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80 of 1965 - Granting to the Denver & Rio Grande Western Railroad Company, its successors and assigns, a franchis September 15, 1965 Denver and Rio Grande Western Railroad Company c/o S. N. Cornwall, Attorney 141 East First South Street - Suite 300 Salt Lake City, Utah 84111 Gentlemen: The Board of City Commissioners, at its meeting today, ordered your formal acceptance of a franchise to operate and maintain trackage near First West Street south of Fayette Avenue and also a consolidation of all the franchises for spur tracks and mainline tracks on First West Street and vicinity, which was granted under BILL NO. 80 of 1965 - published September 1, 1965 - spread upon the Minutes of the Board of City Com- missioners. Yours truly, City Recorder CC: Streets Bill No. 80 pet. 343-1965 Files 80 VOTING Aye Nay Salt Lake City, Utah August 25 , 1965 Christensen . Catmull . . . ✓ I move that the Ordinance be passed. Harrison . . .Holley. v /;. 4Ga 4%7 7-2'2 Mr. Chairman . Result . . . . / AN ORDNANCE !°_N ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT, OPERATE, AND MAINTAIN RAILROAD TRACES UPON AND OVER CERTAIN STREETS OF SALT LAIC. CITY, UTAH. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SALT LANE CITY, UTAH: Section 1. A franchise and right of way is hereby granted to The Denver and Rio Grande Western Railroad Company, a Delaware corporation, qualified to do business in the State of Utah, and its successors and assigns, to construct, operate, and maintain a single or double track standard gauge railroad to be operated by diesel or other power for the transportation of persons or property, together with all necessary switches, wyes, turnouts, side tracks and cross-over tracks, and all poles carrying telephone, telegraph, signal, power or other transmission wires necessary to the operation of said railroad, over, upon, and along the following streets in Salt Lake City, Utah, together with the right to cross all streets and alleys intersecting such streets and more particularly described as follows, to-wit: Corrmiencing in First West Street in Salt Lake City, Utah, at the point of intersection of the north line extended of Fayette Avenue with the center line of said First West Street, Salt Lake City, Utah, and extending thence southerly on said First West Street to a point where grantee's existing line ofi railroad departs from said First West Street near Thirteenth South Street, 80 and thence southwesterly over, upon, and along existing streets and alleys to the boundary line of Salt Lake City, Utah. The location of the center line of the above identified tracks as now constructed is graphically shown in red lines on the attached print which is hereby made a part of this Ordinance. Also the right to lay, construct, reconstruct, maintain, and operate spur tracks with all the necessary switches in connection therewith that run from the mainline tracks above described, the center line of said spur tracks as now constructed being graphically shown in yellow on the said attached print made a part of this Ordinance, and which said spur tracks are more particularly described as follows : (a) A spur track beginning at a point in the center line of an existing railroad track in First West Street, at a point 32.27 feet west from the east line of First West Street and 145 feet south of the south line of Thirteenth South Street; thence northeasterly on a turnout curve to the right from said track with a radius of 942.291 feet, 77 feet; thence continuing north- easterly on a tangent to said curve, 7.7 feet; thence continuing northeasterly on a curve to the right with a radius of 268.476 feet, 58.3 feet, to the south line of Thirteenth South Street; thence continuing northeasterly on the same curve a distance of 41.7 feet; thence continuing northeasterly on a curve to the right with a radius of 257.802 feet, 30.3 feet to the north line of Thirteenth South Street, which point lies 27.5 feet east of the east line of First West Street. (b) Also, a sper track beginning in the center line of the existing easterly track of The Denver and Rio • -2- 80 Grande "Western Railroad Company's interchange trackage at Fourteenth South and Second West Streets about 135 feet east of the east line of Washington Street and 70 feet north of the north line of Fourteenth South Street, thence westerly on a turnout to the right from said track on a curve with radius of 193.185 feet, 41 feet; thence continuing westerly on a curve to the right with a radius of 193.185 feet, 106.6 feet more or less to the east line of Washington Street about 9 feet north from the north line of Fourteenth South Street; thence continuing westerly on a curve to the right with a radius of 193.135 feet, 10 