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9 of 1955 - Granting to Denver & Rio Grande Western Railroad Company its successors and assigns, a franchise a • ACCEPTANCE ACCEPTANCE BY THE DENVER AND RIO GRANDE WESTERN RAILROAD JCOMPANY OF AN ORDINANCE ENTITLED "AN ORDINANCE GRANTING TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, .THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD.SPUR TRACK OVER AND ACROSS WASHINGTON ,STRESS', BETWEEN FOURTEENTH SOUTH STREET AND CALIFORNIA AVENUE IN SALT LAKE CITY, UTAH, TO SERVE ALLEN STEEL COMPANY." WHEREAS, the Board of Commissioners of Salt Lake City, State of Utah, on the 19th day of January, 1955, passed an ordi nance entitled as above; and WHEREAS, it is provided in Section 8 thereof that said ,ordinance shall take effect upon its publication; and WHEREAS, said ordinance was published on the 21st day of January, 1955; 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, hereby accepts said ordinance, fran- chise and grant and all the terms and conditions thereof this 02']` day of January, 1955. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY BY Executive Representative STATE OF UTAH ss. County of Salt Lake ) On the cr1 day of January, 1955, personally appeared -1- 1 '.._. 0 before me B. H. DECKER, who being by me duly sworn did say that he is Executive Representative of The Denver and Rio Grande Western Railroad Company, a corporation, and that in his capacity. as such Executive Representative he executed the foregoing acceptance for and on behalf of said corporation. m tary Public residing din e g t Sa t Lake Cit , Utah My commission expires: 17/4-1 2- I ii ORDINANCE AN ORDINANCE GRANTING TO THE. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN A STANDARD GAUGE RAILROAD SPUR : TRACK OVER AND ACROSS WASIHINGTON STREET, BETWEEN FOURTEENTH SOUTII STREET AND CALIFORNIA AVENUE IN SALT LAKE CITY, UTAH, TO SERVE ALLEN STEEL COMPANY. 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 and its ' successors and assigns to construct, operate s:nci maintain a standard gauge railroad spur track over and across Washington Street between Fourteenth South Street and California Avenue in • Salt Lake City, Utah, the center line of said. spur track being more particularly described as follows: • a10 - Beginning in the center of an existing track at a tipoint approximately 18.5 feet north from the north line of 14th South Street and 15 feet east from • the west line of Washington Street;"thence north- easterly in Washington Strect)on a turnout curve to the right with radius of 193.185 feet, 69.5 feet more or less; thence north 22 degrees east. • 38.8 feet more or less; thence continuing in a a�i� northerly direction in Washington Street on a curve C to the left with radius of 193.185 feet, 73.4 feet more or less to a point 8.5 feet west from ‘n the east line of Washington Street; thence north parallel with and distant 8.5 feet from the east . •rl • line of Washington Street 174.3 feet more or less o N to a point opposite the north line of Lot 14, "'D Block 2, Temple View Addition. H o The location of the center line of said track ` • is graphically shown in yellow upon the attached print, which is hereby made a part of this m U ordinance. U (y .-I k•H Section 2. During the term of this franchise the grantee n shall be subject to the following conditions: (a) That said track shall be laid upon and con- form to the grade of said street and shall at all times be maintained by the grantee to conform to the grade of said street, and if said grade is afterward- changed by ordinance of the Board of City Commissioners, the grantee shall, at its own expense, change the ele vation of the track so as to conform to the same. (b) Whenever said street where said track is constructed shall be paved, resurfaced or repaired., the said grantee, its successors and assigns, shall pave, resurface or repair between the rails and for a space of two (2) feet outside of each rail with the same kind of material used on the said street, or with such other material as may be approved by the Board of Commissioners, and all ties shall be laid upon a con- crete base of such thickness as shall be directed by said Board of Commissioners. -1 li li • (c) Said