Loading...
HomeMy WebLinkAbout210ORDINANCE No. -12 --.Ll!— AN ORDINANCE GRA17TING TO THE CHICAGO, MIMAUKEE AND PUGET SOUND RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND AUTHORITY TO LOCATE, LAY DOWIT9 COTTSTRUCT, MIAINTAIN AND OPERATE RAILWAY TRACKS IN, ALONG, UPON, OVER AND ACROSS CERTAIN PUBLIC STREETS IN THE CITY OF KENT, KING COTTNTY, WASHINGTON« THE CITY COUNCIL OF THE CITY OF KENT DO ORDAIN: Section 1- The City of Kent, King County, Washington, does hereby grant to the Chicago. Milwaukee and Puget Sound Rail- waV Company, its successors and assigns, for the term of fifteen (15) years, the right, privilege and authority to lay down, con- struct, maintain and operate a track or tracks of standard gauge railway together with all needful crossovers and connections between any of said tracks and any other thereof, in, along, upon, over and across the streets and alleys in said City herein- after named, and upon the rights of way hereinafter described.,. and the right to operate locomotives and cars upon said tracks or any thereof. The construction and operation of ane or more of said tracks under this ordinance shall not be construed as a waiver or abandonment of the right to thereafter construct and operate any additional tracks herein authorized.. Section 2- The rights of way hereby granted for said tracks are described as follows: 1 A right of way sixty (60) feet in width, for the construction and maintenance of one or more tracks,over and across Third Street, Fourth Street, the alley in block one �i 1 and the alley ,1n Block two (2)9 all in Ramsay' s Addi- e; ( ) tion to the Town of Kent,- as shown by the plat thereof on file in the office of the Auditor of King County, being Ij thirty (30) feet in width on each side of the center line of said right of way, as surveyed and located, which Kent ( d2 center line of said right of way is described as follows, towi t: Beginning at a point in the west line of Fourth Avenue where the same is intersected by a line drawn through, the center of Lot three (3), Block one (1), and produced westerly over and across said Fourth Avenue thence +ua in a straight line a distance of three hundred ten (310) feet more or less to a point which is the beginning of a curve to the right having a radius of three hundred eighty- three and six hundredths (383.,06) feet, thence along said curve a distance of two hundred twenty -taco feet (2220 more or less to a point in the west boundary of lot nine (9) block two (2) distant twenty-seven (27) feet northerly of the southwest corner thereof measured along said west boundary., d'2 A right of wavy fourteen (14) feet in width having seven (7) feet of such width on either side of a center line for the construction and maintenance of one track in Shinn Avenue and Second Street, said center line being more parti- cularly described as follo;rs, towit: Beginning at a point in the west line of First Street seven (7) feet north of the south line of Shinn Avenue, thence west parallel to and distant seven (7) feet northerly from the south line of said Shinn Avenue a distance of sevent seven (77) feet more or less to a point which is thebeginning of a curve to the right having a radius of three hundred eighty-three and six hundredths (383.06) feet, thence along said curve a distance of two hundred sixty-seven (267) feet mo-te or less to a point in the west line of Second Street ei distant thirty-nine (39) feet more or less, north of the �P north line of Shinn Avenue, measured along said west line.. % 131 All that portion of a fourteen (14) foot strip,. I� belt or piece of land having seven (7) feet of such width on either side of a center line lying and being in the bounds I� i Kent Ord D 3 of Second Street as the same is established on the plat of Yeslert s First Addition to the Town of Kent on rile in the Auditor's office of King County, the said center line being more particularly described as follows: Beginning at a point in the east line of Block two (2) Ramsay's Addition to the Town of Kent, distant twenty-three (23) feet