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AN ORDINANCF. rnntinc to Burltn tonNorthe rn, Tn c . its successorsand nssiims. t h e r1 ght, pr1 vilegeand nuthority to locate, l ny down. ·construct, mai ntain and operatea standard Qa u e rn l lroad track inal o ng, over and act·oss \fest nravusStreet and a righ t-of-way rromsuch tra ckA and sune rseclin Ordinance 1 '1r85.), '2-- J'rf,4 t &. - .,., ,.,.,.,r'.".'li'!"''
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,. .,RBA:ldor4/rha2.s-s:.:s41 1 1 9.1. 4.1234ORDINANCEAN ORDINANCE gra nting to Burlington Northern, 'Inc., its suc cessors a d assigns, the right, privilege a nd a uthority tolocate, lay down, construct, maintain and ope rate a s tan dard gauge railro,: d track in, along, over and across WestDravus Street and a right-of-way from such track , andsu?erseding Ordinance 84685,5Bt: Il' ,.OROAINEO Blr THE CTTY OF SEATTLE AS FOLLOWS:67Section 1.That the City of Seattle does hereby grant toBui;:lington Northern,Inc.,its successors nd assigns for .a8period9auth r ity to l ocate, lay down, construct, maintain and operateoftwenty-fiva( 2 )y earstheright,privilegeand10a track of standard gauge railroad in, upon, over and ac.ross11West Dravus Street in the City of Seattle,12·1 S.right- of-way fif·teen(15)together with afeet in width therefor,the centerlfoe of said track and of ;,aid right-of-way being described asfollows:1415161718!9Beginning at a point in the south line of westoravu:s street distant 280 .95 feet west, measured alongsaid squt line, from the northe.ast corner of Block122 of Gilman ' s Addition to the City of Seattle,according to the recorded plat thereof; thence north erly, on a seven degree (7 ) curve to the left, saidc.u rve !'laving a radius of 819. 0 feet, .to a point in thenorth line of said street distant 266. 73 feet west,measured along' s a id north line, from the southeastcorner of Block 115 of said Gilman ' s . Addition.Section2.The City of Seattle shall retaincontrol of the street in and across which said railway track21shall be laid. down as over other streets and avenues in said22city, and 15hall have the right at all times by general ordi 23nance,25to regulatethespeed oflocomotives,carsandgranted, and the maximum period of time for wh ich such locofflo tives,cars andtrainsshallbe allowed to blockade travel27'26thetrains within the limits of the franchise right-of-w ay herein26lsaae2024,the- l -
- 1along and across the street embraced in this grant, and shall2have such further control and police power over such franchise34!5right-of-way and the use thereof as the City Charter and -theState Constitution and laws may now or hereafter permit.Grantee,Theits successors and assigns s hall erect and maintainall such safety devices, warniny signals, lights and appliancoce7as may be r.ecessary to protect and facilitate public travelacross the track herein .authorized.8section 3.The City of Seattle hereby reserves to itselfSIand its grantees the right to install and carry all public10utilityttauthorized, and the City reserves to itself full and complete1213faci· itiesunderneathorabovethetrackherebyright of access to any space occupied by such track and to allof said franchise right-of-way within the limits of west DrawsStreet, together with the right to open and excavate the groundt4beneath sa- d ·track, or within said ·franchise rig!tt-of-wa:v, for15ISall purposes of construction, maintenance,repair,operationand inspection; repair, operation and ins pection of any public1,7ut iJ1ties, which rights sha·ll,18manner as not to interfere wi ch th,: safe 9per-;1tion of locomo 19tives , cars and trains on said track.··'20, th?Wever,be exercised in suchIn all cases involving apossibility of such interference, or of removal of lateral sup port or excavation beneath the track of the Grantee,fifteen(lS) days' wr.i tl:en ·notice shall be given the Grantee, it suc 2223242!5ce sors,orassigns,andsaid Grantee,itssuccessorsassigns, shall furnish an authorized agent or representative,who shall supervise su h removal or excavation or other work:Provided that, in case of emergency repairs, the length of such2827-28L2 -c::a .lor'.