feet; thence continuing westerly on tangent to said curve 56 feet to the west line of Washington Street, said tangent being parallel and 82 feet northerly from north line of Fourteenth South Street. (c) Also, a spur track beginning in the west line of Washington Street at a point about 12 feet south from the south line of Fourteenth South Street; thence in a northerly direction on a curve to the left with radius of 181.40 feet about 73.5 feet to a point 15 feet east from the west line of,Washington Street, the tangent to said curve bearing approximately north 23 degrees 32 minutes east; thence north in Washington Street, parallel with and distant 15 feet east from the west line of said street about 418 feat to a point 90 feet south from the south line of California Avenue. (d) Also, a spur track beginning at a point in the center line of an existing railroad track in Washington Street at a point 15 feet east from the west line of Washington Street and 90 feet south from the south line of California Avenue, the existing spur track being located parallel with the west line of Washington Street; thence northerly in Washington Street on a thirty degree curve to the right 63.3 feet; thence north 19 degrees east approximately 38 feet; thence northerly on a thirty degree curve to the left approximately 58.3 feet to the north line of California Avenue. -3- 80 (e) Also, a spur track beginning at a point in the west line of Washington Street, 12 feet south of t ;: south line of Fourteenth South Street; thence on a tangent northeasterly, 45 feet; thence on curve to the left with a radius of 193.185 feet, 37.5 feet; thence on a tangent northeasterly, 16 feet; thence on a curve to the left with a radius of 193.185 feet, about 62.5 feet to a point 8,5 feet west from the east line of Wash- ington Street and 80 feet north of the north line of Fourteenth South Street; thence north on a tangent parallel to and a distance of 8.5 feet from the east line of Washington Street, 2889.2 feet more or less to a point opposite the north line of Lot 14, Block 2, Temple View Addition; at which point track terminates. Section 2. During the term of this franchise the grantee shall be subject to the following conditions, viz. : (a) The grantee shall change the elevation of aforesaid tracks as directed by the City Engineer so as to conform to the established grade of the streets, and if said grades are afterward changed by ordinance of the Board of Commissioners of Salt Lace City, the grantee shall, at its own expense, change the elevation of the tracks so as'to conform to same. (b) Whenever streets where the aforesaid tracks are constructed 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 (2) feet out- side of each rail, with materials to be approved by the Board of Commissioners of Salt Lake City, .and all ties shall be supported by a concrete base of such thickness as shall be -4- 80 directed by the Board of Commissioners of Salt Lake City. (c) All crossings, vehicular and pedestrian, over the aforesaid tracks, shall at all times be maintained in a good, safe, smooth, and fully useable condition for a space of two (2) feet outside of each rail with the same type of material used on said street. ,(d) The aforesaid tracks shall be laid and the road operated so as to cause no unnecessary impediment to the common and ordinary use of the streets upon which they are laid and all signs, signals, poles and switch controls shall be located out of the traveled portion of the street commonly used by pedestrians and vehicles, and are to be moved to new locations at the expense of said grantee, when and if the street is widened or otherwise altered. Any switches within the traveled portion of the street shall be flush-type and operated so as not to create a hazard to persons using the street. (e) Cood 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 the aforesaid tracks so as to admit the free passage of water. (f) Salt Lake City reserves the right to regulate and control the speed of all trains, engines, and cars operated by the grantee, its sucessors and assigns, upon the aforesaid tracks, and said city reserves the right to regulate the time -5- 80 trains and cars opar"ttad by the grantee, its successors and assigns, upon the aforesaid tracks, may obstruct public crossings. (g) If said grantee in installing the aforesaid tracks shall remove or in any manner interfere with the pavement, curb, gutters, waterway or sidewalk on the streets, it shall replace the same so far as possible and to the satisfaction of the Board of Commissioners of Salt Lake City. Section 3. Nothing in this grant shall be construed so as to prevent Salt Lake City or its authorized agents, contractors, persons, or any corporation to whom a franchise may have been