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Ordinance No. 513 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0< 26 ~- Cz io: >- <0_ C u!!: '" 27 uh. it.J:: IIlUl~~~~ ...<zz< . 28 oUO:~"~:5 Id.o>oo:~ ~>S~~~~ 29 "Ill < Id o<>>'"zz ~!:!:"'o~ UUOI-~ o "iel" 30 I: ~z~ I- '" j: I- ...Z !:;:) 31 ;I: 32 ORDINANCE NO. 513 AN ORDINANCE OF 'rEE CITY OF VERNON GRANTING THE LOS ANGELES AND SALT J~KE RAILROAD COMP~~, A CORPORATION, AND ITS LESSEE, THE UNION PACIFIC RAILROAD COM.t'Al~, A CORPORATION, THEIR SUCCESSORS AND ASSIGNS A FRANCHISE TO CONSTRUCT, l~INTAIN AND OPERATE A RAILROAD SPUR TRACK OVER AND ACROSS 1~GNOLIA AVENUE IN THE CITY OF VERNON. THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: Section 1: That a franchise be, and the same is here- by granted to the Los Angeles & Salt Lake Railroad Company, a corporation and its lessee the Union Pacific Railroad Company, a corporation, their successors and assigns, for a term of fifty (50) years, to lay, construct, maintain, use and operate a rail- road spur track across Magnolia Avenue in the City of Vernon, County of Los Angeles, State of California, between the points and in the location described as follows, to-wit: Beginning at a point in the easterly line of Magnolia Avenue, 50 feet wide, distant 193.3 feet northerly from the intersection of said easterly line with the northerly line of Leonis Boulevard, 80 feet wide; thence westerly in a straight line 50 feet to a point in the westerly line of said Magnolia Avenu~, distant northerly 193.3 feet from the intersection of said wester- ly line with the said northerly line of Leonis Boulevard. For further particulars, and as a part hereof, reference is hereby made to the application for this franchise, and a map accompanying the same, on file in the office of the City Clerk of the City of Vernon. Section 2: That said spur track which may be laid and oper~ted under this franchise shall be used for the transportation of freight only and not as any part of a main line; and shall be used solely for the purpose of receipt and delivery of freight to 8 9 10 11 12 13 14 15 1 and from connecting warehouses, manufactories and other business 2 industries and enterprises with the main line of the Grantee, its 3 successors and assigns, in said City of Vernon. 4 Section 3: That the spur track which may be laid under 5 the privilege hereby granted shall be constructed of first-class 6 materials, with standard rails weighing not less than ninety (90) 7 pounds per yard; shall correspond to the official grade of the street across or along which it may be placed, as now established by said City of Vernon, the top of the rails to be flush with the surrounding surface of the street; and that all portions of the street occupied by said spur track, including the areas within two (2) feet outside each rail thereof shall be paved under the instructions of, and to the satisfaction of the City Engineer of the City of Vernon. Section 4: The right, privilege and perrnission hereby 16 granted shall be exercised and enjoyed subject to the following 17 conditions: 18 (a) That no cars or locomotives shall be permitted 19 at any time to stand upon the street occupied by said spur 20 track, except during the time actually employed in switch- 22 23 24 ci~ 26 Cz io: >- <0_ C ull. '" 27 in> it::i:: IIlUlz~<Z ...<z~<Ug ouO:~"~:5 28 Id .~>oo:~ !:!>I-...~<Id l::1Il<o~n..: 29 o<>~'"z~ ~!:-"'O~ """UOI-~ 0" "iC)~ I: ~~~ 30 I- '" I- ~~ 31 ;I: 21 ing; and that said spur track shall at all times be used so as not to obstruct the use of said street by vehicles or pedestrians more than is necessary, conslstent with the uses 25 for which said spur track is to be constructed. (b) That the said Grantee, its successors and assigns, shall construct and maintain all ~~es and culverts for passage of storm water under said spur track whenever or wherever directed so to do by the City Council of the City of Vernon, said construction to be in accordance with plans and specifications therefor approved by the City Engineer. Whenever a public storm water drain will have been 32 constructed in the ilTh'11ediate vicinity of said spur track, -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0<( 26 "- Cz io: >- <o~ C !,!!!:: 27 - ",.J III m>zld<( mUlo::Eu~ ..