95 of 1966 - Granting to the Denver and Rio Grande Western Railroad Company, its successors and assigns, a franch ACCEPTANCE
ACCEPTANCE OF AN ORDINANCE GRANTING TO THE DENVER
AND RIO GRANDE WESTERN RAILROAD COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT TO CONSTRUCT, OPERATE AND MAINTAIN AN
EXTENSION AND RELOCATION OF AN EXISTING STANDARD GAUGE
RAILROAD SPUR TRACK OVER, ALONG AND ACROSS INDUSTRIAL ROAD
IN SALT LAKE CITY, UTAH, TO SERVE WESTERN ELECTRIC COMPANY,
INCORPORATED.
WHEREAS, the Board of Commissioners of Salt Lake City,
State of Utah, on the 23rd day of August, 1966, passed an
Ordinance 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 30th
day of August, 1966; 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 (30)
days of the effective date of said Ordinance;
NOW, THEREFORE, said 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 Irtlts day of r,/, 1966.
THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
By
i S. N. Cornwall,
Its Agent and Attorney
STATE OF UTAH )
: ss.
COUNTY OF SALT LAKE )
On the 7 l. day ofJ, 1966, 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 foregoing Acceptance for and op behalf of,said corporation.
Notaiy Public
Residing at Salt Lake City, Utah
My Commission j Expires;
. c // /%/. {l y,
95
i
Pr.OF a WE.5rtRNELE.CTR+C CO.
I\
hG., � ,_
ESEtit_.'_ j �o 25.0 D0CV ADD_l' 1 0 NI
giBr. Pc 0';i �,
�( LAWR_NC . CONSTRUCTION CO. '
i. `� 12 ' JEREM'' 5,L.C.,11TAN
Ic> c
6 SCA1.t;l'•SO•
,s RR EASENAEKT DE5cR1P1-10i\ 5 ;
v)
~' _ ASSOCIATED EASEMENT NO. 1 (Adjacent to Industrial Road)
';;2': i \ Beginning at a point on the west line of Industrial
,n;,„, ' , AU E (1900 SO./ Road which is N 0°03'08"W 120.09 ft and S 89.56'52"
W 25.00 ft. from the Intersection of Associated Ave..
f`\ I �i and Industrial Road, said point being also 4135.76
ft South and 1608.13 ft West from the N k corner '
of Section 15, T1S, R1W, SLB&M; and running thence
0 '! fY S 0°03'08" E 344.26 ft along the west line of said
1—', Industrial Road; thence northerly on a 258.50 ft . ,
! cY upi , radius curve to the right whose center bears ,
, ,i i _ i— N 69°03'10" E, a distance of 94.27 ft; thence
-'•,'' N 0°03'08" W 252.06 ft to existing RR PC; thence
ok �i N 89°56'52" E 17.00 ft to the point of beginning.'
z IS,',: ,c.f ' .
II .
,; EASEMENT NO. 2'(Crossing Industrial Road)
MEW ec, 'n.oI 25:_/-25 __-1\l89"5Ce52"E _- ,
NI j`pLOF'BE(�. RR'P.-250.0' Beginning at a point on the west line of Industrial
II I 2 Road which is S 0°03'06" E 131.97 ft and S 89°56'52" '
W 25.00 ft from the intersection of Associated Ave.
C CP ! and Industrial Road, said pt. being also 4480.02 ft
' K� o South and 1607.82 ft West from the N k corner of
c', Section 15, T1S, R1W, SLB&M; and running thence •
u'• c •!ij I southeasterly on a 241.50 ft radius curve to the
z ,1 �- • left whose center bears N 89°56'52" E a distance
IYi.r • _ of 158.22 ft to the east line of Industrial Road1 .
• 1 r- thence S 0°03'08" E 26,50 ft along said east line;
b' tti, .'e — thence Northwesterly on a 258.50 ft radius curve'
•\0 "".`? 3 to the right whose center bears N 47°44'54" E
a 3 \art a distance of 96.12 ft to the west line of
�\ y ��i� Industrial Road; thence N 0°03'08" W 92.20 ft
? 1> .,/ along said west line to the point of beginning.
