Loading...
63-0039RESOLUTION NO. 63R- 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING TO SOUTHERN PACIFIC COM- PANY A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A STANDARD GAUGE RAILROAD TRACK AT GRADE UPON AND ACROSS AN ALLEY SOUTH OF BROADWAY AND WEST OF ATCHISON IN THE CITY OF ANAHEIM. Eng (2) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: The City of Anaheim hereby grants to the Southern Pacific Company the right, privilege, and franchise to construct, maintain and operate a standard gauge railroad track at grade upon and across an alley located between Atchison and Kroeger Streets and 1342 feet south of Broadway in the City of Anaheim, as requested in application for permit on file in the office of the City Clerk of the City of Anaheim, said grant of franchise being subject to regulations and conditions within the jurisdic- tion of the City of Anaheim, all conditions as set forth in the franchise granted to said Southern Pacific Company by the City of Anaheim dated June 8, 1948, and subject to reasonable regulation of the City of Anaheim with regard to installation and maintenance of safety devices, along the following described center line: Beginning at a point in the northerly line of said alley, southerly 134.5 feet, more or less from Broadway, distant westerly along said northerly line 6.65 feet from its intersection with the westerly line of Atchison Street; thence southerly in a direct line parallel with said Atchison Street 20 feet to the southerly line of said alley. The above track is shown in red on print marked "Drawing B-4106, Sheet No. 3, dated revised November 28, 1962," attached to the above mentioned application of Southern Pacific Company for this franchise. This franchise and privilege is granted and shall be held and enjoyed only upon the provisions and conditions pres- cribed by law and those contained in this resolution. The above railroad track shall be laid at grade with the alley and alley structural section as approved by the City Engineer of the City of Anaheim. Said railroad track shall be operated under such restrictions as not to interfere with the use of the street by the public, and said track shall be operated under such regulations and conditions as may be prescribed from time to time by the City of Anaheim. Said railroad track shall be constructed, maintained and operated for industrial purposes only as a connection between the present constructed railroad track of the Union Pacific Railroad Company and the present construction of Southern Pacific Company railroad tracks for the transportation of freight only. The Southern Pacific Company shall construct, maintain and operate said railroad track at no expense to the City of Anaheim. -1- The existing 6 -inch vitrified clay pipe sanitary sewer within said alley shall be encased with Portland Cement Concrete for a minimum distance of ten (10) feet on each side of the railroad track center line. Said encasement shall meet with the approval of the City Engineer of the City of Anaheim and shall be constructed at no expense to the City of Anaheim. Installation and maintenance of safety devices and other crossing protection facilities which are now or may be required in the future by the City of Anaheim shall be provided by the Southern Pacific Company at no expense to the City of Anaheim. The City Clerk shall certify to the passage of this resolution and thereupon the same shall take effect and be in force. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of January, 1963. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 8th day of January, 1963, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 8th day of January, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of January, 1963. -2- AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None