420 (2)Y'
Affidavit of Publica
In the Superior Court of the County of
State of California
Defendant
STATE OF CALIFORNIA,
Co ty of Orange, ss.
. being first duly
sworn, deposes and says: Th at all times hereinafter mentioned, he was
a citizen of the United State , over the age of eighteen years, and a resiaent
of said county, and was at and during all said times the printer, publisher and
I.roprietor of the Anaheim Gazette, a newspaper of general circulation, print
ed and published weekly in the City of Anaheim, in said County of Orange.
State of California; that said Anaheim Gazette is and was at all times herein
mentioned, a newspaper of general circulation and is published for the dis-
semination of local and telegraphic news and intelligence of a -general char-
acter, having a bona fide subscription list of paying subscribers; that at'aII
said times said newspaper had been established, printed and published in the
said City of Anaheim, in said County and State at regular intervals for more
than one year preced'ng the fir/stt iibliication of the notice herein mention-
ed; that the ....�r� .(.t�?iv��!�'4�+ L"�. �..D
....... .............
..............................................................tof 'which the
annexed is a printed copy, was published and printed in said newspaper at.
least ..................../ ......................time commencing on the
..............day of .............................192..., and ending on the
.............day of ............................ 192...,both days inclusive,
and as often during said time as said newspaper was regularly issued; that
is to say, on the following d 0
es, to -wit:
ell . ...... ' ...-....�q..�.............. .
.................................................
fr'
SUBSCRIBED AND SWORN to
before me this---- da
-------`��- - ---------192_
............. .....................
Notary Publ' in and for Orange Cou , California.
Ir
ti
175 feet westerly of westerly line
nances oM the said Ciby of Anaheim,,
of South Atchison Street,
now in foree ar that may hereafter be
ANIDIMMAMLi, OF
I Along South Olive Street, from a
enacted relative to , the placing of
ANAHEIM Gi D LOS
point on the easterly line of South
poles, wires and street lights, and
_
AMG $c Al..:. RAIL-
Olive Street, approximately - fifty-five
`Northeast
makipg excavations in the public
p
the City of Anaheim, or plat-
ROAD Cff'� Ar , . FORA•
N, Tom'+diT CON ,
(55) feet northerly .of cor•
ner of the intersection of South Olive
, streets of
. ing, obstructions tbereon
$'Iii%CT f
A Y; -EOR A 'tRIOD
street and east South, Street, to a
SECTION S, That the .said grantee,
'tFla'TF'i`Y *4ai. 14q 41N
•FAIN SN -D --OtORAi'E A LI,vE
point in the center line cif South Olive
Street, approximately" one hundred
I its successors or assigns shall con.
I struct all necessary flumes and cul*
#
4W STEAM ' 'ItAMR�OA`D> TO.
ten (110j feet southerly of the south.
y
verts for the ,free passage of storm
or water used for irrigation un-
GDTl1 vITF1 6. t U$ T,RACI,
�RA'QK9
erly line of East South Street;'
water
der the tracks of said railrTsad where
BIDE AND '-OTHOR
RAILROAD XACILIT,+ , OVER
Including also the right to cross any
and all streets, alleys other public
ever and whenever; necessary, and
AND ACROSS C,I0�1 T A IN
.and
places along said route not particular-
that all curves, aqueducts, turn. outs
and switches shall be constructed Un.
STTRE A". Obi 1� PUBLIC
PLAC� S IN T1;IE CIT't' OF ANA -
ly hereinbefore` mentioned.
"SECTION 2- Authority i� hereby
der pians •and specification to be ap-
Engineer the
a3DIM.
granted to use electricity or -compress,
proved by the City or.
Board of Trustees of tits City aL
ed,air, or both, either. with or-Wdthout.
Anaheim.
'The Board of Trustees >of, the City
steam, or internal combustion motors,
It is understood that' said grantee;
of 'Airaheim do ordain as ;"lows:
either with or without steam, for the
• its successors or assigns, ishall- have
S�cT11QN 1. That the right, privf•
purpose of prope'Wing theArains and`
the right to excavate and -remove por-
lege and franchise is hereby granted
cars on the line of railroad construct -
tions of the streets necessary to pro..
to. Joos A ngeles- -&;:Salt Lake' Railroad
ed under the ranchise hereby grant-
€.
