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HomeMy WebLinkAboutOrdinance No. 101r ORDINANCE N0. AN ORDINANCE OF THE CITY OF AZUSA GRANTING TO LOS ANGELES INTER -URBAN RAILrAy COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, A14 -D FOR THE PERIOD OF FIFTY (50) YEARS TO OPERATE AIM MAINTAIN A SPUR TRACK OVER AID ALONG CERTAIN PUBLIC STREETS AND OVER PRIVATE PROPERTY 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 con- struct 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, and the right to construct, maintain.and operate two additional yard tracks as hereinafter provided; 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. 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 ,',point in the center line of the north 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 north track, sixty-five (65-) feet from the west line of San Gabriel Avenue in said City of Azusa; thence from said point of beginning North 880 08' East, twelve and twenty- eight hundredths (12.28) feet to the point of beginning of a curve concave to the North and having a radius of 445.73 feet; thence Easterly along said curve, forty- nine and one hundredth (49.01) feet to the and of said curve; thence North 81° 501 East, six (6) feet to the point of beginning of a 200 curve concave to the North; thence Northeasterly along said 200 curve ninety and eleven hundredths (90.11) feet to the end of said curve; f _ � f thence North 630 501 East, thirteen and sixty-five hundred- ths (13.65) feet to a point in the East line of San Gabriel Avenue distant North thirteen and seventy-nine hundredths (13.79) feet from the Northeast corner of San Gabriel Avenue and Ninth Street; thence continuing said course of North 630 50' East, four and segenty-three hundredths (4.73) feet to a point; thence North 650 42' 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-nine and one hundredth (49.01) feet to the end of said curve; thence North 72° 00' East, six (6) feet to the point of beginning of a 20° curvelconcave to the South; thence Easterly along said 20° curve, ninety and eleven hundredths (90,11) feet to the end of said curve; thence East four and fifty-three hundredths (4.53) feet to a point in the East line of that certain alley extending Northerly from Ninth Street between San Gabriel Avenue and AMusa Avenue, in said City of Azusa, said last mentioned point being North along the East line of said alley, fifty-four and fifty hundredths (54.50) feet from the North line of. said Ninth Street. Together with the right to construct, maintain and operate, across said alley, two (2) additional yard tracks between the track, the center line of which is above described, and the North line of Lots Eleven (11) and Twenty-three (23), in Block Twelve (12) of the Town of Azusa, as per map recorded in Book 15 of Miscellaneous Records,of hos Angeles County, at page 93 thereof. 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 improved 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 other wise 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- S f 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 or 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 -macada- mize, 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- t,are of the rights and privileges hereby granted; and the said City by its Board of Trustees may thereupon declare said rights and privileges forfeited, and may exclude said Los Angeles -3- y t , 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 a weekly newspaper publis'_.ed and circ,:lated in `he City of Azusa, and thereupon and there- after it shall take effect and be in force. I hereby certify that the foregoing ordinance was adopted at a regular meeting of the Board oxf Trustees of the City of Azusa held on the ,'? a day of 1907, by the following vote! Ayes: Noes! or Trustees of the City of Azusa. Approved this v Q ay of 1907 residen o th ard0 Trustee of e City of Azusa. H-3 cys . -4- Los Angeles, To.the Honorable, The Board of Trustees" of the City of Azusa. Gentlemen: - Cal., *December 23, 1907 The undersigned, Los Angeles Inter -Urban Railway Co., respect- fully petitions your Honorable Body to grant to it the right and privilege to construct and for the period of fifty (50) years to operate and maintain a railroad spur track over and along certain public streets in the City of Azusa, the center line of said spur track being particularly described as follows, to -wit: Beginning at a.point in the center line of the North 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 North track, sixty-five (65) feet from the West line of San Gabriel Avenue in said City of Azusa; thence from said point of beginning North 88° 081 East, twelve and twenty-eight hundredths (12.28) feet to the point of beginning of a curve concave to the North and having a radius of 445.73 feet; thence Easterly along said curve, forty-nine and one hundredth (49.01) feet to the end of said curve; thence North 810 501 East six (6) feet to the point of beginning of oa 200 curve concave to the North; thence Northeasterly along said 20 curve ninety and eleven hundredths (90.11) feet to the end of said curve; thence North 630 50' East, thirteen and sixty-five hundredths (13.65) feet to a point in the East line of San Gabriel Avenue distant North thirteen and seventy-nine hundred- ths (13.79) feet from the Northeast corner of San Gabriel Avenue and Ninth Street; thence continuing said course of North 630 50' East, four and seventy-three hundredths (4.73) feet to a point* thence North 650 42' East, twelve and twenty-eight hundredths 112.28) 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-nine and one hundredth (49.01) feet to the end of said curve; thence North 720 001 East six (6) feet to the point of beginning of a 20 curve concave to the South; thence Easterly along said 200 curve, ninety and eleven hundredths (90.11) feet to the end of said curve; thence fast four and fifty-three hundredths (4.53) feet to a point in the East line of that certain alley extending North- erly from Ninth Street between San Gabriel Avenue and Azusa Avenue, in said City of Azusa, said last mentioned point being North along the East line of said alley, fifty-four and fifty hundredths (54.50) feet from the North line of said Ninth Street. Together with the right to construct, maintain and operate across said alley, two additional yard tracks between the track, the center line of which is above described, and. the North line of Lots 11 and 23 in Block 12 of the Town of Azusa, as per map re- corded in Book 15 of Miscellaneous Records of Los Angeles County, California, at page 93 thereof. Draft.of an ordinance providing for the grant of said right and privilege is submitted herewith. E Respectfully, LOS ANGELES INTER -URBAN RAILWAY COjApANy By Chief + ineer. r Los Ahreles, Cal:, December To the honorable, The Board of Trustees ! Gentlemen: of the City of Azusa. The undersigned, Los Angeles Inter -Urban Railway Co., 5 respectfully petitions your Honorable Body to grant to it the right and privilege to construct and for the period of fifty (50) years t:; operate and maintain a railroad spun- track over and along certain public streets in:th.e'City pf.Azusa, the cen- ter line of said spur track being 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 Soldan.o 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 810 501 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 a 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. Draft of an ordinance providing for the grant yf said right and privilege is submitted herewith. Resp ectful].y, LOS ANGELES INTHR-UURB�ANp�RAILWAY COI&PANY Chief-ineor.