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HomeMy WebLinkAboutOrdinance No. 395ORDINANCE NO. Z95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, LOS ANGELES COUNTY, CALIFORNIA GRANTING TO CONSOLIDATED ROCK PRODUCTS COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT AND MAINTAIN A SPUR -TRACK ACROSS CENTER STREET. The City Council of the City of Azusa) .California" doers ordain as follows: or a period ending Jan.*•1, 1966 SECTION 1: That Consolidate op Products Company, a corporation, organized under the laws o hb— State of Delaware, is hereby granted the right to constructsandn maintain and operate trains and cars over a standard gage ragTway track across Center Street in the city of Azusa, the center line of which track at said ,crossing shall be on a course South ten degrees (10 degrees)' thirty-one minutes (31 minutes) East and. intersect the center line of said Center Street at a point distant Two Hundred Sixty six and forty hundredths (266.40) feet Westerly measured along the center line of Center Street from the East line of Lot Thirty-three (33), Subdivision Number Two of the Azusa Land and Water Company, as per map recorded in Book 43, Page 94, Pliiscellaneous Records, in the office of the Recorder of Los Angeles County. SECTION 2. The terms and conditions upon which said right is granted are as follows: ' 1. Said track shall be laid, constructed and maintained in all respects under the supervision and to the satisfaction.of the Superintendent of Streets of said City. 2. That said grantee shall at its own cost and expense pave or macadamize the said street between the rails of said track and for two feet on each side thereof with the same material and in the same material and in the same manner and under the same specifications as the adjoining portions of said street are now or ,may hereafter be improved and. shall also at such times as future improvements of said street shall be made adjoining said track simultaneously improve said street between the rails of said track and for a distance of two -feet on each side thereof with the same material and in the same manner and under the same specifications as the adjoining parts of said street shall be improved and shall keep the same constantly so paved or macadamized or otherwise improved and in repair, flush with the street, and shall make the roadbed conform at all times to the established grade of said street. 3. That said grantee shall construct all necessary culverts and conduits for the free passage of water under said, track wherever and whenever so required to do so by the City Council of said City of Azusa, at such points as may be designated by and in accordance with plans and specifications approved by said Board of Trustees. - 1 - 4. That no cars shall be allowed to stand upon said track in said street in such manner as to obstruct the use of such street by vehicles or pedestrians. 5. That if rock, gravel, sand or other material shall fall from any cars on said track into the said street, said grantee shall, upon being notified so to do by the Street Superin- tendent of the City of Azusa, remove such rock, gravel or sand from -said street. 6. That said grantee shall, before moving or propelling any engine, train or car across said Center Street, give due warning to persons traveling along said. street by a flagman, or such other means as the said City Ofthellaof the City of Azusa may determine will be necessary, of the approach of such.engine, train or car. 6j. That said grantee shall install and perpetually ' maintain at a point between 50 feet and 100 feet'Northerly of and from said Center Street, on its said track, a derailing device which shall be satisfactory to the City Engineer of the City of Azusa. 7. That any failure, neglect or refusal of said grantee, its successors or assigns, to comply with any of the terms and conditions hereof shall thereupon immediately ipso facto effect a forfeiture of all rights hereunder, and said City of Azusa by its City Council may thereupon declare such rights forfeited and may exclude said grantee or its sucdessors or assigns from further use of said street under this ordinance, and said grantee or its successors or assigns shall thereupon immediately surrender all rights in and to the same and all rights granted hereunder shall become and remain null and void. 8. The City of Azusa hereby reserves the right to oil, pave, macadamize or renew said street, or to lay sewers, gas pipes, water pipes, or other pipes, or to place conduits thereon, such work to be done so as to innure the said railroad track as little as possible. SECTION 3: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published once in the Azusa Herald and Pomotropic, a weekly newspaper of general circulation, published and circulated in the City of Azusa, which newspaper is hereby designated for this purpose. ATTEST: 1,2 M. A. Ryneylerk ^' - 2 - �x ayo) f� tyof A a- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS "= I, M. A. Hynes, City Clerk of the City of Azusa, Los Angeles -County, California do hereby certify that the foregoing Ordinance .was duly introduced at a regular meeting of the City Council of the City of Azusa held on the 1 day of December, 1947 in the regular Council Chambers of said City Council in said City; that said Ordinance was placed upon its first reading at said regular meeting December 1, 1947; that thereafter said Ordinance was duly and A'regularly passed and adopted by said Council, signed and approved by the Mayor and attested and approved by said City Clerk of said City at a, regular meeting of said Council so held in the regular Council Chambers at the next regular meeting of said City Council on the 15th day of December 1947, and the same was passed and adopted by the following vote of the Council: AYES: Councilmen: Noes: Councilmen: Absent: Councilmen: Nasser, Memmesheimer, Malone, Dickerson. None. None. Councilman Jumper not voting. I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic on the 24 day of December 1947, a newspaper of general circulation, printed, published and circulated in said City of Azusa and that the same was published in accordance with law. ulty Clerk of t ty o zusa Publish December 24, 1947