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HomeMy WebLinkAbout0127 1 '2 3 4 5 6 7 8 9 10 11 12 0 . 13 z 9 z~ii ~e(lIl:a: 14 0..11:0 I- . ~ cm~ . . Ia.:l-~O 15 a::~2! 1IIa:"> t-Ozo 16 .JI:I:~ 4:c~O ~ .1 17 . . . 18 19 20 REPEALW ORD. JIg. 21 /7 'i 22 23 24 25 26 27 28 29 30 31 32 ~ ORDINANCE NO. 127 J\N ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF AR- CADIA GRANUNG TO SOUTHERN PACIFIC COMPANY, A CORPORATION, ITS SUC- CESSORS AND ASSIGNS, A PERMIT TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SPUR TRACK ALONG AND ACROSS SANTA CLARA STREET AND SANTA ANITA AVENUE IN SAID CITY OF ARCADIA. 'rHE BOARD OF TRUSTEES OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1: That a permit be and the same is hereby grante to Southern Pacific Company, a corporation, its successors and as- signs, to construct, maintain and operate a railroad spur track upo and across said Santa Clara Street and Santa Anita Avenue over and along the route and on the center line described as follows, to-wit: Beginning at a point on the present house track of South- ern Pacific Company, which point is 6.4 feet Southerly, at right angles, from a point on the Northerly line of Santa Clara Street, which latter point, measured Westerly along said line, is 250 feet, more or less, from the intersection with the Easterly line of Santa Anita Avenue. Thence Westerly, parallel with the Northerly line of said Santa Clara Street, a distance of 160 feet, more or less, to a poin 1/ Thence Southwesterly along a curved line, concave to the _\ , left, '..having a radius of 458.59 feet, which curve at its point of beginning is tangent to the last described course, a distance of - ,- .. 150 feet, more or less, to a point. Thence Southwesterly, a distance of 48 feet, more or less, to the Westerly line of Santa Anita Avenue, to a point, which point measured along said line, is 10 feet, more or less, Northerly from the main track of Southern Pacific Company. Reference is hereby made for further particulars to the application of said grantee and to the map accompanying same, filed in the office of the City Clerk of said City of Arcadia. SECTION 2: That the permit hereby granted is granted and shall be Elxercised and enjoyed at all times subject to the follo1'lin condi tionel: 1: No car or locomotive shall at any time be permitted to , 'j -1- O/l.d~ no, /-:29 1 2 :5 4 5 6 7 8 9 10 11 12 0 . 13 . z " z:l~i ~:l.<< 14 o~~g em_ . . Ia.>-':o 15 a:~g! wrr!(> ~OzO 16 .J....~ c.....o · O:li ~ . 17 . . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~. remain upon any part or portion of said Santa Clara Street and/or' Santa Anita Avenue, upon, along, over or across which tracks of said Company are constructed, except only during the time actually re- quired for switching, loading or unloading cars upon or along the same, and that said tracks and every part and portion thereof shall at all times be so used as to obstruct as little as possible, the use of the aforesaid street. 2. That no locomotive, train or car shall be operated or run over such tracks at a greater rate of speed than eight miles an hour. 3. That said tracks shall be laid, constructed and main- tained under the supervision and to the satisfaction of the Superin-. tendent of Streets of said City of Arcadia. 4. That said City of Arcadia reserves the right to, at any time prescribe and change by Ordinance, the methods, materials 'and specifications according to and of which such tracks shall be laid and constructed and to make the same applicable to such tracks then or thereafter constructed. 5. That any neglect, failure or refusal on the part of the grantee or its assigns, to observe or comply with any of the terms or conditions in this Ordinance contained shall effect a for- feiture of the permit hereby granted and said City of Arcadia, by a Resolution of its Board of Trustees, may thereupon declare such permit forfeited and may exclude said grantee or its assigns from any further use of said Santa Clara Street and/or Santa Anita Avenue occupied by said tracks and the permit hereby made shall thereupon become and remain, null, void and of no effect. Ei. That the City of Arcadia expressly reserves the right to pave, macadamize, sewer or repave, remacadamize or resewer said Santa Clara Street and/or Santa Anita Avenue and to lay gas, water and other pipes therein, such work to be done so as to injure said tracks as 11 ttle as possible. -2- ()/1..d~ l/Zb, /::z? 3 4 5 6 7 8 9 10 11 12 0 . 13 . z _ z~;~ mz jCl'lIlC 14 0-'.:0 .. c. ...~ . or LI.>-~u 15 a:~2! 1IIa:)-> l-Ozo 16 .J....~ ct-.co .. u 2i ~ : 17 . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ;/ 1 7. That said tracks shall be at all times constructed and 2 maintained in accordance with the restrictiona and limitations con- tained in Section 498 of the Oivil Code of the State of Oalifornia. 