HomeMy WebLinkAbout1979-2296 BURLINGTON NORTHERN, INC.’S FRANCHISE TO OPERATE & MAINTAIN RAILWAY TRACK ON A CERTAIN ALLEY & ACROSS CERTAIN ORDINANCE NO. ;1-5
'n n Northern, AN ORDINANCE granting to Burli gto Inc., a franchise
to operate and maintain a railway track on a cer-
tain alley and across certain streets in the City
of Yakima.
• BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subject to the terms and conditions hereof,
there is hereby granted to Burlington Northern Incorporated,
a Delaware corporation, hereinafter called "grantee', the right,
privilege and authority to maintain for a period of ten (10)
years from the date of this ordinance a single track railroad
upon a centerline described as follows:
Commencing at the point of intersection of the center-
4111 line of the Burlington Northern main track with the south
line of Section 19, Township 13 North, Range 19 East,
Willamette Meridian; thence easterly along said south
section line 313.44 feet to a point on the centerline
of said single track; thence northwesterly along a
curve to the left, the tangent of which at said point
of intersection forms an angle of 81 °48'51" with said
south section line in the northwesterly quadrant, having
a radius of 764.489 feet, subtending an angle of 10 °53'51 ",
a distance of 145.29 feet to a point of tangent in the
centerline of the alley in Block 18 of Southern Addi-
tion to North Yakima; thence northwesterly on a tangent
to said curve 125.95 feet, more or less, to a point
of intersection with the south line of Race Street,
which,is also the north line of Block 18 extended; thence
northwesterly crossing Race Street on a curve to the
left, having a radius of 573.686 feet, subtending an
angle of 10 °09'44 ", a distance of 101.75 feet to a point
of reverse curve; thence northwesterly on a curve to the
right, having a radius of 573.686 feet, subtending
an angle of 10°09'44", a distance of 101.75 feet, more
or less, to a point of tangent, which is eight feet
distant westerly, measured at angles, from the west line
of the alley in Block 17 of said Southern Addition;
thence northwesterly on a tangent, parallel with and
distant 8 feet westerly, measured at right angles, from
the west line of the alley of said Block 17 and of Block
16 and said line extended, crossing Beech and Maple
Streets and terminating in Block 15 of said Southern
Addition now in the City of Yakima,
together with the right to construct and maintain such spur - tracks
as may be necessary to serve industries which may be located along
• or which may be conveniently served by tracks leading therefrom.
Section 2. Tracks of the grantee which are authorized by this
ordinance shall be so maintained that the tops of the rails thereof
shall be level with the surface of the streets or alleys on which
such tracks are located. The grantee shall maintain the surface
of the streets or alleys between the rails of said tracks and for
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a distance of 18 on the outside reach of said rails in a
manner satisfactory to the City's Director of Public Works. When-
ever the City paves, repaves, or otherwise improves street or
alley areas occupied by said tracks, the grantee shall pave, repave,
or improve in the same manner that portion of the street area
between the rails of said tracks and for a distance of 18 inches
on the outside of each rail, and shall thereafter maintain the
portion so paved, repaved, or improved by the grantee. All said
work shall be done by the grantee at its own cost and expense
and in accordance with the standards of the City's Director of
Public Works. In the event the grantee shall fail to perform and
do said work, the City may perform said work and charge the cost
thereof, including engineering expense, to the grantee, together
with an additional 10 percent, and if not paid within thirty (30)
days after billing the grantee therefor, the City may maintain
civil suit to collect the same and recover reasonable attorneys
fees against the grantee in said suit.
Section 3. The City reserves to itself the right to control
and regulate the public streets and alleys hereinabove mentioned
and over which any tracks pursuant to this ordinance may be now
or hereafter established. The City further reserves the right
to improve said streets and alleys and to install and maintain
therein sewers, water mains and any other public works, and also
reserves the right to regulate the ringing of bells and blowing of
whistles by engines using said track and to require that the movement
thereover shall be done in a safe manner. The grantee shall not
allow cars to stand on its track in any alley except for loading
or unloading.
Section 4. The grantee, its successors and assigns, shall
hold the City of Yakima harmless from every liability and damage
resulting from the construction, maintenance, operation, existence
or removal of the railroad tracks located in the streets and alleys
described in Section 1 hereof. III/
Section 5. As compensation for the rights granted by the City
to the grantee under this ordinance, the grantee shall pay to the
City a one time charge of $250.00 which shall be payable
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41 within thirty (30) days after the-enactment of"this ordinance by
the City Council.
