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HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1924-03-14 pacific Eli=ctric File. 12600 Q Extending; between "All St. and 9th St. ;;etween tracks an,;! 11024 Gcea.al Ave., for Autymobile Pf rhing. 6229 iu692-- 1111ain Street & Ocean Ave. Beautifica.tic-n and Crosswalk. 9?Ol.- Drive tray over R/W at entrance to Municipal Trailer Park/ 9-9--1097 6 ft. Pedestrian Crossing, 3rd and Ocean, over R/W 50043 Huntington Are. extension offer R1W 51222 Indian4,:)olis St. trussing over R11 42300 Hartford St. crossing, 3rd Street; to Alabama Ave. 1321C Storm Drain Easement, 16th & Ocean Avv-=. ' a 90GO 6 in. Sewer, Pipe Crossing R,. W near "All 9t. 1' 9093 6 in. Suer Pips; Crossing R/W near First St. at Ocean Ave. 914.8 2 a 6 in. SewerPine CrossingsR/Wnear ' AN St. 5565 Parcel 12 ft. x 9 ft. on Newport Li,.e R/W at 17th St. & Ocean Ave. 312.23--S Permit to entzr R/W Xev.po-.t Lire between 6th or,. & 9th St. to letrel & grade - CA-1;13ELLED AppItcation to adjust & Increase fares. 19;-0. Fetters. Aug. 3, 1950 m re endorsement to Policy No LAO 35977 June 20, 1-950 Re duplicate copy Folicy No. L,AT 35977 ?far. 21., 1950 RE #9300, 24" sever pipe crossing R/W ,riE #21637, 2" iron gas pipe cros,l.ng R/W June 24, 1949 Re: No. 12929 and 12829 1948 - 1,1e proposed- lease --12678, additional Space;, Irailpr Park June, 1947 - Re proposed op6rati cn, tramway to Municipal Tra.ilet o k - j t Colo PAA iearr CERTIFICATE OF INST)ILUI?CE ! PACIFIC ELECTRIC' RAILWAY COMPANY �ATTN: 14R. L. L. YOUNG ® 610 S O o MAIN STREET, MOR. LAND'' AND TAX DEPT ._ LOS ANGELES : CALIFOI_,,ZIA THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity Company.Should any change occur in this insurance, the undersigned will en leavor to give written notice to the holder of -- this certificate,but.failure,to give such notice shall impose no obligation or liability upon the company or the undersigned. Name of Insured CITY OT'' I;UNTING^sON BEACH, ET AL � Address of'Insured HUX,LINGTON BEACH, CALIFORNIA Location of Risk HUNTIIIGTON BEACH, CALIFORNIA. `i Description of Risk OPERATIONS Off' THE INSURED INCLUDING AUTOMOBILE 'AINT}1 PRODUCTS LIABILITY x Workmen's Compensation:Policy No. Term:from to Coin prc�!nsive Liability: Policy NO- LAC 101570 Term:from 9/26/5 r to 9/2{7/62 ' PRODUCTS Bodily Injury Liability$ 50 '1 000 each person. $ r,0,00©. each occurrence. $ 5Os OOO w aggregate. Property Damage Liability-Automobile $ 5 OOP. each accident. y Property Damage Liability,--Except Automobile $ 5Q'OOG each accident. $ 50,000. ggregata. Owners'.Landlords'and Tenants'Liability: Mani:_acturers'and Contractors'Liability, 1-uxicy Mo. Term:from to Bodily Injc.ry i,iabili4y$ each person.$ each accident: $ aggregate:' Property Damage Liability $ each acci:',ent. $ agg*egate, ' Policy No. Term:from to LEASE AGUTM11T #120 REMARKS: Ib is egreed. that the oliey`;rz�y r„Qt,ht�- oafrce7.led by the Compamy until Gorrlp&ny has, m�ti1 ea' €fir ttsn notice to PAGIFIG ELFCTIiIC' 3, RAILWAY CpI� ANY, �30 SO. MATH ST. :LOS ANGEI8 y CALIFORi'tZ: y tat ng When: not less than xtiTl�T� ��O$ DAYS thereafter) such c2nce��at on s�a1 I be, .effeatXV e. Delivery of such written notice 'cy, the C�om any L ertified tiws 3h L I3Y SYIETT a CRAWFORD JOIN 9GILLE3 " I ,. I IG009b 209M 357(,k'I) �b Appruvcd as to Form by Chief Counsel Form A 318 Sept. ZO, 1921 LEASE made and entered into in duplicate this day of me-zah 9 g��� by and between the PACIFIC E'LrCTRIC RAILWAY r OMPANY, a corporation herein,ffer calked the "Company," party of the first part, and Oity of Hmtinaton �Oae41_11, Hint:Ingtom A_gh, Ca`f.A hereinafter called the "Lessee," party of the second part. WitUVe'&Ifb : That the Company, for and in consideration he covenants and paymnents here- imtafter mnentinned to be performer and made, by the Lessee,hereby leases zzzato the said Lessee the follozv; tg described, portion, of the property of said Company at or near 17th Stereet and Oman Avqu"ra RrAtj.$l6tOr_` _Bea0h Station ftwpor# .ems Line, County of Lps A4geleol State of California, to-zuitt That cay Lain parcel of Land apprmdmtely 121 x 89 an Company'$ Nowport Liw right of way at corner of 7 7th Street; amA Ooea Ayen=, s -Maatington Beach, Callfornla t said premises being •more particularly shown, outlined in yellow nit the map hereto attached and made part thereof. '' The le»n of this lease shall be fro-it, the 1e$ day of :Awoh. l,gpA to tl�e ._.»..,._._&Lof anr7thereafter tui#:k'l terminathd on thirty (30) di jal virittea ., notice. Sr•,cTION .1. The rent thrrefor agreed to be paid is One -and' dollars ($ � ) J= payable in advance at the office of the Ca.,!t.ier of the Company,in said City of Los Angeles, State of California. and the Lessee agrees to pay the Company,for the mtse of said premises, the rent herein reserved ht the manner herein speci- fied, and mtot, at any tinte, to under-lease or sublet the said leased premises, or any part thereof, or any build- ings or strucheres thereon, nor assign this lease or any interest thrrein, without the -•ritten consent of the Company and satisfactory obligation by the proposed sub-tenant, su3-lessee or assignee, to be bound t by all the terms and provisions of this lease, and to quit and peacably surrender to the Contpany the de- mised premises coupon the termination of this lease, or any extension, or renevial thereof, or holding over said term, whether such,termi. ation. be by limitation:or notice, or otherwise, as hereinafter provided. The Lessee hereby acknowledges .he title of Panift �?38, {{� .� Gomnpamny, and the leasehold estate of the Company. inatatc2 'to t o I VIIzi �-Viribed in this lease, and s agrees haver to assail or resist said title or leasehold interest. Src. 2. The said premises are rented to said Lessee solely and, exclusively for site for m"n ll shelter station and if used for any other purpose, this lease and all the privileges of same shall, at the ion of the Company, imnaediateiy cease and determine, and the Company may take possession of said premises Without fmnrther notice,demand or proceeding. SEC, 3. The Lessee further sovenlants that mzo building, platform. or.other structure, to be used for purposes other than that for which this lease is trade,shall be erected or placed upon said,premises with- out the written. Consent of ,he- Company; that no building, platform or other szruct'nre shall be erected or wmisnta4zed, and no material of- Other obstratctiou of any kind oi• nature shall be placed, stored, stacked or m=3aitnaitzed within seven feet six inches. (7 ft.6 in.) measured at right angles, of the outside of nearest a Plaint Wie track rail, n, sir (6) feet, measured at right angle*,of life outside of-nearest spur track Tait provided however, that lat ormus and their appurtenances tour 4� feet or less sit height, measured .� p f tp •, � ,, .0 vertically from.,top of?zearest:trach rail,:onay 1-a placed or tnaintatned. at a distance of snot less than seven feet sir innches { ft. 6' inn.) measured at -tight angles,, trout. outside of vearest mainline track rail or L [7within four feet (sight and one-half inches (4 ft. Sf in.) measured at right angles, of the outside of nearest Spur track :ail: that ono gunpowder, dynavifte, ?asoline or other exptosiue material shall be piled or stored o= be permitted to be piled er stored upon the premises hereby leased or On the Prem-ises owned, leased or controlled by the Lessee at any place within. one hundred (160) feet of the said leased premises; that the Lessee stray! be liable for any and all injury or da-mage to hersoits or Property of whatsoever nature or kind ar•isiug out of or contributed to by any breach in whole or in part of any covenants in this paragraph, including attorsra<<'s fees and costs of recovery. I Notxithstanding anything herein contained, it is agreed that -;to building, platfo;rrt or other structure shalt be erected or maintained, mid no material or other obstr~<ctton of any kind a nature shall be placed, stored, stacked or maintained at less distance from the rails or tracks, or the center lime of the tracks, than 6 the viinirnum clearance provided for by the Railroad Connuission of the State of California,_as now in effect or as thz same may be changed or ai.eiuled. Suc:. 4. The Lessee covenants vnd agrees that any and all buildings erected itr,oit the premises hereby leased sh.oll be paitrtcd by the Lessee, the color to be satisfactory to the pa•'y of ;'lie first part, and shall at all tines be kept in good repair; that the premises hereby leased shall, daring the continuance of this lease, be kept by the Lessee in a neat and tidy cotditiot an free from. all straw, rubbish or other material which would tend to increase the risk of Itre or give the pr-noses an maidy appearance, and upon the c.rpiration of this:ease or the termirh-.,ort thereof,the said premises shall be restored to their original � condition; that noire of the buildings or other structures erected on the said premises shall be used for dis- playriitg- circus posters or any suns of- advert iseutcats other than such.notices and sig,:s as may be connected with,the bissiress of the Lessee contemplated by this lease, and that such. signs acid notices shall be 1.1atly r Written or printed and shall be properly mainiabied. Sec. S. The Lessee further covenants and agrees to pay promptly all tames of- assessments levied or assessed, by or under the authority of any county or city authorities upoit the improveanents Itow or that may hereafter be constructed on the premises hereby leased, and should the said tares and assessments so levied or• assessed be not.paid by said Lessee when clue, said Company may at its option pay the same, together with all penalties or costs that inay have accrued thereon, and said Lessee hereby ag-ees to repay to said Company upon dentard the sriount of said tames and penalties and costs so paid out by said Coats- parry, together with interest thereon at the rate of severs per cent. (7%) per armu:rrt from the date of such payment itrttil paid by thr Lessee, and sintil repaid the ainount of suchh, payment, and interest shall be n, to chage and lien against all buildings or improvements placed by the Lessee on said premises. F,A Sr c, b. It is further agreed that no railroad or transportation company or person or personc engaged in transportation other than the Company shall have the right or be allowed to use any track or tracks upoit extending to,city part of the premises hereby leased without the, express permission of the Company. �s a ar 'ZLI_asewas ojw, r , M a dangerous pm unity to the tracks of said Conipa�•y, and that persons ertd property; on7saia � leased prey ses are and rill be In dan.mer o f injury or damage by causes incident to the operatio t railteay, by t . ad of escape of electric current, wid fire, and by the movement of motors, cars r tminis; and said Lessee bind. itself to irilemtnify said Company as to and to hold said Comp arn.tess, of and from all claims, los age, whether to person or property, avoidable by see, its officers, agents, cvtployees or licensits, by re exercise of dire care, in viezu of knotrsled e a ch hazards and dan- gers; arid Lessee hereby to t i officers,agents, employees or ' ensus in or about said leased preiriises shall be corchtst:vely deemed to haNAll knowledge ¢n a ation of the hazards and dangers aforesaid. ` It is further nnderstrod and agreed by Le a perations of motors, cars and trains, there is liability that horses or other aninurl :nay become frigate d, and Lessee hereby agrees to assuine all r,sk'of dairage or injury cans • resulting front such fri I ing of horses or other animals, and agrees to indentnify and s¢ harmless said Company frosty all liability, c 'it or demand which. any p ,sort :nay hereafter arising out of or resulting fro," sitclt frnghteniii.g a ses cr other aininrtals while itpott the leas premises ar passing to and from some. The csee rtlrer agrees to give to the Company, ^tpoit rearrest, a board with good and sit ' ' sus aty to be a ra� the auditor of the Catrtperav, conditioned that the Lessee -chill curl ze+ill at all tis so __asid�eya z tlne said Corripasty against any &t,vility, cause of �ictiot, c1¢im or 'erriarnd iris: a Dirt ' at SEc. S. The plash and business upon said leased premises, for the purpose of conduttirt•,- and oiler athig which this lease is ,trade and entered into, shall be operated continuously during the term of this lease by the Lessee and its case of it glect ar failure to commence or resume such operations Tuithiwthirt' (30) days after notice so to do, personally served, or mciled by the Ccinpany to the Lessee at the snearest postoffice to, or posted in sonte conspicuous place upon., the said leased premises, tL•is 1,Ise shall, at the expiration of tent (10) days from the expiration of such 'notice, cease and deterinine, without further •notice, demand or proceedings by the Coutbany. Src. 9. Noteerithstaud:'ug anything hereinbefore contained, it is nevertheless understood and agreed be- Moon the parties hereto, that the Company may, at any time during the term a-foremid, or any exten,ro thereof, or holding over thereuirder, terminate this lease and the tenancy of the Lessee of the prenti.ses aforesaid, by thirty (30) days' notice, in nwhirtgr tastaC-r+N cf-Ltss�rr�rf-rn 'rro- Q pay`-rcr+'t-xvlri�r,ury_.lu�+a•-•lice+e—p•:ri + �nt-�Zct'zts<vazittC-'otr4creaa �,j� ltawa-�satr--Hp•(ilit¢bl�'•ttr-tiire-i:�vtnnirsd r ;,:e'rr�te�:k..atcccasdar�tltr=lris�.iiasa€iarn—af—sa•i[l.-t°etrmsc�r l,><4-tlis-ugtzca-Thixrrai--p+t:a�t+elec{Ot': . It is further agreed that said :notice may be given by serving the Lessee personally, or by m.ailhtg or posting as hereinbefore provided. It is further agreed betweent the parties hereto that in case they; fail to agree as to arty extension of this lease at the expiration of the term hereby created, or upon arty other terrnirtation of this lease, the Company shall have the privilege, if it shall so elect, of purchasing the buildings and 'improvements that inay nou, be located or hereafter erected or plc:red upon ,said leasedd prendses by payqrig for said buitdiitg and improvements sitclt price as attay be agreed upon by the parties hereto. It being further provided that in case the said parties cannot agree upon a price,the same shall he hied by two persons, one to be selected b1, each party, and that in case they fail to agree, them the two persaits shall select a third person to act with them in the premises and, the parties hereto agree to abide by the decision of two of the three persons so selected. 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'.j�,.'� a,. w,.... #,,,�•x•. :�'.'.ice«_=�.m.Px ?? ���qq e „r..;«- z�'�{.. ,ie��. :� ~ ? mil`' �,�-- �i a�" s. �'«�:'P� „�� '� �' "qi='"r!nr'r �> �'6x� r ,3�..- ,�� ri��� $ 4ai�J�•4:`�� ��f"�� ��'. > 3.. ��r )...,-tt,�,sh �,�a,�' l�+'L,• -},e•.�r*. t�.., � a}{��R�ds �s, •A � §.,am,�'x-.v � 'r y"d,:a a 4 •,s�" ,t e> as q�! ` �`arn .f rz• �a v.. z•�r _,� s �` a � f a �s e si`Ryf9 F'�' .d'�. - 1r--,Sh'S";,Y'"Ir� ,-+y�V' S• �a F'ra � i S'-'.X'#� �•. ��ay�, act' ;-� *' s>s .�.. x � s �q�� x .�•7� iz` �'�5�e`.S'�'� �ne-'-C�'+z ,,�.r�,s ws i � .F s.'.'!:•. .*� 5p. .:.a• .. '.h;E.>,_ ' ,:�°��1.� ,.,ZS .�"-. i .^#'�+',�,_ \ '� �«5a5rt rR+tt �`���k�� _-'������� 'a`i'S�G y�t': , . t ' Yk the termbution of this lease either by notice or limitatio,i. In case the Company does not elect to pur- s chase the buildings and improvements upon said premises, then and in that event all of said buildhtgs and '. :. rznproventents shall be removed on or prior to the date when this lease termi,,ates, eith •- by limitation,or by pro ice, and that in case sit h buildings and intprovements are not all moved on such. date, their and in that event the said buildings and iittz9,ovemem's then remaining upon said leased premises .shall 'become the property of the Company. SEC. 10. Ic is furth-r agreed by and between the parties hereto that the breach of any covenant, stipulation or condition herein contained to be observed and performed by the Lessee shall c..-, once work a termination of this lease and all rights u f the Lessee hereunder. That no notice of such termination or declaration of forfeiture shall be required,_aad the Company may at ence re-enter upon said premises and re-possess itself thereof and rentove all persons therefrom, or niay resort to an action of forcible entry and detciner, or any other action to recover the same. SEC. 11. It is further agreed that in case Lessee holds over the term of this lease by consent of r the Company (unless otherwise expressed in writing),such holding over shall be deemed a tendency only from month,to month. SEC. 12. It is further agreed that no spiritous, malt or vinuous liquors a beverages shall be sold, dispensed or *iven away on the said leased premises during the term of this Ease, or any holding over or extension. thereof. SEC. 13. It is further agreed that by the word Lessee is meant the party or parties of the second part i,,amed A,-rein. and signing this agreement, and his, its or their successors, assigns, executors or ad- ministrators, and that all of,the terms and conditions of this agreement shall inure to the benefit of the Company mid its successors and assigns, or any railroad company ;.chose line of railroad the party of the first part hereto may by operating under any arrangement of any kind and nature whatsoever. s rtq 1 3 t IN WITNESS WHEREOF, the parties hereto have caused thi.: lease to be executed in duplicate, the day _and vear first herein written. //u�/ .PACIFIC ELECTRIC �:.AILtiIAY CO�IPANT Y, ti": Appro710i :. t. - �. Bg......-..........._......._�.... � k Chief Engiz�r ». .... Approved cam cov<s icere�t APMO Approved Ap ygved44'at�e U ! Mgr. Real Estate, Taxes and Resorts ai oz�74_ r Fos-Vatnc raceived. _.. ........ .........._ _... do ___ by thr•-,•e Presents bargain, sell, assign and set over janty or assigns, all........right, title and interest in the fore—oirag leas,nrtrl ._ x hereby consents to the aasigsrrnesrt of the foregoisag rn e.rt rre on safd #` .