Show an ordinance granting a franchise easement and right of way over and along oer ertain public highways from helper up spring canyon to the west boundary line of f township 1 11 south of range 9 east of 0 the sau salt lake meridian and up sow belly guch from spring canyon to the north line of said township be it ordained by ano board of county commissioners of the county of carbon and state of utah section I 1 that there is hereby granted ranted to benjamin F cummings of aalt salt lake city bbate of utah here after called the grantee and to his heirs and assigns for the full term of fifty years from the date hereof a franchise easement and right of way along and over those certain public highways described as follows beginning at a point on the coun county ra road ad chih it rung runs north and south brough 3 helper half a mile north of tua inter lection section with said road of the county road running westward through helper up S spring ring canyon aid said intersection point being being in the northeast quarter 44 i section 24 township I 1 lo 10 south of 0 range 9 east of the salt lake m 1 idan Lan thence south to said intersection point pint and thence thence following up spring canyon in a westerly direction over section 24 see aton 23 and the southwest south woot quarter of section 14 the northeast quarter of sec see tion A 22 the southwest quarter of see ton 15 section 16 the nort northeast beast ter of section 17 the southwest quarter of section 8 and section 7 all in aid said township also beginning at the inter rectum of tho the highway in sow belly gulch with the said alch highway ay in spring canyon in the northern part or of section 16 aforesaid and thence running northerly through section 16 9 and the part of section 4 and the st part 0 section 5 11 to thenor the north lh boundary fine tine of said for the tho purpose vu wool of constructing and operating a ral railroad Troad for the transportation of pas mengert and freight upon too trie following terms condition conditions and re restrictions sec 2 the said id easement and right bof of way shall bd twenty fet feet in width along the outer aide side or line of the 9 said 11 highway hw together with such additional dal dit Is ional space p co ai as may be required for switches witt 1 ee aide track r eke rou round n d houses and depot bu buildings adl where it is necessary nece to 0 o crosa cross from onn one aide side to the other side of said highway on account of physical condition conditions the right of ao so crossing la is granted Kran tod but tho the highway must bo be put putt in good condition and it good plank crossing provided and maintained over vie track trick of said railroad at each cross ing ill L sec 3 the grantee nay ray r ay remove earth from the said kublic highway for the sole purpose 0 of constructing the krade grade of the railroad to be constructed upon the express condition however that the removal of said earth hall shall not injure the traveled part of said high v way yr sec 4 the grantee may change the roadway or traveled part parl t of said highway ity where TV here on account of ph physical conditions dit ions it becomes necessary so to do but wherever any such change ti is made a new roadway must be constructed equally le tally as good as the theone one removed ec 5 the grantee must within thirty days after the passage of this ordinance accept in writing the franchise therein granted and the terms and conditions thereof sec 6 the grantee must organize a corporation under the railroad laws of this state for the construction and op aeration of said railroad so that the s me I 1 will become a common carrier and be I 1 sub subject j act to the laws of this state regu lating common carriers I 1 sec 7 within six months after the passage of this ordinance the grantee or his assign assigns shall begin legin actual construction st truc tion work upon sald railroad and shall fully complete tho same within three year years of the date of this franchise sec 8 at the expiration of three years from tho the date of this franchise the grantee or his assigns shall make a i written report to this board accompanied by a map showing the an con ut truc ruction tion of the railroad under this franchise andia and if at nuch time a railroad shall not have been constructed along the entire length of the entire right of way heroin herein granted then said franchise shall be void as to such part of said ra right ht of way as a railroad shall not havsteen have hav eteen been constructed upon bit b it shall stand as to the railroad constructed sec see 9 the said easement includes the richt to erect poles along and over the right of way granted grant d and nil to string thereon for the purpose of transmitting mitt ln messages by telephone and telegraph gra p S sec e 1 10 0 the kind of power to be used on said railroad after it is completed may be either steam or electricity I 1 but pending completion animal power may be u used avd sec 11 on or before march 1 I 1910 a sid id grantee shall cause to be filed with the county clerk of carbon county a map showing the location of said sald railroad and all crossing of if baid id railroad over the highways set forth in section 1 of ahm ordinance the hline of said map and its approval by the county commissioners shall operate as a final confirmation of the franchise granted by this ord nance sec 12 said grantee and his heirs and assigns by b accepting the franchise conferred by this ordinance assume all liabilities for suits and damages that may arise in consequence of the granting thereof pax ed this day of november aw W B it MCDONALD I 1 C K D J THOMAS thohas county commissioners state of utah county of carbon sa as I 1 gwilym jones county clark clerk of carbon b 04 county state of utah do hereby certify that the foregoing is a ania and correct copy of the original franchise passed by the board of county commissioners of carbon county stat staton of utah and now on file in the county clerks office of carbon county state of utah in witness whereof I 1 hereby subscribe mv name and affixed the official seal of carbon county on the day of december 1909 GWILYM JONES SEAL county clerk first pub jan 14 last pub jan 28 |