Loading...
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. ' •Dp IIodnajagl svut ATlageuv To s)ID •IPjo IIu To suolslAOJd aqI ql?m old aril 3o saaisnsy To pd Vg DTII Pur To -11100 Reqs `su21sse dosic, @Dana s? •aaagl ednlleTdoT u aoj,p�ne-:3 aq tip I a04ued2 p?es"�I Iegy L N�Iy��S TAlagvizV To sl?j all, To saalsajy TO •aalAvd2. plus To deog nauog aql uzojT aaliou uaiiljm JalTe •T,o jagio do da2eupw 'Iuaplsejd Oql 04 SsuP nlalgl jo;• as[ goutmj slgl To, sgoll Iunoaae aTii To-uollvivasaad agl uodn •?puna sou gglm nlduToo 04� lesnTaj do 'TulageuV To All I j aqi To :sl?0 aql ejnllvT '4aalwou nuV - El NOI.LOg,S of sIIgUwad Au,d oI saoa2u asigouujT sa2us •sant algdud2alal do auogdalal `s<aa s?ql Tb, aouuidaaau agl sq`su2lssu .10 saossaaans sll 'aaluud2 ua aljl0ala 'lila?alaala 2ulll?uTSA.ud4 pleS galg:�4 ,.`3oadagl ISoa gill To Iunoaav pazlail to asodand agi DoT naussaaau utaap uv daaK, puu-`Ivljalutu jadoj(T aqi gsiTt 2uuT I1 palui_� ulaaaq AVm To lq2?a inj PIIv 31.10M Dill op puu_;oa.;agj uo?I egI 2u6lu d0` pun 'aano�=salqua liue -.ted Auu .10 puoaliva plug uodn aaiva SWIM aaealum Tlvlulum pus `i'wiais g 'aouvisissu algvllns IIIi t, `svua. utlagv •uoo 'DI I1q21j aql SOAJasa.T :jSLWa3jjl ',UV To si?O aqI To slaaalS To Iuapuaiul ullaguuV To sl? ptius pue pvc I,lva. dadnS gill uagi objuuj2 plrs To jaog p?ss done orllull gllm asaTaaiul oI IOU �To aaglo do, J02euvw do, luapualuldad su Jauuvun Tions ui paulululutu puu pa -IIS alp uodn ';oaaagi a0�liou To aoledas •jvdado 'piul os, oq ilegS awes DTII lerll jaiTu ssvP (OI) uaI JOT* `p?vsaaoTu sv PapinoJd 'paluvJ2 AlaJag num To Ig2lj sI•aadisas s3llvmapis plus aovldad do aqI ssodav Jo 21101u put: japan sulujp aludaa `lanjlsuoa os of ,Ioal2au do IpuT TAdOIs Puv sadid a2unAas do "2 sulvut TIMIS do '40a,Tis Bons To nuv 2ulzlTuu zalum itu II113IAI m puu lonjisuoa `nrl Pvavtu do 2ulnt;d ioj do, saludaa sjus of Ig2lj DTII saeJaSaa `ssalagl,tanau xulagsuV To s110 agy •ZT •saaau DoT slaajlS .-Q luapuaiuljadnS nq NOIyO�lS plus uael2 suoiigndisul DTII TIIIm .I?.utdad sldutoa of IIvT Hugs„: su2lssu do Sjos Jal;uaaag SUM pua saop mou mul aqI saaous sll 'aaluvd2„ plvs aqi asua uI ss s3javJ4 puv ssallu 'slaadls eqi 2uoly •uTlaquuv pu73 dapun 'JOA6 'SSOJov SoslgauvdT To silo 0114 To slaad;S TO Iuapualuljad ,tag4o gens luva2 0l 41421.1 oils 'aslv nS agI To Aolsjndadns atll .Iapun apum usjT S?q4 To IA'ed� aqT TO uollujodo eq ` IISgs 'su2lssu 10 saossaaons sIl egi utoaT sldoaxa puu• SDAJasaj Tatou 'aaluvJ2 plus aqI sq epuw saludad IIS Uv To sila aTli It'-Iy •ii NOI Das uzlaquTzV To sl?O. gl To si.aadlS 30 paulaq 1uapualuljadnS aqi ao ucilauTslius agi �aj sliduzojd da^IT�eaaagl ssalun `Tulag of pAu ` uea dad ane o