076 of 1987 - Granting Right to Construct to University of Utah 0 87-1
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SALT LAKE CITY ORDINANCE
No . 76 of 1987
(Granting Right to Construct to
University of Utah)
AN ORDINANCE GRANTING TO UNIVERSITY OF UI'AH THE RIGHT AND
PRIVILEGE TO CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND
UNDER THE FOLLOWING-DESCRIBED CITY STREETS, ALLEYS AND PUBLIC
WAYS, WIRES, CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH
ITS REASEARCH INSTRUCTION, ADMINISTRATION, AND OTHER TELECOM-
MUNICATION NEEDS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Definitions. For purposes of this ordinance the
following terms, phrases, words, abbreviations and their deriva-
tions shall have the same meaning given herein . When not incon-
sistent with the context, words used in the present tense include
the future ; words in the plural number include singular number ;
and words in the singular number include the plural . The word
" shall" is always mandatory and not merely directory.
A. "City" shall mean Salt Lake City Corporation, a
municipal corporation of the State of Utah .
B. "Mayor" shall mean the existing or succeeding chief
administrative officer of the City, or his designate .
C. "Council" shall mean the present legislative governing
body of the City or any successor .
D. "City Attorney" shall mean the chief legal officer of
the City.
E. "Director of Finance" shall mean the chief financial
officer of the City.
F. "Director of Public Works" shall mean the director of
public works of the City.
G. "Person" shall mean any person, firm , partnership,
association , corporation , company or organization of any kind .
H. "Grantee" shall mean the UNIVERSITY OF UrAH or any
person who succeeds the Grantee in accordance with the provisions
of this franchise .
I. "University" shall mean the Grantee, including but not
limited to , itscolleges , departments , research groups , service
agencies, TV and radio stations, and Grantee' s operating
subsidiary.
J. "Gross receipts" shall mean all revenue derived
directly or indirectly by Grantee fran third parties from
operation or use of the system within the City, with no
deductions whatsoever .
K. "Street" shall mean the surface of and the space above
and below any public street , road , highway, freeway, lane , path,
public way , or place, alley , court, boulevard , parkway, drive or
other easement now or hereafter held by the City, and described
herein, for the purpose of public travel , and specified herein,
which shall , within the the requirements hereof , entitle the
Grantee hereunder to the use thereof for the purposes of
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installing standard railroad tracks , spurs, or other trackage or
facilities pertinent thereto .
L. "System" shall mean the wires, cables, conduits,
conductors , ducts, fibers , and other related property as may be
ordinarily necessary and pertinent to the facilities installed
hereunder by Grantee over or under City' s Streets .
M. "Subscriber" shall mean a purchaser of any service
delivered over or using the Grantee' s system.
SECTION 2. Grant of franchise authority. City hereby
creates the right, privilege , and franchise for Grantee to
construct, operate, and maintain its system solely in the streets
of Salt Lake City described in Exhibit "A" attached , subject to
the conditions and restrictions as hereinafter provided . The
term of the franchise shall be fifteen (15 ) years from the date
this ordinance becomes effective.
SECTION 3. Franchise Payments .
A. Grantee herein shall pay annually to the City for the
use of the designated streets and other related facilities of the
City in the operation of its system , and for the municipal
supervision thereof during the life of this franchise the greater
of either :
1. The sum of ONE THOUSAND SEVEN HUNDRED AND SEVENTEEN
DOLLARS, ( $1, 717. 00 ) , with the initial payment due and
tendered within thirty ( 30) days from the effective date
hereof. Thereafter, said payment shall be due on or before
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dur ing the term hereof . This sum approximates the annual
fair market rental value of that part of the said streets
encumbered by the system hereunder . On each successive
anniversary date , hereinafter "Due Date" , the annual
franchise payment shall be increased by the same percentage
increase , if any, in the Consumer Price Index herein
specified for the preceding twelve month period ending the
last day of December. The Consumer Price Index unit for
this purpose shall be the U. S. City Average Geographic
Index for the components including " all urban consumers"
based on "all items" as published for said month by the
Bureau of Labor Statistices of the federal government. If
publication of said Consumer Price Index should cease , such
annual percentage increase shall be determined by reference
to such similar index as shall replace it, or as agreed upon
by the parties Oar
2 . To the extent Grantee ccmpe tes with Mountain Bell
Telephone Company by providing intraexchange service within
the Salt Lake City local calling area ( as defined by Moun-
tain Bell' s tariff on file with the Utah Public Utilities
Commission) or otherwise derives local exchange service
revenues , as defined in Section 20-3-14( b) of Salt Lake City
Ordinances, ( or any successor section thereto ) , from fur-
nishing services from within Salt Lake City, Grantee shall
pay City a sum of six percent ( 6% ) of the annual gross
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receipts per annum of Grantee from all revenue received by
providing such intraexchange or basic local exchange
service. within ninety ( 90 ) days of January lst each year
Grantee shall annually provide the City a certificate
evidencing whether its said gross receipts from the pre-
ceding year exceeded the approximate fair rental value of
the property , as specified above , and if so , concurrent
therewith pay the difference .
