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Home My WebLink About13149 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , ?~ : , RESOLUTION NO. /$ /~P RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING A PERMIT TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A CORPORA- TION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT SPUR TRACKS ACROSS TIPPECANOE AND VICTORIA AVENUES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 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 spur tracks, at no cost to the City of San Bernardino, across Tippecanoe Avenue adjacent to existi~g main track crossing and across Victoria Avenue, east of Tippecanoe Avenue, in the Southeast Industrial Park area, in the City of San Bernardino, County of San Bernardino, State of California, at locations more particu- larly described as follows: - SPUR TRACK ACROSS TIPPECANOE AVENUE - Beginning at a point in the westerly line of Tippecanoe Avenue (BO feet wide) distant 22.23 feet northerly of existing main track; thence easterly parallel to existing main track a distance of BO.O feet to point of ending in easterly line of Tippecanoe Avenue. - SPUR TRACK ACROSS VICTORIA AVENUE - Beginning at a point in the southerly line of Vlctoria Avenue (BO feet wide) distant 477.34 feet easterly, along said southerly line, from the point of intersection with the easterly line of Tippecanoe Avenue (BO feet wide); thence northeasterly along the arc of a curve, from whence a tangent forms a northeasterly angle of 630 34' 21" from said southerly line of Victoria Avenue, concave northwesterly and having a radius of 47B.34 feet through a central angle of 100 42' 59" a distance of B9.34 feet to point of ending in northerly line of Victoria Avenue. SECTION 2. The term of this permit is for a period of I I 1 forty-nine (49) Y:fr~,commenCing on ~~.? and ending on ..t-:f--ufultL--tt:A-<4 '1 , 2027. SECTION 3. crossigg protection facilities will be in- , 1978, 2 3 4 stalled and maintained in accordance with the requirements of the 5 California Public utilities Commission, at no cost to the City 6 of San Bernardino. 7 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, agree 21 to pay immediately upon the presentation to said Atchison, 22 Topeka and Santa Fe Railway Company of said account. SECTION 5. The Atchison, Topeka and Santa Fe Railway 24 Company, and its successors and assigns, shall conform at all 23 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 -2- f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 II 23 24 25 26 27 28 the surface, align, realign, rework, repair, construct, recon- struct, locate, relocate and maintain the tracks and roadbed, in order to conform to the standards and requirements of the City of San Bernardino, and further shall complete said work within six months after notice of the location and description thereof I~ I I the City. SECTION 6. The railroad to be operated under said permit shall be used for the transportation of freight, and all com- modities that can be conveniently handled by a common carrier railroad. SECTION 7. The City, in making the grant of this permit, expressly reserves the right to pave, macadamize, or remove, reconstruct or install, any or all underground utilities or storm drain pipes therein; such work shall be done so as to cause no substantial injury to the rails or roadbed of the Atchison, Topeka and Santa Fe Railway Company. SECTION 8. The cars upon said roads shall not be allowed to stand upon any street or any street intersection in such a manner as to obstruct the use of said streets by vehicles or pedestrians. SECTION 9. The Atchison, Topeka and Santa Fe Railway Company, its successors or assigns, is hereby required to file a written acceptance of the terms and conditions thereof with the City Clerk of said City within thirty (30) days after the adoption of this Resolution. SECTION 10. The Atchison, Topeka and Santa Fe Railway Company, its successors or assigns, agrees to relocate its facilities at its own expense where the relocation of such ( -3- 1 facilities is required for a proper governmental purpose. 