perly construct said railroad and erect
Company, a corporation, organized
:ed•
SECTION 3: That said franchise is
-the needful apparatus to propeiy equips
under the laws iii the State of Utah,
anti'; dilly au toitra et.busl•-
granted upon the terms and conditions
hereinafter contained and said gran
and run .the .:same. It being furthei
understood 'that the City, in making
mess iii tie �`� C'alifdr" fa, and to
the grant of this franchise, expressly
Its-Ouceessors and assigns, to -con,
tee shall file with -the Clerk of the
Board of Trustees of the City
reserves the right -to pave, .macadam*
stru � and. for the. -D el hf nfty {50)
ize or sewer an of the said streets or
Y
years from,the date` hero6r, to main,
of Anaheim, a written acceptance
to lay gas, water or other pipes there-
taln.and operate a, line' of ?standard
thereof within thirty -days after the
under; sai(t work to b done so as to
$aUge a, team railroad, either. single or
passage of this ordinance.
injure the said railroad as.. little as
double trackx,together'with necessary
SECTION 4. That the railroad to
possible. Provided further that the
'turn'odts, side tracks, ,spur,,. tracks,
be constructed and operated under this
cars upon said railroad shall not be
Z*fW66i, signals, telegraph and tele
franchise .shall be operated in con.
allowed to stand upon any"street oral -
phone lines with poles and, other at-
tael ments for use in connection there•
junction with and as a part of the
system of railroads owned .and operat•
ley intersection .in 'Such a manner as
with, and- all, necessary and appropri•
ed by said grantee.
to obstruct -t be use of said streets or
a':.(-.ys by vehicles or ,pedestrians.
ate appurtenances and_ appliances and
Other railroad facilities, for the carry,
SECTION 5.' That all wires or elec•
tric conductors shall be strung upon
SECTION 9. Provided that where
'
ipg. 3►f passengers, baggage, freight,.;
iprsa aiid`ma'il matter by means
poles or other Rxtures by the grantee
said railroad crosses East Sycamore
Street, East Center, -Street, East
of
scars and , locomotive$ pro elled by
stem, >tpoii;'along and acr.,certain
in good, work,
dike and proper man'
ner. -Said poles shank' be ismooth and
Broadway Street and East .South
Stet, in the City of Anaheim, the
ig suer✓its, highways,' alle$s and
straight and painted a uniform color
grantee of this franchise, its succes-
atliar b#6 Places within .the said
and where they are placed upon the
sors or assigns, shall, before the ope-
y,Ct1 y - An benm, County oVbrange,
streets of the City of Anaheim they
ration of trains for commercial pur-
, California, along the .routes,
shall be embedded firmly, in the earth
poses over said crossings, install and
the cei3ter lines of which are next
at ftch'-points as the Street Superin•
maintain an erect, 'automatic wig -wag
`he)elater, particularly , described;
tendent ,of the City 'of -Anaheim may
signal to warn the drivers of vehicles
namely:_
direct, ,and, . where possible,. inside of
and . pedestrians approaching said
(°Moate -1) 'Beginning at a point in
�e curb line of any ,pf� said , streets,
crossings, of , tae approach . of any
i e �nq�therly boundary of the City of ,
T
Said poles shall be kept and main
.. twined in an erect and upright post-,
trains over said tracks. _ Provided,
�
A he-,
said
, point being on the
nc+r h ane of North Street silty (60.) .
tion. 'Al electric.tran'smissfoi wires
however, that the signals for the pro-
tectfor of traffic hereinbefore describ-1
feet more or less west of the west line`
-;to _b6,strung,valong �sald right of way
-not
ed and in this paragraph mentioned
'
Of Drange pr<odueed; thetics• irr a gen-
shall _be ru}ig ;on.;sa d poles less
maybe th`M' ge'd and' shch other suits;_
orally southern direction across pri•
fate erty
than nineteen (19) feet above the
street surface. Said poles, wires and
ble protection devicea adopted for the"
street be
pro p g
and crossin the follow-
I Ing named streets and alleys at the
conductor's shall be placed and main.
tained interfere with the
Said crossings as may pre -
��i•ibed, by the Boardi of "Trustees of �
i points 1lernafter, specified;
sa, as not to
th_ City of Aanheim,-and approved by'
r
East INarth Street ata ai
Point nt_approx-
ordinary travel on the streets of the
City of or to obstruct the
ilad he State
tre Ra lroad Commission of
imately sixty (60) feet westerly of
westerly line of North Oranze. Stremt •
.Anaheim, x
free ingress or egress'to any rest-
-
of California It being unders tt+od'that
tate said crossing piotection shall not
Oar,, the said fr^^ a
may eaclud ._. .' ,a: gee, its sucees
cors and assigns,from further use of
the streets of the City. of An elm
under this franchise and said grantee,
its successors of assigns shall imme.
diately thereupon surrender all rightfi
in ,and to,the same �toith-City of ;Ana-
heim and said •franchise x,11 be
deeih'ed and remain void and ofno of-, j
feet.
SEG -TION` 14. • The City Clerk df the ,i
Qity of.Anahely. shalt certify to the`
Passage of this ordinance aad u�"use
the Ame to be published onceA the.