B. Such annual payments shall be made to Salt Lake City
Corporation and sent to City's Property Manager at 324 South
State Street, Fifth Floor, Salt Lake City , Utah 84111, unless
notified of change of address in writing by the City. All
payments shall be made annually on or before said Due Date . A
delinquency penalty charge of ten percent (10%) of the annual
payment shall be assessed on any payment not received by the City
by the Due Date. Failure to make the annual payment and penalty
charges within thirty ( 3 0) days of whichever Due Date is applic-
able above shall constitute breach of the terms of this franchise
and constitute just cause for termination hereof prior to the
expiration of the current term, and such unpaid amount shall bear
interest until paid at the rate of an additional ten percent
(10%) per annum until paid .
C. In the event the franchise should be terminated or
forfeited prior to the end of the term, Grantee shall immediately
submit to the City a financial statement prepared as before
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required , showing the gross receipts of Grantee for the time
elapsed since the last period for which Grantee has paid to the
City the required percentage of gross annual receipts or rental ,
and Grantee shall pay to the City not later than thirty (30 ) days
following the termination of the franchise , a like percentage of
such gross receipts and/or any other sums legally due and owing
to the City.
D. The City shall have the right to inspect the Grantee' s
records showing the gross receipts from which its franchise
payments are computed and shall have the right of audit and
reccmputation of any and all amounts paid under the franchise .
No acceptance of any payment by the City shall be construed as a
release of or an accord or satisfaction of any claim the City
might have for further or additional sums payable under the terms
of this ordinance or for any other performance or obligation of
Grantee hereunder .
SECTION 4. Indemnity. Grantee agrees to indemnify, save
harmless and defend City, its agents and employees , harmless from
and against all losses, claims, demands , actions, damages, costs,
charges , and causes of action of every character , including
attorney' s fees, based upon or arising out of or by reason of
Grantee' s construction , installation , and maintenance of the
system and the operation of the systerm herein authorized on the
Streets set forth in Exhibit "A" hereof .
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The parties hereto are both governmental entities as defined
in the Governmental Immunity Act , and , as to third parties only,
nothing therein may be construed as a waiver or abandonment of
any rights or defenses otherwise available to the parties. This
provision relates solely to the parties hereto and is of no
effect in establishing any rights or privileges with respect to
third parties.
SECTION 5. Books and Records of Grantee .
A. Grantee shall file with the City' s Directors of Public
Works and Public Utilities a copy, true and accurate , of maps
and/or plats of all existing and proposed installations of the
system upon the said streets. These maps and plats shall conform
to the requirements of the City' s Directors of Public Works and
Public Utilities and shall be kept continuously up-to-date .
B. All books and records of Grantee concerning the system
shall be made available for inspection and audit by City' s
Director of Finance or his designee within ten (10 ) days after
any request for such inspection or audit shall be made.
C. Copies of all rules, regulations, terms , and conditions
established by Grantee for its operation under this franchise
shall be filed with the City Attorney.
SECTION 6. Conditions of Street Occupancy.
A. All of the system installed by Grantee within the city
shall be so located as to cause minimum interference with the
proper use of streets , and to cause minimum interference with the
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rights and reasonable convenience of property owners who join any
of said streets. The system shall be constructed and operated in
canpliance with all City , state and national construction and
electrical codes and shall be kept current with new codes as
requi red .