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a..,_t1..d~L.'A~j, ~/LU/ meeting thereof, held on the frd day ofr:-';;~~L7-" , 1978, by the following vote, to wit: 3 4 5 , 7 8 9 Councilmen ~d~~'~A/ 7/~/~) ~ / J . /};. . . ..... . . ..:~/.-~ ~A-") ~~. . ~4/~hj ~~u~ ~/7;, ~):,;> ~/ Ci Y erk d this f?-7Af day AYES: NAYS: 10 ABSENT: 11 12 13 The foregoing resolution is San Bernar J.no 14 of ,-,~#o/;>/ , 1978. 15 16 17 FILED as to form: 18 19 20 FF!ll 7 1978 21 ,-UCILLE GOFORTH, City Clerk ~l_~) ~!J/.mJJb..~;........D""" 22 23 24 25 26 27 28 -4- : t.. TO THE HONORABLE CITY COUNCIL OF THE CITY OF SAN BERNARDINO STATE OF CALIFORNIA GENTLEMEN: THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A Delaware Corporation, presents this petition and by it respectfully shows: 1. That Petitioner owns and operates a line of railroad in and through the City of San Bernardino, County of San Bernardino, State of California .and elsewhere. 2. That to provide requested rail service to Kroeler Manufacturing Company located in City's Southeast Industrial Park lying northerly of Victoria Avenue and easterly of Tippecanoe Avenue, Petitioner proposes to construct a spur track across Tippecanoe Avenue adjacent to existing main track crossing and across Victoria Avenue easterly of Tippecanoe Avenue at locations shown by red color on print of Drawing C E C L No. 603-36198 dated January 12, 1978 attached hereto and by reference made a part hereof, centerlines or said spur tracks being more particularly described as follows: SPUR TRACK ACROSS TIPPECANOE AVENUE Beginning at a point in the westerly line of Tippecanoe Avenue (80 feet wide) distant 22.23 feet northerly of existing main track; thence easterly parallel to existing main track a distance of 80.0 feet to point of ending in easterly line of Tippecanoe Avenue. SPUR TRACK ACROSS VICTORIA AVENUE Beginning at a point in the southerly line of Victoria .. , "'. TO THE HONORABLE CITY COUNCIL Page 2 Avenue (80 feet wide) distant 477.34 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 630 34' 21" from said southerly line of victoria Avenue, concave northwesterly and having a radius of 478.34 feet through a central angle of 100 42' 59" a distance of 89.34 feet to point of ending in northerly line of Victoria Avenue. WHEREFORE, Petitioner respectfully requests that your Honorable body grant to it a permit to construct, operate and maintain said spur track across the above described portions of Tippecanoe and victoria Avenues. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By General Its Ass Los Angeles, California - v'r4-a1' .. ~ The Atchlsoa, Topeka aad Saata Fe Rallwa, Compaa, A Santa Fe Industries Company 121 East Sixth Street, Los Angeles, California 90014, Telephone 213/628-0111 ext. 2553 '" Mr. C. Glen Wilson r:;; Director of public Wor City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Los Angeles, March 8, 1978 File: 231.3 (2U-4.3l-C) victoria Avenue Attention: Roger G. Hardgrave Assistant Traffic Engineer Dear Mr. Wilson: Reference is made to your February 16th letter, your file 6.2197 (8.52) providing certified copy of Resolution No. 13,149 granting Santa Fe permission to construct a spur track across Tippecanoe and Victoria Avenues to provide rail service to the Southeast Industrial Park. Sectio.. 9 of said Resolution No. 13,149 requires Santa Fe to file a written acceptance of the terms and conditions of the permit within thirty (30) days after adoption of the Resolutio,?-. Plea3e accept this letter as Santa Fe's formal acceptance of said Resolution NO. 13,149. yours, Manager ..-......, ........ IV) . 