HomeMy WebLinkAbout3274qq
AN ORDINANCE granting to the CHICAGO, MILWAUKEE AND
PUGET SOUND RAILWAY COMPANY, its successors and assigns,
the right, privilege and authority to la:pate, lay down,
construct, maintain and operate a railway track in, dUong,
upon, over and across certain public streets in the City of
Kent, King County, Washington.
THE CITY COUNCIL OFT HE CITY OF KENT DOES ' ORDAIN s
SECTION ls- The City of Kent, King County, Washirg ton, does
hereby grant to the CHICAGO, MILWAUKEE AND PUGET SOUND RAILWAY
COMPANY, its successors and assigns, for the term of twelve (12)
years, the right, privilege and authority to lay dovm, construct,
maintain and op rate, a track of standard gauge railway, together
with all heedful crossovers and tonne ctiions between ailyy portion
of said track and any other thereof, or any other track or tracks
adjacent tlB ret o, In, along, upon and over and across the streets
In said city hereinafter named, and upon the right of way herein-
after describe d, and the right to operate locomotives and curs
upon said track, or any thereof.
SECTION 2s- The track of standard gauge railway, the locating*
laying down, construction, maintenance and ope ration whereof are
authorized by this ordinance, and the right of way hereby granted
I'
for the same, is described as followss
A right of way fourteen (14) feet in width, having seven (7)
feet of such width on either side of a center line herein-
after described, for the construction, maintenance and oper-
ation of one (1) track in Second Street and Shinn Avenue in
the City of KenV, King County, Washington, said center line
being more particularly described as followss
COMMENCING at a point in Block Four (4), Yesler's First
Addition to City of Kent, which is twenty-nine (29) feet
distant from and at right ang
les to the westerly line of
said Block and also one hundred and five (105) feet distant
from and at right angles to the northerly line of said Block
j Four (4) ; thence on a curve to the left, whose tangent is
parallel to and twenty-nine (29) feet distort from the west-
erly line of said Block Four (4) , and whose radius is two
hundred eighty-seven and nine hundred thirty-nine(287.938)
one -thousandths feet,to a point in the northerly line of
distant seven and five -tenths (7.5) feet
said Block Four (4),
east of the northwest corner of said Block Four (4), which
point is the true point of beginning of this description;
thence continuing on a curve to the left, whose radius is
two hundred eighty-seven and nine hundred thirty-nine one -
thousandths (287.939) feet,, across Shinn Avenue and Second
Street to a connection with the present track of the grantee
herein now con structe d, maintained and oprated in said Second
Street) under provisions of Ordinance Number 210 of said
City of Kent.
SECTION 3:- The grant in this ordinance contained is made express-
ly subject to the following conditions and requirements, to wits
lst,- The city of Kent shall retain the same control of the
streets in and across vbich such railway track shall be
laid down, as over other streets, and shall have such
further control over such right of way as the laws of the
State of Washington now or hereafter permit; and said city
reserves to itself and its grantees the right to carry
oat er mains, sewer mains, gas pipes, conduits and other
public ut it i t i e s and ern each, or wires above any and all Of
2nd. !'
3rd. 11
4th
the t,ra.ck herein. authorized to be laid. in,upon, over and across
such public streets, which rights shail be exercised,however,so as
to interfere as 13.tt.1P as practicablewith the use of said tracks
�.nd so as to leave the said. right, of wayoccupied thereby restored
to as good condition as may be,consistent with the reasonable ex
r-
'
ercise of such rights by the ,_,iy-
That, in the operation of the track authorised by this ordimamce
said grantee,its successors and assigns,shall have the right to
uSestearr pourer,or any other motive power,as it or, they may deem
suit.able,subject, to the lawful and reasonable control of the City
of Fent.
That the grade of the track to be constructed under this ordinance
shall conform to theestablishnd grade of the street where laid,and
said grantee and its successors and assi.Us shall construct and
maintain a good and sufficient plank covering for all of th.a.t por-
tion
tion of Shinn "treet and its intersection with Second Avenue,which
is included within the triangular tract bounded on the northwest
and north east sides by the tracks of the said grantee as now la-
cat:ed and constructed therein,and on the south side by the curb
I
line in. said `'hinn Qtreet,,along the north side of Block four in
Yesler's First ,?ddition to Kent any and all frogs in said.
track and and tracks shall be of rigid construction, anal that no switc
tra.
nor any portion of any switch shall -be pita-ced or maintained in th
i� said Street or Avenue.
