HomeMy WebLinkAbout66-105RESOLUTION 66-105 CONDITIONALLY PEP~LITTING THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO LAY ITS RAILROAD TRACKS AND TO RUN ITS CAR~
ACROSS DYER ROAD BETWEEN NEWPORT FREEWAY AND
REDHILL AVENUE IN THE CITY OF SANTA ANA
BE IT RESOLVED: That the right is hereby granted to the
Atchison, Topeka and Santa Fe Railway Company to lay two railroad
tracks to rUn its cars across Dyer Road in the City of Santa Ana
over a strip of land described as follows:
The northwesterly 34.00 feet of the southwesterly 22.00 feet
of Lot 105, Block 9, and the northwesterly 34.00 feet of the
northeasterly 82.00 feet of Lot 108, Block 9 of Irvine's
Subdivision as per map recorded in Book 1, page 88, of
Miscellaneous Record Maps in the office of the County Recorder,
Orange County, California,
and shown in RED on the map attached hereto.
BE IT FURTHER RESOLVED: That said right is granted upon the
condition that said grantee or its successor or assigns shall do
the following at its own expense:
(a) Construct ultimate street improvements on Dyer Road from
ten feet westerly of the center line of Lead Tract No. 15
to twenty-two feet easterly of said center line. Street
improvements shall include paving, curbs, gutters, sidewalks,
median island and drainage facilities to provide drainage
under tracks, to meet approval of the Department of Public
Works of the City of Santa Ana;
(b) Submit street improvement plans for roadway work on Dyer
Road to provide ultimate street improvements including
drainage, to meet approval of the Department of Public
Works of the City of Santa Ana;
(c) Install four Standard No. 8 flashing light signals. At any
time in the future when the Public Utilities C~,~ission of
the State of California shall deem them necessary, automatic
gates shall be installed by the Atchison, Topeka and Santa Fe
Railway Company;
(d) Replace all improvements removed due to change in elevation
or alignment of the tracks by the Atchison, Topeka and
Santa Fe Railway Company;
(e) 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, rails and
ballast;
3. Relocate any existing cross arms, automatic signals or
other railroad equipment as may be necessary.
(f) Provide for the maintenance of pavement and sidewalk within
the track area, which is that area between the two rails of
a track and two feet outside thereof, and between track areas
if the distance between the center lines of adjacent tracks
is less than fourteen feet;
(g) Provide for the maintenance of any protective devices installed
for the crossing with the exception of advance warning signs
and pavement markings;
(h) Prepare all drawings, maps, and documents necessary for appli-
cation to the Public Utilities Cc~ission of the State of
California in accordance with State law for the establishment
of the crossing.
BE IT FURTHER RESOLVED= Thst it is expressly understood that
the City of Santa Ana, in making the grant of this permit, reserves
the right to improve, alter, or repair all of said street, or any
part thereof, and to lay sewers, 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 is especially granted upon all and each of the
provisions and conditions herein contained. If the grantee or its
assigns shall fail in any particualr to comply herewith or with any
provision hereof, all rights to this permit shall be thereupon
forfeited and this grant shall be null and void. Nothing herein
contained shall be construed in any manner as granting an exclusive
franchise.
PASSED AND ADOPTED by the City COuncil of the City of Santa
Ana at its regular meeting held on the 1Sth day of July, 1966.
ATTEST:
RK OF TH~ COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk of
the Council of the City of Santa Ana; that the foregoing Resolution
was regularly introduced to said Council at its regular meeting held
on the 18th day of July, 1966, and was at said meeting regularly
passed and adopted by the following vote, to wit:
AYES, COUNCILMEN: Gilmore. t.,¢c~ks, ~urk, Herren, Markel
~w, Mieh~el, HII'*I~
NOES, CO~CI~N: Nene
~S~T, COUNC I~N: None
CLERK OF THE COUNCIL
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f
i~,- ;i RO,4D
BEFORE THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF CALIFORNIA
Application of The Atchison, Topeka )
and Santa Fe Railway Company, a cor- )
poration, for authority to construct, )
maintain .and operate two lead tracks .)
across Dyer Road in the City!of )
Santa Ana, State of California )
)
No. 48670
Amended ~pplication
The application of The Atchison, Topeka and Santa Fe
Railway Company, a corporation, 121 East Sixth Street,
Los Angeles, California 90014, respectfully shows:
1. Communications in regard to this application are to
be addressed to its attorneys, namely, John J. Balluff and
Averil D. Vallier, 448 Santa Fe Building, 121 East sixth Street,
Los Angeles, california 900].4.
2. The applicant's principal place of business in the
State of California is in the City of Los Angeles, County of
Los Angeles.
3. Applicant is a corporation, duly organized and existing
under the laws of the State of Kansas, as is shown by a certified
copy of its articles of incorporation, filed with your Honorable
Commission on August 1, 1912, in Application No. 173, and is en-
gaged in the business of a common carrier of freight and passengers
in the State of California.
4. Application is made pursuant to the provisions of
Section 1201 of the Public utilities Code of the State of California.
