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Ordinance No. 531 '0( g Z 26 ~o: > 0 c ~!!:;; 27 iii> z ~ ~~ Ul~~~U ~ "<0: 0: . n8 QUOId~lo: .. Id .1-> 0: U>I-..I<o( ii: o(o~a. ~~>>lIlz 29 ~!:5:;e OU '? CI 30 :r III Z I- 2j: IdZ !: j 31 ~:r 21 22 23 24 25 1 OHDHJANCE NO. 531 2 3 AN ORDINANCE OF THE CITY O}' VERNON GRANTING A FF?ANCHISE ~[10 THE LOS ANGELES AND SALT LAKE HAILROAD COIVIPANY, A COHPOHATION, AND ITS 4 LESSEE, UNION PACIFIC RAILROAD COMPANY, A CORPORATION, AND ITS SUCCESSOnS AND ASSIGNS, A F'RANCHISE TO CONSTRUCT, MAINTAIN AND 5 OPERATE T!JVO (2) SPUR TRACKS ACnOSS AND UPON BOYLE AVENUE IN THE CITY OF VERNON, AND REPEALING OHDINANCE NO. 529. 6 7 TIm CITY COUNCIL 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 Boyle Avenue, in the City of Vernon, County of Los 14 Angeles, State of California, the center 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 on the easterly line of Boyle Avenue 80 feet wide, distant S.lo 35' 30" E. 469.04 feet from the intersection of said easterly line with the southerly line of Fruitland Road 40 feet wide, said point being a point on a curve the center of the circle of which said curve is an arc bearing S. 600 15' 45" W. 338.27 feet; thence northwesterly along said curve 127.93 feet to a point on the westerly line of said Boyle Avenue distant S. 10 35' 30" E. 370.34 feet from the intersection of said westerly line with the southerly line of said Fruitland Road. Track No.2 Beginning at a point in the easterly line of Boyle Avenue 80 feet wide, distant S. 10 35' 30" E. 410.11 feet from the intersection of said easterly line with the southerly line of Fruitland Road 40 feet wide, said point being a point on a curve, the center of the circle of which said curve is an arc bearing S. 570 50' 50" W. 287.94 feet; thence northwesterly along said curve 86.67 feet; thence along a tangent to said curve N. 490 24' W. 34.35 feet to a point on the westerly line of said Boyle Avenue distant s. 10 35' 30"E. 320.36 feet from the intersection of' said westerly line with the southerly line of said Fruitland Road. 18 19 20 For f'u~ther particulars, and as a part hereof, ref'erence is hereby made to the application therefor and the map accompanying 32 same, dated March 6, 1940, on file in the of'fice of the City -1- ;" 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( 8z 26 ..10: > III 0 c ~!!:;; 27 - ;;: .J N Ul>Zldo(lIl Ul~~~U .. < 0: 0: . 28 OUOId~ lo: Id .1-> 0: U>I-..I<o( ii: o(o~a. 29 ~~>>mz ~I-!:"'O OuU21- .CI 30 :t ~ Z I- l'l j: IdZ !:j 31 ~:r 32 Clerk of Vernon. Section 2: That said spur tracks which may be laid and operated under this franchise shall be used for the transporta- tion 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 and f'rom connecting warehouses, manufactories and other business industries and enterprises with the main line of the Grantee, its successors and assigns, in said City of Vernon. Section 3: That the spur tracks which may be laid under the privilege hereby granted shall be constructed of' first-class materials, with standard rails weighing not less than ninety (90) 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 rails to be flush with the surrounding surface of the street; and all portions of the street occupied by the said spur tracks, including the areas within two (2) f'eet 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 permission hereby granted shall be exercised and enjoyed subject to the following conditions: (a) That no cars or locomotives shall be permitted at any time to stand upon the street occupied by said spur tracks except during the time actually employed in switching; and that said spur tracks shall at all times be used so as not to obstruct the use of said street by vehicles or pedestrians more than is necessary, consistent with the uses for which said spur tracks are to be constructed. (b) That the said Grantee, its Successors and as- signs, shall construct and maintain all flmnes -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 o Z ..10: > lD 0 C ~!!: OJ 27 iii> z ~ ~ ~ Ul~~~u ~ "<0:0: .