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RESOLUTION NO. /~'?:?/
RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A PERMIT
TO TB!: A1'CHISOM, TOPEKA AND SANTA FE RAILWAY COMPANY, A CORPORATIO ,
ITS SUCCI1$8ORS AND ASSIGNS, TO CONSTRUCT A LEAD TRACK AND SPUR
TRACK ACROSS SAN BERNARl>INO AVENUE.
as IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN Sl!::RNARl>INO AS FOLLOWS:
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 spur track, at no cost to the City of San Bernardino, across
San Bernardino Avenue, east of Tippecanoe Avenue, in the City of
San Bernardino, County of San Bernardino~ State of California,
more particularly and respectively described as follows:
- LEAD TRACK -
Beginning at a point in the southerly line of San
BBrnardino Avenue (80 feet wide) distant 882.75
feet easterly, along said southerly line, from
the point of intersection with the easterly line
of Tippecanoe Avenue (80 feet wide); thence
northerly from whence a tangent forms a northerly
angle of 820 50' 50" from said. southerly line of
San Bernardino Avenue a distance of 50.31 feet;
thence northerly along the arc of a curve, tan-
gent to the preceding course, concave easterly
and having a radius' of 478.34 feet through a
central angel of 30 40' 58" a distance of 30.69
feet to point of ending in northerly street line
of San Bernardino Avenue.
- SPUR TRACK "A" -
Beginning at a point in the southerly line of
San Bernardino Avenue (80 feet wide) distant 876
feet easterly, along said southerly line, from
the point of intersecti~n with the easterly line
of Tippecanoe Avenue (80 feet wide); thence
northerly from whence a tangent forms a northerly
angle of 900 00' 00" from said southerly line
of San Bernardino Avenue a distance of 80 feet
to point'of ending in the northerly line of San
Bernardino Avenue.
SECTION 2. The term of this permit is forty-nine (49)
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1 !years, cOllUllencing on _ .~Ad'~,/", /???
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and terminating on
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SECTION 3. Crossing protection facilities will be instal Ie
land maintained in accordance with the requirements of the
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, California Public Utilities Commission, at no cost to the City of
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6 San Bernardino.
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SECTION 4. The Atchison, Topeka and Santa Fe Railway
8 Company, and its successors and assigns, shall keep said tracks,
9 the surfacing between the rails and for two feet on each side
10 thereof, in repair, and at all times flush and level with the
11 surface of the street, and all repairs shall be made at the
12 expense of the Atchison, Topeka and Santa Fe Railway Company and
13 to the satisfaction of the Street Superintendent of said City; in
14 case the Atchison, Topeka and Santa Fe Railway Company fails to
15 comply with the instructions given by the street Superintendent
16 for such repairs within thirty (30) days after service of notice
17 thereof, the street Superintendent may enter upon the tracks of
18 Atchison, Topeka and Santa Fe Railway Company and do the work,
19 and keep an itemized account thereof, which said Atchison, Topeka
20 and Santa Fe Railway Company, by acceptance of this permit, agrees
21 to pay immediately upon the presentation to said Atchison,
22 Topeka and Santa Fe Railway Company of said account.
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SECTION 5. The Atchison, Topeka and Santa Fe Railway
24 Company, and its successors and assigns, shall conform at all
25 times to the City of San Bernardino's engineering street improve-
26 ment plans, including widening and change of grade, and shall do
27 all work within the City's street rights of way as set forth and
28 approved in this Resolution; and shall at its expense maintain
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the surface, align, real~gni rework, repair, construct, recon-
struct, locate, relocate and maintain the tracks and roadbed, in
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order to conform to the standards and requirements of the City
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of San Bernardino, and further shall complete said work within
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six months after notice of the location and description thereof
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I by the ::::~ON 6. The railroad to be operated under said permit
I shall be used for the transportation of freight, and all commoditi s
i that can be conveniently handled by a common carrier railroad.
I SECTION 7.
i expressly reserves the right to pave, macadamize, or remove,
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i reconstruct or install, any or all underground utilities or storm
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The City, in making the grant of this permit,
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I drain pipes therein; such work shall be done so as to cause no
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I substantial injury to the rails or roadbed of the Atchison,
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15 Topeka and Santa Fe Railway Company.
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SECTION 8. The cars upon said roads shall not be allowed
Ii to stand upon any street or any street intersection in such a
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manner as to obstruct the use of said streets by vehicles or
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pedestrians.
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i SECTION 9. The Atchison, Topeka and Santa Fe Railway
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II Company, its successors or assigns, is hereby required to file a
jlwritten acceptance of the terms and conditions thereof with the
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liCity Clerk of said City within thirty (30) days after the
!i adoption of this Resolution.
II SECTION 10. The Atchison, Topeka and Santa Fe Railway
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Ii Company, its successors or assigns, agrees to relocate its
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ii facilities at its own expense where the relocation of such
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facilities is required for a proper governmental purpose.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bern=dino at a 7'~ ~etio. thereof, held
. on the ~ day of _~ ' 1977, by the following
vote, to wit:
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AYES:
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NAYS:
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---=--y. 4i'6i~
hereby approved /'ltfr! day
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ABSENT:
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!1he foregoing
{~J;;teJ ,
1977 .
resolution is
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UCT 2 01977
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FILED
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The Atchison, Topeka and Santa Fe Ballw
A Santa Fe Industries Company
121 East Sixth Street, Los Angeles, California 90014, Telephone 213/628-0111 ext. 2553
Los Angeles, November IS, 1977
File: 231.3 (2U-4.9-C)
San Bernardino Avenue
Dear Mr. Wilson:,
Mr. C. Glenn Wilson,
Director of Public Works-City Engineer
City of San Bernardino
300 North "D" Street
San Bernardiono, CA 92418
Attention: Mr. Roger G. Hardgrave,
Assistant Traffic Engineer
Reference is made to your October 26th letter, your file 6.2197, by
which you supplied us with two certified copies of City Resolution No. 12991,
granting to Santa Fe a permit to construct a Lead and Spur Track across San
Bernardino Avenue approximately 875 feet easterly of Tippecanoe Avenue.
Please accept this letter as Santa Fe's written acceptance of the
terms and conditions of City Resolution No. 12991.
ral Manager