5. Applicant desires to construct, maintain and operate
two lead tracks at grade across Dyer Road in the City of Santa Ana,
State of California at the location and in the manner shown upon
map and profile of Division Engineer's Drawing No. 28-29997 dated
November 17, 1965, revised November 1, 1966, attached hereto as
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Exhibit "A" and by this reference made a part hereof. The pro-
posed track crossings are shown in red on said Exhibit "A" and it
is suggested that it be identified as Crossing NOo 2-179.3-Co
6. The legal description of the center line of the first
of the proposed tracks at the crossing is as follows:
LEAD TRACK NO. 15
Beginning at a point on the northeasterly line
of Dyer Road distant northwesterly 1311.7 feet from
the center line of Red Hill Avenue; thenc~ southwesterly
120.0 feet to the point of ending on the southwesterly
line of Dyer Road distant northwesterly 1311.70 feet
from the center line of Red Hill Avenue.
7. The legal description of the center line of the second
of the proposed tracks at the crossing is as follows:
SECONDARY LEAD TRACK
Beginning at a point on the northeasterly line
of Dyer Road distant northwesterly 1297.7 feet from
the center line of Red Hill Avenue; thence southwesterly
120.0 feet to the point of ending on the southwesterly
line of Dyer Road distant northwesterly 1297.7 feet
from the center line of Red Hill Avenue.
8. The proposed lead tracks are required by Applicant in
order to provide rail service to serve the developing industrial
area of Irvine Ranch located south of Dyer Road.
9. Attached to the original Application marked Exhibit "B"
and by this reference made a part hereof, is a copy of
Resolution No. 66-105 adopted by the City of Santa Ana granting to
applicant the right to construct said lead tracks across Dyer Road.
10. It is proposed that it be protected by four Standard
No. 8 flashing lights with two flashing lights being to the sides
and two on the median strips, due to the relatively light train and
vehicular traffic expected. However, should conditions change
sufficiently in the future to warrant a higher degree of crossing
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proteotion, Santa Fe will install same either of its own accord or
at the request of the commission. A separation of grade is not
practicable under all the circumstances.
11. At the present time industry is being constructed on
the Irvine Ranch south of Dyer Road and it was expected that said
construction would be completed and will necessitate rail service
by September 15, 1966.
WHEREFORE applicant respectfully prays that your Honorable
Commission make an Order authorizing the construction, maintenance
and operation of the proposed tracks across said Dyer Road, in
the City of Santa Ana, and that the effective date be immediate
at the time of the Order waiving the normal tweDty days.
Dated~ November ~ , 1966.
Respectfully submitted,
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
Assistant Secretary
JOHN Jo BALLUFF
AVERIL D. VALLIER
Attorneys for Applicant
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGEL~S )
R. W. HUGHES declares that he is the Assistant Secretary of
The Atchison, Topeka and Santa Fe Railway Company in the above-
entitled action; that he has read the foregoing Application and
knows the contents thereof; and certifies under penalty of perjury
that the same is true of his own knowledge, except as to the matters
which are therein stated upon his information and belief, and as
to those matters that he believes the same to be true.
Dated at Los Angeles, California, this ~ day of
November, 1966.
Assistant Secretary
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STATE OF CALIFORNIA )
) SS.
COUNTY OP LOS ANGELES )
SUZANNE F. MODENE certifies that the undersigned is a
citizen of the United States and a resident of the County of
Los Angeles; that the undersigned is over the age of eighteen
years and is not a party to the within and above-entitled
Application; that the undersigned's business address is
448 Santa Fe Building, 121 East sixth Street, Los Angeles,
California 90014; that on the ~ day of November, 1966, the
undersigned mailed a copy of the foregoing Application to
City of Santa Ana, Santa Aha,
is a delivery service by U. S. Mail to
Ruth C. Poe, City Clerk,
California. That there
the place so addressed.
The undersigned
the foregoing is true and correct.
Dated at Los Angeles, california,
November, 1966.
certifies under penalty of perjury that
this ~ day of
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EXHIBIT
FRANCHISE DRAWING
THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY
C.E.C.L. NO. :>8-2.9997
PROPOSED LEAD TRACK5 AtLROS$ DYER ROAO IN THE CITY
SANTA ANA ~ ORANGE COUNTY~ CALIFORNIA
LOS ANGELES. CaLif. J.G. FrY
,~OVEMBER 17, 1965 CHIEF ENGINEER
REViSFD ~iOV. I, 1966
SCalES: AS SHOWN
OF
TO £ND~
TRA
A. T. & 5. F. NY ".O,
.... IOr
TO 4TH. DisT. MAIN TRK.
-PLAN-
SCALE: I"
t -REDHILL , ~:
LEGEND
PROPO.SED LEAD 'TkACK5 ACRO55
DYCR R ~AD AND CROSSING PRO-
TEC. TION 3HOW.~ RED.
ROAD ~ ~ < ~
LOCATION SKETCH
5~ALE: I IN. TO 3300 ~T.
LEFT - TO REDHLLL AVE.
RIGHT-TO NEWPORT AVE,
3 2 I 0 ( 2
PROFILE ALONG ~ OF DYER RD.
SCALES; HORIZ.
YERT. I": 4'
3
TO EhD
5~
TO MAIN TRACK
85 84, 83 82 81 8,0
PROFILE OF PROPOSED LEAD 'I'RACKS
SCALES; HeRtz. I,','
VERT.I
4'
79 7~,