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1 of 1961 - Granting Leland S. Swaner and John M. Wallac, a franchise and the right to construct, operate and ma ROLL CALL Salt Lake City,Utah, Jhnuary 5 ,196 1 VOTING Aye Nay I move that the Ordinance be passed. Christensen . , Harrison . . . t Piercey I/ Romney . . . Y Mr. Chairman . AN ORDINANCE Result . AN ORDINANCE GRANTING TO LELAND S. SWANER AND JOHN M. WALLACE, THEIR SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS INDUSTRIAL ROAD BETWEEN SEVENTEENTH SOUTH STREET AND LAYTON AVENUE IN SALT LAKE CITY, UTAH. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: Section 1 . A franchise and right of way is hereby granted to Leland S. Swaner and John M. Wallce, their successors and assigns, to construct, operate and maintain a standard gauge railroad spur track over and across Industrial Road between Seventeenth South Street and Layton Avenue in Salt Lake City, Utah, withina parcel of land more particularly described as follows: Beginning at a point 2289.26 feet North and 1577.84 feet West from the South Quarter Corner Section 15, Township 1 South, Range 1 West, S.L.M., said point being on the east side of Industrial Road at the Industrial Center, Salt Lake City; thence along a curve to the right, having a radius of 468.839 feet, a distance of 29;06 feet; thence South 170 24 minutes 52 seconds West 114.90 feet; thence along a curve to the left, having a radius of 583.186 feet, a distance of 28.49 feet to the west line of Industrial Road; thence South 0° 03 minutes 08 seconds East 147.647 feet along the west side of Industrial Road; thence along a curve to the right, having a radius of 564.186 feet, a distance of 171 .92 feet; thence North 17° 24 minutes 52 seconds East 83.16 feet to the east side of Industrial Road; thence North 00 03 minutes 08 seconds West 63.72 feet along the east side of Industrial Road to beginning, and containing 4,087 square feet. Section 2. During the term of this franchise the grantees shall be subject to the following conditions: (a) The said track shall be laid upon and conform to the grade of said street and shall at all times be maintained by the grantees to conform to the grade of said street, and if said grade is afterward changed by ordinance of the Board of City Commissioners, the grantees shall, at their own expense, change the elevation of the tract so as to conform to the same. (b) Whenever said street where said track is con- structed shall be paved, resurfaced or repaired, the said grantees,their successors and assigns shall pave, resurface or repair between the rails for a space of two (2) feet outside of each rail with the same kind 1 • of material used on the said street, or with such other material as may be approved by the Board of Commissioners, and all ties shall be laid upon a concrete base of such thickness as shall be directed by said Board of Commis- sioners. (c) Said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of said street upon which it is laid. (d) Salt Lake City reserves the right to regulate and control the speed of all trains, engines and cars operated upon said track. (e) If in putting in said track, said grantees shall remove or in any manner interfere with the pave- ment, sidewalk, curbs or gutters of said street, they shall replace such pavement with the same or with such other material as shall be ordered by said Board of Commissioners and shall replace such sidewalks and such curbs and gutters to the satisfaction of said Board of Commissioners and shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said Board of Commissioners. (f) Said grantees shall put in and maintain such crossings over said track as shall from time to time be required by said Board of Commissioners. (g) Good and sufficient conduits to convey water shall