7 of 1980 - Granting the Denver & Rio Grande Western Railroad Company a franchise and right to construct, opera LAW OFFICES OF
VAN COTT, BAGLEY, CORNWALL & MCCARTHY
esxeer. 1e_ xvnreic.
LEOPJADO LOWS
141 EAST FIRST SOUTH
MAX D.LEWIS KENNETH YE rvE sJoF Fs,FFR
Es SALT LAKE CITY, UTAH B4111 ecry 1eso,eso rvnoiF.
- TELEPHONE S32-3333 BENNETT.
SUTHERLANO 6 SAN co.r
" AREA CODE 801 ies6loo,
S,AEPLAND PAN COAT 6>,.,,e„
May 9, 1980
.1017
e E IV �A. se. ,=,.erv„
LARSEN
A.SCoir SEAR
L KEL ER SOSO.¢ .rvorv« riELI. MAY 1 2 980 «�..eee 4srv.ery
;4)
Aie
Ray L. Montgomery, Esq. '� f
Assistant City Attorney
MA
Salt Lake City Corporation GCP #75
AI
Law Department
101 City & County Building
Salt Lake City, Utah 84111
Re: D&RGW Application for Spur Line
1500 North, Salt Lake City, Utah
Dear Ray:
As you know, this office represents the Denver and Rio
Grande Western Railroad Company. We are writing this letter to
accept on behalf of the railroad the ordinance passed by the Salt
Lake City Council on the 19th day of February, 1980, and first
published on February 27, 1980, which ordinance granted to the
Denver and Rio Grande Western Railroad Company a franchise to con-
struct, operate and maintain a standard gauge railroad spur track
over and across 1500 North Street approximately 200 feet east of
800 West in Salt Lake City, Utah.
The railroad shall, of course, observe all the terms and
conditions contained in the ordinance.
In informal conversations with your office, it has been
suggested to us that no objection would be made if in fact this
written acceptance was tendered to you later than 30 days after
said ordinance took effect. We assume that you now have no ob-
jection and that there shall be no question about the validity
of the ordinance because this written acceptance is being delivered
to you at a time which may exceed the 30 day period.
Once again we would state that, for the reasons set forth
in earlier correspondence to you, the Denver and Rio Grande Western
Railroad Company does not concede that it is legally obligated in
1'
VNN ,., , OHIa LC,, �.v nrvvrr�1- a i i ,rn1n.
Ray L. Montgomery, Esq.
May 9, 1980
Page Two
the future to acquire any similar franchise for similar rail line
construction in Salt Lake City.
We appreciate your cooperation in this matter.
Very truly/
ruly 'ours,
Ke rr t W. Yeates
KWY:pag
cc: Mr. Chad Chesnut
Mr. Robert F. England
Mr. Cecil Pearson
�i/
4/ ORDINANCE
AN ORDINANCE granting to the Denver & Rio Grande Western
Railroad Company, its successors and assigns, the right to con-
struct, operate and maintain a standard gauge railroad spur track
over and across 1500 North Street approximately 200 feet east of
800 West Street in Salt Lake City, Utah.
Be it ordained by the Mayor and Council members of Salt Lake
City, Utah:
SECTION 1. A franchise and right of way is hereby granted
to the Denver & Rio Grande Western Railroad Company, its successors
and assigns, hereinafter Grantee, to install, operate and maintain
a standard gauge railroad spur track over and across 1500 North
Street approximately 200 feet east of 800 West Street in Salt Lake
City, Utah, the center line location of said tracks being more
particularly described as follows:
Beginning at a point in the North line of u
1500 North Street, said point being 696 feet
North and 713 feet West from the Southeast
corner of Section 23, Township 1 North,
Range 1 West, Salt Lake Base & Meridian,
thence southerly along centerline of said
track on a curve having a radius 359.265
feet, a distance of 68.02 feet to the south
line of 1500 North Street. Chord to said
curve through the street area bears South
14°22' East.
SECTION 2. During the term of this franchise, the Grantee
shall be subject to the following conditions:
1. Said track, and the roadway between the rails and for a
space of two (2) feet outside of each rail, shall be maintained
by the Grantee as required by city and at all times conform to
the grade of said street. If said grade is changed by ordinance
by the city council, the Grantee shall, at its own expense, change
the elevation of the said track and roadway so as to conform to
the same. If any maintenance on said roadway is not completed
within seven (7) days after written notice from City, City may per-
form such maintenance or repairs to said roadway as it deems necessary,
pursuant to said notice, for which Grantee will entirely reim-
burse City upon presentation of its bill. Grantee will pay any
costs or expense incurred in collecting such maintenance costs,
including reasonable attorneys fees.
