| OCR Text |
Show ms Saturday, June 29, 1912. CRDETANCS. An ordinance Granting A Fran to IX J. Costly, His Successors, Lessees and As- signs, tor the Construction and operation of .a railroad within Cache County, State Of Utah. . die v-0 I I ' - - r The Board of County sionere of the County of Cache, in the State of Utah, ordain as Commia-- ! follow: ' v . Section L That there be and J. hereby is granted to his successors, lessess and assigns, a franchise to construct and operate a continuous line of radlroad, by electricity or motor power, together with all switches, spurs, and pole lines convenient in the or necessary construction or operation, thereof, for the transporation of pas. sengers, freight, express or mail matters, over-- and elong the public highways and roads of Cache County, more particularly hereinafter described, outside of the limits of incorporated towns and cities thereof. The said company shall have the right to erect a line" of poles to support telegraph, trolley or transmission wires, along such highways and roads within Cache County, . for the purpose of operating said road.. Thejcertain highways to beji-fecte-d by this franchise .are as I. - it Go-iightl- y, sdde-track- s, . follow: ' , South of Logan, Cache County, Utah, along and over the Logan-Providence - County . Road . (said road being 1,001 chain ide) beginning at a point in the center of the. south end of Logan East Bridge and running thence south 6 degrees 30 minutes east 2.77 chains; thence south 20 degrees east 2 chains; thence south 12 degree 30 minutes west 2.48 chains to top of bench; thence south 18 degrees west 6.67 chains; thence south 2 degrees 30 minutes west; 6.59 chains to the center of Field south 88 degrees street;-thenc15 minutes 'east 25.92 chains; thence south 30;' minutes;' west t1.70 chains to the north end of street in Providence. Thence bn the road from Prov idence to Millville as follows. Beginning at a point in street ' between Providence City and Field said point being south 88 degrees 15 minutes east 48.12 chains of a point south 1 degree west 14.75 chains of a point south 16 degrees, 15 minutes east 3.40 .chains of a point of intersection of Logan, Paradise, Logan and Wellsville County Roads, thence south 1 degree 45 minute west 116 chains to center of street in Millville; thence north 88 degrees 15 minutes west 5 chains to a point on east ; side of Hammonds mill race"; thence south 63 degrees 15 minutes west 8.15 chains ; thence south 84 degrees 13 minutes west 1.60 chains to east bank of Blacksmith Fork River; thence south 84 degrees west 4.60 . chains ; ;1 15 minutes thence south 66 degrees 36 minu-- tes west 8.55 chains; thence south 32 degrees west 3.60 chains ; thence south 1 degree 45 minutes west 8.50 chains to a point in Center of College County Road; thence south 1 degree 45 minutes -- - , 15 minutes west 113.03 'chains; thence north 87 degrees 50 minutes west 20 chains to a point 3.70 chains south of comer-tsections 1 and 6,. township .ilO, north of range 1 east and 1 west; thence north 87 degrees 50 minutes west 8.12 chains; thence north 85 degrees 30 minutes west ' 36.43 chains; thence north 72 degrees west 14 chains; thence north 62 degrees west 15 chains ; thence north 37 degrees 45 minutes west 11.33 chains; thence 'north 25 degrees 5 minutes west 2.60 chains; thence north .8.50 chains; thence north 88 degrees 15 minutes west 6.78 chains to intersection with Logan, Wellsville County Road, thence north 88 degrees 15 minutes west ' 35.25 ehains ; thence north 65 degrees 50 minutes west 5.65 chains; thence south 47 degrees 15 minutes west 3 chains to Little Bear River; thence south o venience to the traveling public, and ample provisions : shall be made for the free and unobstructed flow of all water courses, which now exist, of water, and all boxes and- culverts which may be required. shall constructed and maintained in good condition by the said grantee, his successors, lessees and assigns. The track, switches, and spurs shall be laid and maintained on the grade agreed upon by the Board of County Commissionero, and good and substantial' crossings shall be made and maintained by the grantee, his successors. lessees and assigns, at the intersection of all public and private streets and alleys, highways and crossings' and at all other points 11 15mdnuteswest 47degrees and - prescribed chains; thence 