.,1,notice may be less than fifteen (15) days,2twelve (12) hours.but not less than1If it be necessary that such track shouldbe supported or reinforced during the progress o f the construc 3.tion, repair, renewal, maintenance or inspection of any munici pally operated uti lity, ·the said Grantee,19assigns,eshallconstruct andplaceattend to the readjustm13nt of its1its successors ors uch support,and willtrack at its own cost andexpanse section 4.Grantee shall be solely responsible for the9 m ai.n tenanca an lsafety· Qftherigh t-of-way granted10!ncluding all tracks and all grade crossinga,herein,and shall asdirected by the City of Seattle Di-rector of Engineering pave,11re-pav.e ,12plank,re"7 plank,grade,re-grade,improve andre iaaprove the surface of said right- of-way, including all tracks13and grade crossings t erein,·14 1in compliance with the directionof an\i to the sat,iefac.tion of the birecl:or ·of Engineerfng, all"15at Grantee s16manent and, all ,t8'1lporary repairs of the right-of-way, including17all tr :cks and all grade. crossings or any portion thereof, by18the date specified in the written notice from th Director of1920Engineering.so·le oxpe.nse.Grantee shall complete all per-Failure to complete all permanent and all tem-porary -repairs by such date shall be deeme·d authority for theCity of Seattle to make all such repairs.2122All costs incurredby the City of. se a ttle sh !ll be reimbursed by the Grantee,Section s .The said Grantee,its successors or ass igns23shall construct and ma intain the24that the top of the rail thereof shall at .all times conform to25the street grade (except where change is made in separa tion oftrackherein authorized so2627L28-3 -cs , . I
1graaes), a nd the s ·al d City hereby reae rvoo tho right to change2the grade of said street at any time,3shall change euch grade the a said Grantee, by the a.c c.epta nce of4and when the said Citythis ordinance, hereby convenants and agrees with the City , foritself, its successors and a ssigns, to waive any and a·11 Qam !Iages ,that it may sustain on, acco1,1nt of having to re adjust itse7track by re&'son of such change of grade.Such waiver is made,however, only upon condition that any c hange of grade hereafter .made by the said City in the street upon which the franchise is9hereby granted shall not be unreasonable, or such a s to inter 10·fere with the proper and practical operation of said trocl 11herein authorized when the same shall have been adjusted to12 ·3'14IS·1e17"said now grade.Section 6.In the operation of the track authorized bythis ordinance said Grantee, its successors and assigns, shall·have , the right to use steam,electric or any other suitablepower, subject to the reasonable control and regu la ionsthe City of Seattle.Section7.Said Grantee,i ts successors andass igns,1'8shall, upon permft issued by the Boa.rd of Public works or s uch19other body as may in the future be by law a uthorized to act,20allow each owner or occupant of a warehouse or industry con .tinguous or; adja.c ent to said track herein authorized, or to any21street, a venue or other public place along2223242Ssaid track w th such warehouse or industry:I ,.Provided, however,that said Grantee, its successors and assigns , may require thatsuch spur. track or track s and all street gx:ading, planking or27Iacross which said·track shall be constructed, a s pur track or. tracks connecting2628or-4 -
1paving appertaining to the right-of-way of such spur track or2tracks, be constructed and maintained at the expense of such3owner or occupant of such warehouse or industry; and provided4se7further that any such spur track shall s tart from such point onsaid track as the Grantee,its successors and assigns, shalldetermine upon as the most proper therefor; and shall be sub jectto suchrules and regulations asto the opening a·ndclosing of switches controlling access to and as to the u se of8said track as sai Grantee, its successors or assigns, ay from9time 'to t e establish.10111213section 8.Nothing in this ordinance contained shall beconstrued as granting an exclusive franchise or privilege· forthe use of those, portions of west Dravus Street hereinbeforedescribedrand the grant of the right-of-way in, along, overa!ld across said street shall be subject to the