more or less, northerly from the southeast corner thereof, measured along said east line, thence southeasterly on a curve to the right having a radius of three hundred eighty-three and simhundredths (383.,06) feet, a distance of two hundred twenty-three (22Z) feet more or less to a point where the said curve is tangent to a line drawn parallel, to and distant one (1) foot westerly of the east line of sSecond Street, thence along said tangent a distanc-e of three hundred forty-six (346) feet more or less, to the GLvzru,t,Fi north line of "ieeker produced across Second Street. Section 3- The grant in this ordinance contained is made expressly subjea:t to the following conditions and require- ments towit: 1st. -- The City of Kent shall retain the same control of the streets in and across which such railway tracks shall be laid down, as over other streets, and shall have such further con - trot over such right of way as the laws of the State of 77,ash- ington, now or hereafter permit; and said city reserves to itself, and its grantees, the right to carry water mains,, sewer mains, gas pipes, conduits and other public utilities, underneath, or wires above, any and all of the tracks herein authorized to be laid in, upon, over and across such public streets, which rights shall be exercised howevery.. so as to interfere as little as practicable with the use of the said tracks, and so as to leave the said right of way occupied Kent Ord p4 thereby restored'to as good condition as may be, consistent with the reasonable exercise of such rights by said city., 2nd. ._..... That in the operation of the tracks authorized by this ordinance, said grantee, its successors and assigns, shall have the right to use steam power, or any other motive power as it or they may deem suitable, subject to the lawful and reasonable control of the City of -.Kent. 3rd. — That the grade of the tracks to be constructed shall conform to the established grade of the streets where laidx and said grantee and its assigns and successors shall construct and maintain good and sufficient crossings of suitable planks,; wherever the said tracks shall cross or run upon or along any such street or streets; that the tracks lying in, upon or across any streets shall be planked between the rails and for two (2) feet on the outside thereof on either side, for the full width of the street where crossed, and for the full length of the track lying upon and along any such street; that any and all frogs in any track must be of rigid construction. 4th. — In case the City of Kent shall at any time here- of ter, grade, improve, or pave any of the streets in and along which the said tracks or any of them shall be constructed, said grantee shall in like manner grade, improve and pave its right of way and the whole thereof lying in such street or streets so improved, and shall maintain such right of way so improved in a good condition of repair so long as such tracks shall be used and maintained. 5th. -- In the construction, alteration or repair of said tracks or appurtenances, the said grantee, and its assigns„ shall cause as little obstruction to traffic and travel as ros- sible consistent with the practicable performance of the work,, and shall cause as little disturbance to the soil and property as is practicable in all .such work; and upon the completion of any :nuc,:::.., '' c '",.., the b-Ureets J alleys shall 10�e at once by the grantee I to as good condition as they were before, such work was Jtri• That the &aid ci,u-y at all times have and retain riuC.t rc�Ito Mate the speed of trt-Lins an -i loconotivos upon the aadd track or tracks, shall hav,E) 15'nc to fix the t 4 #A e, .luring which any train Or 1000I-10ti*O PI. -ay blockade -E; J�trO­t crossinanyoint ao6 _t1iaSuch further con— trol anA . blice o r a:c ,ver ov8t,Lij right Of viLty as by law provided; Rro'vi it .it1lial all 5izct ,.nd control sII,)ll t)e lar fully an.! oxerciee�,. The ci-Gy of 'Kent I -i:rj­11.t to ?le reserves ti e ► t to ally Oti)0-r ruil-,;,--Y constructed for 'Uhe oses