HomeMy WebLinkAboutCC Res 520 1944-06-24
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DANA R WIl.L.IAM&
ATTORNEY AT LAW
4.' .KCUIIITY 8L'DCI
PHONE e..-I..
LoNG BEA.CH a. CALI"
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RESOLUTION No.5JO
A RESOLUTION ISSUING TO GUY F.
ATKINSON COMPANY AN EMERGENCY
PEffiAIT TO CONSTRUCT AND MAINTAIN
AND OPERATE A SPUR TRACK.
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5 WHEREAS, GUY F. ATKINSON COMPANY has
6 heretofore made application and has been granted a
7 permit to install a spur track across Electric
8 Avenue and Seal Way and over and along the West
9 Rock Jetty located upon the westerly side of the
10 entrance to Anaheim Bay and within the Clty of Seal
11 Beach, and
WHEREAS, the said GUY F. ATKINSON
COMPANY has informed the city that it is necessary
that said company be granted an additional permit
to provide for an additional spur track on the south
side and adjacent and parallel to Seal Way extending
from the aforesaid Rock Jetty westerly & aiBoanee
~r- f~rn-l00- to lL8 f!!t to a point approximately
directly south of the southern terminus of Dolphin
Avenue in the City ot Seal Beach. In order that said
GUY F. ATKINSON CONlPANY may construct, operate and
maintain additional spur track in order to use said
track for the purpose ot hauling rock and other
material to complete the construction ot a rock jetty
for the Uni ted states Naval Ordnan,ce, Depot, and
WHEREAS said GUY F. ATKINSON CO~WA~Y
27 has informed the city Council tha~ an emergency
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existed and that said company desires an emergency
29 temporary permit for the purpose ot maintaining,
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constructing and operating said spur track.
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Resolution Number
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1 NOW, THEREFORE, BE IT RESOLVED BY the
2 City Council of the City of Seal Beach that a temporar
3 emergenc~ permit to construct an additional spur
4 track on the south side and adjacent and parallel to
5 Seal Way extendlng from the aforesaid Ro~k Jetty
6 westerly a &ista~~a of frem 100 to lCO f6c~ to a
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7 point apprOXimately directly south of the southern
8 ermlnus of Dolphin Avenue in the City of Seal Beach,
9 range county, Calitornla be granted to said GUY F.
10 TKINSON COMPANY subject, however. to the following
11 erms and condi tions, to wit:
12 l. That this emergency permit is granted
13 tor the installation or an additional spur track
to be used exclusively for the purpose ot deliverlng
rock and equipment tor construction work on the
United States Naval ordnance, Depot and that such
permit shall be tor the duration of said work only
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or not to exceed a period of tk~18 (.) months from
and atter the date of the issuance of this permit.
2. That the Grantee of said permit
shall indemnify the City against all claims, demands,
actlons, suits or proceedings, and against any liabili
ty, loss, cost or expense resulting therefrom, which
may be based upon or alleged to rlse out ot the con-
struction and/or the operation thereof.
3. That the Grantee shall in the event
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of abandonment ot said spur track, remove said
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and shall reconstruct and restore to its present
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condition the land occupied and used by the Said
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GUY 'F. ATKINSON COMPANY tor the construction" mainten,~-
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DANA R WILLIAMS
ATlOftHEY A'T u.w
4.' IIBCUItITY 81.DCI
"HONI! e....1811
LoNG BEA.CH 2. CALI",
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DANA R. WILLIAMS
ATTORNEY AT LAW
.., ..CURITY 8LDCI
PHONE .......
LoNG BIAeM 2. CALI",
Resolution Number
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ance and operation ot said spur track. Allot the
said reconstruction and repair work shall De under
the supervision and to the satistaction ot the
street Superintendant ot the Clty ot Seal Beach.
Failure to use said track for a period ot thirty (3)>
days shall, tor this purpose, constitute abandonment.
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4. The term of the permit hereby
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granted shall be tor a period of nine (9) months
trom and after the date of the passage of this
resolution granting sald permit.
5. The permit hereby granted to operate
and maintain the said spur track, shall be revocable
at any time by the City Council of the City ot seal
Beach tor cause, but such permit shall not be revoked
until atter a hearing betore said City Council and
then only by a tour-fitths vote of said City Councl1.
6. That GUY F. ATKINSON COMPANY shall
not at any time intetere or obstruct the tree pass-
age and use of Seal Way and Dolphin Avenue it being
distinctly understood that sald streets and side-
walks adjacent thereto shall be open and clear at
all times tor the benetit of the general public.
7. The said GUY F. ATKINSON COMPANY
and its agents and employees shall at all times
keep the streets and alleys of the city, which said
streets and alleys are used by the said GUY F.
ATKINSON COMPANY tree and clear ot all rock and other
debris and shall be responsible to restore all street
and alleys used by the Company to their present
condition, usual wear excepted.
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Resolution Number
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1 8. The said GUY F. ATKINSON COMPANY
2 has heretofore posted a bond with the City Clerk
I 3 of the Cl ty of Seal Beach in the penal sum of
4 one Hundred Thousand Dollars ($100,000.00) tor the
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5 taithtul performance of all obligations provided tor
6 in resolutlon #517 heretofore passed, adopted and
7 approved the 18th day ot May, 1944 and it is a
8 condition of the issuance of this permit that said
9 bond shall also cover and secure to the City ot
10 Seal Beach all of the obligations pro1lided tor in
11 this resolution, and said GUY F. ATKINSON COMPANY
12 shall turnish satistactory evidence to the City
13 Clerk of the City ot Seal Beach that said additional
14 'J:lr0.vis.i'on:s":under this resolution be secured by the
'15 atoresaid bond before the issuance of permit
16 provide d, tor by this resolution.
17 PASSED, ADOPTED AND APPROVED, this 24th
18 day of June, 1944.
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SEAL BE CH
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DANA R WILLIAMS
ATI'OIINEY AT I.AW
4.' SECURITY IILDG
"HONI: ....1.11
LoNli BIlACH a. CAUF