2. Whenever said street where said track is constructed
shall be paved, resurfaced or repaired, 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 to surface such street, or with
such other material as may be required and approved from time to
time by the City Council, and said surface shall, at all times,
be laid upon a concrete base of such thickness as shall be
directed by said City Council.
3. Said track shall be operated and maintained so as to
cause no unnecessary impediment to the common and ordinary use of
said streets by pedestrians and vehicles.
4. City reserves the right to regulate and control the
speed of all trains, engines, and cars operated by Grantee, its
successors and assigns, upon said track.
5. If, in maintaining said track, said Grantee shall remove
or in any manner interfer with the pavement, sidewalks, curbs, or
gutters of said streets, it shall replace such pavement with the
same or with such other material as shall be ordered by said City
Council and shall replace such sidewalks, curbs, and gutters to
the satisfaction of the said City Council and shall so construct
the gutters that they will allow the free passage of water into
the city's drainage system, and in all respects be satisfactory to
the said City Council.
6. Said Grantee shall install the type of materials for and
maintain crossings over said tracks in the manner required from
time to time by said City Council.
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7. If not already provided, 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
tracks so as to allow the free passage of water.
8. Grantee shall upon expiration of this franchise, remove
all rails, fasterings, ties and any underlying structure of
supporting material, if required in writing by city, and restore
the underlying street to the same or better condition and surface
as exists in the rest of the street with respect to grade, under-
lying material and surface over the areas described above.
SECTION 3. Nothing in this grant shall be so construed as
to prevent Salt Lake City Corporation or its authorized agents,
contractors, persons, or corporations to whom a franchise may have
been or may hereafter be granted, from paving, laying sewer lines,
laying gas or water mains, pipes or conduits, altering, repairing,
or in any manner improving said streets.
SECTION 4. Said Grantee herein, its successors and assigns,
shall and by acceptance of the privileges and franchises herein
granted and in consideration of the same, does hereby bind itself,
its successors and assigns, upon its acceptance of this franchise
to save said City harmless from all suits, claims, demands, attorney
fees, 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, personal in-
juries, or otherwise, by reason of or arising out of the granting
of this franchise, and that Grantee herein, its successors and
assigns, will pay the amount of any judgment, determination or ad-
judication which in any suit or proceeding may or shall be found
against said Salt Lake City Corporation; provided, however, that
said Grantee, its successors and assigns shall have had notice of
any suit or 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 Corporation for
-3-
any injury or damage by reason of or arising out of the construction,
operation, maintenance, or use of said track.
SECTION 5. This franchise is granted for the period of fifty
(50) years from and after the effective date thereat provided, how-
ever, that if, for any period of nine consecutive months during
the life of this franchise said spur track, or any part thereof,
is not used for the purposes for which this franchise is granted,
or if there is an abandonment or nonuse for nine months of such
spur track or any part thereof, said franchise or the applicable
part thereof shall be voidable at the option of said City Council;
and if so ordered by said City Council, said track or part thereof
shall, within thirty days thereafter, be removed and the involved
street restored to a condition to conform with the balance of said
street with respect to grade, surface, and underlying materials and
construction, to the satisfaction of said City Council. In the
event of the failure of said grantee to remove said track or part
thereof and restore said street under this or any preceding para-
graph, upon such failure and thirty days written notice has been
sent, said work may be done by Salt Lake City Corporation at the
entire expense of Grantee, including any costs of collection of
said expense, including attorney's fees.
SECTION 6. Unless this grant and all the terms and conditions
thereof shall be accepted in writing by the Grantee herein within
thirty (30) days after the taking effect of this Ordinance, and
unless such track be properly maintained as prescribed above, then
this Ordinance shall be null and void.
SECTION 7. In the opinion of the City Council, it is necessary
to the peace, health, and safety of the inhabitants of Salt Lake
City, Utah, that this Ordinance become effective immediately.
SECTION B. This Ordinance shall take effect upon its first
publication.
