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HomeMy WebLinkAbout49 of 1913 - Denver And Rio Grande Railroad Company spur track 5th West 2nd and 4th South. (Butterworth) ROLL CALL VOTING YES NO �-1' Salt Lake City, Utah, Jnly 2nd, 19/.3 1 Keyser Korns I move that the ordinance be passed. .,- Lawrence. Morris . . . . . . Mr.Chairman Result 4 li y9 AN ORDIKANCR GRANTING TO THE DENVER AND RIO GRANDE RAILROAD COMPANY ITS SUCCESSORS AND ASSIGNS A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT AND OPERATE A HAIR RAILROAD TRACK ON FIFTH WEST STREET NETWEEN SECOND AND FOURTH SOUTH STRXI'TS IN SALT LAKE CITY,UTAH. BE IT ORDAINED BY TIM BOAR1) OP COMMISSIONERS OF SALT LAKE CITY, UTAH: Section 1. A franchise and right of way is hereby given and granted to The Denver and Rio Grande Railroad Company,its successors and assigns to lay,con truct and operate a standard gauge railroad track on Fifth West Street between Second and Fourth South Streets,in Salt Lake C1ty,Utah,on a route the center line of which is des= cribed as follows: Beginning at a point 349 feet south and 7 feet west from the Salt Lake City Survey monument at the intersection of Third South and Fifth West Streets,Salt Lake City,Utah, and runni,g northeast- erly to the center line of Fifth West Street, at a point 266 feet south of said monument; thence continuing northeasterly on a 12 deg. 30 min. curve to t he left about 202 feet to a point 69 feet south and 43 feet east of said monument; thence northerly along said Fifth West Street 211 feet to a point 142 feet north and 44 feet east of said monument; thence northeasterly on a 24 deg. curve to the right 125 feet to a point on the east side of Fifth West Street about 275 feet north and 68 feet east from said moment thence northerly 119 feet about 2-1/2 feet east of said east side of Fifth West Street. Sectieb 2. During the terms of this franchise, the grantee shall be subject to the following conditions: (a) Said track shall be laid. upon and conform to the a stablish- ed grade of said street, and if said grade is afterwards changed by ordinance of the board of commissioners, the grantee ehall,at its own expense, change the elevation of the track so as to conform to the se . it)/ Whenever the said street where such track is constructed shall be paved, then said grantee, its successors and assigns,shall pave between the rails and for a*aoe of two feet outside of each rail,with the same material as that used in the street pavement, and all ties shall be laid upon a concrete base of such thickness as shall_be directed by the city engineer, (c) Said grantee shall put in and maintain such crossings ova: said tracks as shall from time to time be required by the Board of Commissioners; and cars and engines shall not be permitted to stand on Fifth West street south of the north side of Third South street, nor north of 100 feet north of the north side of Third South street, at any time longer than five minutes, to) Good and sufficient conduits to convey water shall be laid and maintained in good condition at the expense of said grantee, in all the water ditches' crossedby said spur track,so as to admit of free passage of water. (f) Salt Lake City reserves the right to regulate and control the speedof all trains,engines and cars operated by the grantee, its successors or assi§;ns,within the city. (g)Said grantee, its successors and assigns, shall gravel and maintain in good condition, at the established grade, the street along which the track runs, to within one and one-half inches of the top of the rails and between said rails and on each side cf the outer rails, for a distance of twenty-five feet, subject tc the approval of the Supervisor of Streets. 7, 76 v altering, repairing, or in any manner improving said street,but all such work and improvements shall be made with as little in- J ry as practicable to said spur track and the operation and use thereof. Section 4. The said grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and franchises herein granted, and in consideration of the same, does 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 whatsoever, against said city for injury or damage to abutting property or otherwise by reason of the granting of this franchise, or by reason of the operation of said spur track; and that the grantee herein its successors and assigns,will pay the amount of any $dggmmeen�t,determinatien or adjudication which, in any suit or proceeding may or shall be found against Salt Lake City; PROVIDED HOWEVER, that said grantee,its successors and assigns, shall have had noting' of any such 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 constructisa,eperatien or maintenance of said spar track. Section 3. This franchise is granted for a period of twenty-five years from and after the passage of this ordinance and is granted en the condition that the grantee shall tear up and reaove,and relineuigh whatever right it may have in and to, that portion of an old spur track,about 65 feet long belonging to the grantee, now laid en a tangent on the east half of Fifth west Street opposite the north half of Lot 2, Block 63,Plat A, Salt Take City Survyr which forms no part of the line of road covered by the franehise herein granted. • Section 6. Unless this grant and all the terms and con- ditions thereof shall be accepted in writing by the grantee herein within t`Zirty days from the passage of this ordinance, the same shall be null and void. Section 7 This ordinance shall take effect upon its first publication. Passed by the Beard cf Ccrmiiseicnere cf Salt Lake City, Utah, July 2nd, 1913. f Gt C(`_s � _iftdlldaJ ,thyei ecorder Byd t Chief Deputy iyy %/ j i #,. w -.Pt, �`.- a ' *' 9 ip „X\\\ ''''1. , 0.. \ t";, t t . k '..i' I '. ' . . . ' ' ' i kt\ fi ',br , 4s?, r�.. ,,416,4 • t I iv •i� !".,t _ ..„........,* ... .,. . ...„_....._` ______ r ,. . ... rrr. f{ ty7()� ,t 1 1 4 IIi ♦ r ' •f f {y i .1. ' . 1 'I I - ' '''' - zir'''‘' '' , IN.--t,- - '-',4 ; :.i \ cv a.., 4 fj „'d4>',Y1inn , lI � � �,; ,_.. ,, � Jai x s -;Ir( r. d ;. v w d , •t 1r, �•v‘ - 1„ _� • x....g $ tfi Y § p,-,\ 1'�>61r ,,, �;,:e. • cy . ✓0... f;^ s rfy4 1 1,1 �v st A �,..,. 4 !• 1,1 a. s v ?- -i l' ✓" -t 1 . 'IIi I' ` ' 1/ jam 7 4 �.rf y„ a 3 _ 11IWIL;I !ir-' 07=` \ , . 111111111111110111 .. , , , . , .......— . , . , , , ; 1 1 i , - , , 1 (I) , c-t. I. 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