Loading...
54 of 1945 - Franchise to Denver and Rio Grande Western Railroad Company, spur track over 5th West between 5th So LAW OFFICES OF �.JC , FARNSWORTH Sc VAN COTT ■R� 111 1945 SUITE I311 h DEC -3 WALKER SALT LAKE CITY I,IITAHG 0t .S P.T.FARNSWORTH,JR. December 1V19 5 LDEMAR O.VAN COTT GRANT H.BAG LEY S.N.CORNWALL SAM STEPHENSON,JR. Mrs. Irma F. Bitner Recorder Salt Lake City City and County Building Salt Lake City, Utah Dear Madam: Re: Franchise to Construct Spur Track across 5th West between 5th. and 3rd South Streets, Salt Lake City - Bill No. 54 In accordance with the terms of the above franchise we herewith hand you acceptance thereof by the Trustees of The Denver and Rio Grande Western Railroad Company. Will you please acknowledge receipt of this instrument on the enclosed carbon copy of this letter. Yours very truly, 'J 'L Ovu c o r t, ` r. fcwt co-R- 5- Receipt of the above-mentioned acceptance is acknowledged this 0.4d day of December, 1945. City Recorder of Salt Lake City,Utah ACCEPTANCE BY THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND WILSON McCARTHY AND HENRY SWAN AS TRUSTEES OF THE PROPERTY OF SAID RAILROAD COMPANY OF AN ORDINANCE ENTITLED °AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN ONE STANDARD GAUGE RAILROAD SPUR TRACK OVER AND ACROSS FIFTH WEST STREET BETWEEN FIFTH SOUTH STREET AND THIRD SOUTH STREET IN SALT LAKE CITY, UTAH." WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 31st day of October, 1945, passed an ordinance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said ordi- nance shall take effect upon its publication; and WHEREAS, said ordinance was published on the 7th day of No- vember, 1945; and WHEREAS, it is provided in Section 6 of said ordinance that said ordinance and all the terms and conditions thereof shall be accepted in writing by the grantee within thirty days from the effective date of said ordinance; NOW THEREFORE, said grantee, The Denver and Rio Grande Western Railroad Company and Wilson McCarthy and Henry Swan as Trustees of the property of said Railroad Company, do hereby ac- cept said ordinance, franchise and grant and all the terms and conditions thereof this z7 h day of November , 1945. THE DENV AND RIO GRANDE/XESTERN RAILROAD hIPAN`�{ yJ By Aik47 TRUSTEES STATE OF COLORADO, SS CITY AND COUNTY OF DENVER, On the �'[ art day of � �' , 1945, personally ap- peared before'me Wilson Mc hy'and Henry Swan, who being by me duly sworn did say that they are the Trustees in reorganization of the said The Denver and Rio Grande Western Railroad Company, a corporation, and that in their capacity as such Trustees they exe- cuted the foregoing acceptance for and on behalf of said corpora- tion. My commission expires /7, /7,L7 Notary Public, residing at Denv , Colorado . . . , L . , I t I , ' ' ' I CI I r { �4 • C'''' i it _..'i + 1` + }, 1 4 "r p i I 0 `� R R G- - - c> Sri' ,� ,,,I ••1 4.j .t' ' 1;t' I :.-1 ci I 11 I r '+ I` �:;; t.I I e.l ,</, -It I- 1 f 4.. `Y - u- -., _ y 1 , ,, <5 ( -- f,..,I ; • t, 1 , ri ,1 1 I 3I+ I q' • . 4 0) I i & j b Ia,. 1 t . • f ^Fr_ �, __ -. -. .. . .. _ . .. . f y r / -' '�v- I" C.1 ,.�. ��L I , I. , - r A 4. 't II i -I t I ":Kµ, . I I01 .1 J.•Y I I1� { 11I I . . - v .�_ __ . .. ._ - _1 ..J ' I I l' i-� :ram _. ,._�:_. ,. r i.—. ' Ili tt;a!! -' I ', t i :, � ii __ f .. {_ � 1_ ....f� _ , _ ..., .,, l 1 !I I • I I I - • 1 I I II• V� . i; I I ' l - 'j I .'4 �: i •• I r • • • s . �.. 1 - ` �- - . - 1 .,.. , I `• C l ! '�\ [ t ; I� ! I j I - -�)- � -0 : '' ,. ,,`. V n• • • I . . 6 I /. �� ! i • , - — —___.�- i� _. _ ....1-4 i• � - • • f ' I f'•\ �I '� —o I ' f ' .w4)r:k7 : ` r rg t.f', • • II I I y p �=tom 4 y. AN ORDINANCE jc1. 1 L , AN ORDINANCE GRANTING TO THE DENVER AND RICO\GRANDE WESTERN RAIL- ROAD COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN ONE STANDARD GAUGE RAIL- ROAD SPUR TRACK OVER AND ACROSS FIFTH WEST STREET BETWEEN FIFTH SOUTH STREET AND THIRD SOUTH STREET 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 Trus- tees in Bankruptcy, its and their successors and assigns, to con- struct, operate and maintain one standard gauge railroad spur track over and across Fifth West Street between Fifth South Street and Third South. Street in salt Lake City, Utah, the center line of said track being more particularly described as follows: Beginning at a point in the center of the present track of The Denver and Rio Grande Western Rail- road Company which is 7' west