given or may hereafter be granted, from paving, sewering, laying gas or water or pipes, altering, repairing or in any manner improving the streets, but all such improve- ments shall be made with as little injury as practicable to the aforesaid tracks. and the operation thereof. When Salt Lake City undertakes to lay any subterranean utility under the tracks of the grantee it shall be the duty of the grantee to underpin and protect its tracks while the utility is being put under the sane, and said underpinning and protecting of its tracks shall be at the expense of the grantee. Section 4. Said grantee herein, its successors and assigns, shall, and by the acceptance of the privileges and franchise herein granted, and in consideration of the same, -6- 80 does hereby bind itself, its successors and assigns, upon its acceptance of this franchise to save said City harmless from all suits, claims, demands, and judgments whatsoever, whether in law or in equity, which shall be asserted, found or rendered in any manner whatever against said City for injury or damage to abutting property, personal injuries, or otherwise, by reason of the granting of this franchise or by season 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 be or shall be found against said City, 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 for any injury or damage by reason of the construction, operation or maintenance of said tracks. Section 5„ This franchise is granted for the period of fifty (50) years from and after the date of the passage of tills Ordinance, provided, however, that if for a period of nine (9) consecutive months during the life of this franchise any of the said sour tracks hereinabove identified shall not be used for the purposes for which this franchise is granted, or if there is substantial abandonment of the -7- 80 use of any of said spur tracks for said purposes said franchise as to any such spur track shall be voidable at the option of said Board of Commissioners, and if so ordered by said Board of Commissioners, any track not so used or abandoned shall, within thirty (30) days thereafter be removed and the street restored to a condition uniform with the remainder of such street and with respect to grade, materials, and construction and to the satisfaction of said Board of Commissioners. In the event of the failure of said grantee to remove any such spur track and restore said street, upon such action and within thirty (30) days, the work may be done by Salt Lake City at the expense of the grantee. Section 6. Unless this grant and all the terms and conditions thereof shall be accepted in writing by grantee herein within thirty (30) days after the taking effect of this Ordinance then this Ordinance shall be null and void. Section 7. The following Ordinances are hereby repealed : Ordinance identified as Bill No. 131, of 1950, passed December 14, 1950, and published December 16, 1950; Ordinance identified as Bill No. 5, of 1953, passed January 22, 1953, and published January 24, 1953; Ordinance identified as Bill No. 9, of 1955, passed January 19, 1955, and published January 21, 1955; Ordinance identified as Bill No. 54, of 1958, passed September 11, 1958, and published -8- 80 September 16, 1958; and Ordinance identified as Bill No. 88, of 1958, passed December 31, 1953, and published January 12, 1959. Section 8. In the opinion of said Board of Commissioners it is necessary to the peace, health and safety of the inhabitants of Salt Lake City, Utah, that this Ordinance become effective immediately. Section 9. This Ordinance shall take effect upon its publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 25th day of August , 1965. //'T:9 MIYOP. //-/2' City a r (S E A L) BILL NO. 80 of 1965 Published September 1, 1965 -9- 80 ?1/79 re—..r ,,>1 U013 ..,,, • ,) :,-.,,r,J,1 . ..SER.:3 1965 ,,,,,,,,, ,„ sm In "" CO/C p 2108721 1,— P,,ei HAZL1_ , '",',Alcr CHASE STATE OF UTAH, AIOFE"E7 .-'.Y.. u.5%,--•ruty ss. ft.if, ,e.-.,(-:7,.- ,i,./-5- City and County of Salt Lake, ,,,‘- Herman J. Hogensen I, , City Recorder of Salt Lake City, Utah, do hereby certify that the attached document is a full,true and correct copy of an ordinance entitled, AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND RIGHT OF WAY TO CONSTRUCT, OPERATE AND MAINTAIN RAILROAD TRACKS UPON AND OVER CERTAIN STREETS OF SALT LAKE CITY. 5 passed by the Board of Commissioners of Salt Lake City, Utah, August 25 196 as appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said 3rd Sept ember 5 City, this day of 196 (SEAL), ....; CI -. -.e., \)L4W1M6rY' 4 ( City Recorder .e! . • t •...1 ,q •'"A I I, 1.':.--, • - ._ ' • -' L,.."'" Published September 1 196 . 5 ."