Anaheim Gazette, -a",weekly neWi}papeE.
published In the'' Crty' of A#Aheini
County of Manges State of Cal4f61,-
ni4, and thirty da s after, its passage,
it, shall take • effeet and be in , `fu8
force.
The foregoing- didfnanee is signed,
approved and atte ted by .me this 23rd
day of MlKeh, 192. .
( SEAL)
President of the Boae;rd o Trustees of
the City of A4sim�
Attest: ,
rwwart� n. m�tcxErbzf -
City Clerk of tl Cit &!-A sim.
State of'Califoraie:, County of -Orange,
City"oi' ABaheirii S�":= ' '�^
1, Edward li. <Merritt, City CdeW of _
the City -of Anaheim, do'herett-'-;
fy that the _foregoing a-0144. s
introduced at, a.regular illeeting• 'the
Board of'Trustees of the City df ,
heini held on the 9th day of;l�arch,;
1922, and that the same Wits ther6woa
laid over uptil;a regular meeting frt
the .Board of. ,TxustwV-- eld on the
23rd -day of March, 1922, and that -at -
,said regular meeting of said Board of
Trustees held'on the 23rd day or
March, '1922; said O Nance wi*as�paas-
ed and adopted by Attie foliowfng`oote,
Ayes: Trustee irk, Bac4 gates,
Mann and` Gibbs.
,Noes:' Trustees; None. '
Absent. �'`i'f'rustees, ,$Tbne.
' Ind' I further<ce 4tifp,:that the;,Vresi:
dent of the Board -of,'rrytstees of, -ire
Ing named streets and alleys :at the .
poylnts 'hereafter specified;
Vast North Street at a Po�jq-_approx-
JmAt4&1y• sixty' (40) feet westerly of,
westerly line of North Orange; Strerit;
Fast Wilhelmina Street it a D61ni
approximately sixty-six feet,; westerly
o`f` westeily line of North..,Orange
Street;
Itast Sycamore Street, ata .point ap.
proximately . one hundred. and, eighty
(180),feet westerly of westerly line of
North 'Orange Street;
`Alley between East Sycamore Street
and East Adele Street, at a point ap,
proximately one` hundred and ninety-
five , (195) feet westerly .of westerly.
line of North Orange Street.;
. h?ast Adele Street at a . point ap, -
proximately two hundred_ two (202)
feet westerly of westerly -.,line, of
North Orange 45treet;
Alley between East Adele.Street
and East Cypress Street- at . point
{ approximately two hundred live, (205)
k feet -westerly 01(w terly iineyo?North .
Orange Street;
East Cypress Street at. a .point ap.
proximately two 'hundred 'five (206)
feet westerly of -westerly, . line of
North`Orange Street;
Bast Chartres iStreet, ata point ap.
proximately twenty two (22) feet
westerly of westerly_ line of North
Atohisom`Streat; -
lrast Center Street, at a point ap-
p"#mately -- twenty-two (22) ifeet
westerly of westerly` line of North
Atchison Street;
Northerly alley between East Center,
Street and East Broadway Street,'at `a
point approximately twenfy-two ' (2 )
feet westerly ofwesterly line of South
Atchison Street;
64iutheriy alley -between i East ,Cen-
ter Street and East Broadway Street
Rt a point approximately twenty-two
,-(22) feet, esteriyaof westerly line of
"Soot >Atc n Street;
East Dr
gndway Strut at otnt
at a
Fly, of ; w;estetly. like
y between East Bros;
conductors shall be `placed, and main, I
twined -se; as not to inteffere with the
orditiary travel- on the streets a'f the
City of An or to obstruct the
'dente or building along said' streets.
SECTION 6. That the said grantee,
'its s4ieCd&ors or atsigns shall use ;t`fie
best`"m�terial in the construction- f
said ra' rodd and will place the entire
_portions of the streets, used by. its
tracks between the rails and for two
feet on each side thereof, and be,
tween!the tracks ,if there be more than
ane, in as good condition as said .
streets - now are, and Will keep the
same constantly in repair flush with
the streets and with good crossings,
the 'intention be}ng to keep the streets
along the tracks of said railroad ,in
such condition that the streets can
be used by the .public without difiiculr
ty and without vehicles cutting ruts
along the side of the rails of the said
railroad; and that certain rail known
as the 'Trilby rail, shall be used in all
paved streets over, along or across
which any such tracks shall be con
strutted, -and shall -be used Lin all
streets, alleys and other public places
hereafter paved, when the same are
paved.