• _....signing said lease and thireby asslanling all said covenants of the party Of the second part therein contai -d. 4: z _._.._...... . ................. _. f .......................... �._ tc .b i fff C� 'gyp. r Z. i ! ! N � i f r 1 June 20, 1950 Pacific Electric Railway Company Pacific Electric Building 610 S. Main Street --P. 0. Rddress 208 E. 6th Street Los Angeles 14, California ATTENW014 E. VAN DUSEN Dear fir. Van Dusen s We have enclosed a duplicate copy of the Pacific Indemnity Company Comprehensive Liability Policy, LAG-35977, eovering the City of Huntington :leach. This is in accordance with your recen'O recfaest. Very truly ycurt;, J'IH.mg J. L. Henricksen Line, City Clerk August 3, 1950 Pacific Electric Pailway Co. P. 0. Address 208 E. 6th St. Los Angeles 14, California ATTENTION: MR. FQOATE Dear Mr. Fugate: We have enclosed an endorsement to our policy No. LAC-35977 as requested. Please attach this rider to the copy of the policy that was mailed on June 20, 1950, attention E. Van .Dusen. Very truly yours, JLH.mg J. L. Henricksen Eno. City Clerk k �•7-�lirrfef-�l, Lrrri•:.�ra�zrl.1�a J F E HALLAWELL MarCih 21 , 19.5 0 ,,_••ERn MA H AGEP File: 3 40-301 j 93 2 City Of Huntington Beach, Hsu ington Beach, California Gentlemen: You are hereby notified that effective as of June 16, 1948, Pacific Electric Railway Company acquired all of the alight, title and interest of Southern Pacific Company in and to the following two agreements between Southern Pacific Company and the City of Huntington Beach: 1. Dated February 7, 1916, covering construc- tion, maintenance and operation of a 24-inch vitrified iron stone sewer pipe crossing at Engineer Station 835+11.4, at Huntington Beach, California, (Document .Audit No. 8300) . 2. Dated April 1, 1917, covering construction of a 2-inch ixon gas pipe line crossing at Engine:sr Station 946+21 at Viestfall, California, (Lease Audit No. 21637) , and that Pacific Electric Railway Company will stand in place and stead of Southern Pacific Company in said agreements. Very truly yours, SOUT134KRN P CFTC COIVIPAX , y Ge ra1 Managel, I I June 24, 1949 RE;: YOUR FILE NO. 12828 NO. 12829 '-'Pacific Electric Railway Company Pacific Electric Building 610 S. Main. Street Los Angeles 14, California ATTff,TI01T i E. VAN DUSfSPT VANAGER WiD AND TAX DEPARTb MT Dear Mr. Van Dusen: Your letter of June 20 has been received. The suggested'amendment was the :natter of much discussion between the City and the 93ntington Beach Company. It was finally agreed. that the same would be left out of the agreement. The City Attorney has advised against the inclusion of this paragraph in the agreement. We cannot see any valid reason wby it should be added at this time. Yours very truly, JLtI=g J. L. Henricksen City Clerk v Dooember 10, 1948 { Pacific 2lectric Railway Com�axny 610 oath Main Street .Los AWIes 14, California Attoation: .'Mr. E. L. Young Dear fir. Youngs Enclosed is or i,gina l and three copies of Wrtificate of. Insurance issued to. the City of Huntington 'Beaoh, California 1 coveriz>v, additional ozposure Under Zeaae .Agreement iM600 with :,. the City of Huntington Beach trmI, the;reicific Electric Railway 4y. M8 :insUr.ance it written per your request and coDditione as Chown .in the above mentioned lease.: Trupting you .will find, this in order, we are Very truly ,your Bile"`i`TNt,MEi A3EAQH 114STJR,0013 A,"OCZ.ZP03 D. K. Jones ;�nels. ac to City Of, Huntington Bench 11untington Beach, California M 1, Nravember 23, 1948 Pacific Electric Railway Company Pacific Electric Building 610 South Main Street Loa Angeles 14, California. ATTENTION: MR. E. L. YOIJ14G Dear U'r. Young: In reply to your communication. of November 220 1948, regarding your Reference L-12678. The discussion covering the use of the strip as contained in the proposed lease chid not cover any specific rental rates but was a req- uest fron your organization to Bake a propo- sition to the City. Though the City Council dial not expresb themselves specifically it is my belief that they objected to the chart per- iod in the cancellation clause and the factors used in arriving at the rental rate. The strip in question would be entirely vacant for seven months of the year and does not parallel the conditions that were used as a basis for arriv- ing at a rental rate at the entrance portion of the ground leased from he Pacific Electric Railway Company. Very truly yours, J.LH:mg J. L. Henricksen City Clerk 1z-�0-aM O.C.1731 - PAmFir, EcMr, RAILWAY A PANS' PACIFIC ELECTRIC BUILDING, 610 SOU H MAIN STREET P.O.ACORESS 208 EAST 6TH STREET LOS ANG€LES 14, CALIF-SRNIA IN REPO PLEASL REPE, TO £. L. YOUNG, MAMPGER LAND AND TA:OEPARTMENT L. 12678 November 22, 1948 Mr. J. L. Henricksen City Clerk Huntington Beach, California Dear Mr. Henricksen: Referring to your letter of November 16, with which you returned, unexecuted, proposed form of lease w.,Ah the City of Huntington Beach, covering use of a strip of Paei? ic Electric Railway Company's Newport Line right of way along Coast Boulevard for trailer park purposes: Would appreciate your advising just hat. terms contained in the lease are not acceptable to the City as it was my understanding that the document wao prepared in line t with prior agreement and discussion. Please let me hear from you. Yours very truly, f } G ELY:DP' i { i O.C.170 PACIFIC ELECTRIC BUILDING, 610 SOUTH MAlN STREET P. O.ADDRESS ZOB EAST 6TH STREET LOS ANGELES 14, CALIFORNIA IN REPLY PLEASE REFER TO E. L. YOUNG, MANAGER LAND AND TAX OEPARTMENY 22-3 June 4, 1947 Min Harry A. Overmyer City Engineer Hunting-tort Beach California Dear Mr. Overmyer: Your letter of May 13th, addressed attention Mr. E. C. Johnson, Chief Engineer, has been referred to me, regarding permit or lease for the tramay between Pacific Electrices tracks and the bluff extending from Main Street easterly to the municipal trailer park. As I understand your letter of May 13th, this would be a lease to the City for a City operated tramway. Would the City be agreeable to constructing a fence between the tramway and the track'? If the City itself does not propose to operate this tram- way but proposes to lease it as a concession to some indigidual, Pacific Electric feels that in the latter event there should be a substantial rental consideration. If the City proposes to operate the tramway itself it is planned to charge only a nominal considerwtion of $5.00 per year. Will you please let me have what information ,you can along these lines as I will have to submit the matter to the Huntington Beach Company to see whether they will assent to the making of such lease. As you know, the title to the property is vested partly in the Huntington Beach Company and, partly in Pacific Electric Railway Company-, it being an undivided joint interest. Yours very truly, 3- EI.y:DP P HARRY A.OVERMYER `3 ���III�UlQ7 City Engineer `�� oRgTFo�Ey� CITY OF I- UNTI G 1 ON REACH P i;;;4�rrrcct7' Q ENGINEERING DEPARTMENT Huntington Beach,California �Co�NTY � June 16, 1547 Honorable Mayor � and. City Council Huntington Bdach, Califs �a Gentlemen: Attached for your consideration, is a letter received from the Pacific Electric Railway Company concerning our application for a permit or lease to operate a tram from the pier to the Munidipal Trailer Park. Respectf ly, arrXA. Overmyer ty (:P1- Engineer HAO o a. r F�!..Z.Zl rp�� �pp�g� p�{- 6 IFIC PACIF.'C ELECTRIC BUILDING, 610 SOUTH MAIN StTREET LOS iNGELES 14, CALIFORNIA PHONE.MADISON 4-6161 IN REPLY PLEASE REFER.TO MANSAL ATTORNEYCORRIGANGOROON F7ry ,-}. ❑'BRIENl7olt"��'-��TEIGERF.. STILLNEYS December ?, 1960 a Harold D, McCoy, Secretary Interstate Commerce Commission Washington 25, D. C. In re. In the matter of the Application of Pacific Electric Railway Company, a " cor- oration, under paragraphs (18) to (21), inclusive, of Section 1 of the Interstate Commerce Act, for a certificate of public convenience and necessity authorizing the abandonment of a Dortion of line between the Cities of Huntington Beach and Newport Beach, in the County of Orange. Stp.2e of California Dear ,sir; Enclosed herewith are original and ten (10) copies of Application in the above entitled matter, together with three (3 ) copies unbound of the map, and also original and ten (10) copies of Return to Questionr,:�..�re. in this matter, which are sent to you for filing. Yours very truly, EDY:FWH E9 D t YBOM Ii ENCL. CG : -Mr. C. A., Bauer' W Encl. City Attorney of Huntington Beach P.O. Box 507 Huntington Beach, California City of Newport Beach Encl. r. City Hall. Newport Beach, California. �UNTINGCity of r on ineach Tpy Ccclifornia MID �CppNTY GP September 6$ 1960 Pacific Alectri:c hi lway Cool 610 So. Mill Sty � Los Arigel es 9 Calif. i 'To.686U3 � :: Orange Co � Ux' Ct$ Re: People of o Ca?ifr, * o Pa^ii B s . Pam' et a Bear Sir: I am enclosing a rou bra a prcpaced resolu- tion of the City of Ti on Beach relating t6 the compromise "between City and the Pacif i Electric Ral1wa Would appreo K :o hea g f r m you if you have any ohjaction to '.he Ian x go used in this resol-IltioJil and any sugg tions may have as to any deletions or additions sr et I h" ► have th s reedy for the Council meeting on ptembe 19thg' 1960. ozz<s very trey Co A4 BAU.ERv City Attorney OAB3 CC: ioya' ii�.�a � City ,Admini st ra d Untingtorl ROUGH DRAFT RESOLUTION No. MREAS the 'City of Hrati.ngton beach has been named as: a. defendant in a condemnation action anti.tled p "PEOPLE v® PAICIFIC ELsMOM10 RAILWAY COMPANY, et a12 No, 5 93311$ which aam tion.. -was origin-ally filed on or about Aprtl 172 1951 s to condemn certain right-of-way for street and highway purposes, a portion o%! the property to be condemned lies between the present High- way 101 and Huntington Beach Municipal Trailer Park- and IMREAS s said original action was dismissed and a nev ad- Lion; filed, entitled. "PEOPLE v. PACIFIC ELECTRIC RAILWAY COMP-M et al.� No, 68603"g and which action is now pending in Superior Court of Orange County 9 California;a; and WHEMAS9 it has been the contention of the City that the city oimed that portion of the Lana sought to be condemed 'Which lies between Highway 101 and. the Huntington Beaoh Trailer Park, subject to the easement of the Pacific Electric Railway Company for railway purposes; and WHEREA82 the Pacific Electric Railway Company has main- tained that they own the fee of said portion of the property above sought to be condemned, and MMREASS this matter has been in litigation for over nine years and efforts to resolve the matter of the ownership and title to that portion of the property sought to be cohaemn.er above referred to has not been determined and TeMREAS9 the City of Huntington roach has been informed by Pacific Electric Railvay Compa:ay that in the event, the City and the rail-road could effee an agreement relative to the o*Ymerw ship of this land that the railroad would take immediate steps to secure permission from the applicable Federal authority to aband;= the use bf. said land for railroad purposes; and WHEREAS' the City of RI.mtj ngton Beach, if it continued with the litigation as to the Gitle of said portion: of the property sought to be condemned,, could reasonably anticipate an, additional period of tine and cost to the City and the possibility that tha City might lose in said action; and Iffi'�REAS9 in the event an, agreement is now effected with the Pacific Electric Railway Company, the railway company could Pro- teed with its regUest for permission to abandon said rallw y over � the property above referred to; and I REAS7 the Council. has considered. this matter and has corm- eluded that it is to the best advantage of the City and to the general ,welfare of the inhabitants that the railroad tracks be- tween the present Highway 101 and the City's trailer park be a an- donedy and to that end$ that it would be to the bollofit of the City that an agreement be effected .in said litigation as to the o=ership of the property in question; and 1-17WREAS9 Pacific Electric Railway has offered to compromise said litigation to the effect that both, the City and pacific Electric Railway would have an equal ownership of the fee of said property$ subject, however, to the railroad easement can the poem tion of the surface thereof, NOW THEREF ORE 9 BE IT RESOLVED by the City Council of the City of Huntington Beach, as follows: 1b That it is the consensus of opinion of this Council that .i.t is for the best interests of the City that an agreement be -effected with the Pacific Rlectrla Railway Company insofar as the talc to the_property in the present; condennation actin "People v, Pacific Electric Raily ay Co-Dmy et al."q Case Ito*68303, i.s 'ooncerhed t 2 20 It is further found by the City Council that a fair and equitable agreement is that the Pacific Electric Railway . anal the City off Huntington Beach be ;equal owners of -tha fee subject to the right of the railway to use the surfaca of a portion thereof for railroad purposes 3. The City Council finds that the agreement proposed and submitted by Pacific Electri-- Railway, a copy of which is at- tached hereto and made a part of this resolution i equitable and it to the best interests of the City of Huntington Beach. 1+.g It is further resolved that for the best Interests of the City of Huntington Beach the Mayor and City Clerk be author- ized to execute the agreement between. the City and Pacific Blec- trio Railway Company. PASSED :AND ADOPTED by the City Cowell of the City of Huntington Beach, California, at a regular meeting thereof heeled on the dad of , 196o. Mayor ATTEST: City Clerk Clews certification 3 is August 8; 1960 Mr. E. A. Yeomansj. General Attorney Pacific Bleo"tric Rpilwayy 610 South Main Street. RE: Y 9: People Los Angeles 14, California a State o aY forni s. ific E16c is RAil tray C , et al-Orange-County Supe r Court No. 68603. Dear Sir: As a result of your x 219 1960, letter tecomd mending the employment John Sayer, we have en- closed a Certified c of a- tion the July a, 19600 City Council minute You. wil' note that th City Geursc3lB s action was unw-U mous in accept g your snag. stion that Mr. Sayer be vamployed and the Ci. ar it roportional share of the CKease this office or City Attorney Charlesitional ingormation is needed« s very truly, Boyle Miller City Administrator 4 DM:cl.c Ergo'• a Council C.harlrer, City Hall Nmtington Beach, Cailforai.a Tue�sda JJu 5, 1960 Mayor Gisler called the regular --- meetiklq, of the 'd:-ty Counc 6 -,,RFty ofr , Fhmtington Beach orb�.t 7�,30 61clock P.M. Couzxcilnien present- Wellse Lambert.$ Stewart. Waiite,,_ Gi-sie _._ Councilmc-,i -%bsevnt: None �;.�-;-�'`rlar�is:szr'�:�rk���^�r'w`�:�i�t>;�-a:s'�k�:3rt.•az�'c�k-,�3sa��:�:karc�,�; ty... . The City Adminstrator informed the Council that the Pacific Electric Co. had informed him they were desirous of securing an appraiser to set values on the right of way property being negoti- ated between Railway Company and the City. He stated that they had proposed Mr. John N. Sayer as the appraiser, to be employed for ap- proximately $4 50000, with conference or court time to be paid ad- ditionally at 125.60 per hour, .and that the City°s portion of the fee would be in proportion to the part the City enters into, On motion by Stewart, seconded by Lambert, the City join with the Pacific Electric Company and the ether entities involved, in hiring; Mr. John N. Sayer as appraiser. Motion carried. 3s J��u'�>`«d:ria"K<1M a�.'i.:T•.�i.:'YI� Jfir "�a-�'ac..e ..c.u1.,.la..mS:i 4a'.�ii`6L�'dt.'s'..,`1Ys.4 f��'tiv)u..a. On Wells sec ,b @ by Lambert = thie regular i � �"� '» thz n« a�a$ Beach A journ , to Monday, July llt-h, 1960 at 7:00 o4clock A.M. Motion carried. Paul C. Jones Council C3.er z cr of the City of « ? f sJ beach, CallfP rr. a� A-TTESTz Ernest H. Gisler Paul C. Jones a City Clerk- STATE OF UkLl:-FOI NIA County of Or=ve ss City of Fluzlti a tta�a Bleach .301,1ES the truly el-eted.. qualisiea and acting City Clerk of the :Lty of ea.chq Calif�r aia, dry herby certify s that the nsto e € ,d u°oregoinS ,o a true and correct excerpt from minutes of the City Gamc:U of said City d_z t"zeir reg'Aar �,� aieei ing v held Ct33 It he „ . rr .� ":a Of29 , _60,,> i I-IkT&z5S my hand mul seal, of `lie said City of Hu ntingtos� Beach tl,is the $th dqy �,f�wAugust �,. -� :a ,. # .60,�,. ,. s, G�.ty Ci erl. an�s :=d f f c .o eerrF, W. Hu tiL—ton Deach.. California ' 6-39 • PACIFIC RLECTRIC RA IL d g AMPANY 00010 . PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET LOS ANGELES 14, CALIFORNIA PHONE MADISON 4-6161 M REPLY PLEARE REFER TO =. D. YEDMANS ,ENERAL ATTORNEY - File; 16129 JOHN J. DORRIGAN JOHN H. GORDON JAMES W. ❑'BRIEN IGER WIILLIAM ETESTILL June 21 , 1960ATTORNEYS Mr. C. A.Bauer City Attorney Huntington Beach, California • r Mr. Hodge L. Dolle j 453 South Spring Street Los Angeles 13, California 'F } Mr. Roger T.I. Sullivan 4 458 South Spring Street ' Los Angeles 13, California Mr. John Schumacher Trustee Willow Land Co. 417 South Hill Street Los Angeles 13, California 1r. Carol G. Wynn 417 South Spring Street Los Angeles 13, California In re: People of the State of California vs. Pacific Electric Railway Company, et al - Orange County Superior Court No. 68603 Gentlemen: Birsuant to discussion with some of the attorneys for the defendants in the above case I contacted 14r.Sa.yer in regard to makin8 an appraisal of the property in the above case. Enclosed is copy of Ir.Sayer's reply of 11•Say 23, 1960 to my letter of April 21 , 1960. 