Loading...
HomeMy WebLinkAboutReso 1959-2263 RESOLUTION NO. 2263: RESOLUTION OF THE CITY COLNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY FOR REMOVAL OF TRACKS ON THIRD AVENUE THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement between the SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY and the CITY OF CHULA VISTA, a Municipal Corporation, a copy of which is attached hereto, and by this reference made a part and parcel hereof, be and the same is hereby approved, and the Mayor and City Clerk of the City of Chula Vista are hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. All Paving over rails in city streets as referred to in this agreement shall be performed subject to approval of City Engineer. ADOPTED AND APPROVED by the CIn COUNCIL of the CIn OF July 1959 - CHULA VISTA, CAUFORNIA, this 7th day of by the following vote, to-witl AYES I COUNCILMEN McAllister, Smith, McMains, Menzel NAYS I COUNCILMEN None ABSENT I COUNCILMEN DeGraff ~4~0~ ATTEST ,,(l,?';, (/ STATE OF CAUFORNIA ) COUNTY OF SAN DIEGO ) S8. CITY OF CHULA VISTA ) I, IffiNNETH P. CAMPBELL, City Clerk of the City of Chula Vista, Ca.l1fornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2263 , and that the same has not been amended or repealed. DATED July 7, 1959 -- <"""'~ I' A!lBlllUU!l THIS AGREEMENT made and entered into this 7th day Julv , 1959, by and between THE CITY OF CHULA VISTA, ;~ereinafter referred to as "City", and SAN DIEGO & ARIZONA EASTERN , 1\AILWAY COMPANY, hereinafter referred to as "Railway". !l l1li I ! ! I 1 111 WHEREASt Railway, contingent upon the discontinuing need and use of that portion of its main track and auxiliary tracks on and ~~ong Third Avenue between a point south of Madrona street to a of ilK" Street in the C,ity of Chula Vista, California, file an application with certain governmental bodies to abandon said trackage. WHEREAS, the parties hereto desire to enter into an agreement ttling certain of the problems which will arise upon receiving thorlty to abandon said portion of rail line. NOW, THEREFORE THE PARTIES HERETO AGREE. AS FOLLOWSI 1. Upon abandonment of rail service of that portion of Railway ula Vista Branch and auxiliary tracks along and upon Third Avenue ,tween a point south of Madrona street to a point south of "K" ,treet in the City of Chula Vistat California, City will permit Railway to leave all of its rail facilities in the City streets on fh!rd Avenue at the above location and will relieve Railway from any in connection therewith. Upon abandonment of ,uch rail servicet Railway will deliver to City such document as may be necessary to convey to the City, without cost to the City, all ,interest of the Railway in the 1'a11 facilities in said City streets. 2. Railway, upon request of City, shall pave over the rails any future obligation thereafter for any repairs to pavement ( as? _ Ol/i", ..1- 3. Railway will remove that portion of said tracks located Avenue south of ilK" street where said tracks are not now area ot the street. 4. This agreement shall become effective upon receiving tthorization from governmental bodies tor the abandonment of said ot rail line, and upon such abandonment being made effective. IN WITNESS WHEREar, the parties hereto have executed this agree- " lIt as of the day and year first hereinabove written. SAN DIEGO &: ARIZONA EASTER!{ RAILWAY COMPANY " / By /' )v'/'?- ~~ -' Vice Presidetit// By THE c1u OF CHULt. VISTA By&~ (Mayor By .'71'~ LU d -,!#-tH1 n'JU~ -2- RSM - 10/25/60 - VIII - 9364/311-2 8-2-&0 & ARIZONA EASTERN RAILWAY COMPANY 45 12TH AVENUE, SAN DIEGO 2, CALIFORNIA LNREPI-VPt.EASEREFERTD .NBDN ,IDENT AND GENERAL MANAGER 'NLAUB !INDENT JUN 2. 2 1959\ E 3011-7 ; he Honorable City Council ~he City of Chula Vista California This Company now operates a portion of its rail ,ystem, a main track and auxiliary tracks on and along Third ~venue between a point south of Madrona Street to a point ;south of "K" Street in the City of Chula Vista, California. Contingent upon the discontinuing need and use of .the above-mentioned trackage and upon our securing the neces- sary authority for its abandonment, this Company hereby re- quests permission from the City of Chula Vista to pave over its above-described trackage without Railroad being obligated ,'at a future time to remove the ties and rails from the paved :street area. We, therefore, attach duplicate counterparts of pro- ,(posed agreement which I will appreciate your having executed ;in behalf of the City of Chula Vista and also attach to each KCopy of said agreement certified copy of Resoiution authoriz- 1ing the acceptance and execution thereof. " Thereafter return both copies to me for further 'attention. When fuilY executed by this Company, one copy will be returned to you for your records. C. M. EICHENLAUB m Attach _...,.. ,,~.""::-OO- RSM - 10/25/60 - VIII - 9364/311-2 THIS AGREElVIENT, made this lOth day of November , 1960, by and between SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, a corporation, hereinafter called "Railroad," and CITY OF CHULA VISTA, a political subdivision of the State of California, hereinafter called "Grantee"; WITNESSETH: 1. In compliance with the agreement between Railroad and Grantee covering abandonment of Railroad's trackage (Railroad's Audit No. SDAE 2749), Railroad hereby transfers all its right, title and interest in said abandoned tracks and rail facilities located on Grantee's streets, without cost, to Grantee. IN WITNESS WHEREOF, Railroad has caused these presents to be executed by its officers thereunto duly authorized and its corporate seal to be hereunto affixed the day and year first herein written. SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY ..7. . ~. By iJ/L~ <>j/ -y~ (Ti~, /,/ VICI~ PH :SID_r.~ Attes{:.~/!. C:;,. Assistant secretav" ,J , . 1//' ;; ""-~. .