In case the City of Anaheim shall
pave or macadamize thestreets across
or along which the said railroad 'shall
be constructed and operated then the
grantee of this franchise, its succes-
sors or assigns, shall pave or macad-
aulize said road between the rails and
between the tracks of there be more
than one, and two Meet on each sidb
thereof, with the'same material used
by the City upon the street oyer and
across which, the saidxailroad."shall be
constructed 'respectively; and shalt
keep the same'in repair flush with thh
streets and -provided with good and
suitable crossings. Prot*,ided further
that said grantee, its successors or as,
signs, nshall 'at its own dost and ex
pese, zlenstruct, repair and replace
day -and all side walks that may lie
distuibied' or iftlur'ed,•by the said gran -
westerly line of
:> et, a point
r=two (22) feet
Fly line of South
scribed, by the Board. of Trustees of
th t'ity of Aanheim, and approved by
the Railroad Commission of the State
fPWifrr - Ir a;n = i' 6JfiQe I pi�E
be changed without the.congest of both
bodies; unless after hearitlg before
Iiia Railroad Cornmissioin of the State
.of California and ut*4 notice of said
hearin 'tc the City of Anaheim, the
said Commission shall order said
charges. Provided further that the
said grantee of this franchise shall at
its `•own cast and expense, maintain
each' protection or signals to the Craw
eling public using other streets or al-
leys across which said railroad is con- '
,strutted, as may, hereafter be pre-
scribed by the Board of Trustees of
the City of Anaheim, and :approved by
the Railroad Commission of the State
of California.
SECTION 10. It is further prowid-
ed, and this franchise is given upon
the expressed condition that (exclus-
ive of delay, if any, caused by process
of law) work shall commence upon
the right of way herein given within
the period of twelve mointb�, , and the
whole road shall be completed through
said City within the period of eighteen
months from and •after the date of the
passage of this ordinance.
The above provisions as to temple•
tion ball not .apply to the construe•
ti of the second track of a double
track main line nor to the construe•
tion of switches, spur tracks, turn i
outs, side tracks or other appliances,i
structures, attachments or appute�
nances necessary .for tale purpose of
maintaining and operat`ibg such rail-
road. The completion of a single
.main line of track through 'the City of
Anaheim .from,,north to south over i
either of the routes above described
shall be deemed a completion of the
line through the city within the mean- i
ing of this aectio Provided, how-
ever, that nothwitstandn� anything
in this section contained, this fran-
chise shall, apI'ly' to an validly cover
P.1 portions of - the tricks of the
grantee In iso far as constructed with-
IR -any of its tracks, Said,, railroad in said period ofeeighteef3 months:
shAll;conform at •all',timos,Tto; lie1,es•" In the event that''any portion of the
t4tilished grades of East Sycamore
said railroad for which chis franchise.
Streit : fast Cypress Street, • East is, gi anted, except that described in
Chartres Street, East Center Street, Section One hereof as Route 2,48 un -
East Broadway Street and Fast Santa used or'unoperated for any period of
Ana Street, 'so that the tap of its rails ' six (6) months after the completion
shall be flush with the respectlVe , thereof, then this. franchise rshall be.
street grades at said respective cross -
Colne t4feixed, and all rights granted
ings -and t .all points of !crossing
.., under this franchise shall determine
With other: BtReeta alleys -amici elhe3 and Cease as to the unused portion oI
,public pl#eees withih the City of Ana
.heiin said Tallroad Aq_�Asnearly a
practicable co iorm': to the establish
ed grades of %aid :streets; alleys o
other; public ,places #I�n�tll_.ts'
the. same, nt the option of the City of
a Anaheimx and the Board of Trustees of
.,jhe City of Anaheim may declare the
t said franchise forfeited as to the un f
+tis 6r£-un6perated portion of : sato
rgaitjle said portion of Ysaid
EDW- If. MEk-RiTT,
City Clerk of the Anal elin.
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To 'Till slaalsom ;orsldalsa. 'load (n)
ontl-sluami slaivTuixodddu lined s IV
Iaadls svmpvojg 4sua put, 40-9.14S jai
•uOD' Isug uaamlaq sallu sljaglno.S,
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ORDIi?��? 42 0.