be laid and mantained in good condition at the expense of said grantees in all water ditches crossed by said track so as to admit the free passage of water. Section 3. Nothing in this grant shall be so con- strued as to prevent Salt Lake City or its authorized agents, or contractors or persons or corporations to whom a franchise may have been or may hereafter be granted, from paving, laying sewer lines, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner improving said street. Section 4. Said grantees herein, their successors and assigns, shall and by the acceptance of the privileges and franchise herein granted, and in consideration of the same, do hereby bind themselves, their successors and assigns, upon their acceptance of this franchise, to save said City harmless from all suits, claims, demands and judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatever against said City for in- jury or damage to abutting property, personal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said track and -2- I • that the grantees herein, their successors and assigns, will pay the amount of any judgment, determination or adjudication which in any suit or proceeding may be or shall be found against said Salt Lake City; provided, however, that said grantees, their successors and assigns, shall have had notice of any suit or suits and an opportunity to appear and defend the same; and said grantees, their successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construction, operation or maintenance of said track. Section 5. This franchise is granted for the period of fifty (50) years from and after the passage of this ordinance, provided, however, that if for a period of nine (9) consecutive months during the life of this franchise said spur track is not used for the purposes for which this franchise is granted, or if there is a substantial abandonment of the use of said spur track for said purposes, said franchise shall be voidable at the option of said Board of Commissioners; and if so ordered by said Board of Commissioners, said track shall within thirty (30) days thereafter be removed and the street restored to a condition uniform with the balance of said street with respect to grade, materials and construction and to the satisfaction of said Board of Commissioners. In the event of the failure of said grantees to remove said track and restore said street, upon such action and within said thirty (30) days the said work may be done by Salt Lake City at the expense of the grantees. Section 6. Unless this grant and all the terms and conditions thereof shall be accepted in writing by the grantees herein within thirty (30) days after the taking effect of this ordinance, and unless such track be constructed within one (1) year from the date of such passage, then this ordinance shall be null and void. Section 7. In the opinion of said Board of Commis- sioners, it is necessary to the peace, health and safety of the inhabitants of Salt Lake City, Utah, that this ordinance become effective immediately. Section 8. This ordinance shall take effect upon its publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 5th day of January /7.96'1 ( � zzciholfa TEvIP0 Yt*9AIRMAN (SEA L) Bill No, 1 of 1961 Published January 11, 1961. c AA 1 &Mesaers L r e nO nenuwanert&°.onn .tiallacea January 12, 1961 -3- *vs, vl ji\ .1.a 51.31 , 1_756482 Liftr1772 OALT Lact, STATE OF UTAH, i3yDeput City and County of Salt Lake, - Rof, 4-4- HERMAN J. HOGENSEN ,City Recorder of Salt Lake City, Utah,do hereby certify that the above and foregoing is a full, true and correct copy of an ordinance entitled, AN ORDINANCE GRANTING TO LELAND S. SWANER AND JOHN M....WALIACE....THEIF...SUC.CESSORP,AND ASSIGNS, THE RIGHT TO CONSTRUCT, OFERATE.AND_MAINTAIN_A_STANDARD-GAUGE.RAZIROAD—SFUR TRACK OVER AND