B. Except when absolutely necessary to service a
subscriber and not simply because it shall be more convenient ,
economical , or profitible for Grantee to so operate , and then
only when expressly permitted in writing by the City' s Director
of Public Works under such conditions as he shall prescribe for
the public welfare , Grantee shall not erect , authorize , or permit
others to erect any poles or facilities within the streets of the
City for the conduct of its system but shall use the existing
poles and other equipment of the appropriate electrical power and
telephone and other utility companies under such terms and agree-
ments as the Grantee negotiates with these companies. The City
shall cooperate with Grantee in negotiating and obtaining
permission to use such facilities.
C. No poles , cables , equipment , or wires for the con-
struction, maintenance and operation of the system shall be
installed or the installation thereof commenced on any existing
pole within the city until the proposed location, specifications
and manner of installation of such cables, equipment , and wires
shall have been set forth upon a plot or map showing the existing
poles , streets , alleys , or highways within the city where such
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installations are proposed and submitted in writing by Grantee to
the City' s Director of Public Works and approved by that
department in writing . Such approval or disapproval with the
reasons therefor , shall be given in writing to Grantee within a
reasonable period of time .
D. Should the Grantee be required in the conduct of its
business to locate property within the streets of the city other
than property which may be attached to utility poles, then in
that event , before Grantee shall install or shall permit any
other person to install for Grantee any of such property as part
of said system in the street, the nature of such property shall
be disclosed to the City' s Director of Public Works for his
approval as to the need thereof and as to the location within the
street and only installed under such conditions as he and the
Director of Public Utilities shall prescribe concerning such
location or installation.
E. Whenever the City or State shall require the relocation
or reinstallation of any property of Grantee in any of the streets
of the city , it shall be the obligation of Grantee upon notice of
such requirement to immediately remove and relocate or reinstall
such property as may be reasonably necessary to meet the require-
ments of the City or State. Such relocation, removal or rein-
stallation by the Grantee shall be at the sole cost of Grantee .
F. Whenever part or all of the system shall be located
underground , it shall be the obligation of the Grantee to locate
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or to cause its property to be located underground within such
places , however it is the policy of the City to have the maximum
amount, if not all , cable possible underground and the City may
direct the Grantee to install cables underground when either
electric or telephone lines exist underground . If the electric
utilities or telephone utilities shall be located underground in
any place within the city after Grantee shall have previously
installed its property, nevertheless, Grantee shall at the same
time or immediately thereafter remove and relocate its property
also underground in such places. In areas of the city where
utilities are underground , Grantee may locate certain equipment
above ground upon a showing of necessity to and approval by the
City' s Director of Public Works . If applicable, facilities of
the Grantee placed underground at the property owner' s request in
an area where electric utilties or telephone utilities are aerial
shall be installed with the additional expense paid by the
property owner.
G. Grantee shall have the authority to trim trees over-
hanging the streets of the city so as to prevent the branches of
such trees from coming in contact with Grantee ' s wires and
cable. All such trimming on City property shall be done under
the direction of the City and at the expense of Grantee .
H. In case of disturbance of any street caused by Grantee,
the Grantee shall at its own cost and expense and in a manner,
and subject to the approval by the City' s Director of Public
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Works , replace and restore such street in as good a condition as
before the work involving such distrubance was done. Prior to
canmencing work in the public way , Grantee will make application
for a permit to work in the public way fran the office of the
City Engineer . Grantee will abide by all regulations and
requirements of the City Engineer for such works .
I. Grantee shall maintain , repair , and keep in good condi-
tion , to the satisfaction of City Engineer , for a period of one
year following such disturbance, all portions of a sidewalk or
street disturbed by it or its agents .
J. Grantee shall on the request of any person holding a
building moving permit issued by the City temporarily raise or
lower its wires to permit the moving of such building . The
expense of such temporary removal or raising or lowering of the
wires shall be paid by the person requesting the same and Grantee
shall have the authority to require such payment in advance .
Grantee shall be given not less than forty eight ( 48 ) hours'
advance notice to arrange for such temporary wire changes. In
the event of a disagreement between Grantee and a holder of a
permit , such disagreement will be resolved by the City' s Director
of Public Works .
K. If at any time in case of fire or disaster in the city
it shall become necessary in the judgment of the Mayor or the
Chief of the Fire Department to cut or move any of the wire
cables, appliances or other fixtures which are part of the system
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of Grantee, this may be done and the repairs thereby rendered
necessary shall be made by Grantee , at its own cost and expense
and without charge against the City.