., '9,•)./11_,,. e.,:k ' 151.1.V,R04 80 of 1965 g° Xattzt.t eta 2-3,44, 4// •:7,-- 4.5,1 f+-4 / - 14 3? .s' /i /1-e 4 73.4.,t2L, 62a- 4/2/ L'4 '2; 3 734 / .8444-41-6.2 ad,C - „ ,4z 4, f• # /324 /• „ ,...e.‘,/,e0c,0 ,e6 =13 44,94 g , 11.4.732,f a „t )° 4 ? 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WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 25th day of August, 1965, passed an ordinance entitled as above; and WHEREAS, it is provided in Section 9 thereof that said ordinance will take effect upon its publication; and WHEREAS, said ordinance was published on the 1st day of September, 1965; and WHEREAS, it is provided in Section 6 of said ordinance that said ordinance and all of the terms and conditions thereof shall be accepted in writing by the grantee within thirty days of the effective date of said ordinance; NOW, THEREFORE, this grantee, The Denver and Rio Grande Western Railroad Company, hereby accepts said ordinance, franchise and grant and all of the terms and conditions thereof this 10th day of September, 1965. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY BY 4, • � It Agent and Attorne j STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On the 10th day of September, 1965, personally appeared before me S. N. Cornwall, who being by me duly sworn did say that he is Agent and Attorney of the said The Denver and Rio Grande Western Railroad Company, a corporation, and that in his capacity as such Agent and Attorney he executed the fore- going acceptance for and on behalf of said corporation. ��� r Notary Public Residing at SaIt iice CiiE-y, U{h My Commission Expires: April 16, 1969 so c- 7-,- /3 -o' --i-y/- /3-3,g- .3:2- -,—3/4'- .l8.1-3& d- -/5e-a 3 s-'//- ,-53 - ,1e' Af-Y/- %E- -1rY . i-2f5--;3- 5.3 .✓-'/G-3.9.7- , o 1,/cf- 6'7/ - /v d-/X-//''' V ANORDINANCE1er keDeil and AN URANkkaUNTING TO RioGrande of Railroad THE DENVER AND RIO GRANDE rra,ntercrrne trackuge Se is l e nN AI=CUAU envY, at Foarreenlh bourn and secono I IS SueeESuURS ARE ASSIGNS,A t Ids t exANctntvc Avis] RI0Ht OrvvAY of e the east linea of Washington TO TO CONSIHUC'r, OHORATE, AND street a JD le or tee 'YVON.far N RAJ Lk., IRACKS north lane of Fourteenth South UPON AND OVER CERTAIN r rent,thence westcriu un a turn- ,1 bo ATS Or SAL I LAKE CITY, to the rrgnl from said trade UTAH. of lv5.Ied be IT ORDAINED BY THE reef,curve1 feet;t thences continuing BOARD OF COMMISSIONERS OF erty on a curve to In rigor suks1 LAKE CI i v,U I AH: withradius of 193.185 feel, socriet I. and right of lus.6 aent morer less to the guy r5 - Ito Street a Rio Granaeia,,s,e n Ran abafui 9 feet north trram°the north Ye, uda., line of Fourteenth South Street; non,u reed tta do`cus ness din the erry on a ee to Ireright with a radius signs,aUto uct,s0 and or curve leer, .0 feet; /hence e IraLK °asthma°weserly on tangent to aria, ullroad to ec operas tee to me ea anuyaru line ,oflf wing Street, said transpOrtatai0n of personsr vent, tangent nerng parallel and said oti feel northerly from north line of woes,�rtu wt. outs,r ssat a P s cant, urteentn south street. currying telepriene,srteworaphi sr9nall, ICI to Also, a the westaur l 1 ofccWaShlnalon Street at a tint about 12 feet to the o our Dl said Iron Inc lira of roafolllowinrg streets pin tat Sailf dkrng Lane City, end`rrre1V; meat, n the rrgnr ru osS Sevin t radius o Suchstreets it and won mlerseciin9 such a s m w,a ;a Is eeet east tt described eas follows,towitart Iroo Vest Street tit tor a said e e neaolls t intg ay. In Ire rSaltlr La Ke City,s Utah, at the e. s 34 pbint of of t trl norrn nines east; pot Ilse extended center tlt ors hayette erWill r line a r to rah, elision!1 unreel,e east i m he West t5iree�n Salt Lakes City,U1alt, r front said eFirstf WesIStreetsfl0 narrcoint teat me stout otn re r90 feet street- Or Lamont.Aven railroad9 departs tram existing First to of ,aAlso,a spur track beginning at Sir Stre.eet, reet and rllencear hi southwesterly th a gin}rna'iload center In Wasnn and along existing iegton Street atpoint 15 feet streets andaalleys to the boundary ea., r n e of Wasn- iine f ert ase Cltye Ilan, ingtoon Street and 90 feet south the of of the ter line of qam Avenue, the lseuthxi lined 15oa litntnia the above identified tracks a constructed isgraphically shown now crey arede p eel with the red lines On the attachedprint which west line of Washington Street; is horeby made a part of this thence n Washington Urdlnance. Street O an thirty degree curve Also the right to lay,construct,re. ognt 63.3 feet; thence intain,and u north a 19ri degrees east aooroxi- tracksawith all the n witch' o 38 tee'; thece n action therewirnr that run on a thirty degree curve to ethe from/hen mainline trucks above es. left apntne;ina 54.3 feet to peel, ire of said s the north line or California Avon- tracks a earner being lira- phrcarly as now yenow on the said (e)eAlso.e