Asa ,' � b/
•• 5� '0•\ / p6%
Cp K f /
�S s
rc,' \ CALDWELL, RICHARDS a SORENSEN, INC.
m / Engineers end Consuhanls
o (r ,I18 ist Avenue
= Sa}}Lako City, Utah 84103
2G A.1 r 'i9Ga. .
9s
ROLL CALL
VOTING Aye Nay Salt Lake City,Utah, August 23 196 6
Barker. . . .
I move that the Ordinance be pass, .
Catmull . . .
Harrison
Holley. . . .
Mr. Chairman .
AN ORDINANCE
Result . . . .
AN ORDINANCE GRANTING TO THE DENVER AND RIO
GRANDE WESTERN RAILROAD COMPANY, ITS SUCCES-
SORS AND ASSIGNS` THE RIGHT TO CONSTRUCT,
OPERATE AND MAINTAIN AN EXTENSION AND RELOCA-
TION OF AN EXISTING STANDARD GAUGE RAILROAD
SPUR TRACK OVER, ALONG AND ACROSS INDUSTRIAL
ROAD IN SALT LAKE CITY, UTAH, TO SERVE WESTERN
ELECTRIC COMPANY, INCORPORATED.
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 Den-
ver and Rio Grande Western Railroad Company, its successors and assigns, to
construct, operate and maintain an extension and relocation of an existing
standard gauge railroad spur track over, across and along Industrial Road
in Salt Lake City, Utah, to serve Western Electric Company, Incorporated,
within premises more particularly described as follows:
Beginning at a point on the west line of Industrial Road
which is South 0° 03' 08" East 131.97 feet and South 89°
56' 52" West 25.00 feet from the intersection of Associated
Avenue and Industrial Road, said point being also 4480.02
feet South and 1607.82 feet West from the North Quarter Cor-
ner of Section 15, Township 1 South, Range 1 West, Salt Lake
Base and Meridian; and running thence Southeasterly on a
241.50 foot radius curve to the left whose center bears
North 89° 56' 52" East a distance of 158.22 feet to the East
line of Industrial Road; thence South 0° 03' 08" East 26.50
feet along said east line; thence Northwesterly on a 258.50
foot radius curve to the right whose center bears North 47°
44' 54" East a distance of 96.12 feet to the West line of In-
dustrial Road; thence North 0° 03' 08" West 92.20 feet along
said West line to the point of beginning,
Said premises being shown in red on the hereto attached print.
SECTION 2. During the term of this franchise the grantee shall be
subject to the following conditions:
(a) That said track shall be laid upon and conform to the grade of
said street and shall at all times be maintained by the grantee to conform
95
-2-
to the grade of said street, and if said grade is afterward changed by
ordinances of the Board of City Commissioners, the grantee shall, at its
own expense, change the elevation 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 concrete base of such
thickness as shall be directed by said Board of Commissioners.
(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 suc-
cessors and assigns, upon said tracks.
(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 ma-
terial 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 Beard of Com-
missioners.
(f) Said grantee shall put in and maintain such crossings over said
tracks 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
9
-3-
Salt Lake City or its authorized agents, or contractors, or persons or cor-
porations 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 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 as-
signs, 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 in-
juries 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 amount 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 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 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 and for a period of nine (9) consecutive months during the life of this
franchise said spur track is not used for the purposes for which this fran-
chise 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
Commissioners, said track shall within thirty (30) days thereafter be re-
moved and the street restored to a condition uniform with the balance of
said street with respect to grade, materials and construction and to the
3
-4-
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 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 con-
structed within one (1) year from the date of such passage, then this or-
dinance shall be null and void.
SECTION 7. In the opinion of said Board of Commissioners, it is nec-
essary to the peace, health and safety of the inhabitants of Salt Lake City,
Utah, that this ordinance become effective immediately.
SECTION 8. This ordinance shall take effect upon its first publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
23rd day of August, 1966.
EMAYOR
JP
(S E A L)
BILL NO. 95 of 1966
Published August 30, 1966
(Certified copies sent to the Denver and Rio Grande Western Railroad Company September 9,
1966.)
.