(a ORDINANCE OF TII1 CITY OF +�AIIEI�i G?;.i,TII?G TO LOS iti?GRLTS � 3�LT
LAIZ RAILR0,AD CO!' AFY, CCORPORATIOI?, TIU: TIGHT "'O COI?STRUCm AiTD
FOR A ?PERIOD 02 FIFTY YEARS TO 1,UIF TAIL A111) OPERATE A IJIi'E OF
STE1 .I RAILi(kAD, I'0�=ETIER V.ITH SPUR T ACYS, SIDE TRACKS P 'D OTHFR
RAI?,ROAD FACIT-ITIES, OVER IUID � 'ACROSS C":RTAIIT S'r'RFETS .011) OTHER
PUBT,IC PMACES ; It THE CITY OF
The Board of Trustees of the City of Anah'$im do ordain as
follows:
SECTIOI' 1. That the richt, privilege and franchise is hereby
Granted to ?os aeles F,� Salt Lake Railroad Company, a corporation,
organized under the laws of the State of Utah, and duly authoriz-
ed to transact business in the State of California., and to its
successors and assigns, to construct', and for the period of fifty
(50) years from the date .hereof to maintain and operate a line
of standard gauge steam railroad; either single or double track,
together with necessary turn outs, side tracks, spur tracks,
switches, signals, telegraph and telephone lines with poles and
other attachments for use in connection therewith, and all reces-
sary and appropriate appurtenances and appliances and other rail-
road facilities, for the carrying of passengers, baggage, freight
express and mail matter by means of cars and locomotives propell-
ed by steam, upon, along and across certain public streets,
highways, alleys and other public places within the said City
of Anaheim, County of Orange, State of California, along the
routes, the center lines of which are next hereinafter particu-
lady described; namely:
(Route 11 Beginning at a point in the northerly boundary
of the City of AnahFim, said point being on the north line of
north Street sixty (60) feet more or less west of the west line
of Orange produced; thence in a Spre rally southerly direction
across private property and crossing the following named streets
and alleys at the points hereafter specified;
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East .orth Street at a Anoint approximately sixty (60) feet
westerly of westerly line of 11orth Orange Street;
Bast Ajilhelmina Street at a point approximately sixty-six
(66) feet westerly of westerly line of north Grange Street;
ast Sycamore Street, at a point approximate 1y one hundred
and eighty (160) feet westerly of westerly line of 1Torth Grange
Street;
Alley between Bast Sycamore Street and East Adele Street,
at a point approximately one hundred and ninety-five (195) feet
westerly of westerly line of Forth Orange Street;
Bast Adele Street at a point approximately two hundred
two, (202) feet westerly of westerly line of North Grange Street;
Alley between East Adele Street and East Cypress Street at
a point approximately two hundred five (205) feet westerly of
westerly line of Forth 0`range Street;
East Cypress Street ata point approximately two hundred
five (205) feet westerly of westerly line of north orange Street;
East Chartres Street, at a point approximately twenty-two
(22) feet westerly of westerly line of 11orth Atchison Street;
ast Center Street, at a point approximately twenty-two (22 )
feet westerly of westerly line of North Atchison Street;
�. Northerly alley between East Center Street and East Broad -
wad Street, at a point approximately twenty-two �.(22) feet west -
e rly of westerly lire of South Atchison Strelet;
Southerly alley between East Center Street and East Broad-
way Street at a point approximately twenty-two (22) feet, west -
27 e rly of westerly line of. So izth Atchison Street;
28 Fast Broadway Street at a poirt approximately twenty-two
29 (22) feet westerly of westerly line of South Atchison Street;
30 ilortherly alley between Fast Broadway Street and Last Santa Ana.
31 Street, at a point approximately twenty-two (22) feet westerly
32 of westerly line of South Atchison Street;
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East .orth Street at a Anoint approximately sixty (60) feet
westerly of westerly line of 11orth Orange Street;
Bast Ajilhelmina Street at a point approximately sixty-six
(66) feet westerly of westerly line of north Grange Street;
ast Sycamore Street, at a point approximate 1y one hundred
and eighty (160) feet westerly of westerly line of 1Torth Grange
Street;
Alley between Bast Sycamore Street and East Adele Street,
at a point approximately one hundred and ninety-five (195) feet
westerly of westerly line of Forth Orange Street;
Bast Adele Street at a point approximately two hundred
two, (202) feet westerly of westerly line of North Grange Street;
Alley between East Adele Street and East Cypress Street at
a point approximately two hundred five (205) feet westerly of
westerly line of Forth 0`range Street;
East Cypress Street ata point approximately two hundred
five (205) feet westerly of westerly line of north orange Street;
East Chartres Street, at a point approximately twenty-two
(22) feet westerly of westerly line of 11orth Atchison Street;
ast Center Street, at a point approximately twenty-two (22 )
feet westerly of westerly line of North Atchison Street;
�. Northerly alley between East Center Street and East Broad -
wad Street, at a point approximately twenty-two �.(22) feet west -
e rly of westerly lire of South Atchison Strelet;
Southerly alley between East Center Street and East Broad-
way Street at a point approximately twenty-two (22) feet, west -
27 e rly of westerly line of. So izth Atchison Street;
28 Fast Broadway Street at a poirt approximately twenty-two
29 (22) feet westerly of westerly line of South Atchison Street;
30 ilortherly alley between Fast Broadway Street and Last Santa Ana.
