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Ordinance No. 529 ... 1 ORDINANCE NO. 529 2 3 4 AN ORDINANCE OF THE CITY OF VERNON GRANTING A FRANCHISE TO THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY, A CORPORATION, AND ITS LESSEE, UNION PACIFIC RAILROAD COMPANY, A CORPORATION, AND ITS SUOOESSORS AND ASSIGNS, A FRANOHISE TO OONSTRUCT, MAINTAIN AND OPERATE TWO (2) SPUR TRACKS ACROSS AND UPON BOYLE AVENUE IN THE OITY OF VERNON. 5 6 7 THE CITY OOUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS: 8 Section 1: That a franchise be and the same is hereby 9 granted to Los Angeles and Salt Lake Railroad Company, a corpora- 10 tion, and its lessee, Union Pacific Railroad Company, a corporation, 11 its successors and assigns, for a term of fifty (50) years, to lay, 12 construct, maintain, use and operate two (2) railroad spur tracks 13 upon and across Boule Avenue, in the City of Vernon, County of Los 14 Angeles, State of Oalifornia, the cneter line of said two (2) spur 15 tracks to be between the points and in the location described as 16 follows: 17 Track No. 1 Beginning at a point in the easterly line 18 of Boyle Avenue 80 feet wide distant S. 1036' E. 290.95 feet from the intersection of said easterly line with 19 the southerly line of Fruitland Road 40 feet wide; thence S. 880 31' 30" W. 80 feet to a point in the 20 westerly line of said Boyle Avenue distant S. 10 36' E. 290.95 feet from the intersection of said westerly line 21 of Boyle Avenue with the southerly line of said Fruitland Road. 22 23 Track No.2 Beginning at a point in the easterly line of Boyle Avenue 80 feet wide distant S. 10 36' E. 290.95 feet from the intersection of said easterly line with the southerly ~ine of Fruitland Road 40 feet wide; thence northwesterly on a curve concave northe!sterly, the canter of which bears N. 10 28' 30" W. 200 feet, a distance of 15.70 feet to the beginning of a tangent curve concave northeasterly and having a radius of 297.90 feet; thence northwesterly along said last des- cribed curve 26.14 feet; thence tangent to said last described curve N. 810 56' 50" W. 13.00 feet to the be- ginning of a tangent curve concave northeasterly, hav- ing a radius of 287.94 feet; thence northwesterly along said last described curve 26.16 feet to a point in the westerly line of said Boyle Avenue distant s. 10 36' E. 279.50 feet.trom the southerly line ot said Fruitland Road. 24 25 'c( 9z 26 ilia:: > < 0 C u!!: OJ 27 m> z= ~ ~ . Ul~ ~ ~ u ~ "<11:0: .~ 28 OUObl~ ill:::i bI .1-> a::::: ~>!.(~~o:~ ~~>)o ~ Z ~ 29 ~I-!:" 0 ~ "'-OOI-~ 00 '? Cl ~ :I: Il Z" 30 I- ~i=" biZ !:;) 31 ;:1: 32 -1- 'cC 9 ~ 26 > lD 0 c ~!!:;; 27 in> z: ~:l Ul~~~u ~ "<11:0: .~ 28 OUO.... ill:::i .. .1- > 0 a:: ::: U>I-.." cC Ul ~ cC 0 ~ II. ~ 29 o~> )0 lD Z Z :il-!:" 0 0 oOo~~ 30 :I: " z I- ~i= ..z !:;) 31 ;:1: 1 For further particulars, and as 8 part hereof, reter- 2 ence is hereby made to the application therefor and the map ac- 3 companying same, dated March 7th, 1939, on file in the office ot 4 the City Clerk of Vernon. 5 Section 2: That said spur tracks which may be laid 6 and operated under this' franchise shall be used for the trans- 7 portation of treight only and not as any part of a main line; 8 and shall be used solely for the purpose of receipt and delivery 9 of .freight to and from connecting warehouses, manufactories and 10 other business industries and enterprises with the main line of 11 the Grantee, its successors and assigns, in said City of Vernon. 12 Section 3: That the spur tracks which may be laid 13 under the privilege hereby granted shall be constructed of first- 14 class materials, with standard rails weighing not less than 15 ninety (90) pounds per yard; shall correspond to the official 16 grade of the street across or along which it may be placed, as 17 now established by said Oity of Vernon, the top of rails to be 18 flush with the surrounding surface of the street; and all por- 19 tions of the street occupied by the said spur tracks, including 20 the areas within two (2) feet outside each rail thereof, shall 21 be paved under the instructions of, and to the satisfaction of 22 Oity Engineer of City of Vernon. 23 24 Section 4: The right, privilege and pe~ission hereby granted shall be exercised and enjoyed subject to the following conditions: 25 (a) That no cars or locomotives shall be pe~itted at any time to stand upon the street occupied by said spur tracks except during the time act- ually employed in s~itching; and that said spur tracks shall at all times be used so as not to obstruct the use of said street by vehicles or 32 -2- 1 pedestrians more than is necessary, consistent with the uses for which said spur tracks are to be constructed. 