track shall be laid and the road operated • so as to cause no unnecessary impediment to the common and ordinary use of said street upon which it is laid. (d) Salt Lake City reserves the right to regulate and 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 pavement, sidewalks, curbs or gutters on said street, it shall replace such pavement with the same or with such other material as shall be ordered by said Board of Commissioners and shall replace such sidewalks and - such curbs and gutters to the satisfaction of said• Board of Commissioners and shall so construct the gutters that they will allow the free passage of water and be to the satisfaction of said Board of • Commissioners. (f) Said grantee shall put in and maintain such crossings over said track as shall from time to time be required by said 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 the free passage of water. • Section 3. Nothing in this grant shall be so construed as to prevent Salt Lake City or its authorized agents, or contractors, ,or persons or corporations to whom a franchise may have been or 1may hereafter be granted, from paving, severing, laying gas or water mains, pipes or conduits, altering, repairing, or in any manner improving said street. 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, 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 reason of the construction or operation of said track and that • the grantee herein, its successors and assigns, will pay the iamount of any judgment, determination or adjudication which in any suit or proceeding may be 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 oppor- 1tunity to appear and defend the same; and said grantee, its sue- cessors 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 track. Section 5. This franchise is granted for the period of fifty- (50) years from and after the passage of this ordinance; provided, ;however, that if for a period of nine consecutive months during the life of this franchise said spur track is not used for the • ' I; ;purposes for which this franchise is granted, or if there is a ' substantial abandonment of the use of said spur track for said purposes, said franchise shall be voidable at the option of said Board of Commissioners; and if so ordered by said Board of Commis sioners, said track shall within thirty (30) days thereafter be !removed and the street restored to a condition uniform with the jbalance of said street with respect to grade, materials and con- struction and to the satisfaction of said Board of Commissioners. In the event of the failure of said grantee to remove said track- and restore said street, upon such action and within said thirty (30) days, the said work may be done by Salt Lake City at the expense of the grantee. ,. Section 6. Unless this grant and all the terms and con- ditions 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 constructed within one year from the date f such passage, then this ordinance shall be null and void. Section 7. In the opinion of said Board of Commissioners, 11�it is.necessary to the;-peace, health and- safety of the inhabitants of -Salt Lake City, Utah, that till's ordinance become effective •immediately. Section 8. This ordihhno"e shall take effect upon its publi- ;cation. a by the Board o" 'Commissioners of Salt Lake City, Utah, this 19tfrsed day of anuar'' , 195 5--? Q5;717,t7: CITY RECORDER Bill No. 9 ( SEAL ) Published January(2_14-1955 -3 . i • I • • . • -4 -4 I 1 . . _._ I ' / . $ ....y......-.4--- ,4 16C' l'•A i ' ' /4 ?. ,'S ' .1r> - re ' se 5 200:% ;,. 6-<,‘„, ,,, , '-• 4'9 44 43 • .1' • ,; r-,,,, 32 Alt. 4 47,--i t-,,yar _ 44 41 i '1'„ 1 , -I, k 1 t. I 4/ ,,,,..,, N , I -,-,., 1. /-91 N • ' \. .N 17 30000 ,:_,(I) , e, oh...:\ „\\,\- = 7 ----* ...z.+ ':. '''-'-0 q .-i. f "{r, N ‘, ----i- - ___ -T ".. c„" -., fr.a % 7.--- , i • 1 . •0 1..• 6w • 9 x / ,,,,,,•t,V,..A' , kn. ''‘‘ . •\ Z14, 15: ' ,! ',-,,:- 10 26`. ,. - r i.e.,i';.: - `c.,) 14 15!IE '7 }8 19 ?0 21 i '2' ‘ - 25\S '.' 4r N '\:. h I '-' __ 4 \ _ . ;...,__._ 1,,k • 0 9 • ,. t-,-- ' 1 1 N\ ",",.. .'4-" / \' Li 13 '2 S\ q '...1 i , ,d,';‘, I\,tvzt3` - ' '„,' 13 i„• -. ' ,' ''` • /4,7g ir— ------__ i it ,. - so,o.,,,„ 1 -----t--tctL:,iwr, '„, , ,. ‘ , ,,,,,,,,WASH N GT i . '5-- 4-,),- ,f".." "` pl EI,. JA0'Deed 4 a.19 ' 32,5"2 ' •:,43- s.; 2 '2 1" 6 1 5 . . ..., 7,,, -*Ali' ,..,, "V"' 35 ',, ;!