HomeMy WebLinkAboutORD 2398 . ,. • ' ' • . , .
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ORDINANCE NO. �3 � � �1GIN.At_,
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AN QRDINANCE OF TiiE CITY OF RENTON, �TASHINGTON,
GRANTING TO PACTFIC COAST R. �t. CO. A. FRI�fN'CHISE
FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION
OF ITS NORTH RENTON MAIN LINE TRPiCK IN, UPON .AND
ALONG HOUSER �AY, AND FIXING THE LOCATION, TERMS
AND CONDITIONS OF SUCH FRANCHISE
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
RENTUN', �ASHINGTON, AS FOLLfl3n1S:
Section 1: The Cit of Renton hereby gives and grants unto
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the Pacific Caast R. R. Co. the right, privilege and franchise, for
a period of o�� years from and after the day of acceptance by
the Company of this Ordinance, the franchise, right, privilege and
authority to construct� maintain and operate its North Renton main
line track upon and across Houser �ay, as platted and shown in
Car �7ork' s Addition to Renton and as hereinafter more particularly
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described as follows:
A strip of land 17 feet wide across Houser �ay in the
City of Renton, King County, �ashington, said strip
being 8.5 feet wide on each side of the hereinafter
described centerline of the North i2enton north Ieg
of wye track of the Pacific Coast R. R. Co. , said
strip extending no�thwesterly and southeasterly
across said street. ,
The centerline of said track being more particularly
described as follows:
Commencing at the center of Section 8, Township 23 ` I
North, Range 5 E.�n7.i�i. ; thence north 89°28` 1.9" west I
12.0 £eet to the centerline of said track and the
beginning of tha.s description; thence south 00°59' 15"
west 918. 37 feet; thence southeasterly along a curve
of 1158.28 feet radius 597. 38 feet; thence south
� 28°33'45" east 232.75 feet; thence south 31°39'45"
east 32.68 feet; thence southeasterly along a curve
of 364.0 feet radius to the east line of Houser �►1ay
and the end of this description.
Section 2; Grantee shall at all times maintain said track to
the same grade of Houser 3�ay abutting and Grantee, its successors and
assigns, may use said track for the operation of cars and trains
thereon with diesel electric and other proper power, PROVIDED HOW-
EVER that the Grantee herein, its successors or assigns sha�l not use
said track for any storage purposes whatever.
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Section 3: Grantee, its successors and assigns, agrees to
comply with a�i the terms, conditions and provi5ions of the ordinances
of the City of Renton now existing or hereafter enacted, and all other
' laws and statutes by any other governmental agency having jurisdiction
hereover. Grantee further agrees to pave and continuously maintain
the full width of said right-of-way with the same materials and in
the same manner and type of construction and condition o€ repair
and maintenance as the adjoining portion of Houser 3a7ay is or shall
be paved. All such original or subsequent paving or improvement of
said right-of-way and the maintenance thereof shall be done at the
sole cost and expense of Grantee; all such improvements shall be
done under the supervision and control of the City Engineer or his
duly authorized representative.
Section 4: The City of Renton hereby reserves unto itself,
its successors and assigns, the right to install and carry all
public utility facilities underneath or above the track and the
- d th it reserves unto itself
right of-way hereby authorized an e C y
the full and complete right of access to any space occupied by ,
said track and to all of said franchise right of way within the
limits of Houser �7ay, together with the right to open and excavate
the ground beneath said track or within said franchise right of way,
for all purposes of construction, maintenance, repair, operation
and inspection of any public utilities, which rights, however, i
shall be exercised in such manner as not to interfere with the . I
safe operation of railroad equipment on said track. In all cases
involving a possibility of such interference or of the removal of
any lateral support or excavation beneath the track of the Grantee,
at least 15 days written notice shall be given to Grantee, and I
said Grantee shall, at its sole cost and expense, furnish an
authorized agent or representative who shal� supervise such removal
or excavation or other work; provided, however, that in the case of
any ernergency repairs the length o� such notice shall be not less
than twelve (12) hours. The Gity further reserves unto itself the
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right, under its police powers, to make such other or further regula-
tions as may fram time to time be deemed necessary to protect the
interest, safety, welfare and accommoc�ation of the public in general
in relata.on to said franchise herein granted, not inconsistent with
the provisions of this Ordinance. The foregoing includes the City' s
right to regulate and control the running or switching of raiZroad
cars over said crossing to certain hours and times whenever it is
definitely determined that traffic conditions, vehicular and
pedestrian, on said Houser Way have reached a state of congestion
which would reasonably require the traveling public to reasonabl.e
relief in traversing such crossing without unnecessary delay. The
City shall, however, give written notice of not less than ten days
unto Grantee o£ its intention to so impose any reasonable rules and
regulations in the control of such crossing.
Section 5: If the Grantee shall at any time fail to promptly
and fuizy conform and compZy with any duty or obligation herein
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imposed, then the City of Renton may, at its option, proceed to
perform and execute the same and cause same to be performed and
executed, a�.1. at the sole cost and expense of Grantee and Grantee
sha11 immediately become and remain liable to the City for any and '
all loss, expense, cost of damage of whatsoever sort. Ten days
written notice of such failure and of the things required to be
done shall first be given unto the Grantee and such notice shal.I
be directed to its principal. office at Seattl.e, King County,
�ashington, unless otherwise instructed in writing by Grantee.
Section 6: Grantee shall use the track herein autho�ized
for the sole purpose of moving or switching of railroad cars and
engines and shall not store any cars about said track at any time.