't I >- ;::) ~ C\I ~ 8 i ;! ~~ - ILl 3:;u- :c:c:< ~o:::~ 1I C < t- (/) -we alCl)z i:-< ><0< WzX:: <~ 0:::0 L&...r- :i o . ----_.,~ 1-iI! ~ '" '" <lI .. ~ N Q\ ~ , '^ 10 ~ ~ ~ .. " >ll ~ Q ~ '" ('I) ~ <:> " "0 " " <:> o. 11 , , " " "- , '! ti '0 f-'I-' '!! I 1'1 ('I) f ~ ...... L 002 0 o{~ <0 ~< 00 " t-t- ~ "" ?::~ ~ 20 -- g ~'l g ,..,t>i . C> ,. N a: a: i! Z wO >I ~ ~ aJ ~ ...J <( e >. U 0 \J II) 0 ~ ~ w 0 W + .....J ~ ....J :!: U l1..J- ~ '$ >u... u... . ,.. ~~ 0 u .. ~ ~ 10 .. II: \> > a.. a.. 4 ~ 8 <(~ <:)l~ ....J . N I:. < - -- o:~ a:: .r: 00.; u... f-IJ.. 0 ll.o " 2 I-u... 0 c. 0 0 to " r UO a.. " J ~ 0 N 0 0 . 0 -a.. ~ 11 II ~ . . 10 :>0 I is's'y ~~ ~ x:: ::>1 "I U J-'N < a:ll: Q: 8 WO ~ ~ . >I III >- III t , Q:: ~ .., ~ + ~ In l"- I- '" ~ III :J 0 I' ~ ~ II e ~ .. 0 ~ .. Z III III ill ~/{ U I - -----, ) ..<;.... / I "':.:.. / . .f'-. 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SECY'S NO. oj) " :r 00, '011 ~o ...2 g .. 't :.>#~.s 8 . .. ~I!I ~~~ l~~ lIj~~ Cl ~" :tU;t ~lgJ;; . ,~H~ ~~i::~1IC ~ ~ ~~) lIJ!II~t~ "'iQ!t'" I ~~e"l "'ijU~ I ~.. ~~ ~ ~~h o o + o o o . , "':1-' 1J..la. 00 ;-2 ~ o ~ ... .. ~ ~ ~ lQ ~ ~ ~ ...'~ ~~ ~, CI)" ~G ~ ~^ ~~ .~ ~e ~~ ~ I-'N ~ IXIX , Wo >2 ~ + o .. lq .., ~ II) <> ? .... " :r \) ~ , 0 "'.. . '11u..J /J./ 1 Rl'lSjDDM Decision No. 88527 FEB 22 1978. BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA APPLICATION OF THE ATCHISON, ) TOPEKA AND SANTA FE RAILWAY ) COMPANY, a corporation, for ) authority to construct, maintain ) and operate a lead track and ) spur track over Victoria Avenue ) in the City of San Bernardino, ) County of San Bernardino, State ) of California ) Application No. 57421 SUPPLEMENTAL ORDER By Decision No. 87694, dated August 9, 1977, The Atchison, Topeka and Santa Fe Railway Company was authorized to construct a lead track and spur track at grade across Victoria Avenue in the City of San Bernardino, San Bernardino County, to be identified as Crossing 2U-4.37-C. Protection ordered to be installed at the crossing is two Standard No.8 automatic signals (General Order 75-C). The Atchison, Topeka and Santa Fe Railway Company, by letter of January 19, 1978, states that the city's contractor has constructed minor storm drains at the location where the signals would normally be installed and that it will take approximately four to six months to obtain special equipment required to facilitate the installation. The industry to be served requires rail service at the earliest possible date and, therefore, the railway requests authority to operate over the crossing for a period not to exceed six months with interim protection consisting of two Standard NO. l-R signs (General Order 75-Cl and with all movements over the crossing protected by a member of the train crew. By letter of January 26, 1978, the City of San Bernardino has indicated that it is agreeable to the railway's proposal for interim protection. IT IS FURTHER ORDERED that: For a periOd not to exceed six months from the date of this order, protection at the crossing may be two Standard No. l-R signs (General Order 75-C) and no on-rail vehicle shall be operated over the crossing unless it shall first be brought to a stop and traffic on the street protected by a member of the crew or other -1- 3/ ~ A. 57421 - DDM '. ~'. competent employee of the railroad acting as a flagman. Written instructions shall be issued by the railroad to trainmen, operating over the crossing, to comply with the flagging instructions. A copy of the instructions shall be filed with the Commission within thirty days after installation of the crossing. Flagging procedures outlined herein shall remain in full force until the required automatic protection is installed. In all other respects Decision No. 87694 shall remain in full force and effect. The effective date of this order is the date Dated at San '''....cllICll , California, FEI3RU~R'1 hereof. this ,;:?~ day of , 1978. . , ... VERNON L. STURGEON Rv...H-l'...'..... " r::, "','lJr._T~l..E CLAIRE T. D'-",.,'CC( r:o\nrnissiaf1ci"s Commissione~ Robert Botinovich. being necec'saril>. .'. .;nt, l~hl net pnrticipate in the dispo.iUOll of thb proceeding. Commi~qi-,".,r:.!' 1n.; 11:1'.f11"'l S'rm('lns. .Tr., being nr~A~qn~~" -~-~~. ~~~ ~~t nnrticinate in the disposition of this proceedin~. -2-