8. That said permit granted 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, expressed by OrdinancEl, and any such lease, assignment or other disposition of said permit, shall be evidenced by an instrument in writing filed , in the off1cle of the City..Clerk of said City of Arcadia and that nothing in i.hie Ordinance contained shall be construed to grant to said grantee o~ its assigns. any right to transfer, lease or assign said permit or any interest therein, or any right or privilege grant d thereby, ex(~ept in the. manner aforesaid. 9.. Said tracks shall be used exclusively for the purpose of connecting warehouses, manufactories or other business industries and enterprises with the line of railroad shown or described in or upon the aforesaid application.and map and for the transportation of freight only.. 10. Said grantee shall, wherever the tracks are laid in a paved street .or wherever the adjoining portions of said Santa Clar Street and/or Santa Anita Avenue shall hereafter be paved, comply with all the provisions of any and all Ordinances or Resolutions of said City of Arcadia relating to the methods of track construction and paving of the usual railway right of way. 11. Said grantee shall construct all tracks to grades which may from time to time be approved by the Board of Trustees of said City of Arcadia. 12. Grantee shall improve the entire space between lines parallel with and two (2) feet outside the outermost rails of the tracks on said portion of said Santa Clara Street and/or Santa Anita Avenue in the same manner and under the same specifications as said -3- o~~ I"lo, JR? 1 2 3 4 5 6 7 8 9 10 11 12 0 z 13 ;; z - z~~i ::>ClI:a: 14 c.Jzo ...~ ..m~ . . 1I.>~o 15 II:~~~ wa:!i:> t-OzO 16 .J~E~ CcC10 ;r ;;:Ii 17 . . . 18 19 20 21 22 23 24 25 26 27 28 29 .'30 31 32 Santa Clara Street and/or Santa Anita Avenue are now improved and at such timl~s as future street improvements are installed, grantee shall simultaneously with such street improvements, similarly improv the above mlmtioned space. 1:3. Grantee shall, in order to secure proper traffic con- ditions, do such regrading and repaving outside the usual right of way, and do such other work as may be required by the Boardof Trus- tees of said City of Arcadia. 14. Grantee shall use in the construction of said tracks, grooved girder rails not less than seven (7) inches in height of such pattern and dimensions as shall be approved by said Board of Trustees or in lieu thereof, such other rail as may be approved by said Board. 15. Grantee shall, in the ev~nt of the abandonment of said tracks, remove said abandoned track within one month thereafter and reconstruct the pavement and other street improvements adjacent to said tracks so that the work shall join and be contiguous with I the work done. in adjoining portions of said Santa Clara Street and/o Santa Anita., Avenue; all of said work shall be under the supervision and to the satisfaction of the Street Superintendent of said City of Arcadia. Failure to use said track for a period of six months shall, for this purpose, ipso facto constitute abandonment. 16. The term of the permit hereby granted shall be for a period of twenty-one (21) years from and after the date of the passage of this Ordinance. The permit hereby granted to operate and mainta1.n the said tracks shall be revocable at any time at the pleasure crf the Board of Trustees of said City of Arcadia, but in no event shall such a permit to operate and maintain such tracks continue for more than twenty-one (21) years from the date of the passage of this Ordinance and if the permit hereby granted shall not have been revoked by said Board of Trustees prior to the ex- piration af said period of twenty-one (21) years, the permit to -4- Od~/Zc,/02? . z Z ~ Z3:~i ~:l." "" EO -~C~ _m_ .- .. ...~;:U a::~~:! wa:!(> ~Ozo .J....~ ..........0 ~.u~ 3: i ~ . . .. 3 .1 4 '7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , '" 1 maintain and operate such tracks shall ipso facto cease and deter- 2 mine upon the expiration of said period of twenty-one years. 5 17.. Said grantee. its successors or assigns, shall file a written acceptance of this permit hereby granted and an agreement to comply wi '~h the terms and condi tions of this permit set forth with the City Clerk of said City within thirty days after the pas- sags of this Ordinance. SECTION 3: The City Clerk shall certify to the adoption of this Ord1.nance and shall cause the same to be published once in The Arcadia Journal, a weekly newspaper published and circulated in said City of Arcadia and thirty days from and after the final pas- sage thereof, the same shall take effect and be in force. The foregoing Ordinance was adopted at a regular meeting of the Board of Trustees of the City of Arcadia, held on the 19th. day of September. 1923, by the affirmative vote of at least three I 6 7 8 , Trustees, to-wit: AYES: Trustees J.!lu/VI.1h</YI / --to.) -tJ P. 71-(/Uf/f.Ul/ ~ ~ NOES: Nons. .ABSENT: Trustee and signed and approved this 19th. day .cY~ Trustees. ATTEST: ~.fJ.:k/7~AH/{ C:L Clerk. , I I \ \ \ \ \ \ -5- O.-1.d~c..w I-"Zo, /~:7 .~ .- . ~ ORDINANCE NO. 127 GRANTING TO SOUTHERN PACI- FIC COMPANY RIGHT TO CON- STRUCT SPUT TRACK ACROSS SANTA CLARA STREET AND SANTA ANITA AVENUE.