15. minutes' west 16.75 chains; by the said Board of County thence north 88 degrees 15 minu- Commissioners. tes west 34 - chains connecting (b) This franchise shall not be with County road from Meridian. deemed exclusive, and nothing North of Logan , along the herein contained shall prevent the Greenville Hyde Park County said Cache County from layin g Road (said road is 1 chain, wide) gas or water mains, or altering or repairing in any manner the and- highways use I by Beginning at a point insectifti portion I he his successors, said grantee, 23, township 12 north, range 1 east at the intersection of 3rd lessees, and assigns, but all such shalL bemade,with Field street"" East-"- of d improvements little as .injury to the railroad or (State Road) county as possible, and only lines pole road with north line of corporate limits of Logan City, said place after reasonable notice, not exof beginning is located 0.50 ceeding thirty (30) days, and the his . successors, chains east and 150 chains north said grantee, lessees and assigns during the of the northeast comer of lot 6; of suri work any prosecution block 6, plat Logan Farm to the have shall, lay temright and thence north Survey running tracks if necessary. 166.50 ehains (var. NL 16 deg. 20 porary man. E.) to a point 0.75 chains "(c) Modern improvements usnorth and 0.75 chains east of the ed .in the operation of railroads northeast corner of lot 4, block 4, for the convenience, comfort and plat R Hyde Park Townsite safety of passengers and the survey; 'thence north 65 chains, employees of said railroad shall more or less, to County Road run- be adopted and used, and cars ning east and west; thence west shall be runandoperated thereto center of State Road; thence on at tegular intervals, both north on State road (said road wayrv each day during the life being 1.50 chains wide) 1 degree of this franchise, and the graneast 193.10 chains to thd north tee, its successors, lessees and side of Smathfield; thence north 4 assigns, shall at all times, both in degrees 45 minutes east' 49 chains; the construction and operation thence north 9 degrees east 36 of said railroad, be subject to chains; thence north 10 degrees and conform with all reasonable 30 minutes east 9 ehains thence rules and regulations establishnorth 13 degree east 35 chains; ed by- the Board of County Comthence north 25 degrees 45 min- missioners. utes east 28.40 chains to a point . (d) Said grantee, his succes2.75 chains east of quarter sec- sors, lessees and assigns shall County harmless tion comer between sections 10 hold Cache and 15, township 13 north, range from any damages which any 1 east; thence north 25 degrees person or corporation may suf45 minutes east 37.60 ehains to fer in the construction or operaf said railroad through the top of low ridge; thence north tion of 26. degrees 45 minutes east 55.50 fault, neglect or misconduct.' of said his successors, chains; thence north 1 degree 15 lessees grantee, and assigns. 76 minute? east chains to a point (e) The grantee herein, his 4.95 chains east of comer to sections 2, 3, 34 and 35, township l3 successors or assigns, shall cora-- n north and township 14 north of free the a i foul construction of range 1 east, thence north 1 de- said road withiu six months afgree east 216.40 ehains to south ter the passage of this ordinance, side of county road leading to and shall build, construct and opLewiston; thence north 1 degree erate seven (71 miles of raiipMd 15 minutes east 43.60 chains to a within 15 moatlis from the dole of-t- he passage of this ordinance, point on south slope of ridge; thence north 3 degrees 45 minutes and shall construct and complete east 22.60 chains; thence north annually therjaitJ- at, least i;vc g con 8 degrees 45 minutes east 14.75 toilers of railway and-ssaid construevioi thereof untichains to a point north , side of l-the entire line of railway High Creek. herein set forth, shall be completAlso on County Road from said and ed, Stato.