5ection 7: Grantee further agrees to indemnify and hold the
City of Renton harmless from and against any and all damages, claims,
demands or liability for injury to person or property arising or
growing out of the construction, maintenance, use or aperation of
said track or right-of-way; that in the event suit or claim shal.l
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be filed against the City of Renton, either independently or jointly
with the Grantee and/or other parties, to recover for any such claim
or damage, Grantee upon notice to it by the City of Renton, shaZ1
immediateiy defend the City of Renton against any such action and
hold it harmless f�om any cost in connection therewith.
Section 8: This franchise herein granted is rnade upon the
express condition that Grantee, within forty-five (45) days after
the adoption of this Ordinance, shall file with the Clerk of the
City of Renton its written acceptance thereof.
Section 9: This Ordinance shall be in fuI.l force and effect
after its passage, approval 'and legal publication. Ali cost of
such publication shall be borne by the Grantee. herein.
PASSED BY THE CITY COUNCIL this 6th day o�, May , I
1968. . � �
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Helmie Ne�.son, City Cl.�rk
APPROVED BY THE MAYOR this 6th day of ��� ,
1968. �
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/ t�onald �1: Custer, ✓r�Iaydr
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Approved to form: � -
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Gerard M. 5he17.an, City Attorney
II�TE OF PUBLICATION AS A PROPOS&D ORDINANCFs: March 20, 1968 �
Date of Publicatiori: afte.- Adoption: Maq 8, 1968 '
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ACGEPTANCE OF ORDINANCE
PAC�FIC C�AST R. R. CO. , a Washington corporation, hereby
accepts the benefits of Ordinance No. 2398, passed by the City ,
Council of the City of Renton, Washington, May 6, 1968, entitl.ed:
� "AN ORDTNANCE �F THE CITY 4F RENTON, �TASHINGT4N,
GR.ANT=NG TO PACIFIC C4AST R. R. CO. A FRANCHISE
FOR THE ESTABLISHMENT, MAINTENANCE AND OP�RATION
OF TTS NORTH RENTON NIAIN LINE TRAGK IN, UPON AND
ALONG HOUSER WAY, AND FIXING THE LOGATION, TERMS
AND CONDITTONS OF SUCH� FRANCHISE" ..
and all the rights, privileges and authorities in said Ordinance
conferred, subject to all the conditions, restrictions, obligations
and requirements in said Ordinance expressed. This acceptance is
made and filed by the undersigned President o� Pacific Coast R. R.
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Co. , for the pu�pose of claiming the benefits of said Ordinance
and of acquiring the rights, privileges and autharities thereby
granted, pursuant to the authority granted by Resol.ution o� the
Bnard of Directars of Pacific Coast R. R. Co. , dated May �,,
1968, a true and correct certi�ied copy of which said Resalution
is annexed hereto.
PACZFIC COI�,ST R. R. CO.
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B y _r�'
President
STATE OF WASHINGTON )
County of K i n g } ss.
On this �..3�day of May, 1968, before me, a Notary Public
in and for the State of �ashington, persanally appeared Cla�k A.
� Eekart, to me I�nown to be the President of Pacific Coast R. R. Co. ,
the corporation that executed the within and £oregoing instrument,
and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes therein
mentioned, and on aath stated that he was authorized to execute said
instrument, and that the sea1. affixed is the corporate seal of saa.d
corporation.
zN �ITNESS �iE�iEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
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� ��,�".�.�� ��� n C�—,..���,
Natary Publ.ic in and�for th1� S�ate of
�Tashington, residing at Seattle.
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RESOLUTION UF ACC�PTANCE OF ORD�NANGE
No. 2398 BY P�CIFIG COAST R. R. CO.
I, �2. PAUL TJOaSEi�I, Secretary of Pacific Coast �. R. Co. ,
a �ashington corporation, DO HER�BY CERTIFY that at a meeting of
the Baard of Directors of said Railroad Company, dul.y calied and
held at the office of said Board in the City of SeattZe, �ashington,
on the � � day of ��ay, 1968, at which meeting a quorum of said
, Board was present and voted, the following resoiution was unanimously
adopted:
"RE80LVED That Pacific Coast R. R. Co. , a corpo-
ration, Grantee, does hereby accept the benefits
o£, and the rights, privileges and authorities
granted by a certain �rdinance No. 2398 af the
City of Renton, �iing County, Washington, entitled
as �ollaws: 'AN ORDINANCE E}F THE CITY OF RENTONI
�'ASIiINGTON, GRANi^ING TO PACIFIC COAST i2. 12. CO.
A Ft�tP.NCtiISE FOR THE ESTABLISHMENT, MAINTENANGE
AL�TD OPERATION OF ITS NOl2TH 1�2ENTON MAIN LINE '3'RACK
IN, UPON AND ALaNG HOUSER �TAY, AND FZXING TH�
LOCATION, TERMS AND CONDITION3 OF SUCH FRANCHISE`
and that the President be and he is hereby author-
ized and directed to execute an acceptance of said
ordinance and to file the same with the City of
, Renton."
AND I FURTH�R CEt2TIFY that �he above is a fulz, true and
compared. copy of said resolution as the same appears in the reCord
books o� said corporation in my custody as Secretary thereof.
SN '�''ITN�SS 'WHEREOF, T have hereunto set my hand at Seattie,
3�iashington, this /.� � day of �'�ay, A. D. Z968.
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Secret`ary ofc �acx �.c Coast R. R. Co. '
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