r(rack beginning at attached print Made a part Of this a point Insthe west line of Wash- Orarnance, and which said spun ngton Street,12 feet south of the tracks particularly des line of Fourteenth South cubed lot lrn Street; thence tangent lal A S r track beglnnind at a northeasterly,45 feet;a thence D pint in the center line of anex. to the left with a radius lofing railroads track irst of 193.185 feet,37.5feet; thence West Street,at a tint 02.2/feeta tangent northeasterly, 16 West from the east line of First onet; thence 0 e to the est Street and 145 feet south of left with a radius a of 193.185 feet, the south line Of Thirteenth South about 62,5 feet to a point 8.5 feel Street;thence nortneasrerly on west from the east line of Wash. turnout curve e to the right from nglon Street and 80 feet north of said track with radius of the north line of Fourteenth 942.291 feet,77 feet;t thence con- South Street; thence north on tinuing northeasterly on a tangent tangent parallel to and a dis- to said curve, 2.7 feet; thence .fence of 8.5 feet from the east continuing ar northeasterly On line of Washington Street, 289.2 yr to the right w'get', th a radius feet m or Into to a point°taco- south.476/eef,58.3 Feer, to thesite then orth line of Lot 14, south line of Thirteenth 50uth Block 2, north View nnuraon; Street; the e continuing os et nhr2hunritkrtataserly on the same north- Section Dig the term of tame of 41.7 feet,thence ontinu- franchise the grantee shall be sub- northeasterly a to e t to the following conditions,v • the r with a on curve to r fa) The grantee shall chane the feet,30.3 feet to the orth line.of 'ion f r foresail tracks an di- Tlirieenfh South Street, fh rch recied be the aforesaid Engineer,So s to point Iles 27.5 feet east of the nI m to the established'grade of east line of First West 5reef. the streets,and If said ages a fbl d spur track beginning in the after ward B and off Cemmied bssioners ordinance of Sara Meacenter Ilse of the ngi in '- 3-7 Jai-5-—i 3 St-.37 7 , ,r. 3yo-.sR ' - 7 • t ts hich as- ownP City, the the shall, ion lof Issued,I found)or rendered shall bebe any tricks so as collrO to same. manner Whatever against said City Inn avudneoever l streetsr where f e for in'ur or damage to abutting property.personal inl ri other- shalt paved, urfacetlswise, Sc reasonf tee grantingf red,I sad resurfaced grantee, s hs franchise or of reason f the so Ins ral 1a lea - construction r operation of said aaf 'between Ins outside II a d tracks,and that the grante herein, tor Ca Iwoa(21 feet a Ie of Is s and assigns.will Y eacn Ospl,, with m to be air the amount rot any lodgmen,deter- Proved bythe Boards of Commission- nation or adludicaii°n hick in II its, and all ties nv d or r enient ys.ma be OY shall or salt supported byconcrete vi Ilsoe wane a i s is Cate p or sucn gnome. a al e skied,however,that said grantee,Its dlrecrudoibSalt1eLukeardtyof Commis- successors ofdnasssuits,o shall hash si(c) All sings, vehicular and In opportunity 10 iaeu ar and di defend ned in and nassigns,shall appear ai and ordefentl lI clions broyphi onulttiiun�tu of ton,(2)u test g st Sall Lake Ci v fora y Janine c OI e,sinvxm,arid Olin to m0 damage by reason m the CO, ryne Of m aged on 551tles el. sfruction, operation so maintenance ale V a lracn5 s.naal be of said tracs, r laid lams-Ethel read lop au as to Section 5.This franchise isgranted aal woa,rnat t for Me a od f fifty (5) years inn comm nand"arna° use t the fr3 and°after the dare of the Das- °n e,eMeyve are laid d _ 0` his Ordinance. provided, ail Dilgnsuhsigllels, goes and c Bch In) car,that if ton riod of n' nlrv,s shag a located a of the (91 consecutive five months during the I:ave.ed portion the street corn- life of this franchise any of the Said es- pedestriansand vein- u tracks used o th itlenfifaen ells and are t be m vo to .ew`lo- for Mich this franchise r granted, e la gran- gqrr tee,°when and`Litho street d- or if there is substantial abarWOn- ned o Ile is alter d.s tAnv eat Of the d of any of said spur witches within tr the`traveled portion tracks for said purposes said ran- or 1he street s I be tivnn-ype 0 hlse a to any such s track shall °permed s s anot to create ha- b0 voidable t the spur Of said a e so using lt Street. Board of Commissioners, a d if s Yard tel In and sufficient conduits to ordered by said oa of and Commis- convey water Aida be laid a main- stoners, any track t s used lained In g condition atn the a x band fined hall, within thity (30) aerial °1 goad grantee n all water days thereafter he removed and the ddekss s0 crossed admit lhe ine flee Psa Id pas. wwithel the remitored nder ondit suc uniform trah street Of eatriD and with re9neet to grado,materlals, aaei salt Lake City reserves theand construction and to the satisfac- rinet to gulate and conrrol the iar 51 said Board of Commissioners speed°f II Cr ices and cars In the event Off the failure f said operated by the grantee,its succes- grantee to rr °fie y such sou trand signs,WWI the aforesaid track and restore said street, upon acks, and said ci1Y reserves the such action and within thirty (301 Iglu to r g late the a strains and days,the work may expense done by Salt cars ratedd bin them grantee,thin Lake Q City at the x e f the aforesaid successors tracks,may obstructpublic grantee. 