4 It is my recommendation that .Ir. Sayer be employed by the defendants, his charges to be divided among the defendants on a prorata basis in proportion t,o the value of the respective Interests. I recognize that EX. Wynn has suggested 11.1r. John J. O'Brien for consideration and possibly ir. O'Brien can be employed as a second appraiser if one becomes necessary. At this time it is File: 16129 -2- June 21 , 1960 my recommendation that only Mr. Sayer be employed. Please advise if you concur in the employment of :fix . Sayer on the basis set forth, and if I get a favorable reply from all parties this correspondence will be considered the agreement for such. employment. Yours very truly, EDY:FWH L� r .ti � �.. . �� i d� � 1 6 �gr . ..r s-.Y r .. r,-g+ ,..t sue., •c.e�:. Mr. E. D. Yeomans General Attorney E_ U Pacific Electric Railway Coo npany Pacific Electric Building 610 South Main Street Lon Angeles 14, California Reference: Yo tr File : 1£129 People of the Mate of C_.aliforn:a vs. Pacific Electric Railway Company, et al, Orange County Superior Court No. i,8o01. Dear Aar. Yeomans: Please exe c€ my delay in replying to your letter of April Zlst req!ivating the basis on which I would be willing to undertake the appraisal of the property in- volved in the above captioned action, I have made an investigation as to t-he probable time required io c omplere such an appraisal and it is rry opinion that a fee within the range of $4, 500 to $5, 000, with the final determination left to rr:'; discretion, would be fair and equitable in this instance. It is contemplated th—t this fee would be payable upon the a::bmission of a docu- mented written appraisal report adequate in scope to form the `.,axis of wubcequen• court testimony, if such should be necessary. After taubmission of the appraisal report, conferences and;or court time wo}':d to billed on the basis of $25 per hoi,r. Please do not hesitate to let me know if ycu have any questions in connection with this fee estimate or if you would prefer further discussion prior to making your final determination. V dry truly yours, ,''�ohn N. Sayer i JNS/mae psi CAROL G. WYNN ATTORNEY AT LAW _ s 417 SOUTH HILL TrRE4'T SUITS 324 LOS ANGELES.13 1.7ADISON 6-9404 v Ut 9-1 amp 610 b M ai as Sltreet Iftople of the State .09 C4j ifain;La 'V. pacifilp, It Railvay Company, al: 4 Orange coo t a "Foluming rpcol t .mr� At, ya"C#mVnIal letter of r aatboriztd me to ran boh6lf at the trptstaaz. of TfIlIbm Fro Company to cloy, received lerMA the dity` c ''� volo t its' base to John �� ttic �a ;iG S Yatot ".-Att :: of ,, Mauer ma city At.torney''fo 1,b, tit-V o 'Wyk 0 PACIFIC ELECTRIC RAI:vW.El COMPANY C of Pac. E1ec. Bldg 610 So. Main St. Los 4ngeles 14, Calif. _ Madison 4-6161 Refer to File: 16129 C 0 Mr. John Sayer P Coldwell Bankers & Company Y 900 Wilshire Boulevard, Loll Angeles 17, California In re: People of the State of California vs. Pacific Electric Railway Co,-,pang et al - Orange County Superior Court No. 68603 Dear Mr. Sayer: Pursuant tc our discussion, enclosed is copy of Mr. Sando's appraisal, together with a recent stipulation_ entered into by the parties to use by you in advising the defendants on the basis upon which you would make an appraisal in this case. I have not sent you a copy of the complaint as that =s being changed, and the appraisal report of Mr. undo con- tains the property involved. In considering this matter you need not consider oil rights and you may assume that the railroad is removed from the right-of--way. The 100 foot right-of-tray is approximately as shown in Mr. Sando' s re- port, but there will be a minor change at the Huntington Beach end. Please advise what basis you would be willing to undertake an appraisal of this property with the understanding that there is no particular urgency in completing the report. If you need any further informaticn please let me know. Yours very truly, EDY:FfrTH E. D. YOEMANS Encl. CC : Mr. Hodge L Dolle Mr.John Schumacher 453 So.Spring St.L.A. '13 Trustee Willow Land Co. 417 So.Hill St. L.A. 13 Mr.Roger M Sullivan 458 So. Spring St. L.A. 19 Mr.417 S Carol G. Wy 9nxeet, L.A. 13 Mr. C.A.Bauer, City Attorney Huntington Beach, Calif. ° . of CAROL G. WYNN - -A'T'S'ORN EY AT LAW ._ _ - 417 SOUTH HIGL,STREET-SUITE 924. - LOS ANGELES 13 - - - MADISON a-9404. 'Union B*cifi.e: RVk11* Y CampanY� 610 South Main Street s 214gelet 14, G,alite3rni Z eax . Yeatans: Re People 09 the state .of California, vs. Pa6ific Electrio Railway, et alb (� orange Cour kt.§�rite .Court A6 603 t� t out d6oftrance In your office on Harcb 2, 1960, attended_ by fir. Bauer and ot:ier representatives of the City of Hunting- -t13 on Beach, Mr. Roger Sullivan., and myself, it was sur_7gestod thlat 1 i3ontact .Mr, aobn -,T. O'Brien, wbom I had already employed on ' half of mills Land gisd Water Companyr as an appraiser, in connection *ri3,th 4 pe-nding Flood Control condermatiop wui.t and . an qxpected state sigbivey suit, to ascertain vrhether .'Mr t)lpvien would undert jee to Make an appraisal on behalf of a .i of the: defond�nts in the above captidned action and, if sea, tad g irate a cost or L barge tber .for. { hIrote to Mr. Qlttiw-i on Narch 2, 1960, ai3O oia this date reaei ed a: rap�y .from him, copy o:E which I enclose he rewitb. ;M. gxtaardinq, copy of this .letter apd the enclosure to all of the above named parties,, anr� szzVgest that all of you �cat me have your views concernitg this appraisal f any: Agroe n is to he made with , O'Brien. e3e en ants shoul4i of cciurae, enter into the agreement an6 Should parti cipate in the expenses. Very truly, 'your CGW VK -CaROL G. �?'M fir►. ���' �ct�i��.v '.., P pprsiis rd 'Aea ttor, Zoneul.tant 3 4 Soutb Spring Strout T4os Angeles 13, Cal U.: April 5o I960. carol Gt. mynn Ali 90utu:,Hill Street s gelea 13r C�iliforn a 2e4 _ c�C3fiCeib Ra3lWav ! Pear Mr* Wynn: su st; to you regtieat .am submitting .anoutline of ,ray fees in donriectton vit`n the apbraisal, :c� the .property 3n the acif c E 3 ec4 tic tad lRea rJght-of-wa t om Huntington peach to, thQ 'Sa to Via' A rc .. .WIO nova itnvpl-vec�. r cgzademBa tiox� .pr ac ed3 rags a the ate' f. . alif'orrtiam regrot h :€ n tla s rnatte�, but it r =was iitd r*da6lt aol I. -tbl o* ht, it bent to make a Sr:atber c1ei:ailed 1pr6 imi-Aetty study as a bgsis for mar estimate of the time and ark r� ivied in .the ,.appi�aisa.l:. For trio.,appraisal. of this J+r6perty ray fee would be Rlvp Thousand` 55, tf .� D'611 aro For cauxt appegLr:ancGS my fe- Mill . $3 5 .00 r day ox part theroof i paces reimbursement for out-of-pocket 'Ok p6ts.0a .for materiales required at titiAI a t is agreeA that any arms '. x S!6nses '�r i 1. 'be incuri6 only w t� prior appro,�,sl r, Om .yo�A 'Xt» .i-s upderst oo 0at a retainer of 8.1.2.50.00 will be paid upozz ePution caf. this ex-ntract. M6 su0 of C 2500.:00 of the balance of tb 'foe csr �Spraisa3 servers aid o spt xa as �r7 7Ll be said upon livery .of the ap0� isel repot and the. ke a�.ning am&c nt for set ca s,. a pe �n s d cc uxt ippearar ces will pad upon paymcaiit of tie �u �ht ,.or a set l un z t in trbe pending `eonapmnation suit. k the foregoing imeate witU your �cpp:goval, please sign and rei.urn 'to me the ,Onciosed dopy o:' this lattez Wry.truly yours /0;/ JORU J. Q.a Bftng k 'PRO=g k PACIFIC ELECTRIC RAILW.AY COMPANY Pacific Electric Bldg. 610 South Alain St. , Los Angeles 14, Calif. Madison 4-616i In reply please March 10, 1960 refer to File : 16129 Re: People vs. Pacific Electric Railway Company, et al - orange County Superior Court No. 68603 To Attorneys appearing in the above case on behalf of the defendants Gentlemen: This letter is written to the attorneys repre- senting claimants to rights in Pacific Electric right of way involved in the above case, as to meeting with representatives of the Division of Highways on March 9, 196o. Present at the meeting were Mr. :in Dusen and my- self, representing Pacific Electric RailT-ray Company, and Mr. Telford and various representatives of the Right of Way and Legal Departments of the Division of highways. As a result of this meeting the following urd ers tanding was reached, subject to the concurrence by the other de- fendants. l,. That the State would not proceed at the pres- ent time jith the Pretrial set for April 201 196o, and would not have the trial date set at that time. 2. Viis would be on condition that the parties defendant would waive tine provisions of Section 581--a and 533 of the Code of Civil. Procedure 3. That the _parties would agree on July 1, 19607 as the valuation cLote of the property. 4. The purpos.� of the meeting at this time was for the reason that the Sta e was desirous of obtaining the full 100 foot right of ways and would request the parties to stipulate to an amendment of the complaint with the understanding that until Interstate Commerce Commission. 77, I File: 16129 -2-- March 10,1960 authority could be obtained the defendants would oppose to the taking of the 60 foot right of way. 5. In filing the amended complaint, the State would segregate into parcels those portions as to which individu- al defendants were making claims, that is, the Mills portion, the Willow Land portion and the portion claimed by the City of Huntington Beach would all be set up in separate parcels. 6. In. the meantime, the Pacific Electric would at- tempt to enter into an agreement with the Cities of Hunting- ton Beach and Newport Beach and when that was done would f,.le its application to the Interstate Commerce Commission attempting to secure authority to abandon the line between Huntington Beach and Net�rport Beach. If any of those receiving copy of this letter have objections to tho proposed procedure, I would appreciate be- ing advised as soon as possible. Yours very truly, E.D.Yoemans EDY:YLJH Mr.C.A.Bauer, City Attorney Mr. Carol G. Wynn Huntington Beach; California 417 So. dill Street , Los Angeles, 13, Calif. Mr. Clarence Sprague 315 First Western Bank Bldg. I1r. R.B.Pegram ;Santa Ana, Califcr nia 1100-3540 Wilshire Blvd. Los Angel.':s 5, California Mr. Hodge L. Dolle 453 So Spring Street Los Angeles 13, Calm. 1,.,r. John Schumacher Trustee Willow Land Co 417 So Hill Street, Los Angeles 13, California Mr. Roger M. Sullivan C y 458 So Spring Street 0 Los Angeles 13, California P Y BEFORE THE INTERSTATE C0124ERCE COIF USSION Finance Docket No. in the matter of the Application of PACIFIC ELECTRIC RAILWAY C014P.4NY a cor;)oration, under paragraphs (!A) to %21) , inclusive, of Section 1 of the Interstate Commerce Act, fora certificate of public convenience and necessity authorizing the abandonment of a Portion of lime between the. Cities of Huntington. Beach and Newport Beach, in the County of grange, State of California R E T U R N T O C U E S T I 0 N N A I R E r a 7. E. D. YEOMANS 670 Pacific Electric Building , Los Angeles 14, California Attorney for Applicant BEFORE THE INTERSTATE COMjiEME COWUSSION Finance D,,cket No, In the matter of the Application of PACIFIC ELECTRIC RAILWAY COMPANY a cor oration, under paragraphs (14) to �21) , inclusive, of Section 1 of the Interstate Commerce Act, for a certificate of public convenience and necessity authorizing the abandonment of a portion of line between the Cities of Huntington Beach and Newport Beach, in the County of Orange, State of California R E T U R N T O Q U E S T I O N N A I R E E. D. YEOMANS 670 Pacific Electric Building Los Angeles 14, California Attorney for Applicant BEFORE THE INTERSTATE CO1U-1ERCE COT411ISSION In the matter of the Application- of) PACIFIC ELECTRIC RAILWAY COMPANY, a) cor oration, under Paragraphs (14) ) to oration, of Section 1 of ) the Interstate Commerce Oct, for a ) FINANCE certificate of public convenience ) DOCKET and necessity authorizing the ) NO<__________� abandonment of a portion of line ) between the Cities of Huntington ) Beach and Newport Beach, in the ) County of Orange, State of ) California. ) RETURN TO QUESTIONNAIRE The PACIFIC ELECTRIC RAILWAY COMPANY, having made application to the INTERSTATE COMIERCE COMISSION under Paragraphs (18) to (21) , inclusive, of Section. 1 of the Interstate Commerce ' ct, for a certificate of public convenience and necessity authorizing the abandon- ment of a portion of line between the Cities of Huntington Beach and Newport Beach, in the County of Orange, State of California, which application is being filed in the office of the Commission concurrently herewith, hereby submits the following information: i Question 1: Complete Ltatement of 'the purpose of the application. Answer 1: The purpose of the application is to obtain authority to abar_don portion of Newport line of applicant described as follows: Commencing at point of switch to Stanton- Huntington Beach line at Pile Post 32.54.4; thence single track on private right of way and across intervening streets to end of line at 'Mile Post 37.762, Newport Beach; together with appurtenances; a total length of 5.218 miles in the Cities of Huntington Beach and Newport Beach, County of Orange, State of California. Newport line of applicant until 1958 consisted of a continuous line of railroad between Yorth Long Beach and Newport Beach, a distance of 20.4.1 miles. Pursuant to your Commission's Order in finance Docket No. 19962, decided January 10, 1958, segment of the line between Loma Wenue and San Gabriel Fled Control Channel, a distance of 3 .173 miles, was abandoned effective July 23 , 1958, permitting acquisition by the City of Long Beach of an area formerly bisected by the line, for the development of a boat harbor at an ultimate cost of approximately ten million dollars. Altnough the continuity of Newport line was- destroyed by aforesaid abandonment, alternate routes were and are available to applicant, by means of which to serve the remaining southerly segment of the line, as will here- inafter be more particularly described. Portion of line of applicant herein proposed to be abandoned parallels the Pacific Ocean front: Between Huntington Beach and Santa Ana River, the major portion of the beach area has been improved as the Huntington Beach State Park. Between Santa 4na River and end of line at Newport Beach, the area has developed as a residential beach resort. Applicant has been pressed by City of Newport Beach for the past several years to abandon its line of railroad within that City, alleging that said line of railroad creates a traffic problem and is a blight upon the future growth of the section of the business district through which the line passes. 2 .. Answer 1: The Highway Department of the State of (Continued) California proposes to acnuire by condemnation action the major portion of applicant' s right of way hereinbefore described, for the widen- ing of State Highway No. 101, a major vehicular traffic artery parallel to line of applicant, which action is now pending. e City of Newport Beach has agreed to permit applicant, upo,- abandonment herein proposed being authorized, to subdivide its property into lots which will conform with adjoining and adjacent properties as to zoning and area. Upon abandonment herein proposed being authorized, applicant will realize in excess of $2,000,000 from the sale of realty underlying portion of the line proposed -to be abandoned In addition, proposed abandonment will produce a tax benefit to applicant from retirement of its facilities which is estimated to be $76,367. In considering the proposed abandonment, afore- said potential financial benefits to applicant far outweigh any possible comparable benefits which might accrue to applicant from continued operation of the portion of line proposed to be abandoned. The costs to applicant for mainten- ance and operation and taxes applicable to said portion of line, plus the costs for handling the traffic on other lines of applicant not to be abandoned, were approximately $12,400 in excess of the operating revenues from such traffic for the two year period 1958 - 1959, and earnings in the several years prior thereto, if any, were nominal. 4 considerable portion of the traffic handled in Year 1959 and first seven months of 1960 consisted of pleasure boats, a type of traffic of which it is considered unlikely that current volume will be maintained for any con- siderable :length of time. No prospective industrial development in the area contiguous to the line can be foreseen, inasmuch as it traverses within the City of Huntington Beach the Huntington Beach State Park area and is Parallel closely by State Highway No. 101, and traverses within the City of Newport Beach a commercial and residential area. 3 - i Answer 1: There are no private industry spur tracks on- (Continued) portion of the line proposed to be abandoned, all traffic being received at or forwarded from public team track of applicant at Netnrpprt Beach non-agency station at the end of the Shippers and receivers of freight sh^uld L disccmmoded to a slight extent only if proposed abandonment is authorized, inasmuch as applicant maintains an Agency station with public team track and house tracts facilities at Huntington Beach, approximately 5.3 miles distant from Newport Beach, at which 4gency station the clerical and related work in connection with Newport Beach non-agency is handled. 4s present traffic at Newport Beach must, for the most part, be trans- loaded into trucks for movement between origin - n or destination and public team track of appli- cant, it is anticipated that the greater pert of the traffic now being handled by applicant will be retpined by applicant and handled at its Huntington Beach 4gency station. Question 2: When, by whom, and for what purpose the line was constructed and its proprietary history. Answer 2: Portion of the line herein proposed to be abandoned was constructed between 1904 and 1906 by the Los Angeles Interurban Railway Company as a single track line, for passenger and freight purposes, and was acruired by applicant on September 1, 1911. Effective July 1, 1950, the necessary authorities having been obtained, passenger operations were permanently discon- tinued. Question 3 : A copy of the applicant's general balance sheet of the latest date available, and a copy of the applicant's income account for each of the last five calendar years, and for that portion of the current year for which the i.nfnrmation is available. Answer 3 : A copy of the applicant' s general balgr-ce sheet as of .August 31, 1960, is attached h-4-eto and marked Exhibit "A"; a co y of the income account of applicant for five years ended December 31, 1959, and for the eight months period ended August 31, 1960, is also attached and marked Exhibit "B" Question 4.: The present state of maintenance of the line. Answer 4: Track is constructed of 75# rail, in poor con- dition. Ties are predominantly redwood, twenty years old and approximately 75% in need of re- newal. Line is constructed on native beach sand. The estimated normal annual maintenance cost for portion of line proposed to be abandoned is 3,000. - However, if it is to be retained in service, there is accumulated deferred. maintenance cost of approximately �s65,000, which amount will have to be expended within the next two to three years to «ing the line to branch line standards. Question 5' The estimated sllvage value of the line, with a general statement of the basis of the esti- mated. Answer 5: The estimated salvage value of the facilities hereon proposed to" be abandoned, based upon removal of open track and removal of track and re.