Section 6. If the grantee shall permanently abandon opera-
III tion of any existing track or tracks, the grantee, at its own ex-
pense, shall remove the track or tracks so abandoned and restore
the surface of the street or alley from which the track is
removed. Nonuse by the grantee of any track or tracks for a con-
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tinuous period of one year shall be conclusive evidence of per-
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manent abandonment of track or tracks involved.
Section 7. In the event of the failure or neglect of the
grantee to comply with the terms or conditions of this ordinance,
111/ this franchise and all rights hereunder may be cancelled and terminated
at the option of the City Council, provided that the City ,shall first
serve upon the grantee, at its regularly established office in
Yakima, Washington, written notice specifying the defaults claimed
in requiring the grantee to remove and remedy suth defaults within
thirty (30) days, and if so removed, this franChise shall remain
in good standing, but if not removed, such termination shall be
in full force and effect.
Section 8. Upon the termination of this franchise ordinance,
unless the same shall be renewed or extended, as prOvided by law,
but subject to applicable state or federal laws, the grantee shall
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likewise remove its tracks and the pertinent facilities from the
above mentioned streets or alleys of the City. In the event the
grantee shall fail to remove the tracks and appurtenances referred
to in this ordinance as in this section provided, the City of
Yakima may notify the grantee to remove the same; and if such removal
shall not have been commenced within fifteen (15) days after such
notice and prosecuted diligently thereafter, the City may itself
II! - remove such tracks and appurtenances and resurface the streets
or-alleys and charge the cost thereof, including all engineering
IP expense, together with an additional 10 percent, to the grantee;
and if said amount shall not be paid within thirty (30) days from
submission of the bill to the grantee therefor, civil proceedings
may be instituted by the City against the grantee of which the
City shall be entitled to recover reasonable attorneys fees.
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Section 9. The franchise hereby granted shall take effect
01/1 thirty (30) days after the date of its publication; and, unless
sooner terminated pursuant to the provisions hereof, shall be and
remain in full force and effect for a period of ten (10)
years from and after said effective date.
Section 10. The grantee shall file with the City Clerk within
fifteen (15) days after the enactment of this ordinance by the
City Council the grantee's unqualified written acceptance thereof
as a condition to enjoying the rights and privileges hereunder.
PASSED BY THE CITY COUNCIL, signed and approved this /5
day of ; , 1979.
1 11 1
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Mayor
ATTEST:
AP* V"
City Cierk
ACCEPTANCE OF FRANCHISE
Burlington Northern, Inc., a Delaware corporation, does hereby
accept, without qualification, the franchise granted by Ordinance
No. .:12 , enacted by the Yakima City Council, rh7a.i ff77
entitled "AN ORDINANCE granting to Burlington Northern, a
franchise to operate and maintain a railway track on a certain
alley and across certain streets in the City of Yakima".
11/
Dated this day of , 1979.
BURLINGTON NORTHERN, INC.
By
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Section 9. The franchise heteby granted shall take effect
thirty (30) days after the date of its publication .ana, unless ,
sooner terminatea pursuant to the provisions hereof, shall be and
1 111
remain in full force and effect for a period of ten (10)
years from and after said effective date.
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Section 10. The grantee shall file with the City Clerk . within
fifteen (15) days after the enactment of this ordinance by the
City Council the grantee's unqualified written acceptance thereof
as a condition to enjoying the rights and privileges hereunder,
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• PASSED BY THE CITY COUNCIL, signed and approved this P7 /.-- ' -
day of -- 11t, : 1979.
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( Nayor •
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' . ATTEST:
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City Clerk (' .
ACCEPTANCE OF FRANCHISE
Burlington Nbrthern, Inc., a Delaware corporation, does hereby
accept, without qualification, the franchise granted by Ordinance
No. ,f2. , enacted by the Yakima City Council, f27,L,, ic, /-.; - 7, 7
entitled "AN ORDINANCE granting to Burlington Northern,'Inc, a
franchise to operate and maintain a railway track on a certain
alley and across certain streets in the City of Yakima".
0
1110 Dated this 21st day of May , 1979.
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BURLINGTON NORTHERN, INC.
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By 1.,., * 1-_, / 1.3': , ,-z •'=.-; 1, .____
( ) ( 1 !\1anager - Property Management
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