6.Unless this p rant d all ss� the terms and conditions thereof <rfsg'i ifs said grantee in nsttal:leop the snail br aces ted writingby c aforesa.dracks hall remove r In tee herein within thiry( days aft- anyr Inlerlere with ere pave-Or the Inking effect of this Ordinance elatent, ca orierS, waterway or tarn this Ordinance shall be nor)and aik n the streets, it shall Id, place the s s far a possible °Section 7.The following Ordinances and to the satisfaction f the Boartl e e e re salsa-u ce Wen- of Commissioners of Salt ake CIN tined as OB ill No IA, f 1950,passed Section 3. Nothing Ir. this g-ant Decsmocr I, 50, dPUD1 led De- n II be c rt trued ' to prevent mdber 16.19510;Ordinance Identified half Lacontractors, 00 City °°Its authorized v 22,1953,and Published passed rn air acid chum Or one ar may e° whom yronrnaf- '-I95 J;Ordinance nh an n to, corporation have been -yen may hewer. No. 9, f oubb55,hnua Jan Jan 1,1955; ter be laying notl,from pas andlis gnu .g, re or winter urpipes,snne Ordinance identified setl m Bill No.54, leriney repairing a I, an Of published passed )ember 11, 1958;am her imnr d M¢ treats, buts all such and published Septemberdne)tied16, 1 No Only shall an nt le Ith s Ohm nance identified as Bill No. 111e0 snit v�acf stable ee the BB, of 1953, Passed ed December 31, taforesaid tracks d the operation 1958,and outdo!.January 12,1959_ hereof.When Solt Lake Cry under. Section 8. In the a of said fakes to lay anysubterranean Wilily Board of:°minis loin opinion P under the tracs of he grantee o s r to.the ants henalt and s lets shall In dubs t the tracks hies to f the i.at its Or f Sad ake City, d¢rDln and protect its tracks while fttlyelital this l men,. cr become ef- sae utility is t. non out under and Section 9. Thigh Ordinance hall otexand said, racks hail at take effect 9u its publication. pen of ifs}rgran hall be 1 ihn expense I the Ice se by the Boers-of Commis- ScCtisor, Said grantee herein,its sippers of Salt Lake City,Utah,this and assigns,shall,and nd 25*h dins of August.nR BRACKEN the acceptanceser ogra ,andges and J.BRACKEN LEE, francis herein granted,and In e - Ciic qe N J.HOGENSEN Itleration of the s e,does hereby bind Moo IIts a eetance of this (S E A Larder franchise to s< d City harmless BILL NO.80 el 1985 from all suits,claims.demand,and Published September I, t965 (C.151 judgments hatsoever, whether In ADm.SPA • • • Affidavit of Publication LegiiI ,Notices .H, AN ORDINANCE $g. ji AN ORDINAN�c TING TOke Il WHET DENVER ANDA IRi IOVU RON�vDY . ITSSSUCCESSORG"AND ASSIGNS,A j Ockey KANcnIaF A'VU KIUNr WAY PTO CONSINUCT, OPERATE,AND UPONIAI ANDKAIOVEFt1 CERTAIN �UT eHE IT ORDAINED A DV CTHE Being first duly sworn, deposes and says that he is legal advertising s°QR°aKEAC 1 hie""ERghtDo clerk of the DESERET NEWS AND SALT LAKE TELE- I' w ti IterebY pea Ranch?: Io the e Yale and Rlo Grande Western Hail, GRAM, a daily (except Sunday) newspaper printed in the Eng- paa� a elawura c ru°ra-. auailiieev'an tlo business I the !Tot' lisp language with general circulation in Utah, and published in >Sa,e or Urane and II s cwssors an sipn, re °n5�°' °'°`ar,rre2n Salt Lake City, Salt Lake County, in the State of Utah. =az aeueotleearona o°oe ooerm- 5. a ova oe oe°war oor the toaesooriwroa w ns or p 0 is Lava,'1°r'na,,'ks iae a a k"and That the legal notice of which a copy is attached hereto arrefn5 telephone,teleet3Pl,s nal, ( p onrairon iw Salt Lake Laity Bill No. 80 of 1965 ow ov ip the aeration f ksfea one said bran,To tner with Sal`La to loss Urans reets a with the I n o ailC1i+reetetsaedaalmere perlsularly An Ordinance arm ting to Denver &Rio Grande lae(criloa a5 eoiin 01Stwon: ,I In Salt Lake Flrsi West Street In Salto LakonCity, Ptah, at ine Western ailroad Co a Franchise and bight of Play. point f IerSaalon : men m R Ilnf tenEe^ of Favetla Avenue hh Ste c ter IlLa of Itl tab, 1 West arenni Salt ncee pith.Utah, I and¢x,endlne thence southerly said eFlrst n esr Sire5s to I f tarts zl tinsa Ilne of West dntepc asr from Itl First aet Stand Tlll southwesterly South Street, and thence a longihwentering °o-aets°a'liens to roe bounaery lin r halt Laake City,Utah. he °calmn r m¢ Ier line°f September 1, 1965. conthe bone Iis graphically tracks s os retlslinesatln the