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HomeMy WebLinkAbout717 - Grade Crossing at Orange StreetJV� p ented he found the policies of Wallace and Williamson covered the cars. Thereupon Councilman Hilmar moved that the dam of f7a11ace d 9filliameon covering the premium on the insurance of as present be allowed and warrant drawn for same, which otion was seconded by C Gilman Claire and upon the roll being c ad the motion was carried by t following vote, to -wit: AYES, Counc en Hilmar, Claire, Garfield, son. NOES, Council, Ellsworth. ABSENT, Council me one. NE17 BUSINESS. On motion of Councilman HS seconded by Councilman-Claire the deipands which were in proper rm sign and approved by the Finance Committee, were allows and warran to be drawn for same by the following vote, to -wit: AYES, Councilme ilmer, Claire, Ellawo Garfield, Johnson. NOES, Council None. ABSENT, Co ilmen None. Counc an Claire introduced an Ordinance, entitle AN ORDINANCE OF THE CITY OF NEWPORT BEACH GREAT AND ESTABLISHING FIRE ZONES IN THE CITY OF NEWPORT BEACH. he Ordinance was read, considered, designated Ordinance No. .399, d on motion of Councilman Claire seconded by Councilman Garfield carried, the Ordinance was passed to the second reading. An Easement dated the 19th day of October, 1931, between the Pacific Electric Railway Company, a California Corporation; party of the first part, and the city of newport beach, a Municipal Corporation of the State -of California, party of the second part, granting to the second party an Easement for highway purposes across that part of the right -of- way or property of said party of the first part in-the City of Newport Beach, County of Orange, State of California, described as follows, to -wit: That portion of the 60 foot right -of -way of the Pacific Electric Railway Company described as follows: Beginning at the intersection of the prolonged south- easterly line of 36th Street as shown on map of Newport Beach recorded in Book 3, page 26, Miscellaneous Maps of Orange County, with the southwesterly line of the strip of land conveyed to the Los Angeles Inter -Urban Railway Company by Deed recorded in Book 139, page 9 of Deeds, Orange County Records; thence northeasterly along said prolonged south- easterly line-of 36th Street to a point in the southwesterly line of parcel second described in deed to Southern Pacific Railroad Company recorded in Book 123, page 110 of Deeds, Orange County Records; thence northwesterly along last mentioned southwesterly line to a point in the prolonged northwesterly line of said 36th Street; thence southwesterly along said prolonged northwesterly line to a point in the southwesterly line of said-strip of land conveyed to Los Angeles Inter -Urbam Railway Company; thence southeasterly along last mentioned southwesterly line to the point of beginning. The above described parcel of land being shown colored red on plat CER 1790 attached to easement herein referred to and made a part thereof. was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman•Lloyd Claire made a motion, duly seconded by Councilman A. J. Garfield and carried, that said Easement be approved as written, by the City Council of said City of Newport Beach, and the Mayor of said City and the City Clerk of said City of Newport Beach shall, and they are hereby authorized to sign and execute said Easement on behalf of said City of Newport Beach. An Agreement dated the 26th day of October, 1931, by and between the SOUTHERN PACIFIC COMPANY, a corporation, as first party, called Licensor, and the CITY OF NEWPORT BEACH, a Municipal Corporation, - second party; called Licensee, permittin Licensee to construct, recon- struct, maintain and operate an eight (8) inch cast iron pipe line termed °structure° for conveying water, said structure to be constructed beneath property of Licensor at a depth specified by Licensor at or near Newport Beach Station, County of Orange, State of California, in the location more particularly described as follows, to -wit: AD :-e b -d RESOLUTION NO. 717 Adopted 11/2/31 Original Missing. (Motion on Page 368) I 1 367 From a point in the northeasterly right -of -way line to a point in the southwesterly right -of -way line and crossing not lase than three feet below base of rails at Engineer Station 665 plus 41, was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Lloyd Claire made a motion, duly seconded by Councilman A. J. Garfield and carried, that said Agreement be approved as written, by the City Council of the City of Newport Beach, and the Mayor of said City and the City Clerk of said City shall, and they are hereby authorized to sign and execute said Agreement on behalf of said City of Newport Beach. I hereby certify that the foregoing Resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the 2d day of November, 1931, by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. An Agreement dated the day of 1931 between the SOUTHERN PACIFIC COMPANY, a corporation of the State of