ACROSS INDUSTRIAL ROAD BETWEEN SEVENTEENTH SOUTH STRFET AND.I.ATION AVENUE IN SALT LAKE CITY, UTAH passed by the Board of Commissioners of Salt Lake City, Utah, January 5th 19i.. .61 as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set toy hand and affixed the corporate seal of 12th January '94 61 said City, this day of (SEAL) City Recorder Published January llth 19t61__ A kJ ARM ACCEPTANCE {: ACCEPTANCE OF AN ORDINANCE GRANTING TO LELAND S. SWANER AND JOHN M. WALLACE, THEIR SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS INDUSTRIAL ROAD BETWEEN SEVENTEENTH SOUTH STREET AND LAYTON AVENUE IN SALT LAKE CITY, UTAH. WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 5th day of January, 1961, passed an ordinance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said ordinance will take effect upon its publication; and WHEREAS, said ordinance was published on the llth day of January, 1961; and WHEREAS, it is provided in Section 6 of said ordinance that said ordinance and all of the terms and conditions thereof shall be accepted in writing by the grantee within thirty (30) days of the effective date of said ordinance; NOW, THEREFORE, the grantees, LELAND S. SWANER and JOHN M. WALLACE, hereby accept said ordinance, franchise)/ grant and all of the terms and conditions thereof this day of January, 1961. LE . S ANER JOHN M. WALLACE State of Utah, ) ss. County of Salt Lake. ) On the 4 day of January, 1961, personally appeared before me LELAND S. SWANER and JOHN M. WALLACE, the signers of the above instrument, who duly acknowled ed to me that they executed the same. Notary Public Residing at Salt Lake City, Utah My Commission Expires: 3//�/� is 1 I I I DII`06• _ T- 12"��• �-=92.�D I I �, iII r° I la 1 _ oi 0/ il( o s 1. I DC bi n/ N Icc o (n . Proposed Spur Track _ / o 0 - — — INDUSTRIAL N ROAD __ TII a 1900— r— WEST — - - — — -- if --!L- _ ‘!, 209. r ,; Trk.li`26 rrk.N^26 4 _ -_~ I I / I I I -Crk K 92 i f h— 1 I--f Q r IT°28' ,(l I ' I I , /N i I i SALT LAKE C1'TV, UTA14 PROPOSED SPUR. TRACK. ` AT IPIDUST21Al CENTER Sack.:( -100" ' Y DWG•N! S•5f serfs3 t7-1952 1 , . I 1 g I it. ,-, 1 C) 1 \ rt- p , , ,.> I cr. r 1 ..,.. 1 I I ... .1 _64( 1•r 1,25,,.,,i ---I .., I 1 ' I 1 I' i I ' --- i) — 4- - . 4...., ",-I,-; I'.-..t 7)77Z-i-,--,•:-.;7z. 'Z.'e(.'' 1% I Q-I.!,J i't '''.vv I. ;".. ! I i I 1 1 !,' I es — I I 0 i 1 i .,, . ... _ 1700 .5OLITii ',1)-1-R FE ti' r i , 1 r-• rn 1 0 1 e -I rj, in ;I i • )),, C --. z I a' N 61 i til ro I'l '1 _ "z Z 74 C AN ORDINANCE said track as shall fromi,tUH8t77 .rE 64�4 AN ORDINANCE GRANTING TO time be required by said Board LELAND S.SWANER AND JOHN of Commissioners. M. WALLACE. THEIR SUCCES- lel Good and sufficient conduits TORCOANSDTRUCT OPERIATE LAND to dwindr good conditionaid s at MAINTAIN A S T A N➢A R D the a of said grantees in G A V G E RAILROAD SPUR all waternditches crossed Sr said • TRACK OVER AND ACROSS IN- track so as to admit the free Pas ➢USTRIAL ROAD BETWEEN rl water. SEVENTEENTH SOUTH STREET es Section 3.Nothing in this g ant AND LAYTON AVENUE IN SALT =hall he en Construed as to authorized LAKE CITY, UTAH. Salt Lake. City orits authorized Re it ordained by the Board of agents,tratnnvteaotorcom re sons Commissioners of Salt Lake City. °his Urns a hove been n v here. Utah: afro be granted,from tp vino,lay- Section 1.A franchise and right tee sewer lines,laying gas I 's hereby tetl to Le- nsa m epai ine ar ce dolts.aliet- lantl t it successors n 8i.ign .ing, wing'sa o e , v manner lace[their arc pert and assigns, it r g said rtreet.n to construct. operate and Section 4.Said grantees herein, bran a standard gauge so Indust rir and rsuccessors an assigns.shall track over and perms Industrial sa the acceptance of the [toad between a 3n Avenue South lieges andconsideration herein Framed. Laken and Layton Avenue