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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 II 69 it -2- 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 • -3- 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, it �"�'�O ��T.<<rOr• ti 'r - I'vt- _ r :fr e^,. -` \ . , . _ , . , lf•. . -. ' , ; .t .. 7f._ :1; uz, a n; . i r,-t .:u , !tf•y ;'I- no-, ec 3E ,r -, to -._,,. P`.f.;I s ' ' :41_: 07^:17 ' - - itf.4, _ \ , - - 1e:3 a , ftSA li:,.,i „rr, _ eo}f- ' 'I .. a .1: -v I1-41.-. 1. fd ,. fctfC. 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