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HomeMy WebLinkAbout2222ORDINANCE NO. c�c k�cr7kcs ��CcToHs KING C8N i AN ORDINANCE of the City of Kent, Washington, granting to the Burlington - Northern Railroad Company, its successors and assigns, the right, privilege and au- thority to construct, maintain and oper- ate a railroad spur track upon and across 80th Avenue South in the City of Kent, King County, Washington. WHEREAS the Burlington -Northern Railroad Company has petitioned City of Kent for franchise to construct, maintain and operate a railroad spur track at common grade upon and across 80th Avenue South in the City of Kent in Section 36, Township 23 North, Range 4 East W.M. located in King County Washington, and WHEREAS a separation of grade of said crossing is neither practicable nor justified, and WHEREAS Burlington -Northern Railroad Company has filed with City of Kent acceptable plans for said crossing, and said plans have been approved; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent, hereinafter called "the City" does hereby grant to the Burlington Northern Railroad Company, its successors and assigns, hereinafter called "the Grantee" the franchise and privilege of constructing, maintaining and operating a railroad spur track at common grade upon and a- cross 80th Avenue South in the City of Kent, Washington, described as follows: That portion of the following described center- line lying within 80th Avenue South: A strip of land 20.00 feet in width which center- line is described as follows: Beginning at a point on the West line of 80th Avenue South, which is north 1°47128" west a distance of 414.14 feet from the centerline of South 188th Street, being the TRUE POINT OF BEGINNING of the centerline herein described, thence south 88016132" east a distance of 60.00 feet being the terminus of the centerline here- in described. The above described centerline lies within a portion of the Southeast quarter, Section 36, Township 23 North, Range 4 East, W.M., in King County, Washington. ko CD0 J CO provided that the construction of said track at common grade on and across said avenue shall be completed in a manner satisfact to the Kent City Engineer and any other applicable authority. Section 2. The Grantee shall pay the entire cost and expense of constructing and maintaining said track across said street as it now exists or as it may be changed from time to time; provided, however, that nothing contained herein shall prevent the Grantee from charging any other railroad company, or companies to which Grantee may grant or assign an interest in said track, or the franchise hereby grnated, a portion of the cost and expense of constructing and maintaining said track. Section 3. The Grantee shall pay the entire cost and expense of constructing, installing and maintaining advance warning signs and whatever crossing and protective devises Grant- ee may be required to install, whether by agreement between City and Grantee or as required by applicable public authorities; provided; however, that nothing contained herein shall prevent the Grantee from charging any other railroad company, or companies, to which Grantee may grant or assign an interest in said track or the franchise hereby granted, a portion of the cost and expense of constructing and maintaining said advance warning signs and crossing protective devises. Section 4. Said track shall be laid and maintained at common grade with said avenue as said grade now exists, or as said grade may be hereafter changed by the City of Kent, and the Grantee shall plank the travel portion of said avenue between the rails and for one foot on each side thereof and shall maintain said planking in good repair. Section 5. The Grantee shall not store cars within or upon said avenue nor shall said Grantee stop cars on said avenue for switching operations, and further, said Grantee shall not use said track in such a manner as to unreasonably interfere with travel upon and along said avenue, and shall have personnel available to direct traffic during the use of the crossing; and further, the Grantee shall not conduct switching operations on said spur track across said avenue during the hours of 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. daily. Section 6. The franchise hereby granted shall not be taken to restrict the rights of the City to enter upon that por- tion of said avenue where said track is located for the purpose - 2 - R1 of locating, re -locating, constructing, maintaining, repairing, O or removing any public works, utilities, or facilities under or Nr over said track. All such work shall be done, if possible, in CD z suah a manner as not to obstruct, injure or prevent free use and CD CD I operation of said railroad track by the Grantees, and shall meet c0 the Grantees' engineering specifications. Section 7. The Grantee shall hold the City harmless from any and all liability and damage occasioned by the construc- tion and operation of said track, or by the operation of any engine, train, railway, car or cars upon said track; provided that the Grantee shall not be required to indemnify or protect the City against liability for damages arising out of the City's own negligence. Section 8. The grades on all crossings referred to ' in this franchise shall be according to the standards established 1 by the City of Kent. Section 9. Prior to exercising the franchise privi- leges granted herein, the Grantee shall obtain any permits nec- essary to operate said spur line from applicable public authori- ties. Section 10. The franchise privileges granted herein shall be effective for ten (10) years from and after the final passage of this Ordinance. Section 11. This Ordinance shall not take effect until it is passed upon during a regular Council meeting subse- quent to its introduction at a previous regular Council meeting; once it has received the favorable votes of a majority of the I members of the Kent City Council it shall thereafter take five h (5) days after its passage, approval and publication as provided by law. ISABEL HOGAN , MAYOR ATTEST: RA-kIE JENSEN, CITY CLERK APP�OVED AS TO FORM: DdRALD E. MIRK, CITY ATTORNEY - 3 - W, Q 00 /N7`k'f� L1c e "TKA- A`I c'f' )V&IL-, / i PASSED the -4;1 day of i, 1980. APPROVED the �_ day ofM41, 1980. PUBLISHED the day of pr, 1980. I hereby certify that this is a true copy of Ordinanc( No , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as here - on indicated. (SEAL) KMA IE JENS N, CITY CLERK TILED for Record al Request iii �*°-� M,=