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HomeMy WebLinkAboutOrdinances - No. 133OXDINANCE NO. 133 AN OIIDI~JAIJCZ GRAIITIN': TO CEIJTRAL C-~I,I~OXJ Ia TIIAWION CONPAUY, A PLAC~: 03 SUSIN~CSS IU YES CITY am COUIZY 07 SAP^ ~RLNCISCO, STATS OF CALI- RAILSOAD CORPORATION, DULY 09G.41:IZdD AJ?D BXISTIKG': UJYDE? AKD SY YQTUE OF THX LA'!/S OP THE STATE: OF C~II70RKIA,AND I-IAVIBG ITS OTIC8 AKD PRIT~CIPAL JORPTIA, AliD TRX'ISACTING BUSIXBSS IR TEId COU13TY 07 SAX JOAgUIW, STATE OF CALIFORNIA, ITS SUCCESS07.S 1151 IIJT'dRdS'2 ADD ASSISGS, TKZ RIGHT, P31VILi3GZ TRACK OF STP-BDARD 3UAGd , TOR TEE TRAlfSPOETAPI OB 03' ?RREIGHT, T07dTHd:ii AITE THd RIGHT, PRIVILdGd ADD Yd13:ISSIOPJ 70 LAY DO'?& LQ?D 1:AIBTAInT THE: l?ECASSARY OVrlBS, CIIOSSIidSS AIdD CONIJ~:CTIOBS, AND !i!Hd RIGET TO IIUIV' CAZS '?Hd?dOU AbD THERdUIJUdR, PROPfiLLdD 4KD 0Pd:9A2ED BY 3LLCi'I;ICITY, OR BY OTHSH LAWFUL KO- OVKI,RII~,AZ, OH UI~)J~KCROUI<U VIRdS, OI:, OVd9 ,tiLOIv'S, C'POLJ' dl~i) AC9OSS T€i% STRGTS , PoRJ!IOBS o$ STI?EdTS, 8'1dI:'Jj?:S Ah3 O'ilKrB PLacsS IIJ TEA CIYY 02' LO3L, COUluli'Y 02 SAli ZOAQUIl!; , STBJA 02 CALIdORB IA ,AHD PARTI CULBIUY DZil;SC?I S%D AS POLLOlh'S. Commencins; for the center line of said spur track at a point 5 feet dast of the ':Vest line of Seaton avenue, md 30 feet Iv'orth of the ITorth line of Zlora Street produced Jesterly, as said Seaton Avenue md Tora Street are shown and delineated on the "Plat of Subdivision of Lot 72 of the Lodi Barn- hart Tract," filed July 8, 1908, and recorded in 3ook of IJaps, Vol. 4, Paw 30, in the office of the County Recorder of San Joaquin County, California, said point of commencement beinp: the South end of present Centrd Cdifornia Traction Company's spir track alonlr Seaton Avenue, and heinrr dlso dngineers Station 0-00; thence Southerly, 5 ieet Last of, md pardlel to the iv'est line of Seaton Avenue. a distance or" 687.0 feet to Enqirnears Station 6-fi7.0; thence Southerly, on a madual curve to the ri@.t, havinP: a radlius of 150 feet, a distance of 39.0 feet to a point in the North line of Tokay Street, as said Tokay Street is shown on the above mentioned "Plat of Subdivision of Lot 72 of the Lodi darnhart Tract";thence continue on above noted curve to . on a ,vadual curve to tke left, havina a radius of 150 feet, a distance Of r 31.0 feet to a point in the South line of Tokay Street, beina dnrrineers Sta- tion 7-96.5. i BE IT ORDAIE3D by the Hoard of Trustees of the City of Lodi, as follows: ' Section 1. The City of Lodi hereby wants to Central California Traction ADD PEiihiISSIO1; TO COIJS12UCT ,LAY 30"N, hiAIW!AIId AW OPbRATE A SPUS RAILROAD 1 I PIVd POivSIi, EYLCd:PT IiOBSdS AhD IXJLdS, ','iI1Ii LLL 'YE ITJCXSSh!!Y POLZS ,"II\rD TO -WIT : the right, Southerly 39.5 feet to dnaineers Station 7-65.5; thence Southerly Company, a railroad. corporation duly oraanixed and existinq under and by vir- tue of the laws of tl?e State of California, and transacting business in the County of San Joaquin, State of Cali€ornia,its siiccessors in interest and assi,ons, the right,privilepe and permission to construct ,lay down,maintain, and operate a spur railroad track of standard wauge,for the transportation of freiTkt, toRther with the rif?kt,privileRe and permission to lay down and maintain the necessara curbs,crossinqs and connections, and the riqht to run cars thereon and thereunder,proQelled and operated by electricity or by any other lawful motive power, except korses and mules, with all the necessary poles and overhead or imderground wires,on,over,alona, upon and across the streets, portions of streets,avenues and other places in the City of Lodi, County of San Joaquin,State of Cdifornia, and particularly desdribed as follows, to-wi t: - ____ __-___- ___I_-___-- I_ __I -- 1~8Commencing for the center line of said spur track at a point 5 feet i'ast of the ',lest line of neaton bvenue, and 30 feet Uorth of the liorth line of ?loraStreet nroduced ;/esterly, as said Seaton Avenue and Ylora Street are shown and delineated on the "Plat of Sllbdivision of Lot 72 of the Lodi Barnhart Tract," filed July 8, 1908, and recorded in Hook of