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Z o. wa:~> ~o~o 16 .J~z~ C(cc~o ~ .:Ii 17 " . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , - --- - its suocessors and assigns, to oonstruot, maintain and operate a railroad spur track upon and across said Huntington Drive over and along the route and on the center line described as follows, to-wit Beginning at a point in the Southerly line of said Hunt- ington Drive, 10.6 feet ~esterly from its intersection with the Northeastsrly line of The Atchison, TOpeka and Santa Fe Railway Company's l~ight of way line; thence Northwesterly 72.85 feet on a curve concave to the Northeast, having a radius of 558.82 feet to a point in the Northerly line of said Huntington Drive, 24.0 feet Easte:rly from its intersection with said Northeasterly right of way liMo Reference is hereby made for further particulars to the application of said grantee and the map accompanying same, filed in the offics of the City Clerk of said City of Arcadia. SECTION 2: That the permit hereby granted is granted and shall be exercised and enjoyed at all times subjsct to the fOllowing conditions: 1.: No car or locomotive shall at any time be permitted to remain upon any part or portion of said Huntington Drive, upon, along, OVElr or across which tracks of said Company are constructed, etcept only during the time actually required for switching, loadin or unloading oars upon or along the same, and that said tracks and every par1; and portion thereof shall at all times be so used as to obstruct, as little as possible, the use of the aforesaid street. ~: That no locomotive, train or car shall be operated or run over such tracks at a greater rate of speed than eight mile /Vo / / / -1..... tJAdvna~ J'l-o, 1/( -- ----- ----- 1 2 3 4 5 6 7 8 ./ 9 10 11 12 . 13 < z ~ z3~i 14 jc(lICa: o"'zo I- . ~ ..m~ o . LI.>;u 15 a:~~! IdD:!(> ~Ozo 16 .JI-z~ eel-co .0:( J : 17 . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 an hour. 3: That said tracks shall be laid, constructsd and main- tained under the supervision and to the satisfaction of the Super- intendent of Streets of said City of Arcadia. 4: That said City of Aroadia reservss the right to, at any time presoribe and change by Ordinance, the methods, materials and specifications aocording to and of whioh such tracks shall be laid and constructed and to make the same applicable to such tracks then or i.hElreafter constructed. 5:: That any neglect, failure or refusal on the part of the grantee or its assigns, to observe or comply with any of ths terms or conditions in this Ordinanos contained shall effect a for- feiture of .~he permit hereby granted and saidCity of Arcadia, by a Resolution of its Board of Trustees, may thereupon declare such permit forff3ited and may exclude said grantee or its assigns from any further use of said Huntington Drive oocupied by said traoks and the perIn it hereby made shall thereupon becoms and remain, null, void and of no effeot. 6: That the City of Arcadia expressly reserves the right to pave, ma.cadamize, sewer or repave, remacadamize or rese\yer said Huntington Drive and to lay gas, water and other pipes therein, suoh work to bs done so as to injurs said traoks as little as possible. 7: That said tracks shall be at all times constructed and maintained in accordancs with the restrictions and limitations oontained in Section 498 of the Civil Code of the State of Califor- nia. 8: That said permit grantsd by this Ordinance shall not, nor shall any interest therein, or any right or privilege thereunder be in whole or in part transferred, leased, assigned or otherwise disposed of, without the consent of said City of Arcadia, sxpressed by Ordinance, and any suoh lease, assignment or other disposition of said permit shall be evidsnced by an instrument in writing filed in the office of the City Clerk of said City of Arcadia, and that ~ -2- OAC~ ~,I// . 13 < . z " z~~i 14 ::::)jlla: C .0 ~c~ "m_ . . 1I.>~u 15 a:~2! 1IIa:"':- 1-0Zo 16 .J~z~ cc<f;O ~ :;:f 17 . . 18 19 , o. .. , 1 nothing in this. Ordinance ocontained shall be construed to grant to 2 3 said grantee or its assigns any right to transfer, lease or assign, said permit ()r any interest therein, or any right or privilege grant d 4 thereby, eXCt3pt in the manner aforesaid. 