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