HomeMy WebLinkAboutOrd. No. 1946-262 Incomplete'P J9
ORDIYANCE NO. 262
AN ORDI?'ANCE OF T'r'ig CITY OF t,LSINORE GR1'17TIT C
TO TrII +, t1TCi11SON, TOP' ISA. AND SANTA FE R2:IT,7,' V1Y
C0MPir NY, A COriPORATION, A. YEAR FRA[ \'*-
C) :IfiE TO : i IIV1'.sIN END OPERATE CERTAIN RA.IL_Viy
LINES THROUGH AND ACROSS CIPRTAIN STREETS AND
ALLEY:: IN 'I "HE CITY OF KLSINORE, CO`_MTY OF
RIM"SIDE, STATE OF C1,1_ IAA.
The City Council of the City of Elsinore does ordain
%as follows:
'c`T ?i A,-,, heretofore and by Ordinance No. 62 of the City
of Elsinore, the predecessor in interest of the Atchison, Topeka,
and Santa Fe Railway Company was granted a franchise for the
;maintenance, construction and oper•atien of certain railroad tracks
;on certain of the streets and alleys in the City .�f _Elsinore,
[which said franchise expired on the 6th day of January, 1946; and
INEEREAS, said Atchison, Topeka and Santa Fe Railway
Company has filed an application for a new franchise to continue
the operation and maintenance of said tracks;
NOW, I M"EFORE, be it ordained by the City Council
of the City of Islsinore as follows:
Section -l: A fifty year franchise beginning January 6,
1946, is hereby granted to the Atchison, Topeka and Santa Fe Rail -
way Company, a Corporation, of the State of Kansas, its successors
and assigns, to maintain and operate a single or double trace,, and
to construct, maintain and operate sidetracks, switches and turn-
outs, in along and /or across certain streets, the location of the
center lines of which are more particularly described as follows:
(A) A main line track lying along the following
described center line:
Beginning at a ,point in the easterly line of Line Street
(which is also a boundary line of the Laguna Rancho),
distant north 18 °20' east 164.1 feet along said
com:on line from Station 9 of said Laguna Rancho;.
thence northwesterly on a 4 10' curve to the right
to a point in Spring Street 18 feet westerly from
its easterly boundary; crossing Line Street and the
intersection of Line and Library Streets, intersect-
ing the north line of Library Street 7.2 feet westerly
along said northerly line from the westerly line of
Line Street; crossing Limited Avenue and intersecting
the northerly line therof 44.6 feet easterly along
said northerly line from the easterly line of Spring
Street; intersecting the easterly line of Spring
Street 81.6 feet southerly along said easterly line
from the southerly line of Sulphur Street; thence from
the end of said curve in Spring Street, on a tangent
bearing north 18 020' east 18 feet from and parallel
with the easterly line of Spring Street; crossing
Graham, Heald and Sumner Avenues a distance of 1859
fee; thence on a 1 °15' curve to the left for a distance
of 1537.3 feet; cros.Ang Potter Street, intersecting
the westerly line of Soring Street 188,3 feet northerly
along said westerly line from. the northerly line of
Pottery.Street; crossing Flint Street and intersecting
the northerly line thereof 89.8 feet westerly along
said northerly line from the westerly line of Spring
Street; thence from the end of said 1°15' curve,
northwesterly on a 2 30' curve to the left for a
distance of 1302.7 feet; crossing Riley and winthorn
Streets at their intersection, intersecting the
easterly line of Riley Street 13.4 feet southerly
along said easterly line from the southerly line of
I',Unthorn Street, intersecting the northerly line of
ivlinthorn Street 6.3 feet westerly along said northerly
line from the westerly line of Riley Street; crossing
an alley in the block bounded on the easterly and
southerly sides by Riley and kinthorn Streets; crossing
Langstaff' Street and intersecting the westerly line
thereof 220.3 feet southerly along said westerly line
from the northeasterly boundary of Laguna Rancho;
thence from the end of said 2 °30' curve, northwesterly
on a 1°15' curve to the left for a distance of 1084
feet to a point in Collier Avenue about 12 feet
southerly from the northeasterly boundary of Laguna
Rancho; crossing Yoe Street and intersecting the
easterly line therof 113.1 feet southerly along said
easterly line from the northeasterly boundary line of
La; - -;una Rancho, intersecting the easterly end of Collier
Avenue 44.4 feet southerly along said easterly end from
the northeasterly boundary line of Laguna Rancho; thence
from the end of said r 15' curve on a tangent bearing
north 47 west in Collier Avenue, about 12 feet south-
westerly from and parallel to said northeast boundary
line of Laguna Rancho, for a distance of 1430 feet,
more or less, to the no °thwesterly boundary of Chaney
Street which is also the northwesterly boundary of the
City of Elsinore.
