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HomeMy WebLinkAboutOrdinance No. 1020 e O R D I N A N C E — -.. N 0� Aid ORDINANCE OF THE CITY Or A7USA GRAITTING TO LOS ANGELES INTER -URBAN RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, `.CTIA; RIGHT TO CONSTRUCT, AND FOR THE PERIOD OF T+'l'F"1'i' (50) YEARS TO OPERATE AIQD MAINTAIN A SPUR TRACK OVER AND ALONG CERTAIN" PUBLIC STREETS IN SAID CITY. The Board of Trustees of the City of Azusa do ordain as follows: Section 1. That the right and privilege be and the same is hereby granted to Los Angeles Inter -Urban Railway Company, a corporation, its successors and assigns, to construct a spur track over, along and upon those portions of public streets in the City of Azusa hereinafter described, and, for the period of fifty (50) years to operate and maintain a railroad thereon, together with the right to construct and maintain all necessary switches, turnouts and curves from such spur track to private property; provided that said railroad shall be constructed and at all times operated and maintained in accordance with and subject to each and every of the terms and conditions of this ordinance and not otherwise. e Section 2. That the center line of the spur track to construct, operate and maintain which the right and privilege is hereby granted, is particularly described as follows, to -wit: Beginning at a point in the center line of the south track of the Los Angeles Inter -Urban Railway Company on Ninth Street in the City of Azusa, in the County of Los Angeles, State of California, said point of beginning being distant west, along the center line of said south track, one hundred ninety-three (193) feet from the west line of Soldano Avenue in said City of Azusa; thence from said point of beginning, South 880 08' East, twelve and twenty-eight hundredths (12.28) feet to the point of beginning of a curve concave to the south and having a radius of 445.73 feet; thence easterly along said curve, forty-eight and ninety-three hundredths (48.93) feet to the end of said curve; thence South 810 50' East, fifty-one and seven hundredths (51.07) feet to the point of beginning of a 100 curve concave to the north; thence easterly along said 100 curve, eighty-one and sixty- seven hundredths (81.67) feet to the end of said curve; thence east along a line parallel to and six and five tenths (6.5) feet north of the south line of said Ninth Street, to the east end of said Ninth Street in said City of Azusa. Section 3. That the roadbed and rails to be laid under the right and privilege hereby granted shall be so constructed and maintained as to conform at all times to the established official grades of the streets over, along or upon which said roadbed and rails are laid; provided, however, that where any Of said streets have been graded or otherwise impnoved prior to the granting of said right and privilege, said roadbed and rails shall conform to and be flush with the surface of said graded or otherwise improved street or streets, whether such surface be above or below the official grade or grades of said street or streets; provided further that upon any re -grading or improving of said street or streets said roadbed and rails shall,, by said grantee, or its assigns, be placed upon and made to conform to said re -grading. That the said grantee or its assigns shall pave, gravel, plank or macadamize the said roadbed whenever the same crosses or occupies any part of the streets hereinbefore mentioned, between the rails, and between the -2- tracks and for two (2) feet on each side thereof with the same material as is used by the said city, and under the same speci- fications, and in the same manner as said streets are now or hereafter may be paved, graveled, planked or macadamized; said work to be done under the direction and to the satisfaction of the Board of Trustees, or Superintendent of Streets of said city. And in case the said grantee, or its successors cur assigns, shall fail to comply with the instructions given by the said Superintendent of Streets, or said Board of Trustees, for ten (10) days after the.service thereof upon the said grantee,, or its assigns, in the City of Azusa, the said Super- intendent of Streets shall enter upon the road of said grantee, or its assigns, and shall do the said work as ordered by the said Board: of Trustees; and the said superintendent shall. keep an itemized account of the cost of the work .so done by him, which cost the said grantee and its assigns, by the acceptance of the right and privilege hereby granted, agrees to pay imme- diately upon the presentation to said grantee, or its assigns, or to said manager or agent stationed at the City of Azusa. Section 4, That the City of Azusa expressly reserves the right to pave, macadamize, sewer, or to re -pave, re -macadamize, and re -sewer any and all of the streets or alleys along or . across which the right to construct said railroad is hereby granted, and to lay gas, water and other pipes therein or thereunder; such work to be done in such a manner as to injure the said railroad as little as possible. Section 5. That any failure, neglect or refusal on the part of the said grantee or its assigns to observe or comply with any of the terms and conditions in this ordinance con-. tained, shall thereupon immediately ipso facto work a forfei- ture of the rights and privileges hereby granted; and the said City by its Board of Trustees may thereupon declare said rights V and privileges forfeited, and may exclude said Los Angeles Inter -Urban Railway Company, its successors and assigns, from further use of the streets of said City thereunder, and the said grantee, its successors and assigns, thereupon and imme- diately shall surrender all of said rights and privileges, and the grant thereof hereby made, shall immediately become and be deemed and remain null and void and of no effect. Section 6. The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in U �, a weekly newspaper published and circulated in the City of Azusa, and thereupon and there- after it shall take effect andbe in force. I hereby certify that the foregoing ordinance was adopted at a regular meeting of the Board of trustees of the City of _IA - Azusa iiVl Azusa held on the & _day of , 1902, by the following vote: Ayes: Trustee Noes: Trustees .L I Approved this 3 day of e on _' uizy ulerx and (Aeric ax the Board of Trustees of the City of Azusa. 1502. President W th d of Trustees . of the City of Azusa.