HomeMy WebLinkAbout42711
ORDINKNCF NO
2
3
4
5
6
7
8
9
10
11
12
13
a 14
x
15
� u
F
web 16
Z�
aFv 17
a .M
a n 18
i9 I
20
21
22
23
24
25
26
27
28
29
30
31 1
32 1
AN ordinance accepting a certain indenture made
the 5th day of November,190$,by and between the Atchison,
Topeka and Santa, Fe Railway Company and the City of San Ber-
nardino, transferring to the City- of San Bernardino the
viaduct on Mt. Vernon Avenue between Third and Fr,urth
Streets in said City.
The Mayor and Conrion Council of the City of
Bernardino do ordain as follows:
Section 1. W1727AS heretofore Ordinance No. 360
was adopted by the Mayor and Common Council of the City of
San Bernardino, and approved the 24th day of Tune, 1907,
which. provided for the closing of that portion of lift. Ver-
non Avenue in the Cit-T of San Bernardino between Third and
Fourt-: Streets, and ior the construction by The Atchison,
Topeka and Santa Fe Railway Company of a viaduct over said
portion of Mt. Vernon Avenue, and for the conveyance of said
viaduct b r said ?lailvra7r, `"cmpany to said City upon its com-
pletion by a deed which should provide for the maintenance of
said viaduct by the said City at its sole cost �.nd a deed
of said viaduct having been tendered by the said The Atchi-
son, Topeka. and Santa. Fe Railwa-v Company to the City of
San Bernardino, in words and figure., following::
INDKITTURE, Made this 5th da,,.r of November, 1908
by and between THE A_TCHISON, TOPS A11A SAS?TA F
RAILWAY COMPA1 Y, a corporation organized Lander the
laws of the State of Kansas, hereinafter called
} the Railway Company, first party, `-and "th:e CITY OF
WT BERNARDINO, in the Count-v'of San.Bernardino,
State of California, a. municipwl corporation or-
ganizbd under the: laves of the St -ate of California,
_ 1 _
1
2
3
4
5
6
7
8
9
10
11
12
13
a 14
� C
z
°
= 15
v a U
F .
�° 16
faro
x
a F v 17
a 18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
hereinafter called the City, second party.
dH 'RI AS, at the request of the Railway Company,
and in order to enable it to extend and improve its yards
in the City of San Bernardino, State of California, the
City heretofore by ordin.-nce duly closed all that portion
of iet. Vernon Avenue between 'bird and Fourth Streets in
said City; said ordinance being No. 360, and
I-LERI+7AS, the said ordinance provides =,ong other
things that the said portion of said avenue was closed upon
condition that the Railway Company would build a viaduct
over the closed portion of said avenue, and for a distance
of 450 feet, more or less, easterly on Third Street, and
would convey the sane when completed to the City; and
IT-LER7"AS, said viaduct has been constructed by the
Railway Company in accordance with the ter--s of said Ordi-
nance "4o. 360;
NOW, THEREFORE, this indenture, ' 7ITIIIFSSETH:
That in consideration of the premises the Railway
Company hereby conveys and transfers to the city all of
its right, title and interest in and tc said viaduct; and
gives tc the city license and permission to _maintain said
vi =duct in its present location so long as t1e same shall
be used by the public for travel thereon; and the City
covenants and agrees that it will maintain said viaduct.
in good condition and repair at all times.
THIS INDENTURE shall bind and inure to the
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
x
0
�au
11
�
F
�° 16
aFv 17
C' q
a "D 18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
benefit of the successors and assigns of the respective
partie3.
IN WITNESS WH7HBOF1 the Railway Company has
duly executed this indenture the day and year first above
written.
TER ATCHI S C 1? , `" OPIKA A7D SANTA FF RAIMAY C OEPA ° Y,
By h . P . Ripley,
(Corporation* Seal) Its President.
Attest:
(A. Holteshoff, Jr.
Its Western Assistant Secretary.
STATE OP ILLINOIS, )
) SS.
COM1 T Y OF COOK.
On this 5th day of November, 1908, before me,
Nelson W. Wi11,ord, a. Notar7 Public in and for said County and
State, residing therein, duly commissioned and sworn, per-
sonally appeared E. P. Ripley known to me to be the Presi-
dent of The Atchison, Topeka and Santa Fe Railway Company,
the corpora.ticn that executed the foregoing instrument,
and acknowledged to me that such corporation executed the
same.
IN 'FITNESS 177EOF, I have hereunto set my hand
and affixed my official seal, the day- and year in Mis
certificate first above written.
Nelson X. Willard
Notary Public in and for the
(NOTARIAL County of Cook, State of
SEAL) Illimois .
3
1
2
3
4
5
6
7
8
9
10
11
12
13
i9
20
21
22
23
24
25
26
27
28
29
30
31
32
in compliance with the provision of said Ordinance IT®. 3601
NOW, T11TE?EF OR , the City of San Bernardino hereby
accepts the said deed as a full compliance with the ob ;-
gati ons • of said ordinance by the said The Atchison, Topeka
and Santa Fe Railway Comp=ny, and assumes each and every
of the obligations imposed by said deed upon the said City
of San B nardino.
SECTION 2. This ordinance shall take effect and
in force from and after thirty days after its adoption
and approval.
rI'CTION 3. The Cit-r Clerk Shall certify to the
passage of this ordinance and cause the sas*re to be published
for three c'on.secutive days in The Evening; Index.
I hereby ceritfy that the fnreroing Ordinance
was adopted by the Mayor and Common Council a t . e City
of San Bernardino at its meeting held on the day of
ILALJ�� , 1909.
M
y Clerk.
1,pproved this ay of , 1900
JO\ -
Mayor of -the y o Say? er-
nardino.
4 -