Kentucky, and its Lessor, SOUTHERN PACIFIC RAILROAD COMPANY, a corporation, termed First Party, and CITY OF NEWPORT BEACH, a municipal corporation of the State of California, termed Second Party, whereby the first party grants to second party (subject to the conditions therein contained) the right to construct and maintain a highway upon and across those certain parcels of land situated in the County of Orange, St:+te of California, and lying within the railroad right of way of the first . party, and more particularly described as follows, to -wit: PARCEL 1: Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific ' Railroad Company dated October 26, 1905, recorded December 20, 1905, in Deed Book 123 page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly line of Orange Street (50 feet wide), as said street is shown upon the map of the Seashore Colony tract recorded in Book 7, of:![iscellaneous Mane, page 25, Records of Orange County, California; thence northeasterly along said northeasterly prolongation of the northwesterly line of Orange Street 60 feet, more or less to an intersection with the northeasterly line of the said Southern Pacific Railroad Company's right of way; thence southeasterly along the northeasterly line of said right of way 50 feet, more or less, to an intersection with the northeasterly prolongation of the southeasterly line of said Orange Street; thence southwesterly along the said northeasterly prolongation of the south- easterly line of Orange Street 60 feet, more or less, to an intersection with the southwesterly line of said right of way; thence northwesterly along the said southwesterly line of said right of way 50 feet, more or lees, to the point of beginning, and containing an area of 3,000 sqaure feet, mote or less. PARCEL 11: Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific Railroad Co.anany dated October 29, 1905, recorded December 20, 1905 in Deed Book 123 page 110, Records of Orange County, California, with 1 the northeasterly prolongation of the northwesterly line of 46th Street (30 feet wide), as said street is shown upon the map of the Third Addition of Newport Beach, California, recorded in Book 3, page 31 of Miscellaneous ].tans, Records of Orange County, California; thence northeasterly along the said northeasterly prolongation of the north- westerly lire of 46th Street 60 feet, more or less, to an .intersection with the northeasterly line of the said Southern Pacific Railroad Company's right of way; thence southeasterly along the said north- easterly line of said right of way 30 feet, more or less, t6 an inter- section with the northeasterly prolongation of the southeasterly line Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific Rail- ' road Company dated October 25, 1905, recorded December 20, 1905 in Deed Book 123, page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly l;ine_.of 36th Street (30 feet wide) as said street is shown upon the map of Newport Beach recorded in Book 3, page 26 of 21iscellaneoue Mans, Records of Orange County, California; thence northeasterly along ,the said northeasterly prolongation of the northwesterly line of 36th Street 60 feet, more or less, to an intersection with the northeasterly line of said Southern Pacific Railroad Company's right of way; thence southeasterly along said northeasterly line of right of way 30 feet, more or lees, to an intersection with the northeasterly prolongation of the southeasterly line of said 36th Street; thence southwesterly along said northeasterly prolongation of the south- easterly line of 36th Street, 60 feet, more or lees, to an intersection with the southwesterly line of said right of way; thence northwesterly along the southwesterly line of said right of 'way 30 feet, more or less, to the point of beginning, containing an area of 1500 sauare feet, more or lees; was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Garf181d made a motion, duly seconded by Councilman Claire and carried, that said Agreement be approved as written by the City Council of the City of Newoort Beach, and the Mayor of said City and the City Clerk of said City shall, and they are hereby authorized to sign and execute said Agreement on behalf of said City of Newport Beach. I•hereby certify that the foregoing Resolution was duly and ' regularly passed by the City Council of the City of Newoort Beach, at a regular meeting thereof held on the 2nd day of November, 1931, by the following vote, to -wit: AYES, Councilmen Hilmar, Claire, Ellsworth, Garfield, Johnson NOES, Councilmen None ABSENT, Councilmen None ATTEST: Alfred Smith City Clerk City of Newport Beach City Attorney Thompson presented an Agreement with the Pacific Electric Railway Co. covering an Agreement for grade crossing at Orange Street, and Councilman Hilmar introduced a Resolution accepting the Agreement and authorizing the Mayor and City Clerk to sign and execute the same. The Resolution visa read, considered, designated RESOLUTION NO. 