~ 28 OUOId.. \l::i ...1->00:::: U>I-..I<o(.. ~ o(o~a.: 29 o~>>lIlzz ~!:!::;of Ouu'?~~ 30 :r " z .. 0_" I- ., I- IdZ !: j 31 ~:r 32 and culverts for passage of storm waters under said spur tracks whenever or wherever directed to do by the Ci t'Y' 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 constructed in the immediate vicinity of said spur tracks, the Grantee shall, if so directed by the City, remove any or all flumes and culverts theretof'ore 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- gineer. (c) That the said Grantee, its successors and as- signs, shall at all times maintain said spur tracks at the level of the official grade and to the full width of said 8treet, as now established or as may hereafter be established by said City of Vernon; and shall repair, pave or repave that portion of street occupied by said spur tracks, including ~ee 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, shall, at its ovm cost and expense, repair, maintain, safeguard and support said spur tracks across or along the trench or other excavation in said street, during construction or reconstruction of sub-surface structures of any kind or description, the installa- tion of which is being done under authority of City -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 '0( ~- 26 Cz ..10: > lQ 0 C ~!!: OJ 27 - ;;: .J N Ul>Zldo(Ul Ul~~~U ~ "<0:0: .~ 28 OUOId~lo:~ Id .1-> 0: ~ U>I-..l<o(OI E o(o~a.~ 29 o~>>lIlzz :EI-!:l) 0 0 ouu.,1- .C) 30 :r III z I- 2j: IdZ !:j 31 ~:r 32 of Vernon. (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 saf'ety device and ap- purtenances f'or the protection or convenience of vehicles and pedestrians in said street, which, a t any time, by reason of the exercise of' the rights' ~nd 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, failure or refilsal on the part of the Grantee, its successors and assigns, to ob- serve and/or compl'J- 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 City Council, may thereupon declare such rights and privileges forfeited; and may exclude said Grantee, its successors and assigns from any further use of said street occupied by said spur tracks, and the grant hereby made shall there- upon become and remain null, void and of no eff'ect. (g) That, upon such forfeiture of the rights and priv- ileges granted herein, as provided in paragraph (f), above, or upon the abandonment of the use of the spur tracks constructed under this franchise for any reason whatsoever, the Grantee, its successors and assigns, shall, at its own cost and expense, when so ordered by said City Engineer, entirely remove said spur tracks and appurtenances, and shall -4- 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( 15_ 26 .9 Z III 0: > 0 C ~!!: OJ 27 iii> z ~ ~ ~ Ul~~~U ~ "<0:0: .w 28 QUo Id.. lo: ~ 1d.I->oo:::: U>I-..I<o(", ~ o(o~a.~ 29 o~> >- III Z z ~!:al) o~. OU '? ~ ~ 30 :r II z ~ 0_" I- "'I- IdZ !:j ~J: restore the street paving disturbed by such removal~ together with all remodeling required to bring the street surface in the irr~ediate vicinity to offic- ial grade with ma terials of the same quali t7l and thickness then existing in said street, all said restoration work to be done under the direction of and to the satisfaction of the said City Engineer. Section 5: That the City of Vernon, in granting the right~ privileges and permission herein contained, expressly re- serves the right to grade, pav:e, macadamize or regrade, repave and remacadamize the street along and across which the said spur tracks are to be constructed, and to construct B.nd reconstruct subsurface structures of any and all kind under said spur tr~cks. Section 6: That said spur tracks shall be operated and