In Salt and hereby n indathe of the same. air offke iy. Utah, within a parcel do Dowry bind themselves, eir scribedland o sarticulariv s(de- ssors antl a' gas,upon their efi as follows: successors of this franchise, to Heg r g t 'nt 2l$est - sa-d CitY harmless from Il feet N rtlth nd 1577.94 Eeet tM1'est suits. claims, demands nd ail fete Soutn Quarter corner cots.whatsoever, nctner ss law Range 15, Township 1 Spain. ed en for whde incaaaert- 1 West. S.L.sid so'd point ne whatd o against any man- being n the s[ side f lochs- er noeiomaeainst said Cie r ter,,SaaltrdLake tCliv:thentecl along erie. or dame ge Juries ttingrther- e to theright. having a wise.by eraso of the granting f i-dinsv of 460.839 eet. distance is franchise.or by reason of the of minnutes 52 sectonds ce South track and that tn or hen grtargeesfherea feet: thence along a s a to the the r u a d s left. having a a05.47 t e 593.16E me p tee bvnti nn of a s1ud4. feet.,adistance Ind st Industrial R feet to the ea is en lv any adudied- est ine off3 minute Road:thence ing m 'nsuit o proceed- South 7 17 minutes OB seconds f of may de anyke Cite; pod East 1f7.I47 stet along thethence against said Salt us saida pro- s n of curve Industrial Read, having their however,that grantees, shag atrad a to the right,having have t s and assigns.shallr a raof dius nffeet; t0 fcef, r ha 17° have Iits n had successors of e suit or 24 minutes e52 seconds Easth83.16 and defend the sme:a appear said feet to the east side of Industrial grantees their successors s and as- Road,cthence North 0°03 minutes suns.shalls breeyo in anddefend 08 seconds West 63.72 fee long Lake City en,'one'mimic or dam.Salt theeast ice f Industrial along a by r of the c nstructfon. 9,087 bsnuarenteet.and containing operation'or maintenance of said Section 2. During the term :f tack. this franchise the grantees shall Section 5. This franchise s be cabled to the following condi- Ca^tea Eor [he period £ slily tion.s; nu)years from and after the pas- ta)The said track shall be Laid pas- sage of this ordinance, provided, u and conform to the add however, that f for period f e (9) consecutive mo the Sur- f Saida street and shall at all Limes nine the life of hisfranchise -d be maintained by thegrantees spur track isof used for the to conform to the grade of id urpose for hich this franchise street, and if id grade is said granted. if there i sub- ward changed said ordinance of the stantial abandonment of is u oard of City Commissioners. the of said spur track for id bur- grantees shall, at their o oses,said franchise shall be ld- iease,change to elevation of the able at the option of said Hoard o conformof by said Commissioners: tt of d tCommis- sa1b1 Whenever said street where n rs said track shallwithin said trick isco struced shall he thirty (3 days thereafter e re- mapaved.resurfaced orred.the vet and the street stored to id grantees.their a and condition uniform with the bal. signs shall p successors o of saitl street with r eat p-it between the nails f a trace Lh cgarade,n terfals nd c n truc- of two (2) feet outside'''. ace tiro and to'the satisfactionof said tail with the a kind of ma- Beard f Commissioners- n the erialus d the said street.o went of the failure F td with such other material a foes to r said of andtf n. he a moved be the Heard f Cam. stores'd street h a tion t sfonecs, and all ties shall be and within said thirtvsul30)days laid tpon c 1ete base f u h te id k be done b.y £hiekness hall be directed hr Salt Lake City at glee eznense of said Board sof Commissioners. the grantees. the roadtopeiated9soa as be cause no all the terms 6.anldsco ditionsnthere unnecessaryimpediment to the of shall be accented Pin scoffing by nad dingy of said floe grantees herein 'thin thirty street o a hind rt is laid. f30) days after the tnikina effect