04/09/1934 Meeting - Laserfiche WebLink

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~272 . And shouldcSecond Party at any time abandon tNe use of the said land or any part thereof, or fail at any time to use the same for said purpose for a continuous period of one year, the right hereby given shall cease to the extent of the use so L abandoned or discontinued, and first party shall at once have the right, in ~~ addition to but not in Qualification of the rights hereinabove reserved, to resume ~~ exc~usive possession of the said land, or the part thereof the use of which is so v: discontinued or abandoned. I Second Party shall construct or cause to be constructed said highway and keep or cause ,to be kept the same in good condition and repair on the premises hereinabove describe'd as long as the same shall be maintained ,thereon, including any and all paving thereof at its sole cost and expense, and in thi s behalf agrees to indemnify and save harmless First Party against any and all such cost or expense. This instrument is, subject to all valid and existing contracts, leases, liens or encumbrances which may affect the said property, and the word grant as used herein shall not be construed as a covenant against the existence of any there of. ~: -~ The Second Party agrees that the established grade of Broadway Boulevard wil be maintained at the same level as the top of the rail of the present main line of the First Party for a distance of 18 feet measured at right angles from said presen main line in a northerly direction so that in the event there shall be hereafter constructed by the First Party a track in the location shown by the green line on said Exhibit nA" no change in said grade will be reQuired. The Second Party further agrees that, in the event the First Party desires at any time in the future to locate and maintain an additional track in the location shown by the green line on said Exhibit "A" hereto attached, it will offer no objection to the construction thereof or attempt in any way to prevent the First Party from securillng such permission from public authority as may be a prereQuisite to the location and maintenance of a railroad track at said location. The Second Party further agrees that in the event af railroad track shall be constructed by First Party at the location shown in green on Exhibi t HAil, that the First Party may do such filling as may be reQuired by it in connection with the construction of said tracIe, to the same extent as it would be permitted to do were this easement not granted, and Second Party agrees to build and maintain such walls or other protection aa may be necessary to support any fills reQuired to be made by the First Party as part of such construction work to the same extent as Second Party would be reQuired to build arm maintain such walls or other protection were fills made by the First Party at' the present time. But Should the slopes of fills made by the First Party reQuire protection to prevent their extension beyond the present right of way line of the First Party, the protection so reQuired shall be furnished by the First Party. I In witness whereof, the parties hereto have caused these presents to be executed by their respective office~s thereunto duly authorized, the day and year first above written. Southern Pacific Company City of Eugene. The following Resolution relating to the building at the rear of 293 Monroe Street was read and motion made, seconded and carried to adopt same: '. RESOLUTION WHEREAS, a hearing was had before the Common Council of the City of 1ugene pursuant to notice, on April 9,1934, at 7:30 o'clock P.tI. of said day, at the office of the City Recorder in the city hall in the City of Eugene, Oregon, and vVHEREAS, it appears to the Council that reports have been made by the chief of Police, the City Attorney and the Chairman of the Health Committee, declaring that certain building located at the rear of 293 Monroe Street, to be a dangerous building, and it appearing that various complaints have been made by ~esidents living near the property, and VffiEREAS, the Common Council having personally inspected said building and I having hearG all protests, remo.nstrances and objections, at this time makes its findings, as follows: . ~ \i