HomeMy WebLinkAboutOrdinance No. 398ORDINANCE NO, 398
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 4
SPUR -TRACK ACROSS FOOTHILL BOULEVARD.
The City Council of the City of Azusa, California does
ordain as follows:
SECTION 1: That Consolidated Rock Products Company,
a corporation, organized under the laws of the State of
Delaware, is hereby granted the right to construct and for a
period ending January 1, 1968 maintain and operate trains and
cars over a standard gage railway track across Foothill
Boulevard 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 Foothill Boulevard at a point distant two
hundred sixty-six feet Westerly measured along the center line
of Foothill Boulevard 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, Miscellaneous 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. Thai 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 roabed conform
at all times to the established grade of said street.
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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 City Council.
4. That no care 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
Superintendent 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 Foothill Boulevard, give
due warning to persons traveling along said street by a flagman,
or such other means as the said City Council of the City of
Azusa may determine will be necessary, of the approach of such
engine, train or car.
0. That said grantee shall install and perpetually
maintain at a point between 50 feet and 100 feet Northerly of
and from said'Foothill Boulevard 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 successors 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.
B. 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. Ordinance No. 395 duly passed and adopted
on the 15th day of December 1947 and all other ordinances or parts
of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published once in the
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Azusa Herald arid Pomotropic, a weekly newspaper of general
circulation". published and circulated in the City of Azusa,
which newspaper is hereby designated for this purpose.
ATTEST:
j 2�,L2
PJI. A. Hyne City Clerk of
ICity PY Azusa.
Walter Malone, Mayor of the
City of Azusa.
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OF CALIFORNIA )
SS
OF LOS ANGELES )
I, M. A. Hynes, City Clerk of the City of Azusa, Los
Angeles County, California do hereby certify that the
?r-' foregoing Ordinance was duly introduced at a regular meeting
of the city council of the City of Azusa on the 2 . day
of February , 1948 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
February 2 , 1948; that thereafter said Ordinance was
'z. duly and 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 16 day of February , 1948 and
S` the same was passed and adopted by the following vote of the
council:.
AYES: G-ouncilmen: Nasser, Memmesheimer, Dickerson,
Malone
NOES: None
K p _ ABSENT: 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 19 day of
FObruary , 1948, a newspaper of general circulation,
printed, published and circulated in said City of Azusa and that
the same was published in accordance with law.
Hyn , ity Clerk of the
City of A sa
Azusa Herald, publish Feb. 19, 1948