L. Grantee's work, while in progress , shall be properly
protected at all times with suitable barricades, flags , lights,
flares , or other devices as are reasonably required by City
regulation or ordinance or state law to protect all members of
the public having occasion to use the portion of the streets
involved , or adjacent property.
SECTION 7. Initial System Installation. Within thirty ( 30)
days after the acceptance of this franchise , Grantee shall
proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business ,
including but not limited to any utility joint use agreements,
and any other permits and authorizations to be granted by duly
constituted regulatory agencies having jurisdiction over the
operation of the system.
SECTION 8. Type and Capacity of Equipment to Be Installed .
Grantee shall specify in its proposal the type and capacity of
the equipment to be installed in and as part of the system , and
Grantee shall advise the City' s Director of Public Works of any
changes in this section of its proposal . No changes in the type
and capacity of equipment to be installed shall be allowed unless
such change is at least equal to or better than that proposed by
Grantee in its application .
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SECTION 9. Operation Standards. The system shall be in-
stalled and maintained in accordance with the highest accepted
standards of the industry to the end that the subscriber may
receive the highest and most desirable form of service .
SECTION 10. Supervision by the City. A. Grantee shall
construct , operate and maintain the system subject to direction
fran all of the authorities of the City who have jurisdiction in
such matters and in strict compliance with all laws , ordinances ,
and departmental rules and regulations.
B. The system and all parts thereof shall be subject to
the right of periodic inspection by the City.
SECTION 11. Grantee' s Duty to Remove Its Properties from
the Public Streets.
A. Following Grantee' s commencement of service through and
over its system, Grantee shall promptly remove from the public
streets where its properties are located all or any part of the
facilities so located when one or more of the following
enumerated conditions occur :
1. Grantee ceases to operate the system for a
continuous period of six (6) months fran the date of said
cessation, except when the cessation of service is a direct
result of a natural or man-made disaster .
2. Grantee fails to construct said system as
here inabove and hereinafter provided .
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3 . The franchise expires, is terminated or revoked
pursuant to notice as provided herein .
B. Grantee shall be entitled to receive notice in writing
from the City setting forth one or more of the occurrences
hereinabove enumerated or such other occurrence hereinbefore or
hereinafter provided and shall have ninety ( 90 ) days from the
date upon which said notice is received to remove such properties
as here inabove required .
SECTION 12. Operational Reports. Grantee shall furnish the
City' s Director of Public Works with progress reports indicating
in detail the area of construction of the system . Such periodic
reports shall be furnished at three-month intervals. The first
report to be made three ( 3 ) months after the construction
commencement date .
SECTION 13. Removal of Facilities Upon Request. Upon
termination of service to any subscriber, Grantee shall pranptly
remove all of its facilities and equipment from the premises of
such subscriber upon his written request. Such removal shall be
at no cost to the subscriber .
SECTION 14. Compliance with State and Federal Laws . The
Grantee shall at all times comply with all applicable laws and
ordinances of the City , the State of Utah, and the federal
government or any administrative agency thereof .
SECTION 15. Filing Communications with Regulatory Agencies.
Copies of all petitions, applications and communications submitted
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by the Grantee to the Federal Communications Commission, Securities
and Exchange Commission, or any other federal or state regulatory
commission or agency having jurisdiction in respect to any matter
affecting operation , as it specifically applies to the City, shall
also be submitted simultaneously to the City by filing the same
with the City Attorney.
SECTION 16. Restrictions Against Assignment. The Grantee
shall not assign , sell , lease or otherwise voluntarily or
involuntarily transfer this franchise either in whole or in part
without the prior written consent of City, which consent shall
not be unreasonably withheld .
SECTION 17. Revocation of Franchise .
A. In addition to all of the rights and powers reserved or
pertaining to the City, the City reserves as an additional and as
a separate and distinct power the right to terminate the
franchise and all rights and privileges of the Grantee hereunder
in any of the fo l l owi ng events or for any of the following
reasons :
1. Grantee shall by act or omission, voluntarily or
involuntarily, violate any tern or condition of this
ordinance and shall within thirty ( 30 ) days following
written demand by the City to effect such campliance fail to
do so .
2. Any provision of this ordinance shall be finally
adjudged by a court of law invalid or unenforceable and the
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City Council further finds that such provision constitutes
at that time a consideration material to the continuance of
the franchise herein granted .