and 261.5 feet south from the Salt Lake City Survey Monument at 5th West and 4th South Streets; thence turning out to the east on a curve 61 feet to point of #7 frog (Angle 8°10'); thence northeasterly on a tangent 10 feet; thence on a 16° curve to the right 90 feet; thence on a tangent 53 feet; thence on a 16° curve left 141 feet; thence northerly on a tangent 7 feet, to a point on the south boundary line of Block 46, Plat uA" , Salt Lake City Survey 2.5 feet east of the southwest corner of said Block; thence continuing on tangent parallel with west boundary line 427 feet to end of track, being 517 feet north of above described monument. The location of the center line of said track is graphical- ly shown in yellow upon the attached blueprint, which is hereby made a part of this ordinance. SECTION 2. During the term of this franchise the grantee shall be subject to the following conditions: A. That said track shall belaid over and across said streets so as not to interfere with vehicle traffic over same and that the ap- proaches to said tracks shall be Properly graded with such material as may be approved by the Board of Commissioners. B. Whenever said streets where said track is con- structed shall be paved, resurfaced or repaired, then said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two feet outside of each rail with the same kind of material used on said streets, or with such other material as may be approved by the Board of Commissioners, and. all • -2- ties shall be laid. upon a concrete base of such thickness as shall be directed by the City Engineer. C. The said. track -.hall be laid and the road oper- ated so as to cause no unnecessary impediment to the common and ordinary use of such streets upon which it is laid. D. Salt Lake City reserves the ri.;ht to regulate ana control the speed of all trains, engines, and cars operated by the grantee, its successors and assigns, upon said track. E. If in putting in said track said grantee shall remove or in any manner interfere with the pave- ment, sidewalks, curbs or nutters on said streets, it shall replace such pavement with the same or such other material as shall be ordered by the Board of Commissioners and shall replace such sidewalks, and such curbs and gutters to the satisfaction of the Supervisor of Streets and shall so construct gutters that they will allow free passage of water and to the satisfaction of the Supervisor of Streets. F. That said grantee shall put in and maintain such crossing over said track as shall from time to time be repuired by the 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 of free passage of water. H. Said grantee shall reverse the position of the iron steps which are located on the North side of the viaduct which extends over said Fifth Best Street at Fourth south Street so as to make said. steps face East instead of their ore- sent position facin iwest. I. Said. grantee shall remove so much of its spur track now existi;a.„ on said Fifth South Street as extends southerly from the junction of said existing sour track and the spur track to be constructed under this ordinance. SECTIO' 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents, contractors or persons or corporation to whom 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 streets. SECTION 4. Said grantee herein, its successors and assigns, shall and by the acceptance of the -orivile=es and fran- chises herein sranted, and in consideration of the same does, bind itself, its successors and assigns, upon its acceuta_ice of this franchise, to save said City harmless from all suits, claims, de- mands 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, per- sonal injuries or otherwise, by reason of the granting of this franchise, or by reason of the construction or operation of said tracks and that the grantee herein, its successors and assigns, will pay the amount of any judgment, determination. or adjudication which in any suit or proceedings may or shall be found against said Salt Lake City, provided, however, that said grantee, its successors and assigns, shall have had 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 rea- son of the construction, operation or maintenance of said track. SECTION''5. This ranchise is ._,ranted for the period of fifty years from and,after e passage of this ordinance; provided, however, that if fbr;x periq$. of nine consecutive months during the life of this f;a Chl'se