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HomeMy WebLinkAboutORD NO 104 1 0 R.D I N A N 0 E NO ~ .. An 0RDINANOE ~rantlng to the ATCHINSON, TOPEHA &. ~ i!.. SANTA FE tt~IL~fA¥ 00MPANY, a corporation, ~ts ~ocessors 2~ ass~s,Jor the tern of flft~ (S0) ~e~s, from th day o ~. D. 190~ t~e f~oh~e~ e i~ rl~t, pemlsslon aha ~rlvtlege to 1~ and m~lntaln rallroad tracks, ~d to pass with ~d operate a ste~ railroad alon~ " upon ~ across oertaln streets and po~lons of streets, . ~d othe~ places, ~ the Oltr of B~ersfleld, Oounty of Ko~n, 10.' [~ State of Oallfornla. 11 The BOA~ OF TRUSTEES of the Clt~ of Bakersfield do orda~ as .follows: 15 ~ The Bo~d of T~stees of ~e 01tF of B~ersfleld ..... l~.~.__hereb~ ~=~ts to the 'ATa~INBON,-TOPEKA · B~TA ~E '17 ~OMPANY, a ~allroad oorpo~ation, ~ly o~ized ~ incorporated lB as such under and ~ vlrtu~ of the laws o~ ~he STATE 19 '.. K~SAB, ~ havin~ i~s o~loe ~d pmlnolpal plaoe of ~0 ~ ~slness In the ~lt~. o , Sta~e 0 ~1 . _, ~ts ~ooo~so~s ~d assigns, 22 ,. so f~ as It lies within the power of sa~ Bo~ of 25 germs ~d conditions a~ l~ltations hereinafter ~de {{ e~ressed, the ~anohise, ~lsht a~ pr~ivilege to 1~. and ~7 maintain aloe, upon ~d across the streets and portions of ..... 28... ,~ .s.treet's.~ ~d other places~- as' her~I~ter describer'S' 2~ :~, City of B~ersfield, Count~ of Kern, State of Oal~o~ia, SO ,, railroad trac~s to pass with ~d operate a ste~ ., thereon, a~ to eonst~et and ~ta~ thereon a robbed of st~d~d b~oad g~e w~th, and to 1~. 1 !i thereon a track or tracks of stand~.~' '....:ldth, together with 2 Ii all necessary curves, side tracks, spurs and switches for ~ ~ the convenient use thereof, and ~o ~.n loco~t~ves and 4 [ thereon and thereove~; which said streets ~d portions off 5 ~ streets and othe~ places ~ said City of B~ersfleld, County 6 {: of Kern, Stats'of California are ~sd~ibed as foll~#$: 7 , lsd. A side tr~k on 15th Street p~allel to ~d ~9 feet 8 ? S~th from t~e center line of the street exte~ing f~m 9 ~;. the East side of Pine Street to the %'~est side of. 0~' Street. ~. 2nd. A tr~k on Popl~ Street co~eno~g at the North 11 ,. line of California Avenue, ~ extended, and ~nning the~e ~ North ~d alo~ the center l~e of said Popl~ Street, to 15 ~ the North l~e of the alley ~nn~g t~ough Blocks 406 14 ,. 406 D; thence c~v~ to the East with a cu~e having a ~. r~s of ~78 feet, ~d ~ing along Popl~ Street, ~d lS ~. =~ress ~th Street-'~o a point on the S~th'l~fle of.Block 406 ?: A. ab~t 2~ feet East of the East line' of Popl~ Street. 18 ~. Std.. A tr~k on Popl~ Street cementing at e. point on ,' Trac~ No. 2-~ above descrlbedj75 feet North of the North ~0.: l~e of lSth street; the~e cu~i~ Northwe'ster~ alo~ 21 ~; Popl~ Street ~d across 14th Street to the Southeast corner ~2 of BlocX 406 B ~d connecti~ with the tr~X ~nni~ across 23 sa~ BlocX 406 B. , 4th'. Side tracks across Pine, Beth and O~ Streets, 25 .~ between 14th and 15th Streets, necess~ to co,eot the 2~ ~, t~ac~s of the railw~ on Blocks 409 B, 408 A, 408 B, 407 A, g7 ~ ' ' [~ 407 B, 406 A a~ 406 B, together with the ri~t to 1~ a~ 1rigs, eross~ tracks ~d connecting trac~s, on ~d between ~0 ~[ the ~oresa~ t~ack ~ the exlstlng tracks of the .; RaXlw~ Co~a~ which the said Rallw~ Co~y cons~er necess- .. ~ for the~ proper operation. All streets, roa~s, Page NO. 2. '.. blocks, lots and tracks herein referred to, s~e ae designated 1 on the official map of the sa~d City of Bakersfield, approved , ~ the Boa~ of T~stee$ of the sa~d C~ty of B~ersfleld, Nove~er 21st, 1898, and filed l~ .the office of the County 4 Recorder of Kern C~ty, state of Oal~o~la, November 25th, 7 ., ~' T~t ~ch tracks ~hen ~ilt will lie upon and alo~ $ [ 15th and Popl~ Streets, and across Pine, Sp~ce, Myrtle, ,~ Beach, E~, Popl~ m~d O~ Streets, ~d the alleys ~ 10 .: ~. Blocks 406 A a~ 406 B in said City of Bakersfield. 