- paving areas in street crossings, and calculated at current market prices for scrap materials, is as follows: Cost to Remove - - - $45;266 Less: Salvage - materials - 34,690 Net Cost to Remove: $10,676 Question 6: The names of all railroads with which the line connects .for interchange of traffic and the points of such interchange. Anstrer 6; The portion of Newport Line of applicant herein proposed to be abandoned does not connect directly with any other railroad for interchange of freight traffic. It does connect with appli- cant's Stanton-Huntington Beach, Santa 4na, and Long Beach Lines the latter originating at applicant's Butte Street Yard, Los Angeles, a principal point of interchange of freight traffic between applicant and Southern Pacific Company's- Union Pacific Railroad Company, and The ltchison, Topeka and Santa Fe Railway Company. Question 7: A brsef description of the present train service on the line and of important changes made in the past five years. _ 5 - Answer 7: Freight service cn portion of the line herein proposed to be abandoned is performed by freight crew of applicant originating and terminating at applicant's Butte Street Yard, Los kngeles, daily except Saturdays, Sundays, and Holidays, operating over portions of applicant' s Long Beach and Santa 4na Lines to Stanton, thence via Stanton-Huntington Beach Line to Huntington Beach, thence via segment of Newport, Line pro- posed to be abandoned to Newport Beach, returning same route. From junction point of Newport and Stanton-Huntington Beach lines at Huntington Beach, service to Seal Beach is also performed by this crew as required. There have been no important changes in freight service in the past five -ears other than the route traversed, which change was effected as a result of the abandonment authorized in Finance Docket No. 19962, as more particularly described in Answer 1. Question 8: The names of all stations on the line, stated in order with milepost numbers, vrith the approxi- mate population of each, and the authority for the information, showing for each place the names of all other railroads by which it is served, or its distance highway from the nearest' other railroad. Distinguish non-agency stations. Answer 8: The only station on portion of the line proposed to be abandoned is Newport Beach, a non-agency station at Mile Post 37.762. The population of Newport Beach, accordin to preliminary 1960 census count, is 25,814. Newport Beach is not served by any other railroad. Its distance by highway from the nearest" other railroad is approximately ten (10) miles, to line of Southern Pacific Company at Santa ulna, California; however, its distance by highway from line of applicant not to be abandoned is approximately 5.3 miles, to Huntington Beach 'agency facilities of applicant. Question 9: The approximate population of the territory served by the line, explaining how the limits of this territory are defined. Answer 9: As freight traffic to and from Newport Beach is entirely received from or destined to points beyond the line, it cannot be considered as serving the population of any specific territory. � 6 _ F7Answer 9• inued) The communities in the immediate vicinity of proposed abandonment are primarily of residential character, with populations, according to nre- liminary 1960 consus count as follows: Seal Beach 6;916 Huntington Beach 11,405 Question 10: ^, detailed statement of the location and nature of the highways available for the movernert of the traffic now handled by the line, and of the common-carrier truck ?nd bus service on such high- ways, if any. lnswer 10: Common-carrier bus and truck service is avail-ble to the Neraport Beach area on Ut?te HighT,*ay No. 101, a heavily travelled principal Forth-South traffic artery which passes through the City of Newport Beach. Question ll:The nature of the industries in the tributary- territory (such as farming, mining, lumbering, manufacturing, etc. ) , how long established, and the extent to which each is dependent upon the line for transportation. State location and other f?cts concerning the most important plants served. knswer 11: There are no large industries in the area served by portion of the line herein proposed to be abandoned. The territory immedi?tely adjoining such portion of line within the City of Newport Beach is residential in character, and the line northerly thereof is bounded by Highway 101 on one side and the Pacific Ocean front on the other, none of which territory is dependent upon the line for transportation Question 12: The passenger traffic handipd on the line in each of the last two calend, years, and for that part of the current year for which the information is avail^ble, giving separately the number of local and connecting nassengers (if the latter designatinn is applicable) and the revenue from each class. Answer 12: The line has been used solely for freight operations since July 1, 1950. I I _ 7 Question 13: The freight tonripge handled by the line for each of the last two calendar years, and for that part of the current year for which the information is available, showing the number of car: .And the tonnage of carload freight, a, classified by principal commodities, and the tonnage of less-than-carload freight. Show in separate statements (a) local freight originated at and destined to points on the line, (b) freight moved between points on the line and paints beyond it, and ( c) freight neither originated at nor destined to points on the line (overhead or bridge traffic) . Answer 13 : Shown below is freight tonnage handled at Newport Beach for the Year 1958, Year 1959, and seven months period ended July 31, 1960: { a) Local frei€ht originated at and destined to points on the line - none. (b) Freight moved between points on the line and points beyond it: 7 Plos.ending Y ,AR 1958 YEkR 1959 July 31,1960 No. Commodities: Cars Tons Cars ions Cars Tons 799 7ffT.& Misc.NOS 8 - 530 _77 571 %4 671 Wallboard 43 1;419 51 1;615 34 1,377 41.1 Lumber 3$ 1,2$2 60 2;3$9 22 860 647 Plaster 18 461 44 1,042 11 270 595 Machinery 5 65 - - 1 50 611 Veh.other than ritr.. 2 2$ 1 17 - - 715 Furniture 2 25 5 54 3 27 607 Ry.Equipment Parts 1 26 -• - - - 5$7 Iron & Steel .Pipe 1 23 - - 2 45 707 Refrigerators 1 11 6 64 10 107 709 Laundry Equi,,)ment 1 11 - - - - 539 Fertilizers - - $ 151 685 Electrical Equipment - - 7 $7 6 71 527 Chemicals, - - 4 161 - - 573 Pig Iron - - 3 172 1 60 339 Asphalt - - 2 60 - - 415 Veneer & Plywood - - 2 32 - - 679 Building Haterials - - 1 15 4 57 589 Tanks - - 1 16 - - 6$7 Furnaces - - 1 12 - 561 Copper,Brass,etc. 1 25 689 Bathroom Fixtures - 1 10 1 10 713 Floor Covering - - 1 12 - - 625 Airplanes & Parts - - 1 5 - - 639 Brick - - 1 25 - - 789 Scrap Iron & Steel - - 1 5$ - - 795 Waste Materials - 1 33 - - 499 Prod.of Forests NOS - - 1 32 - - 675 Insulating Materials - - 1 5 TOTALS: 160 3 ,881 276 6 603 170 __ 3_,_425_ Am Answer 13 : (Conti— nued) ( c) Freight neither originated at nor destined to points on the line: None. Less-than-carload freight traffic to and from p,ints on the line is handled by direct truck pick-up and delivery service, _Question 14: (1) If the line to be abandoned is less than the entire mileage operated by the appli- cant, a statement showing the effect of the proposed abandonment on the net raili,!ay operating income of the applicant. The statement should include for each of the last two calendar years and for that part of the current year for which the infor- mation is available. (a) The applicant's railway operating revenue from traffic handled locally on the line proposed to be abandoned; (b) The applicant's railway operating revenue from traffic originating on or destined to points on the line proposed to be abandoned and also handled on other parts of the applicant' s lines of railroad; (c) An estimate in detail of the total operating revenue that should be assigned to the line proposed to be abandoned and a statement of the reasons for such assignment, (d) The expense of operating the line proposed to be abandoned, stated by primary accounts, actual so far as possible and otherwise approximated, with a full statement of the method used; ( e) Railway tax accruals with method of apportionment; (f) Other items entering into the appli- cant's income account and assignable to the line proposed to be abandoned with methods of assignment, and _g_ Question 14: (g) The costs of moving the traffic on (ContinuedT the line proposed to be abandoned beyond the limits of said line on other parts of the applicant' s lines, with method of determination. Revenues from freight, passenger, and other service should be shown separately. (2) If the applicant's line is operated as part of a system tinder common control and manage- ment, a statement for the same period as required in Paragraph (1) showing the effect of the proposed abandonment on the net railway operating income of the system and the unit members thereof. This statement should show the revenues accruing to the system and its unit members from traffic moving to and from the line proposed to be abandoned and the costs of handling such traffic. The method of determining such. costs also should be shown. Answer 14: (1) (a) to (g) , inclusives Following is a statement showing revenues and expenses and net operating results for portion of line herein proposed to be abandoned, for the Years 1958 and 1959, and for the seven months period ended July 31, 1960.. See Statement - Pages 11 and 12. I -10- PACIFIC ELECTRIC RAILWAY COMPANY PORTION OF NEWPORT LINE BETJEEN HUNTINGTON BE'CH M NE[4TPORT BEACH REVENUES ,EXPENSES. kDTD NET OPERATING RESULTS.Y FRS 195$ 1,ND 1959 kND JANUkRY-JULv, INCL. , 1960 SEVEN MONTHS ELIDED ANSWER- YEAR 195$ YEAR 1959 JULY 31, 1960 14 (1) (a) Railway Operating Revenue - local traffic - - - - - - - - - - - - - - -. $ - - - 14 (1) (b) Railway Operating Revenue - traffic originating on or destined to points on the line proposed to be abandoned and also handled on other Darts of applicant' s line of railroad- - - - - 14,176 26,490 18,276 14. (1) (c) Total Operating Revenues: 14,176 26,490 1$,276 i 14 (1) (d) Operating Expenses: (See Note A) Maint. of Way & Structures 1; ;00 4? 2;000 3,050 Maintenance of Equipment 1;123 1. 122 655 Conducting Transportation 7,244 7,293 4,390 General 479 404 236 _. Total Operating Expenses on the line: 4? 10,346 A 10,$19 $,331 1.4. (1) (e) kailway Tax "kccruals: (See Note B) 8,944 $,763 5,072 14 (1) (f) Other Income Account Items: - - - 14 (1) (g) Copt to move traffic beyond the 1imi;s of the line: (See Note C) 1. Yard costs,bridging and switching 4 -699 l;bl6 ° 964 2. Other costs - - - - - - - ._ _ _ 4. 011 7 $60 4' 5$ TOTAL OPERATING EXPENSES AND TAXES: 24000 29$ 1 ,95 NET OPERATING INCOME 9 $24 2 568 674 (LOSS) (LOSS) (LOSS) f Explanatory Notes. Note A. Maintenance of Way F: Structures, based upon estimated actual out-of-pocket costs for res ective periods. Seven months ended July 31, 196 cost includes approxim?tely •,"2,000 expended for bridge repairs. Maintenance of Equipment, based upon system unit costs per engine-hour for repairs, fuel, -water and other supplies, engine-house expense, net rentals, and miscellpneous mechanical costs for respective periods. T onducting Transportption, based upon train crew wages At overtime rates for hours of operation on the line, and system costs Der hour for rnrdmi-sters and yard clerks and yard supplies Pnd exponses, for respective periods. General, based upon system costs per hour for casualties, and for superintendence, for respective periods. Note B. Includes Railroad Retirement and Unemloyment Insurance taxes on labor, and ad valorem taxes applicable to portion of the line proposed to be abandoned, for respective periods. Note C. Item 1, based upon average system costs per hour for various yard and switching operations, for respective periods. Item 2 includes nllocntion of direct costs for line haul on added traffic basis, and car-mile and. terminal costs based upon system unit costs, for respective periods. -12- Answer 14: ( 2) Applicant is not a part of a system of (Continued) railroad other than Pacific Electric Railway Company system. It is not a part of a group of corporations or other persons, other than that its capital stock is wholly owned by Southern Pacific Company, It is operated as an independent railroad and not as a part of any other system. Question 15: If the volume of freight or passenger traffic of the line has decreased during recent years, any reason therefor. Answer 15: Rail passenger service discontinued July 1, 1950. The volume of freight traffic originating at or destined to Newport Beach, the only (non- agency) station on the portion of the line proposed to be abandoned, for the past six years and for seven months period ended July 31, 1960, was as follows: Period: Cars Tons Revenue Year 19 4 e 3 5�3 00 J 792 -50$ Year 1955 404 12;524 26;174 Year 1956 248 7;119 17;804 Year 1957 249 5.726 22;264 Year 1958 160 3;881 14;176 Year 1959 276 6.603 26- 490 7 months 1960 170 3 ,425 18 2 6 7 Decrease in Year 1958 was due to decreased freight traffic in general. Increase in 1959 over 1958 was due primarily to increased building materials and pleasure boats received. Question 1u: If the line is operated as a joint facility, and abandonment of the applicant's portion only is proposed, state fully the facts as to operation by others and the extent to which it will supply the place of the oper- ation it is proposed to abandon. Answer 16: The line is nit operated as a .joint facility. Question 17: State what effort has been made to dispose of the line so as to insure its continued oper- ation, and what, if any, transportation service will remain or may be substituted for that proposed to be discontinued. -13- Answer 17: No effort has been made to dispose of the portion of the line herein proposed to be abandoned, so as to insure its continued operation, in view of the desires of the City of Newport Beach and the Division of Highways, State of California, that applicant' s railroad facilities be removed, and the related circumstances more particularly described in !Answers 1 and 18. If abandonment herein proposed is authorized, there will remain transportation service by applicant to and from Huntington Beach, approximately 5.3 miles northwesterly from Newport Beach. There are also available to shippers and receivers of freight in the Newport Beach area the facilities of applicant and Southern Pacific Company at Santa Ana, California, approximately ten miles dista-_t from Newport Beach. Question i$: A summary statement of the reasons for the application. Answer 18: It has for several years been the desire of the City of Newport Beach that applicant abandon its railroad facilities within that City. Said City has agreed, upon authorization of abandonment herein proposed, to permit applicant to subdivide its right of way 100 feet in width within the City to conform to adj;ining and adjacent properties as to zoning and area. Highway Department of the State of California desires to acouire for highway purposes the ii right of way of applicant 100 feet in width between Huntington Beach and Santa kna River, in connection with which a condemnation aetiont is now pending. 