-4-
Passed by the City Council of Salt Lake City, Utah, this
19th day of February , 1980._,
CITY RECO-D
(SEAL)
BILL NO. 7 of 1980
Published February 27, 1980
—5-
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
-- -- ORDINANCE I Shana D. Conaty
AN ORDINANCE gr. tin}totheCraver&Rio 6,mee
Western right 1 Railroad
C uhr t y and s tab, standaid vacate
raitroarf spur track Over d across 1.500 North Streetapproxi-
mately
200 feet bast of West Street in Salt Lake City,Uta.
Be it ordained Ut •y the Mayor and Council members df salt Being first duly sworn,deposes and says that he is Iegal
Lake Cif y,Uloli:d,e Cenverr&Riau Grande right ern"'Raiay l eAttlCompany, advertising clerk of the DESERET NEWS, a daily
t.
ops rn and assigns,,natal` `ter Grantee. p (except Sunday) newspaper in the
operate „cr ss 150in Street gauge railroad per track p YprintedEn I1Sh
ana[across I500 Norio setter z pronimalely Elio tell navyg
o Roo West Sheet r Salt Lake City.Utah,me center line Inca• language with general circulation in Utah, and
ofion of said tracks beingmote particularly described as fol-
lows, g b
published in Salt Lake City, Salt Lake County, in the
Beginning at a point.inthe North Ilse of 1.500 North Sherri, Y Y
Soid point heing 696 Ices North and 713 feet West learn, State Utah.
utheast corner of Section 23,Tt,tO clip 1 North,Ranger) of Utah.
West,Salt Lake Base&Meridian,thence southerly along
centerline of said track on a curve havingradius 3i9.265
feel, distance of 68.0E feet to the south ine of 1500 No-1ii
Street.Chard to said curve through the street area bears That the legal notice of which a copy is attached hereto
South IA d..22'East,
SECTION 2.During MO term of this franchise,the Grantee
shall be subject to the lallowtng conditions:
I.said track,and the roadway between the rails and fora Pub notice of an ordinance granting the Denver
bvatf two(2).feet.outside of each rail,shall be maintained g g
he de antee.as,treet,It by city an at all times conform to
the grade of said street,If said grade is changed by ordinance
by the ilv council.Ike Grantee.shall,al its own expense,
changethe elevation of the said track and roadway as in & Rio Grande Western Railroad Co, the right
conform to the s e.If any maintenance on said roadway is
not completed within seven(21 does after written notice from
iy,City m perform such nainfenancc r repairs to said
roadway as it deemsr Bete purs t to sat preseee,for to construct
which Grantee 11 entirely reimburse City upon pincurration
et its bill.Granter wit,payan costs or x incurred in
collecting such mainlenance,cn ls,Including reasonable altos
rr ys foes.
2.Whenever said street where said track is constructed
shall be l paved,resurfaced or repaired,said Granee,its.suc-
thesaa a shall n taulsi,orrepair between
rrails and forgo ofsNyo leer outside f each rail with
the same kind of material used ip surface such street,Or with
thole to time by taw ch other )City Council,a required
surface shall,roved at all
times,be laid apron concrete base of such thickness as shall
Ire directed by said City Council.
3.Said track,trail be operated and,maintained so s to was published in said newspaper on Feb. 27, 1980
cause n e ofsd�iJ streets impediment
y Pedestrians and vebleleson and orm-
ordi-
nary City reserves the right to relpdafe-qnd control the speed
of an nano,engines,and cars.ocerated'by Granted its sur-
eessors S if,in lit said gns,vow den track.said Grantee 1 I - e
withor in any thet id Ile, \� C curbs. guttersmannerid streets,it shall replace h - ) �. l -s\ __\,
eni with the l 1 h other to shall by /4'V�C >
c
ordered by said City Council and shall replace such id talks, /v
arts, ,d gutters to the satistaclr.al of Ina said City Council Legal Advertising Clerk
and shall o construct the gutters Inat they will allow the free
1 water Into the if,drainage system,and in all /
respects be sotclartory to Ito said City Council.