<Zz< m 28 oUO:~"~:5 Id 0>00:'" u 'I- ~ .. ii:>I-...z~~ "m<(o< Id 29 o<>~'"z~ ~!:-"'o~ ouU~t;~ 30 I: III Z Id I- ~j:1- "'Z !:;:) 31 ;I: 32 the Grantee shall, if so directed by the City, remove any or 1:'1.11 flumes and culverts 'there 1:;0 fore constructed and re- place same with standard catch basins co~~ecting with said storm drain, said replacement to be in accordance with plans and specifications therefor approved by said City Engineer. (c) That the said Grantee, its successors and assigns, shall at all times maintain said spur track at the level of the official grade and to the full width of said street, as now established or as may hereafter be established by said City of Vernon; and shall repair, pave or repave that portion of the street occupied by said spur track, includ- ing the areas within two (2) feet outside each rail there- of, under the instruction of, and to the satisfaction of said City Engineer. (d) That the said Grantee, its successors and assigns shall, at its own cost and expense, repair, maintain, safe- guard and support said spur track across or along the trenoh or other excavation in said street, during construction or reconstruction of surface structures of any kind or des- cription, the installation of which is being done under authority of the City of Vernon. (e) That any neglect, failure or refusal on the part of the Grantee, its successors and assigns, to observe or comply w~~h any of the terms or conditions herein contained shall effect a forfeiture of the right, privilege and per- mission hereby granted, and the City, by its City Council, may thereupon declare such rights and privileges forfeited; and may exclude said Grantee, its successors and assigns from B.ny further use of said street occupied by said spur track, and the grant hereby made shall thereupon become and remain null, void and of no effect. Section 5: That the City of Vernon, in granting the right, - 3- 10 1 privilege and permission herein contained, expressly reserves 2 the rj.ght to grade, pave, macadamize or regrade, repave and 3 remacadamize the street along and across which the said spur tr~:3Cl~ 4 is to be constructed, and to construct and reconstruct sub-surface 5 structures of any and all kind under said spur track. 6 Section 6: That said spur track shall be operated and 7 ~aintained subject to such other regulations and conditions as 8 may be prescribed from tlme to time by the Council of the Oi ty of 9 Vernon. Section 7: The City Clerk shall certify to the passage 11 of' t.his ordinance and shall cause the same to be posted, as pro- 12 vided by law, in the Ci.ty of Vernon. 0<( gz 26 io: >- <o~ C u!!:'" 27 Ui> it.J:: l/lUl~~~~ ..<Zz< . oUO:~"~:5 28 Id ,~> 0 0: ~ !:!>I-...~<(Id l::l/l<(o~n..: 29 o<>~'"z~ ~!:-"'O~ ""UUOI-~ o "iC)~ 30 I: ~ZId I- '" j: I- ~~ 31 ;I: 13 Signed and approved this 18th d 14 15 16 17 FURLONG -------city--Cl e rk----.------ 18 19 20 STATE OF CALIFORNIA C! c,. a-.;~..":' . . County of Los Angelex) I, T. J. FUHLONG, City Clerk of the City of Vernon do 21 22 23 24 hereby certify that the above and foregoing Ordinance was duly passed and adopted at a regular meeting of the Council of the City of Vernon, b.eld on the 18th. day of January, 1938, b:r the fol10w- 25 ing vote, to-wit: Ayes: Leonis, Peralta, Levy, Furlong None NOES: ./ Absent: None ~~ ~< /~~ ~ -y:~~~:!.~~ .... _---.. City Clerk -:-::-~/.. 32 -4- AFFIDAVIT OF J:..Q.?TING State of California ) ) County of Los Angeles: ) City of Vernon ) I, T. J. FURLONG, City Clerk of the City of Vernon, do hereby certify that I did on the Ii day 193t, post ~ cop:l.es of ~~3..L. , in the following places to-wit: At the northwest corner of 38th Street and :Santa Fe Avenue, at the northwest corner of 37th street and Santa Fe Avenue, and at the entrance to the City Hall, located at 4305 Santa Fe Avenue, there being no newspaper of general ~, ~> circulation printed and published in Signed this ~ day and ::...~..:~.b.:~or~.~,~9j! ........... 0..... 0...... 0" 0 .t!:11::>Notary Publlc .., MIll fOA lllJ ~,,~wn Of I.O~ MI~lI.U, ~TAn o~ eAI.'f01l.. 193) - Mv r.nmmission Expires March 10, 1941 APPLICATION FOR FRANOHISE. - TO THE HONORABLE, THE OITY COUNOIL OF THE CITY OF VERNON, VERNON, OALIFORNIA: !he undersigned, LOS ANGELES & SALT LAKE RAILROAD 001lPANY, and its Lessee, UNION PAOIFIO RAILROAD COMPANY, hereby respectfully request your Honorable Body to grant to them, their sucoessors and assigns, the right, privilege and permission to lay and construct, and thereafter to maintain use and operate a railroad spur track over and across Magnolia Avenue, in the City ot Vernon, Oounty ot Los Angeles, State ot California, the center line location ot which is shown in red line on the attached blue print map, and is particularly described as fol- lows, to-Wi t: Beginning at a point in the easterly line of Magnolia Avenue, 50 feet wide, distant 193.~ teet northerly from the intersection ot said easterly line with the northerly line of Leonis Boulevard, eo feet wide; thence westerly in a straight line 50 feet to a point in the westerly line of said Magnolia Avenue, distant northerly 193.3 teet from the intersection of said westerly line with the said northerly line of Leonis Boulevard. It is proposed to construct said spur track for the purpose of serTing certain industrial property west of said Magnolia Avenue. LOS ANGELES & SALT LAKE RAILROAD OOMP ANY, UNION PACIFIC RAILROAD 00 ANY, =:J... _ J , By' J r~ \ Manager of Industrial De e1opment. Dated: Deoember 15, 1937.