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Home My WebLink About130 of 1966 - Granting to the Denver and Rio Grande Western Railroad Company, its successors and assigns, a franch Presented to the Board of Commissioners AND APPROVED JAN2} 1017 ACCEPTANCE cOY a[coapXCCEPTANCE OF AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS 15TH SOUTH STREET, WEST OF WALLACE ROAD, IN THE INDUSTRIAL CENTER, IN SALT LAKE CITY, UTAH. WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 29th day of December, 1966, passed an Ordinance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said Ordinance shall take effect upon its publication; and WHEREAS, said Ordinance was published on the 6th day of January, 1967; 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, said grantee, The Denver and Rio Grande Western Railroad Company, hereby accepts said Ordinance, Franchise and Grant and all of the terms and conditions thereof this 17th day of January, 1967. THE DENVER AND RIO GRANDE WESTERN RAAILROAD COMPANY By ty. , S. N. 1 Its Agent and Attorney STATE OF UTAH ) : ss. COUNTY OF SALT LAKE ) On the 17th day of January, 1967, personally appeared before me S. N. Cornwall, who being by me duly sworn did say that he is Agent and Attorney of the said The Denver and Rio Grande Western Railroad Company, a corporation, and that in his capacity as such Agent and Attorney he executed the fore- going Acceptance for and on behalf of said corporation. ReSiding at Salt Lake City; My Commission Expires: April 16, 1969 /30 F'E°. 8;65,50,1 ROLL CALL VOTING Aye Naye Salt Lake City,Utah, December 29 196 6 Barker . . . . ,/ I move that the Ordinance be passed. Catmull . . . Harrison / /�• G�Y1itE,/�/ ) 1/1iti-a Holley . . . . .� Mr. Chairman . Result . AN ORDINANCE AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CON- STRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS 15TH SOUTH STREET, WEST OF WALLACE ROAD, IN THE INDUSTRIAL CENTER, 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 The Denver and Rio Grande Western Railroad Company, its successors and assigns, to construct, operate and maintain a standard gauge railroad spur track over and across 15th South Street, west of Wallace Road, in the Industrial Center, in Salt Lake City, Utah, the center line location of said track being more particularly des- cribed as follows: Beginning at a point on the north line of 15th South Street which is South 89° 54' 52" West 244.58 feet and North 0° 03' 08" West 25 feet from the City monument at the corner of 15th South and Wallace Road (1950 West) said point being also 934.68 feet South and 2251.21 feet West from the North quarter corner of Section 15, Township 1 South, Range 1 West, Salt Lake Base and Meridian and running thence on a 338.933 foot radius curve to the right, whose center bears South 12° 43' 22" West a distance of 53.513 feet to a point on the south line of 15th South Street, which is South 89° 54' 52" West 263.65 feet and South 0° 03' 08" East 25 feet from the City monument at the corner of 15th South and Wallace Road. Said center line being shown in yellow on the hereunto attached print. SECTION 2. During the term of this franchise the grantee shall be subject to the following conditions: (a) That said track shall be laid upon and conform to the grade of said street and shall at all times be maintained by the grantee to conform to the grade of said street, and if said grade is afterward changed by ordinance of the Board of City Commissioners, the grantee shall, at its own expense, change the elevation of the track so as to conform to the same. (b) Whenever said street where said track is constructed shall be paved, resurfaced or repaired, the said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two (2) feet outside of each rail with the same kind 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 Commissioners. (c) Said track shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordi- nary 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 by the grantee, its successors and assigns, upon said tracks. (e) If, in putting in said track, said grantee shall re- move or in any manner interfere with the pavement, sidewalks, curbs or gutters on said street, it shall replace such pave- ment 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 satisfac- tion 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 grantee shall put in and maintain such crossings over said tracks 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 maintained in good condition at the expense of said grantee 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 construed 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 grantee herein, its successors and assigns, shall and by the acceptance of the privileges and franchise herein granted, and in consideration of the same, does hereby bind itself, its