HomeMy WebLinkAboutOrd 0534 - Ord 0534 - Railroad Crossing Franchise on South 180th Street and Southcenter Parkway with Mutliple Railway Companies Vol 321 FACE 140 6634213
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CITY OF T
WASHINGTON
ORDINANCE NO. 534 An Ordinance granting a franchise to the
Chicago, Milwaukee, St Paul and Pacific
Railroad Company, a Wisconsin Corporation,
and the Oregon- Washington Railroad
Navigation Company, an Oregon Corporation
and its Lessee The Union Pacific Railroad
Company, a Utah Corporation, for Railroad
crossings of South 180th Street and South
center Parkway in the City of Tukwila.
THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN
as follows:
SECTION 1. Ordinance No..27- 2 7is hereby repealed.
SECTION 2. That there be and is hereby granted to Chicago,
Milwaukee, St Paul and Pacific Railroad Company, a Wisconsin
Corporation, and the Oregon Washington Railroad Navigation
Company, an Oregon Corporation and its Lessee the Union
Pacific Railroad Company, a Utah Corporation and their success-
ors, grantees and assigns the right, privilege, authority and
franchise to lay down, construct, operate, maintain, alter,
replace and repair single railroad lead tracks across South
180th Street and Southcenter Parkway as described on Exhibit
it
"A attached hereto and incorporated herein by reference.
SECTION 3. This franchise shall be for a period of fifty
(50) years with an option to renew, subject to such limitations
as are by law now or may hereafter be provided.
SECTION 4. This franchise is granted upon the express
condition that it shall not be deemed or held to be an exclusive
franchise and shall not in any manner prevent the City of Tukwila
from granting other or further franchises in, along, over, through,
across or under any of said roads, streets, avenues, boulevards,
4'i E,' EO BY ND 11-417
von PACE
alleys, drives and other public lands and places, and
in no wise prevent or prohibit City of Tukwila using
any of said roads, streets, or effect its jurisdiction
over them or any part of them, with full power to make all
necessary changes, relocations, repairs, maintenance of
same as they may deem fit.
VI SECTION 5. This Ordinance shall be void, if the
4 Grantee shall not within a reasonable time from the adoption
of this Ordinance file its acceptance of the same with the
Clerk of the City of Tukwila.
SECTION 6. All construction and installation work
shall be in accordance with all applicable federal, state,
and Tukwila rules, regulations, ordinances and statutes
now or hereinafter in force and shall be under the super-
vision and inspection of the City Engineer.
SECTION 7. All construction and installations shall
be constructed and maintained as to interfere as little as
practicable with the free and safe passage of traffic and
the free and safe use of adjoining property.
SECTION 8. The grantee, its successors and assigns
do hereby agree to repair any damage to City roads or
right -of -way over which it holds a franchise, and all
other City improvements or utilities caused by the failure
of grantee's work during the life of this franchise.
SECTION 9. Should the grade of a road, street, avenue,
boulevard, alley, drive or public place in which Grantee's
installations may be constructed and maintained, be altered
or changed by Ordinance of the City Council, the Grantee,
upon written notice by the City, its representatives or
agents, shall within a reasonable time raise, lower, change
2.,
von 321 PAGE 142
or reconstruct its installations located thereunder to conform
to any such change in grade without cost or expense to the City.
SECTION 10. The said grantee, its successors and assigns
shall indemnify and hold harmless the City of Tukwila against
all damages, that may result by reason of the construction,
operation and maintenance of said railroad crossings and the
said grantee, its successors and assigns shall pay all damages
Zed
for which it, they or the City of Tukwila shall be held liable
resulting to any person or persons, association or corporation
by reason of the construction, operation and maintenance of
said railroad crossings; provided, however, that in case any
claim is filed with the City of Tukwila or any suit or action
is instituted against said City by reason of any such damage
or injury, the Council shall cause written notice thereof to
be given said grantee and the said grantee shall defend any
such suit or action and satisfy any judgment awarded therein.
SECTION 11. The moving of railroad cars shall be at
reasonable hours and in such a manner as -to cause the least
interference with vehicular traffic...
