HomeMy WebLinkAbout80-110 - Resolutions RESOLUTION NO. 80-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING A PETITION BY THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO
CONSTRUCT A SPUR LINE ACROSS EIGHTH STREET
2,912.5 FEET WEST OF ROCHESTER AVENUE.
WHEREAS, the City has approved development of Industrial
Buildings known as Rancho Cucamonga Industrial Center on Pittsburgh
Avenue south of Eighth Street as "Rail" served facilities; and,
WHEREAS, the Atchison, Topeka and Santa Fe Railway Company has
prepared and submitted for Council approval, a petition to "construct,
operate and maintain an industrial lead track" across Eighth Street;
and,
WHEREAS, the City desires to insure orderly development and
perpetuating public health and safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Rancho Cucamonga that said petition is approved and a permit is
hereby granted to allow the Atchison Topeka and Santa Fe Railway to
construct, operate and maintain an industrial lead track across Eighth
Street 2,912.5 feet west of the westline of Rochester Avenue, being more
particularly described as follows:
Beginning at a point in the northerly line of 8th Street (60
feet wide) distant 2912.5 feet westerly along said northerly
line from its intersection with the westerly line of Rochester
Avenue (120 feet wide); thence along the arc of a curve concave
southwesterly and having a radius of 478.34 feet, through a
central angle of 17° 40'55" a distance of 147.35 feet to the
point of ending in the southerly line of 8th Street distant
2773.9 feet westerly from its intersection with said westerly
line of Rochester Avenue.
Said approval being subject to the following:
1. The City of Rancho Cucamonga reserves the right to grade,
pave, macadamize, repair, improve or alter said Eighth
Street or any part thereof, and to repair existing
installations of sewer, water, gas, telephone, Edison or
storm drains and related appurtenances, provided, however,
that such actions will not unreasonably obstruct or cause
damage to such track or business of such Railway Company.
2. The Grant of such petition is made upon all conditions
and under the provisions of any statute of the State of
California regulating the uses of streets in incorporated
Cities.
3. That the track completed within twelve (12) months from
and after the date of approval by the Public Utilities
Commission.
Resolution No. 80-110
Page 2
4. That whenever it is deemed reasonably necessary and the
City Council has determined such, the said Railway Company,
its successors or assigns, shall plank or pave in the
manner directed by the City Council, between the rails
and for two feet on each side thereof, and between the
tracks where there are more than one and keep the same
constantly in repair, flush with the street, and with
good crossings wherever required by the said City Council;
and that it will make all storm drains and culverts under
and across its track where necessary to maintain street
drainage which might be interrupted by construction of
the track; and that the usefulness of all existing water
ditches, flumes or pipes over which any track crosses,
shall be left unimpaired.
5. The Railway Company shall at all times indemnify and save
harmless the City against and pay in full all loss,
damage or expense that City may sustain, incur or become
liable for, resulting in any manner from the construction,
maintenance, use, state or repair or presence of the spur
line, including any such loss, damage or expense arising
out of (a) loss of or damage to property, (b) injury to
or death of persons, (c) mechanics' or other liens of any
character, or (d) taxes or assessments of any kind.
6. That upon a determination of the Public Utilities Commission,
that crossing indications, lights, arms and/or related
appurtenances are required, installation of same shall be
made as directed by said Commission.
PASSED, APPROVED, and ADOPTED this 3rd day of December, 1980.
AYES: Frost, Mikels, Palombo, Bridge, Schlosser
NOES: None
ABSENT: None
Phill~ D. Schlosser, Mayor
ATTEST:
Lauren M. Wasserman, City Clerk