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HomeMy WebLinkAboutORD NO 40 Au Ordinance granting to THE SAN FRANCISCO AND SAN J.~AQU...~N VALLEY RAILWAY COMPANY, its successors and assigns, for the t,erm of'"fifty {50) years from the 'twenty--sixth day ef F~ .... d~--~ ruary, A. D. 1895, the fr~nchise, right, permission and privi- lege to lay and maint~ain 'railroad' tracks and to pass with'and oper'ate a steam railroad, al.cng, upon and across certain streets and portions of streets and other places in the City of Bakers'- field, County of Ker. n, ~tate .,of Oalifornia. ' The Board of Trustees of the City of Bakersfield do ordain as follows: Section 1. The Board of Trustees of the City of Ba- kersfield hereby grants to THE SAN FRANCISCO AND SAN JOAQUIII VA~ IIT, EY RAILWAY COMPANY, a railroad corporation duly organized and incorporated as such under and by virtue of the laws of the State of California, and havin~ its office and principal pla~e of business in the City and County of San Francisco, State of California, its successors and assigns., so far as it lies within the power of the said Board of Trustees to grant the .same, for. the term of fifty (50) years from the twenty-sixth day of Febru- ary, A;D;1895, subject to all the terms,conditions and limttatie'.~s hereinafter'made and expressed, the franchise, right and privi- ,; ~.,~. _~. ...... ile.ge__t_o lay and maintain, ..along,, upsn and. across the st,reet. S..~amd. ,,!V°rti°ns of stre"ets and other places as hereinafter described,. .... ~;~n the City of' 'B~kersi'i .. eld,County of Kern, Stat~' of California, i/'ailroad tracks and to pass with and operate a steam railroad thereon;, and to construct and maintain thereon a road-bed of 'standard broad-gauge width, and to lap' do~u~ and maintain thereon ! curves, side tracks, spurs and s~itches for ~.he convenient use ~ thereof, and to run locomotives and cars thereon, and thereover; which said streets and portions ef streets and other places in · the said City of Bakersf~eld,Oount2 of Kern, 8tats of Oalifor- nia:~, are described as follows, to wit' For a single main track'w,!th center llr/e described as follows: Commencl.ng at a point in the center line of The San "':-~Francieco and San ~oaquin Valley Railway Company's railroad, as '" .' said.railroad i9 constructed through Fifteenth Street in the .."City· of-Bakersfield, County of Kern, St'ate ef Call'fornia, . point being at the intersection of the center line of said F.l~~'-. . I teenth Street and the easterly line of 'P* Street; thence run- ning in an easterly direction on a compound curve to the left, as follows: ~0 feet with a radius of 11,459.2 fleet, 3/)'feet · . with radius of 5,729.6 feet, 30 fleet with radius of f ~57.9 feet wtt. h radius ofl g,854.8 fleet,' gO re,et with ra- dius ef 3,819.7 .,feet, 30 fleet with radius..·.,o£... '5,729.6 feet,, and.. 30 feet with radius of 11,4 9. fleet, to a 'l:n situate seven-tenths (7//~0) of a feet north of tl/e Aorth 1i,.i~e ....? .. , .- Fifti~ent'h Street, a~d seVentY-flye (75) feet west efl the west ........... line of *Re Street'; and thence running, in a northeasterly · ?...~...:.;. rection on a tangent to said curve at maid point, a distance ef ".".:::[, ' .' · . ." tWO thoueand and ninety-seven (2,097) feet, croestAg. ".R" Street Block 3~4,. "S" S~reet and the. subdivision k~own as the Tract," to the east Boundary ofl said City of Baker'sfte.lel, at a point in the oenter line off Union Avenue, ~h~ee hundred aAd 'ff0rty's~x '~d t~o-tenths (~46.2) fee~ south :eft a men~ent Uate tn sa~d center line off Un, on Avenue .~our. a~d ~wenty-ff~ve hundredths (4 25/100) fleet no~th ~ff the ee.A~.er li~.e., 'e~ .Ra-i'lr'oa~ ., .: ' , .: ~ ...- .... ,. . . . - · . , '~ ... ~ ..~- .. . .. heretn referred to are as des~n~te~ .on the offf~e1~ map o~ S.a~.. '.~ ... ~ty o~ B~ers~teld, approved b~ the B'0~d off Trustees e~ the Section 2. The rights, privi.:~eges axed permission herein granted to said corporation are dependent for ~heir con- tinuance and validitM upon the performance by said corporal~ion ~f all the conditions as hereinafter set forth, to wit: 1.' Said corporatio~ shall construct suitable cul- v'erts for the passage of water at such points on said roadbed'' as shall be selected by the said Boar'd of Trustees, and shall keep such culverts in constant repair. 2. Said corporation shall ,. keep its roadbed and tracks thr. oughout said cl~y in good condition with proper slopes ~to enable +-earns to pass and re-pass thereon and thereove~' at ~/~ crossings.. :" Section 5. All privileges and rights required"b~ said corp,oration fo~ the construction and maintenance of said roadbed, tracks, curves, side-tracks, spurs and switches through priv'~te proper+-]~ upon the. proposed, lin'e of said roadbed, tracks, curves, .~i'd.e"tracks, spurs and switches, shall be secured by said c~rP$~tion fr(m the owners of such property?. Section 4. If the said corporation shall fail for thirty (~0) days from ~he date of the passage of +,his ordinance to accept in writing filed with the Olerk of said Board of 2rustees of the said Olty of Bakersfield, the franchise, rights and privileges herein granted., or to commence in good faith and duly prosecute the construc~ion of its railroad within two hun~ dred (200).days therefrom, then this ordinance shall he .of no 'effeCt. as a grant unto said ·corporation. ............. se.~c~lo~ 5. This.-m'~tna~o~....s.hall take ef~f..~e-t--.-a~d~e-- ..... in force from and after its passage and publication, subject to he above conditions ":" · "~'"" .~.* .' ... Ii -4-- . :::. 1899, by the following vo~e: Trustees., ~' ~ ..... ' 0hatman of ghe Board of Trustees of the 0ity of Bak~rsI'leld,Ooun$~ of Kern, ~ate of California. State of Oalifornta, 0ounty of Kern, Oi~y of Bakersfield. that I .do hereby certlfy~he fore~;oing' Ordinance was ~ass ed by the Board of ~rustees of ~he 0it~ of Bakersfield, and signed by the President thereof, at a regular meeting of said