22 of 1946 - Franchise for Granting to Oregonshort Line Rail Road Company (Union Pacific Rail Road Company, lesse AN ORDINANCE
AN ORDINANCE GRANTING TO THE OREGON SHORT LINE RAILROAD
COI�Rf'ANY (UNION PACIFIC RAILROAD COMPANY, TvAIEE), ITS SUCCESSORS AND
FF9S'IGNS, TAE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAGE
t RAILROAD SPUR TRACK OVER ACROSS AND ALONG FIRST WEST STREET, IN SALT
LAKE CITY, SALT TAKE COUNTY, UTAH, ABUTTING BLOCK 2, HOLl ND SUBDIVI—
SION,LYING JUST SOUTH OF 13TH SOUTH STREET:
BE IT ORDAINED BY TEE MAIM AND BOARD OF CITY CODEIISSIONERS
OF SALT LAKE CITY, U H:
SECTION 1. That the Oregon Short Line Railroad Company,
(Union Pacific Railroad Company, Lessee), its successors and assigns,
be, and the same is hereby granted the right to construct, operate end
maintain a standard gauge railroad spur track over across and along
First West Street south of 13th South Street in Salt Lake City, Salt
Lake County, Utah, the location of the center line of said spar track
as it is proposed to cross over First West Street and be constructed
along said Street, abutting Block 2 of Holland Subdivision, being more
particularly shown in yellow upon print which is made a part of the
Petition, the description of the center line of said spur track being
as follows:
Beginning at a point on the easterly right of way boundary
of the Oregon Short Line Railroad, which point is 33 ft. per«
psndioularly distant easterly from the center line of the main
track of said Railroad at Engineers Station 2037 4 36.0 said
point being also 244.0 ft. southerly, measured along the City
monument line on First West Street, and 24.46 ft. easterly from .1F.
the City monument at the intersection of First West Street end
California Avenue; thence northeasterly 28.0 ft. along the aro of
a 10° 001 curve to the right; thence northeasterly along a tangent
to aforesaid curve, 66.7 ft. to the beginning of a 10° 00W curve
to the left; thence northeasterly 128.2 ft. along the arc of said
lrc, i
—1-
-2-
10° 001 curve to a point 8.5 ft. perpendicularly distant west.
erly from the westerly.line of Block 2, Holland Subdivision in
Block 10, Five Acre Plat A; thence northerly 310.4 ft. along a
line parallel to end 8.5 ft. distant westerly from said west.
erly line of Block 2, Holland Subdivision, as shown in yellow
oh the attached print which is made a part hereof.
SECTION 2. That said grant is made upon the following Condi-
tion, to-wit
(a) That they will install said track, as nearly as practic-
able, to the street level now existing. That if said track
does not run on the same level as the surface of said street
es it now exists, that they will alter and rebuild the
said roadway a reasonable distance book from each side of
said spur crossing said street, and change the grade so
that the surface of the street will conform to the grade of
said ajar track, and so that traffic traveling said street
will not be caused to slow down on account of any change in
grade because of said track.
(b) That they will keep and maintain the surface of said street
immediately adjacent to the rails of said track on each
side of said spur end in batmen said rails so that the
said street surfacing will be uniform with other perte of
the surface of the street along said roadway; and that they
will at no tine allow the sans to become in an unkept cord i.
tion and create a road hazard for vehicular traffic,
Co) That between said rails of the spur where it crosses said
street, they will use either heavy planking, or another
set of rails, in between the said track, installed in a
manner with surfacing material which will create a*mass-
ing similar to the others owed by said railroad company at
red lroad ores sings.
SECTION 3. That Salt Lake City in granting this franchise to
the Oregon Short Line Railroad Company, (Union Pacific Railroad Company,
Lessee) does keep end reserve to itself, its successors and assigns,
the right and privilege to excavate, go under, and around the said spur
track hereinabove referred to, while servicing, building, or maintain-
ing any of its public utilities, without notice to, or permission first
having been obtained from the said Oregon Short Line Railroad Company
(Union Pacific Railroad Company, Lessee).