ADM-SaA
•
:liege!NoticB3 j Affidavit of Publication
AN ORDINANCE Inf
H.A��N ORryDINAANgC p GRANTING N pTO.p
SS Si)
C CE5 O t)AANp CTOgqM IA C
YNE -RIGNT f1TO CONSTRUCT T
EXTENSION A ADIJDM RIELOCATION Ls
OP AN EXISTING STANDARD ss,
GAUGE ALONGAO'SP IN TRACK
OVER, ALONG AND ACROSS Me
ILNAKE CITY ROAD IN SALT TI
W ESTERNT ELECTRIC TCOMPANY P
INCORPOR wined W D 1'•i Ockey
Be It Ordalnetl by the Board of --
CommissleneYs of Salt Lake CItY,to
Utah:
SECTION I.A1,`V Pi p tl Iphr
of way Iz hereby led 10 the Den
ad cdp mRnIar oG,ratse e aWasen, Being first duly sworn,deposes and says that he is legal adver.
sslans as sfrucl, rate ntl E, 1
oaorta In g stamp �parata<allon ¢ rising clerk of the DESEBET NEWS, a daily (except Sunda
f n existing standard aaupe call- p y/
roads sour track over, acrom Land di no w.spaper printed in the English language with general cir-
Cifv,Utah,to serve Western Electric
`xs°'ode l�fP is ed'e g7neaeas " culation in Utah, and published in Salt Lake City, Salt Lake
follows: County, in the State of Utah.
Beginning et Colon on the west ca
Boo of Industrial Road welch I. of
Booth B d¢p.03 In gB East
131.91 feet antl Pact�B9 de 61 min
se sa<w¢sr zs.00 f¢¢I cram�, mrr. F, That the legal notice of which a copy is attached hereto
naaifGlaff R 1',1,` er AofprVen¢in9 cl
Ise MSg02 tact so0rh and Isozaz. I Galt Lake City
Peer west from the Normm(ONarrer fog Bi11 No 95 0£ 1966
SaulA,RanaoelclWe_t_5alf La_e Base
ntl lvlerttllan; and nl p }hence Te
asaUlheast' a ui for radlR:m< An Irainance Granting to Denver &rio Grande
Borth to the left whose ter bears
North, deg 5a min St sec East t Mo
distance f IBV1 feot ro.the Easr
line of Industrial Road:thence 5<tth
a ae(oa n pe c East ffi30 fee! Western OR Co. a right of way
wimp Id yea t Ilhe; thence North-for
curve
o a 258.50 foot cantos be
Eato the right whose center la
rs Ndict al on Ie Sa spa S0.
East Iien olf nlitlusfrtenllR Otiad;to
h(nee any
Nor1M1 In it West
< West
gat nt o(abealnnlna�d lWest line to the FI
Said toe helps shown In red Ti on the hereto attached art f, W
SECTION 2. Durinp the aern I PI
this franchise the granted east be RI
smlacr stag foflowlrl nditione hc, August 30, 9
an Thai d back n7 t ,t laid 1 66,
p end,conform m in reds r I waspublished in said newspaper on.
5$l°annirT T°the°gars iflei."'as ee di
form to the grade of sale freer, ndl
If said pratle Is irarwarp chanoed
Cu omdissioners,s the ore teed shall,at „A -—�
hanae oe eleva• W
then gg,hee.frock'so s to form to 2
lb)sa Wh`enive said-beer here
said tree c nsor repaired.
shall he F
s Day., resurfaced r re Ralf en. the L ns,seat successors
wo feet
outside ono fe ce o0 with
Itwo 12)feet o wide o.each rail with `v
n,e sa vane m m serial w Legal Advertising Clerk
the said street, r with sU�s thee pnI
leri be Pevr rl by ifte
6ualtl f aId coons a corn, a II tiof
btinbhlcklndess0 an ahall`boa base of aa.
y altl Board of Comma sods.