4pplicant expects to realize in excess of $2,000,000 from the sale of its right of way. Abandonment will produce an estimated tax benefit to applicant of $76,367 from retirement of its facilities. Portion of line proposed to be abandoned serves no industrial trackage, all traffic thereon t being received on or forwarded from public team track of applicant at its Newport Beach non-agency station at end of line. Present i -14- - i Answer 18: shippers anc' receivers should not be affected (Continued) to any mate &1 extent by reason of the pro- posed abandonment in view of the .fact that applicant maintains an Agency station with public team track and house track at Huntington Beach, approximately 5.3 miles distant from Newport Beach. Present traffic is for the most part trans-loaded into trucks at Newport Beach for further movement to or from destination. It is anticipated that applicant will retain and handle at Huntington Beach a large part of the present freight traffic. Aforesaid financial benefits to applicant com- pletely outweigh any potential future earnings from operations over the portion of line proposed to be abandoned. There i -• no potential foreseen for additional freight traffic thereon in the foreseeable future. Proposed abandonment till permit the much- desired development along residential lines of portion of the City of Newport Beach noir traversed by the line, and will expedite plans of the Division of Highways, State of California, to widen State Highway No. 101, a principal vehicular traffic artery which pprallels closely the line of applicant. In view of the facts hereinabove stated, public convenience and necessity will best;, be served by authorizing the abandonment. Respectfully Submitted, PACIFIC ELECTRIC R,ILVTI.Y CD,iPIM By D. R. LEWIS i Vice President and Ceneral Manager. E. D. YE014ANS E. D. Yeomans 570 Paci- ,.c Electric Building Los Angeles 14 Calii'ornia �ttorney for Applicant 4 j. -15- i i bn 1 O A T H STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES) D. R. Lewis makes oath and says that he is the Vice-President and General Manager of the Pacific Electric Railway Company, applicant herein; that he has been authorized by proper corporate action on the part of said applicant to verify and file with the Interstate Commerce Commission the foregoing Return to Questionnaire of sid Commission; that he has carefully examined all of the statements referred to in said return and the exhibits attached thereto and made a part thereof; that he has knowledge of the matters set forth in such return and that all such statements made and the matters set forth therei.,i are true and correct to the best of his knoT,,-ledge, information, and belief. D. R. LE1J IS i I Subscribed and sworn to before me, a Notary Public in and for the State and County above named, this 0i_day of ���de� h�r2 , 196o. ARREEN LOCKE Notary Public —16— EXHIBIT "A" Sheet 1 of PACIFIC ELECTRIC RAILWAY COMPALY 4 sheets GENERAL BALANCE SHEET AS OF AUGUST 31, 1960 ASSErS I.C.C. Balance at Acet. Close of No. Month CURRENT ASSETS 701 Cash $117 818 703 Special deposits 1 773 939 g 706 Net balance receivable from Agents and Conductors 613 791 707 Miscellaneous Accounts Receivable 773 809 708 Interest and Dividends Receivable 33 185 709 Accrued Accounts Receivable 457 787 710 Working Fund Advances 3 575 711 Prepayments 54 855 712 Material and Supplies 29 514 713 Other Current Assets 3 432 Total Current Assete 3 861 705 SPECIAL FUNDS 717 Insurance and Other Funds 6 900 Total Special Funds 6 900 E�RWTMUTS 721 Investments in Affiliated Companies 12 000 722 other Investments 981 836 Total Investments 993 836 PROPERTIES 731 Road and Equipment Property 49 648 662 732 Improvements on Leased Property 600 913 734 Donations and Grants - Cr. (2 377 543) Total Transportation Property 47 872 032 735 Accrued Depreciation: - Road and Equipment (Ap 473 395) s 736 Amortization of Defense Projects _ Road and Equipment (418 589) Total Depreciation and Amortization _ (4 891 984) Total. Transportation Property less Recorded Depreciation and Amortization 042 980 048 ( ) - Indicates red Figure. EXHIBIT "A" Sheet 2 of PACIFIC ELECTRIC RAILWAY COMPANY 4 sheets GM1ERAL BALANCE SHEK AS OF AUGUST 31, 1960 ASSETS (CO2JTIIJ'URD) I.C.C. Balance at Ac":t. Close of Duo. Month PROPERTIES (CONTINUED) 737 Miscellaneous Physical Property $12 098 593 738 Accrued Depreciation - Miscellaneous Physical Property (161 201) Miscellaneous Physical Property less Recorded Depreciation 11 937 392 Total Properties less Recorded Depreciation and Amortization 54 917 440 OTHER ASSETS AND DEFERRED CHARGES 741 Other Assets 169 653 743 Other Deferred Charges 2 306 798 Total Other Assets and Deferred Charges' 2 476 451 TOTAL ASSETS 62 256 332 { LIABILITIESS AND SHAREHOLDERS' EQUITY CURRENT LIABILITIES 752 Traffic and Car Service Balances - Cr. 1 612 910 753 Audited Accounts and Wages Payable 379 834 754 Miscellaneous Accounts Payable 154 096 755 Interest Matured Unpaid 208 245 759 Accrue,l Accounts Payable 859 23.7 76Z Other Taxes Accrued 302 920 763 Other Current Liabil-ties 356 478 Total Current Liabilities $3 873 700 ( ) - Indicates red figure. s . 4 sok MIBIT 1°All Sheet 3 of PACIFIC ELECTRIC RAILWAY COMPANY 4 sheets GENERAL BALANCE SHEET AS OF AUGUST 31, 1960 LIABILITIES AND SHAREHOLDERS' EQUITY (CONTINUED) I.C.C. Balance at Acct. Close of No. Month LONG-TERM DEBT 769 Amounts Payable to Affiliated Companies 073 966 945 Total Long-Term Debt 073 966 945 RESERVES 774 Casualty and Other Reserves 610 422 Total Reserves 610 422 OTHER LIABILITIES AND DEFERRED CREDITS 782 Other Liabilities 129 910 784 Other Deferred Credits 3 877 329 785 Accrued Depreciation d Leased Property 71 670 Total Other Liao-0.ities and Deferred Credits 4 07 SHAREHOLDERS Pa TY I Capital Stock Issued 34 000 000 793 Discount on Capital Stock (6 350 500) Total Capital Stock 27 649 500 CAPITAL SURPLUS 796 Other Capital Surplus 2 170 045 x Total Capital Surplus $2 170 OL45 1 ( ) - Indicates red figure. i g EXHIBIT "A" Sheet 4 of PACIFIC ELECTRIC RAILWAY COWANY 4 sheets GENERAL BALANCE SHEET AS OF AUGUST 31, 1960 LIABILITIES AND SHAREHOLDERS' EQUITY (CONTINUED) I.C.C. Balance at Acct. Close of No. Month RETAINED INCOIZE 798 Retained Income - Unappropriated (50 093 189) Total Retained Income (50 093 189) Total Shareholders' Equity (20 273 644) TOTAL LIABILITIES AND SHAREHOLDERS° DQUITY 662 256 332 y ( ) - Indicates red figure. i, :l �f J, �t O - PAC- INC0ME tCCOUNT AND PROFIT AND ;LOS EIGHT MONTHS PER Electric Railways I.C.C. INCOME ACCOUNTS Acct.No, - I. OPERATING INCOME 201 Railway Operating Revenues 213 Railway Operating Expenses Net Revenue - Railway Operations 215 Taxes Assignable to Transportation Operations'. Operating Income II. NONOPERATING INCOME 203 Income from Lease of Road 204 Miscellaneous Rent Income 205 Net Income from Miscellaneous Physical Proper 206 Dividend Income 207 Income from Funded Securities 208 Income from Unfunded Securities and Accounts' 212 Miscellaneous Income Total Nonoperating Income Gross Income III. DEDUCTIONS FROM GROSS INCOME 216 Rent for Leaved Roads 217 Miscellaneous Rents 221 Interest on Unfunded Debt 225 Miscellaneous Debits Total Deductions from Gross Income - Balance of Income Transferred to Profit. and',L PROFIT AND LOSS ACCOUN.�S I. CREDITS 302 Credit Balance Transferred from Income Accoun 306 Miscellaneous Credits Balance carried forward to Balance Sheet Total II. DEBITS 307 Debit Balance December 31st 317 Miscellaneous Debits Total ( ) - Represents Loss. al MMEDMMMRI� ills now, as EXH 1: t PACIFIC ELECTRIC RAILWAY COMPANY Sheet 1 of. ?RDFIT AND LOSS AGCOIIIIT FOR '?EASS 1955-1959,4 INCLUSIVE, AND 3 sheets HT MONTHS PERIOD END.NG AUGUST 91 . 960 4 Year T-ar Year q r iTS 1955 1956 1957 OME 2.80 581 / r 815 608 636 �7..5 81 88 3 � � 456 13 241 303 13 854 836 13 607 219 erations 2 367 333 1 425 745 1 078 237 on Operations 1 152 258 1 256 328 1 266 601 1 215 075 169 417 ( 188 364) yINCOME, 3 914 392 386 513 399 616 734 774 843 sical Property 293 961 252 801 89 503 320 000 700 000 5, 129 814 187 749 201 971 and Accounts 6 013 9 457 11 839,.< 76 369 88 888 121 101 e: 1 343 470 1 856 021 1 949 648 $2 558 545 �$2 025 438 $1 761 ,284 ' INCOME 29 969 29 ,363 26 081 3 654 2 952 2 862 I S34 652 5 100 ? 948 510 Income 35 504 33 915 34 553 p, Prbfit and Loss 2 523 041 1 991 523 1 726 731 UNPS Income Accounts 2 523 041 1 991 523 1 726 731 167 389 1 012 626 1 955 801 oe Sheet 57 001 826 56 634 843 53 507 957 59 692 256 59 638 992 57 190.489 57 138 415 57 001 820' 6 56 34 843 2 553 841 2 637 166 -555 646 $59 692 256 $59 638 992 $57 190 489 a i � PACIFIC' '" INCOME ACCOUNT AND PROFIT AND Lp i EIGHT MONTHS PSftI` Railroad r: Companies I.C.C. Acct. No. I. OPERATING INCOME IIY I°? 501 Railway Operating Revenues 531 Railway Operating Expenses AE Net Revenue from Railway Operations; 532 Railway Tax Accruals Railway Operating Income 504 Rent from Locomotives 507 Rent from York Equipment 508 Joint Facility Rent Income Total Rent Income 536 Hire of Freight Cars — Debit Balance 537 Rent for Locomotives 538 Rent for Passenger Train Cars 540 Rent for Work Equipment 541 Joint Facility Rents Total Rents Payable I Net Rents Net Railway Operating Income II. OTHER INCOME 509 Income from Lpase of Road and Equipment 510 Miscellaneous Rent Income 511 Income from Nonoperating Property 513 Dividend Income 514 Interest Income 516 Income from Sink: ng and Other 'Reserve Funds 519 Miscellaneous Income Total Other Income Total Income III. MISCELLANEOUS DEDUCTIONS FROM ING 543 Miscellaneous Rents 5" Miscellaneous Tax Accruals 551 Miscellaneous Income Charges Total Mxsaell.aneous Deductions Income Available for Fixed Ch 1V. FIXED CHARGES 542 Rent for Leased Roads and Equipment 547 Interest on Unfunded Debt Total Fixed Charges Income after Fixed. Charges 602 Balance of Income Transferred to Rebained I 'Def) -- Indicates deficit. ACIFIC ELEGTRIG RAIL IAY COMPANY E ., .,T "B" AND�LOSS ACCOUNT FOR YEARS 1955�1959,_ INCLUSIVE ARID Sheet 2 of THS PERIOD ENDING AUGUST 31 1.960 3 sheets Eight Months Year Year Ended 1958 1959 August 31, 1960 $12 841 218 $13 835 601 9 066 969 10 316 274 10 894 499 6 983 046 rations 2 524 944 2 941 102 2 083 923 —L-3iL 01.7 1 666 704 1 135 260 1 172 897 1 274 398 9,48 663 12 369 12 124 9 591 11 296 3 969 1 289 215 882 208 528 137 148 239 547 224. 621 148 028 1 3 1 196 761 62 070 1 151 431 9 195 794 230 750 140 449 42 32 51 2 254 968 279 828 228 839 1 647 565 _ 1 872 680 1 520 772 5 (Def) 1 408 018 (Def) 1 648 059 (Def) 1 372 744 Income (Def) 235 121 (Def) $ 373 661 (Def) 424 081 II j,I ent 66 30 _ 278 310 377 410 332 888 1 624 802 1 401 287 881 384 18 18 14 85 495 63 602 41 939 e Funds _ 75 145 _ 923 530 884 344 473 921 2 912 221 2 726 766 1 730 .291_ i 2 677 100 2 353 105 1 3U6 210 ROM INCOME 138 3 858 2 660 '{ 414 204 350 534 266 845 117 678 64 118 65 429 ns 532 020 418 510 334 934 fixed Charges 2 1.4.5 080 `1 934 595 971 276 Y 26 118 23 21.7 3 385 1.5 1i6 29 -41. 234 23 2,146 3 385 ages _2 103 846 1 911 349 967 891 ained Income 2 103 846 $ 1 911 349 967 891. { PACIFIC ELECTRIC INCOME ACCOUNT AND PROFIT AND LOSS ACCO EIGHT MONTHS PERIOD Railroad Comp ies I.C.C. Acct. No. INCOME ACCOUNTS - CONTINUED PMAINEL INCOME ACCOUNT y,:s I. CREDITS 602 Credit Balance Transferred from Income Accounts 603 Profit from Sale of Property 606 Other Credits to Retained Income Balance Carried Forward to Balance Sheet Total II. DEBITS 611 Debit Balance December 31st 613 Loss on Sale or Retirement of Property Total Ra my, s an; EXHIBIT "B" '.TRIG RAILWAY COMPANY Sheet 3 of CCOUNT FOR YEARS 19 -1 INCLUSIVE AND 3 sheets OD ENDING AUGUST_ 31, 1960 I i i Eight Months Year Year Ended 1958 1959 August 31, 1960 I 2 103 846 1 911 349 967 891 - P7.6 639 - - 119 882 - 52 121 749 51 025 685 50 093 ;..,7 $54 225 595 053 273 555 $51 061 080 $53 507 957 $52 121 749 $51 025 685 717 638 1 151 806 35 395 $54 225 595 $53 273 555 $51 061 080 I, the undersigned, R. C. HOLLINGER, Auditor of Pacific Electric Railway Company, do hereby certify that the foregoing Income Account Profit and Loss and Retained Income Statement has been prepared under my direction. that I have carefully examined the same and declare the same to be complete and correct to the best of my knowledge, information and belief. R. C. 4l tLL t4p:`t4 Auditor BEFORE THE INTERSTATE COME+ZERCE COMMISSION Finance Docket No. In the matter of the zpplication•of PACIFIC ELECTRIC RAILW AY COMPUY, a cor oration,under paragraphs(18) to (21 ,inclusive, of Section l of the w. Interstate Commerce Act, fora. certificate of public convenience and necessity authorizing the abandonment of a portion of line between Huntington each and Newport Beach,in the County of Orange, State of California, A P P L I C A T I O N E. D. YEOMNS 670 Pacific Electric Building Los Angeles 14, Calif-)rnia Attorney for Applicant cassrAM BEFORE THE INTERSTATE CO14,1ERCE COMISSION Finance Docket No. 1} In the matter of the Application-of PACIFIC ELECTRIC RAILWAY COMPANY, a cop oration,under paragraphs(18) to ( 21�,inclusive, of Section 1 of the Interstate Commerce Act, for a certificate of public convenience and necessity authorizing the abandonment of a portion of ling: between Huntington Beach and Newport Beach,in the County of Orange, State of California. A P P L I C A T I O N Y E. D. YE01MWS 670 Pacific Electric Building L•os Angv-Les 14, California Attorney for Applicant t4 Y 8 y fi S r f. 1 f BEFORE THE INTERSTATE COBMRCE C01"IMISSION E In the matter of the Application• of ) PACIFIC ELECTRIC RAILWAY COMPANY. a ) cor oration, under paragraphs (18) ) to 21) ,inclusive, of Section 1 of ) FINANCE the Interstate Commerce kct, for a ) DOCKET certificate of public convenience ) and necessity authorizing the ) No. abandonment of a portion of line ) between Huntington Beach and } Newport Beach, in the County of ) Orange, State of California ) A P P L I C t T I 0 N TO THE H'?NORI.BLE, THE INTERSTATE COTff,,ERCE COMISSION: Your Applicant, P^CIFIC ELECTRIC R^ILII`�.�' CO..P'NY, respectfully shows: (a) The exact corporate name of applicant is Pacific Electric Railway Company, (b) That your applicant, Pacific Electric Railway Company, is a carrier by railroad subject to the Interstate Commerce Act. ( c) The portion of lira: proposed to be abandonGd is located in the County of Orange, State of California, and the route and termini of such portion of line, with its total lei_gth in miles, is as follows: Commencing at point of switch to Stanton- Hun'cington Beach line at Milo Post 32.544; thence single track on private right of way and across intersecting streets to end of the line at Pile Post 37.762, Newport Beach; together with appurtenances; a total length or 5.218 miles in the Cities of Hunt- ington Beach Rnd Newport Beach, County of Orange, State of California. _ l _ (d) Applicant .asks for authority to abandon the operation of said portion of the line and also to abandon said portion of the line itself. (e) The reasons why the abandonment should be permitted are as follows: City of Newport Be-:h has for several years been desirous of securing the removal of applicant' s railroad facilities within that City. Division of Highways of the State of California desires tc acc.uire the right of way of applicant between Huntington Beach and Santa Ana River for the purpose of widening ,-)tate Highway No. 101, a major vehicular traffic artery. The portion of line proposed to be abandoned serves ao industrial trackage, all traffic being handled on public team track of applicant at its Newport Beach non.-agency station at the end of the line. Upon abandon- ment, shippers and -receivers will have available to them adequate facilities of applicant at Huntington Beach, an Agency station with public team track and house track., approximately 5.3 miles distant from Newport Beach. ^s present traffic must, for the most part, be .rais- loaded into trucks at Newport Beach, the only adverse effect upon shippers and receivers will be the small amount of additicnal truck mileage involved to and from Huntington Be,-,ch. It is anticipated that for the most part, the traffic now handled by applicant will be .. 2 .. ri ,E retained and handled at Huntington Beach lgency. It is contemplated that upon abandonment, applicant will in due course realize in exegss of $2,000,000 from sale of its right of way 100 feet in width underlying the portion of line proposed to be abandoned. Operations of applicant to handle the freight traffic originating and terminating on portion of the line proposed to be abandoned are being conducted at a net .loss, and future potential for additional industrial development in the area cannGc be foreseen, as the line traverses an area occupied by the Huntington Beach. State Park between Huntington Beach and Newport Beach, and in Newport Beach a commercial and residential district. Accordingly, aforesaid financial benefits to applicant from contemplated sales of property completely outweigh, in the opinion of applicant, any similar bene- fits f.'roin continued operation of the line in the foresee- able future. Propcsed abandonment will produce a tax benefit to applicant from retirement of facilities estimated to be $76,367. (f) Correspondence in regard to this appli- cation should be addresEed to: E. D. Yeomans General !attorney Pacific Electric Railway Company 670 Pacific Electric Building Los ".ngeles 14, California t - 3 - (g) That Pacific Electric Railway Company is a corporation, incorporated under the laws of the State of California. (h) That the making and filing of this appli- cation has been aut,.orized by resolution of the Board of Directors of applicant Pacific Electric Railway Company at a meeting held at the office of said Company on. June 17, 1959. (i) Not applicable, ( j) Attached hereto and marked C .E.H. 22659 is a map showing the portion of line of applicant proposed to be abandoned. ,4HEREFORE, your applicant prays that your Honorable Commission issue its certificate of public convenience and necessity, under paragraphs (18) to ( 21) , inclusive, of Section 1 of the Interstate Commerce Act, authorizing the abandonment of the portion of line of railroad hereinabove described, and the operation thereof. Respectfully submitted, y PACIFIC ELECTRIC RAILWAY COMP^NY By D, R. LEWIS E. D. YEOivZANS Vice President and General Manager E. D. Yeomans 670 Pacific Electric Building Los Angeles 14, California Attorney for applicant _ 4 _ STf,TE OF C?iLIFORNIrt ) SS. COUNTY OF LOS ,NGELES) D.R.LEVIIS, being duly sworn, deposes €-nd says That he is an executive officer, to wit, Vice President and General Manager of Pacific Electric Railway Company, applicant in the above-entitled proceeding; that he has been duly authorized by prover corporate action on the part of applicant Pacific Electric Railway Company to verify and file the foregoing application; that he has read said application and knows the contents thereof, and that the same is true of his own knowledge. D. R. LEWIS Subscribed and sword to before me this 36 day of )1960. ARREEN LOCKE (seal) Notary Public in and for the County of Los Angeles, State of California. x s • T 3 y 2 1 _ �'��� � 3ALTADCM4 � a`� � E� 2659 .� i-!~(•!' / q .,�� ��� �'��� ie �pS 4� � V�je J 6(Y{ 5`. e�Y �� •Pr��/'l♦J wTpx. �' 4 Q ya} C�r�' O � �dJ' i KL It ;-'„"^ .~` •�,�'" •4.j a$ �,L .�kt�t.3�,_ �• i ' •Y � rwa6 (' ri @ r yt� \.�w•tau. h ¢ ' "••ore i �� �,t• °.!.r.4r�k4��k�_t+r�C.�yc r 'T�i.q7� .��'�--- f � /'.J � 1� \ f —•�• t.. 44 y.'+`.:C'3•..•_� ♦,a* "T. !� {8 #` WMTTO@ / 1 •"Y.0 ! rytirv.1►.�. �w � r+ IT Ar �I F '/°�' .t✓.Y M,.V rrr..i....J.e r•+' yet � Fa { .�'"� �r`' �� ' r�'4.\. •\ ..,xs: 1 �� r o` � � ��1:. �•, � s.e.., �w•'�+' `1 t LC NmrF.r,d 16, -ca.c- ice•. { ^OdPJ,.�` `+.,�.,,n�.,, r..'O"A \• G` �� ✓, t � CA IN ltrLG fiJ✓' a kpR�.ifK'.t � •z.ew. .ex zn.••ex ., rr �'*� "�f'.Y ems. \ - •e+...�-w_s�. �' v... •.. /'• i 4 `A;•�: a de = x s s. • e • w mow ac.c, +++..i.L.♦ Wes• 9 CAST {}1Q17G5 lAl: ; A<M•npen r cac<Y '.�,� • f tj J >`A � yRA AStAn�a.n.