" `'' SECTION 4. This ordinance, and all the
privileges herein and
hereby granted, shall be void and of no effect unless the Oregon Short
-3-
Line Railroad Company (Union Pacific Railroad Company, Lessee) shall
within thirty (30) days from the passage hereof, file with City Recorder
of Salt Lake City,Utah, its acceptance in writing of the terms of the
franchise, end its promise to abide by said terms.
g= TION 5. In granting this ordinance to the Oregon Short
Line Railroad Company (Union Pacific Railroad Company, Lessee), Salt
Lake City does so with the understanding that trackage theretofore eon-
atruoted in First West Street to serve the S. W. Mellen coal yard was
done so without any eapsaial authorisation of the then recognized
authority having Jurisdiction, to-wit; Salt Lake County, end the spur
track constructed to serve the I. W. Mellen interests was later changed
from its initial connection with the tracks of the Oregon Short Lire
Railroad Company end coupled into trackage served by the Salt Lake &
Utah Railway (Orem Line). The petitioner understands that the Salt Lake
&Utah Railway Company has petitioned the U. S. Government for disoon-
tinuanee and abandonment of its lines of railway; and therefore, in due
course the said servioe tracks from the Salt Lake &Utah Railway will b
cone inoperative, providing the Government allows the applicant to
abandon said Salt Lake &Utah Railway, and if the said tracks are remove,
it will be necessary for moms other railroad to serve the said trackage.
Therefore, pending the removal of the said spur track in First West str t,
the application of the Oregon Short Line Railroad Company (Union Pacific
Railroad Company, Lessee) to build the said spur track its entire length,
shown on print attached will be oonfined to the trackage as shown in
solid yellow line on the attached print.
sarriON 6. This ordinance shell take effect from and after
its publication and its acceptance in writing by the Oregon Short Line
-4-
Railroad Company (Union Pao if in Railroad Compaey, Lessee).
Passed by the Board of eammiasioners of Salt Lake City,y4h.
this A/0 L2i77. dey of ntor.--7,-G- ,, 194C•
-)
T P./00'Lti;,Iii 1)6d. e,3_,
CITY RECORDER
BIM NO.
PUBLISHED , 194 ..,
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Affidavit of Publication
STATE OF UTAH,
ss
County of Salt Lake
AN enCROM4Ce
N A N9$$O Q TNT RA TU•
I P T Oclwwy
Dgg}y,t{{ ON'PACit..,
E�, ITS SUCCESSORS AND AS. • Being first duly sworn,deposes and says that he is the ad-
. AWNS. TEE BIGHT TO CON.
'STROM, OPERATE AND MAIN-
TAIN,A STANDARD GAUGE RAIL. vertising clerk of THE DESERET NEWS,a newspaper
• ROAD SPUR TRACK O Y F.R
ACROSS AND ALONG FIRST
EST STRSALEET,N AL�1L K/ published in Salt Lake City,Salt Lake County,in the State
UTAH, ABUTTING BLOCK 2, • ' of Utah.
ROLLAND SUBDIVISION, LYING
JUST SOUTH OP' 13TR SOUTH
STREET:
BE I'P ORDAINED BY TRIP
MAYOR AND BOARD•OF CITY That the advertisement
COMMISSIONERSY0 OF SAVE LAKE
CITY,UTAH:
SECTION 1. That the Oregon '
Short Line .RNtroed Company. '• Ordinance Bill No 22
(Union Pacific Railroad Company, I
I.we),Ile successors and assigns, 1
' be;and the s dta is hereby grant
ndathe right
contract, operate Salt Lake City Corporation
r nllroad atr over and
a'og, Firot Weet Streets south of
nth'South. Street In Bolt Lake
• City, Salt Le re Coni Utah, the
spur location
fhe coiner
tino of e
trackld
'ea It le proposed to
r nn over Float Wset Street end he
et Pt a,nng Id street, nit•• was published in said newspaper,in its issue dated, the
ring.-nto a of gcula l Subdivision.w1n
--yeno upon mint which
.shown to
,snow upon Petition,
which ne min 29th day March 46
a part,of0o Par nun the id sour �f A,D.19
Mon Of the es follow.:
ono of.said sour
'track being as a point
Beelphtng at'a point on the<th 1
lY 18ht of way b idvre o[the one time
ore sIt trot as!learned,wmeh and was published
penny a en feet paeneu eenteg,dularlY tits, j
lent easterly fYom the ioy tine 1
F,.,t�I°mNn I Sg et e.'n;°Rd'maa the last publication thereof being in the issue dated the
. 't N"belt
eeerk station . �L ng.e
AAA bV t bdl r In 74 •:4y '',,
ai ' 4�1!,';';''''It
...29th._..day of March A.D.19 46
u r to
x^!a Js-07
°SectTltches n 3.'No070 ' Li.',,is..