SECTION 12. The grantee agrees to keep its rights -of-
way within the City, reasonably clear of brush, weeds,
blackberry vines and other vegetation.
SECTION 13. For the purpose of compelling compliance
by the grantee with the terms of this franchise and the
maintenance of said crossings in good condition a failure to
comply with any of the provisions or conditions herein within
sixty (60) days after notice to do so, served by order of
the City upon the grantee, shall authorize the City to declare
by Ordinance an immediate forfeiture of the franchise and
the City may in such case declare such forfeiture in the manner
provided by law.
3.
VOL .j11 PACE 143
SECTION 14. The grantee will comply with and is subject
to all applicable City ordinances and state and federal laws
and reasonable rules and regulations of the City now or hereafter
in force. The grantee agrees prior to allowing any crossings to
file a petition for crossings with State of Washington pur-
suant to RCW 81.53.
SECTION 15. Cost of publication incident to granting of this
franchise shall be borne by the grantee.
Introduced the jgd day of 22o u e wj e 1968.
Passed by the City Council of the City of Tukwila on the
QQ_ day of _D C e yy, 1 e t— 1968.
Signed by me on this Sn day of Dea el J e Y--, 1968.
'11 Mayor of the City of Tukwila
Approved as to form:
i M <Lee, /v 0-4
City'Clerk' City Attorney
We, the undersigned, hereby accept all the rights and privileges
of the above granted franchise subject to all the terms, conditions,
stipulations and obligations contained therein.
Chicago, Milwaukee, St Paul and
Pacifi ailroa Company
BY e
24-1/1,2,-
PRESTDEW
The on- Washington Railroad
Na e4 5 .4 41,n— e!ompany J
,3e
B
lab Presid
Un acifl,s Rd Company
IMP Y•
Presid
4.
VOL 321 144
PAGE
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EXHIBIT "A1
CROSSING ON SOUTHCENTER PARTWAY AT MINKLER BOULEVARD
The North 54.0 feet in width of that portion of the Southeast of the Southwest
of Section 26, Township 23 North, Range 4 East, W.M., lying within Southcenter
Parkway (formerly 57th Avenue South) as established 72.0 feet in width.
Situated in the City of Tukwila, County of King, State of Washington.
N CROSSING OF SOUTH 180th IN RIVERS BEAD AREA
5 That portion of Government Lot 1, Seetion 35, Township 23 North, Range 4 East, W. ICI.,
in King County, Washington, lying within a strip of land 54 feet in width having 27
feet of said width on each side of the following described centerline:
Beginning at the N. E. corner of said Section 35; thence N'87044 W along the
north line of said Section 35 a distance of 1!66.47 feet; thence S 01 W a
distance of 1,124.63; thence along a curve to the left having a radius of 359.27
feet, an are distance of 109.38 feet through a central angle of T7 to the
northerly line of the newly established right— of—way for South 180th Street under
L.I.D. no 13, City of Tukwila Ordinance No. 503, and the true point of beginning;
thence continuing along said curve to the left having a radius of 359.27 feet, an
arc distance of 13;68 feet through a central angle of 02 °10 thence S 17
E a distance of 32.96 feet; thence along a curve to the left having a radius of
359.27 feet, an arc distance of 65 feet more or less to the south line of said
newly established right—of—way for South 180th Street and the terminus of this
centerline.
CROSSING OF SOUTH 180th AT INTERSECTION OF ANDOVER PARK WEST
"A 20 ft. wide strip of land having 10 feet of such width on either side of the
following describer centerline, said strip being a portion of South 180th Street
in the City of Tukwila, County of King, State of Washington:
Commencing at the intersection of the northerly line of South 180th Street and
the centerline of Andover Park West; thence easterly 363 feet along said northerly
line to the true point of beginning of said centerline; thence southerly, paralled
to said Andover Park West, to the southerly line of South 180th Street."
i
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Filed for RecorPI 2/ 19 7a /II .m
ilequest ofeee ety t .ey42./
EDNA RD J. LOGAN, RecorcJer