HomeMy WebLinkAboutORDINANCE NO. 8686i~~
ORDII~TANCE N0. 8686
An Ordinance granting to the SOU`I~3ERN PACIFIC C01~5PANY, a
corporation created by and existing under laws of the State
of Kentucky, its successors, lessees and assigns, the right,
privilege and franchise to establish, lay down, construct,
maintain and operate three standard guuge railway tracks over
and across Lincoln Street, in the City of Eugene, Oregon,
subjedt to certain conditions and restrictions hereinafter
set forth.
THE CITY OF EUGENE DOES ORDAIN AS FOLLO~l~IS:
Section 1. That there be and is hereby granted unto the Southern
Pacific Company, a corporation created by and existing under laws of the State
of jentucky, its successors, lessees and assigns, the right, privilege and
franchise for and during the period of twenty years from and after the taking
effect of this ordinance to establish, lay down, construct, equip, rriaintain and
operate three standard gauge railway tracks on, over and across Lincoln Street
in the City of Eugene, Oregon, the location of the center lines of said tracks
across said Lincoln Street being described as f ollotivs, to-wit:
Beginning at a point in the easterly line of Lincoln
Street which is 255 feet more or less, north of the northwest
corner of Lot 5, Block 1, Fackard's Addition; thence Westerly
across Lincoln Street a distance of 67 feet more or less to
point in the westerly line of Lincoln Street, which is 267
feet more or less, north of the northeast corner of Lot 1,
Block 6, Packard's Addition.
Also, beginning at a point in the easterly line of
Lincoln Street which is 246 feet more or less, north of
the northwest corner of Lot 5, Block 1, Packard's Addition;
thence westerly across Lincoln Street a dstahce of 66 feet
s _ ~~~ more or less to a point in the westerly line of Lincoln Street
which is 251 feet rraore or less, north of the northeast corner
of Lot 1, Block 6, Packar-d's Addition.
Also beginning at a point in the Easterly line of Lincoln
Street which is 242 feet more or less north of the northwest
corner of Lot 5, Block 1, Packard's Addition; thence westerly
across Lincoln Street a distance of 66 feet to a point in the
westerly line of Lincoln Street which is 250 feet more or less
North of the northeast corner of Lot 1, Block 6, Packard's
Addition.
Section 2. said tracks shall be so constructed as to be laid on a
level and flush with the grade of said Lincoln Street as the same is now established
in the City of Eugene so as not to interfere unnecessarily with the public use
of such street; whenever the grade of said street shall be changed by said City
of Eugene, said SOUTHERN PACIFIC COTy:PAATY, or its successors in interest shall
chan~,e said tracks to conform to such change of grade.
Section 3. Said SOUTI3EFN PACIFIC COl~!PANY, its successors, lessees and
assigns, shall have the right of do all necessary excavating or grading for the
construction, repair and maintenance of said tracks but all portions of said
street excavated or graded must be replaced in as near the original condition
as practicable and said Company, its successors, lessees and assigns, shall ~
during the life of this franchise, keep the portion of said street upon which
the tracks are maintained in as good condition and repair as the remainder of
said streets is maintained for the whole width between the rails and said tracks
and for a width of one foot outside the rails of said tracks and in the event the
adjacent portions of said street shall be improved by the city with hard surface
pavement, said Company, its successors, lessees, and assigns, shall improve the
portions of said street last above described withhard surface pavement similar
in character and equally as good as that placed by the city on said adjacent
portions of said street. ~
Section 4. The privileges, rights and franchises herein granted are
upon the condition that the SOUTT~FtN PACIFIC COTa;=ANY, its successors, lessees,
and assigns, shall V~1ithin thirty (30~ days from the date this ordinance becomes
effective, file vt~ith the City xecorder, a written acceptance of its provisions.
Section 5. Inasmuch as there is no gross income from the use of said
tracks, no provisiorr is made for compensation.
Section 6. It is a condition of this franchise that in case the City
of Eugene shall acquire this utility or any utility embracing this utility,
by purchase, condemnation or- otherwise, the price to be paid b~,T the city shall
exclude the value of any franchise or any prerogative of sovereignty granted
by the City and connected with such, public utility.
ins
Passed by the Common Council this 11th day of August, 1941.
i
_ /s/ JOHN FIELDS
City Recorder pro-tem
Approved by the IViayor trlis 12th day of August, 1941.
/s/ ELIS~iA LAFGE
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