2 3 4 5 (b) That the said Grantee, its successors and as- signs, shall construct and maintain all flumes and culverts for passage of storm waters under said spur tracks whenever or wherever dir ected 6 7 8 to do by the City Council of the City of Vernon, said construction to be in accordance with plans 9 10 and specifications therefor approved by the Oity Engineer. 11 12 Whenever a public storm water drain will have been constructed in the immediate vicinity of said spur tracks, the Grantee shall, if so directed by the Oity, remove any or all flumes and culverts theretofore constructed and replace same with stand- ard catch basins connecting with said storm drain, said replacement to be in accordance with plans and specifications therefor approved by said City En- 13 14 15 16 17 18 19 20 gineer. 21 (c) That the said Grantee, its successors and as- 22 23 24 25 signs, shall at all times maintain said spur tracks at the level of the official grade and to the full 'c( 8z 26 a: a:: > 0 c ~!!:;; 7 u;> it.J... 2 VI ZoIc( Il Ul~~~u ~ "<11:0: .~ 28 OUO.... ill:::i 01 .1- > 0 II: ::: U>I-.." c( Ul ;;: c( 0 Z II. ., ~~> )0 ~ Z ~ 29 :i!:!:So~ Ooo'?~~ :I: l'l :!: ~ 30 I- Pl I- wZ !: ;) 31 ;:1: width of said street, as now established or as may hereafter be established bW said City of Vernon; and shall repair, pave or repave that portion of street occupied by said spur tracks, including the area within two (2) feet outside each rail thereof, under the instruction of, and to the satisfaction of said City Engineer. (d) That the said Grantee, its successors and assigns, 32 shall, at its own cost and expense, repair, maintain, -3- 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 'c( g Z 26 ~a:: > 0 C ~!!:;; 27 in> z: ~:;: Ul~~~U ~ "<11:0: .~ 28 OUOUlII. ill:::i 01 .1- > 0 a:: ::: U>I-.."c(Ul ii: c( 0 Z II. ., ~~> )0 ~ z ~ 29 ""I-!:"o~ "'-000 I- ~ o '? Cl ~ ~ g ~ ~ 30 wZ !:;) 31 ;:1: 32 safeguard and support said spur tracks across or along the trench or other excavation in said street, during construction or reconstruction of subsurface structures of any kind or description, the installation of which is being done under authority of City of Vernon. y. (e) That the said Grantee, its successor and assigns, shall at its own cost and expense, install, con- struct, maintain and operate all warning signs, bells, lights, traffic signals, electric track circuits and/or any other safety device and ap- purtenances for the protection or convenience of vehicles and pedestrians in said street, which, at any time, by reason of the exercise of the rights and privileges granted herein, may be ordered in- stalled by any Public Body having the authority to order such installation, construction, maintenance and operation. ( f) That any neglect, tailure or refusal on the part of the Grantee, its successors and assigns, to ob- serve and/or comply with any of. the terms or condi t- ions herein contained shall effect a forfeiture of the right, privilege and permission hereby granted, and the City, by its Oity CounCil, may thereupon declare such rights and privileges forfeited; and may exclude said Grantee, its successors and assigns from any further use of .aid street occupied by said spur tracks, and the grant hereby na de shall there- u.pon become and remain null, void and of no effect. (g) That, u.pon such forfeiture of the rights and priv- ileges granted herein, as provided in paragraph (f), -4- 'c( 1:1- Cz ~ II: >- <~- e M::i rJ 27 of Vernon, to-wit: Ul>zwc(" Ul~~~U ~ "<11:0: .~ 28 oUow~ ill:::i Santa Fe Avenue; 01 .1- > 11:::: ~>!.(~~o:~ ~~>)o~z~ 29 Fe Avenue; ~I-!:" 0 ~ "'-00 I- ~ 00 '? Cl ~ :I: Il Z W 30 I- ~i=" wZ !:;) 31 City,. ;:1: 1 above, or upon the abandonment of the use of the spur tracks constructed under this franchise for 2 3 any reason whatsoever, the Grantee, its successors and assigns, shall, at its own cost and expense, 4 5 when so ordered by said Oity Engineer, entirely remove said spur tracks and appurtenances, and shall restore the street paving disturbed by such removal, together with all remodeling required to bring the street surface in the immediate vicinity to offic- ial grade with materials of the same quality and thickness then existing in said street, all said restoration work to be done under the direction of and to the satisfaction of said City Engineer. Section 5: That the City of Vernon, in granting the 6 7 8 9 10 11 12 13 14 15 right, privileges and permission herein contained, expressly re- 16 serves the right to grade, pave, macadamize or regrade, repave 17 and remacadamize the street along and across which the said spur 18 tracks are to be construct~d, and to construct and reconstruct 19 subsurface structures of any and all kind under said spur tracks. 