rig t of the''IS,eCity Council,at anymodify sa.i.d grant,iftune hereafter,thefranchisetorepeal,change orhereby grantedis notope::ated in accordance with the provision's th reof, or at 1111,17and 'the18hereafter, so to repeal, amend or modify. sai grant -:,f right CityofSeattlereaervestherightatanytimeof-way in, along, over and across said street with due regard20to the rights of the Grantee,"'its successors and assigns, andthe interest of t' he public,21section 9.2223Exce'p t as herein provided,this franchise andthe rights herein gr.inted, or any interest in them, shall notbe sold, assigned or mortgaged wl:thout the cons ent o.f the City,24Counci,l by or d inance.25to the benefit of the purchaser, assignee or mortgagee unlessNor shall the same in such event accrue262728- 5 -ca 1 .a
1.'within sixty (60) days after such consent it or they shall file2with the City Comptroller and City Clerk of the 5 i.ty of Seattle3.an acceptance of allhereby granted,the rights,privileges ar.d authoritiessubject to all the condit lons,restrictions,specifications and requirements herein ex.pressed.Provided,5that the rights acquired hereunder shall be deemed appurtenantto and running with the railroad system7::iucceBSors · or assigns,ott e Grantee,and may be so).d,, assigned,itsleased or8mortgaged as an entirety in connection with and as a part of9said railroad system without such consent or acceptance.Section 10.1()I11219nance,assigns,The Grantee, by the acceptance of this ordi-agre·es and ·c ovenantsforitsel'f,its successors andto ·and , with the City of Seattle, to p,rotect and aveh armless, said Ci,ty from all claims, actions or damages of every.kind and des9ription, which 11l?Y accrue to or be suffered by any1415 ' person or persons, by reason of any dF eetive construction or''maintenance or improper occupation of the right-of-way herein-19before descr'ibed, or by r:eason of negligent operation by said17Grar(tee,. its· successore and as s igns , of its ranway trains ov r18said right-of-way,19brought against20reasonofsuchandin cas eanyaction or suit shall bethe City for damages arising out o fdefectiveconstructionoror bymaintenan·ce1"1proper occupation or negligent operation, sa!:d Grantee,ori,tssuccessors and assigns, may and shall upon notice to it of the, 2223coaunencement· of such action or suit, de fend the same, at ibssole cost and expen.!!e, and in case judgment shall be rendered24against s aid Clty in such suit or action, shall fully satisfy2!5the same within ninety (90)days after such action or suitl262728-6 -c .aI
1shall have been .f olly2adv rsely to said City.section 11.34and finally detemined,if dete:r:minedThe Grantee, by its acceptanc& of this ordi-nance, does covenant and agree with The City of Seattle, foritse lf a nd fo'l' its succe s sors and assigns, that whenever The!I 7City of Seattle separates the grades of existing or futurestreets bythe construction,reconstruction,main tenance , and/or widening of any overhead structure across West8Dravus Street and the right-of-way herein granted, the Grantee,9its suc-cessprs and assigns,10tionate share of all costs incident to the span crossing said11"'right-of.-wayand the piers or abuttrnents supporting such span.1213,.151 will bear its or their propor Such proportiona;te share shall b e determined on "the ratio thelength of the portion of the spa11 crossing said right-of-way ,. "bears to the total length of said span, a nd the Grantee, itssuccessors or assigno, will pay its ·or their aforesaid shareupon proper tiilling t herefor by the Di ector of Engineering.Section 12.That anr other railway company having hereto 17. for constructed or hereafter constructing a sta.ndard gauge18railway to or in The City of Seattle, upon obtaining a f::-an 19' chise from said city, givi·ng ·access to any point therein from20:uwhich i t can reach with its engines and cars any point upon thetrack laid upon the right-of-way hereinabove described, or anyportion2223thereof,shall,subjectto alltheprovisions andrequirements of this ordinance, have the right to the common'use with the said Grantee, its successors and assigns, of the24track const ucted upon the right-of-way herein granted, or any25porl:ion of said track,upon the payment of such monthly or26 !renewal,2728-7 -