Also those certain spur tracks in the City of Elsinore
described as follows:
(B) A spur track originating in the above described
main line at a point approximately 25 feet southerly
from the south line of limited Avenue; thence north-
easterly and northwesterly along convenient curves
and tangents across Limited Avenue, Sulphur Street,
Graham Avenue and Bath Street to a connection with. said
main _line in Spring Street distant approximately 120
feet northerly along saj.d main line from the westerly
prolongation of the northerly line of Bath -Street,
intersecting the northerly line of Limited Avenue
approximately 50 feet easterly theron from the easterly
line of Spring Street, intersecting the Southerly and
northerly lines of Sulphur Street approximately 43 feet
easterly theron from the easterly line of Spring Street
intersecting the southerly and northerly lines of
Graham Avenue approximately 43 feet easterly theron
from the easterly fine of Spring Street and intersect-
ing the southerly line of Bath Street at the easterly
line of Spring Street.
(C) A spur track originating in the above described
spur (B) and crossing Sulphur Street, intersecting
the Southerly line therof approximately 39 feet
easterly along said southerly line from the easterly
line of Spring Street and intersecting the northerly
line of Sulphur Street approximately 31 feet easterly
thereon from the east line of Spring Street.
(D) A spur track originating in the above described
main line at the northerly line of Sumner Avenue;
thence northeasterly along convenient curves to,a point
which lies 3 feet , ^iesterly from the easterly line of
Spring Street at a point 181 feet northerly thereon
from the north line of Sumner Avenue; thence north
18°20' east 3 feet westerly from and parallel to said
east line of Spring Street, a distance of 170 feet to
point of ending.
(E) A spur track originating in said main line and
crossing Flint Street; intersecting the southerly line
of Flint Street 52 feet westerly theron from the
westerly line of Spring Street and intersecting the
northerly line of Flint Street 58 feet westerly theron
from the westerly line of Spring Street.
Section 2: The right, privilege, per»i.s
hereby granted are dependent for their continuance
upon the performance by the grantee in full of all
as hereinafter set out, to- �!,!it:
lion and franchise
and validity
the conditions
;
e.x
(a) Said corporation shall in all cases construct, lay
down and maintain its roadbed in the City of Elsinore along said
route to the official grade of said streets and alleys and
portions thereof in said City of Elsinore and shall not construct
or raise any portion of its roadbed to a greater height than said
official grade, unless with the pBrmission of said Council of the
City of Elsinore.
(b) Said corporation shall construct suitable culverts
for the passage of water at such points on said roadbed as shall
be selected by the Council of the City of Elsinore, now or at any
time during the life of said franchise, and shall keep such
culverts in constant repair.
(c) Said corporation shall, upon the order of the said
Council of the City of Elsinore, grade or regrade, gravel or
regravel, plank or replank, pave or repave, macadamize or r•ema-
cada.mize, pile or repile, with such material as shall be ordered
by said Council of said City of Elsinore, any and all portions
of said streets and alleys along or across which said track is
laid, between the rails thereof and for a width extending two
(2) feet on each side of each rail. It shall keep the same,
including the crossings, constantly in repair and flush with the
streets and alleys, and in case crossings are taken up they must
be replaced immediately upon completion of the work. All work
must be done under .the supervision and to the satisfaction of
the Superintendent of Streets.
Section 3: Said corporation shall keep its said road-
bed and track in good condition, wit ', proper slopes, to enable
teams or veiicles to pass and repass thereon.
Section 4: A failure or neglect to comply with any of
the terms or conditions of this franchise, or of any ordinance
now in force or hereafter adopted by said City of Elsinore, in
the exercise of its police power, which continues for ninety (90)
days after written demand for the performance thereof, shall
entitle the City, by resolution, to forfeit this franchise, or,
at its option, to take such other action as may be appropriate
for the enforcement thereof.
Section 5: This franchise is granted upon each and
every condition herein contained and shall ever be strictly
construed against grantee. Notl;ing shall pass by this grant
to grantee unless it be granted in plain and unambiguous terms.
Each said condition is material and essential to the granting
of this franchise.
Section b: Each section of this ordinance and each
part therof is declared to be an independent section or part
of section. If for any reason any section or part thereof is
declared to be invalid, the remainer of this franchise shall
not be affected thereby. This franchise is granted subject to
all the terms, conditions and restrictions provided by the
charter of the City of Elsinore and by the laws of the State of
California.
Section %: Grantee shall Have fifteen (15) days from
and after the effective date of this ordinance within which to
file a written acceptance of this franchise with the City Clerk
of the City of Elsinore and no rights shall be conferred hereby
until the acceptance is filed.
Section 8: Grantee shall ;gay all expenses incidental
to the granting of t'-is franchise.
Section 9: This ordinance stall take effect from and
after thirty (30) days from its final passage, adoption and
a; >pr ova 1.
Section 10: Thie City Clerk of the City of Elsinore
shall certify to the passage of this ordinance and cause same
to be printed and published for one day in the Elsinore Leader-
Press, a newspaper of general circulation in the City of Elsinore.
4
I, Paul Kuenzli, the duly elected, qualified and acting `.
'Clerk of the City of Elsinore, California, do hereby certify that
'the foregoing Ordinance was duly and regularly introduced on the
!28 day of January, .1946, and was adopted b;,• the Council of the said
(City of Elsinore at the meeting held on the 11 day of February,
1946, by the following vote:
t
Ayes: 5
i
Noes: None
Absent: gone
. 1946.
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Clerk of the City of Elsinore
I hereby approve, the foregoing Ordinance this day of
Rlayor of the City of Elsinore