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HomeMy WebLinkAboutORD NO 2349ORDINANCE NO. 2349 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD GRANTING TO ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A PERMIT TO CONTINUE TO MAIN- TAIN AND OPERATE SPUR TRACK IN FIFTEENTH STREET BETWEEN "0" AND "N" STREETS. BE IT 0RDAINED by as follows: the Council of the City of Bakersfield SECTION 1o The Council of the City of Bakersfield hereby 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, a revocable spur track permit to con- tinue to maintain and operate a railroad spur track of standard gauge in Fifteenth Street between "0" and "N" Streets, in the City of Bakersfield, California, at the location hereinafter described for a period of twenty-one years from and after December 19, 1976. The centerline of said track as now located is shown in red on print from CECL Drawing No. 604-34649, dated November 19, 1976, attached to the Petition for Spur Track Permit dated Novem- ber 24, 1976, on file in the Office of the City Clerk of the City of Bakersfield, said centerline being more particularly described as follows: Beginning at a point in the centerline of Track No. 88 located 10.25 feet northerly of the southerly line of Fifteenth Street, 82.5 feet wide, being also the intersection with the westerly line "0" Street produced, 82.5 feet wide, thence southwesterly 78.1 feet on a curve concave to the southeast, having a radius of 603.81 feet; thence southwesterly 31.4 feet on a straight line tangent to said curve to point of ending in the southerly line of Fif- teenth Street, distant thereon 109.0 feet westerly along said southerly line of Fifteenth Street from the westerly line of "0" Street. SECTION 2. That said revocable Spur Track Permit is granted subject to the following conditions: (a) That the said track shall be used only for the opera- tion of freight cars and locomotives necessary for the transporta- tion of freight for hire. (b) That said track must be kept and maintained in good condition and repair to the satisfaction of the City Manager of the City of Bakersfield. (c) That said track must be maintained and operated under such restrictions as not to unreasonably interfere with the use of any streets by the public. (d) That whenever any of the streets traversed by said track are paved or repaved, at or near the point where said street is so traversed, the grantee herein shall likewise, at the s~me time and as part of the same operation as the work on the remainder of said street, pave or repave the crossing traversing said street, between the tracks and two (2) feet on each side thereof with such materials and in such manner as this City Council may direct, to the satisfaction of the City Manager. (e) That the said revocable Spur Track Permit shall be granted subject to the Charter of the City of Bakersfield. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of meeting thereof held on the following vote: the City of Bakersfield at a regular 23d day of May , 1977, by the CITY CL~K and' EX ~ficio Clerk Of the Council of the City of Bakersfield APPROVED this Y~ of Bakersfield , 1977 APPROVED as to form: C~'~ ~T6~NEY of the ~ity of Bakersfield Affidavit of os ng rh na es STATE OF CALIFORNIA, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oz~ ..............................................l~..a_y.__~...4.. .........................................................., 19._"~_~_. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ......................M..~..~'.....~.~ ......................................., 19.~_., which ordinance was numbered._.__2~z~.~ ............ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD GRANTING TO ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A PERMIT TO CONTINUE TO MAIN- TAIN AND OPERATE SPUR TRACK IN FIFTEENTH STREET BETWEEN "O" AND "N" STREETS. City C 1Jr it"- Subscribed and sworn to before me this 25J~h ... day of .... ~ay .....................19_.~? ......... /~bJe i~~':~'~'~r Kern, Stat~ o, ~all,'~:~ ....