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HomeMy WebLinkAboutORD NO 272 AN ORDINANCE GRA ING TO THE '.'.'> '., RAILROAD CONPANY, A CORPORATION, ITS. SU~:CESS0RS . ": '~' EGE T0 LAY, NAINTAIN A~ 0P~ATE ~"DRILL TRACK 0F STA~D GAUGE R~I~0~ TOGET~ ~WITH TE ESSAY C~VES, SWITCES, CROSSOV~S...A~..][.App~TEN- ANCES FOR THE C0~ENIEE USE T~EOF, '~UPON A~ ACROSS "Q" STREET, J~ES STREE AE ~t~"~EET IN THE CITY 0F B~RSFIE~, COU~ 0F-..-.ERN~STATE BE IT 0RDAIE BY THE COUNCIL 0F THE CITY 0F ~AERSFIE~, as follows: "-....~ SECTION 1. """~'-. The Council of the City of Bakersfield, hereby:'~nts to the Southern Pacific Railroad Company, a corpora:-tion, organized and incorporated under the laws of the State of California, its successors and assigns, for the te~m or period of tWenty-five (28) years from the I~/~ day of~, 1926, subject to all the terms, condi- tions and limitations hereinafter made and expressed, the franchise, right and privilege to lay, maintain and operate a drill track of standard gauge railroad, together with the necessary curves, switches,· crossovers and appurtenances for the convenient use thereof, upon'and. across "Q"'Street, James Street and 2~th Street,' in the City of Bak, ersfield, County of Kern, State of California, more particularly described as follows: Center Line Description Of Track"'A". Commencing at the intersection of the northerly line of 26th Street with the westerly line of "Q" Street as shown on that certain map entitled "Homaker Park". Said map filed f-or record April 1, 1918 in the office of~eounty Recorder in Map Books3, page 9, Kern County Records. Thence northerly along'said west- erly line of "Q" Street a distance'of ~30 feet to point of be- ginning of center line of track "A" beingdescribed; thence in a southeasterly direction alomg a circular curEe to the lef-t having a radius of 17208.8 feet, parallel and.20.O feetmeasured a~..right ang!qs southweSterly.from the center line of the Southern Pacific Railroad Company,S mai~rai.lr0ad..track, a' distance of 100 feet to an intersection with the easterly line of said "Q" Street ~ a,p~int 2V8 feet measured northerly along · said easterly line of 'Q Street from· its'intersection with ..-" said northerly line of 26th Street; thence across private property to an intersection with th~ northeasterly.line o~ County Road Number 142 (now known officially .as J~e'a."'::~~ · .:.. .,. .'..:.,: ...: · . according to City of Baker~i'el'~ Ordinance No',~.i98 'N~.':. ~.-.~:~j~..;:~:~.'.~i.~:.~ s'ou.~heasterly along said nort~eas'terly line o~' Jame'~'~"St~!6'.''- . from its intersection with ' ' ' said ea'sterly line of thence in a southeasterly direction along'a circula~.':.'~ur~.e~-.,.'~......- to ~be right having a radius of 461.4 feet a distam~i~o~.'-"~:.. 65..92 feet to end of curve; thence continuing in a'~.a.~thea~t, erly direction t gent to last described curve-- e,e· 75.9 feet to beginning of curve; thence continuing inca South- easterly direction along a circular curve to the right having.. a radius of 273.57 feet a distance of 65 feet to-an ~nterseC · line of James Street from its intersection with the southerly line of 26th Street ss shown on said map; thence in a south- easterly and southerly direction across private property to an intersection with the northerly line of 24th Street at a point 98~°25 feet measured easterly along said northerly line o~ said 24th Street from its intersection with the easterly line of "R" Street as shown on that certain map entitled "Sales Map of the Kern County Land Company, Showing subdivi- sions of its ~idittons to the City of Bakersfield, Kern County, California." Said map filed for public record, April 19th, 1904 in the office of County Recorder in Map Book. Thence con- tinuing southerly at right angles to said northerly line of 24th' Street.a distance of 82.50 feet'to an intersection with the southerly line of said 24th Street to end of center line' of track "A' being described. Center Line Description of T~ac~ "B". -~. Commen~ing at the intersection of the said easterly line of "Q" Street with said northeasterly line of James Street;. thence southeasterly along said northeasterly line of James Street a distance of 285 feet to point of beginning of center line of Track "B" being described; thence in a southeasterly direction along a circular curve to ~be right having a radius of 461.4 feet a distance.of-10 feet to end of curve; thence continuing in a 'southeasterly-direction tangent to last described curve a d'istance of 168.69 feet to beginning of curve; thence con- .tinuing in a south~asterly direction along a circular curve to the right having a radius of 260.57 feet a distance of 50 feet· to. an intersection wi~h said southwesterly line of James ·Street at a point 40 feet measured easterly along the ,sOutherly line of 26th Street from its intersection with the easterly line of "~" Street as shown on said map entitled "Sales Map of the Kern County Land Company showing subdivisions of its additions to the City of Bakersfield, Kern County, California." Thence in.a southeasterly and southerly direction across private property Jo an intersection with said northerly line of 94th Street at a point 85.25 feet measured easterly along said northerly line of '24th Street from its intersection with s aid easterly line of "R" Street. .Thence continuing southerly at right angles to said northerly line of 24th Street a distance of 82.50 feet to an intersection with the southerly line of said 24th Street to end of center line of Track "'B" being described. SECTION 2. The rights, privileges and permission heroin granted to said-Corporation are-dependent for-their continuance and va'lidity - 2 - upon the performance of said Corporation of all the conditions herein- after set forth, to-wit: (1) Said Corporation shall construct suitable culverts for the passage of water at such points as may be necessary on the road bed of said railroad and shall maintain the same in proper repair. (2} Said Corporation shall keep all of its road bed and tracks in said City at the crossings on said 24th Street, "Q" Street and James Street in good condition and repair, with proper slopes to enable vehicles to pass and repass thereon and thereover at all places where crossings shall be maintained and whenever the streets, which cross any of the tracks at such.crossings are paved or repaved said Corpora- tion shall likewise immediately pave or repave said crossings and two feet on the outside of the outermost rails and thereafter keep and maintain such crossingSand two feet on the outside of the outermost rails in good condition and repair. (3) Said Corporation shall adhere to the official grades as are established by the City of Bakersfield. All rail elevations crossing streets shall meet the crown grade of said streets, and approaches at the'gutter lines shall be so constructed so as to make the approach. to the tracks on any portion of the roadway, safe and of proper slope to eliminate abrupt elevations in the roadway. SECTION 3. If said'Corporation shall fail within 100 days from the date of the taking effect of this ordinance to commence in good faith and duly prosecute the construction of the work under the franchise, privilege and permissinnherein granted, or to fully complete such wor~ within six (6) months from and after' the day this ordinance becomes effective, then this ordinance shall be of no further f.orce or !effect as a grant unto said Corporation, its successors or assigns. I HEREBY CERTIFY that the foregoing Ordinance was regularly introduced, passed and adopted by the Council of the City of ': 7~!. - 3 - B~kersfield at a regular meeting thereof held on the 3/ day of ~ , 1926~ by the following vote: A.ves' Bain ' ~u,, C~.l:~e-Carlock, Griftith, Martin, Stouer · . Z j City Clerk and ex-officio Clerk. of the Council of the City of Bakersfield, California. California.