31 Street, at a point approximately twenty-two (22) feet westerly
32 of westerly line of South Atchison Street;
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Southerly alley between East Broadway street and East Santa
Ana Street, at a noint approximately twenty-two (22) feet wester-
ly of westerly line of South Atchison Street; East Santa Ana
St eet at a point approximately twenty-two (22) feet westerly
We ar /y
Aline of South atchison street;
Portherly alley between East Santa Ana Street and 77ast ?Nate
Street at a point approximately twenty-two (22) feet westerly of
westerly line of South Atchison Street;
Southerly alley between east Santa Ana Street and Fast
Water Street at a point approximately twenty-two (22) feet west-
erly of the westerly line of South Atchison Street;
East slater Street at a point approximately ten (10) feet
west of the westerly line of South Atchison Street;
Fast South street at a point approximately fifty (50) feet
west of the westerly line of South Orange Street;
To a point in the southerly boundary of the City of Anaheim
approximately fifty (50) feet west of the westerly line of South
Orange street;
Including also the right to' cross any and all streets,
alleys and other public places along said route not particularly
hereinbefore mentioned; and also
(Route 2) Beginning at a point upon the above described
route midway between East Santa Ana Street and East `later Street;
thence in a generally southwesterly direction across private
property and crossing and laid along and upon the following name
streets and alleys at the points hereafter specified=
Southerly alley between East Santa Ana Street and past
;dater Street, at a point approximately eighty (80) feet westerly
of westerly line of South Atchison Street;
East ?later Street at a point approximately one hundred
seventy-five (175) feet westerly of westerly line of South At -
chicon Street;
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Along South Olive Street, from a point on the easterly line
of South Olive Street, approximately fifty-five (55) feet north-
erly of Northeast corner of the intersection of South Olive Street
and East South Street, to a point in the center line of South
Olive Street, approximately one hundred ten (110) feet southerly
of southerly line of Fast South Street;
Including also the right to cross any and all streets, alleys
and other public ple.ces along said route not particularly herein-
before mentioned.
.q'D;CTIOTI 2. Authority is hereby granted to use electricity
or compressed air, or both, either with or without steam, or in-
ternal combustion motors, either vrith or without steam, for the
purpose of propelling the trains and cars on the line of rail-
road constructed under the franchise hereby granted.
SEC TI oil 3. That said fr•anchi se is granted upon the terms
and conditions hereinafter contained and said grantee shall file
with the Clerk of the Board of Trustees of the City of Anaheim,
a written acceptance thereof within thirty days after the passage
of this ordinance.
3ECTIOS? 4. That the railroad to be constructed and operated
under this franchise shall be operated in conjunction with and
as a part of the system of railroads owned and operated by said
grantee.
SINTIOU 5. That all wires or electric conductors shall be
strung upon poles or other fixtures b17 the grantee in good,
workmanlike and proper manner. Said poles shall be smooth
and straight and painted a uniform color and. where they are
placed upon the streets of the City of Anaheim they shall be
embedded firmly in the earth at such points as the Street Super-
intendent of the City of Anaheim may direct, and, rhere possible
inside of the ci.zrb line of any of said streets. Said poles
shall be kept and maintained in an erect and �.ipr-iaht position.
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All electric transmission wires to be strum along said right of
way shall be strung on said poles not less than nineteen (19) feet
above the street surface. Said poles, wires and conductors shall
be placed and maintained so as not to interfere with the ordinary
travel on the streets of the City of ynaheim, or to obstruct the
free ingress or egress to any residence or building along said
streets.
32P C T 10111 6.
'2'hat the said grantee, its sucdessars
or
assigns
shall use the best
material in the construction of
said
railroad
and will place
the entire portions of the streets
used
by its
tracks between
and between the
the rails and for two feet on each
tracks i , be more than one,
side
in as
thereof,
good con-
dition as said
streets now are, and will keep the
same
constantly
in repair flush with the streets and smith food crossings, the
intention being to keep the streets along the tracks of said
railroad in such condition that the streets can be used by the
public without difficulty and without vehicles cutting ruts along
the side of the rails of the said railroad; and. that certain .rail
known as the Trilby rail, shall be used in all paved streets over,
along or across which any such tracks shall be constructed, and
shall be used in all streets, alleys and other public places
hereafter paved, when the same are paved.
in case the City of Anaheim shall pave or macadamize the
streets across or along which the said railroads shall be con-
structed and operated, then the grantee of this franchise, its
successors or assigns, shall pave or macadamize said road between
the rails and 'between the tracks if there be more than one, and
two feet on each side thereof, with the same material used by .
the city upon the streets, over and across which the said rail-
road shall be constructed respectively, and shall keep the same
in repair flush with the streets and provided with pood and suit-
able cro ssinps. Provided further that said grantee, its succesi
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1 ors or assigns, shall at its O"M cost and expense, reconstruct.
