ORDINANCE NO. 288

AN ORDINANCE GRANTING TO LOS ANGELES AND SALT LAKE RAILROAD COMPANY, A UTAH CORPORATION, AND ITS LESSEE, UNION PACIFIC RAILROAD COMPANY, A UTAH CORPORATION, A FRANCHISE FOR

THE CONSTRUCTION OF A PASSING TRACK AT GRADE UPON OVER

AND ACROSS PEDLEY STREET, IN THE UNINCORPORATED

TERRITORY OF THE COUNTY OF RIVERSIDE

The Board of Supervisors of the County of Riverside, State of California, does ordain as follows:

Section 1. That a franchise be and the same is hereby granted to Los Angeles & Salt Lake Railroad Company, a Utah corporation, and its Lessee, Union Pacific Railroad Company, a Utah corporation, their successors and assigns, to construct a passing track at grade upon, over and across Pedley Street, in the unincorporated territory of the County of Riverside, and to operate and maintain the same in accordance with the law of the State of California and all valid orders made pursuant to or thereunder, Said franchise is granted for a period of fifty (50) years from and after the acceptance thereof by Los Angeles & Salt Lake Railroad Company and Union Pacific Railroad Company, and is granted for the reason that the same is necessary to serve the Federal government in connection with its present war effort.

Section 2. Said passing track shall be constructed upon, over and across Pedley Street at a point, the center line of which is particularly described as follows:

Beginning at northwest corner of Garnet and Pedley Streets, thence south 89 degrees 40' west-1131.1 feet along north line of Pedley Street to true point of beginning, which is also south 89 degrees 40' west - 7.8 feet from center line of main track, thence south 10 degrees 14' east - 38.8 feet to beginning of 6 degree curve left; thence southeasterly 12.0 feet along center line of 6 degree curve concave to left and with radius of 955.37 feet to point in south line of Pedley Street, distance south 39 degrees 40' west - 12.8 feet from center line of main track where it crosses south line of Pedley Street.

Said direct line as hereinabove described being the center line of a strip 18.0 wide.

Section 3. The said Grantees, their successors or assigns, shall not sell, transfer, or assign this franchise or any of the rights or privileges granted hereby, except by duly executed instrument in writing, filed in the office of the Clerk of the County of Riverside; and provided, further, that nothing in this franchise contained shall be construed to grant to said Grantees, their successors or assigns, any rights to sell, transfer, or assign this franchise or any rights or privileges hereby granted, except in the manner aforesaid.

Section 4. The Grantees shall improve the entire space covered by this franchise in the same manner and under the same specifications as county streets are now improved, and maintain the same in accordance therewith at all times; the County of Riverside, however, expressly reserves the right to likewise improve and maintain said area should the said County so desire.

Section 5. The Grantees shall construct and maintain all culverts or storm drains necessary to allow the free passage and flow of storm water and drainage water along the said Pedley Street at the points covered by this Franchise.

Section 6. Said Grantees, their successors or assigns, shall, in the event of abandonment of said track, or any portion thereof, remove the same within one month thereafter. Failure to use said track for a period of twelve (12) consecutive months shall, for this purpose, constitute abandonment.

Section 7. Said Grantees shall file written acceptance of the franchise hereby granted and the terms and conditions thereof with the Board of Supervisors of Riverside County within thirty (30) days after the passage of this ordinance.

Section 8. Any neglect, failure, or refusal on the part of the Grantees, their successors or assigns, to observe and comply with any of the terms and conditions in this ordinance contained shall effect a forfeiture of the franchise hereby granted, and said Riverside County, by a resolution of its Board of Supervisors, may thereupon declare the same forfeited and may exclude said Grantees, their successors or assigns, from any further use of said Pedley Street occupied by said track, the said franchise thereupon becoming null and void and of no effect.

Section 9. This ordinance shall take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after the passage hereof the same shall be published once in the Riverside Enterprise, a newspaper of general circulation printed and published in the County of Riverside, together with the names of the members of the Board of Supervisors voting for and against the same.

ADOPTED: 9-21-1942 (Eff.: 10-21-1942)