aiiy of said track<is not used, or if there is a substan,f.al aba.40nment of the use of said track for said purposes, sail fara4ehi . hall be voidable as to such track not used or substarit 1.11,yse coned at the option of the Board of Commissioners; and:i +sc?o Ord by the Board of Commissioners such track not usedi:CW Atts Aially abandoned shall, within thirty days after its beink so ordte , be removed and the street re- stored to a conditIAn unifoS'kAith the balance of said street with respect to grade, materials and construction and to the satis- faction of the Supervisor of Streets. In the event of failure of said Railroad Company to remove such track and restore said street upon such notice and within said thirty days, the said work may be done by Salt Lake City at the expense of said Railroad Com- pany. SECTION 6. Unless this grant and all the terms and conditions thereof shall be accepted in writing by the grantee herein within thirty days after the taking effect of this or- dinance, and unless such track be constructed within one year from the date of such passage then this ordinance shall be null and void. SECTION 7. In the opinion of the Board of Commissioners it is necessary to the peace, health and safety of the inhabit- ants of Salt Lake City, Utah, that this ordinance become effective immediately. SECTION 8. This ordinance shall take effect upon its publication. passe by the B ar' of Comm ssionas of Salt Lake City, Utah, this 5/ . day of , 1945. '---aa, , :) • e � S. any r City Recorder r Legal AN ORDINANCE 1 AN ORDINANCE GRANTING , THE DENVER AND RIO GRA - WESTERN RAILROAD C0PMMMAA A CORPORATION.ITS SUCCESSOR', AND ASSIGNS. THE RIGHT CONSTRUCT. OPERATE A'lel MAINTAIN. ONE STAND GAUGE AD SPUR fi•- �:1 OVER AND ACROSS STREET BETWEEN FIFTH STREET AND THIRD u Ue{. TREET, IN SALT LAKE 1 TAH. BE IT ORDAINED BT BOARD OE C0MMISSIONEII&^ SALT LAKE CITY UTAR E t SECTION 1 A franer�iti T'hht Denvery id R' Gd. ern ran Rallroad Company. to _ k n Benknr,tey, ile th e and as netoi to c gaugeg a a 'spur es 1 oes i1th pun trees s Fifth West Street bet SSSS���'f Street South Street a d Third! ,g center Salt Lake City, nneb, enter lion of esri track being e :1` parrglrnioy described as fotlowe• r OOfflue at a point in the i45 inn a ihn present track 4 Railro 'Mgt.'', d Rin Grendt Weeterh AT ( Railroad Company which is I 4 t d nal S feet eon h l,;orn y114 :A tali Loire City Surveo Mp; S,t II oco West and Oh South¢set p�, In to ruing out In the e t :59 ml v gl SO to point :he tune rrAngle 8 deg.]a met then Thence a Ithence on a le degtaru et. :ee left 111 feat; shoe{ northerly curet. 161 a tangent 0 feet:to p't ib�'`. es mouth boundary line aof nBirckn tureen tW 9 5{feet east m f the a Ctkweu reeen 30 peer of 'd Blank: th nee c nttau 1 8 tangent parallel with e t boundary line 425 het to end.'at. —. --7/ • A . A4r. cif: of Publication • STATE OF UTAH,I . County of Salt Lake 3 ` ' track being 617 feet north of above described monument. D M Coker j a Thelocation of the ntshown f el ylf said track is graphically shown in yellow upon the attached blueprint, which is hereby made a part of this ordinance. Being first duly sworn,deposes and says that he is the a - SECTION 7. Daring the term 1 this franchise Eha•grantee shall be .uh;ect Eb the following r 9 conditions: vertisin clerk of THE DESERET NEWS,a newspaper A. Than id track hall be laid overand a rose RIM etreete tnot interfere with vehicle so published in Salt Lake City,Salt Lake County,in the State ic e d tt the ap- proaches,to said tracks shall ba properly graded with snob material as y be oores.ved y the oard of Utah. of Com .B. Wheneversaid streets where' said track constructed shall be Paved,grantee, or repaired, than That the advertisement • said grantee,its, resurfa and ire- signs. hall pave, resurface re- ' Bakspa between she rails d it aii with the feet kind tof of al Orl�inti,nce Ball No 54 need on eri eeeem or with ouch 1 ther materifll ea y be DDroved • an the Board f aCommissioners, Salt Lake City Corporation d all flee shall be laid open a ' base of aa , shall concrete be directed by thehOttyoEnid- n`C.-The said track shall be laid a d.th road- p rated a_��,p���to e lao.mp h tleand o rihtary e•te- � En common and ordinary u 1 h t t D hi h 16 V 1 ld. D. °i,E I ak an ree ro 1ha was published in said newspaper,in its issue dated, the eooato ee18 e a 1�7,jya speed.of-all tr ena(1ieg atlG`pjlle , _ open..tewd assigns, ., ps e, d stack. 