2 repair and replace any and all side walks that may be disturbed or
3 injured by the said grantee in the course of the construction of
tracks. Said railroad shall conform at all times to
4 any of its
5
the established. grades of fast Sycamore Street, mast Cypress
6 Street, East Chartres Street, East Center Street, East Broadway
7 Street and East Santa Ana Street, so that the top of its rails
8 shall be flush v=lith the respective street grades at said. respect-
9 ive crossings and at all points of crossing with other streets,
10 alleys and other public -places within the City of Anaheim said
11 railroad shall as nearli.7 as practicable conform to the establish-
12 ed grades of said streets, alleys or other public places; and at
13 all such points where it is not practicable for said railroad to
14 conform to such grades, approaches shall be constructed by the
15 grantee hereof with grades not in excess of four per cent, and
16 to the satisfaction of the Superintendent of Streets of the City
17 of Anaheim. All repairs made by the said grantee, its success-
18
ors or assigns, shall be made under the supervision of the Super-
19 intendent of Streets of the City of Anaheim.
20 In case the said grantee, ita successors or assigns, shall
21 fail to comply vTith the instructions given by said Superint4�r.dent
22 of Streei;s for iecessary repairs or for paving or macadamizing
23 any of such streets, or shall fail or redlect to so construct,
24 repair or replace said sidewalks or streets as aforesaid, for
25 ten (10) days after service of notice thereof, upon the Superin-
26 i tendent or 1rianayer or ether officer of said grantee, then the
27
Superintendent of Streets of the City of Arra beim may, with suit -
nter upon sail railroad or qny portion thereof
28 able assistance, e
29 and, do the work and. furnish the proper material, and keen an item
30
id account of the cost thereof, which said grantee, its success
I
31 ors or assigns, by the acerae tance of this franchise agrees to
32 pay promptly to the City Clerk of the pity of Anaheim, upon the
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presentation of the account to the 'resident, 711anager or other
officer of said grantee.
3 SECTIOU 7. That the said grantee, its successors or assigns,
4 shall comply with the provisions of all ordinances of the said
City of Anaheim, now in force or that may hereafter be enacted
5
5relative to the placing of poles, wires and street lights, and
7 making excavations in the public streets of the City of Anaheim,
$ or placing obstructions thereon.
9 SECTICE 8. That the said grantee, its successors or assigns
10 shall construct all necessary flumes and culverts for the free
11 Passage of storm water or water used for irrigation under the
12 tracks of said railroad wherever and wherever necessary, and that
13 all curves, aqueducts, turn outs and switches shall be construct -
14 ed under plans and specifications to be approved by the City En -
15 gineer or the Board of Trustees of the City of Anaheim.
16 It is understood that said grantee, its successors or assigns,
17 shall have the right to excavate and remove portions of the
18 streets necessary to properly construct said railroad and erect
19 the needful apparatus to properly equip and run the same. It be -
20 Ing further understood that the City, in making the grant of this
21 franchise, expressly reserves the right to pave, macadamize or
22 sewer any of the said streets or to lay vas, water or other pipes
23 thereunder; said work to be done so as to injure the said rail -
24 road as little as possible. Provided further that the cars upon
25 said railroad shall not be allowed to stand upon any street or
26 alley intersection in such a manner tis to obstruct the use of
27 said streets or alleys by vehicles or pedestrians.
28 S' CTIMT 9. -Provided that where said railroad crosses East
29 Sycamore Street, East Center Street, East Broadway Street,
30 S=t, and East South Street, in the City of Anaheim,
31 the grantee of this franchise, its successors or assivns, shall,
32 before the operation of trains for commercial purposes over said
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crossings, install and maintain an erect,^fib wig -wag sig-
nal to warn the drivers of vehicles and pedestrians approaching
said crossings, of the approach of any trains over said tracks.
Provided, however, that the signals for the protection of traffic
hereinbefore described and in this paragraph mentioned may be
changed and such other- suitable protection devices adopted for
the said street crossings as may be prescribed by the Board of
Trustees of the City of Anaheim* and approved by the Railroad
Commission of the State of California. It being understood that
the said crossing protection shah not be changed without the
consent of both bodies, unless after hearing before the Railroad
Commission of the State of Californi and upon notice of said hear-
ina to the City of Anaheim, the said Commission shall order said
changes. Provided further that the said grantee of this fran-
chise shall at its own cost and expense, maintain such protection
or signals to the traveling public using other streets or alleys
across Which said railroad is constructed, as may hereafter be
prescribed by the Board of Trustees of the City of !.naheim, and
approved by the Railroad Commission of the State of California.