alfc'hetllvprinshown lch was published in said newspaper on hereby made a part otv this !Ortlinance. Also the right to ley,construct,re- I Iruct, b w lna ine h a nttle s i se t Itopiuun nr ,itnkeoin ntwhaba trriacka nowdeuo bsel ihde soer phlcaliv hown in yIlow ore thoefOI icrVce,Vri tlreah"did spur � ) iitr s ea folowparticularly Ue- a) a i�,oar ie�n teeil e tI eeFtirst Legal Advertising Clerk 'tae Si ge at air ,T1 D feet eSnirrsese tl.fSVrf lmhee tn ehoee T ThIf t efaesfete tslosFm°lrts arr turnoun c e it the rinhl from tin'tl2n1feet,IrackV itn a adios of SR. 11 feed thence can ging nnrinnasferly on tang S:rl to aiQ curve. J.J .e I; thence n 6 h1¢n rai tnr lIhhc�r a before me this 13th day of $treet;lliaence o"linlei�n� astern n ne`" a ais 65 tan¢ t ea teed thence curve'o A.D. ]9 In°no iheaslerlV a u the right with a the no of line or• \ � �¢it eent feel of the north line h Thirteenth South 5le et, hlch point Iles rile etet fast r the l // 1 Ilne p First Wesr Street. (b)A15o,a Spur tragc beginning In Notary Public My Commission Expires Nov 25 1965. So Legal Notices -- 10 If m grantee in Instating the •the center line !the existing aforesaid atracks hall r aye Or in anv manner Interfere with the cave• Ca5lerly track of 1'he Denver and ni, orb. auttere, waterhatl o Rio Grande Western knit°aa siaewelk g r. c°mpanrs mrerenange trackage pl:xe me Solna sr tear as'na Possible t Fourteenth South Second and to the satisfaction f he Board West Streets bout 135 feet¢ t 'of Commissioners of Sall Lake C,IY. of the east tine f oWashington Li-^Section_I.iNothing in this grant treet and 10 feet° n,of the `Saul Cikenner,V lis Qpd1SA N th line of westerly South agents,contractors,'persons,Street,thence sterly o turn- ou anon to whom ranch!se out is ry rl hf`arm Saida track nlao have been given r Y herleeal. Ridradios of 193.195 ter be granted,from o - feet, 41 Net: thece tinning g.IaYina gas o water or a aloes,al. •IerlY ;u curveto rite Igor tr ing, repairing airingiror is only all urn with dfrs oro 193.185 Verbthe 105.E fee! r less fo)M1 r e ents shall be made with s east line f Washington Street little v-eT litable el the - labout feet north from the north aloresaitlurfracks°f d he a anon ine f Fomteenih South Street: Inereof.Worn Sall L'9'e Cit�u der, thence continuing westerly Oakes to lay an subterranean lilita to°the igh1 with radius tler the r ks ub the ea^ee f of 19J.IB5 feet. 10 feet; thence Stall be the duly t the grantee to co tincury westerly o tangent to underpin and protect Its tracks while mC 56 feet to the west ' e utility is^rims put.under the Dine curve Washington Street, said ntl sad ntlerpinnine tangent being parallel d B'o ofectleo°I'is ilks snail b.-4 I°ef ornherly from north line f Fourteenth South Street. 1nSectioonn expense Said grantee.grantee herein,Its (c) Also, a spur track beginning successors net assigns,shalt,and by Sthe west line rot Washington •the acceptance of s the privileges and reet at-a point about 12 feet -franchise herein granted,and In c south tr°m e south tine of 'deration of the s ,des hereby ourleenrn SOInn gree?, memo bind itself, its successors and as- ina northerly direction on - 19 p gas tnce of tis curve t inepleft with radius of franc?Be to s said City harmless grin)fte reeleast loom feet oast from all suits,viaims,demands,and .,l a0tof freer,w lodgments whatsoever, whether in lcatollsaid curve l bearing au. law In eduand o,wrendereshall me as- tangent P.awing east iorm 43r°e bee manner'whatever rendered °said Gay Yvasntuuton 'i, ararel wish for vhtpersonals moor 10 hotting and distant 1s feeteast from the se, by eas ola ltl a granting off r t p of s grow abauf 4)8 this franchise gar by reason t the ' teat to d point 190 feet south(rem On-tructi0n or rton of said s°utit I,ne or Cniitsrnla Ayer- tracks,and tat the grantee herein, iR(tlUe.Alto,a sour track beginning at the successors of a any al Udpmrnt,�Ideter- a eat in the center one f an Ina too Ur adiutlicati on which in moron existing tat at track pints 15 feet 'sta shall suet founarauPiinst s id beCity or from tie west line Of Wept- vded however,that said a fee,its Melon Street rd 90 feet south successors and assigns, shall have from Ind south line Of California had notice f n suit or a Its and Aeven a the exisainr spur track opportunity toyappear nd defend Db u locatetl a Iel with the the same, n said grantee.Rs sue - West'line of Washington Street; catetsdsors a.assigns,ll ctionls appear brou it Street on°rthfblitvl cleq,"tgrlon against Salt Lake City for any ini rY to the right d},3 feet; thence damage b a red of the PM,n°rth 19 degrees east approxi- sfructi°n, e e lion sot maintenance mate!),38 feel;thence no to rly of said tracks on a thiapprty oximately curve. feet the tor¢then peon riods of franchise ((501 range' Me