M ,�. � Advertising Clerk J
shell
el be
00001ao hit a -.
f re M e Lre t o J 0.1 /1
or D Db ee one Whomk is -• i~
' be granted, front Opaving,sewer n
laying gas or water insane,pipe o
• dolts, altering. pairing• t
Ivy manner Imp ocitt arid street. I, ,1�y of
Section 4.ugtidgrantee herein,'s fo before me this 3oth da
eon and
,bA the acceptance of ties blieges 'nd 46
ard !rancid.t ion herein
ihr tame,do A.D.19
and,assigadulpte fyt t acceptance of
man'franchise, to a ve is t9er,
City
harmiete from all tithe, Iadme,Of. •�,J_u
n and lw o to whey.which
`` t _
insnwhether In law of at every. tenet
eholl be oneerted,found or rendered ` __
to a mannerry or de egslnto
said Onl u rduoY dnmaW to Notary Public
it.orabutting pee, Dreasoni f ire
therwthle by reason of the
repro granting
of of ehin lrruchtae, or by
the rutructlI .one
gallon S antespur , Da and
that the
t t'rantee herein, Ile s
aeon d eaelgna wee pa deler.
mina/Von oe adjudleattannnwhich in
any null.Or proceeding map be r
Mud! be found lies.a Id Salt
Lake Clr^:provided,however,tha
;��,5g 4, said grantee, De .c aeno andt�l,'e.
' a gnac shell have had notice f • ,+,r.
• / ouch sulfa d an beDortunit�
dl toyepptar and defend nee same;an
said grantee,Its appear It eora and ,
Aagin,tittll e ikhtln afelnet end defend
ell 1
Lek.City for any injury dam'
n
Roe by of the C ttritatien,
operktion or maintenkace of !odd
track.mom
a)k
:fie/lylpva� ••
Asa
/A � b i hrrs •
Block}9; rHollovdw9ubdlvigie as
shown In yellow on the attached
print which Ie made p Dart here-
of.
SECTION 1. That void grant is
blad4. upon the following condi•
teen,t0-wll:
It) That they
will
tia �toe nearly ae 9raccable
th street level now eaten..That
It paid track doe.not r n the
Came level as the nuriaere of said
street ae It now
eoiete,that they
wilt altar and rebuild the said
roadway reasonable n f said back
ink said et,nct,• end changir er the
ai
raid so that the entree.of t
llreet ill conform to the ate B!Mien 0.This franchise le as
of Idw emir.track, and me that Mt}nr theperiod of pfly 10e'geen
Orator traveling said street will 1 and inter the DCeeage f{his• not be c used to al, down nmoo a aeoee; Dreridea, however, }Fat
not t y track.
In rradtl rath.Eurioa otbel tier ref ulees
• bOloot t raidy- francrfee seed spur track is rot need
111 That they-will said
and for the purses.,
of ed in'i.e moveof a k streetyells
for Ich tFia
immediately eA)aCpn4 to the.falls � tersahhlra tad or if there 1/
I,of'said track n each odds of sale • use oof said emir
tcar0nt rf Lbe
our and In between Bald rails Durposea dpl+r track:h�l sib'
that the"rid street euriacing will frvnehiee
be uniform with othermde t sayable yet the.option f the Hosed
the surface of the sleet along sole } Commlesienere: end If eo or dared by the Beard I CommwMom
roadway;and that they become
at no ee. eau Pnr Octet .hall, ]then
ale allow toeto roecodo m tmrt. alai aqg thereafter be 1 my, north condition fosameee cud c mo ed ndnthe shad
rods hThard ete vehicular create
n albs le itl s
(e) That between said rails et nSeitbe d}orm Ih the balance id lrfet wish e o L to grade,ssd
she spur where It
eeea said maleelhle m tent, they will either heavy
the {iappfares r[Lrtblo Reay f
Planking.
n be wean the said`track,lnatalled fa lurreig oft axed lareno ST at ref the
1n manner with .urlaeln crow a- meld track ad-restore said sleet
terial'which will create a • noon h mien end itlp Bela
ins similar to the other.used by thirty illo day",the said work may
eald railroad company at railroad De Aone.,ns gale eke Cloy et the
cr Urge. expense of the krenlee.