-Roarights and privileges to Lewiston (said ii here to ed"ri3Kltbedeclared grant road is l'chain wide; forfeited by said grantor and beBeginning at a point 11. chains come null and void; unless such east of a point 20.50 ehains south railroad shall be' commenced, of the southwest comer of secand completed at the tion 14, township 14 north range constructed, in the time, manner, and within 88 degrees the l east; thence north terms above set forth; pro west 8.17 chains to videdv however, that ifHhe said center of Oregon Short Line Railgrantee, his successors, lessees way right of way; thence north and assigns shall be hindered or 88 degrees 45 minutes west 40.13 delayed in the . construction of chains to bluff overlooking Cub said railroad by conditions over 39 which Riverbottomiflheirce-nor- th granteehas no control; 5.78 15 west minutes ' degrees then the time during which the chains; thence north 85 degrees were so hindered or delayed by west 22.36 chains thence south such conditions shalLbe added to 68 degrees 45 minutes west 5.50 the time herein specified. Prochains; thence south- 75 degrees vided further that if this fran15 minutes west 5 chains; thence chise be not accepted in writing north 87 degree? 25 minutes west by said grantee within ten days 13.70 chains to the east bank of after the date of the passage of Cub River; thence north 87 de- this ordinance, then the. same grees 25 minutes west 4.55 chains shall become null and void, and to the foot of dugway. thence of no force or effect This frannorth,. 32 degrees 15 minutes west chise shall not be sold, assigned, 9.30 chains to top 'of" dugway; or transferred by mid grantee thence north 5 degrees 15 minutes without the written consent of cast. 9.35 chains to section line; the said grantor first had and obthence west 67.77 chains to the tained and any attempt so to do northwest comer of section ; 21, shall operate as a forfeiture of township 14 north, range 1 east; this grant' thence north 286.00 chains to County' reserves the State line between Utah and right to regulate and control -Idaho. the speed of' all trains, engines The said railroad to be con- and cars operated by the grantee' structed on the left hand side of his heirs or assigns upon county roads north of Logan as above roadn. That the poles for the carrying described, and on the left band trolside OrbadOoutirnLpgairy of telephone- ,- telegraph-an- d size: wiresshanTb&"of'such:; above: described. ,s ley des- material and shape and "placed above the from Excepting same at such places as indicated by the cribed route all parts e which are contained in incorpor- - Board of County Cornmnnoners. Tt is distinctly und erstood that Section 2. The 'above and fore- Cache" County shall have the all of the going grant is subject to the fol- right to use any and for county purposes ereef- poles lowing condition?: south-18-"degre- - side-track- s, y- where-necessar- es -- . chains; thence south 13 degrees 45 minutes west 2.95 chains; thence south 13 degrees 45 minu tes west 23.25 ehains ; . thence south 19 degrees west 12 chains to quarter section corner between between sections 33 and 34, town ship 11 north of range 1 east; thence south 240 chains to quart er section corner 'between sections 15 and 16, township 10 north, range 1 east; thence south, 6 degrees 30 minutes east 25 chains; thence 19 degrees west 8 chains ; thence south 51 degrees 30 minutes west 13.14 chains; thence south 22 degrees 45 minutes west 19 chains; thence 10 degrees west 35.40 chains to T- Obrays Northwest comer garden lot ; thence south 3 degrees' east 9.70 chains; thence south 5 degrees west 24.26 ehains to the northwest comer of Thomas Obrays lot; thence south 2 degrees west to Thomas Obray's southwest corner of ' lot - 3.50 chains;, thence south 15 .degrees 30 minutes east 10.46 chains to the north end of Paradise City Street, running north and south between blocks 39 and 40; thence south 46.75 chains to County Road in Paradise City - running Teast and west; thence southwest from Paradise on the; County RoadJeadingLjto Mantua and the border of Brigham City-t- o Cache County thence on road from Hyruirt to Wellsville along county road (said road is 1.50 ehains wide) and beginning at a rpoXntTonotersectioU: of the een-te- r of Third North and Fourth West Streets, Hyrum City and .running thence north 88 degrees -- - t - J- of-th- I -- 1 " F. - - 0.1-in- -- tes e of-th- PACT ST73TI K sire, the same not to interfere with the use of said poles by the . grantee (f) That said grantee herein shall execute and deliver to Cache County a good and sufficient bond in the sum of $5000.00 conditioned for the?faithful performance of the commencement and completion of said railroad, within the time and manner herein set forth; and upon the