successors and assigns, upon its 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 injury 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 that the grantee herein, its 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 grantee, its successors and assigns, shall have had notice of any suit or suits and an opportunity to appear and defend the same; and said grantee, its successors and assigns, shall appear in and defend all actions brought against Salt Lake City for any injury or damage by reason of the construc- tion, 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 Commis- sioners, 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 con- struction and to the satisfaction of said Board of Commissioners. In the event of the failure of said grantee 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 grantee. SECTION 6. Unless this grant and all the terms and conditions thereof shall be accepted in writing by the grantee herein within thirty (30) days after the taking effect of this ordinance, and -3- unless such track be constructed with n 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 Commissioners, 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 first publication. Passed by the Board of Commissioners of Salt Lake City, 29th Utah, this day of December, 1966. MAYOR • 4\1\0 C'I 1 RD ER iltl (S E A L) BILL NO, 130 of 1.966 Published January 6, 1967 —4— 1 30 _ . ., .. ... ,.- n 1 .� 1 1 I i"c f,1 • -- --�1'2stt,.urr...-e_r rr_ __ _ N_c 0,3 DF_._'t" j p TT - RO%1 D ,s - i O V'' b/ `� __Tr.,-,k r„-a"ceol Li,r'ocily 14� 4�. I C..-iA fT', , I Iv' To p, w .,. 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SECTION N Y 11.ake R tl �tl '2 G G ,- o nn,, to Company r> ,, c�;�y nntl fnzitaln n s,andarrinr oRnra l^ sea,,,:l �<w n� an aC�. „1n — --- -- Il,c Ind. cr01 ,rroi'al Roatl, ICIfy Ulald III,I Lrn 1 linr In Sall bonbon or salty'rack O�iITT more""c"'"''' men ,mllaw, Being first duly sworn,deposes and says that he is legal adver- P!tl 'f`•n'"I ii1 4,,,s;°>'In°' 'e Using elm! of the DESERE"L'NEILS, a daily (except Sunday) 9nPl „ ot yi dear.o 'd a -1 n �,s? newspaper printed in. the English language with general cir- Cfl!n^ I,cn CIIyB 01,1 rt„ an/ Ihi= Road , s , c+slation in Utah, and published in.Salt Lake Cu), Salt Lake also .S fool- IIand',Alrr2; County, in the State of Utah. Iron) I nor II;n rer pooTior of S I,, fnwn',[i' I tl we`la S"',``rd That the legal notice of which a copy is attached hereto '1;hence r '410 n I � ° Ini^tl 51 miY Sulr "Ake pity I3�i1 T10 - of 1966 I ,.., rif ,I n o °°,aq An Jrdi lance Grant i ng to L' & RC 'A' ki Co AI ,, zs ,e^, from f'I !solnn o i w�,u.��e a�„r �isin gr sale r lino boron s nw I ,,.ight of ',',Tay. 5I y^!mw on'inn nereunfo allacnri ,_J siE �'°N 2I.In In❑ty se irnmIn,^t nawp.1^r ,n:',e la) II 1 said n k nn'''71 conformT atlitnrzal l 01011 all all ri cconfomllley 5r.d,"''','" In Cnr =16 , ▪ If,r i`ti Ua published in.said newspaper on J aIUT y 6s -967 "1 f uh ' Air, ;is n l kan tl ▪ II ^ M °aetl ' rai v '�'"rt that', l,r;cict`.1l aineilw, 'n01as s r 121 nf k inf r / !L ez-,, in f If � °Y tR hIIe fn k ,,II , ,otl'Inv - Y,ega1 Advetttsing Clerk ,a ,Yl 1nF`lr a,,itl '.n' ;rnb rin,l i�I;of ;id.,nn no s' �I�, i a�'ia (rl I _cf . un.I.latool/lair °Rf I' '"I I^ .sworn to before me this g h day of ' Ili • , l,-w If k� A.D. l9 57 �I t ` bolo, ,l r - Inn • m „fril r I , nor I.ua' n rcl x ? , , A at c Ilo de t, , _ Notary Public v9i we'Icr nntl be'lo rge�sal pa, r°on of a-tl Rnartl el,Oval's inns rs fll laid c,nter r' Iovrran ph I a r !rack, h 1 no r_' he tl byIn a Ir c. I I "Erp'1"O'frard nodn, EI, ,Il I rel's urn or'n 1 1 anal n n," Expires n' s i, rn 1 I cc^ rl I '1n I II it, IS SECTION ,Nroorl In❑cis van' , o tha101 be a City o^n ns ,, ,eve al i02 Lake City or nnli,'orimn oafs'^ onIn todrs.'or per.sno , c en Ire,n to ty 1oin tete-� 1r^I i pip,pi ill.allci any nnna ion, lntlrinvinn -air/ I''fl rl r� y P tl dClyl Iv II t% 5 red wli,�llrlvrr a Ci'iy pY f 1 a 1 r le° ill of anowni 1 v a, d.r o a b TII b Icunrl n9a nit) of Dart 1_af C I I �,irf h safe rA II dr. 1 t f l r l,.eih J a.wirl Hee and rr•ifi iln'.I .: cod hr•lcrd ill n�.I rs In y info, nS,alt wor„ aoSe rr'be It Ill ro i t itl larly rrl n raf:nu !.i pia iF rT ISO^lr p s 1^io tr t.r. 1 ll'. nlillvn(dA owde 1, howevoi,Pa r •tl 1,1 If Ic r.cod c IS)thp ° rt, of spur's. rferriF i r r k n lr C ei'd of edylr,- IIw re t I )a c F.. rbra ntl lllrc ,1`11 lien rodorin with. r i web rra 1 Q• irvi al or.f not cf t frflu:r o rk one ro,lore I rt Ir Illy°n'«1,nsrlon I.of,Clly n Ser It;N M1. ll ulereV v nd�a shall re;herren wifhin I ir dew, .11 ',r I I . end vulon Yar Ira c fll Yrclrn','d !d Q L .CTf C r II :aft,�.• A d om isrryp the n _S '1 sz Sob ily„I Ic frSEC '.9 icly[ C Ov B Jl.,nr, dl yub n( C_ m e C.lo ^'[o Id`d,ry o /.AYRA(KCrNII CF. 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