ssaaxa ul.Iou I uuV' ;o Slio DTII . ol.; PDITe3 o; Iuaun .dtnba sapud2 glim Tcadaq aluvJ2 aqI nq pa dagga puu Sljtj puu' voallua 'Idndlsuoa aq_ llugs seclauOiddu `sopej2 MVS To uolldod plus a qI Fuu puoallua Bans; ol; tu,To;uoa of puodllij plus D1139 To uoildod: palsdadoun so pasn joT .aailn alquallovjd .Iou $? I? s1Alod `. ori agI oI su pailaido; asl auuaT plus jagi eons lits' Iu puu would allgnd daglo io ssallu `slaajls ajvlaap suTA TAlagvAV To sllO aql plus ;o sapva2 pa To saaisnjy To pjuoH a qI pup, ulagvu To slO 9111 10,11011(10 aqI `aTAvs Taisql}loquIsa. aTll of u zaoTuoa olquolVvu s duan ss,loudd ,IIv s utlag It OqI IO AOIIjOd pSAIIn agI OI StasuOo puu_ i uUV3Q IIO OTll ?ql?m sa3uld ollgnd hulls aslq puu= s6allu 5ago II?meunAdalap pa4uuJ2 s4g21j llu, puu 1pallaj4W aTuoj, . 2ulssoaa . To slulod ?Iu 911 pine s2ui aq llugsv eslgauudT SMI uagx 'Toaaagl ss;odo anlloadsaa plus lu •sapuj2 Iaaals � aollaldutoo aqI jalye sgluoT (g) xis anlgoadsaa agI, gljm gsnS aq dugs, to polaad AUU Jo -T paiudadoun do pasn; Silva sil To dol agl'ivql OS 'Iaadls vuv An sl• `y alnog su Toadagquo u.olloaS -nl.uvs Isua puu IaaalS nl mpub-ag IsvH. ut pagtaasap Ivgl idaaxa 1paluua2-Si DIS aaiva� Isv 'IaaaISR sajl`j'gO ` asi oAud sit q' 3 Il-galgm jog Pvoalluj plus an i _`laadjs Ssa lds0. Isva :laaxis I agl To uollaod Au' lugs Juana agI ui ejoTuvoss Isva To sspva2 poTlsllg3I 'SglIIol#t uaaig2la To Poldad pits m •Sa .Gqj 01vseuzll ,Ila l.,u utaoTuoo 'i104s •s3laSdi TIIItA palanjisuoa su ju; os ul aalaud2 Pvojlluj pit's sig To nuv Te aTll TO sKat al 0,114 To suollaod ilu Ttollanalsuoa aqI To asano0 ago IIl gal Dana Xiptlun, uu of Asda Iings aslgo AvJ2 plus aqI sq podnfui do paglnisip usiT slgl `peu?vluoa uoilaas slgl. ur . aq num Iugl S-YlIu.m apps IIv PUB stre gATglnuv, �At uu P I�IIImgIaA IVIij 'Jana aouldaa puu aiudad 'Iandls'ucoad 'asuad • s meg 'papinoJd oiiaac Snuff To rug xa Puv ISO? Amo sol I•v tietls 'su2rs At:atu agl u?qI?m sI10 aqI T[2nodt,i null sv do sjossaaans sll `aalaud2 plus jugl j9glJnj 0111.To uollalduzoa v pamaap aq llvgs Papinojd s2ulssoda alqulins I pagljasap aaogv sal.noa aTii jagila put; .--pool gllm, Papinodd Puv sioadls To q TT'1 MTn -•TiC _rTVd.r —T (..T. -..., a-_— anlg-sluanas pajpung Duo slalsutlxojd -du iulod v iv, IaadlS jaluW ISVa. glnc Iaajls A IgaIV S 3o Dull slaalsamo sijalsam IaaT. (08) s111219 slalua"iixoldds lulod v j Tu 'IaaalS jaium )sug pIIs IaaalS; 1@uV TTIuus isua Aaamleq Aaliu slaaglnoS a .q` s ; paBpaads sal;s lulod a ql Is Shjlu Puu slaajls pauxpu 2ujmoilOJ aqI ur6dm-pus,_3IIola niul put 2ujssoja pine sljado,td alsnljd esodpu uollaaslP ..s[daisaratlinos sllsa9 ,u02:v ul aagaTil ;3 -gams jal'e� I• .. t>Au IaaalS uuV 