69 of 1911 - Ordinance 69 of 1911 – Franchise, O.S.L.R.R. Co., spur track across 2nd North between 3rd & 4th We AY 0 5 J I TT A TT C E .
An ordinance granting to the Oregon Short Lino Railroad Co.zpany, j
its successors and resigns, a franchise and right of way to construct;
land operate a spur railroad track on and across Second North Street
between Third West and Fourth West Streets in Salt Lehe City, Utah.
• Be it ordained by the City Council of Salt Lake City, Utah;
SECTION 1. A franchise and right of way is hereby given and
'granted to the Oregon Short Line Railroad Company, ito oucceeeors and!,
;assigns, to lay, construct and operate a switch or spur standard
gauge railroad track across Second North Street between Third West and
Fourth West Streets in Salt Lake City, Utah, and conforming to the
'following description, to-wit:
Commencing at the street monument at the intersection of Third
:West and Second North Streets, and running rorth on the monument linei
:of Third West Street a distance of seventy-three and two-tenths (73.2)
1feet; thence west parallel with and nine and two-tenths (9.2) feet '
1perpendicular distance north from the south property line of Block '
iOne Hundred Sixteen (116), Pint "A", Salt Lake City Survey, a distance
!of two hundred twenty-one (221) feet to a point which is nine and two-
;tenths (9.2) feet north and eight (8) feet east of the southwest cor
ner of Lot No. One (1) of aforesaid Block One Hundred Sixteen (116),
thence southerly on a ten (10) degree curve to the right from a tan-
gent running parallel with the west line of said Lot One (1) , Block
One Hundred Sixteen (116), a distance of nine end thirty-three one-
hundredths (9.33) feet, consuming an angle of 0 degrees fifty-six (56)
Iminutes, to a point in the south property line of Lot No. One (1) of
'Block One Hundred Sixteen (116), which point is the point of beginning
thence Setitinuino on sane ten (10) degree curve to right a distance o
one hundred thirty-three and sixteen one-hundredths (133.16) feet,
consuming. an angle of thirteen (13) degrees eighteen (18) minutes
fifty-eight (58) seconds to a point in the north property line of Lot
No. Six (6), Block One Hundred One (101) of Plot "A", Salt Lake City
Survey, which point is sixty-eight (68) feet south and two hundred
thirty-eight and sixty-five one-hundredths (238.65) feet west of the ,
street monument at the intersection of Second. North and Third West
Streets;
jsaid spur track being delineated in yellow on the blue print map pre-
sented with the petition for sr.id franchise annexed thereto, and made
a part of this franchise.
SECTION 2. During the term of this franchise the grantee shall
be subject to the following conditions, viz.:
(a) That said switch or spur track shall be laid upon and con-
form to the established grade of said street, and if said grade is
afterward changed by order of the City Council, the {grantee shall at
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its own expense, change the elevation of the track so as to conform
to the same.
(b) Whenever said Second North Street between Third West and
Fourth West Streets shall be paved, then said grantee, its successors'
and assigns, shall pave between the rails and for a space 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 cement base of such thick
ness as shall be directed by the City Engineer.
(c) Said grantee shall put in and maintain such crossings over
said. snitch or spur track as shall from time to time be required by
or-
the City Council, and oars shall not be permitted to st.^nd on said
n
Second North Street longer than five minutes.
(d) The said switch or spur track shall be laid, cnd the road
operated, so as to cause no unnecessary impediment to the common and
ordinary use of said street upon which it is laid.
(e) 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 crossed by the said switch or spur track, so as to
admit of free passage of water.
(f) Said grantee, its successors or assigns, shall gravel and
maintain in good condition, at the established grade, the street
across which said spur track runs to within one and one-half inches
of the top rails and for a distance of twenty-five feet on each side
of the outer rail, subject to the approval of the Supervisor of
Streets.
(g) Salt Lake City reserves the right to regulate and control
the speed of all trains, engines and cars operated by the grantee, its
if successors or assigns upon the spur track aforesaid.
SECTION 3. Nothing in this re t shall be so construed as to
prevent Salt Lake City or its , agents, contractors, person
for corporation to whom a franchise may have been or may hereafter be
granted, from paving, se,aering, la.yinp of gas or water mains, pipes
or conduits, altering, repairing, or in any manner improving said
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street.
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 suc-
cessors and assigns, upon its acceptance of this franchise, to save
said city harmless from all suits, claims, demands and judgment what-
soever, whether in law or in equity, which shall be asserted, found
or rendered in any manner whatsoever, against said city for injury or
(damages to abutting property or otherwise, by reason of the granting
of this franchise,. or by reason of the operation, o paid spur 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 proceedi*gs may be or shall be found against Salt Lake City;
provided, however, that said grantee, its successors and assigns,
shall have had notice of any such suits, and an apportunity 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, operation, or
'maintenance of said spur track.
SECTION 5. This franchise is granted for the period of twenty-
five years from and after the approval of this ordinance.
SECTION 6. Unless this grant and all the terms and conditions
(thereof shall be accepted in writing by the grantee herein within
thirty days from the approval of this ordinance, and unless said tract
be constructed within one year from the date of such approval, then
this ordinance shall be null and void.
SECTION 7. This ordinance shall take effect upon approval.
Passed. by the City Council of Salt Lake Cit- , tah, August
7th 1911, and referred to the 1cator for his approval.
c
City Recor r.
Approved this /V3 da of iiugust,1911, Q r,
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