roht toalt L late Cf d rcontrol the leache of his So �ne ttrueted within loch weed of Pell trains GG es nd Itl ear from the date ce s ch [ed pop spike track. a nuge,then this ordinance shall cars off rtn putting in said track, ben null and old. said grantees shall remSedo n7.In the opinionof said any interfere wit orthe Hoard of Commissioners, t is nee fe'4eofasait.dstreet, theybshall re safety to the inhabitants.of and Place such pavement with the Lake City, Utah, that this ordi- wilhsu other material become effective imme. same be ordered by said Board diafete. as Commissioners and shall r Section 8. This ordinance shall nlnee such sidewalks and such lake effect upon its publication. curbs ofn sai gutters ord the Commis Passed ySole Board Cite,,o Utah. and shall s ofnstruct the thise5th ofdue of January. 1961. gutters that they will allow the L.C.ROMNEY free passage of water and be to Temporary Chairman the satisaction of said Board of HERMAN J. HOGENSEN Commissioners.flm Soldm grantees shall put In (SEAL)No. 1 of 1961 City Recorder and maintain such crossings over Published January 11.1961 (C.74) I Affidavit of Publication STATE OF UTAH, ss. County of Salt T.airo I,en q1 Notices D.M. 0 ckey AN ORDINANCE tl4ANU g1NANCE GHANTING'TO LLACE THEIR SUCC6-i Go co SLI ioc'P.OT4ER'AIWn Being first duly sworn, deposes and says that he is legal advertising turgipiT RAILROAD DSPUR clerk of the DESERET NEWS AND SALT LAKE TELE- gqniNI7yytD5��ETTIWEE Rona A HG�wEEntsi yGRAM, a daily (except Sunday) newspaper printed inr the Eng- LAXELC TY[1TAyH OE IN SALT ttsh language with general circulation in Utah, and published in Com it ordainedfb6altheTabltYf, Salt Lake City, Salt Lake County. in the State of Utah. Utah: ° Section t.A franchise and rl ht t is creb�stoted to fie- That the legal notice of which a copy is attached hereto land t.it successors as Wa]- ]ac.Ihc1r ccess n assigns, ° `°"e""F`°°er°ze d° Salt Lake ity ill No 1 of 1961 {atn•a etVgrr'dVa.f rafigadistrial y Road between Seventeenth South level Sea,-Layton Ane,,a in Salt 'of ibldrds follow°a'tleal Ya`de- An Ordinance Granting to Leland S. Swaner and ' fe Be`SInnine t a point 2289,21, , from NthehSouth 1677.04tere Cmher W Section, 15. 'ownshln 1 sogn,. John M. Wallace a right of way for spur being' 1 West.S.L.M.,said n belle on the et 1de i Indus-,n trial Road at the Industrial Con- track. Cen- ter,Galt Lake City: Bh/ho thence along nadiTeof 40e.639 feet,a distance [2f 29.06 tee,:,thence South 17° 4 minutes 52 seconds west 114.90 feet•havens a alonedlus urfe 583.186 wrest line of Industrial Rode thence' • South 0° 03 minutes 06 seconds January 11, 1961. East 147.847 feet along the west aide of Industrial Road; thence was published in said newspaper on, along a curve to the right,having e r d1U.s of 564.16G feet,a dlslance 2f 171.92 feet: thence North 17° 4 minutes 52 seconds East 83.18 B[oa to the ca t sloe f 3 ee,Ie tee Bead the -e t 0 03c I teg9 the' tdict 1 ldU t e 1 R atl to beginning: ndd containing 4,087 sclUare Seel. � Seat 2 burins thet of tons:this i heo Ll p1 to t hall ,- � C .ee'. of s)Th get and hf ll a 8 copal- -'c �G e, r '-- (a)The said track shall.grade. Legal Advertising Clerk • p he gr Staten, to conform io Die grade-oi!te xid street. che Red by o loaner off the Board o£City Commisaloneeo,the arontpes sag. d thCir ow .change the conform toith of the tract s to eensaid tr the same. !hl Whenever s ee ed a hee aaty track i eo strutted redll he 12ty navel.i' 'es,the or repaired.the GG till uvdn all their successors or'afore me this - - - day of assignooeoe-shetween the rails-fora mace ni iwo f2 [get a kin of"XI; IVLi`vu"'aloe:tills"tl°etreet,'"o A.D, 19 61 with such then material r - c approved by the Board of Corn-i a. all flea shall la, '\ \ laid upon a concrete base f such 7� thick shah be directed by said Board f Comm ioner said S'd a Ce`IgIsbe lard eud ��� L n s r L pee as to c use o /�� � _7.