of carry— ing freight r L V ass #(-, P, Z8 froi-,� some point nutoide of tho city of Kent, to aaid city, a franchise for the use of the ri-hts of y -ranted in this or,: :nJ. tho Lrantee, bY acce;�tJnC, this jq;rees to submit, to the use by such ot'oer r�Alvvay Of ;111 that portion Of its .11.rOfOsOd si. ur tracklying oast of the Seot line of Fo,,trth ,-rect; subject, � . however, to such reasonable rules and regulations as =,,,y !)e consistent vi -ti-., the ri6hts of the 6 sante,; h a r e i n , n, tO the; or. I- f r U Erlich rent­xl Or other ocmren— SILtion to the grantee, its successors' an,-. assigns as may be just and ellLiitable, for the use of such portion of saici spur torack, --ind if tho `-,ralitee and such other rail way ccra�.)any shall not Ije a0le, to agree ao, to such rules :ind regulation, xental or cor:— ,7,ensation une s.a. io shall u�.­ subiAttea to arbitration in accor- J an c e w i to !-j 1 WV; of t a p e of W, i s I i 16ton. 2ec'u-io!I 4- The daid gr,-tntee, its suc(l,ossors, t assigns, by the accepta.-rice of the fr-anchise agraes ch'at it 1,1,i y ::ill fcrever -'rot"CL ­CnAl thr Sid -I city of Kent from all claims, actions Or iamagos Of arty 7Lnd evory hin(i .ihi,-,h may LL accrue tijo or be, szil`f6re:A I)y any rerson or r-ersons by reason. of any defallctivu Ccns-.-ruc.;ion or maintenance or imprC4l."er OCCU- ' ut-ion of said xi it 0 "' v ­y) or eU, L L)" rson of the neglis-70M'n &Oer- ­v Ld -tion of a_.cjy r--Lj;­ay trin�, or locommltlives over. 'l w17 an, , �066 ;any Of a trjc_ fit -.fits of a,j.ly her -cin granted,, ani in case -any suit or action lama- arising out 0 aj). -,inst the Sui, p S �3 a J gy Of r _I city for by reaE,cil of such jefe(.,tjvv, aonstruotion crAnairitenance or i1r.- 7 'C roC� couption or ner0yliFwrlt OPO-�atiOn, sa­.:t grantee its SuC-, _ess,)rs n_j ussi_ns �Iyill ur)on notice toit or t1jeLl of the rot;- Suit or ac'6iclri, iofenAt-11(� al, its Or U"".'.-"ir a6ai ne ud it be rem-lered st the said cm ri co S 'U ca�e city therain, ,,,ill s,,tjisfy t11 s3Lj:J, eii thin ninety ILL Y2 U , after tJje, shall h;.Lv(j 5uen f,ALly de�vermined, if le"(3rilinod .iivarse..,)r to jl'ic sai- city. c b i on 5 The s_;1drrr,-mta6 soon as ��racticable L - but �vithin six monthe after the, of this ordinance cause the s�.Lj IL Chinn Avenue and saki Pecond �'treet to ,e irkT) roved U t1 -.e full ridth thereof from gutter to gutter on the nort and west sides of Mock four (4) of Yc?,sl_-r's First Addition to Kent, including the intorsocriOn Of said soconJ street and Chir m Aven— in, venicli jrprovem-ent of all L,,e in accordri b, ta s ji e and J sj)a0jCic,LjLon -re-fare-1 i`,6lcity 1 en4- ifj e c, r an now on 'ilk in the office r)f Gjjrj clerk mariked "wil ed December 16th, 190." f,cczion 6. The richts, privileges an.. fr.;�j-jcjjjsos herein �j are subject to tj -cje of Lh�� council of -rhe Braid city it un�r horo,tLfte,­ to chari­�I.;:e or modify the sLure havihaving;having;due U_ same,_ having; reg,:Lrd, howover, to TI,lu ri�jjts of the .,artiee an, iAmi nterests of the rublic. Tq * t or e , ) --, ;f ;hisfranchise t 0 CE r 1 7 i'JS Successors c Ken' Ord p T Clerk of the said city their„ or its, acceptance in writing, under the corporate seal of the said grantee or its successors or assigns, executed in legal form, agreeing to the terms and con- ditions set forth in this ordinance; and if such acceptance be not so filed within such time this ordnance shall be void. Section 8- That the right of war and all rights, privi- leges and authorities granted by this ordinance, and all benefits thereof shall be assignable by said grantee, its successors or assigns, as it, or they may at any time see fit, either as an entirety or as respects any one or more of the tracks or �oart:s of the tracks embraced within the scope of such grants. Section 9- This ordinance shall take effect and be in force on and miter its passage, approval and p,ablication as required by law., r Passed the Council of the said City of Kent, this day of �p -,.�� A.D. 1909. �i ' Approved: �I li Attest: - Mayor..