20 Section 6: That said spur tracks shall be operated 21 and maintained subject to such other regulations and conditions as 22 may be prescribed from time to time by the Council of the City of 23 Vernon. 24 Section 7: That the City Cl.erk of the City of Vernon 25 shall certify to the passage of this Ordinance and cause the same 26 to be posted in three of the most conspicuous places in the City at the northwest corner of 38th Street and at the northwest corner of 37th street and Santa and on the bulletin board in the lobby of the ~ity Ha~l of the City of Vernon, located at 4305 Santa Fe Avenue, in said that this Ordinance shall be in full force and effect from 32 -5- 'c( 8 Z 26 ..III: III 0 ~ ~!!:;; 27 iii)oz:~:l Ul~O:EU~ "c(II:Z< ~ ouo\li"li~28 01 .1- > 0 II: ::: U>I-.." c( '" ii: c( 0 Z II. .., ~~> )0 ~ z ~ 29 ""I-!:" 0 ~ ""'-00 I- ~ 00 '? Cl ~ :I: 8 !: ~ 30 I- ., I- 01 Z !:::l 31 ;:1: , 1 and after thirty (30) days from the date of posting. 2 Adopted and approved this 17th day of October, 1939. 3 4 5 6 AT~~_ ~ 7 -~ 8 9 10 11 STATE OF CALIFORNIA ) : SS 12 Oounty of Los Angeles) 13 I# T. J. FURLONG, Oity Clerk of the City of Vernon, 14 do hereby certify that the foregoing Ordinance was duly and 15 regularly introduced at a regular meeting of the City Council of 16 the City of Vernon held on the 3rd day of October, 1939, and 17 thereafter finally adopted at a regular meeting of said Oity 18 Council held on the l7th day of October, 1939, by the following 19 vote: 20 AYES: Furlong, Peralta, Scheider, Levy NOES: None 21 ABSENT: Leonis 22 23 24 Vernon 25 32 -6- SUPPORTING DOCUMENTS " APPLIOATION FOR FRANOHISE To The HONORABLE, THE CITY OOUNCIL OF THE CITY OF VERNON, VERNON, o ALl FORNI A I The undersigned, LOS ANGELES &: SALT LAKE RAILROAD COMPANY, and its Lessee, UNION PACIFIC RAILROAD COMPANY, hereby respectfully request your Honorable Body to grant to them, their successors and assigns, the right, privilege and permission to lay and construct, and thereafter to maintain, use and operate two (2) railroad tracks at grade over and acrose Boyle < AYenue in the City of Vernon, the center line locations of which are shown in red lines upon the blueprint .ap attached hereto marked "Exhibit A" and hereby made a part hereof, which center lines are more particularly described as follows: Track No.1: Beginning at a point in the easterly line of Boyle Avenue eo feet wide distant S. 10 361 E. 290.95 feet from the intersection of said easterly line with the southerly. line of Fruitland Road 40 feet wide; thence S. 880 31t 30" W. 80 feet to a point in the westerly line of said Boyle Avenue distant S. 10 36' E. 290.95 feet from the inter- section of said westerly line of Boyle Avenue with the southerly line of said Fruitland'Road. Track No.2: Beginning at a.point in the easterly line ot Boyle Avenue 80 feet wide distant S. 10 361 E. 290.95 feet from the intersection of said easterly line with the southerly line of Fruitland Road 40 feet wide; thence northwesterly on a curve conoave northeaster- ly, the center of whioh bears N. lO 28' 30" .W. 200 feet, a distance of 15.70 feet to the beginning of a tangent curve concave northeasterly and having a radius of 297.90 feet; thenoe northwesterly along said last described ourve 26.14 feet; thence tangent to said last described curve N. 810 56' 50" W. 13.00 feet to the beginning of a tangent curve concave northeasterly, having a radius of 287.94 feet; 1. thence northwesterly along said last described curve 26.16 feet to a point in the westerly line of said Boyle Avenue distant S. 10 36' E. 2?9.50 feet from the southerly line of said Fruitland Road. It is proposed to construct said traoks for the purpose of serving and developing industrial property located west of Boyle Avenue and south of Fruitland Road. LOS ANGELES & SALT LAKE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY, By ~( Manager - Industrlal Deve opment Dated: March 7, 1939. 2. .l....~. "( Angel. e. &'Bd l~...G, CGMp&D7, A" acl'O.. . ,5A-llf.U-c. a. (::1'0..- If;H* t1Qn d....;Plbim -!n:t~ne. ~_..""ft.tlCiJn aball belt -.-1 OJ:" RJ.1"'l~p to ~ c'. .. 71.. a new e .. 1 ( . .. ) it OJ'~ (!;!Iii:t'" 18 a a.. en M) ., (j,n,J or fI~ , M .0 .. _L,.J~___..-, 1 . RAY C. WAKEFIELD FRANK R. DEVLIN PJ\Y L. RiLEY c. C. BAKER JUSTUS F. CRAEMER COM.MISSIONERS