north line of California Avem from E after the date f the tar es- tel afro, sour track beginning at ore of this Ordinance,u Ocer (rice however,c that a for, of po int an ee t Ilse or Wash-Me ilif consecutive oaths during the south^Street,I2leer souls I the life of ratsus hermit v of Me Id Ilse ) F oarleenln of not le usedi^above Identified southnortheasterly, refe thence 4 n tangent spur f bh used for the erdotrd. o I uaslto y,45 on tar on for not this frubstant ton, ',if )°file Icfl en a dios orm if f the is substantial aid sour o)c19J.1B5 feet northeasterly, thence tracks°rfor1Csaid purposes posesf said 'Iran- feet j penceh �ro nor curveertof the ehise as t°a such s ur track shall deft t radtusaof 193.165 feel, he voidable any Bihe options f said b0U1 d'a.5a feet Ip Int 8.5 feet Board of Commissioners, tl If wet from the east line of Wash- ordered by Id Board of Commis- 'gran Street and 80 feet north f stoners, y track t used or the north line of FOutteenta aonetl hal within thit (30) South Street; thence north a days thereafter be removed and the street stored to a condition uniform tangent ranee to and aa east with the remainder of such street lane of as feat from the east and with te te de,materials, lfeetine of a or less to Street 299.2 and construction and to the satasfac- sire the no thss to a i tops- too f Said Board of Commissinne,s. Block)1, north line Additiot on, in the event of the failure of Bald al which °inn track terminates. track'an to d restore owlet ystreet. sour Section 2 During the term of this ucT ,flan and within thirty 130) Sect o the the ora lee shall b,sub: I days,the wrk may expense done hoe Salt 'lect to grantee a conditions,V Lake City at the f the (a)The f grantee shall change di. elevation f r o aforesaid Stooks dif grantee. reeled by ihef file's nngineer,so a to ter d.Unless this Aran} a all conform to the fablshetl atle or the( terms and conditions thereof the streets`and If said metes a hall be acceped In writing by gran- Iterward hanged by ordinance f (tee herein within thirty(30)days aB- the B oartl f uracise oimos°a Sall the iaking rarer of ll'V Ordinance Lake City.the ranter (gall, 1 its (hen this Ordinance snnll be null and csange the elevafsan of VOSection e The fallowing Ordinances the°frackesso a 10 ccnfor w to a hereby repealed:Ordinance Iden- ibl Whenever streetsr here the Ill lied Bill No.131,Of 1950,gassed aforesaid tracks constructed December 14,1950, d published De- shal be paved. resurfaced paired,then said grantee,its s zing;16,19501 Ordinance Identified s Bill N° 5,of 195], tl Janu- face or repair between)ire o ails aof a 22,1953,and published January fora space of two a(2)feet outside of 24,,1953,Ordinance Identified as Bill ea oh I, h materials t0 be ao- No.9a, f 1955,passed January 19. vetably the Board of Commission- 1955,and Published January 21,1955; (Salt Lake City,and all ties Ord lnanceo iidentified as Bill No.56, bshall be surprted by a concrete of 1956,passed September 11, 1958, ase i c thickness a halt be and 6rshetl dentlirder it 1Ne, directed by the Board of CommisOrb ff1 ece identified as BI11 No, stoners 1 Salt Lake Cite, 88, of 195, passed December 31, lei All crossings,s, c hicuiar and 1958,antl published January 12.1959 pedestiait ver the aforesaid tras, Section . In the opinion at said snail at n times Ue maintained inae Board Commissioners d i ec - good sale,smooth,and Suitt useable I to trod n snit e s v. condition fore of Iwo(11 feet arise aI ltenis'ot San lake cdv, outside of each rail wain the same wan,that this Ordinance become ef- fective of material ua d on said street. tecfive immediately. The said tracks hal Section 9.0 This Ordinance shall laid s and the road operated so a t° lake elect eon its oubllcatl°n. impediment Passed byy the Board of Commis- Ithe eomm and satint use of the )piers f Sat Lake City,Olan,Mle °n n ch May are laid and 15M day of Aug Bst CK ,Ial)e signs,OLSgn Is, poles and watch J. RACKEN Mayor tcontr.), hcln be located of of the HERMAN J.HOGENSEN raveled portion I the stret com- monly City Recomner sod bypedestrians and vei- (S E A L1 cies,and na a to ee moved to w In BILL NO.80 of 1965 wheat the h Celf(nee street said grad• Published Senlembec 1.1965 (Gs!) rood ° and If altered. Any of iihees within all be the t traveled portionand rated street not to create rpea ha- bafe°leGdotlren0lsuffbf�lea dflnrtfs to rained In good condition at the¢ of sold'tame¢ In all Water d Itches pitted by the aforesaid tracks s as to admit the free gas- goat t Ii aall gu so City reserves the [lee to regulate and [ogled othe re needled by t lien grengines, ntee CS its and a n the aforesaid tight t a edit)th s and lrlghf to regulate rhehtime enPntee and Ica petaled ba she grant 11s atolesapd,tracks,may obstruct public go