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ORDINANCE HO., 436., .
AN ORDINAlWE OF TEE CITY COUUCIL 0:::<' TFI:C CITY OF A;:tCl~DIA
GRJ~lf:rI::m TO THE A1'C,USON, TOP3KA J..lW' Sl~"TA Fii:,Rb.IL'.:.4Y COj,l:?ANY, A
COnPO:'{},TIO;~, ITS SUC;C:::;SSORS AND I,SS!GUS" ji P ::rt;,iI'l' TO CONSTRUCT, ::AIN-
TAIH AND OP";:lJ..'i'E A RAIL;:W;,D TRACK hCROSS :iH3BL:!;R STREJT H.lID ALOnG
SECOND AVE~UE IN SAID CITY OF ARCADIA. ' '
THE CITY com:CIL of ,THE CITY OF ARC~DIA D02S ORD~IN AS
FOLLO',:S:' .
SEdTION 1. That a":pel"ll1it 'Oe and the. Sal:le is hereby sr.a.nted to
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Atchison, Topeka and Santa Fe Railvray Company, a corporation, its:
successors and assi,~ns, to construct, maintain and operate a railroad
spur track, hereinafter de sisna,ted as .Track "A", acros s \Thee ler St:rl'et,'
and a railroad spur track, hereinafter desi.::;nated as Track "B", in
and along r!heeler Street and across Second Avenue in said City,of I\.rcadia,
over and alon5 the routes and on the res~ective'center lines described
as follows, to-~it:
TRACK "A":
Beginning at a point in the south line of \'(heeler street
distant west along "s,aid southUne 290.1 feet from the
I'lest line of $econd .Avenue; thence nortlmesterly on a
direc t line, making a northwe stern an:o;le of 380 26' Vii th .
said straight line a dist'anc.e of 27.47 feet; thence on a
tan::!;ent curve ~ith a radius Of 573.686 feet~concave south-
I'lesterly, a distance of 24 feet; thence southwesterly on a
tansent 48.24 feet to a'point of endins in the north line of
r!heeler str€let" Vlhich point is 370.22 feet westerly along
said northerly street. line from t~'1e west line of Second
Avenue.
',L'RAClI: "B":
Beginning at a point in the ,north line of \.'heeler street
distant 348.69 feet 'westerly, along said'north,line from
the west line of Second .Avenue ; thence northeaster'ly on a
curve r:ith a radius of 573.686 feet, concave northeasterly,
a d:Lstance' Df 240',99. feet, to a point that is. 10 fee,t north
of ,the south line of \weeler Street; the tan3ent to said
curve at the point of beginnin:; r:w.kes a southeast an11e
of 240' 5' 55" vlith said ,north line of,~"L1eeler Street; thence
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'I~PIiXEll'
ad t)~J
easterly on a tangent to said curve 10 feet frDm and parallel
I,(ith the south line ,of l'Iheeler street and its easterly' e.xten-
sian, a 'distance of 174.45 ,feet t'o:pointof ending ,in the
east line of Second Avenue.,
Reference is hereby made for' further particul ars to the
application of said Grantee and tpe. map accompanying the sar.le, which
said application and'lnap a.re filed'ip the office'of the,.City Clerk. of
said City of Arc'adia.
SECTION 2. That the permit. hereby'grapted is granted and shall
be exercised and enjoyed at all tiines s'ub,ject to the following conditions:
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1.. No, car or locomotive shall 'at anytime be permitted to
remain upon any part or portion o'f said Wheeler'Street or Second AvenUe
upon, along oyer or across YThich tracks of said Company are constructed
except only durin~ the time actually required for' switching, 'loading or
unloadin5 cars upon and along: the
same, and that said tracks and every
part and portion ther'eof shall at, all
times be so used as to obstruct,
as little as possible, 'tlie us,e of the aforesaid streets.
2. That ~o,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 maintained
,under'the supervision and to 'the satisfaction of the Superintendent of
Streets of said City of Arcadia.
4. That'. said.' City ,of Arcadia,l?eserves the right to, at any time
prescribe' and chanse by Ordil}ance" 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 assisns, to 'o~)serve or comply 17ith any of the terms ,or
conditions in this Ordinance contained sp.all effec t a forfeiture of the
permit hereby granted, and said City of Arcadia, by a Resolution.of its
City Oouncil,. may the~eupon declare such per:nit. forfeited's.nd !l1ay exclude
said grantee or its assi~s from any further use of said Vfueeier Street
and/or Second Avenue occupied by sai~ tracks and the p~rmit hereby made
shall thereupon become and, remain, null, void
and 'of no ,effeGt.
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6. That the City of Arcadia expressly reserves the right to
pave, macadamize, sewer or repave, r~macadamizeor resewer said Vfueeler
street and/or Second Avenue, and to lay gas, .\'Tater and other pipes therein.
The expense. of al,l repai,rs to the ';railroad tracks due to the excavations
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for the above utilities to be borne by the grantee; such work to be done so
as to injure said tracks as little as possible.