maintained subject to such other regulations and cond:t ti.ons as may be prescribed from time to time by the Council of the Ci t~r of Vernon. Section 7: That Ordinance No. 529 be, and the same is, hereby repealed., Section 8: That the City Clerk of the City of Vernon shall certify to the passage of this Ordinance, and shall cause the same to be posted ;tn three of the most conspicuous places in the City of Vernon, to-wit: at the northwest corner of B8th Street and Santa Fe Avenue; at the northwest corner of 37th Street and Santa Fe Avenue; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, in said City; that this Ordinance shall be in full force and effect from and after thirt~r (30) days from the date of posting. Adopted and approved this of Apri:L, 1940. -"-----...-, -5- 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 o z ..10: > Dl 0 C <II. u_ 27 - - .J Ul~zCio( Ulz~~u ..< 0: 0: . 28 QUOId.. lo: 1d.I->Oo: U>I-..I< 0( ii: o(o~a. 29 ~~>>lIlz ~I-!:"'o OuU21- ,C/ 30 :t III Z I- 2j: Id Z !:j 31 p: 32 S'l'A'l'E OF CALIB'ORNIA ) : SS County of Los Angeles) I, T. J. B~mLONG, City Clerk of the City of Vernon, do hereby certif'y that the foregoing Ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of' Vernon held on the 19th day of March, 1940, and thereafter finally adopted at a regular meeting of said City Council held on the 2nd day of April, 1940, by the following vote: AYES: SO HE IDER, PERAL~A, FURLONG NOES: NONE ABSENT: LEONIS, LEVY ~~ ~ ofVerno-"-- -6- -~-'---'--_...""_._--~.~ .~..~-- __c. ->'~':'_..._' ~..,.,.,....;....,.,,,, -~""'-~. ---.--.. ~-...- ,.--...,,~'" """'- " --._----~ AFFIDAVIT OF POSTING ..... State of Calif'ornia ) ) 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 :;I'd day of ~.. 191tt) post '3 copies of ~VV:.o4V~_ ~E...!.-.._, 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 the City of Vernon. Signed this ~ day of 19~ Jernon ......................h...~..Notary Public .........__.,....4...... If".. .,(A~lfOAH" SUPPORTING DOCUMENTS APPLIg~TION EQ~ FRANCHISE To The HONORABLE, THE CITY COUNCIL OF THE CITY OF VERNON, VERNON, CALIFORNIA: 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 main- tain, use and operate two (2) railroad tracks at grade over and across Boyle Avenue in the City of Vernop,the center line locations of which are shown in red. lines upon the blue- print map attached hereto marked "Exhibit AM and hereby made a part hereof, which center lines are more particularly des- cri bed as follows: Track No.1: Beginning at a point on the easterly line of Boyle Avenue 80 feet Wide, distant S. 10 35' 30' E. 469.04 feet from the intersection of said east- erly line with the southerly line of Fruitland Road 40 feet wide, said point being a point on a curve the center of the cirole of which said curve is an arc bearing S. 600 15' 45" W. 338.27 feet; thence northwesterly along said curve 127.93 feet to a point on the westerly line of said Boyle Avenue distant S. 10 35' 30. E. 370.34 feet from the intersection of said westerly line with the southerly line of said Fruitland Road. Track No.2: Beginning at a point in the easterly line of Boyle Avenue 80 feet wide, distant S. 10 35' 30" E. 410.11 feet from the int ersection of sa.id east- erly line with the southerly line ot Fruitland Road 40 feet wide, said point being a point on a curve, the center of the circle of Which said curve is an arc bea.ring S. 570 50' 50" W. 287.94 feet; thence northwesterly along said curve 86.67 feet; thence along a tangent to said curve N. 490 24' W. 34.35 feet to a point on the westerly line of said Boyle Avenue distant S. 10 35' 30" E. 320.36 feet from the intersection of said westerly line with the southerly line of said Fru1 tland Road. 1. It is proposed to construct said tracks 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 P ACIFI C RAILROAD COMPANY, B~~~ President Dated: March 6, 1940. 2.