HomeMy WebLinkAboutOrdinances - No. 113OFiDIHAXCE NO. /!3 -
An Ordinance granting to PACIFIC FRUIT EXCHANGE , INCOBORATED,
a corporation, and its successors and assigns, the right, privilege and
permission to construct, lay down and maintain, a railload track, of
standard gauge, and to pass with, and operate, with locomotive andcars,
propelled by stem, electricity, or other lawful motive power, over,
along, upon and across, certain streets, portions of streets, and other
places in the City of Lodi, County of Sa,n Joaquin, State of California.
BE IT ORDAINED by the Board of Trustees of the City of Lodi,
as follows:
Section 1. The City of Lodi hereby grants to PACIFIC FRUIT
EXCWGX, INCORPORATED, a corporation, duly organized and existing under
and by virtue of the Laws of the State of California, and having its
office and principal place of business in the City of Sacramento, County
of Sacrafiento, Stste of California, and transacting business in the City
of Lodf, County of San Joaquin, State of California, its successors and
assigns, for the term and period hereinafter naned, subject to all of the
terrns and limitctions hereinafter made and expressed, the francliise, right,
privilege and permission to construct, lay down e,2d maintain, over, along,
Lxpon and across, those certain streets, portions of streets, and other
places in the City of Lodi, County of Sail Joaquin, State of Californis, %s
hereinafter described, a railroad track, and to pass with, and operate, a
steam, electric, or other lawful motive power, railroad- thereon, mnB to
construct and maintain thereon, %. roz&be& of standard broad gauge width,
and to 1z.y down znd maintain thereon, a track of standard width, together
vrith the necessary cilrves, crossings and connections, for the convenient
use thereof, and to run loccmiotives and cars, and electric engines, and
CGTS propelled by electricity thereon; and which said streets, an& por-
tions of streetu, and other places in said City of Lodi, County of San
Joaquin, State of California, and ssid roadbed and track, curves, cross-
ings, Fad connections are %s follows:
A Spur Track, the center line of which is descri3ed as follows,
to -wit :
Comrnencing at a point on the Central California Traction Com-
pany's first tracic to the Pioneer Fruit shed in the said City ol' Lodi,
California, ninety (90) feet South of the South line of Lodi Avenue
in said City of Lodi, and running thence Southerly on a curve to the
Left with a radius of one hundred fii'ty (150) feet, a distance of seven-
ty (70) feet to a goint; thence on a curve to the right with a radius
of one hundred fif'ty (150) feet a distance of seventy (70) feet to a
point Past of the Bast line of Seaton Avenue; thence Southerly tvro (2)
feet East of, and parallel to, the East line of said Seaton Avenue on
a straight line three hundred (300) feet, more or less, to Lots Hos.
Eleven (ll), Thirteen (13)) Fifteen (15), and Seventeen (17), in Block
rlBfl, according to the Map of Zodi Barnhart Tract, filed Bovember 5th,
1906, at 3:05 o'clock P. M., in the office of tlie County Recorder of
the County of San Joaquin, Sta.te or Caiiforniz.
See. 2. The franchise, rights, privileges and permissions
herein granted to said Grantee are dependent for their coiitinUance and
validity upon tine perfonnpce by said Grantee in full of all conditions
as hereinafter set out, to-wit:
First - Said Grantee shall, in all cases, construct, lay down
and rnaiiltain his said road-bed in said City of Lodi to the official
grade of tne said streets and portions of streets in said City of Lodi,
and shall not construct or raise any portion of his roadbed to EL great-
er height tnan said official grade, unless with the pemiission o€ the
said Board of Trustees, of the Ci-ty of Lodi.
Second - Said Grantee shall construct suitable culverts for
the passage of water at sich poifits an said roadbed as shall be sel-
ected by the Board of Trustees of the City of Lodi, now, or at any
tune during the life of said franchise, and shall keep such culverts
in constant repair.
Third - Said Grantee shall, upon tne order of tile said Board
of Trustees of the City of Lodi, grade or regrade, gravel or regravel,
2.
plank or replank, pave or repave, macadamize or rernacadaxnize, pile or
repile, with such material as shall be ordered by said Board of Trustees,
of the said City oi' Lodi, any and all portions of said streets along
which the track is &.aid, between the rails tnereof, and for a width
extending two feet on each side of said track.
It shall keep the saine,inc.luding tile crossings, constantly in
repair and flush with the streets, and in case crossings are taken up
they mast be replaced immediately after the completion of the work. All
work midst be done under the supervision an6 to the satisfaction of the
I Superintendent or Streets, and in no case shall said Grantee, its succ-
essors or assigns, be perrnitted to run or operate said railroad on said
streets or portions of streets where the snid track is laid until the
same shall iiave been approved by the Superintendent of Stree'cs, and
by this Board of Trustees.
See. 3. The franchise, rights, privileges and pewiissions
hereby granted, are hereby granted for such te-m, period and length
of tirne, as shall meet with tile pleadsure of this Board OI Trustees.
Sec. 4. Said Grantee shall keep its roadbed and track in
good condition, lnitii proper slopes to enzble teams to pass and repass
thereon.
Sec. 5. All privileges and rights required by said Grantee
for the construction and maintenance of said roaabed, track, curves ,
crossings and connections through private property, and upon grades
made by private persons are to be by said Grantee secured frorn the own-
ers of such property.
See. 6. If the said Grantee shall fail for thirty 6ays to
accept, in writing, filed with the City Clerk of the City of Lodi,
the franchise , riats , privileges and pemisaions herein granted, or
to comence in good faith and duly prosecute the construction of its
said railroad within sixiy days from the date of tile approval of this
Ordinance, then tnis Ordinance mall be of no force and eflect as a
grant unto tile said Grantee.
Sec. 7. This Ordinance shall take effect and be in force
from and after its passage and approval.
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