1annual rental or other compensation as ma be just and equit 2able , and subject to such reasonable rules and regulations as3may be consistent with the prior rights f the ran ee herein,4its successorsandassigns ,andas shall not unnecessarilyinterfere with or impede the transactio n and dispatc::'h of the15liusinesa of the Grantee hex ein.e7its successors or assigns.InC!.se such railway company cannot ag ree w 1th the Grantee herein, ts successors or assigns, upon the rental or compensation to8be paid for such use of said tra ck, as aforesaid or upon tlie9rea s onable r .;l es and regulations of such use, any g,ontroversy10or diffe rence between them respecting the propet- a111ount of such11rental or other compensation, or respecting the rules and regu 121Slations of such use, shall be s ubmitted to arbitration in con .fomity to the lawsof the State of Wash ington i . that regard,'and said s ubm ission sha"llhavethe aame force and bindingupon the pa ties' t.liere,to an shall be provided by. such115in al1'other cases of rbitration.16s ection 13 .That sa d Grafite.e shal l forfeit, and shall be'17dee!'led to h ave18',and au.thor-ities granted by this ordinance, unles s with in six19. JI20forfeited an6· abandoned, all rights, privilegesmonths after the approval of this o rdinance said Gra nteefiles in the office of t:Jie City comptroller its written accep t 'ance,duly executed and acknowledged, of the rights, privi 21leges . and22,. icationsheroin exp re ssed.242!5202728lconferred,-8 -subjectandtotherequirements
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. ,,,,.,. -F Y SaithKr. ArthurMaronek,Attn:·. ' ("'\.,,,. ) -··.'IC 'nUG'! ,d , 'ACi/ONBoa'nl ci Public . Mt.,1t - btc ,'oSocr.-,yI Ile: r ni:hil ,.-1\ .aav lch 20; 19111lurltna\on'N! rthera,Inc,.-. · .ci'. 11&yor Charle,-. &o:,er,','A1:t11 i"" , -'-'COUJ! il .l .e tle;li' fo.ancf o, ··'.·,. '1 ,(or,e, it, in resu!er 11ee1tci( .! Ch' l8 · 19111,4i.Actin1't11rector of, lnatnnrlt11 ".j\lllitlttl111 th "r :·. ·. , ,,t of 'lll lingt,on 1'fth! - !ilc'. ,-ordinance· to replace tllilrf utltll!&' Ordina11.1-b r i?ii.M.,465,1h !.t-11{ia' flf uu 1l¼5l"f .;t fr ,l1f - .,!P " t\11 '! !; ··t 'Dr ,!1(1i ,,,J; net,of. ; tad l ha11 ·un11ip.rovedfportio11··of . cti. ,at·re t. u'- ,, .,li l! t)i 'thel, . ,,. -adv ra ,.,r ftl r,1a lQ& tbl! ,ina"'.f;tafrred ln, the, rec .ndiatlon of tli · Act1na Directorat ,,the peniit, be. approYed w forwardff to your llonorlh lederation and Mce11an,' -l aiaiatt e.'a ction. Attt1ehid forChe dr aft Or ., ' . nci;" . ·- ·., -··.'(:',-· ', .·.· .· ' .'. - . ,,:.: 0;., of ''' lauD .OF PUBLIC! -- 4.,,0,: . ·, . ,,.,.,Fraiqt ,rioollttJ,iaChah,un,c.:,z,,,.::;,c.,c;::"' . NCi.).' ,·. c.-:-, t: ' .,.,,-- ,,. m:z:?""ra:-'.
I,,,RECEIVED.ZJuuNG10N JAN 51981. 800 Central Bur'\Seattle, WANr. Ar,thur E. NaronekActfng Dfrector'·of EngineeringSeattle Engineering departmentRoom 910 Seattle Municip1l Bldg.600 4th AvenueSeattle, W1shington 98104J 'JC. fng98104December 31, 1980·.'.···aotJT1N1iii.D4n INmAI.ACTJONAttention: Nr . R. H. Allwine;Franchises, Utflftles I Street Use ---,I1I'1lE;JC-INFORMATION'tIGent lemen:IRE:ItRenewal Ordinance 84685lReference is 111de to the above orafnance covering the loc1tfon 11afntenance ,and ·operatl,0!1 of s andard g ge raflrold tra k a,crossWest Dravus St., west of 17th Avenue llest, Seattle, Washfngton '.t.'.lie apprecf ate YQJJr Novemtier 25 letter 1dvfsing us that '.the -25-year. ordlnanfe expires Janyary 4, 1980.\''.Please accept thfs let er as 011r request to renew the ordinance nlddltloital 25 years or ff possible, for an Indefinite period of time,or untiJ the tr ckage fs relll()ved.Ou records indicate the trackage serves the Keller Supply Warehouse.Very t ly yours, «'Ji.LS. H. ttyhr,,-,Rea1, Estate .Repr:esen;ative·-;,:t:c.::r:,.SHl!/awl!,S c,,:z,, .,.,,-r: !r.-!!!':!:) .0.: '
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Component 1, is assessed by two pieces of course work, however, some of the learning is used in the Component 3 exam, in Year 11, so this is a good activity workbook. Task – jot down what you remember of Component 1, below . BTEC Tech Award Level 1/2 Health & Social Care 3 Component 1 Learning content to be covered A1 Human growth and development across life stages Learners will explore .