7. 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 transferr'ed, leased, assi~ed or otherwise' disposed of,
without the consent' of said City of Arcadia, expressed by Ordinance, and
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, any such Ie ase "
assiGnment or other disposit.ion of said permit. shall be
evidenced by an instrument in writinc filed in the'office of the City Clerk
of said City of Arcadia~ and that nothing in this Ordinance contained shall
be construed to grant to said grantee or its assigns any ri:;ht to transfer,
lease or assi3!l,. said permit or any interest therein, or any right or
privilege granted thereby, except in the manner 'aforesaid.
8. Said. tracks shall b~used excl~sively for the purpose of
connectiris warehouses, manufactories or other business industries and
enterprises with the line of railroad shovm or described in' or upon the
aforesaid ap:;lication and m\lp 'and for the., transportation of freight only.
9. Said (;rantee shall,Wherever the tracks are laid in a, paved
street or wherever the adjoining pprtions of Se~ond Avenue. and/or Wbeeler
street 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 pavin3 of the usual railTIay right of way.
10. . Said Grantee' shall construct al:J, tracks to grades vl)11ch may
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from time to time be approved by the City Council of said City of Arcadia.
.11. ,Grantee' 'shall,impro,v'e the entire space between lines parallel
with and two (2) feet outside the.outermosi; rails,of the tracks on said
po:rtion of I'fueeler Street and Sec'and Avenue in the same manner and under
the same specifications as Second Avenue is nol'i. improved, and at such times
as future street imT'rovements,. are. ins tailed, grantee shall, simultaneousll
I'lith such street 'improvements; similarly improve the above mentioned space.
12. Grantee shall, in order to secure proper traffic conditions,
do such regrading and repaving
outside
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"the usual right of way, and
~5l!Et~ (11d,
do such
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other vlOrk as niay.be required, by 'the City Council of said City of Arcadia.
13.
Gran"'tee shall use in the constrJ,lction of' said "tracks, grooved
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sirder rails not less than seven: (.7) inches i:q. height of such patt~rn,and
dimensions as shall be approved by said City Councilor in ,lieu thereof.
such other rail as nay be aprroved by.saip. City ,Council.
14. Grantee shall Eit all times whenus:irig said spur track for the
purpose herein specified, over and' across seco!1d Avenue~ provide a competent
flagman.or flagmen vl110 shall be stationed upon. "the , street "for the purpose of
and sl1a11 warn, the travelin,3 p1)oJ,ic, of any
danger or danSerous condition or
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of any cars, locomotives, trains, or any', and all other vehicles or modes of
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transportation TIhich the grantee may'be using for the purpose of transportins
freight over said spur track.
15. Grantee' shall,' in the' event of the abandonment of said .tracks
remove saiq. abandoned track I'lithin oneIl1onth thereafter, and reconstruct
the pavement and other street ~~provenents adjacent to 'said tracks so that
the \'lork shall joi~ and be conti8uouS with the work done in adj~ining por-
tions, of said \1heeler street 'and/or Second Avenue;" all of ~aid work shall
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be under the' suparvision and to the satiSfaction of the Stre~t Supermtend-
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ent of said City of Arcadia. "FailUre to' use said 'track' for a period
of six months, shall, for' this pUrpose, Qonstitute: abandonment.
IE? ,The ,term of thepertnit hereby granted shall be . for a
period of twent,y-one (21) ye'ars from and after tl:]e date of the passage
of This Ordinance. The permit hereby granted to operate and maintain
the said. tracksshali be 'revocable at any time at the pleasure of the
City Council of said City of Arcadia, 'Jut in"no event shall such permit
to operate and maintain such trac~s co~tinue for More than twenty one
(21) years fro~ the date of ~he passage of this, Ordinance and if the
permit hereby sranted shall not 'have, been revoked by said City Council
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prior to the expiration of said period of twenty-one (21) years, the per-
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mit to maintain and operate s:uch tracks shall" ipso facto cease and deter-
mine,upon the expir:J.tionof said period oftwehty-one (21) years.'
17. Said Grantee, its successors or assigns, shall file a
v~itten acceptance of this permit hereby'sra~ted and an a3reenlent to
comply TIith'the terns and condition~ in this permit set forthwith the
City Clerk of said City within thirty days after the passage of this
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Ordina~ce.
SECTION 3. The City Cl~rk shall certify to the adopt'ion of
this Ord'inance and prior' to the expiration of fifteen,( 15) days from
the passa::;e thereof, shall' cause the same to 1:Je published on.ce in tl1e
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Arcadia Tribune and 'News, a ,newspaper ,oTgeneral circul.ation', published
and circulated in the City of Arc$uia, and tnirty (30) days from and
after' the final paE;sage thereof said Ordirianceshall ta:-s:e effect and be
iIi force.
I'hereby certifY that the fore~~ins Ordinance \'las adopted at.
a
rell:ular
meetihG'
Of; the 0 City Council 'of theGity of Arcadia,
, 1940," by 'the affirmative vote of at
held on the 18th day of _.!rune
least three COllilcilmen, to-l'iit:'
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AYES: Councilmen, Adcock, Bolz, Leeper and Ormsby
ROSS: ~one
ABSENT: :CoU~Cilma~, Pe~kins
.~51~_Ltt: c,
.'. City Cl:r{ 0
Si;;nedand' a1'1proved., tl,is 18th' day of June ,1940.
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ATTBST:
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City Clerk. .. 0 ,00 0
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