Maps, Vol. 4, Pane 30, in the office of the County Zecorder of San Joa- quin County, California, said Point of commencement being the South end of present Central California Traction Company's spur track along Seaton Avenue, and beinq also 3ngineers Station 0-O0;thence Southerly, 5 feet 8ast of, and parallel to the Jest line of Seaton Avenue, a distance of 687.0 feet to Xnnincers Station 6-87.0;thence Southerly on a gndual curve to the risht, havinp a radius of 150 feet,a distance of 39.0 feet to a point in the Iiortk line of Tokay Street, as said Tokay Street is shown on the above mentioned "Plat of Subdivision of Lot 72 of the Lodi Barnhart Tract"; thence continue on above noted curve to the ri?kt, Southerly 39.5 , feet to Engineers Station 7-65.5;thence Southerly on a Fadual curve to the left, having a radius of 150 feet, a distance of 31.0 feet to a point in the South line of Tokay Street,being hgineers Station 7-96.5. to said Grantee are dependent for their continuance and validity upon the performance by said Grantee in full of all conditions as hereinafter set out, to-wit: First-Said Grantee sh&l,in all cases, construct,lag down and maintain its said roadbed in said City, of Lodi to the official wade of the said Dtreets and portions of streets in said. City of Lodi, and shall not con- struct or raise my portion of his roadbed to a geater height than said official grade, upless 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 water at such pojnts on said roadbed as skdl be selected by the Board of Trustees of the City of Lodi, now,or at ary time durinq the life of said franchise,and shall keep such culverts in constant repair. Third-Said Sraltee shd1,upon the order of the said 13oard of Trustees , of th City of Lodi, vade or reFSrade,Fpavel or regrave1,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 md all -oortions of said streets alonz which the track is Inid, be- tween the rails thereof,and for a width extendins two ieet on each sjde of said track. It shdl keep the same ,includinrr the crossinas,constantly in repair md flush with the strefts, and in case crossinss are taken up they must be done under the sunervision ,and to the satisfaction o€ the Superinten- dent of Streets, and in no case shall said Cr?mtee,its successors in in- terest, or assims, 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 Streets, and by this Board of Trustees. Section 3. The franchise, riqhts, privileses and permissions are hereby granted €or such term, Deriod and lenrrth of time, as &all meet with the pleasure of this Joard of Trustees. Section 4. Said ;rantee shall keep its roadbed and track in good condi- tion, with proper slopes to enable teams to pass and repass thereon. Section 5. All privilems and rizhts required by said Grantee €or the con- struction and maintenence of said roadbed, track,,curves,crossinss and connec- tions tkrouah nrivate property,and upon mndes made bg private persons are to be by said Grantee secured from the owners of such property. Section 6. If the said Grantee shall fail for thirty days to accept, in writinc,filed with the City Clerk of tke City of Lodi, the franchise,ri~ktS, privileges and permissions herein granted,or to commence in sood faith and duly prosecute the construction of its said railroad within sixty days Prom tke date OP the approval of this Ordinance,then this Ordinance shall be of no force and effect as a grant unto the said ?rantee. ijection 7. This Ordinance shall take effect and be in force thirty (30)( days from and after its passage and approval. Countil, City of Lodi, on :Zonda:j, Aurust 21, 1922, and thereafter final- ly pass€d,adopted and ordered to mint at a remlar meetinlr of said Coun- cil held on Xonday, Auzust 28, 1922, by the followina vote: BYES: Trxstees IIale, 'Iettler, Spooner and Shattuck. ' tO%S: None. ABSdljT: Trustee IIickok. -* Section 2. The €ranchise ,ri&ts,privile ges and permissions herein oscanted I be replaced immediately after the comple tion of the work. A11 work must I -1 -----o----- The foreRoinr Ordinance ITo. 133 was duly introduced in the Citi , At te st : J. F. BLAXELY City Clerk. <-- IT