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ORDINANCE 105ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF EZ SEGUNDO , CILLIFORNIA , GRANING TO THE AT CH ISON, TOPI KA AND SZTA FE RAILXY COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND PERMISSION. TO TAY, CONSTRUCT, MAINTAIN AND OPERATE A CERTAIN STCRAGE OR SPUR TRACK ACROSS COLLINGWO® STREET, FORMERLY BELLLVIEfU AVENUE WITHIN TEE SAID CITY. WHEREAS application has heretofore been duly and regularly made in writing by The Atchison, Topeka ani Santa Fe Railway 9ompany, a corporation, to the City of E1 Segundo, Calibrnia, for a permit or franchise to construct and maintain a certain storage or spur track across Collingwood Street, formerly Belleview Avenue within tb® said city of El Segundo, w.hioh said application is dated the 20th day of May, 1924, and which is now on file in the office of the city clerk of said city and open to public inspection, reference to the same being hereby expressly made for further particulars; and Whereas the Board of Trustees of the said city of E1 Segundo have fully considered said application, and are disposed to grant the same, an3 feel that the action hereinafter taken is for the best interests of the said city of E1 Segundo, California, and of the inhabitants thereof; NOW, THEREFORE, the Board of Trustees of the city of E1 SeguLndo do ordain as follows: 1- 80H SECTION ONE: That the right, privilege and per- mission be, and the same is hereby granted to The Atchison, Topeka aryl Santa Fe Railway Company, a corporation, its successors and assigns, to lay, construct, maintain aril operate a railroad storage or spur track across Collingwood Street, formerly Belleview Avenue in the City of E1 Segundo, County of Los Angeles, State of California, the center line of which said proposed storage. or spur track is described as follows, to -wit: Beginning at a point in the northern line of said 6ollingwood Street, formerly Belle - view Avenue 14 feet westerly fraon the oenter line of the said Railway eompeay's main track, Redondo District; and 6.b feet east- erly from the northwest corner of Section 8. Township 3 South, Range 14 West, S. B. M.., measured along section line; thence south- erly 30 feet, on a line 14 feet westerly from and parallel to the center line of said main track; to a point in the southern line of said Collingwood Street, fo mmerly Belle - view Avenue. And the location of which said storage or spur track is shown upon a blue print. attached to said written applica- tion of said "The Atchison, Topeka and Santa Fe Railway Company, a corporation" hereinabove referred to and now on file in the office of the City Clerk as aforesaid. SECTION TWO: That the right, privilege and per- mission hereby granted shall be exercised and enjoyed, subject to the following conditions: (a) That no care or locomotives shall be psrmitted at any time to stand upon the street occupied by said spur track, except during the time actually employed in prompt switching. and that said spur tracks shal1 at all times be used so as to obstruct the use of said street by vehicles or passengers, as little as possible, con- sistent with the uses for which said spur track is to be constructed. i 2- (b) That said grantee, its successors or assigns, shall construct all necessary flumes or culverts for the passage of water wherever and whenever necessary, and that all such flumes or culverts shall be constructed in a000 idance with the plans and specifications therefor approved by the City Engineer of the @ity of El Segundo. (o) That said grantee; its successors or ass Igns; will pave and repave portions of the said street occupied by said spur track and for a distance of two (2) feet on each side thereof, with the same materials and under the Same specifications and in the same manner as each street is now or may hereafter be paved or repaved, and that all each work shall be done under the instructions and to the specifications of the Board of Trustees of the City of F1 Segundo. (d) That any neglect, failure or refusal on the part of the gram ee, its successors or assigns; to observe or comply with any of the terms and conditions in this ordinance contained, . shall effect a forfeiture of the right, privilege or permission hereby granted, and the said City, by its Board of Trustees, may thereupon declare such right and privilege forfeited, and may exclude grantee, its successors and assigns, from any further use of the street occupied by said spur traoke; and the gram hereby made shall thereupon become and remain null, void and of no effect. (e) That the City of El Segundo expressly reserves the right to sewer, pave, repave or renewer said street across which the right to construct said railroad spur track is hereby granted, and to lay gas, water and other pipe therein, such work to be done so as to injure said railroad as little as possible. 3- 81-0 (f) That no obstructions, whether its cars or rolling stock or item of arW kind whatsoever, shall, by the said Railway Company, for a period longer than three (3) successive minutes.at any one time, obstruct, hinder or delay traffic from passing along and in the space of, six (6) feet on either side of the center line of said Collingwood Street, formerly Belle:view Avenue aril at all times when said track is in use, the Railway Company shall keep at its own expense at such times as the Board of Trustees may require,, a flagman or signal marl thereat for the purpose of indicating, and who shall indicate to the public the fact that said track is in use,. and who shall do all such things as are necessary and proper to protect the public from danger or injury by reason of such use. SECT ION THREE : The City Clerk shall certify to the passage and adoption of this ord ina roc e, and diall oause the same to be published once in the El Segundo Herald., a weekly newspaper of general circulation, printed, published and circulated within the aaid City of El Segundo, California; and which is hereby designated for that purpose. This ordinance eh- a ll take effect and be in full force and virtue. thirty (30) days from and after the final adoption thereof. Passed, approved and adopted this 10th day of June , A. D. 19 24. President of the Board of Trustees EST : of the City of El Segundo, Califo mia 0 i Cl erk (SEAL) i 4� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY CF' EL SEGUNDO ) I, VICTOR D. McCARTHY, City Clerk of the City of E1 Segundo, California, do hereby certify that the foregoing ordinance, being Ordinarce No. 105 , was passed and adopted by the Board of Trustees of the City of E1 Segundo, California, signed by the president of said board and attested by the city clerk, all at a regular meeting of the said Board held on the 10th day of June, 1924, and that the same was so passed and adopted by the following vote: AYES: TRUSTEES Cannon, oerow, Lo ^e and Binder. NOES: TRUSTEES None ABSENT: TRUSTEES None City Clerk of the ity of 1 'S* egundo, (SEAL) California. bM 811