'elARg Issrf.uaamlaq sumplun Dined paglaosap 8nogre agl-uo do imod v i'' 2Alual2ag Q ging,) oslu pus !pauolluaTu 810,;aqulasa3l Al -avinailjsd IOU elnoa plu 2ualV- Saauid ollgnd aaglo puu ssallu 'slaaala IIs pus xuu ssOJa of ITOIJ 044 oslu 2u1pnloul. :IaaalS. a2rzuj0 TlInoS To. Dull s1a41sam aqI To Isam IaaT (09) Am, dlalstu ' Ixolddu TAlaguuV ;o dyli} eql do ,Sas •punoq silaglnos all, Ill julod s oy '490d4S a2uuj0 tllnOS ;T) aAIP Ala91e0AL aTll To lsamIaaT (09) iju A101-mIx0ad du IIIIod s IS laaj - gingg ansa .laajlS AoslgoiV TiIIIos To Dull slaalsam DRi To ISam •lay (6i),. ual- stalsungoad du IAlad v Iu Joe JIS 104V A A Igsa :49,9418 uaslgoiV tnnog TO cull siaalsa u a.gl To' siaalsam feat (tiZ)j omi-slIIaenl s107UTIIlxoadds yulod u Te,:IaaalS'ala lsug pus; JaaalS vUv 'nuns Ism, 089k3eq daily' xljaginoS :IaaalS uosltloly Tt4noS 3o attil slaelsam TO AjJal,€am Iaa; (ZZ) aml-�Sluaenl dieluunxoaddv Dined' z Iv 499-TISaaiu� ISsa, puu IaaaIS suV 'JIIBS Is'sa uaamlaq .falls AjjQgljoN glno :Isaal CCoj3.}�7` S Ta soil sida3sau agl To sltalsaia IaaT (ZZ) oml-sluaeyi nlalsut xoad julod u l 18202 ; tuv �iiuss 19s `IaaalS uosi�tjby g7nos do. Dull sldalsam ;o 51.194 am 1a9; (m) OMI-sluam,I slaluitttx'bj s 3II1bd v Is -1 'laedlS 'e.u- T .vIuuS. lss .-Pus IaaalS sum 1 -Puoag Isla uaamlaq Balis Aljatljnu 79WIS tloa`IgolV, Minos . To OUT .ijaalsa,a ;o ArJ04sam IaaT° �ZZ) opnl-Xluami slaluulixoadds jujod s Is I adiS PPV uIAuS let,a pIIG" IaDtIS dsM l •P`eojg TsVg Aaamlreq :Salla �laatTl tax :Iaaj�S TtospRalV glnoS ;o GALL sjdalsam ;o Alaalsam I@111' 111i'�Z-) -omi _ sluaml °4ei xmzoid g III?oo u Iv I6a1IS suanpsajg jvVa .4091is AouppitV ulnos 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, 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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; - l - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 19 ti. 20 22 26 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; 2 23 24 25 26 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; 2 1 2 3 4 5 6 7 8 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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; _ 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 5 - 1 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 -6- k 1 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 26 right to lay, construct and maintain all water mains, gas or 27 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 - 9 - 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. 25 26 -C-Ity-aler= -�I 27 28 29 30 31 32 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SmnM Oen C0T2I TY O 21 0: u nM: } SS. } 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.