HomeMy WebLinkAbout01227state laws permit. The said city reserves to itself the right to carry all water mains,
sowers, conduits and other public utilities underneath or wires above, the spur track
of said grantee, its successors or assigns, in said public streets, or either thereof,
and the right of aococe to any space occupied by such tracks within the limits of said
streets, or either thereof and the right to open the ground beneath the said tracks for
all purposes of construction, maintenance, repair, alteration and inspection of any
such public utilities which right shall be exercised however, so as to interfere as
little as practicable with the use of said tracks and so as to leave the roadbed and
tracks in an good condition as prior to the exercise of such rights.
Section h. The said grantee, its successors and assigns in and by accepting the
grants, privileges and benefits conferred by this ordinance, covenants for itself, its
successors and assigns, with the City of Port Townsend, that it or they will at all
times keep and save harmless the said city from and against all liability, loss, cost,
damage or expense which may at any time arise or accrue by reason of any thing that may
be done by said grantee, its successors or assigns, and shall defend any and all actions
arising in relation thereto; provided that the said city, its successors or assigns, in
all instances where it is sought to hold said grantee, its successors or assigns, lia-
ble hereunder, shall notify the said grantee, its successors or assigns, in writing of
the pendency of said action and give it or them an opportunity to defend any and all
such litigation.
Section 6. That whenever the said City of Port Townsend shall cause either of the
streets herein mentioned to be graded, and/or paved on either or both sides thereof,
and adjacent to the spur track herein mentioned, the said grantee, its successors or
assigns, shall at its or their own costs and expense grade and/or pave all the space then
used and occupied by such spur track and for eighteen inches on each side thereof, in -
eluding the space between the rails of such track, including the switch of said spur,
to conform to the grade and/or paved part of said Water Street and spur. The street on
which said spur and switch are to be constructed shall be planked in the space between
the rails and 12 inches on either side thereof from the switch point to the northerly
line of Water Street and southerly line of Block 37, Original Townsite of Port Townsend,
said planking shall be done at tho time of the construction of said spur and switch.
Section 6. The right, privilege, authority and franchise granted by this ordi-
nance, and all benefits hereof, may be assigned by the said grantee, its successors or
nac.igno, as it or they may at any tine see fit, either as an entirety or respecting
the spur track embraced within the scope of this grant; provided, that written notice