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719 1 2 3 4r f5 ORDINANOE NO. //t? . r 8 7 8 THE CITY CO~OIL OF THE OITY OF ANAHEIM DOES ORDAIN AS AN ORDI~iANOE OF THE CITY OF ANAHEIM GRANTING- TO THE 'TCHISON, TOPEKA AND SANTA J'E RAILWAY OOMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS~THE RIGHT TO CONSTRUCT, MAINTAIN AND OPERA TE A RAILROAD SPUR TRAOK UPON AND ALONG A PORTI OF COMMERCIAL STREET IN THE .CITY OF ; ANAHEIM, OALIFORNIA 9 ~ FOLLOWS: 10 SECTION 1. 11 That th~ right, privilege and franohise be and the same 12 1s hereby granted jto The Atqhison, Topeka and Santa Fe aa111r&Y 13 Company, a Corpor~tion, its successors and assigns, to construct, 14 maintain and oper~te for a -period of ~ 5 years their 15 standard gauge ra~lroad tracks in, u~on and along Oommercial Stree 18 in the City.of Anaheim, California at the location and along the 17 route described ~ follows: 18 19 20 21 22 23 24 26 28 27 SECTION 2: Beginning at _ point in the oenter line of the existing track.of The ~tchisonJ Topeka and Santa Fe. Railway .Oompany in Oommeroia] street distant thereon 457.45 feet west from the west 11n~ of Patt street; thence westerly on a curve tangent to s~id oenter line, ooncave northeasterly and having a rad~us of 603.805 feet a distance of 75.3 feet; thence north~8terly tangent to said ourve 10.0 feet; thence north~Bterly on a curve tangent to last course, concave no:rt*asterly a.nd. having a radius of 803.805 feet a distance of 83.86 feet; thence northwesterly tangent to last descr~b~ curve 19.20 feet; thenoe northwesterly on a .curve tangen~ to last course, concave southwesterly and having a rad~us of 803.805 feet 11.84 feet to ~oint of interseotion ;with the north line of Commercial street, distant thereon 654.29 feet west from the west line of Pa..tt street. 28 Tha.t th~ line of the said tracks in, upon and along sa.id 29 'Oomrnercia.l street :hereinbefore named shall conform in all cases 30 to the established grades of said street where such grades have 31 been established, ;and in 8.11 other cases, the tracks shall conform 32 'as neerly as prac~1cable to the natural grades of the street upon looo'........~. .............lo ,. _....~I. .&.1>....... ....,.\'tIIio.o--o.;;. ....~.... .~......................... 1 and along which t,ey may be oonstructed or reoonstructed, and 2 when at any time $ny -port-ion of said street shall be graded, 3 paved, o.r otherwi+e improved or the grades or improvements therein 4 changed or ordere4 by authority of said Oity, the said traoks shal a be, by said Railw$Y Company, its suooessors and assigns, made to 8 conform to such ~ades so made, changed, or altered, if required I 7 by the Ci ty Counc~l of the City of Anaheim_. a SEOTION 3: 9 It is m4de a oond.ition hereof that the City of " Anaheim 10 expressly reserve~ the right to grade, sewer, pave, macadamize t 11 repair, improve o~ alter said street or any portion ~hereof, and 12 to lay down pipes :for water, gas or other purposes therein, all 13 such work to be ddne by said 01 ty of Anaheim in such a manner as 14 not to injure or dbstruot the traoks and business of said railway 15 oompany, its suoosssors or assigns any more than poss1ble, and in 18 no case, so as to :endanger said railroad or the operation of train 17 thereon. 18 SEOTION 4: 19 That Batd traoks shall be kept consistently in repair 20 by grantee, and all orossings flush w1th the street, and paved or 21 planked between tbe rails and within two feet of the outside of 22 the outsiderails ~hereof. 23 SECTION 5: 24 That th~ operation of the railroad tracks under this 25 franchise shall be subjeot to such regulations and conditions as 26 may be reasonably ~rescribed' from time to time by the Oity Oounoil 27 of the City of Anaheim. 