faithful performance of 'the terms of this franchise by the said .grantee said bond rhall become null and void, otherwise said bond to re main in full force and effect as security for the payment said sum of $500.00 of to said grantor by said grantee as liquidated damages for the non-co. and plianceof the terms of this franchise by said grantee. . (g) That whenever said grantor shall find it necessary" or' desirable to grant to any other railroad .company or person a franchise over any of thehighways of Cache County, the grantee herein shall --allow such other railroad company or person running arrangements across grantees tracks where the said grantees traekintersects- - withrthai ofjsaid other railroad company or perron, upon such other company or person making equitable payment for construction and main tenance and operation of the portion of said grantees traek so -- m used. ; , (3)- ' of For the construction said railroad steam power may- Logan' City, Cache County, UtAhr is the time and plac fixed by th Court for the hearing of the petition and the prayer of the peti- -, tioners. Any person Interested in the organization of said Cache Valley Irrigation District, or in the proceedings for the Issue or sale of bonds of said District in the amount of Forty Thousand ($40,-00- 0) Dollars, may, on or before the 26th day of June, 1912, being the date fixed for the hearing of said petition, demur or answer border of Cache County. In Witness Whereof, we have hereunto set our hands this 15th day of June, A, D.) 1912. f JAS. J, MEIELE, Chairman Board of County Commissioners. OLIF CRONQUIST, - Commissioner. HEBER PARKER, Commissioner. Attest: R.W. JAMES, Clerk. saidpetition. By C, W. DumteDeputy. By order of the Court. (SEAL) BW. JAMES, . Accepted this 15th day of June Clerkof the District Court of A. D., 1912. The first Judicial District of M. J, GOLIGHTLY. the State of Utah, in and for STATE OF UTAH, ) the County of Cache. ' )SS. (Seal) COUNTY OF CACHE. ) Date of first publication, June I, R. W. James, County "Clerk 4th., 1912. in and for Cache County, State NOTICE OF INTENTION of Utah, do hereby certify that TO TAX. the above and foregoing is a full, true and correct copy of an ORDINANCE G R AN TI N G A Notice is hereby given by the FRANCHISE TO M. J. Board of Commissioners of . LoHIS SUCCESSORS gan City, Utah, of the intention of LESSEES AND ASSIGNS, FOR, such Board to make the followings THE OONSTRUCTIO X AND OP-- described impro vements, : To lay and construct a Water ERATION OF A RAILROAD CACHE WITHIN COUNTY, Main, 2 inches in diameter in STATE OF U f Ail, and Amend- Water Main District No, 37, desment thereto, as tlu same appear cribed as, follows: on file and of record in my office. On First East street between InWitness Whereof I have Center,and"First ''Nortb streets," hereunto set my hand and affixed along and in front of and abut- my official seal at Logan City, ting upon Lots 2, 3, 4 and 5, Cache County, Utah, this 24th Block 16 ; also East side of Block 15, all in Plat A, Logan City D, 1912. day of June, A. -r- -(SEAL) Survey. R..W,JAMESr ' Clerk. And defray part of the cost thereof estimated at $350.00 by a NOTICE local assessment upon the lots or In the Matter of The Cache Val- pieces of ground within the district to be affected ley Irrigation District: , Notice. is hereby given that on and benefited by the said the 3rd day of June, 1912, H. C. All protests and objections to Peterson, Ephraim Bergesen, and the carrying nut of such intention : C. Directors the of George Rigby, - District must be. presented injvriting to Cache presented and filed in the Dis- the City Recorder on or before trict Court of the First Judicial the 15th day of July, 1912, at District of the State of Utah, in 5 OO oclock p. m., being the time" and for the County of Cache, a set by wild Board when it will petition of the Board or Direc- hear any such objections as maytors of Cache Valley Irrigation be made thereto. By order of the Board of City District, praying that the proof Logan City, ceedings for the issue and sale of Commissioners Utah. bonds of said District in - the Dated this 21st day of June, Amount of Forty Thousand 1912. Dollars may be examined, MAE BENSON, approved and confirmed by said City Recorder. Court. -26th That Wednesday, the day FIND the dozen personally of June, 1912, at Ten oclock, a. m., at the County Court