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HomeMy WebLinkAbout59-294 RESOLUTION NUMBER 59-294 permitting~he Atchison, Topeka and Santa Fe Railway Company to lay its railroad track and to run its cars on Ritchey Street in the City of ~anta Ans. The City Council of the City of Santa Ama does resolve as follows: SECTION 1: The right is hereby granted to the Atchison, Topeka and Santa Fe Railway Company to lay its railroad track to run'its cars on, along and across Ritchey Street in the City of Samta Ama over the following described portions of Rit they Street: PARCEL 1. A strip of land seventeen (17) feet in width, the center- line of which is described as follows: Begf~fug at a point on the East line of Ritchey Street, Fifty (50) feet wide, 956.7 feet Southerly meaeured along said East line, from the South line cf McFadden Street, forty (40) feet wide and running thence Northwesterly in a straight line to a point on the West line of said Ritchey Street which is 945.~feet Southerly, meaeured along said West line, from said South line of McFadden Street, said seventeen-foot strip being bounded, Easterly and Westerly by the uture ~sterly and Westerly lines of said Ritchey Street~ 84.00 feet wide. PARCEL 2. A strip of land seventeen (17) feet in width the centerline of which is described as follows: Beginning at a point on the East line of Ritehey Street, fifty (50) feet wide, 961.00 feet Southerly, measured along said East lin% from the South line of McFadden Street, forty (40) feet wide and running thence Westerly in a straight line parallel with the centerline of said McFadden Street to the West line of said Ritchey Street, said seventeen-foot strip being bounded Easterly /~uture and Westerly by the Easterly and Westerly lines of Ritehey Street, 84.00 feet wide. SECTION 2: The said right is granted upon condition that the said grantee, or its successors and assigns, shall plank or pave or macad~mfze the entire length of said route along, which said road may be constructed across said Ritehey Street for the entire width of the seventeen-foot strips, and shall keep the same constantly in repair, flush with the streets, and provided with crossings for all kinds of vehicles and all necessary and proper flumes and culverts for the free and uninterrupted passage of the water under said track from lands higher than said track or road bed is required to be and the track shall not be more than five feet between the rails, and provided further that t he laying of said track shall conform in all cases, where any grade has been established, to such grade, and in all other cases to the natural grade of the street through which it may run, and when at any time any part of said route shall be graded, or the grade thereof changed or altered, the bed of the road and the tracks thereof shall be made to conform therewith. And that no side track nor switch, shall be constructed, except in places designated by aaid City Council of the City of S~ta Ana. And upon the further condition that the said Company shall lay its said track within the period of twelve months from and after the date of the taking effect of this resolution. SECTION 3: It is expressly understood that the City of Santa Ana, in ms,tug the grant of this permit , expressly reserves the right to grade, sewer, pave, macadamize, improve, alter or repair all of said street and any part thereof, and to lay sewers or pipes for water, gas or other purposes therein; such work to be done by the City so as to obstruct or injure the road as little as possible; but, when work med~s the same necessary, the owners of said road must shift the rails so as to avoid the obstruction made thereby. It is further understood that this permit is specially granted upon all and each of the provisions and conditions herein contained; and if the grantee or its assigns shall fail in any particular to comply therewith, or with either of them, then, and in that case all right to this permit shall be thereby forfeited and this grant be null and void, and that nothing herein contained shall be construed in any manner as granting an exclusive franchise. PASSED AND ADOPTED by the City Council of Santa Ana at its reg~ular meeting held on the 16th day of November 1959o ATTEST: Clerk of the ~ouncil STATE OF CALIF0~NI~ COUN~ OF O~NGE )SS CITY OF SANTA ANA ) I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; and that the foregoing resolution was regularly introduced to said Council at its regular meeting held on the 16th day of November 1959, and was at said meeting regularly passed and adopted by the following vote, to-wit: COUNCILMEN Royal E. Hubbard, Stanley 4. Gould, Jr., Dale H. Heinly, BobBrewer, A. A. Hall NOES, ABSENT, COUNCILMEN COUNCILMEN Non~ None Clerk of the Council