•• L �: .rg r.�• CAL BEACH P. E. Ry. Co.Tracks (PE.Py.Co.Operating 12i9nt5 Tracks Proposad 'Tc 3S Abandoned e� oft�' PACIFIC ELECTRIC RY.CO. oFFice of EN_GiNeER MlAINTENAHCE AND CONSTPUGT(CdJ UnrE Newport Beach N�n•f•�n a acF, to Newport Beacn moPoseo�. "' an bfx �:• ,�¢ � T\ � ��'� ANN�4kLMM"•r�s ! � P1DOINI+PieidT OF TRACKS 91 SCALE (� 'FjZxMi�es K DATE 11 -3 - ,t 0 i OFFICIALS t INGTQy JOHN L. HENRICKSEN �pFORA17. �( lJ CLERK. ADMINISTRATIVE OFFICER �/ j�� ^,�jO JAMES R.WHEELER C I T Y Q F UJZ /UV"/L �'Q/Vf l� ENGINEER ✓J - m GHARLES A.BAUER C:3 �f:'r CfTC(i.r. Q .__ -__ -__._----_____61-....-....----....___..-_--____--_._ ATTORNEY DELBERT G. HIGGINS FIRE CHIEF CLINTON H. WRIGHT C ��•, POLICE CHIEF v V U n BRANDER D. CASTLE PM CHASING AGENT 3 March 1960 f WILLIAM M.CLEGG -/T TREASURER COUNCILMEN NORMAN F. WELLS EARL T. IRBY, MAYOR rr}}'' s BUILDING DIRECTOR ROY D, BRYANT ROBERT M. LAMBERT MAR QQ»» CLIFFORD E.TRIPP VICTOR TERRY MAR 4 1960 PLANNING DIRECTOR NOBLE J.WAITE lr Cify U�Hnniingim Beach rw CITY CLERK HONORABLE KAYOR AND CITY COUNCILMEN; Gentlemen: As a follow up to the information given you last night, I am enclosing a copy of a letter received from the Pacific Electric Railway Company this morning. Enclosed herewith is a rough draft of a proposed agreement between the City and Pacific Electric. There will undoubtedly be some minor changes in the agreement but, in general substance, it is in line with what has been previously discussed with them. It would be appreciated if you could review this matter and arrive at some decision in the meeting Monday night, March nth, 196o. Yours very truly, A. BA , City .Attorney CAB h Er:cl. 8.0810 PACIFIC ELECTRIC RAILWAY COMPANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET LOS ANGELES 14, CALIFORNIA PHONE MAWSON 4-6161 IN REPLY PLEAAE REFER TO E. D. YEOMANS O ENERAL ATTORNEY JOHN J. QORRIGAN T (� JOHN H. GORDON File:: 16129 JAMES W. O'BRIEN WALT A. STEIGER WILLIAM E. STILL PTTORNEYB march 2,1960 Air. C.A.Bauer City Attorney guntInp ton '3each California Re: People vs. "acific Electric "ailway Company, et al - Or:an ,e Connty Superior Court ,,To. P8603 Dear Mr. Bauer: Confirming; discussion at our meeting on March 2, 1960, I will recommend to Pacific Electric Railway Company management an atgreeraant with the City of HuntinUton ;leach o1i the same basis as set forth in the draft sent to you nn Decembar L., 1).150, omitting Paragrnnh 7 thereof, ',aving to do vith the agreed upon value or the right of way and the division thereof and expenses incident thoi,eto. If this meets w ttl tInk, a_q roval of the City of jiuntington Beach I will request the necessary authority for such an agreement and will submit a draft for your consideration and execution by the parties . Yours very truly, MIN r ' COPY OF ROUGH DRAFT A G R E E M E N T THIS AGREEMENT, entered into this _ day of 1959, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation, hereinafter referred to as "City" and PACIFIC ELECTRIC RAILWAY COiv�PANY, a Corporation, hereinafter referred to as "Railway". WITNESSETH RECITALS (a) City and Railway each claim to own the fes title to the certain property in the County of Orange, California, shown in red and yellow on Nap CIxH 22459 attached hs. 2eto. (b) There is pending a condemnation suit in the Sup- erior Court of Orange County, being Case No. 68603, entitled, The People of the State of California vs. Pacific Electric Railway Company, et al, in which a portion of said property is being condemned by the State of California, (c) City desires to secure the abandonment of the rail facilities of Railway on the property in question.. (d) It is the desire of the parties hereto effect a settlement of the rights in the property referred to from and after the date of this agreement. NOW, THEREFORE, IT IS AGREED: 1. Railway shall own as tenants in common with City t said land shown in red and yellow on Nap CEH 22459 attached hereto, Railway to own a one-half (1/2) interest therein, and the City to own a one-half (1/2) interest therein, subject to the other provisions contained in this agreement. 1. �rr . 24 Railway retains a railroad easem3 nt ever the sixty (60) foot width of said land shown in yellow on Map CEH 22459 attached hereto, which is not included in the condemnation action filed by The People of the ". - .e of California vs. Pacific Electric Railway Company, -0. ' ,, being Orange County Superior Covet No. 68603. 3. The parties hereto will divide equally all income received from said property showxz in red on Map CEH 22459 at- tached hereto after deducting therefrom the necessary costs in- curred for the production of such income and excluding there- from income from railroad operations. The term "Incoma'l as contemplated by t!�iis agreement shall be defined as constituting all moneys, rents, issues or profits derived in any :,ay or man- ner whatsoever, from said property, from and after the date of this agreement, whether by or as a result of oil, or other lease or development, sale, or decree of court in any condemnation action, save only revenue derived from or in connection with railroad operation upon said property, or moneys paid incident to award which may be made in any condemnation action for re-- construction or relocation of railroad facilities, which revenue derived from said railroad operation and moneys paid incident to such award for reconstruction or relocation of railroad facil- ities shall vest in railway. Without limiting the foregoing definition, the term "income" as used in this agreement shall specifically include revenue from said property from oil produc- tion directly from the property, slant :sole drilling through or under it, and drilling for production under the ocean opposite said property, and awards in said condemnation suit, including severance damages, Said property is subject to the following outstanding agreements. 2. (a) Oil and Gas Lease dated March 1,1952,between Railway as Lessor azd Seaboard Oil Company as Lessee covering the right of tray between Engineers Station. 1770.t00 and Engineer's Station 1853143,4, an undivid- ed one-half interest in that portion between Engineer's Station 177400 and the center line of Newland Street which was assigned to Bandini Petroleum Company July 8,1955. (b) Slant Well Agreement rated March 1 1952) between Railway as Permittor and Seaboard Oil Company as Permittee, covering the right of way between Engineer's Station 1770,000 anal Engineer's Station 185344-3.4 an undivided once-half interest in that portion d the right of i.tay between Engineer's Station 1770400 and the center "line of Newland Street which was assigned to Ban.diizi Petroleum Company July 8, 1955 (c) Partial Termination, Partial Assignment and First Amendment to the Slant Well Agreement referr- ed to in (b) above dated September 1,1955, whereby said agreement is terminated insofar as the right of :ray between Engineer' s Station 1853443.4 and Engineer's Station 1807449- R is concerned, assigned insofar as the right of way between Engineer's Station 1770400 and Engineer's Station 1807449.8 is concerned to Monterey Oil Coripany as to one-third of a one-half interest and to Humble Oil & Refining Company as to one-third of a one-half interest, and amended to change the rental provision:. 4. The parties agree to make no claim for income which either has received from said land shown in red and yellow on Map CEH 22459 attached hereto prior to the date of this agree- ment, 5. Upon the execution of this agreement, Railway shall file with the requisite public bodies having jurisdiction, at its sole cost and expense, an application for the abandonment of Railwayts Neirport Line between Second Street in the City of Huntington Beach and the end of the line at Newport Beach, and to diligently prosecute the same to conclusion. 6. Railway and City will each bear one-half of the cost of defending any condemnation suit with respect to the property herein referred to, it being understood that these costs exclude appearance fees and attorney' s fees of the re- spective parties, provided that no substantial expense shall t be incurred without concurrence of the cther party. Railway 3. , has advanced heretofoza certain costs of defending such condem.. nation suits with respect to the property herein referred to, other than appearance fees and attorney's fees on behalf of City, and Railway will continue to advance such costs as may to the respective parties seem necessary and advisable in the defense of any condemnation actions, and, as to the one-half �f thereof for which City is responsible, there zha7l be deducted I from the share of City in any award in .said condemnation suit, or from the share of City in any other revenue hereunder, an amount equal to one-half of said costs payable by City to Rail- way hereunder, such amount or amounts so deducted to be paid to Railway in satisfaction of liability of City for one-half of said costs as aforesaid, I I I i 4, _ e m a 6•S9 S-35IO PACIFIC ELECTRIC RAILWAY COMPANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET LOS ANGELES 14, CALIFORNIA PHONE MADISON 4-6161 IN REPLY PLEASE REFER TO E. D. YEOMANS G ENERAL ATTORNEY JOH1v J. CORRIGAN File: 16129 JOHN H. GORDON JAMES W. O'BRIEN WALT A. STEIGER WILLIAM E. STILL 'F ATTORNEYS June 2, 1960 Mr. C.A. Bauer City Attorney Huntington Beach, Calif. In re: People of the State of California vs. Pacific Electric Rai-Uiay Company, et al - Orange County Superior Court No. 68603 Dear Mr. Bauer: Pursuant to our discussion on the telepizone, enclosed herewith are three copies of Drawing CEH 22459. These are the only copies that I had on my filer but I am i requesting additional copies and will send them to you when received. Pacific Electric Railway Company has received its authority to enter into the agreement heretofore sub- witted to you and is prepared to complete the agree- ment whenever the City is ready to do so. The only expense incurred to date is the sum of $3,650 for appraisers. It will be satisfactory to Pacific Electric Railway Company to prorate these expenses, and any other expenses incurred, in proportion to the value determined either by settlement or in the condemnation proceedings as to all these expenses. Under the prior a suggested division the City's share of the �'3,650 was $596.50, Yours very truly, 4 EDY:FWH ENCL. 1 GEORGE C HAD-MY R. B, FEGR.AM, YON 3540 Wilshire Boulevard _ rriy--�5-0431 �L t .44 7 : 'd TH2 S }ROP +f;tll} f CST` )s.i <.. �: :;._ �r.yy'//yy�t$F, 'T :P� ? COU,�,'f` 7 10 11 Tl- IS �T 12 i acting ';s 3.3,10 13- of Public 15 16 . DAISY r,S r;IY t s.�t)Tt S J '�! "T 0 �f 17 18 19 20 `1Tr 1'TMPLT' OF P'T ST tT- Of GREIqTXNG5 TO: 21 22 DAISY IrNORP], x X41, also 11-nown t�.s 7 tC�731,,r �.�/'C��LEY Fi1,'T{)TRPE, A,� C�,�/}{� 23 -RHOR E, W. H. :'�OL U•+hf, F. Al .S��a�R3i�s2y P. M. }'7i .F.:`VUI, UN3:TEj--, V0,TDOOR 24 ADPErRTISD IM CODD.`'ANY, V 3S PLAN i 019-P OOR ADVERTISING, WT" 1d LMID 25 COMPAMIr, JOHN SCHTIPTACHFR au Trustac, x CBEs T S. rMOMPSON a: Trustee, 26 Hx;1HATD, SINWAIR, H. JACK f3tll'd IAx J. A. 14C NE1:T, COITFAIN MC., a 27 corporation, CI'_� OF HnCTING`J'OV MICH, a monic:l.pal corporatlon, 28 CG1UNIPI OF ORAME, a bodzr politic ana corporate, DOE ONE to DOE 29 1210ENTY, De.= endants. 30 31 II 'T?ta A?3: ZIE_}�. L� �E .��EL? TO L'��,_: �x a special z.e4o.oe a Liz, EST.24.0 S,s-c3 mm saa f tl 1 entitled as above brought � ainst you in the Supe-vior Court of 2 the State of California, it :zed f`o.- the Coun.�N• of Orange, and 3 answer the complaint here-in within ten days after- service on 4 you of Vais slaa ons if sem-ed within said county, or within 5 t?jjrty days if served elsewhere. r' 6 &dd r-oceedinLf is or-oU iaic to condehm for State highway 7 purposes the PollowinG deacribec_ real property zituateda. '.ying 8 c'anC! C?L"'intr in the County of O?:'am::Te, State `cis 000.«.iornla, to-wit: i 10 s 11 12 13 i 14 15 16 � o 17 18 19 20 21 22 l 23 ' 24 25 26 27 28 29 30 31 ♦T69 12 se 92K fr . f 1 P&RC21 1 , For frcc,.,!ny tho3e partions w? 'Clic, Southeast 3 quarter and cif Vie SoctZI half Of the Nlovthcaz��., qvart f 4 6ection V1, T II in tllo Rancto la:3 Bolsas. Ir 5 the City cf l3eac", of as shcl-vn 01-4 6 a int"P nacord'od ll.t. nf micccl., =,-�ou� ; Na-,"S 7 in the of 4.f saelcl 8 9 ;.;ali(� 10 0 41 itc 12 13 7" 15 16 40.00 17 AV nv 18 60 l*,�-,el "Ic 19 20 by 21 22 23 llllt� arld it;-, 24 ..in,-. rX t J 25 r, 26 a�r 27 —ILI 28 29 FG at I 30 thO, St-AA-10. Cal-3-1-Cor-n-la- by ( ncd pal-o, 31 353 of sai6 OAS 1 ALSO 3-,"CEPTING tuerof rc.m 2 -InIc-31zidod in tj:a lands 6esci'lbad trio 6e,,?d's recorded In Boo>� 3 p a�-,i 1100 anid l3oc,It a 4- •�O o-f said Gff I(.,!a I 17_n deed recorded in 05), p& e 113 of vaid Deeas. 4 and -1 - - 5 AL,K LX(,"EPlll includeu 6 tag.to—Lan of s i i i n e r a s 7 ALSO 8 ralner-al aild ot*--!l 10 vrpper 100 fc.-.G cl, n'� Iel?r.LA 12 f J. 13 --r- tj��C: tc) 15 than tL'os'e 3 w, 16 k; s, a I ;-,C c fj i e 1 ai 17 13 lei '::Id t�t uridcr and yy 19 20 anfi +,,-ocrate any �4i Se 21 22 e,;Y,love a 16 c-p-r-zn b, I-, 23 o a 25 26 Id f" 1 tr i:,:i Vi.l 4; 27 u tz,,�Ie re C .?o v.1 !Z, t.,i�: 1 71 a ds '28 ohall i-lave access to a cjfiva ,�,� x,!Daci r.-e abevc L 29 described cowruez iiavlTv- -1--n C,2 50 )25. J6 f eet, and 40.00 lleo t 31 Con talni it ;, o-- EST.SD12 MM SPO 1 PARCEL 2 3ems. R, J.L t I 4: tile Rancho Las Eolsaz.. iii -Y 0 a Map Zlecorded ,',-n lioo& �1. pp— Ili us JAI S1.1 U , 6 t;jc- cfricc, o;tit fl -u l-y 7 azs� 8 at "AII! --n 9 Brouvi�urot. st t 10 leed to 12 Je 13 [,A i 14 15 f 16 . ..... 17 18 4',,')e�'A' -rc 1. 19 20 22 23 24 mid 25 26 27 T,X`11"�1 28 29 r0l �-M`A,� r�-Jb 30 inc c a 112.4 SPO 1 describcO parcel c,-T land; 2 nortiioasterly lin.u� t,,) 3 of land floscrf.bed in f,vact'. 4 said Crri!�Ial 5 f1 ,30 qll oll oll vl�rhtz, 6 min-orvJ. L)tl-e-j7. 7 (.arbomj y 8 loo foot of t➢ia "ayla, 9 10 exolcrin- en_ 12 t o c 13 A 14 or 'CO",%� b 15a u 16 17 18 19 J. 20 21 w 22 23 24 25 26 27 28 29 30 31 11-102M BPO PARCE!'j 2 -For f reewal.,i puz-o.r.-lets r-,.at portion ol' -c 10'- 19, 3 T. "-)' S,, R. 10 1.-1. , it D-wncl.lr) Las Rol as, in the Cclvi' y 4 of Graxn,�c, as shov,m on a m-ap recorde%l in Book 51, Oaf-.,,e 14 Of 5 Mice-ellanomi in til-I Office ol�` the Cu'Unt-Y Rc-ccxdez- o'--' 6 sa.id J,Jsc—,J-b,-d CO A. 7fit; elt 8 9 -'euc;, to of 10 11 IA-rie- of i-,� "Aa,-e of 12 cal il(t v.)rv. w, j TJ 5,)L 13 15 16 17 01! 20 21 22 23 u"T4 J 24 25 26 27 28 29 30 31 Yk' k.0 !,�4 EST.3093 I....152M APO 00 1 tho alaracim Las Bolsas; tjlenc Southevly t,akl3Yi7 tile eP-3tGrII 2 boundary of the 1-n-,nds of UIC. WI'llow Llwid Cormpai-4V lyi.-Ig, W�st 3 of Vile Santa An", River tt� 'Whe Pacific as Conveyed tt.� 4 tile C-jt,r of Sante, lqria by Cic,ed, �-2ncml-ded Jun-�' in 5 Book 2116'.' pa..!,e 57 6 A LSO ud"ner-a 7 mdner-a I r2 t I A atfUj otier hidro- 8 bv now. -le umne ? 100 9 feet Of (-A' vc." dezovibed. J a r in 10 6 f.it 11 and 12 13 14 15 16 17 w-Ider V.*.-E wid to 19 any in' '100 20 22 23 24 25 ra j 26 27 28 29 30 31 .702 12-.9 132.SPO 1 i pdNWYbI[6 Y6 E T£ 0£ 6� 8Z G� 98 98 £z 82 18 02; 6T 81 11T 9T 91 aoj £T IT OT 6 ' 8 ,r1V'tt TO C. +e.4.w....E C" .. • ;.. C? i. .. °-. � � (LSE ? ``. 5 :cS Lci:J,: T.{?. .2.", i , i ':1i.t s 6." �r�?v"?i.ITL� 4 t'iS 9 sTcict' pue; °Ll0T`.'�:iz pa"i. U ?E-:I �vi7`131CSi?Zta ti �.? U r ?0 rrTc. i4 i :,al::c7f)'.tL)«: �C7i,,�q:,°.`i i.. �eT�C'�3 J�It'a e',re9?^ iC....�:�!:,i. �.?Yu .;s��i� �`^K�'r''e ice.; Doll. 8 Sue �ffi ����i�az.. i.2 i+ :' ::im C3'.7...-",Iv a. :jai•S~4 d.F2,��.b'"4�i l',L. r�% r�+.[aU £101 'L t GEORGE 0. HiDLEY I R. B. PEG*sar'kil 2 1100 3540 Wilshire 3--'oulev"a-rd. 3 Los Alleleles 5, Califorr4ia DUnkil-k 5-o43i Attorneys r ?"ainti"T 5 FlLED 6 8 lllllrl-� SUP-11'.11--or". 107 IIIIIE I&P, 9 T I lo I. 12 13 15 r 7 17 f liL �:. ...... t\; NA F. �'i. 13 11 �17 TW7.1 -'T L'Cli "N 20 21 22 23 24 25 26 27 28 29 I f Ii:.'? ? i n::"- 31 i ' etie� f3.$ e T 2 The Dapartment of Public Worlks is and at all times" herein 3 mentioned has been the d,,u1-,tr authorized body in char-Se WE State 4 1highways, and is by lav, ,reoted i:ith authorlt-,-v to exercise in the 5 inme of the People Of t',xe StLlte of Calf-111ornia tne powev of eminent 6 i dawain. for the purrpocsaa o-2 PIVI)eMy 31.0p sucl-L State 7 higlmlays 8 T 1;4`d5 action, at a meeting, 10 1,of the Cal icorn i-:2, HIJ!."z-h-�,-zc,­7 -"( ­_-_�0.1 tLo-dy- aim convened 4.4 b, sa�d Califo xinda 11 at Sacamm n1o. 12 -,)a. a-ad ado-o'-ed 2- 13 that 14 of ce-'aa publ.-:.c n te t Ila xz -7 -'r-e, way The o 16 'ate 17 liuse af 4-,he s';QoO c i 5 �ewoltzz tion is a .o u b 1. c 18 20 �In;lar d t:hCi.t 21 public 22 23 24 :i c I re d a f reeway k-i a t public use 25 land necessf.ty and in C'Utinection with 26 aald in 27 real. p.voperl­, —2--,e ­':!af,­� ev! P',Oposed� pui3lic is 28 w�,,J c4h xvi.11 be wost 29 compatiMble -,,At_h g,nkoJ zn,-'. ,;I-te ".Lcast -or-,7vate 30 as "her at -ay 31 Commi3sicn 1;.nat saniO Lerart-,im-mt .if and empower-ad to acquire in the name of the People of the State 2 of California the hereinafter, described real property or interests 3 in real property, ar-nd to prepare and prosecute in the name of the 4 People of the State of Cal.1.1fornia such proce-evAng, or proceedings 5 in the proper coiaxt- having Jurisdiction tl-.er,-of as are necessary 6 fox, such acquis:I.tioll. n t o a'nd to wpplicit- Lo -aid court fox 7 an —der the wtnvit- au,,111-4 jecurity in the way of money 8 deposits as said court iva,jr rji.rect and 11-Or an order pe-m-ri-4. tting 9 said Depaitmen-l.- to ta'llce pos3czsloll and use of said 10 „ seal. property or L-i real proloerty, zz a right of way .11 for public use . 121 Tine real pcope-!?,cy a-e J�.n :oeal property which. 13 the Departlr,ian,,c. of Pub*.LJ_,. !.z �,.O acquJUI-Ca by said resclution, J.os fe--, a ezipressly G.15 eAe8crjL,,�,j, ^,tate �f 16 l Cal-11-1forala, _Le 17 3-8 19 20 21 22 23 24: 25 26 27 28 29 30 -T 9CI3 1 PILRC;2L I - 2 ya freel"T.9"'I 3 arld of A;'11 a t -ir, t t-, frf arc 1A. v,q Y t-o' Y1as7c-lo La uol,`,msslt in 5 the C" ty C 4I'T1f:tk,3L—u:-,✓ C.Z 0!A0,41V 011 6 a .1-r! A' 7 i"a Zaho offI(-, ol, 8 9 o P E yr N w7i CLAj 10 ",-c-Ocion I.P. j 0 1-2 1 h e 1�41. 