In case tY?esaid. City shall at any time grade,inprove or pave the
ack is to be constructed,said
streets, in and along which said tr
grantee shall in.
section with like manner gra.de,improve and pave all. of that
oort,ion of said Shinn Ctreet, and its inter�;econd Ave -
p
ue which is included�; i.tYiir the triangular tract above described
'raph 3 of this sect ion, and. sha-11 thereafter maintain such
in paragraph
ion€ as..said trach shall be r-,a.inteAned;or used.
im; rovement. so
VII
5th,- In the construction, alteration or repair of said track or
appurtenances, the said grantee and its assigns shall cause
as little obstruction to traffic and travel as possible,
consistent with the practicable performance of the work,
and shall cause as little disturbance to the soil and prop -
arty as is practicable in all such work; and upon the com-
pletion of arty such work, the streets shall be at once, by
the grantee restored to as good condition as they were
before such work was begtm*
gth,- That the said city shall at all times have and retain the
right to regulate t he speed of trains and locomotives upon
the said track, and shall have the right to fix the maKimum
time during which any train or lOcMOtJve may blockade the
street crossing at any point, and shall have such further
control and p61icb power over said right of way as by law
provided; provided that all such rights, power and control
shall be lawfully and reasonably exercised*
7th,- The city of Kent hereby reserves the right to grant to any
other railway constructed for the purpose of carrying freight
and passenger's from some point outside the city of Kent,to
said city, a franchise for the use of the rights of way
granted in this ordinance; and the grantee, by accepting
this franchise, agrees to submit, to the use by such other
railway of all of its said proposed spur track, subject,
however, to such reasonable rules and regulations as may
be consistent with the rights of the grantee herein, and
to the payment of such rental or other compensation to the
grantee, its successors and assigns as may be just and �
equitable for the use of such spur track, and if the grantee II
and such other railway company shall not be able to agree
as to such rules and regulations, rental or compensation,
i
the same shall be submitted to arbitration in accordance
with the laws of the State of Washirg ton.
5
SECTION 4:- The said grantee, its successors and assigns, by
the acceptance of the franchise agrees theft it and they will forev-
er protect and save harmless the city of Kent, from all claims,
action or damages of any and every kind which may accrue to or be
suffered by any person or persons by reason of any defective con-
struction or maintenance or improper occupation of said right of
way, or by reason of the negligent ope rat ion of any railway trains
or locomotives over and across the right of way herein granted,
and in case any suit or action is commenced against the said city
for damages arising out of or by reason of such defective con-
struction or maintenance or improper occupation or negligent oper-
ation, said grantee, its successors and assigns, will, upon notice
to it or them of the commencement of such suit or action, defend
the same at its or their cost and expense, and in case judgment
be rendered against the said city therein, will satisfy the said
judgment within ninety (90) days after the same shall have been
fully determined, if det ermine d adversely to the said city,
SECTION 5:- The rights, privil6geRs and franchises herein granted
are subject to the right of the Council of the said city at any
time hereafter to change or modify the same, having due regard,
however, to the rights of the parties and the interests of the
public.
SECTION 6:- In order to obtain the benefit of this franchise
the grantee, its successors or assigns, shall within thirty (30)
days after the passage of this ordinance, file with the Clerk of
the said city their, or its, acceptance in writing, under the cor-
porate seal of the said grantee, or its successors or assigns,
executed in legal form, agreeing to the terms and conditions set
forth in this ordinance; and if such acceptance be not so filed
within such time, this ordinance shall be void.
0
SECTION I:- - That the right Of way and all rights, privileges 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 portion of the track embraced within the scope
of such grants.
SECTION a:- This ordinance shall take effect and be in force
-'!w aft er it s passage, approval and publicat ion as requir ed by
law.
Passed the Council of the said City of Kent, this 4tk day of
November, A. D. 1312.
Approveds Mayor.
/J
Attests a� ✓✓�-y Clerk.
•