House, in important want ads. and answer the Court Room of said Court, in them. . to-w- it - - above-describ- ed be used. (4) The rights hereby granted shall eist and inure to the benefit of the said grantee, his successors, lessees and assigns, for a period ..of. .fifty. years. (5) This ordinance shall take effect fifteen days after its passage ' and shall be published as required by law. re. The County. Commissioners serve the right to locate the particular part of the side of the roads upon which the eaid railroad shall be built 1 as herein ' I'granted. Passed by the Board of County Commissioners of Cache County, Utah; this 4th day of May, 1912. Commissioners voting in favor of said Ordinance: JAS. J. MEIKLE, Chairman Board of County ' " . -- . Valley-Irrigati- on ($40,-000.00- ) . Commissioners. OLIF CRONQUIST, Commissioner. HEBER PARKER, EXCURSIONS EAST Commissioner. Commissioners voting againrt said ordinance: None.'' Attest: R. W, JAMES, Clerk. (SEAL) Accepted this the 15th day of June, A. D., 1912. M. J. GOLIGHTLY. Memorandum of Agreement. This Memorandum of Agreement made at Logan, Utah, this 15th day of June, 1912, between of the County Commissioners Cache Countyy Utah, party of the first part, and ML J. Golightly, party of the second part, WITNBSSETIIThatfoF-ad- l in consideration of the acceptance this day by M. J. Golibgtly of the franchise 'granted him by of the County Commissioners Cache County on the 4th day ; of May, 1912, the said Board of hereby County Commiarioners agree and consent to the following amendments to the said fran- Via - -- chise 1. : , Oregon Short Line Very tow " " Rates to UnioirPadfitrRailroads DENVER OMAHA KANSAS CITY ST LOUIS CHICAGO !STr PAUL MINNEAPOLIS and many other points v . - May 18, 25, 31. June 1, 5, 8, 12, 15, 20, 22, 29. July 3, 12, 20. August dr 2ri0,"23,31September 4, and 5. : - Limit, October 31, 1912. . . i. - - tine Agent rates and further particulars, for or write D. El BurleyrOen, P33-Agt- . Salt take City, Utah. See any Oregon Short , That the following clause be insert edirrthe Baidfranehiset and become a part thereof: In case the said grantee, his sueces-sor- s or assigns, shall, within the time above t forth meaning and the time for completion of the railroad as mentioned in the franchise) con struct and operate a railroad County from through Cache north to south on private right of way or partly on private right of way and partly on the county highways as in" said franchise set forth, then such- construction and operation shall be deemed a full compliance with the terms of this franchise so far as the building and constructing of said railroad . are concerned. , That the claure in subdivision (e) page six of said franchise relating to the Celling, assigning .and transferring of the franchise - granted without first securing the written consent of be stricken out-fro- j -- COLLECTED MB PEBSOHAL DtJCBIES We collected the above sum for clients named below. Ike mounts opposite each name show how much each one received S17.013.35 . -- - - - the-grant- or m th esaid "franchise! - ; 3." That the description of the route in said franchise on page two. thereofbe amended as fol- after the Commencing on line Zi on.! fhe word last said page and reading as follows: thence south from Par- lows: wert' -- -- Felix Farrar, Park City$ Gus Kangas, Park City. . Mrs. Nellie Moore, S. L. C. Domifi i ckTerror,- - Mercur Gus Gustafson, Eureka. . Werner Holms, Eureka.. Frank Arima, administrator 300.00 3Q0.00 400.00 7 00.00 750.00 750.00 estate Sukeshiri Kitani, Japan ............... 900.00 Fred Synhorst, La Grande 1.500.00 Oregon Mrs. W, R. Gibson, widow, 2,000.00 Sterling, Colo. Wm. Cole, Folsom, N. M- 2,200.00 Mrs. Charlotte Cowell, - widow. Merchants Protective Association Scientific Collections of Honest Debt3, Rooms Ccsiserdal E3k,CaltL8ke-City:--Utanl- h Francis G. Luke, Gen Mgr. Some People Don tike Us.. t J I e Logan-Smithfiel- - LQ3A2T, UTA the County Road 16 (a) Said railroad shall be con- ed by the grantees herein, their adise onthence south front Avon Avon; heins or the for in and structed such, assigns purpose operated manner as to' present the least of placing., thereon suph wires on the' County road leading to possible obstruction, and incon- for such purposes s it may de- Liberty in' Weber county to the " 28 degrees 10 minutes east 28.90 JemAl T2I-T7T.n- L . i |