13 1 14 15 2 Of. 16 17 r.on 18 19 c f W"!20 21 22 ai Q 23 1 r. in 24 25 p a ll� :.f 26 d 27 28 to -Po 29 the S-*;-,-,2,i-,,3 o�&-" 6-oc "'d 30 o 1 c 31 S-53 af rmid I : LSO 7:.XCEPTIDIG tnezoefrom ti-.ose po,71.-iono thereof 2 included in la�-:dz rjes�;i�,Ibed in re deedtz ree�ovded in Bool�c 3 455, pa;-e 400 ard -D3rolk t: 'Tq oj' said t..fflr-ial Records, 4 and in deed vecor(±r.:C- I.- r-=aL�,; 2,17 o f"a"d Deedz. 5 ALSO 'E.NCEPT 6 w4Lt.-2iiI hunt J.j- 7 '11-1 o-11, oil 8 mincra.-. 9 hydror,-av*--,.o 1), be below 10 3-00 Q'- tL-1, -oa:,utL,-t o," .and herein- 11 abovr! C - in- n-.-W 12 minint. --p rl!ri J'Z to 14 z,e 1 00-,;oc;'. C: ., "T 15 turnels 16 and 17 vnd,-�r and v c i;,.C.. L 18 19 ben c' to r C3.r f I 20 r • e;'-J-,I-u n u "I--J an'y- sucn 21 k3�I In, o r, '-,I C'!M' 22 0 C 23 c 21 24 25 26 ave !If- Lo.",33i1 0 27 a.C;C zi 'Cne re tr' p.r e�i 'I -.Urz L la! ds 28 eW x 1S i'ava ";o e'Le above c" f 0 ,t' 29 riba;d f 30 31 -5- im 1 PARGEL 2 P012 freeway pu'xnpo,,�faps' tilos,! of Soction 2�4t . 3 T. 6 S. , R. !I W., ant! ol, T. R. III) 4 t:he Rarclio -7ja7 th-.�; Co' -�-jr 0 0 as !3hown or, jr 5 M-ap recorded. J.n T-'ooir �7.z, fla,po, 1-i-I 6 "he cffice OIL' tilo 7 as a whole 8 nI,,..r.o:.-- �J.0r, o.0 t t 10 ff 11 12 13 Cal 14 of 15 16 17 e 3 IJ- 18 19 20 21 22 23 o;7 la v-', 24 z;aid Point, o.tl' 25 26 Easterly W.' 27 TCGEVhTY-,I t,(-, _t.t-Gjj of' 28 access 'b.n and 29 adjoining S';Lt4.' hiw�;..:-,way vI,e follm4:1n:-, Ci;2;i�cribed 30 line o..' -tie 1�;� she aix-1;,e 31 MT.300 —M Spo 1 described parcel cX land.; t1ionce ;&oAld 2 northeautterly lin; to ill rxz'll aow'.*Ih�. J.y c:f tile pareel 3 rf land, 1eG-_x1i!je6 in, rs,;Iordt3d ".n of 4 said 5 ALSO ' j.ORPTIAG 01,1-- oll YA:7,11M, 6 mlneral Qttieo lh-'rebro- 7 carbons ;)y 17eet 9 desc-ribcd., d!1,I I 10 exqplor-n- cc,,.-.-- frum sa.`W, 11 3.a7j4' r,:? aii.; --i 12 13 14 15 a*,-�td C-0 e) m 16 17 -jA 18 19 20 21 P, 1C 22 to 23 24 25 t1f1"*C:e11;3 26 27 28 29 30 31 D713 13 111..�O 1 PPil 3. 2 For freeway purposes, tkiat portion of S-ction 19, 'It 3 T. 6 S., -o�. 10 W., in tho Rancho Las in the Cou, y 4 of Orange, as shmm on map rt-,.­_c3dcd in Boo'c 51, Pa e 1 t, 11 0.0 5 k.taps' 1, Re-Dr&-v a'c of tJ'j(;. CnIllmilt" 6 ;njd Covmt,�r; descrlb�,­d 3 fcd mili 7 at tl_', 8 A 9 dea t CIL Y ' 10 11 lim-�' of 12 13 of yr of saici 14 decree bo_i-,­i"z-' 15 16 the awl) 'C's all 17 on a r,,tit) o' Vatipro'-s.. In tne 18 19 bi W A I er 20 21 in 22 e a 23 YW sald'� 24 sai-d. il-i' 25 26 wer,'U`erly r2 7�l cz !�;Jlld 3100--y" I-st S"­V".�-et 27 ALSO st""J.P c!" lcl:Afjl 1.5,ou 23 ther eazt bouadaxw 12l, (,)f 19 ciestr.lb a r C"11 crwo 29 BOSJ-41nbig at -;-. -")c* !It i_'.1 of th"- 30 kJortheast !/t; of 'll',hs 1/4 of T. 31 R. 10 G.D.n' m. of EnT.1.1 12-1 ­0 the Ranr;hc) Laz BOISti�,S; tiac;nc,., SO'Atherly t'110 Ef110.t6r-rl 2 boundary of the lands or the W .ow Lcv--d 1 fing West 3 of the Santa Ana 'Rivet/ tc, tkj3 P�-jc:tfic Gcaaylf cx, conveyed to 4 t1le C�I.ty of &aYlt-a Aria z - ..I J -j. -) -,1,-- -3 , 1912, -in 5 Sook 2181 `Jla,gc of r d 6 cil 7 $iL -SYid 0161'le- h.yelvc- 8 ;lic -ij.-irp--r 11GO --;avbom,� b?r "n L. Cr 9 10 t c<<e t'Zc, A.0 lIt, 12 amy 13 14 15 16 7,0 17 18 19 20 21 22 23 t 25 26 27 28 29 30 31 -T 1.1 IV 2 Plaintiff seeks to condemn by this proceed-Lng the parcels 3 of real property or interes,;s In real property described in 4 paragraph III ha.rein. Each of said parcels includes only parts 5 of larger parcels of property, except parcel 3 which is an entire 6 parcel o.-* p,--nperty, all as sk.ovna on k.,,e_m-_`,naftev referve-d to. 7 8 The location, Genera". rcutle and texnlad. of the State 9 highway solfrAht to be coode-.Diiaed lhex-�In, in so fo, • &a involved 10 in this proceed inE--,, is as shown on man attu,-hed hereto marked 11 Exhibits A, B and 0, and by this reference mcade a pa."t hereof. 12 13 As muo*i of the as Y-ein doon.rl'oed property as 1-les within 14 the boundariea of street-i.. highidays, storm doains, sanitary 15 st-wens, or other p13b11C ezl-sseirlerits, is subject to an easement 16 or prescriptive v.q,,ht, of public for use --.'cr 3tich purpose. 17 vii 18 5 rty ae of owners -11� 3,,ad c'ai. , t to t'ne prope 19 souo,ht- to 'be condeltired hor-_.JJr,.. so far az 1<nown to plaintiff, 20 are set in, -'�,his each defendant 21 namea, has rr o_lalroz to somc-. tlitie oi, interest- in or 22 to the of real -,vjp�_,rty ae-_n3tnfollo Fo.- the 23 coavveriiencc' of the and and --not, a.,,, allogations to 24 which plaint4_ff inC,-endz ti.o be bo,4ad, plalin-tiff has set out the 25 name of -each defendaxit a..nd cpj)osito ealch ramie a statement of thr, 26 maDe,c1;ive Int-erest In saki parcel: 27 PARCEL 1 28 CITY OF YRRMNGTON MMOR Owner 29 RICHARD SINCLAIR, H. JACU HAMNIP Lez�iees 30 J A d MIC UTEM CO o INC Lessee 31 12-l.112*1 Spa 1 PARCIMS 2, 3 2 DAISY THORPE HOOK Oernen 3 COMI.- , Or 0I1MCM Ties 4 IA. C. THORPE, W. I•I a HOLIMS, Easement 5 F. R. RF3tI!S, F. M. NOTN�AN 6 zt"ER �dkVIK OUTDO0R AVIFEIRTTSING lessee 7 MTED OII'z`DOiR AMTERT1SINias C'.). Lessee 8 JOI?tIV SCjjU3 JAC%-ER and ROB IiT S, Unkno fan 9 THO- TrIPSONT ..s ;'rue} : s 10 11 12 Defendan"4s Doe k)ne •r) Dne Twenty, i ncl.u�.V . have or claim '�• 13 to '4--m'e an lgC`eres t 'L n sal µ7�.�'G --?Di C? ' laa C i exact nature of which i> t?tkn,:;vyn ";,) plea nt4 fi . '!'he �y'a t ?3�st;� a cal capacill-eB, 14 15 ' whether :F?'di t d?_7,a , cor`o,w,,e. of dr?f endr nts Doe 0v'.e to Doe rPwe nt ea-,, to "a`.herafo;tr': :aues 16 �""tY..d defedldant`3 lb), aL€Ci. ..�.Ci '�' '•.c��. t Lunde s, and �'r1.1.7,- ask leave w to:i'7 18 amend this C�L>i?'p atatu 'G^ llhe ;, t'"ri' a `syc ies :r.A cwpac:?t iez and 19 state of h&ve barmen asrex ta.ined. ,•1 20 b,> Defendant J . A. a uol1 `oration 21 22 orgali-...edi and a r£:!,si:1 iZj t 't:'o'C' c:nT 3. Vie:: oft:Y'=d laws 0± the State of Ca?. _f orni.a. 23 X 24 Dafenda.a-rts I411lot=: ar3c? :oir pa.rl r, icanC. Outaoor Advertising., 25 United Outdoor p:&, °ertjsl-a J` Y:iparoj 1 ;rlt eaM-i them, ''Bole been 26 1 all ime sY ^. "e _t ant-1 are. t•Za2sa t1C;a �LsiYCu3 27 28 In the Count; of 0)-angr-, ;_at wl^i.ntiff dons not, 3;:c.eT^ nor) can 3t 29 ascertain aU V—iis f_ime, '$.he capacity, whether coi,iovaFe, associate y 30 �or. otherwise_, of said ; :t'e,2dant7, of if 1;he stD e of s 31 their 1naor�porat.!.rjr,. Eet a:9) urea tx-so tsxM aza r tl 2 Defendant City of Huntin-ton Beach is and at all times tj 3 herein mentioned was a vaunicipal. corporation of the Stale of 4 Califox-nia.. 5 XTI Defendant County of Grange ",vyas at all tii-ties her,!�I.n 6 Z. 7 mentioned, and now is: a body politic and oorporate of the State 8 of California, 10 UTHEEREFORT3, plaintil7f prays jv.d.�)wQnt use foss that Said proper`;j bs- --ondcmle," to r.le.- n'if f',- Is r the 11 U 12 pur-po.ses set 5''ortl, in st,.-T.d -rev on o-Lu'61- ; 13 (2) compenf.ali,Ior 47or 6 17.E t...ahing and any damages 14 inciden"'l-al tn,:,rell-c r.)e aS,cev"`F-inod and asses--edz nelit6 sa:Id �.00p--.vty t-,no souggk it to be condo lined 15 ' by the con r��-!,a6u,-!.on nf rialLd be amsc-.ertainod and, 16 17 assessed; (4) P.12. MW2 ace: vsropart*y be 18 19 dradvoted from said 20 (5) Plaintl..'T et possassJon of sald 21 Prorevt,-,Y; and (6) 'FOr suol otitor anrl' as t1ie, colu."t mlay 22 deem prope-". 23 24 25 26 GSORGE C. HADLEY, R� B, PEGRAM 27 B'Y' 01. Had'ey 28 29 Attovney�, for Plaintiff 30 31 EST.9093 9763 T2-9 152M SPO N�.ram,.. � ""�•�„� •/� �� 1 S � inn 41 't} �•. �t y jr ic•� n r, }t r f 5 1 A f IS DO C A 41 /j GS Fr& y Y//L Om Apt. S �� �7C"��,� 1'✓�1V f7�urJfi,� �'r� 4 1 2 S 6 7 8' IN THE SVPM`i.UR COMA' OF ME STATE OF CALIFOMM 9 IN AYD 'FOR THE CCU= OF OWGR 10 11 THE PBOPLE OF Th&BTATJy OF CALIYORLUO acting by and through -I&e MUM= J 12 of PUBLIC WOMB !To. 90561 13 Plana f p S ZT Off` 15 PA01FIC ILMTRTc -pAILWAX C€.3I pARY;.. a ®rporatidn.6 at a ) 16 Def emdants. 17 18 D�0xbzts The C-Ity of Huntington Beach$ a municipa corporatio% 19 hereby pubatitates iMiS Dr PLUMKX.Pll$ as its attorney of remrd in plolp rT- i 20 taw Vim. AAB� o 21 Dated; October 20tho 1961. 22 ME CITY OF HiTMEMN BEka s 23 24 ATTE5T 25 1 C e. 26 I consent to the above substi.t-.ti 27 Dated, ` Ootobet- 99.0. , 1961a 28 ..j 29 _. Above su'stitiatioal keep eddo,� , ! to 7f Z- 7 C ts'' ttorney' 52 C* of Hull-tington Beach r GEORGE? C MIDLIEY, 1 R4 B, PEGRAM 2 Su?to 1200 Dyink rR 5--043.1 4 5 Attorneys for Plaintlfl 6 7 8 IN THE SUPE MICR COURT 01F THE S AITIE Or {:a l,ID'ORN A 9 T14 AND FOR TTTUL COUNTY OF ORANGE 10 11 TIT. PEOPIE OF THE STATE OF C.,�LI ORNI:A � 12 actJ.ng by and thrt'euoh t?`Rp- Do .?Y v isnt of Pub lie "Jorim iTo 13 14 if 15 YRr �''!^�-t�l{pi� 16 �r�.C�.�+�4.Lv �Jw u'✓..��.:LJ �ry..Lr`;�-t k� Srib:. a1 et twt...c, t �wdb'`ki'l�.ISV�r tt e.o,..•A.v-.—..,e.. 17 t 18 19 20 THE+ w JLJ S. R" V1 STATE 5 dt'. wA old 1 A9. 1Yd Cf3iE .E »T221 itd 0.a 7Cc 1'',k,Sr. S .u4_�dx �{ f � 1 21 d �.,,.. F5 ✓t 5.S 7b n 22 ?lTM3I) da C 7 13 ; t�^ fir,-viP X�$ HT7XTi'D1G"�N BEICH COM ANY, 23 a c oz3;3^ra":,'.'ton, CIA! 0:7 a�,:Ni x-�--To�a10�j 24 COUNTY Oil MANG'AZI, a lbvdy politic and o:>,porE c, DOE 017r, to s 26 27 YOU l R , 'EP °SFr D.e.I>Eti'�'X.,D rtR0 i P11-11 airlR in a F,Pec la� Pv€'iCeedinG, 28 ent i`led as atone bvovght apirs t you in tz_e Supe x�iox° Court of 29 the State of Gta 3 iLornia,, 3n and for the County of Cr argge, 30 c`3ttd answer the c'"'.m-apla .nv within tan days after soz-vice 31 an l ou of trz.is awmi m, if ser:�ed withig� ravel aou4t;�, r within z err 3;9a '—1]49 15aM 5P0 1 I thirty days if served. e1sewhere> 2 Said pycveecing is brought, to candemn for State highway 3 purposes the following owing described mal property situated, lying 4 and ei g in the: C oun:;y of Grange, State of California, to-wit: 6 7 8 9 10 12 13 � 14 15 16 17 18 19 1` F�. 20 21 22 23 24 f 25 26 3 27 28 l 29 f 30 t EST 9093 9]OE 13-101E]M SPO 411�1111�;ir i, 1 PARCEL 1: 2 For Stntt:- :Ilglaw y pl_.S,poseq, that oort"lon if the vast 3 1­alf of the nor-,-Im-es' ,, —t, -;Or, L. uz! -r ancl ;t�,jt T ; r,� , L3 . _)117' the southwest 4 Quarter -f the st qurter I in Scic4 lon 14 5 T. S, R. 1-1 I..,!s _RojoRc� in the City of 6 7 4untington art a-._J,.Y "FirFt" .?nd 7 "Tourth" 1-A dee:(l Bk- qjj Cczmpsny to t _e 8 -ecoxIded in !ook 155, page 9 260 �r Cc,u n ty R o d e r o f s L 1.d 10 n, t 11 Inn t J.n 12sit, tj!., Streer, snid 3 Fimr. Szre�-�* 1 _; -,e,:cQ itocorded 14 in as"d :)'..T'_-e, 15 16 17 nor,Mrie,-.,z�ta- 18 S-ath i t ELo v,r, r 11 ine 19 '10 T`i !Ard dc.'cribed 20 .-n dee(.1 1--­( 0 f 's c'. JkYt t=.z D Y.Ii6-Ic,e 21 t 22 Y. 23 ei 24 25 to sr,-I I'd 26 S 2 0 f EJ d 27 J."Lj ej 28 i t h 29 and distzvt QvpaX) u t", V T, s t�r ir a iC ern es 30 fr,I �Q2ic ln Of "First"; hence Ear nez� =01 i 1 c, satd prolt)i:ged tine; the eN`t' N-)rthagsterly, along sa-fd 2 prolcrged line to said Point- of Begj.nn-I�. 3 R"TWI R"I" ?t,3 an,, t%)vtion of sr-,id l,ai1d foxsmed by acc:-etion b-y 4 the PFcj' 'J.c kOcL?nn -whi.C.h wac F^ i1rJ , !f*--i red Iby deposited PlIuvium 5 from nature l c:�z..ses and byj mpe�ceptible degrees. 6 A.°ISO F7t"WEPTI-ING 'i`HEREYIRJM �,in F street or streets of record. 7 J!"U"O l:+XC IZII''J —Ur1J 'I;1`?ere r fi: 7'7_ rig',Its, minerals, 8 mirtera_1 .''t ;i^a`G>> nc c,ur L :? na 'era l -,;s L 3.; .u� and otner hydro- 9 Carx.J.'".ns l,;F lm'`'. Z!2::); x? Lh, t vay beelt)w the .d13D 0 ,,7er ��4 10 1;'€yet of ;h vZi7 s 'Fyt'r:f' ¢ "-,he J : 'i _ ? :)Y` :�'?Y^tl her zin �; ove descry ued 11 tocpoayL-a L i tt :� 3 , } ' "C; ,.< �;1�1.,.�1" u1i.21i�YF�y eYtJlox�l.t; _, _z :�: 12 'Yl!1 thed':r�?i2C !'Y-o'': sq'I.d .and or 13 y;' ?€iJ° �. t.L.. :.1 z }._ L'3 F;[i:9'.)F3tur'' Or d;?.c—ct'ionaliy 14 d?'bll. .':i ,'- ;'tv`r', ' .._:«-% .:y a"5r '_Y ,",, se described, ) 16 s'� : .`a. c - , �.� . . _ , : _ _�E:C e and t;� b•.z-:jm such 17 C,.'�ni °.. _F. € _i, e -l'zz 'C.tl3l;ells ?i3 shaf1;s 18 '�Ylde Y r t.. 1.; , W.. ' �z''i.:+ '.t,:� �` {:C}.ia?;ez:. . r and to 19 20 +gS �,:;7 j,o? r.y 'kYit to (kL�'J.�100 21 22 i rE% 0: 5 :� c r 'i 17!=Ce of 23 •�- yvt .,-' i 1 1.o-r b y an h 24 25 , 26 27 i; 28 29 30 31 t k CB' a'.4f —V cob } 7 p 1 YOU APUE IVERMY NOTIFIED 71`0 APPEAR and I cause, Jaf any 2 you have, why Qa:kd property should riot be condo rrmed as prayed 3 for In. the aomp2alnt on file in the above-entitled a(,-tion, and 4: unleas you appear and anower said cm-aplaint as above required,. 5 said plaintif,"L" 4te7l.1 app2y to said Court for the relief damanded 6 the.-m--in. 7 Given vaider my heed and' seal of the S-Lparior CaLirt. of the 8 Stato of Califforniai., ir. and fov the County of Orange, on 9 10 11 L. B. 'iVIAILACE Ccuiity Cler1c and ex offiol;—Clerk 12 of tne Superior Court of the Stn,te oi" Call—forn n and for 13 the ""ountv, of Orange. 14 15 By ,C- 11y 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 t�T 3—1 9 1, .7.1 1 �2M Spo i I 1 t.EOR�C�� 0rt�HA.'ATDLr R. 2 Suite 1100 3540 Wlilshiye Boulevard 3 Los Angeles 5, California. 4 Dttnkz rk 5--o43 2. Attorneys for Flaintifl 5 6 7 8 THE SUP5,MIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE' COUNW OF ORANGE 10 11 THE PFO tPL C OF THE S,'PkT . OF CALIFORNIA C RNIA 12 acting by and. th::-ough Una Department; NO, 13 of Public Works, 1E00 7 14 Rlt?int7 ff, 15 16 PAC1'.T, !r+ `LtIXT.L IC- RA.1.:WO 1IJL, ftW , a C 0 M P 1, .ham I d`t 1 17 "'co�oralj.ori, sL OTC 18 a corporat-ion., � '2A�CY`.iOi BEACH Ct�,�i.'ATaY,, zi ) rN LMINFE T DOMAIN 19 eoxpo •a ion. CITY OF HJa Dt.ACH,z a 20 ,,tunic az ecre�oLat;ic: _ C.O` i OF Orkvie-E, 21 a body pol .Zic anC ourorat-e. rME ONE to 22 DOE :.TF'r", 23 24 25 26 Plaintiff of defendants and for cause of action 27 allep,es that,: 28 T 29 The Department of Pulblic ores is and at all times herein 30 !mentioned has been the duly authJrized body in charge of State 31 highways, and its by :lava vested wit; i authority "moo exercise in the tsr aa•a-ea sxm aro amn WEIREM, 1 name of the People of the 0�State rlalifo imia the power of' eminent 11 J. - 2 domain for the purpose of acquir-ing property for such State 3 high-stays 5 Prior to the corimiencement of this action, at a meeting 6 of the California Fighviay Comen. 1-szion duly and regularly convened 7 at Sacramento, California, on June 24, 1960., said California 8 High ay Commission duly and rej -lw gula:oly passed and adopt*ed 9 condemnation resoll.ution No. 41126, stating and detenmirling that 10 public interest and necessity require the acquisition of certain 11 real property for State highway purposes 'In connection with State 12 highway road V11-CRA-i'�-,O-11intl-, declared a fr---Ieva . 11he use of the 13 real oron�er,-,v clescrIbed T.n -zaid re—joluion j.,s a public use 14 authors zed by 15 16 Sa-*_d and deten-;i:U-ied and declared that 1"1 f;h(-- publio interos-t'-, and neces�S-*, �-,Y I-equir-e- the acclalsition., 18 cons true tion and coivnlet-lon by the of Califo:--nia, acting 19 through the Depart--vvnt of Public: Worl�s, of a pub.'-Ic improvement, 20 n-amely a State 6.eclaz:,,,d a fmevsay, twat '1he public use 21 and necessity ra:it ire acquisitf-on fo.o sn.rl In connection urith 22 sai,' public imjproi�e:-rent- c!' t1,10 op�Zr4y U 23 a. 1 J-nt rest n s i real property hercinafice-r desctribad; that said p-roposed public 24 improve-ni-e-Ait is plan:lod and located .n a manner which will be most 25 compatible with the gveate,,;-�,: p,�b-!.I.c good, and the least pri-vate 26 injux-j. It was resolved by sE.id Cali foxTd.a Highway 27 Commission that said Depaitment of Rabl'c Works be authorized 28 and empowered to acquire in the nariv of the People of the State 29 of California the heraln-after deserd.bed real property or interests 30 in real property, and to prepare and prosecute in tha name of the 31 People of the State of Cali forn"t-a such proccedIng or proceedings EST 209 9702 12-59 152M 1PO Willi 11 1 in the proper court having jurisdiction thereof as are necessary 2 for such acquisition, and to make application to said court for 3 an order fixing the aji*.ount of such security in the V..ay of money 4 deposits as said court may direct and for an order per-mitting 5 said Department 'b take immediate possession and use of said 6 real property or interests in real property, as a right of play 7 for public use. 8 The real property or. interests In real property which 9 the Department of Public Works Is authorized to acquire by said 10 resolution, in i`ee simple, unless a lesser estate is expressly 11 describe6, is situatee in the Ccunty of Oranp.,e, State of 12 Califon-r1a, and is descrj,b!zd as rollows:- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MOM 1 PAVRCEL l-, 2 For State higlruay purposes, that portion of the east 3 half of t-lhe northwest quarter. and that port-ion of the southwest 4 quarter of the northeast quarter, all in Sect-io-ri 14, 5 T. 6 S., R. 11 W., in rhe, Rancho Las Balsas, in the City of 6 'Huntington Beach, County. of Orange, described as "Pirst" and 7 "Fourth" In deed from the Huntington Beach Company to the a Los Anse es :inter-urban Company, recorded in Book 155, Papge 9 260 of Leeds, is the office of the County Rel3order of said 10 County, des,2rib�d ns fillovs: 11 Beginnin-t at the intr-rsection of the .-Iouth,.-,,esterly 12 prolongation of t,-.e scutti.ezoter'.',y line of Fi..-Ist Street, said 13 First St'reet betn,.,7 1-,s cn M,,p of HuntIngton E--,each recorded 14 in Book 3. oaf :1 ps, in said, office, 15 v.1th the northe!;sterl- 'he Parcel dew cribed "IFirst", - 16 thencl— oale. northea'ster"'Y line to the 17 nor-chea terly 1-111n-- l� L'Jae dc�,crlberl I'l--ourth", thence is Southeasterly, srid Ll"-,,t xenLioned zio-�,,theasterlv line 19 to the w sterl- ae �'0,0,0 [o�)t strip of land described 20 in d,ed reQ 3rde6 inz,soK 44. page 66 of so-'d Dee(ls; thence CD 21 Soutlherl.y. 3�ld lin.- to the sculthwesterly line 22 of said th--nce 11,:)rthwesterly, along 23 said to said aort.