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
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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
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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
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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:
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SALT LAKE C1'TV, UTA14
PROPOSED SPUR. TRACK. `
AT IPIDUST21Al CENTER
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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