5th day o f November A.D. T 9 45 a d as atin upon said track.sat. ranee putting t sor frank • said grantee in shalln remove or id ht, m interfre with gutters onm t. l time e"deets, i be re acesn said and was published meet it hall replace such pave- - matt al ho the same rd red the her material a A°Commteeieoners and shall replacerepb Ceandchutsidewal sidewalks, ti such the last publication thereof being in the issue dated the tiro of the Supervleor jof Streets ' November and sall o construct anttere that 5th day of A.D. .1945 they will allow free WO..of wa- ter and to the eatiefaction of the , Supervisor of Streets. �,/// �t uF.That said grantee'shall put / C .G/ ID said track an shall from time required by the Boars. Advertising Clerk. a ememeein ter°. y. G.Good and if shall ¢.Seta•eu /`) and maintained la mil] coodi and a reined'on'OW t.vteiti to j I all'the ater Dditcheelcrossed° r bye said track as to ad f free pas- t awe f water. If.Said grantee shalt reverse the ,y/ loca / posited of the i on steps hick are 6th .eEfay o f toa$fed on the eh extends ids o1 the aid o before me this Fifth`WesthtSt Street atn Fourth[South r Street so as to make said steps $aat netead f their present 1 face tien farm weer. x A. D. i9__.�k5. I.Said grantee shall remove eo much of its spur Walk now e t rating said ut eh South Street • /Talo 'extends aeheely from the b setd thed of eatd,,trwkng spur track --- and the spur 'track to be eon. SECT under ,this ordinance ti\.-- - -- ------------ ]unctton n ION 3, a Nothing this Notary l u ic. k' hell be construed ee to l,,,..4heeieniseag..81a Lake City or 'its persons ganW'tcoatraniore, or hop to or y o' franchisehereof fteerr he cot been may �' pay- log, granted from water e pipee¢, laying gas ornor m to' iOgts, leer lot. repet[in8 1n 9 nner pxoving Bald etreete. f,1 ,.s- 74 SECTION 4. Said grantee here. - In,its successors and assigns, shall and by the acceptance of the mini lieges binddesi and fr nti on ohii sm of herein the anted, same dn s itself, its and signs upon its acceptance as of this franchise, to u Said City harmless from all suit, claims. demands and Judgments.Whalen. whether in law Srin equity, which shall be asserted, found o rendered inany m whatso. ' ever against said Cityn for mty or in damage to abutting Property, Personal 'juries or otherwise, by reason of the granting of this franchise,or by reasonof the co s4ruction oeation' of said tracks and that the grantee herein, it said assign's, will pay successors eeCeamount of any judgment, determination or adjudication which in any.suit or proceedings may or shall be found against said• Salt Lake Cita, provided, however, that said grantee, its successors and eigne, ,Shell have had no. lice of any such suits and rtun ty toappear and defend Ism d' d eraleea appear ene- I '' d assigns, hall pI san del d R acuity brought na1 bait Lake City for y �tallttr ordamage by reason of the Ruction, operation or 9Al%TION 'y.saidce of This franchisem Is : ed Soya the period of fifty I tram ad after the passage thi -aatl ; provided, how. o a period f nlfe } monthsduring of hid 6i a any } said lied rEonmenteheret like ptd f d track for d Dur- glyit��i�l said anchise ll be r.';;10 dsble as to such track not used ..,sj or substantially abandoned at the option of the Boardandof Commis- i Boards of and Commissioneas ordered y the track not used or substantially aban- doned shall, within thirty days after its•being so ordered, be m- t. - v d 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 the Snpervr of Streets. an the • at of failure of said Railroad Company to remove such track and fora id street upon such notion d Within said thirty days, the Said Salt Lake City at may expense one of ea d ' Railroad Company. SECTION d. Unless this Brat thereeofl hall bemaccepted InnditWott. thIrtyy days uttertathea takingltlef- j feet of this rdinance, d less such track bq nstructed within s one year from the dale of h Passage then this ordinance shall he null d-void. , SECTION 7 the option of the Board of Commissioners it is t natetvarof to the the habitant a of Sallth t Lake City. Utah, that this ordi- t become effective immedi- ShC 4ECTION g. This ordinance ohall lake effect Upon ItsItspdbi publication, Famed by the Board of Coat thissi 31st of Salt Lake ob City,Utah, this 33e1 day f October 1945. EARL J. GLADE, iER, 8Md T. DIENER, I9EAL7 Clip Recorder. RILL NO. M. Published November lily 3846. 5 /