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HomeMy WebLinkAbout59-336 RESOLUTION NUMBER 5o-qg6 permitting the Atchison, Topeka aha Santa Fe ~milway Co~pany to lay its railroad track and to run its cars across Ritchey Street in the City of Santa Ana~ and rescinding ~solut~on No. 59-~94. The City Council of the City of Santa Ana does resolve as follows: SECTION l: The right is hereby granted to the Atchison, Topeka and Santa Fe Railway Company to lay its railroad track to run its cars across Ritchey Street in the City of Santa Aha over the following described portions of Ritchey Street; PARCEL l. A strip of land seventeen (17) feet in width, the center- line of which is described as follows: Beginning at a point on the East line of Ritchey Street, Fifty (50) feet wide, 956.? feet Southerly measured along said East line, from the South line of McFadden Street. forty (40) feet wide and running thence Northwesterly in a straight line to a point on the West line of said Ritchey Street which is 945. feet Southerly, measured along said West line, from said South line of McFadden Street, said seventeen-foot strip being bounded, by a line forty-two (42) feet easterly and westerly of the su~eyed center line of Ritchey Street. PARCEL 2. A strip of land seventeen (17 feet in width the center line oF which is described as follows: Beginning at a point on the East line of Ritchey Street, fifty (50) feet wide, 961.00 feet Southerly, measured along said East line, from the South line of McFadden Street, forty (40) feet wide and running thence Westerly in a straight line parallel with the center line of said McFadden Street to the West line of said Ritchey Street, said seventeen-foot str~p being bo%u%ded by lines forty-two (42) feet Easterly and Westerly of the surveyed center line of Ritchey Street. SECTION 2. The said right is granted u9on condit%oD thet the said grantee or i~s successor or assigns shall do the following at t?~ir own exD.n~e. (a) Replace all existing street improvements removed in constructing the original tracks and provide for necessary drainage a]on~ street right of way. (b) Install any of the following protection devices at anytime the Public Utilities Commission of the State of California deems them necessary. 1. Automatic flaahin~ lights, bells and/or gates 2. Fixed signs 75 B (c) Replace all improvements removed due to change in elevation or alignment of the tracks by the railroad. (d) Provide for the following at such time as the street is altered by the changing of its elevation or alignment or increase of its width. 1. Raise, lower and/or alter any existing tracks as may be necessary both inside and outside the limits of the crossing. 2. Prepare any existing tracks to receive pavement such as necessary replacement or installation of ties, rail and ballast. 3.Relocate any existing cross arm automatic signals or other railroad equipment as may be necessary. (e) Provide for the maintenance of plants or pavement within track area (Note: Track area is the area between the two rails of a track and two (2) feet o~tside thereof) and between track areas if the distance between the center lines of adjacent tracks is less than fourteen (14) feet, (f) Provide for the maintenance of any protective devices installed for the crossing with the exception of advance warning signs and pavement markings~ SECTION 3: It is expressly understood that the City of Santa Ana, in making the grant of this permit, expressly reserves the right to improve, alter or repair all of said street or any part thereof, and to ].ay sewers or pipes or conduits for water or other purposes therein; such work to be done by the City so as to obstruct or injure the tracks as little as possible. It is further understood that this permit upon is specially granted/all and each of the provisions and conditions herein contained; and if the grantee or its assigns shall fail in any particular to comply therewith, or with any of them, then, and in that case all rights to this permit shall be thereby forfeited and this grant be null and void, and that nothing herein contained shall be const~ed in any manner as granting an exclusive franchise. Resolution No. 59-294 is hereby rescinded. PASSED AND ADOFrED by the City Council of Santa Aha at its regular meeting held on the 21st __ day of December . 1959. ATTEST: Clerk o~ the Council (SF~L) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Aha: and that the foregoing resolution was regularly introduced to said Council at its regular meeting held on the 21st day of December 1959, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN Royal ~. Hubbard, Rob B~r, ~. A. Hall NOES, COUNCILMEN ABSENT, COUNCILMEN Mtanley C. Gould, Jr., Dale M. Meiuly 'C~l~rk of the C~ouncil