HomeMy WebLinkAbout1497ORDINANCE N0. q
AN ORDINANCE of the City of Kent, Wash-
ington, granting to the Northern Pacific
Railway Company, a Wisconsin corporation, its
successors and assigns, the right, privilege
and authority to construct, maintain and oper-
ate a railroad spur track upon and across S.OeAv 7
84th Avenue South (East Valley Highway) in
the City of Kent, King County, Washington.
WHEREAS, the Northern Pacific Railway Company, a Wisconsin corporation,
has filed with the City of Kent a Petition with explanatory map attached
thereto, requesting a franchise to construct, maintain and operate a
railroad spur trac� at common grade upon and across 84th Avenue South
(East Valley Highway) in the City of Kent, the centerline of said
crossing described as follows:
Beginning at the intersection of the west line
of East Valley Highway, also known as 84th Avenue
South, with the intersection of the center line of
South 212th Street; thence north along said west
line 440 feet to the true point of beginning of
line herein described; thence east parallel with
said center line of said South 212th Street to the
east margin of said highway being the terminus of
line herein described, all lying within the north-
east quarter of Section 12, Township 22 North, Range
4 E.W.M. and the northwest quarter of Section 7,
Township 22 North, Range 5 E.W.M.;
located in King County, Washington, a copy of said Petition and attached
explanatory map being on file in the office of the City Clerk; and
WHEREAS, a separation of grade of said crossing is neither
practicable or justified; and
November, 1967, sai s avorably approved by a vote of at
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DO ORDAIN AS FOLLOWS:
�Section 1. That the City of Kent, Washington, hereinafter called
"The City," does hereby grant to the Northern Pacific Railway Company,
a Wisconsin corporation, its successors and assigns, hereinafter called
#= "The Grantee," the franchise and privilege of constructing, maintaining
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/ r
and operating a railroad spur track at common grade upon and across
s. R. i6 2
84th Avenue South (East Valley Highway)Ain the City of Kent, Washington,.
the centerline of said crossing described as follows:
Beginning at the intersection of the West line
of East Valley Highway also known as 84th Avenue
South with the intersection of the center line
of South 212th Street; thence North along said
West line 440 feet to the true point of beginning
of line herein described; thence East parallel with
said center line of said South 212th Stret to the
East margin of said highway being the terminus of
line herein described, all lying within the North-
east quarter of Section 12, Township 22 North,
Range 4 E.W.M. and the Northwest quarter of
Section 7, Township 22 North, Range 5 E.W.M.;
located in Kent, King County, Washington, provided that the construction
of said track at common grade upon and across said avenue shall be com-
pleted in a manner satisfactory to the Kent City Engineer and any other
applicable authority.
Section 2. The Grantee shall pay the entire cost and expense of
constructing said track across said avenue 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 granted, a portion of the cost and expense
of constructing and maintaining said track.
Section 3. 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 4. 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, further, the Grantee shall not conduct switching operations l
on said spur track across said avenue during the hours of 6:30 a.m. ,•
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d).00 a.m. and 3:00 P.M. to 6:00 p.m. daily.
The franchise hereby granted shall not be taken to
Section 5.
restrict the rights of the City to enter upon that portion of said avenue
where said track is located for the purpose of locating, re -locating,
constructing, maintaining, repairing, or removing any public works,
utilities, or facilities under or over said track, but said work shall be
so prosecuted by the City, its contractors, servants and agents as to not
unnecessarily interfere with the movements of railroad engines, cars and
traffic over said track, the City reserving the same control over that
portion of said avenue as it has over other public streets in said City.
Section 6. The Grantee shall hold the City harmless from any
and all liability and damage occasioned by the construction and operation
of said track, or by the operation of any engine, train, railway car or
cars upon said track.
Section 7. The grades on all crossings referred to in this franchise
shall be according to the standards established by the City of Kent.
Section 8. Prior to exercising the franchise privileges granted
herein, the Grantee shall obtain any permits necessary to operate said
spur line from applicable public authority.
Section 9. The franchise privileges granted herein shall be
S.
effective for ten (10) years from and after the final passage of thi•.
Ordinance.
Section 10. This Ordinance shall not take effect until it is passed
upon during a regular Council meeting, subsequent to its introduction at
a previous regular Council meeting; once it has received the favorable
votes of five (5) members of the Kent City Council it shall thereafter
take effect five (5) days after its passage, approval and publication,
as provided by law.
ATTEST:
�M.r.`.eJ
R E J �N,�ITYLERK
MAYOR
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.l
Approved as to form:
lD.
J B. BEREITER, CITY ATTORNEY , S
1,JTR s D
ucc D TK�S� i7AY m
PASSED THIS DAY of 1961.
APPROVED this s�—��
day of
��
1965.
PUBLISHED this
day
of ------�"—
1961.
of Ordinance No - —Z
I hereby certify that this is a true copy
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passed by the City Council of the City of Kent and approved by�the Mayor
of the City of Kent as hereon indicated.
(SEAL)
M RIE J NSE TY CLERK
ELIE