28 SECTION 6: 29 That th& terms, provisions and oonditions of this 30 'franchise aIld all ;the rights, powers, J.)rivileges, obliga.tions, 31 liabilities and duties nereunder shall inure to and be binding 32 upon the grantee and any successors or assigns of said grantee. -2- ..,_-___~~ 1 2 3 4r 5 SEC.TION 7: e Tha,t t~Lle grantee hereof J by the acoeptanoe of this 1 franohise) :hereby jagrees to pay to the Ci ty Anaheim the expenses neceSBc'.ry for trle i9UblicE;.t1on and uther ex;)en,see attendant upon the grb.l1tine; of tll-is fl~a.nchise_ SEO'I' I ON. 8: 7 8 9 10 11 12 13 14 16 18 17 18 19 20 21 22 23 24 25 That th~ grantee hereof shall file with the City Clerk of the Oity of Anaheim a written acceptance of this franchise wi thin thirty de.y~ after the passage of this ordinance. SEOTION 9: That th~ cars upon said spur track shall not be allowed to stand upon saiq spur track or street "in such a manner as to unnecessarily obstruct the use of said street by vehicles or pedestrians. SECTION 10: That th~ City Clerk of the City of Anaheim shall certify as to the passage of this ordinanoe by a two-thirds vote of all the members of tbe City Council of said City of Anaheim, and shall cause the same to .be published onoe in the Anaheim B~lletin, a -newspa~er of gene~al circulation, published and printed in the Ci ty of Anaheim, ana. it shall beconle ~ffeoti va thirty days from the date of its fiina,l passage. The. fOreg~in~ 0 dinance was si.gned and approved by me this day ~"tJ. 1947. ; ~~ ~~'--. /f) 28 : - 29 30 31 32 -3- ..~ __...*.~~,........-..- .".. .'-'-"'=--"'~'--""'I"".. ....I............~...... 7 8 9 10 11 12 13 14 115 Ie 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 1 2. S 4: t5 STATE OF CALIFORI.A~ COUl!Y OF ORA .,E ss CITY OF ANAH M 1 I J CHARLES El. GRIFFI.TH, 01 ty Clerk of the a1 ty of Anaheim, do hereby certify that the foregoing Ordinance was introduoed e~t a reg~r m~t~ of the Oity Oouncil of the Oity of Anaheim, held. on !the" -.. day .of August, 1947, and that the same was passed ahd adopted at a ~J:~'~ meeting of said City Council held on the 10 day o~ 1947, by the following vot~ of the members thereof: 8 A YES : COUNOILMEN: 'ear.OD, 'laD WagoDer. Bone,., ..,18.g, Pac . COUN~IL:MEN : hR. . COUN~ILMEN: .oa.. NOES: ABSElfT: And I furthet oertify that the Mayor of the 01 ty of .Anahe1ln~ signed and ap?rov.dsaid Ordinance on" the I~day O~1947. IN 11ITNESS ~~';gREOF, I have bereunto set my hand and affixed the seal of said Oi ty of Anaheim this /0 day O~"1947. ~~M -4- ............ ............. ,.-.--,.. ......'".~.~. .........-...-."-- ....~.. .L.-.........,.. 'II.~....~ AFFIDA VIT OF PUBUCATION ST.AT]~ OF CALIFORNIA) )ss. County of Orange ) Richc:,.rd Ii' 1 Gehle of ~aid county, being first. duly Bworn, says-that he is & male citizen of the United States, and of the State of CalI- fornia, over the age of eighteen years; that he has no in- terf'flt in. nor is he a party to the matter he.rein mentioned; that he is the .. _._P.r.~..~1G.J 2.~!1.... .G.A...e.r:;;;.. __ _. _..... ..m_ .... ..__..u__...____... ...... of the Anh~c1m Bulle~ln ... -. ~ - - - - .. -.. - . ..... -.. ...... -.. ......... ........... .-- ..... ............... ..-........... ...... ....... ........ -.. ...... ..... ...................... amdaily.._._... newspaper printed, published and circulated in the sai'n County of Orange that said . _ _ .J:\.u.ahe 1.m.. ..l3..~l.l.e.:t..in. ............. ..___.... ............. ........