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50 of 1922 - Franchise to Western Pacific Railroad Company spur track into Blocks 6 and 7, Highland Park Additi YE NAY ,/ ;. Salt Lake City,Utah, Aug. 28th 192 2
I move that the ordinance be passed.
j
C,een — jC
Stewart
Commissioner of Streets & Public Improve—
Mr. Chairman ments,
Result
I
AN ORDIN2t1Gh.
An ordinance granting to The Western Pacific Railroad Com;^any its
successors, and assigns a franchise and right of way to construct, operate
and maintain a standard gauge spur railroad track over and across Navajo street
between 1st South street and Second South street and over and across 1st South
street between Navajo street and 12th West street.
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SUCTION 1. A franchise and right of way is hereby given add granted t0
The Western Pacific Railroad Com:.,any, its successors and assigns to lay, con—
struct, operate and maintain a standard gauge spur railroad track over and
across Navajo street between Ph-st South street and Second south street; and
over and across First South street between Navajo street and 12th West street,
in,Salt Lake City, Utah, the center line of said qour track being more par—
t iaxlar ly described as follows:
Beginning at a point on the Uast property line of Lot 55, Block 7,
of Highland Park Addition to Salt Lake City, Utah, said point being
76.27 feet South and 29.30 ft. West from the street monument of
First South street and Navajo street; thence on a switch angle
leading from the main line of The Western Pacific Railroad track
which switch angle has a course North 82 degrees 20 minutes bast,
for a distance of 60.53 feet to a point on the West property line of
Block 6, Lot 1, said point being 68.27 feet South and 30.70 feet
East of the street monument of First South street and Navajo street.
Beginning at a point on the North ,.roi:erty line of Lot 1, Block 6,
of the said Highland Park Addition, said point being 40.27 feet
South and 144.30 feet East from the street monument of First South
street and Navajo street; thence Northeasterly over Hirst South
street along a 10 degree curve, to the left, the radius of which
curve is 573.50 et+so ist&`�. of 53 feet to the point of Tangent of
said curve; th.enceJalong Vhhe tangent of said curve to the point of
curve of a second + — -"+ _ � _—
n.
p ant of survaYwhivh s000n.d eel 6—eFg 10 degree curve to tle right,
having a radius of 573.50 feet, in a Northeasterly direction,
thence along this said second curve a di stance of 102. feet to a point,
s le#rrtet.rg on the North line of First South street, said point
being further described as being 39.73 feet 'Worth end 10.30 feet ';Jest
of the street monument of First South street and luth ',est street.
The entire spur is indicated by the yellow line on the a ttached blue pr int
and it is thereon shown where the said spur crosses the streets above re—
ferred to,
SUCTION 11. During the term of this franchise the grantee than be sub—
ject to tare following conditions:
(a) That said slur track shall be laid upon and conform to the grade of
said street and if the said grade is afterward changed by ordinance of the
50
j
•
Board of City Commissioners the pantee shall, at its own expense, change the
elevation of the track so as to conform to the sane.
(b) Whenever said street wlere said spur track is constructed shall be
paved, resurfaced or repaired the grantee, its successors and assigns, shall
pave, resurface or repair between the rails and for a s„a.oc of two feet outside
of each rail vi th the some kind of e:aterini es try,t used in the street pavement,
or with such other tonal as airy be approved by ties Board of Commissioners,
and all ties shall be laid upon a base of such material and thickness as the
City ;ikigineer shall direct.
(c) The said sour track shall to lid and the road oix.rated so as to
cause no unnecessary impedi;,mnt to the amnion aid ordinary use of the street
upon rhich it is laid.
(a) 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
resi gns, upon the said track.
(e) That if, in putting in said spur track, said grantee shall remove or
on
in any manner interfere with the sidewalks, curbs or gutters/said street, it
shall replace such sidewalks and such curbs and gutters, and shall construct
gutters to allow free passage of water, all to be d.one to the satisfaction of
the supervisor of streets.
(f) Said grantee shall put in and maintain such crossings over said
spur track as shall from tine to time be required by the Board of City Commis-
sioners and cars and engines shell not be permitted to stand on the track acros
First South street.
(g) Good and sufficient conduits to convey water shall be laid and
maintained in good oondition at the expanse of the said grantee in all water
ditches crossed by said spur track so as to admit of free passage of water.
-.CTICN 111. Nothing in this grant shall be construed to prevent Salt
Lake City, or its authorized agents, contractors or anyone to vtiorn a franchise
may have been or may hereafter be granted, from paving, sewering, laying gas
or water mains, pipes or conduits, altering, repairing or in any manner im-
proving said street, but such improvements shall be made with as little in-
jury
as practicable to said spur track and its operation.
SENCTI©N 1V. Said grantee, its successors and assigns, shall and by the
acceptance of this franchise and in consideration of the same does bind itself
and its successors mid assigns upon the acceptance of this franchise, to save
Salt J::ais City, harmless from all suits, claims, demands and judpnents what—
soever, whether in law or in ecuity, which may be asserted, found or rendered
in any manner whatsoever against said City for injury or damage to abutting
property or for injury to person or property by reason of the br4:nting of this
franchise or by reason of the construction, maintenance or operation of said
spur track, end the grantee herein, its successors and as signs, wi11 pay the
amount of any jud€;nent, determination or adjudication Which in any suit or
proceeding may or shall be found against said Salt lake City, provided, however,
that said grantee, its successors and assigns, shall have notice 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 construction, main—
tenance or operation of said spur track.
SECTION V. This franchise is granted for a period of twenty—five years
from rind after the passage of this ordinance; provided, however, that if for
a period of nine consecutive months during the life of the franchise said spur
track is not used for the pur)ose for which this franchise is grunted, or if
there is a substantial abandonment of the use of said spur track, said franohis:
shall be oideb]e at the option of the Board of Commissioners; and if so
ordered by the Board of Commis sioners, said spur track sha 11, within thirty
days thereafter, be renoved and the street restored to a condition uniform with
the be lance of said street with respect to grade, materials, and construction
and to the satisfaction of the supervisor of streets. In the event of faa lure
of said Railroad Company to remove said track and restore said street upon
such notice and within thirty days the said work may be done by Salt Lake City
at the expense of said grantee, its successors slid assigns.
SECTION V1. Unless this grant and all the 'brae and conditions thereof
shall be accepted in writing by the grantee herein within thirty days after
the taking effect of this ordinance and unless such track be constructed with—
in one year from such effective date, then this ordinance shall be null and void.
I =�
SECTION V11. In the opinion of the Board of Commissioners, it is
necessary to the peace, health and safety of the inha:oita.nts of Salt Lake City
that this ordinance become effective immediately.
SGCCTION V111. This ordinance shall tale effect upon its publication. I
Passed by/the Board of Commissioners of Salt lake City, Utah, the
s, (�1 day of A.4AAAJ- , A. D., 1922.
1'rlt, Or.
City Recorder.
Bill No. 5()
Published
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