5 9: Said tracks shall be used exclusively for the purpose of connecting warehouees, manufactories or other business industries 6 7 and enterprises with the line of railroad shown or described in or 8 upon the aforesaid applioation and map and for the transportation 9 of freight only. 10 10: Said grantse shall, whersver the tracks ars laid in 11 a paved street or wherever the adjoining portions of said Huntington Drive shall hereafter be pavsd, comply with all the provisions of an 12 and all Ordinances or Rssolutions of said City of Arcadia relating to the msthcds of track construotion and paving of the usual rail- way right of' way. lJ.: Said Grantee shall oonstruct all tracks to grades whioh may fl~om time to time be approved by the Board of Trustess of said City of. Aroadia. ll!: Grantes shall improve the entire spaoe bet\veen lines parallel with and two (2) feet outside ths outsrmost rails of the 20 tracks on sllid portion of said Huntington Drive in the same manner 21 and undsr t:~e same specifications as said Huntington. Drive is now 22. 23 improved ani at such timss as futurs street improvements are in- stalled, grantee shall simultaneously with euch street improvements, 24 25 26 similarly i~prove the above mentioned space. 13: Grantee shall, in order to seoure proper traffio con- ditions, do such regrading and repaving outside the usual right of way, and do such other work as may be required by the Board of Trus- 27 28 tees of said City of Aroadia. o 14: Grantee shall use in the construction of said traoks, giro.er grooved "raUs not less than seven (7) inohes in height of such pat- 31 tern and dimsnaions as shall be approved by said Board of Trustees 29 30 32 or in lieu thereof, such other rail as may be approved by said Board -3- (}/l-Clt.~ M:>, li/ --- 1 l~i: Grantee shall, in the event of the abandonment of said tracks remove said abandoned track within ons mqnth there- 2 3 after, and reconstruct the pavement and other strset improvements 4 5 adjaoent to said traoks eo that ths work shall join and be oontig- uous with th,e work done in adjoining portions of said Huntington Drive; all of said work shall be under the supervision and to the satisfaction of the Street Superintendent of said City of Aroadia. Failure to use said track for a period of six months shall, for 6 7 8 9 10 this purpose, oonstitute abandonment. 16,: The term of the permit hereby granted shall be for a period of twsnty-one (21) years from and after the date of the 11 12 passags of this Ordinanoe. The permit hereby granted to operate : 13 and maintain, the said tracks shall be rsvocable at any time at the z 9 ~ ~: ~ 14 pleasure of the Board of Trustess of said City of Aroadia, .but in c < 0 ~:~5 15 no event shall suoh psrmit to operate and maintain suoh traoks oon- a:~~! ~~i~ 16 tinue for more than .twenty-one (21) years from the date of the pas- .J"'z~ _t-co .... Ol( U::E ~:: 17 sage of this Ordinance and if the permit hereby grantsd shall not . . 18 have been revoked by said Board of Trustees prior to the expiration 19 of said periOd of twenty-one (21) years, the permit to maintain and 20 operate suoh. traoks shall ipso faoto cease and determine upon the 21 expiration of eaid period of twenty-one years. 22 17: Said Gra.ntee, its suooessors or assigns, shall file a 23 written aooe'ptanoe of this permit hereby granted and an agreement 24 to comply with the terms and conditions in this permit set forth with 25 the City Clerk of said City within thirty days after the passage of 26 this Ordinance. 27 SE:CTION 3: The City Clerk shall oertify to the adoption 28 of this Ord1.nanoe and shall oause the same to be published onoe in 29 The Aroadia Journal, a TIeekly newspaper published and oiroulated 30 in said City' of Aroadia and thirty days from and after the final 31 passage thereof, the same shall take effect and be in force. 32 T1:Le foregoing Ordinance Was adopted at a regular meeting -4- (}A.d/vl.CVYU:.L )'1.0. III .',< ""-.. ., ,......., " J, of the Board of Trustees of ,.,. the City of Aroadia, held on the 15th. day of November, 1922, by the affirmative vote of at least thrse Trustees, to-wit: AYES: Trustees ?7~~ NOES: n~..l ABSENT: Trustees 71~ and signed and approved this 15th. day of November, 1922. ,)!.~ President of the Board of Trustees. ATTEST: &-hL ~.~ C. Y Clerk. \ -5- c:Jxd~~ ~, //1 " ) I:~.: , , '(~~ ..h ORDINANCE NO. 111. <- I ., ) GRANTING P~RMIT TO ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY TO'CONSTRUCT SPUR TRACK. ACRO.sS HUNTINGTON DRIVE. I \ f , J t.., fr .... ,. , \ 0 \. ......