Chapter 11.15
RAILROAD – NORTHERN PACIFIC
Sections:
11.15.040 Right granted.
11.15.080 Claims and damages.
11.15.120 Interference with traffic.
11.15.160 Grade of rails at intersection.
11.15.200 Not an exclusive franchise.
11.15.240 Acceptance by Northern Pacific.
11.15.040 Right granted.
The Northern Pacific Railway Company, a Wisconsin corporation, its successors and assigns, be and hereby is granted the right, privilege and authority to locate, lay down, construct, maintain and operate a standard gauge railroad spur track in, upon and along a portion of the alley in Block 22 of Depot Addition to the city of Ellensburg and in, upon and across Third and Fourth Streets in the city of Ellensburg, the location of the centerline of the spur track being described as follows:
Commencing at a point in the centerline of the existing railroad spur track located in the alley in Block 22 of Depot Addition to the city of Ellensburg, which point is located approximately 105 feet south, measured along said existing tract centerline, from the south line of Third Street; thence northerly along a No. 9 railroad turnout to the right a distance of 98.3 feet to a point of tangent; thence northerly along said tangent a distance of 60 feet to a point of curve; thence northerly on a curve to the right; radius 573.69 feet, a distance of 125 feet to a point of compound curve; thence continuing along a curve to the right, radius 337.29 feet, a distance of 190.5 feet to a point of tangent; thence north in a straight line a distance of 175.8 feet to the end of this centerline description. [Ord. 2647 § 1, 1966.]
11.15.080 Claims and damages.
The Northern Pacific Railway Company, its successors and assigns, shall hold the city of Ellensburg harmless from and against all claims for damages which may result by reason of the construction and operation of the spur track. The Northern Pacific Railway Company shall assume all liability for damages to property owned, or otherwise controlled, by the city, resulting from construction, maintenance or operation of said spur line or any equipment owned or controlled by the Northern Pacific Railway Company or its agents, successors or assigns. [Ord. 2647 § 2, 1966.]
11.15.120 Interference with traffic.
In laying down, constructing, maintaining and operating the spur track, the same shall be laid down, constructed, maintained and operated as to not unnecessarily interfere with public travel on the streets. [Ord. 2647 § 3, 1966.]
11.15.160 Grade of rails at intersection.
The Northern Pacific Railway Company, its successors and assigns shall construct and maintain the spur track so that the top of the rails thereof shall be at the official grade of the traveled portion of the alley and streets as now existing or as may hereafter be established. The Railway Company shall install a second rail on edge to form a wheel flange pocket and an edge for paving between the tracks. The paving between the tracks and the transition from road surface to top of rails shall be accomplished by the city at the railroad's expense. [Ord. 2647 § 4, 1966.]
11.15.200 Not an exclusive franchise.
Nothing herein contained shall be construed as granting an exclusive franchise nor restricting the right of the public to the use of the alley and streets nor limiting the jurisdiction of the city of Ellensburg over said alley and streets for the repair and improvement of same or for any other purpose authorized by law. [Ord. 2647 § 5, 1966.]
11.15.240 Acceptance by Northern Pacific.
The Northern Pacific Railway Company shall, within 60 days from and after the passage of the ordinance codified in this chapter, file with the city clerk of the city of Ellensburg its written acceptance of the ordinance codified in this chapter, subject to all the terms and conditions herein set forth. [Ord. 2647 § 6, 1966.]