__........... is a newspaper of general cir culation with a list ot paid subscribers and is published for the dissemination of both local and general news and intelligence of a general char- acter. that-it is not devoted to the interests or published for the entertainment of a parti cular class, protession, trade, calling, race or denomination, or of any number thereof; tha,t it has been printed and published in the City ot Ana- heim County of Or.ange, State of California for more than one year next prp-ceding the first day of the pubUcation heT'eto attached; that the .. ... 9.~.~. ~.!~~.~.!~~.~... .~..:.Q.!.....~l.J.S......................~................................ of which the annexed is a p.rinted copy~ 'Was publlshed In . c>n'e issue said newspaper at least............ ..n................u.;...~.....nu..u.u................ commencing on the...u...l.~.t.nay ot ....S.e.p.t.er.n.b.er......_ 11) ):+..7 and ending on the...........u...day .of ....-.....-...-...--.-... 19 ....., and that said ......n...l:.o.t.i.c.e.......................................... was published on the followi ng days: ... .. ~ -~-:). ~:...n... .1..~~~ ..J'"" _l.~}!i', 7-.-. ................. .-........................................... U" u,' U ..... .'U' .~::.~;lr~...-..._~..~.._._._.__._-_.- _.Z~~ oo..oo~................. SUbscrlb~: ~:~. ~:.:=..:: before me thI8.rl~...dq of J~....__..........~..........19 .."J, ............... .. ~... " . . ' ....uA.. ~ ~ ~ ...................77....;.00'. . n . otar,. ~ LEGAL N.OTICE ORDINANCE NO. '71. l ORDINANCE OF THE CITY · ANAHEIM GRANTING TO [I; ATCHIaoN.. TOPEKA. AND- NT.A, FE RAILWAY COM- .NY.' A CORPGJ\ATION,: ITS CCESSORS .AJh) ASsumS. [E RIGHT TO CONSTRUCT, . \.INTAIN AND OPEMTE A '..ILROAD SPUR TRACK UP- .~ AND ALONG A PORTION I COMMERCIAL STREET' IN [E CITY OF ANAHEIM, CAL- ORNIA. · [E CITY. COUNCIL OF THE r OF ANAHEIM DOES ORDAIN 'OLLOWS: ICTION 1: :at the rIght, ltrlvJ,lege and fran- ! be and tll.,,~e Is hereby .t~d to The ~i~hl80n, Topeka Santa Fe R8!iliitay Company. a. ,or.,on. Its suo~eBsors and &s- B. 110 construct. maintain and ate ..'.f~n~ 'a period of 2& years :". stanclard s-auge railroad tra.cks upon and alon.. Commercla.l et In the City of Anaheim, Call- ia at tile location and along the I ie described as tollows: . --eglnnlng at a point In the cen- . ,r line of the existing track tol The Atchison, Topeka and ri~nta Fe. Railway Company In. . 10mmercial Street dlstan t there- [C n 457.45 feet west from. the . Lrest 1~1JrI < of Patt Street; thence ~B,vesterfE:"on a curve tangent to ~ .aid cera.r. line, concave north- rn&sterlY ..\It! having a radius of Jt;;03.80~ teet a distance of 76.3 '-eet; thence northwesterly tan- ,gent to said cur.ve 10,0 feet; tT~ thence northwesterly on a curve J1 tangent to last described cur,ve .' northeasterly and having a rad- Ius of SO-S.I05 feet a distance of ] 83.86 feet; thence northwesterly tangent to last described curve 19.20 feet; thence northwesterly on a curve tangent :to last course. concave southwesterly and having a radius o"t 60.3.805 feet 11.84 feet to point ot inter- sectlon with the north line of Commercial S t r e e t. dlsta.~t. - thereon 664.29 feet west from the west line ot Patt Street. SECTION J: That the. line ot the said tracks tn, upon and .along said Commercial Street hereln.betore named shall con- form in all-.eases to the established grades ot .8.id street where such grades have been establ1shed, and in all other cases, the track's shall con- form as nlarly as practicable to the natural g.radflls of the. street upon Bnd along which they may be con- structed or reconstructed, and when at any time any portioD of said street shall be graded, paved, or otherwise improved or the grades or improvements therel;:.,:hanged or ordered. by. authority.. . . laid City, the saiel tracks shall .. .. by said Railway. Company. Its' 8uccessors and assl~.. made' to. . conform to such grad~.s 80 made. changed. or altered. if required by the City Council of the City of hahe,m. SECTION 3: ....'