3. Grantee becomes insolvent , unable , or unwilling to
pay its debts or is adjudged a bankrupt or all or part of
Grantee' s facilities should be sold under an instrument to
secure a debt and are not redeemable by Grantee within
thirty (30) days from said sale .
4. Grantee attempts to or does practice any fraud or
deceit in its conduct or relations under the franchise with
the City or subscribers or potential subscribers .
B. No revocation shall be effected unless or until the
City Council shall have adopted an ordinance setting forth the
cause and reasons for the revocaton and the effective date
thereof . Such ordinance shall not be adopted without at least
ten (10) days' notice prior thereof to Grantee and an opportunity
for Grantee to be heard upon the proposed action of said proposed
ordinance. In the event such an ordinance is adopted and said
ordinance depends upon a finding of fact, such finding of fact as
made by the City Council after the hearing if requested as
provided for shall be conclusive.
SECTION 18. Grantee to Have No Recourse .
A. Except as expressly provided in this franchise , Grantee
herein shall have no recourse whatsoever against the City for any
loss, cost, or expenses or damage arising out of the provisions
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or requirements of the franchise or because of the enforcement
thereof by the City nor for the failure of the City to have the
authority to grant all or any part of the franchise .
B. Grantee expressly acknowledges that upon accepting a
franchise , it does so relying upon its own investigation and
understanding of the power and authority of the City to grant the
franchise .
C. Grantee by acceptance of the franchise acknowledges
that it has not been induced to obtain the franchise by any
understanding or promise or other statement whether verbal or
written by or on behalf of the City or by any other third person
concerning any term or condition of the franchise not expressed
here in .
D. Grantee further acknowledges by acceptance of the fran-
chise that it has carefully read the terms and conditions hereof
and is willing to and does accept all of the risks of the meaning
of such terns and conditions and agrees that in the event of any
ambiguity therein or in the event of any other dispute over the
meaning thereof , the same shall be construed strictly against the
Grantee and in favor of the City.
SECTION 19. Failure of City to Enforce the Franchise . No
Waiver of the Terms Thereof . Grantee shall not be excused from
complying with any of terms and conditions of the franchise by
any failure of the City upon any one or more occasions to insist
upon or to seek compliance with any such terms or conditions .
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SECTION 20. Time is of Essence to this franchise . Whenever
this franchise shall set forth any time for any act to be per-
formed by or on behalf of the Grantee , such time shall be deemed
of the essence and any failure of the Grantee to perform within
time allotted shall always be sufficient grounds for the City to
revoke the franchise .
SECTION 21. Grantee May Contest Validity of Franchise and
Termination .
1. This Agreement is based upon the history of good faith
cooperation between Salt Lake City and the University of Utah
that has characterized Research Park . However, in signing this
Agreement, the Grantee does not waive its right to seek judicial
or legislative clarification relative to the appropriateness of
this franchise and the fees imposed in connection herewith .
Furthermore, the Grantee does not waive any claims it may have to
interests in land reserved to Grantee by operation of law or
grant of dedication for public use , nor waive a claim that the
use is , in fact, a public use. No provision herein or payment
may be construed as an admission or evidence of any unauthorized
activity by Grantee. However, Grantee agrees that in the event
the fees contemplated hereunder are determined finally by a court
or courts of appropriate jurisdiction to be inappropriate or
unnecessary or that other restrictions herein are deemed to be
inappropriate, Grantee hereby waives the right to seek
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reimbursement for any of the funds or fees paid to City pr io r to
such a decision .
2. Either party may cancel and terminate this Franchise
Agreement at any time upon one year's prior written notice sent
by certified mail to the other .
SECTION 22. Rights Reserved to the City .
A. Without limitation upon the rights which the City might
otherwise have , the City does hereby expressly reserve the
following rights, powers and authorities:
1. To exercise its governmental powers now or
hereafter to the full extent that such powers may be vested
in or granted to the City.
2. To grant additional franchises within the city to
other persons for the conduct of telephone and telecommuni-
cation services under any conditons whatsoever acceptable to
the City, notwithstanding the same might later be alleged to
be more favorable than the rights granted herein .
3. To exercise any other rights powers , or duties
required or authorized , the City under the Constitution of
the State of Utah, the laws of Utah, or the City ordinances .
SECTION 23. Effective Date . This Ordinance shall take
effect upon the date of its first publication .
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Passed by the City Council of Salt Lake City , Utah, this
15th day of October. 1987.
