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Home My WebLink About12786 1 RESOLUTION NO. /~ 7 f 0 / 2 RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A PERMIT TO THE ATCHISON, TOPEKA AND sANTA FE RAILWAY COMPANY, A CORPORATIO , 3 ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT A LEAD TRACK AND SIDING ACROSS VICTORIA AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 SECTION 1. The Atchison, Topeka and Santa Fe Railway Company, ,a corporation, its successors and assigns, is hereby granted a permit to construct, maintain and operate a lead track and siding, at no cost to the City of San Bernardino, across Victoria Avenue, east of Tippecanoe Avenue, in--the City of San Bernardino, more particularly described as follows: 12 - LEAD TRACK - 13 Beginning at a point in the southerly line of Victoria Avenue (80 feet wide) distant 777 feet easterly, along said southerly line, from the point of intersection with the easterly line of Tippecanoe Avenue (80 feet wide); thence northeasterly along the arc of a curve, from whence a tangent forms a northeasterly angle of 570 OS' 46" from said southerly line of Victoria Street, concave northwesterly and having a radius of 478.34 feet through a central angle of 100 49' 04" a distance of 90.2 feet to point of ending in northerly line of Victoria Avenue. 14 15 16 17 18 19 - SPUR TRACK - 20 Beginning at a point in the southerly line of Victoria Avenue (80 feet wide) distant 810 feet easterly, along said southerly line, from the\~int of intersection with the easterly line of Tipp~anoe Avenue (80 feet wide); thence northeasterly along the arc of a curve from whence a tangent forms a northeasterly angle of 580 OS' 58" from said southerly line of Victoria Street, concave northwesterly and having a radius of 459.28 feet through a central angle of 110 09' 09" a distance of 89.2 feet to point of ending in northerly line of Victoria Avenue. 21 22 23 24 25 26 SECTION 2. The term of this permit is years, commencing on -:/l(7~~/:l7 and forty-nine (49) 27 28 terminating on ?17 ~1. ';<o,52~ . .. 1 SECTION 3. Crossing protection facilities will be installe 2 and maintained in accordanoe with the requirements of the Californ a 3 Public utilities Commission, at no cost to the City of San 4 Bernardino. 5 SECTION 4. That the Atchison, Topeka and Santa Fe Railway 6 Company, and its successors and assigns, shall keep said tracks, 7 the surfacing between the rails and for two feet on each side 8 thereof, in repair, and at all times flush and level with the 9 surface of the street, and all repairs shall be made at the 10 expense of the Atchison, Topeka and Santa Fe Railway Company and 11 to the satisfaction of the Street Superintendent of said City; in 12 case the Atchison, Topeka and Santa Fe Railway Company fails to 13 comply with the instructions given by the Street Superintendent 14 for such repairs within ten days after service of notice thereof, 15 the Street Superintendent may enter upon the tracks of Atchison, 16 Topeka and Santa Fe Railway Company and do the work, and keep an 17 itemized account thereof, which said Atchison, Topeka and Santa 18 Fe Railway Cempany, by acceptance of this permit, agrees to pay 19 immediately upon the presentation to said Atchison, Topeka and 20 Santa Fe Railway Company of said account. 21 SECTION 5. That the Atchison, Topeka and Santa Fe Railway 22 Company, and its successors and assigns, shall conform at all 23 times to the City of San Bernardino's engineering street improve- 24 ment plans, including widening and change of grade, and shall do 25 all work within the City's street rights of way as set forth and 26 approved in this ReSOlution; and shall at its expense maintain 27 the surfaoe, align, realign, rework, repair, construot, recon- 28 struot, locate, relooate and maintain the traoks, roadbed and -2- 1 I. 