� �-�, d impediment of said C street upon which it is laid. Notary Public !a1 Salt Lake Cit:reeve the conet°r' tare a d se trot and red der tea trains,altlitrakn, Isai']via to s shun resold track, acid grantees shall remove r any interfere rlh_the pavemen manner nbs gut- te-s°F a h street, nt shall same such nave apt with the same with 'Uclm then Cereal.' shall be nracretl by said Board q pE Commissioners d shall r- A place n h sidewalks and s Ch• curbs d putters to the atisE°c-, ti°n o£ns44a Hoard of Commis. d shop s1 nalien. the i gleers ts'ae o o°tail ale be uof the satisfaction of said Hoard of Commissioners. nr tl Serb erasntees shalt putvtea aid track a shiltrobin time to time bereavired by said Board of Commissioners. ( Good and sufficient conduits to convey water shah be lard and theioined infgoacid.Cvnditios it track a50 as itohedmit thedf ee pats eage a . Section v3, othing 1n this grant hall he so construed as to prevent Salt Lake City or its authorized• a Hants,o entraatorn ar pergola mo have to worm a fern- atteeoro y have been orhere- ana s may rated from a paving.laa- ter manna,lines. or conduits,alter- ing, te r eep air ng. or rfrin any manner, thSection 4.Said grantees herein, nd bYuthe'accs tancesofethe shall lieges and franchise herein graned,• and in consideration of the o hereby bind themselves"stet` and their successors of this"franchise, to said City harmless from all suits. claims,demands and lue- eats, city,whatsoever.wheter in law or m equity,rendered shall be'man, nee found oho everrender ed in any for in fury o damage against abutting prap- e-rtae personal i 'es or etherf by reason of the granting f this franchise,or by reason f the in ruction a re ant CF said rack e d tuft trio grantees hgns, wi theirrr and assigns,le. met themimsiiion of lude- tiont,determination amiea- toe wla yh a any suit al o proceed.u eeri r de of be be ound may yowo Salt Lake Csta 1/50. against. harenso r.that said ,"tees have c sand asny s.thar snits and a"et`eerttenny toadnsaid gend rantees,defend the successors aaddsei- as- signs. anneal.inad defend ai€n s shallions tie aneht against Salt Lukeoby reasone for any 1nlurenon uction, aeration tinof the once o coon, track. aratran . maintenance or said trSrection 5. This franchise granted for the etrd of fifty age years this oor and after dinance. eoeid d. e He p err however,than,rif for aipd of Inn thi ahikentat this frntels iiae,are yuiposes foe which t this fe000h!se antiatt abandonments Pti'the'use of said spur track for said pur al' sad franchise shall e oid- be at the ption of said Board ohf C om bym is siiodn o sat;c hearneda aIf s pocey'Ssadaetrk shall within r' ved(n 'the' eeorbeed to condition uniform with the bat- of said street with respect to Orionredo,materials snot construc- tion o l and to the issionetma of said Boardevent of Commissioners.s In the seant of the failure r sofa d re- ts tore =,aid track and r end sold street,t uch adios and within said thirty'(30) drys the safd m'k n be by thet Lan site at the exCensa e of Section O.Unless this grant and all the terms and conditions there- of shall be a ented in writing be he Hraes onthre!n within thirty ttOthisaordlnatncethe don isese been track be a"stile d within a (it year from the gate at such �'n u1i'a pan this near snail Section e.Ins the opinion of sadd Reard et Commisebnere,it is"ec- v to the p health and e-fety f the inbebitonlf of Snit Lako ,bee Utah, hat this pee. became effective rmme aihleiv. Section S.This ordinance shall to bossed beuthe booeduofiCommis- of Salt Lake City,Utah, this 5th day ,of January,1931. L.C.ROMNaEY TempP r Chairman HCRMAN J. ity Recorder EAL) Cite Recorder ut N0.1 of 1961 r bushed January 11,1961 fC-741 I