HomeMy WebLinkAboutOrdinances - No. 107An Ordinance granting to SETCHEL YRUIT ~COBil?ANY, and its suc-
cessors and assigns, the right, privilege and permission to construct,
lay down and maintain, a railroad track, of standard $auge, and to
pass with, and operate, with
electricity, or other lawful
across, certain streets, portions of streets, and other places in the
City of Lodi, County of San Joaquin, State of California.
BE IT ORDAIXED by the Board of Trustees of the City of Lodi,
as follows:
Section 1. The City of Lodi hereby grants to SETCHEL FRUIT
COMPANY, a Corporation, duly organized and existing under and by vir-
tue of the Laws of the State of California, and having its office and
principal place of business in the City of Fresno, County of Fresno,
State of California, and transacting business in the City of Lodl,
County of San Joaquin, State of California, its successors and assigns,
for the term and period hereinafter named, subject to all of the terms
and limitations hereinafter made and expressed, the franchise', right,
privilege and permission to construct, lay down and maintain, over,
along, upon and across, those certain streets, portions of streets,
and other places in t@e City of Lodi, County of San Joaquin, State of
California, as hereinafter described, a railroad track, and to pass
with and operate, aqdkemp, electric, or other lawful motive power,
railroad thereon, and to construct and maintain thereon, a roadbed of
standard broad gauge width, and to lay down and to maintain thereon,&
track of standard width, together with the necessary curves, crossings
and connections, for the convenient use thereof, and to run locomo-
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tives and cars, and electric engines, and cars propelled by electri-
city thereon; and which said streets, and protions of streets, and
other places in said City of Lodi, County of San Joaquin, State of
California, and said roadbed and track, curves, crossings, and con-
nections are as follows:
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A Spur Track, the center line of which is described as fol-
lows, to-wi t:
Commencing at a point in the Morth line of Flora Street, in
the City Of Lodi, California, said point being Fifteen (15) feet West
of the West line of Seaton Avenue, run thence across said Flora Street
on a gradual curve to the left to a point in the South Line of said
Flora Street, bearing West Twenty (20) feet from the West line of said
Seaton Avenue, and thence on, the lands of said SETCHEL PRUIT COMPANY,
a Corporation, to and in front of Lots Fifteen (la), Sixteen (16) and
Seventeen (17) in Block @An, of subdivision of Lot 72 of the Lodi
Barnhart Tract, according to the "Plat of subdivision of Lot 72 of tka
Lodi Barnhart Tract", filed July 8th, 1908, at 3:lO P.M., in the office
of the County Recorder of the County of San JoaQuin, State of Calif-
ornia.
Section 2. The franchise, rights, privileges and permissions
herein granted to said Grantee are dependent for their continuance
and validity upon the performance by said Grantee in full of all con-
ditions as hereinafter sst 'out, to-wit:
First- Said Grantee shall, in all caws, construct, lay
down and maintain his said roadbed in said City of Lodi to the official
grade of the said streets and portions of streets in said City of Lodi,
and shall not construct or raise any portion of his roadbed to a great-
er height than said official grade, unless with the permission of the
said Board of Trustees, of the City of Lodi.
Second- Said Grantee shall construct suitable culverts for
the passage of waterat such points on said roadbed as shall be sel-
ected by the Board of Trustees of the City of Lodi, now, or at any
time during the life of said franchise, and shall keep such culverts
in constant repair.
Third- Said Grantee shall, upon the order of the said Board
of Trustees of the City of Lodi, grade or regrade, gravel or regravel,
plank or replank, pave or repave, macadamize or remacadamize, pile or
repile, with such material as shall be ordered by said Board of
Trustees, of the said City of Lodi, any and all portions of said streets
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along which the track is laid, between the rails thereof, and for a
width extending two feet on each side of said track,
It shall keep the same, including the crossings, constantly
in repair and flush with the streets, and in case crossings are taken
up they must be replaced immediately after the completion of the work.
All work must be done under the supervision and to the satisfaction of
the Superintendent of Streets, and in no case shall said Grantee,iZs suc-
ceS's0l.g ,or assigns,be permitted to run or operate said railroad on said
streets, or portions of streets, where the said track is laid until the
same shall have been approved by the Superintendent of Street$, and by
this Board of Trustees.
Section 3. The franchise , rights, privileges and permissions
hereby granted, are hereby grated for such term, period and length
of time, as shall meet with the pleasure of this Board of Trustees.
Section 4. Said Grantee shall keep its roadbed and track in
good condition, with proper slopes to enable teams to pass and repass
thereon.
Section 5. All privileges and rights required by said Grantee
for the construction and maintenance of said roadbed, track, curves,
crossings and connections through private property, and upon grades
made by private persons are to be by said Grantee secured from the
Owners of said property.
Section 6. If the said Grantee shall fail for thirty days to
accept, in writing, filed with the City Clerk of the City of Lodi, the
ftanchise, rights, privileges and permissions herein granted, or to
commence in good faith and duly prosecute the construction of its said
railroad within sixtyy days from the date of the approval of this Ordi-
nance, then this Ordinance shall be of no force and effect as a grant
unto the said Grantee.
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Section 7. This Ordinance shall take effect and be in force
':-a*? its nassage and approval.
This is to certify that Ordinance No. 107 , was passed to
print by the Board of Trustees of the City of Lodi, County of San Joa-
quin, State of California, on the 25th day of August , 1919,
by the following vote.
Ayes - Uontgomery, Hale, Crose and Black.
Noes - None.
Absent - Trustee Eorehead.
Dated: Lodi, California, the 25th day of Auast 1919,
.- President of the Board or Trustees of
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