* ',.,'• I f IP f' 4 .• ,41t.i. ..... s 43 r , I ' ' 42 •,. 3> '3,ki 1-1,..`-',,, 4 , . •-..., - ---- -1 ..,.:, ! //1 F t,' ,,,k D,. b Li 5 --1 .; -- 1 i 31 ,Z , , ID 5 ,,,,.../i'',.::.;',.://72:,- ‘,°., 6 , 1 1 ' 'i , 1 , 1 "':.;,-',V;72 > , !°. - - - '.? .;•;7 'ii9/./ ' 7 a • Iks.8 < ---- 8 - T T 7 IT i -4 '/ ''- '-‘- , 78 '',1 ! 1 , , ,..,/ /,•,-. • - ' 27',"' 1 i • " • 1 --A [11) 1 1 i ,i„,,,,,r, / • r . ro 1'1776" 14 15 16 17 18 l9 201?1 2? ,,'9%,2' ' ' ' f / 1 ‘4. 8 9 10 11 i3 I4 — I 13/es ka ?IC 251,.i... . , 'i jes 2 7 /4 /25' 23 ,s,' ig SECOND WEST C). . 3,1 151 • ! I " - • 1 ... I 251 ,30• 2.5 I • . . " " I • " 25 2i s 1 ' f \\,) 48 44'50 51 152. 30'53 54 55 56 1 48 49 1 50 51 -2 53 5 0 I I , 47 2 Ili 1-- > I 473.1.41 MINZI 001k13 1954.47 46 3 < 1 46 3 < 46 • •- ..• AC A A L rGRM ND.ADM 39A roof of Publication 3Nnfte i*tarn.uf Amerfra COUNTY OF SALT LAKE ) ss. STATE OF UTAH Jt D. M, Ockey being first duly sworn, deposes and says, that he is the Principal Clerk of the DESERET NEWS SALT LAKE TELEGRAM, a newspaper published in Salt Lake City,Salt Lake County,State of Utah. That the Notice of "An Ordinance" Granting the D & R G W RR a right of way. Salt Lake City bill No. 9, of which a copy is hereto attached, was first published in said newspaper in its • issue dated the 21st day of January , 19 55.. andwas published in each daily issue of said newspaper, on for thereafter,the full period of one time the last publication thereof being in the issue dated the 21st day of January A.D.19 55 Subscribed and sworn to before me this 29th ay y of - January - 55 ,A.D. 19 Notary Public. Nov 25 1957 My commission expires Advertising fee $ 9 ORDINANCE he to the tisf li f said Board AN ORDINANCE GRANTING TO THE. f DENVER AND ILIO GRANDE WESTERN Min said such crossings illda put in saaid track RAILROAD COMPANY, ITS SUCCES- as shall Irvin time to time he rcnuired SOILS AND ASSIGNS,THE RIGHT TO by said Board of Commissioners. CONSTRUCT, OPERATE AND tAIN• tGt Goad and sufficient conduits to TADS A STANDARD GAUGE RAIL- convey saber shall be bid and main. ROAD SPUR TRACK OVER AND twined w in good condition at the ea. ACROSS WASIIINGTON STREET, BE se of said rrantee in all water, TWEEN FOUR'PEENTI'I SOOTH STREET diitches crossed by said track sn as to AND CALIFORNIA AVENUE.IN SALT admit the free passage of water. LAKE CITY,UTAH.TO SERVE ALLEN Section a.Nothing in this Errant shall STEEL•COMPANY. be so construed as to prevent Salt Lakc BE'ITT ORDAINED BY T1IIE BOARD Cite or its authorized agents,o OF COMMISSIONERS OF SALT LAKE,tractors,or Persons or enrno ions con- OF CITY,UTAf1: whom a franchise m have beenor Scotian I; franchise anchisto and right riDetvof I may hereafter be granted,from aving, way ing, lacing are water n ring, rose Grits I Western It assigns n conduits. altering, id street, t coast mrtl its s and assignsi u improving said street, to rd.ga[, overate ilrod sou maintain In a SectUeeeseon 4and 0 Said gt55.shalel herein,the standard s Wa llrton Street track eve•a and the Rn l shall and Er the and across Snub gtec Street California acceptance of the d,and in and fera- Avurlaenin South Street and alifoi chise the grantee,and S eby bald center in Salt lake City. (Itch, the' sou of the a does hereby bind miter line of sa id s tltlows: ifsere its s sehr arc s�ers and asslgmc,u particularly sentee ed asn follows: ifs rty harmless of this franchise,it,to save more trac nnitK ill Point renter a e f.5 said City hanndess from all suits,whatsoever, track r' a point approximately.li 1'of htdemand, and ar in equit which shay, lath South from the north fort .e.'of whether In law or in needy.which shall lathlcISouth strut line of Washington manner whatever In rendered said City fC.. Street;Starr1 on a turnout on W2515 innw'arsenal or damage to against n,se. ty. net right Streit o a turnout earth,5fe t, n no hearses otherfr by the;feet with radius le of heu.Le'feel. reason of the granting of this construction franchise, 80.5 feet more or less;more ressi Srnsht consort of the and tat e thence nce continuinge east 3o.n a n rtherly tease:g eon gf said rack oa and that the 'he ' tl05 y tsir