SECTION 3.That Salt Lake City Section a. Unless this gran{ and
In remains Ole franchise to the aft hs ee a and in wrte 6Fere-
Oregon Short Lice Railroad Com- „!shall bh It ptea,fn w+tilve,by
Dan patty,Leeece Lesser) doper keep Dodd om_ o70j g0raan ee'herein UTIn •
to teeelf,Its successors a and f this ordinance,thldte unless
esoCht
assigns,t e right
a add privilege the
track be constructed within Noe
eIll >par from.env sue of sere.
excavate;µDue track hereinabove refereed and
voM. rdl9nnee ea It he nt it
to, (tile servicing. building, r ^
maintaining a t'its Duhlio u A- Section T.In the opinion of the
hies, withmttr+no lice to, or peen..rom Board of Commnelim a It nr
ten first having bens obtained from s=en Vo eke'peace, blallh .e
the old Oregon Short Line Rail- 1 f e° Idhanttante of Sall •
nod gCmnmmy(Union Pacific Reid Lgucae Clty. Ilteh lost his rtlf.
road Company,Lessee). ]y become Ef�eetivE ifnmetlltte•
SECTION 1,This ordinance. and
Beenlon
ail the pslvllege"herein and hereb9 taRq llteclg ppTkie ordinenm yhail
g ranted, shell Po sold A of Line
Patted by tl�enBoardafllCommle-
effect unleae the Otegmt Short Line slonere /.Galt Lake Cit
Railroad Company Ithlion Pnnifio Y Utab,
Railroad Company. Leaacel shall tttig loth deq }June, 11�/
within thirty 1301 ds Rom the EARL J.OLAUB,
• e fr
Passage hereof, file tvith.oily Its. MM
corder of 9e14 Lake City,Utah,its ' 2 IRMA P. BITNErdae•
P eafea in writing of the Mo. ' Bill No. al �ty Reeordar,
of the franchise,and its promise to 'AlDlleDed June 71'lgal:,
'abide by Id term.
SECTION h.In sr:soling thle aril- -
• e to the Oregon Short Line
Raliroae Cum0anr (Union Penile
Railroad C eY, Lessee], Baia
Lake City does. so with the under•
etavdhtg than trackage theretofore.
serve the
In First Weed,Street to
• the J, W.Mellon coal'yard
done . without Any eepeciel
e,lthorisation
DI the then recognised
authority baring 1ur'ledlclion,.Le-
i,
It;Salt Lake County,and the spur._.trackM.00nstrlmted.to serve the J.
W:Mellon Iviliaa wan lehn.rhang--
ea m initial
fro Its nitial connection with
the tracks of the Oregon Short
Line
to trackage Company
e y yna coupled
Salt
tr cage served by too
Lake&[Utah Rallwar bloom Line).
The petitioner understand.that the
Salt petitioned edhe 'U. S.tat gS Ctote has i rn
cnt for discnntinuanee and aban.
Moment II i el n due course the g
a therefore,
d
serviceertreeks loom the Sall Lake
k Utah Rallwa.v, providing the
OOvernm'ent Allows the application
to abandon Ire Sale Lake ay,Utah
Railway,end ft the said tracks ore
removed, It will be ...nary for
some other railroad to terve
the
said trackage. Therefore, rending
the removal of the said apse track
I f Oho Fire!
ono Short the West Street. application
Be010oad
Compan.r Milan Paeltic Railroad
bncs length,'
enid emir drab its entire lenChe
confshrifined to tn on e printtrackman en ehnwached ln it
solid yellow line on the attached
Print.
SECTION f.Thia ordinance ehali
take offset from and after few
Iwolfingaa 41by'Ike Oregon"Shorty eLlne
•
Company (Uni
Railroad Company.L epee In Paeltic
le vied by
y the Baked oft>Co Commis.
inn"isth day March LBae,
Joe,,• A�My T7{ESON,
Tema rm:m.
SRMA F. AIClral City Recorder.
LBBALI
PILL NO,22. •
PUBLSSRED„March et fete,
o
° O.:
or.
D=. , ,t.
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