ATTEST:
CITY ECO 7
R CHA 11 RMAN
Transmitted to Mayor on 10/15187
Mayor's Action: XX Approved . Ve toed .
ATTEST:
CI Y ECO E MAYOR
SEAL
The foregoing franchise , upon its enactment, is acknowledged
and accepted by University of Utah day of
1987.
By
Title :
BiU 76 o6 1987
Pubtbsh.ed: 10124187
—20—
S TA T E OF
5�tr CAC►clr� ) s s .
County of )
On the day ofrr 1987, personally
appeared before me Gt� L�'� / • ��/ ( and
who being by me duly sworn, did say
that they are the V- C @, Pie�s7{D and
of UNIVERSITY OF UTAH, and that the foregoing instrument was
signed in behalf of UNIVERSITY OF UTAH and said persons
acknowledged to me that said UNIVERSITY OF UTAH executed the
same .
NOTARY PUBLIC, residing in
Salt Lake County, Utah
My Commission Expires:
rc3
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` EBll , All
Description of Easements for
a Franchise Agreement
for Communications Conduit and Cable
PARCEL "A"
A strip of land 10 feet wide, the center line of which is
described as follows: beginning at the southerly monument at the
intersection of Wakara Way and Arapeen Drive called SLC-13 on the
drawings thence North 11058132" East, 1851.523 feet to a point on
the southwesterly boundary of the street right-of-way, said point
being the point of beginning; thence North 22042'25" East, 27.85
feet to a point on the northwesterly boundary of the street right-
of-way. Containing 277 square feet.
PARCEL "B"
A strip of land 10 feet wide, the center line of which is
described as follows: beginning at the southerly monument at the
intersection of Wakara Way and Arapeen Drive called SLC-13 on the
drawings thence North 12057'26" East, 1825.35 feet to a point on
the northerly boundary of the street right-of-way, said point
being the point of beginning: thence South 58020'40" East 120. 17
feet; thence South 73 59'04" East 56.18 feet to intersection point
"A"; thence North 48000'58" East, 25.00 feet to a point on the
northeasterly boundary of the street right-of-way; thence
beginning at intersection point "A" described above, South
27 35'39" West 80.42 feet to a point on the southeasterly boundary
of the street right-of-way. Containing 2767 square feet.
PARCEL "C"
A strip of land 10 feet wide, the center line of which is
described as follows: beginning at the southerly monument at the
intersection of Wakara Way and Arapeen Drive called SLC-13 on the
drawings thence North 32035'39" East, 1577.06 feet to a point on
the northwesterly boundary of the street right-of-way, said point
being the point of beginning; thence South 43041'17" East, 23.07
feet; thence South 40 58'13" East, 120.45 feet to intersection
point "B"; thence South 37048'47" East 23.17 feet a point on the
southwesterly boundary of the street right-of-way; thence
beginning at intersection point "B" described above, South
48 46'12" West, 18.64 feet to a point on the southwesterly
boundary of the street right-of-way. Containing 1902 square feet.
PARCEL "D"
A strip of land 10 feet wide, the center line of which is
described as follows: beginning at the southerly monument at the
intersection of Wakara Way and Arapeen Drive called SLC-13 on the
drawings thence North 50018'07" East, 1498. 18 feet to a point on
the southwesterly boundary of the street right-of-way; thence
North 59057'07" East, 104.67 feet to a point the northeasterly
boundary of the street right-of-way. Containing 1047 square feet.
Page 2
Franchise Agreement
Easement Description
PARCEL "E" (Alternate)
A strip of land 10 feet wide, the center line of which is
described as follows: beginning at the southerly monument at the
intersection of Wakara Way and Arapeen Drive called SLC-13 on the
drawings thence North 40011118" East, 577.12 feet to a point on
the easterly boundary of the street right-of-way which point is
the point of beginning; thence South 41046'04" West, 91.40 feet;
thence South 34 5l'24" West, 92.08 feet to a point on a 2124.05
foot: radius curve to the right; thence 164.60 feet along the arc
of the curve (chord bearing South 37012'06" West) ; thence South
39025'17" West, 137.07 feet to a point on a 45.00 foot radius
curve to the left; thence 65.58 feet along the arc of the curve
(chord bearing South 8024145" West 62.43 feet) ; thence South
36046114" West, 97.764 feet to a point on the southerly boundary
of the street right-of-way. Containing 6486 square feet.
s y