| Show an ordinance granting a franchise easement and right of way over and along certain public highways from helper heper to spring canyon to tta tn west boundary line of township 13 south of range 3 east of the salt lake meridian and up sow belly gulch from 1 spring pring canyon to the north line of said township be it ordained by the board of clinty commissioners of the county of car bon and state of U utah tab section 1 that there Is anby prated grated to benjamin P F cummings ef c bait balt lake luy lity state of utah here after called efte the grantee and to his hela hels hel a s and assigns for the fall term of 0 efty aty years from fhe the dale date hereof a franchise easement and right of wy along and 0 overt ver hoso those certain public highway highways described aa as follows beginning at a point on the county road h runs north and south through helper half a mile north of the intersection with said road of the county road running westward through helper u up LS spring ring tanyon canyon said intersection point pint t being eing in the northeast quarter of section 21 township 13 south of range 9 east of the salt lake meridian thence south to said intersection point and thence following up spring canyon in a westerly direction over section 21 24 section 23 and the southwest quarter of section 14 the northeast quarter of section 22 the southwest quarter of beeton seeton 15 section 16 the northeast quarter of section 17 the southwest cat quarter of section 8 and section 7 all in said township also beginning at the intersection section of tha the highway highway in sow B belly e 1 gulch kutch with the said big highway way in arsee spring r 1 n ly canyon in the northern part of section 16 aforesaid and thence running not northerly atherly through section 16 9 and the southwest part of section 4 and the northeast part of section 5 to the north bu boundary line of said township for the purpose of constructing and operating a railroad for the transportation of passengers conditions an and freight upon the following terms conditions and restrictions sec see 2 the said easement and right of way shall be twenty feet in plath along the outer side or line of the said highway together with such ad diina space aa a may be for switches side tracks tricks round homes houses and depot buildings where it la is necessary 7 to cro ra from one side to the other side of eald said hichwa on account cf of physical conditions the of so creasing crossing is granted but the highway must be put I 1 in good condition and a acid cd plank crossings crossing provided and i over the track of said railroad it each teach cross ling ing sec see 3 tho the granter grantee siy naly remove earth from the eald public highway for the sole purpose of constructing inz the of the railroad to be constructed upon the express condition holew im up wow that the removal of said id earth shall not injure the tr sd part of md sald bagh way wy sec 4 the may charge chargi th the e roadway or traveled part of said bi high h ny my where whore on account of physical candit conditions dit fona ions it becomes rece seary so to do but wherever revor any uch such change is taide a new now roadway must bu be constructed equally bevc u lily as good as the oni on i removed sec the grantee must within thirty day after the passage pae eaf of thia this ordinance dirance or accept in writing the fran alae onse ahn granted and the tome and condition conditions sec seea 6 the grantee must argan hiss corporation under the railroad law laws of this stats tat for the construction and operation of ald said railroad eo so that the sam aade w will become a common earner camer and be subject to the taws laws of ihie this state regu lating co compion carrien carriers 1 sec 7 alx six montha months after the passage of at thia this ordinance the grantee or hie ble assigns hall shall been actual construction st truc tion work upon aid said railroad and hail shall fully compile complete the same within three year years of the dato date of this fran calse vec lec 8 at the expiration of three yeara years from the date of thia this franchise the grantee cr cr or hie his assigns hall shall make a written report to this board accompanied by a map showing the con truc tion cf the railroad under thi this franch franchise and I 1 V at ucb such time a railroad isai hall not have been constructed along the entire length of the entire right of way herein granted ranted then aid said franchise shall ba void as a to uch such part of lt cald said right of way as a railroad hall shall not have been constructed upon but ball shall land stand aa as to the rial railroad road actually constructed sec 9 the said aid easement inclan the right to erect pole poles along long and over the right of way franu granted and to string wira wires thereon for the purpose of transmitting message mea sages by telephone and stud telegraph sec 19 10 the kind of power to be used on ald said railroad after it la Is can dieted maybe may be either team steam or electricity aty but pending completion animal power may be mi sec 11 on at 01 before march 1 sold rantee shall cauce clause to be filed aled with the county clerk of f carbon count county ft map showing the location of said ald r rail lit road and all crossings cro ninga of aid said railroad over th the hiah highway ways set et forth in section I 1 of thie ordinance via filing of aid said map and ita its approval by the county commissioners hall shall operate aa as a final confirmation of the franchise granted by thie this ord nance see 12 said grantee an nd his hotes and assigns it by accepting the franchise conferred by tile this ordinance assume all liabilities for suits and damages that may arise in consequence of the grant inv thereof pasted this day of november 1909 B ft MC mcdonald DONALt C K X JENSEN U D J taomas county commissioners Commissio 1 nors stat of utah county of carbon ss tik 1 G lilym jones county clerk of carbon county state of utah do hereby certify that the foregoing ie in a true and arid correct of the oris original franchise passed by cne a board of county commissioners of carbon county state of utah and now on flie file in the county clerks office of carbon county state ol 01 utah in witness whereof I 1 hereby subscribe mv name and affixed the official seal of carbon county on the day of december 1909 JONES SEAL county clerk clark first pa pub jan 14 last pub jan 28 |