717, and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. CANVASS OF VOTE being the first regular meeting of the City Cpunci the City of Newp the next after filing with the Clerk of d City , of the returns of t ection held on the 27th day of Oct r, 1931, and said City Council op and proceeded to canvass d returns, and upon the canvass thereof foun d ordered the fo 'ng report to be made and entered upon its minutes said mee ' g. The election was held as pro y law for the purpose of determining whether or not certain fie ei pry contiguous to the City of Newport Beach, should be annexed and made a _ t of the City. of Newport Beach. For the purpose said election one voting p not was established and at the election v s for annexation and against ennexa were cast as follows: al votes cast "For annexation" ---- - - - - -- 34 votes, "Against annexation" - - -- -- 64 votes, " and discarded, ------- - - - - -- votes Total number of votes cast in the precinct, 101 votes of said 46th street; thence southwesterly along the said northeasterly ..0 prolong:,tio'a of the southeasterly line of 46th street 60 feet, more or lees, to a point in the southwesterly line of said right of way; thence northwesterly along the southwesterly line of said right of way 30 feet, more or less, to the point of beginning, and containing an area of 1500 square feet, more or less. PARCEL 3. Beginning at the intersection of the southwesterly line of the right of way of the Southern Pacific Railroad Company as described in deed, Los Angeles Inter -Urban Railway Company to Southern Pacific Rail- ' road Company dated October 25, 1905, recorded December 20, 1905 in Deed Book 123, page 110, Records of Orange County, California, with the northeasterly prolongation of the northwesterly l;ine_.of 36th Street (30 feet wide) as said street is shown upon the map of Newport Beach recorded in Book 3, page 26 of 21iscellaneoue Mans, Records of Orange County, California; thence northeasterly along ,the said northeasterly prolongation of the northwesterly line of 36th Street 60 feet, more or less, to an intersection with the northeasterly line of said Southern Pacific Railroad Company's right of way; thence southeasterly along said northeasterly line of right of way 30 feet, more or lees, to an intersection with the northeasterly prolongation of the southeasterly line of said 36th Street; thence southwesterly along said northeasterly prolongation of the south- easterly line of 36th Street, 60 feet, more or lees, to an intersection with the southwesterly line of said right of way; thence northwesterly along the southwesterly line of said right of 'way 30 feet, more or less, to the point of beginning, containing an area of 1500 sauare feet, more or lees; was presented to the City Council of the City of Newport Beach, California. WHEREUPON, Councilman Garf181d made a motion, duly seconded by Councilman Claire and carried, that said Agreement be approved as written by the City Council of the City of Newoort Beach, and the Mayor of said City and the City Clerk of said City shall, and they are hereby authorized to sign and execute said Agreement on behalf of said City of Newport Beach. I•hereby certify that the foregoing Resolution was duly and ' regularly passed by the City Council of the City of Newoort Beach, at a regular meeting thereof held on the 2nd day of November, 1931, by the following vote, to -wit: AYES, Councilmen Hilmar, Claire, Ellsworth, Garfield, Johnson NOES, Councilmen None ABSENT, Councilmen None ATTEST: Alfred Smith City Clerk City of Newport Beach City Attorney Thompson presented an Agreement with the Pacific Electric Railway Co. covering an Agreement for grade crossing at Orange Street, and Councilman Hilmar introduced a Resolution accepting the Agreement and authorizing the Mayor and City Clerk to sign and execute the same. The Resolution visa read, considered, designated RESOLUTION NO. 717, and upon call of the roll passed by the following vote, to -wit: AYES, Councilmen Hilmer, Claire, Ellsworth, Garfield, Johnson. NOES, Councilmen None. ABSENT, Councilmen None. CANVASS OF VOTE being the first regular meeting of the City Cpunci the City of Newp the next after filing with the Clerk of d City , of the returns of t ection held on the 27th day of Oct r, 1931, and said City Council op and proceeded to canvass d returns, and upon the canvass thereof foun d ordered the fo 'ng report to be made and entered upon its minutes said mee ' g. The election was held as pro y law for the purpose of determining whether or not certain fie ei pry contiguous to the City of Newport Beach, should be annexed and made a _ t of the City. of Newport Beach. For the purpose said election one voting p not was established and at the election v s for annexation and against ennexa were cast as follows: al votes cast "For annexation" ---- - - - - -- 34 votes, "Against annexation" - - -- -- 64 votes, " and discarded, ------- - - - - -- votes Total number of votes cast in the precinct, 101 votes