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O-1974-1001
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O-1974-1001
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Last modified
11/2/2016 3:38:31 PM
Creation date
7/20/2006 8:57:24 AM
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Legislative Records
Legislative Type
Ordinance
Date
8/28/1974
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<br />. . <br /> <br />. . <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />. <br /> <br />placed intervals according to accepted engineering standards <br />and practices for the construction of a Type H-20 bridge suffi- <br />cient to sustain speeds of 40 miles an hour, space for two (2) <br />piers for spanning thirteen (13) tracks across its classification <br /> <br />yard and an adequate number of bridge piers across its mainline <br /> <br />right-of-way, and to arrange its railroad facilities and structures <br /> <br />to accommodate such piers. It is specially provided that, as an <br /> <br />essential part of the consideration for this part of this Stipu- <br />lation of Settlement, without which Southern Pacific would not <br /> <br />agree to.be bound hereby, Southern Pacific shall not be required <br />to, nor shall it bear any cost and expense of the construction <br /> <br />of such bridge overpass for North "L" Street, other than the <br /> <br />. necessary expense to Southern Pacific which may be involved <br /> <br />in allowing, City of La Porte or other authorized governmental <br /> <br />agency to enter upon the surface of the railroad classification <br /> <br />tract and mainline right-of-way to construct such overpass. <br /> <br />Not less than six months' written notice shall be given to <br /> <br />Southern Pacific, its successors and assigns, of the intention <br /> <br />of City of La Porte or any other authorized governmental agency <br /> <br />to commence such bridge construction on North "L" Street. As <br /> <br />a condition subsequent to Southern Pacific's confirmation and <br /> <br />additional dedication of the entire 200-foot street easement, <br /> <br />. <br /> <br />it is specially provided that the North "L" Street must be <br /> <br />completed not less than fifteen (15) years from the date of <br />this Stipulation of Settlement, failing which the entire 200-foot <br /> <br />street easement shall ipso facto terminate without the neces- <br /> <br />sity for re-entry by Southern Pacific, its successors and assigns. <br /> <br />It is furthermore specially provided that, if all or any por- <br />tion of such 120 additional feet hereby dedicated is over and <br /> <br />across anx parcel of land in which Southern Pacific only owns <br />an easement and does not own fee simple to the surface, City <br />shall be solely responsible for obtaining the necessary overpass bri~ge <br /> <br />. <br /> <br />-6- <br />
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