or other~tiise, the price to be raid by the City shall~cl.ude the ~.-al.ue of any .fran- ~'
<br />chise or any prerogative of sovPrei~~nty granted '~y the City and. connected. with such public I
<br />utility. li
<br />Passed by the Comr~r. C¢~.uricl this 13th day o.f June, 1`?!~° Approved ?^y the ?~~~ayor Iris l~tthday o.~ Ju.ne, 1.~!-t`~
<br />/s/ Henry F. F?eistel ~s/ ~7. E. Johnson r~
<br />('.i t.v R~~nr~?Qr i~?lavor
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