tot Said mace meta be laid and Iv
Inc d operated im to thecauseb
U ec°and or Impediment is the m m
mp and emery a am street at,t to before me this 31st __ day of
YII<h It k Iola. W
right itoalt eoak IeCland r control the PI
weenies ell trams,
aescenetl5s Guess TI A.D. 19 66
d d salons°Upon s aia tracks.to----- •
'grad
In trine In 5 id era ,',
aae saraime`tti+:w�iinl"ine° I"nani
street,dilt h b l g tt such,tipal
wS
isi ( ti hl n II b rrde%d r % /'/ '
bh II Id Bl tl s h Itl Iksa and
eA M / t_' �
pen curbs d earners ro the s rls:Ti i
fasrlon f ad1E Boartl Of CommisaW5:f // T Notary Public
sa o°snail Hallow the o p,
ecs that that win a to ae ?rue';
faction of el water
Board of Cor tsslon- P
My Commission Expires
Nov 25 1969
95
10 saki eranteeas ten eue In end E
fraul(saa s sha I fromstlme over etld 1r
red by s id Board of Comma-ft
co191r 000d end sufficient conduits to
ter stlall nbF Iait tl
mdlnnalned in 0aotl O.ItioaIIat IRe
Er o se if s�d bvasesd fecack s a A'
IOSECTIONe3.f NOIhin9 in tRts onosi
halt be s o trued tou
ISaIt Lake U.Y is a iho:s5r
enosrharns o fo acwhom c otrencnitc
i granle0 v from s oavina v Iaviog tt sewer
lines, laving o water m -
ioes oa nvntlTi sn¢altering.reoalrin.
orre insaAll
S E CTION d.traits Rranteen hste,d
and t franchise t herein cr anteoes he e- -
dyn leerauo of Ihs some,sot Hers
e a nd Its�Litstsa 0C}enre fd his
from all sults.claims.dremands and
iudoments whatsoever. whether anin
law rftd,(found o enderedshin!oho
a whafeverra nst saltl Ito—
enorortv,y en tat injuries m rbother-
lotto,1>y arson 1 a rtlniherf
this franchise�nr bn 9 no�fhe L�
tranc�krsand s that the alone of sao.
Its 5 rd essl0ns,will BAY
!m inailmiuno o1anlualca+don ewhich t ion 3
C^N I;bbibvltl de0honviever�ih or proceeding efbLsaltl Ln
all ho es a antl ai
shall hay¢hatlo noticcr f v slilj o
erasand a ho=e`fin a
defend°th -ntl sign d LC
shalt oabeear successorsr efe d assigns,gas It
dons brought against Salt Lake City 15
lafr the i nefru<tionirabo retiohrt
et intenanbe of teitl hooka or LO
rarfedlofor the Thllod fof fllve1501. d
years from antl after the sae f sh
this rdlnance; errvltled.sahowever
that Is and for od of ni tel Ce!
utive months during the life df He
tsrtlffur sloeerar0seouforra nlch fn le I_r
franchise iials a ton,en if ththere to
of said
sour track abandonment
said fourooses M1to
thid o(rac(hier $hall be geaable 1
elo flora f ,i Board olrCommis- rot
tl If arieretl by ii£Q,
ti a rAs f fo hirfu oner s, a d Muck
shall iynore0 hirfv f3D)days tbereae, wr
oforeal to aveostiltlthciforrmt wleh it
the balance of naetl street with rh lCot
t to or de, te5oal5 ws
ssaidc50 n to the ners.Ini the
Ke
vent of r he of failure
Iof 550dds.grantee 359
event
re tre said Houc aacd restore LOS
sa!d street, u n ch a tton el bit
witrin said thirty(10)tldvs, he saaM vrt
k mev be eon°by Salt Lake and
gir
of ma f the Grantee.
all th terms.rdlecondii conditions htr�I LO,'•
shell be e tea In writing by the RI`
dtee herein within thirty (30) LO'
ays after the taking effort M tilts o•- Vol
tlinanc efeand within such/track be Ca
constructed
em rt date f'vhso= .than LO.
SECTION 7.Inalthee nlelnonof voi a' Ph
Boartl vt to the miesle,health and LOs
ne etv of the Inhabitants of Salt Cake Col
City,e teolvfer ImmeldleeSl y. be-SIR
ECTINN B. This diner¢ hall Ion
take effect ill Its flro5f oubCcog"mn5 D.n
stoners of SaltnLake Clty,(Utah,this LOS
oOrd day of August,1966. Ed.
3.BRACKEN LSE, We'
Mayor yR1
HERMAN d.HOG rOurd An
(5FAL1 CiN Rewrtler 55.
ENO.95 at 1966.
Pub!Ishetl Ava�30.1966 (A�8) TEl
ys