11 , ~'. SEC. III. 12 ~.. 1~ ~' The rights, privileges and permission herein ~ted " to said corporation ~e dependent for the~ continua~e and 14 ~ 15 : validit~ upon the perforce ~ said co~o~ation of all the .16. ~{ condlt~ns, as hereinafter._ set forth, to-wit: 17 ~ let. That ~ald co~oration shall const~ct .reliable 18 ~[ -culverts for the passage of water at '~ch points .on ~' roadbed as shall be selected ~ the said Bo~d of T~stees, i, ~d shall keep such culverts In constant repaY. 20 " 21 ; 2n~. Sa~ corporation shall keep its roadbed ~ tracks 22 i~ t~gh~t said city In go~ condition, ~d with proper 23 ~; slopes to enable te~s to pass ~d re-pass thereon a~ where 24 ~i said roa~ crosses ~ street or ~1~ the approaches to 95 ~ road shall be ~aded the ~11 width of said street or ~1~ 2e ~ a~ ~ve the proper pla~s along and between the ra~s the .: ~11 width of said street or alley to permit the crossing 28. ! ...... ~d.._r.ecross~g of ~e~s....there.o.n.~ .. .... 29 ~. ~rd: Fo~ the ~ose of l~lng or repa~l~ said railroad, ~0 ~ or a~ p~t thereof, other th~ the orig~l.const~ctlon Sl - thereof, not ~re than the leith of one block mhall be S2 .. cons~cted at ~ one t~, nor for a period of ~re t~n , Page No. 3. 1 ~ thirty ($0) days and at the expiration of said thirty ($0) s :. dsys said corporation, its successors and assigns, shall I. S i~ forthwith remove all stone, lumber, dirt or r~bbish of ever~ 4 t~ kind and leave the street or portion thereof as olean and 5 ',~ in as good order as it was at the commencement of any such 1! work. -' -' 7 $~ SEG. IV. 8 i The said corporation is to construct and maintain S i: the tracks, slip-switches, switches, crossings, side-cross- 10 !' ~ngs, crossing tracks and connecting tracks on the streets, 11 :. alleys and blocks herein mentioned conformably to the official 12 !~ grade of the said OitM of BaXersfield as established or that 1S ? .. may be established upon the streets, blocks and alleys herein ,. mentioned. 15 1° I; SEC. V. ..~ .... ?:":~?h:.:'- All l~rivlleges and rights-required by said corporation 17 Ii for the construction and maintenance 'of said. roadbed, tracks, 15 !! curves, side-tracks, spurs and switches through private IS !: Property upon the proposed line of said roadbed, tracks, , ~0, curves, side-tracks, spurs and switcl~es shall be secured $1~.'? . .. by said corporation from the owners of such property. o.2 .! BE~ VI SS ti i' If said corporation shall fail for tl~irty dams from 24 .- the passage of this Ordinance to accept' in writing, filed 25 ~ witl~ the Clerk of said Board of Trustees of said City of Bakersfield, the franchise, rights and privileges herein granted, or to con~nenoe in good falth and dul? Prosecute 28_ ...... -t'~' C~onstruc~ion"$f~i~s r'a[ir'oad Wi'thin two'~U~dred dams SS therefrom, then this Ordinance shall be of no force o~ SO effect as a grsn't unto said corporation. Si SEC. VII. SS This Ord~e shall ta~e effect and be in f~rce Page No. ~. t 1 :' from and after Its passage and publ~cat~on~ subject to tho !. above conditions. S I- Passed thi ay . D. 190~, Dy ,'. the followinE vote: 4 ~.. AYES: NOES: ;. ABSENT AND NOT VOTING 8 , I' i. 11 : President of tl~e Board of Trustees of the 1~- $' i': ~ ity off Bakersfield, County of Kern, ; ". State of California. 14 ~' ~ ATTESt: · .. ~ . -~ ~. ~ ~-. I. 24 ;' ~5 . ......... SO [: Page No. 5. i. i'