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2819ORDINANCE 114-0. 2819 AN ORDIII,�Tai,",,CL OF T'HE" CITY OF ANAL.rlli, GRANTING A FRT-21CHISE TO THE SOUTHERN, PACIFIC TRANSPORTATI01-14 C016P2%NY TO CONSTRUCT, MAINTAIN, AND OPIRATEA DRILL TRACK ACROSS HOWELL AVE�','UE IN THE CITY OF ANAHEIM. . Trilh CITY COUNCIL OF TH1.1 CITY OF AETUTIEIIJ i DOES ORjj'AI�� AS FOLLOWS SECTIO? I. The City Council of the City of Anaheim hereby grants to the Southern Pacific Transportation Conpany, the right to con- struct, maintain and operate a drill track across the following described property: That portion of the southeast quarter of Section 23, Township 4 South, Range 10 West, S.B.B. & N. lying parallel witda and 5 feet on each side of the centerline of railroad track described as follows: Commencing at the intersection of the centerline of Lewis Street as shown on that certain Map recorded March 6, 1967, in Book 6, page 44, of the Parcel Maps, in the Office of the Recorder of Orange County, with the centerline of that certain strip of land known as Howell Avenue and described in that certain indenture dated March 4. 1968, from the Southern Pacific Company, to the City of AnaheiTa. recorded in 3oo],: 8843, page 952 of Official Records, on January 13, 1969, in the Office of said Recorder; thence North 890 461 15' East, along said centerline of Hoy ell Avenue.. 1006.37 feet, to the true point of beginning; thence northerly, at right angles to last said centerline, 32 feet, to the north line of the land described in said indenture; thence southerly in reverse direction, along last said line 64 feet to the south line of the land described in said indenture. SECTION 2. The term of said franchise is indeterminate and shall endure in full force and effect until the same shall be volun- tarily surrendered or abandoned by Southern Pacific Transportation Company, or until the State of California, or some other municipal or public corporation, thereunto duly authorized by la -v,7, shall purchase by voluntary agreement or shall condeii,,n and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the terri- torial limits of the State, municipal or public corporation pur- chasing or condemning such property, or until the franchise shall be forfeited for non-compliance- with its terms by the Southern Pacific Transportation Company. It is understood and agreed by the Southern Pacific Transportation Company that in the event the City of 1,maheir. determines to commence eminent domain proceedings to acquire said franchise, that no value shall be placed upon the franchise privilege, either in valuation or voluntary purchase or by way of valuation pursuant to eminent domain proceedings. SECTION 3. Southern Pacific Transportation Company shall comply with all lawful ordinances, rules and regulations heretofore or here- after adopted by the City Council in the exercise of its police power governing its construction, maintenance and operation of the drill track constructed pursuant to this franchise. S ECT I O N 4. Southern Pacific Transportation Cpmpany shall pay to the City of Anaheim on demand the cost of all repairs to public pro- perty made necessary by any of the operations of Southern Pacific Transportation Company under said franchise. SECTION 5 . Southern Pacific Transportation Company agrees to indem- nify and hold harmless the City and its officers and employees from any and all liability for damages proximately resulting from any operations under said franchise. SECTION 6. Southern Pacific Transportation Company shall remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or elevated transfer facilities, or by the construction or improvement of any public property or facility, or if the public health, comfort, welfare, convenience, or safety so demands. SECTI(Xi 7. Southern Pacific Transportation Company small pay all costs and expense of constructing the drill tract-: herein referred to and all safety and protective devices installed, whether voluntarily or by order of the City of Anaheim. or the Public Utilities Commission of the State of California. SECTION 8. Southern pacific Transportation Company= shall pay all costs and expenses of maintaining any safety and protective devices constructed and installed on the property herein described. In the event that the Public Utilities Commission of the State of California determines now or hereafter that the Citv of Anaheim is required to pay any costs and expenses of constructing or main- taining any of the track or protective devices installed pursuant to this franchise, then this franchise shall automatically termi- nate and be of no further force and effect. In that event, Southern Pacific Transportation Company will remove all track and protective devices installed pursuant to this franchise within thirty (30) days after written notification by the City to do so. SECTION 9. Southern Pacific Transportation Company shall pay to the City a sum, of money sufficient to rein -,burse the City for all pub- lication expenses incurred by it in connection with the granting of this franchise. Such payment shall be made within thirty (30) days after the City furnishes the grant to the Southern Pacific Transportation Company with a written statement of such expenses. -2- SECTION10 . The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim. Bulletin, a newspaper of general circulation, printed, published and cir- culated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINAItiCE is approved and signed by me this _ 16th day of� June 19 70 IJAYOR/OF WM C.1 0Fv :. V3 Pro -Tem ATTEST: CI-TCI-TY CLERK OF THE CITY OF At1AIir,II1 AR11:kw:6/15/70 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2819 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of June, 1970, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of June, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Thom and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Clark and Dutton AND I FURTHER CERTIFY that the Mayor Pro -Tem of the City of Anaheim approved and signed said Ordinance No. 2819 on the 16th day of June, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of June, 1970. i CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2819 and was published once in the Anaheim Bulletin on the 26th day of June, 1970. City Clerk M�23 • a6taU