ynsn6 said Grantee shall install the type of materials for and \,
maintain crossings oversaid tracks the roan.r required
from time to time nv.sa City em,ecb. are me this Sth day of
1.If oaf already ,,,(ae good and slmcient 'ra to
rarer shall he plaid and m intainee,in good seditionc
at the vexpense of said Grantee in all wafer ditches crossed by
saitl backs so as to allow the free rr:r;sage of water
a.Grfaste fastening,
wen nd an underlyingn leis structure
of sun-
portingn ._,..A.D. 198.9....
tang,aerial.p:,fits and awriting
bit, ,d restore
ying material,
if
required in
orrbetter city,
on and surface I
Iexists in the rest or the street with respect to grade,under-
ysng material and surtaLe over d described
SECTIONS Nothing this grant shall be so construed's ` [
to prevent Sall Lake City Corporation I.authorized J t,
franchise t' )- L 9 l r
ay have contractors,person's,or
may hereafter corporations h.gto whom from paving, '1 ,fK 7�::Ca...:.<:.....rr,
laying sewer lines,laving g water in con-
duits,altering,repair).,or in or
manner improving said Notary Public
streets.
r SECTION A.Said Grantee heein,it-,s and a
shall and by acceptance of the nrivllege>cand franchises
Merin elf,it,and is ,si id assig of 11 same,doffs Hereof
bind itself,its su arm assigns,1113011 es Hz acceptance llsnit,
of
this franchise s,[s a,d s, d lodgments
from all suits,
claims.demands,in egadV fees,and'llhe asset asserted,
n d r,
whether ere in Ian or in which shell he as id City
found or
rendered damage
in any manner whatsoever against said City for it
or be reason
to atce ari Property.(( ,al in r other-
wise,by rr is o out of Iheogranting aof ss,n,l Iran.
H,al t at any herein,its:determins and arsi diu will
coy we amount of suit
tpeacejudgment,determination all adi found
lion which r sI'� proceeding m, or'Hal,Ila found
against said Solt,its
or
essors an assigns
provided,hose had
o said Grantee,ir.a suits
ands and a t sto appear Haar had e�lg_
define of a soft usa ana a rorhmi to nand
defend luaus orll said lead all its successorsbrought
and as-
I shall pupae in and for an all deflates mag n rea-
1 Salt Lake CiisiCorporationout
tor any m'ury or damage by rea-
son , sing out of the construction,onfrafion,mdinlf
„e ur said mark.
nonce,
rosy end
ailed the
Is granted e for Inc period at fit
no(,N)years from mid after ee d al I date t hoar-
d,hin the life
that if,s t any period ninetrk,consecutive y part
Aar a the iifn at this t t,r Burp said seer track,or air
grantee,is rah used for the abandes forcrwhirh this Sfranchisee 1 ie
es or if there is k any art th o for
oche of such spur track orair voidable
of til franchise
of
or the applicable pant lit soot any
part
said
i id City
ai the nil,s id
said CityCont.!:te and it so ordered by tail Cisy Council,said
track t art thereof hell,within ce,tce days condition
tc
veal and the involved,sta r ow it t, a onditirn to
e.
conform and the balancee,saidi materials
with respect, grade.
and up said
lying eimcil aIn and construction,the t,In thef
satisfactionol
ante of sre ore Cod to a.In the et'here the d rase rr
said grantee to remove said hack di nil thereof and restore
said street under this o tithe paragraph,u such
Bray failure andthirty ts written noticeoCol-boron.
ce has sn,a the said ercy-
av be done by Salt Lake(:fly,'o in is of at the entire
o, Gruding including a costs of colle[tien oil osald
c ION 6 Unless th,,aranV expense,SECTION h. mess ceis grant and all the terms and chere-
I lions within hityshall(ly ays aft in a takI ov the t ra(his hereOrdi-
e d trey la0)days after the taking taint of d is Ordi-
nance, artless suched track he properly maiaai nod. ere
scribeU above,then this ordinance shall be null anti void.
SECTION r., the h of the City inhabit II s
neces-
sary to the neah, hat th�s ono safety of the inhabitants e-
Lake City,Utah,that this Ordinance Mcame ntle[live immf-
dinlSv
s ECTION a.This Ordinance shell take enact upon its first
nub Passed
Passed r City Council of;tall Lake City,Man,this
191h day of February,MO.
!l'.D L.WILSON
MILDFI.D V.O€hi AN1 MAYOR
CITY RECORDER
(SEAL)
PILL NO.I of 1900
Published Fehr..v Cl,1,80 P-il