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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