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HomeMy WebLinkAboutORD NO 318ORDINANCE N0. ~/gNEW SERIES AN ORDINANCe, GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COmpANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR THF~ TERM OR PERIOD ~ENTY-FIVE (25) YEARS FROM THE ~ OPERATE A SPUR TRACK OF STANDARD GAUGE RAILROAD TOGETHER WITH THE NECESSARY CUR.VES, SWITCHES, CROS~OVERS AND APPURTENANCES FOR THE CONVENIENT USE THEREOF, UPON AND ACROSS "N" STREET, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. The Council of the City of 8akersfield,~reby grants to the Atchison, Topeka and Santa Fe Railway Company, a corporation, organized and incorporated under the laws of the State of KAnsas,~.'~.- its successors and assigns, for the term or period of twenty-five (25) years from the a b t to all the terms, conditions an i naf a expressed, the franchise, right and privilege to lay, maintain and operate a spur track of standard gauge railroad, together with the necessary curves, switches, crossovers a~d appurtenances for the convenient use thereof, upon and across ~ Street, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Beginning at a point 50 feet easterly and lO feet southerly from the southwest corner of the north- erly one-half of Block 330 of said City of Bakers- field; thence westerly on a 9° 30~ curve concave northerly a distance of 74.0 feet; thence revers- ing on a 9° 30, curve concave southerly a distance of 88.5 feet to a point offintersection with the westerly boundary line of N Street as shown on print in red.. SECTION 2. The rights, privileges and permission herein granted to said! Corporation are dependent for their continuance and validity upon the performance of said Corporation of all the conditions hereinafter set forth, to-wit: (1) Said Corporation shall construct suitable culverts for .k the passage of water at such points as may be nece.ssary on the road bed of said railroad and shall maintain the same in proper repair'. (2) Said corporation shall keep all-o~ its road bed and tracks in said City at the crossing on said N Street in good condi- tion and repair, with proper slopes to enable vehicles to pass and repass thereon and thereover at all nlaces where crossings shall be maintained and whenever the streets, which cross any of the tracks at such crossings, are paved or repaved said Corporation shall like- wise immediately pave or repave mid crossings and two feet on the outside of the outermost rails and thereafter keep and maintain such cros-~.~ng and two feet on the outside of the outermost rails in good condition and repair. (3) Said ~orporation 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 lO0 days from the date of the taking effect of this ordinar~ce to commence in good faith and duly prosecute the construction of the work under the franchise, privilege and permission here in granted, or to fully complete such · work within six (6) months from and after the day 'this ordinance be- comes effective, then this ordinance shall be of no further force or effect as a grant unto said Corporation, its successors or assigns. ..... o0o ...... I HEREBY CERTIFY that the foregoing Ordinance was regularly introduced, passed and adopted by the Council of the City of Bakers- field at a regular meeting thereof held , 19~-8, by the following vote: on the ~ day of ~ Cit Clerk of the Council of the City of Bakersfield. APPROVED this ~ day of ~~~A~, 1928.