'I , i I signal systems, in order to eonform to the standards and require- 2 menta of the City of San Bernardino, and further shall complete 3 said work within six months after notioe....of the location and 4 ,description thereof by the City. 5 6 SECTION 6. That the railroad to be operated under said permit shall be used for the transportation of freight, and all commodities that can be conveniently handled by an electric diesel railroad. 7 8 9 SECTION 7. That the City, in making the grant of this i i\permit, expressly reserves the right to pave, macadamize, or Ii remove, reconstruct or install, any or all underground utilities II or storm drain pipes therein; such work shall be done so as to !! !cause little injury to the rails or roadbed of the Atchison, i I Topeka and Santa Fe Railway Company. I I I I lallowed to stand upon any street or any street intersection in such a manner as to obstruct the use of said streets by vehicles 10 11 12 13 14 15 SECTION 8. That the cars upon said roads shall not be 16 17 18 or pedestrians. 19 SECTION 9. The grant of this permit is effective only 20 upon the further condition that the Atchison, Topeka and Santa Fe 21 Railway Company, within five days after said permit is awarded to 22 it, file with the City COuncil a bond in favor of said City in 23 the penal sum of ten thousand dollars ($10,000.00) with at least 24 two good and sufficient sureties to be approved by said City 25 Council, conditioned that the Atchison, Topeka and Santa Fe Rail- 26 way Company shall well and truly observe, fulfill and perform 27 each and every term and condition of said permit and that in case 28 of any breach of condition of said bond the whole amount of the -3- 1 I: " 'I I j !penal sum therein named shall be taken and deemed to be liquidated " 2 damages and shall be recoverable from the principals and sureties 3 upon said bond by said city. 4 SECTION 10. That the Atchison, Topeka and Santa Fe Railway 5 Company, its successors or assiqns, is hereby required to file a 6 written acceptance of the terms and conditions thereof with the 7 city Clerk of said City within thirty (30) days after the 8 adoption of this Resolution. 9 SECTION ll. The Atchison, Topeka and Santa Fe Railway 10 COmpany, its successors or assigns, agrees to relocate its 11 facilities at its own expense where the land is required for a 12 proper governmental purpose. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and. Common Council of the City of San Bernardino at ~~/AHA___~~) ~...,.IA~eeting thereof, on the ~qA..P day oil' ~_, 1977, by the following voue, to wit: 15 16 held 17 COuncilmen ~~/~~ ~T~A4 4ff, , 'LL ~A . ~ ~./,{ -4 ~A'h'-'uJ r2::.::,..- ~1!.J ~4-I"~.J ~ ~? ", fi~/~ tit c rk is hereby appro . s .;1..stJ day 18 AYES: 19 20 NAYS: 21 ABSENT; 22 23 24 25 26 27 28 The foregoing resolution Pl/ of , 19'P. ~ " ~ '-"-~f.;j 4 ~i:o.",,:::,> E :.;'! ';; , ,,,,,, t"""''''. ' , , 1'7 wI -4- . ?~ ~ Tbe Atcblson, Topeka and Santa Fe Rallwa, COlDpan, A Santa Fe Industries Company 121 East Sixth Slreet, Los Angeles, California 90014, Telephone 213/628-0111 Ext. 2553 June 21, 1977 File: 23l.3(2U-4.37-C) Victoria Avenue -, \D-~~ '\ fi{[EflIt-,,~A JUN fiJ ~2 1977.. ~: "'Oll/(' I'feering $ Mr. C. Glen Wilson Director of Public Works City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mr. Wilson: Reference is made to your June 16 letter, your file 6.2197, pro- viding two certified copies each of Resolution Nos. 12,786 and 12,825, granting Santa Fe permission to construct a lead track and siding across Victoria Avenue to provide rail service to the Southeast Industrial Park. Section 9 of said Resolution No. 12,825 requires Santa Fe to file a written acceptance of the terms and conditions of the permit within thirty (30) days after adoption of the Resolution. Please accept this letter as Santa Fe's formal acceptance of said Resolution No. 12,786 as modified by said Resolution 12,825. CITY OF SAN BER DE PAR MF.f _ <' .,,.. ~ "H"'nl'l ..~'-'" ','c"'''l''';~'''~"'r i ~ .:(. truly, eral Manager- DIRECTOR BLOG.MAIN ELECT. ENGfi. ."""" GARAGE . r-?r::FliSEI ; ~-.~ . .~ ',' l:; -----1 -- -.:1 .-- 1 ---j - --------- , -- -~.:-- .. :'KEET , - I , --1=- , I " ;-- .. ..