. It" is made a condition ~Etr. that the City 'of Anaheim expo - re- serves the right to gra.dea:,;.... wer, pave. macadamize, repair. Improve or alter. said street or any portion thereof, and to lay down pipes for w,ater n. pro .other purposes therein, aU ",uoll w~rk to be lone by said Cf,ty 'f!f .-''''.helm In s_ .a :manner ., 'II..t. .... Injure or ....tru.ct. the . t~&d,. ..." busines.' Qt -"14. raUway ~P.&Q'; Its success.1'f or assigns I:. .JIIOt'e -. t,han posslll'. and in BO . t. ,~. u to endali_ aal4 rail- . . el . .~. . tJle. . operatlo. of.. trafna :,:~..O..4:. .:.:..... .,1"'-': ...14. tracks .'''1.'. be kept i. ..II.t_tlV .1n repat~ X:~,. ..r.ntee, . ", .,.1. Cl'o~slngs ~ . :.wlth '. the .... ".... paved or.' ;-aptll,nke4 be- t ,..~.. t.i. . rails -114-' ~thln two . t ~t .. tJ:t." outlide of:. tile' outailde r... .tfAe?eof. . . . '.. Ii. .::.::- o;~ration o.;'~i"e railroad t. c1C'.,.'~lld-er this. fr&llO)~.' sllal1 be bJelt to auch reg.ul"'. a6a COD- ;I~i' as may be reMo~ably pre- s .tJ~ .;.ti'om time to. .tlme by the . t:"..:.~~n~l.l. of th~ .CtO' ot Ana- .~ON'.I: 1~. . the -terms. .~~OJls. and cyuv;,....... of this ir......... and all tl.. da'1l".:.pOwers, pt."-.".e.. obIt- . ,~tlOJl" liabilities ant, dutle. here- .. .~r :ahall mure to .....~ be I>>lnding .n .:the grutee. .aD. ....II? SU'CC.ss- . or. "Sip. of siLl4. 8Ji&ate.. . .: :mOTION f: :t...That the grantee hel'eof. by the eeptance of this f~chlse, here- ...g~ees to pay .to tu :.Clty of A:na- b 1m the ezpenses D~r,. for the ~bll~tlon. and other'. :ezpensel at- t$ld8,nt upon the 81"alltms ot this f~nch.fs.. . '..8BCTION 8: . . ~'1'hat t~e. ..ran tee tlereof Bhatt fll. 'WIth the Clt,. Clerk of. tbe City of Anaheim .ar. wrttt'en . &.cc,ptance ot tills. fr.ncht.. '.W'Itbhi.; ,.:t~trt)r days after pas_qe, of till. .-ordlnance. . . SECTION 9.: .'. . That the cars.. upon. .a14 spur track shall not. be allowed to stand upon s&I4 $pur trU:1J or street In SJ.9h a !IlILDner a... to 'II1lDecea8arlly o . .truct fhe use of.. a&14 street by vf.btc1es . or .>>ed_trlana . :" . .aCTION..It: '.. . . '.'.Th.t: tite ;Clt,. :C1etk" ot. the City Df A:bahe1~. :_&I1"certlt~ .. _ tile pa.- ...e. .,.. till' Ord-l1,l....,. .a.. two- tII-S"~ all tlte. . lie... of the ar' '.. F8aJ!1'; .of A2!&- .~hj...__.,....:..:-.. 1 ~~:~~:.: ~.m. t~ LEGAL NOTICE be published once in the Anaheim Bulletin, a newspaper of general - circulation. publ ished and printed in the City of Anaheim, and It shall be. come effective thirty days fro~ the .date of its final passage . The foregoing ordinance was sig-ned and approved by me this 10 day of September, 1947. CHAS. A. PEARSON, Mayor, City of Anaheim. ATTEST: (SEAL) CHARLES E. GRIFFITS City Clerk. City of Anaheim. STATE OF CALIFORNIA) I COUNTY OF ORANGE) ss CITY OF ANAHEIM) I. CHARLES E. GRIFFITH, City Clerk of -the City of Anaheim, do here-by 'Cel"tify that the foregoing Ordinance was introduced at a reg.. ular meeting of the City Council of the City of Anaheim, held on the 26th day of August. 1947, an" that the same was passed and adopted R.t a regular meeting of said City Coun- cil held on the 10th day of Septem- ber. 1947, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Pace, Heying. Boney and Van 'Vag- on.er. . NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. And I further certify that the Mayor of the City of Anaheim sIgn- ed and approved said Ordinance on the 10th dav of September, 1947. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Anaheim this 10th day of September, 1947. (SEAL) CHARI~ES E. GRIFFITH City Clerk, City of Anaheim (Pub. Sept. 16, 1947)