grantee h its d 'hen ef h'tls Street' cyat n,, In thef fact more or of I0.hoin p0g.5 -judgment,ant,determination onion e des caner feet feet from r less to a.prlW'R5 or s shall any suit against roc ceding bra feet west from the nest vetla 5rallelaih- Clar; henlnad, hove said hats may Inllh Street: thence north,Parallel Clay; provided, however, that id wash and distant ng feet from the grantee,its notice and assigns,latt shall east more of Hess to aan Stintent opposite .have had entice of Incasuch -sits and feel m r less to a point locksi2. importunity nidy at a and defend the north line di Lot p39, Block 2, the-same:pssi said grantee,its s T Ile View AdrBthe l shell averseea The 41ra ken of the c r tile iofs or as, ihf said track Is graphically eshrwn i defend all actions brought against Salt Lake City for a misty or daeaga by Yellow n the e a p Print.which t maintenance tee a sai track,oneralion o a made. a Part of thls Scn5. F said track. r fciolordinance.. reason the r-d of franchise i anted' Seeder During the term s this and then her s fifty fthi years area franchise thewe grng antee shall be subject and lyd,the passage tt [this ordinance, eio I to theThat salt,track;that,be laid neon n gnina consecutive that for a per d and .a to the grade of said,of n n secuelas months bs le during the life ofetd is fro the p saidcrspur track hs tstreet oho that l a all times n used forIthe pancreas s for where- amed de the said street, to conformi main- this ub tunic 1' atomise if athere the grade o ai street. a f Ill, f- substantial abandonmentcfosaid of e the use( r a suI grade in is the ofangyd m- ee said sour track for said u o' ordinance oilithe ddllte et allay f it said Franchise Board he f voidable rat the the grantee sae at Raj anion II said erard of Commissioners:Boadof own change the elevation and if soordered hetrack .k s Board mid of thesame.rhek so as to con[ornr to Commissioners,tblh nets.said after hall removed too same. as C 0s d es thereafter beten d the k isncon, said rt street h 6 a and to street t restored l condition• track 1e constructed d shall f h4 d f 'O thebalance f -is street n toyed 1 ad_tSle1a aid with respect l grade, eats and grantee, its o and id Boars) and to thesatisfactionsof -Sher Pave. successors or naia DII said Board of lure of,iotdgr t t to tweet the taus and for Ye r of event of said la all r grantee to two sa,fret outside ofeach rail sd!on r said track antirestoreitot said thekind of material s d tiros such action ':h o said the 'd Street, or with vedh other tint. 0S l t "o be Imaterial -nay si approved d D the d bySalt Lake l the expense • shall Board L Commissioners..spaioners,,and u ties Of thegrantee. of be laid ung aconcretel base Section G. Unless this grant and all of suchIl and of as slhiMln a s.. , the terms and conditions thereof shall by said id track's alC be laid rnd Sr accepted it writing by the grantee road Said rated'shall hd laid and thetr' being within Gritty this ordinance, ace,;and and operated so Co,etas n;un, taking effect this strutted nd impediment to the 011eelh0n0n unless.such r, he constructed such within necessaryoc ay use'of said'atreet'unon e year from thean date of such ullsage. which It is laid: one this ordinance shall be null and II ttll Salt La e dio trot the the 'got void. a regulate and nail the speed 9 6ectmmis In thee,,Opinion or said necessary to all trains,engines s cars operated f Commissioners,health it is safety of to l an the her, ea, its s c essrrs and of taco, of Sa a d ea[lt Lake Cit of the tat assigns, i u nuttineilnrsaidc track,said that inhabitants nonce become effectiv antee°shall r av e y immediately. interfere rwith ethe n t Section H. Ohio rdi ant shall take sidewalks. oldie or gutters pavement, afloat upon its rublicatione street,it shalt;enace such pavement Passed p by the Board of Commissioners with the same r will'. such Veother of Salt Lake City,Utah,this lath day,) alter .shall or ordere Sc id,of January,105b. BoaaLo ,leoul use sidewalknat, and shall. EARL J. GLADE. arc 1 h sidewalks Ik' d such curbs Mayor. l_'.In ll t I sign I Id I IRMA 1'. VITAE R. no I C nt - I h they wt•1r 1•:1 I. City Recorder. I, construct the galled,allow the free passageL of water and Pulhhslred January/_l,1955 (A•431