SECTILE 10. It is further provided, and. this franchise is di
en upon the express condition that (e7,clusive of delay, if any,
caused by process of law) work shall commence upon the right of
way herein given within the period of twelve months, and the
whole road shall be completed through said City within the period
)
of eighteen months from and after the date of the passage of this
ordinance.
The above -provisions as to completion shall not apply to the
construction of the second track of a double track main line nor
to the construction of switches, spur tracks, turn outs, side
tracks or other appliances, structures, attachments or appurten-
ances necessary for the purpose of maintaining and operating sueb
railroad. The completion of a single main line of track through
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the City of Anaheim from
north to
south over
either
of the routes
above described shall be
deemed a
completion
of the
line through
the city within the meaning of this section. Proviaea, nowever,
that notwithstanding anything in this section contained, this
franchise shall apply to and validly cover all portions of the
4
tracks of the grantee in so far as constructed within said period
of eighteen months.
In the event that any portion of the said railroad for vrhich
this franchise is Granted, except that described in Section One
hereof as Route 2, is unused or unoperated for any period of six
(6) months after the completion thereof, then this franchise
shall become forfeited, and all rights granted under this fran-
chise shall determine and cease, as to the unused portion of the
same, at the option of the City of Anaheim, and the Board of
Trustees of the City of Anaheim *may declare the said. franchise
forfeited as to the unused or unoperated portion of said railroad
and the said portion of said railroad and rails and other equip-
ment forfeited to the City of Anaheim, unless thereafter promptl
removed.
SECTICT 11. That the City of Anaheim reserves and exeents
from the operation of the -rant of this franchise, the richt to
Grant such other franchises across, over, under and alone the
streets, alleys and +.rger>s as the lace now does and may hereafter
'' . :,,. permit
24 .
25°CTIOTT
12. .she City of 1a'neitm, nevertheless, reserves the
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right to lay, construct and maintain all water mains, gas or
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sewage pipes and storm drains under and along or across the right
28
of way herein Granted., provided that the same shall be so la d,
29
operated and maintained in such manner as not to interfere with
30
traffic over said railroad and said City of Anaheim likewise
31
reserves the richt to construct, and maintain whatever wires
32
and cables over, under, or along the richt of way herein granted
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1 it may deem necessary for the purpose Of transmitting electricity,
electric energy, telephone orxtal=��
2 erg
y,
13. 2,.ny neglect, failure or refusal to comply "lith
3
4 any conditions of this franchise for thirty days aftr-r i,,iritten
"notice from the Board of ^trustees of the City Of ATIR70-r7im, shall
6 be. ground -for a forfeiture thereof and the Board of Trustees of
7 the City of ilnaheim rfiRY thereupon declare the qai.d franchise
8 forfeite.d and may exclude said grantee, its successors and as-
ns from further use of the streets of the City Of Arrheim an-
9 t��
10 der thiti franchise an� RRid grantee, its successors or assigns
11 shall iMediately thereupon surrender all rights in and to the
12 same to the City of Anaheim and Said franchise shall be deemed
13 and remain void and of no effect.
7,CMI017 14. The CitT Clerk of the CitIT 0-
14
9f araheim shall Per-
15 tify to the passage of this ordinance and cause the game to, be
16 published once in the Anaheim Gazette, a weekly- ne1,,,Jspaper pub-
17 lished in the City of Grange,naheim, County Or Grange, Mate of Ca1i-
18 fornix, and thirty da',T-P after its it shall take effect
19 and be in -,Lull force.
20 rphe for.c—oinc, ordinance is signed, approved and attested by
21 me this Z 3 daZ7 Of March, 1922.
22 r
ri
-2resident 10-r Tqrl -_50ard o- 'gyrus t e
es
23 of the C i tIT of naheim.
24
Attest.
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C0T2I TY O 21 0: u nM: } SS.
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CITY 024
I, Edward B. Merritt, City Cleri; of the Citi of 11n.aheim, do
hereby certify that the foregoing ordinance was introduced at a
retiular meeting of the Board of Trustees of the City of 11.naheim
held on the 9th day of Harch, 1922, and that the same there-
upon laid over until a regular meeting of said Board of "'rustees
held on the 23rd day of ITarch, 1922,.and that At aeid regular
meeting of said Board of Trustees held on the 23rd day of I:?arch,
1922, said Ordinance was massed and adopted by the follovting vote:
AyF s
Trustees �� 1c % J6.
1,.oes: Trustees 4-o�,:
Absent: Trustees ---
i nd I further certify that the 2resident of the Board of
Trustees of the City of ,jnaheim signed said Ordinance on the
�, da,y of I;iarch, 1922.
IT I have hereunto set myT hand and affixed
r�
the official seal of the City of Lnaheim, this Z.3 t air of L arch,
1922.
S�6 City e Ci J o Anaheim.