�-ieasteply 1-'.ne of siid 24 parcel describec tu?enca Sol.)thwtkstlerlj, at right angles 25 to said southwe,. tez,ly 1.ini, to 7 line jx-,rallel with End dictant 26 82 1 *00 fet S ut e bVC "F,�-L Y zit rjig,ht angles, ,ai d :aid" ' 27 northeasterly 1.1ne ).i pArc-�l described "Fourth"; thence 28 along s-,-Adt parailel line to L 11-11le perallel vi'th A, 29 and distant 82.00 feet Sout1n.-test-crly, raeasure-d at rignt angles, 30 from said noxrtheaster] ! line of said paycel described "Firet"; 31 thence N3rthviesterly, along said last desaribe,,9. parallel line -4- ErT "v3 97C3 12.59 MZ14 SPO MP 110 1 to said prolonged line; thence W;)rtheasterly, along sa Ld 2 prolonged l?.ne to said. Point of 3eginning. 3 EXCEPTING any "i-tion of said land formed by accretion by 4 the Pacific Ocear, which was not fo-med by deposited alluvium 5 from natural causes end by Imperceptible degrees. 6 ALSO EXCEPTING ?"rTUFFRO:'E any street or Stye?ts of record. 7 ALSO EXCEPT"1P-1O the2ef om ll oil, o l i^lgiits, minerals, 8 mineral .i 1 0ts, Tlatr ,�ii gas, klritu*."^'- gas rig t s, and other hydro- 9 carbons by wha`Lsaeve, nr.­nc knoT:n may be below 'Lhe upper 100 10 feet of the subsuriacc cf' t.ue parcel of land hereinabove described 11 together vith the pprpel,>&? ,,i;ht of drillIMgr, ?dining, exploring 12 and operating the-^cfor° "z:t° s.'klr:io-jing the :arse .from uald land or 13 any, other .;and, 'nelucs:>r;,r; '4:i^_F= }i.ght uo �,.,3i.pstoclx or directionally 14 drill and rli ne 'f-on i.a=nds ct,hre^ .,sia:j C'-Iosa he einabove described, 15 oil or -'a s ivfel._{, tl.;nn 'l. ?i%2 ? shafts into, tilroi gli or acros- the 16 subsurY aac of t Lx` la.fit? descp+lbr-d, c-nd to Yid i tora such 17 : hi pstoc�,e6 );-' u m?i:u::. ! i'i. d.c 1 i?ed °ryel``S, t1t1°'nels and shafts 18 under and ue^e un or ?:e^,ond ti'Ae extericr l:.Paivs thereof , and to 19 redrill, equip,ip, 7,_a k?t:e:n, repair, deepen and operate 20 any nuc✓h b el l q or mines. S il-hc i t,. hov'e`ter, the right to drill, 21 i-a ne, ":Xpl ,r? EE? ' �,, '.'i e:._ fi"t'_ _ i ;fl t.l.::,: suvlfaae or Said upper 1.00 22 fce�. of `4he spa.<? rfa...> of '.'see -J.a..d her°einabove deo-crib.sd or 23 oi:he Srise in sv_r;h manner i::> end,.ngeA the safety of any h3ZI-say 24 that inay be cDinst'ru=r.,c-cd ,)n said lands. 25 Con,:•`.in', ag ._,'' is;�q ~ ,, risv re -or F rs. 26 27 28 29 30 31 3.93 9'/89 f2-99 tE23A SPO 2 Plaint'iff seeks to (_o_nde_r.qn ',-,y -,;his, proceeding tne parcel 3 of real property or interests in real propertydescribed in 4 paragraph III 1-arein, Said parcel includes only part of a larger pacel of property as shown on maps hereinafter referred to. 6 !r v 7 T.he location, general route and termini of the State 8 highway sought to be condemned 'aereinl in so far as involved 9 in this proceeding, .1s as shoi-�n on maps attached hereto marked 10 Exhibits A and 73, and by toie :n-ferenee made a part hereof. 11 vw 12 As much of t;-,e he.,:,ain described property as lies within 13 the boundaries of -,treets, h1gh,,ATays, storim drains, sanitary 14: sewe-rs, or other -publlc is subJect, to an easement 15 or -presaviptive right: of tha, pWblic for u.sr fox- such purpose. 17 he nari-,es all ovne7s of and claimaats to the proper .y 18 sought to be condemrie(3 herain, in so "ar as -knowin to plaintiff, 19 a:,.,e hereiyi?�Ptor set forth -in, t1iis pa7-.r1aE;rv,ph, F- .ch def-andant 20 named ki-as or clairao to have sozie vight, ti�.-Ie 31' interest in or 21 to the narcel of real -provc-F,-k'-.y !'­_,zret-oore For the 22 convenience of i;he court and pa.-tJ%eG, and. not as, allegations to 23 which piai*ntiff inten,_+s to be bound, plaint"" [*2 111as, set out the 24 name oi' each defendan"11- and cpposit.e each a sc.atei-iient, of the 25 respective Interest In Said pa-.,cal: 26 PARCEL I 27 PACIFIC ELECTRIC CO. Gene 28 COUNTY OF ORAINGE Taxes 29 CITY OF MJNTINGTON BEACH, Publi2 easements 30 MILLS LkM & WATER CO Reveraionary 31 rights H'LJNTIv,GTOIJ BEACH CO. -6- z+ 1 VM 2 Defendants Doe One to Doe Fifty, inclusive, have or claim tr 3 to haire an intereat in said ;parcel of land, the exact natlare of 4 which is unknown to plaintiff. The true +names or capacities, 5 iUhether individual, corporate, associ-ate or othenji_f>e of defendants s Doe One to Doe Fifty are to plaintiff who therefore sues 7 said defendants b-r such fi.cti.tio-as names, and will ask leave to 8 amend this complaint to shot ttie r true names and capacities and 9 state of incorporation uhar. sane have been a:3certained. 10 IX 11 Defendant Pac i z Ic- Electric Railmay Corrpazny is a corporation 12 organ;?zed and 3 :i s t :L under and by virtue of the lays of the 13 State of Cali i o,nia. 14 15 Defena(sar MA-3 Ta:,n? -nd Water Coyrpany and Huntington 16 Beach C'lP('ipany, each of t em., are corporations tr'ansacting 17 business in the C r`wnty of Gr°anSa, '}t`t p .,`-i;n w"i f f does not know,, 18 nor .an -it as,e at, i n o.t this tLme, in v1-rich >t.atea said 19 coreorations ex°.� In crs�c�`a'E �e . 20 XI 21 D ol� nt E H t -�l1 �2�"ei°�C3^�.-.?'t':, t..'..�:"y 1 f��d.:�'�ia;ti'�;{?1 �Li�C.. le, a:14 �... c�. GiITie5 22 iie reir! tt',enti.oT'eA 7'as a rr.u•nioi,pal corporation cf the State of 23 Ca.II'ornia. 24 Xil 25 Defe-ndan; 1%1,jnty �f Orzartge is and- at a*12 times herein 26 mentiorred eras a b-Ay polivio and corporate os' t,ie State o:' 27 California. 28 29 UUMEFOR12., plaint:Il.f'f prays judgnent t11a U 30 (...) r..c'.itx 35:`E?p..ri,jt b.. uC_ OE_':S�:EC.d to p_rWil.,.._W $ use f0.�:` 31 the pu34QC.3SSS nui-' . forth In said 3''eSt'il?3`:aC)ns GBT a9a 9703 ta•b9 tsa✓.S90 e 1 (2) Just compensation for said taking and any damages 2 incidental thereto be ascertained dnd assessed; I V 3 (3) Benefits to said property not sought to be condemned 4 by the construction of said improvement be ascertained and 5 assessed; 6 (4) All liens and encumbrances against said property be 7 deducted from said judgment; 8 (5) Plaintiff be let into immediate possession of said 9 property; and 10 (b) For such other and further relief as the court may 11 deem proper. 12 13 14 GEORGE C. HADLB°f, R. B. PBGRAM 15 16 By R. B. Pear am 17 Attorneys for Plaintiff 1? 19 20 21 22 23 24 25 26 27 28 r� 29 30 31 �1 EST.1099 .7.1 12.19 152M SPO 5 L mA Ave. t \ �✓ ptA r1AP� ♦ � gA A!/E m �DUTE 60 F _ '"/7 r C vim"•; •�_..� � Y Gila 4h��t*-Y.,�¢ ���..i•i:T,A. � 1 1 � / Ly `I 1 ........... F A� S y t � ,1 .,1x,ar?sa. ':t?:.'st�'.f..t t :h n.t•.,x r � _ f }..,xt r.;S'ri?- +�y I i,%�?rf �':�t*'�� ','1',x. �'�,. :F: fix''. rt3:"�"yr�'i��(-�' c I&03 610 SOUTH MAIN STREET.LOS ANGELES.CALIFORNIA 90014 IN REPLY PLEASE REFER IG REAL ESTATE DEPARTMENT 1.tint inn;on i.each-State of W. Wo STEINERIGTRICT MANAGER CaliforniaCca li fornia L. M. BROWN July 2-1, 1967 A9 SISTANT DISTRICT MANAGER _ c�TY of y�. REGIST17R!=.D 'S1�IL U,�, ` RETURN ; F.C�.IPT REQUEST-D z• 2 "r. �. Dale 'us}, = , '� o City Attorney � •c City of Huntington i-e zch A\ W Post Cffic� Pox- 190 ©/� A untin ton Reach, California P26-`r iy�Y �� !Dear sir. Push: Peference is m.a?e to 'Ycir Lotter or June 28, 19(7, regarc..ing jointly ow-nec'. property in the City of untington Beach. 71tt cbef iS Sm".ti"lern . cific Cc-ip _n_vE s fully e3 �f?CUtG'�:i counterpart of agreement with. ti'.e Cit.F OT 1l]" 1l1CJt0T! .';:;EdCY , Cates; 17oVF-rII)er 1, 196r. P1eaGe a:r_r lcrc. for proper acknowledgment cf this inC'.enture On tl-e *'art or runt ins-,,ton 7ea.ch ane return it to this office se we can arrange for its r.ecorc a-1-i.on. After the atta.c'lGt, indIc-nture 1'as 37een rec or0eel, we will lie in touch with your office to ?rra.:Lx: for r1roper separation anc', payment of ta.ies in connorci-on .vith phis ;')roperty. Your COoYper%:tion in t1'is nattr?r '.,as been 2<i.>—rc—clated. Vert) trul- yours, G 6-D f 107CITY OF ay� CALIFORNIA Nt ��, July 27, 1967 NeS W. W. Steiner 610 South Main Street Los Angeles, California 90014 1X0 Sir: Enclosed herewith is your copy of an agreement with the City of Huntington Beach regarding jointly awned property in this City, We have acknowledged r 0aid agreement 40 requested, Sincerely yours, Paul. C. Jones City Clerk s Pu/s is Etta. 3 l k 7tz.83 1/2 xd"6n'-Aecl� vamV4alnr A00101,COMO a Aawar rmi/wnr 610 SOUTH MAIN STREET.LOS ANGELES,,CALIFORNIA 90014 IN REPLY PLEASE REFER It, REAL ESTATE DEPARTMENT August 19, 1964 PE-Huntington Beach- W. W. STEINEF Cit✓p Of-2 D I.TRICT MANAGER L. M. BROWN ASSISTANT DISTRICT MANAGER f p y C1c f ,�**�� City of Huntington Beach copy F. 0. Box 190 Huntington. Beach, California Attention: Mr. Paul C. Jones City Clerk Gentlemen: This refers to that certain lease dated May 1, 1953 between the Pacific Electric Railway Company and the City of Huntington Beach covering property delineated on print attached thereto which property is to be used for metered public auto parking. Under date of September 18, 1963, a portion of this property was conveyed to the Huntington Beach Company. In the circumstance, a portion of the rental therefrom is for the account of Huntington Beach Company. Huntington Beach Company owns 27. 16% of this property and Pacific Electric Railway Company owns 72.241%. It will be satisfactory, commencing with the next billing period, to pay to the account of Huntington Beach Company 27.76% share of the 50% rental on the parking meters, the balance of 72.24%/6 of the 50% rental to be for the account of Pacific Electric Railway Company, Very truly yours, W. YY t,i. S1 t1'I. ' r BV 2-B cc: Huntington Beach Company 2110 Main Street Huntington Beach, California Atten: Mr. J. F. Strachan Secretary 94 SG Clity of Huntington Bea. ch California July 9e 1964 d5 . Pacific Electric Building 610 South Main Street Los Angeles, California Attention;, Kre Do R. Lewis, Vice President and General Manager Gentlemen: The City Council of the City of Huntington Beach at their regular sheeting held Monday9 July 6,.1964, approved the four assignments for the water main crossings through Pacific F Electric Railway right-of-way and directed execution of same. We are forwarding executed copies to you and would like one of each assignment returned to this office® Thanks you. Sincerely yoursq Paul C. Jones City Clerk PCJ:tr 'Flue: AM q.; SOUTI-IERN CALIFORNIA WATER C011SPATVY GENERAL OFFICES 11911 SOUTH '1TERbLONT AVENUE Los AwGELE:,CALIFORNIA 90044 June 23, 1964 s ; 4 ✓ Mr. Doyle Miller ' City Administrator ' City of Huntington Beach City Hall Huntington Beach, California Dear Mr. Miller: under date of June 11, 1964, the Pacific Electric Railway Company forwarded to us assignment forms to sign and forward to you transferring four agrer ants to the City of Huntington Beach which concerned crossings of their tr.E.cks. I am forwarding herewith in compliance with their instructions three executed copies of these assignments. These copies are to be executed by the City of Huntington Feach and returned to the Pacific Electric Railway Company. Very truly yours, SOUTHERN CALIFORNIA WATER COMPANY Merle F. undberg, Assistant Secretary and Cont ller MFL/IS Enclosures cc - Mr. Frank B. Arguello Finance Director City of Huntington Beach City Hall Huntington Beach, California Pacific Electric Building x 610 South Main Street k Los Angeles, California 90014 Attention: Mr. D. R. Lewis, Vice President and General Mp?nger INSTdM CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT ` `P Huntington Beactx, California TY July 3, 1964 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle 'Miller City administrator Subject: P E R R/crater Line Crossings Gentlemen: Transmitted herewith are four assignments for water main crossings through Pacific Electric Railway P./W. These were previously *ranted to Sruthern Calif ornia dater Company and became our responsibility at the time of purchasing that company. It is the recommendation of the Director of Public Works that your Honorable Body approve the atis:*i;nments and order their execution by the Mayor and Glerk. Ve zy--tT-a4y yours, J es R. Wheeler rector of Public Works JRWtm trans. I�Il MIIvTUTES OF TE HE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 20, 1962 A regular meeting of the Board of Supervisors of Orange County,California,was held November 20, 1962, at 9:30 A.M.. The following named members being present: William J. Phillips, Chairman; C. M. Featherly, Willis H. Warner, Wm. Hirstein, C. M. Nelson and the Clerk. IN RE: NOTICE OF HEARING PROPOSED REMOVAL OF TRACK BY PACIFIC ELECTRIC RAILWAY COMPANY PUBLIC UTILITIES COMMISSION On motion of Supervisor Warner, duly seconded and unanimously carried, the notice of hearing dated November 15, 1962, from the Public Utilities Commission, on the intention of the Pacific Electric Railway Company to remove a spur tract paralleling a portion of Gothard Street in t;he C'.ty of Huntington Beach, effective December 7, 1962, is ordered referred to the City of Huntington Beach. STA i E OF C.A-LIFOnNIA, ) S ss. County of Orange 1, L. B. WALI,ACE, County Clerk and ea=ufrieio Clerk of the Board of Supa.visors of Orange County, California, hereby certify the foregoing to be a fRul,true and correct copy of the minute entry on record in this office. IN WITNESS WHMV11z',I have heraunto set my hand and seal this 20th dz of November,e 3 L. B. WAII ACE I County Clerk and ex-offido clerk of the Board of OM 7.e2 Supervisors of Orange County, Calfforaa 4 i f r COMMISSICK is "`•o� GEOR.E G.GROVER.PRCSIOCNT (s` PETER E.MITCHELL �p"..'a C.LVN i FOX � EVEFETT C.MCKEAGE FREDERICK D.HOLOVOFF rN� N OV 2 U 1962 ltf[ltr fij$7it_p"q CI'Vat32ti olifia2t L B. WALLACE, vurnt'y Clerk STATE OF CALIFORNIA ev deputy November 15, 1962 A..RESS ALL.COMMUNICATION. FILE No.GO 36_B CALIFORNIA STATE 3NILOING TO THE COMMISSION SAN FRANCISCO 2.CALIF. County Clerk County of Orarvoe County Courthouse Santa Ana, California Dear. Sir: The Commission has received from the Pacific Electric Railway Company a notice of intention to remove from service as a public 'team track the Pacific Electric 4pur track approximatf-17 700 feet long paralleling Gothard Street north of the intersection of Garfield Avenue and Main Street in the City of Huntington Beach, Orange County, Effective December 7, 1962. The company states that it has another taam track at 'iuntington Beach Station located approximately 1.93 miles to the south, and a team track which can also ba used located at Lincoln Street, and Wintersburg Avenue approximately one and one—half (11) miles north in the City of Wintersburg. If you desire to make any representation or protest with respect to this proposal, an early reply will be appreciated. Very truly yours, PUBLIC UTILITIES COMMISSION, STATE Or CALIFORNIA . A- BY R. 'J r PAJALICH, Secretary <y s; 1 1 I I Cityundrigton Beach 7 1 Ma April 209 1962. .i Mr. D. Yeomans Pacific Electric Railway Company Right of Way Department_ `acif is Electric Building Los Angeles 14, California Dear .fir. Yeomans: We have informed you in our :fetter of April 12, 1962v that the appointment of Mr. Dowdle as an assessor in case of People vs. Pacific Electric Railway Company, et al, Orange County Superior Count No. 68603, would be considered at the meeting of the Council at their meeting of April 169 1962. Inadvertently, this matter was lift off the agenda for this meeting and as a result was not brought to the at�- tentaon of the Council. Vie are very sorry this omission occured and appingi ie,-for it. I can assure you tnat it will be included as an item on the Council Agenda for Monday, May 7th, 1962. I trust this will not delay your action in this case, And only be an inconvenience. Agaixt, please a4cept cur apologies `l-n this matter. Sincerely yours, Paul C. Jones City Clerk PCJ:aw 1 City of HU'A"Ittagtoii beach. ( (coif omits C ' C� PApril 12, '.962 Mr. C. D. Yeomans Pacific Slectrie Railway Company Right of Way Department Pacific Ellectric Building 61-0 South Main Street Loe Angeles 14, California Dear Mr. Yeomans Your letter of April 11, 1962, regarding the appointment of Mr. Bowdle as an assessor, in the case of P,;ople vs. Pacific Electric Railway Company, et al, Orange County Superior Court No. 68603, has been receivnd. This matter was discussed by the City CUuncil •at an in- formal discussion meeting, but no official action has evor been taken in this regarJ. 4t the regular meeting of the Coupgil on Monday, April 16v 1960, the appointment of Mr. . Bowdle as an assessor in th .s case will be presented to the Coun-cil for official minatr4- action. 1g it is the pleasure of the Council to authori2e such appointment, we will scud you a certified copy of this minute action witnin a. very few days. Since e1v. yourss f i Paul C. 3�nes City .Cleric _ VCJ.ed 5 'C � 5-3510 PACIFIC ELECTRIC RAILWAY COMPANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN .STREET LOS ANGELES 14, CALiFORNIA PHONE MADISON 4-6161 IN REPLY PLEASE REFER TO E. D. YEDMANS O ENERAL ATTORN:`• JOHN J. CORRIGAN JOHII H. CORDON 'File: 16129 JAMES 1',. ❑'SRIEN WALT A. STEIGER WILLIAM E. STILL ATTORNEYS April 11 , 1962 Pau:i C.Jon.es, City Clerk City of Huntington Beach City Hall Fifth Street :end Orange Ave. Huntington Beach, California Dear Mr. Jones : Mr. Plunks=,tt,C:L ty Attorney, advises me that the City Council has approved the appointment of Mr. Bowdle in the case of People vs. Pacific Electric ,Railway Company, et al, Orange County Superior Court No. 68603. Will you please send me a copy of the Minutes of the ouncil authorizing this action. b Yours very truly, EDY:FWH k a i 2 i WE Oil i September 18, 1962 Pacific Electric Railway Company Pacific Electric �,u lei r 610 South Main Street, Los Angeles 14, California Attention: Mir. V.. D. kec,mans Uentlemeny Attached please find excerpt of the minutes o.f the f unti.nfyton Beach City Council mectin",- of June 25, 1962., rel=,ting to the approval by the CN-.,uncil of Mr. Ralph S. Bowdl.e as an additional appraiser. If we can be of fur t`*Oer assistance to you, please feel free to contact this office. Sincerely yours, Paul Co, Jones City Clerk PCJ.-ed Enc2 a-y- s-aslG 1 PACIFIC ELECTR G RAILWAY COMPANY PACIFIC ELECTRIC BUILDING, 510 5OU'H MAIN STREET LOS ANGEll 14, CALIFORNIA PHONE M\a;sl 4-6161 IN REPLY PLEASE REFER TO E. O. YEOMANS GENERAL ATTORNC'f JOHN J. CORRIOAN JOHN H. CORDON JAMES W. O'ShIEN WALT A. STEIOER September 14, 1962 File: 16129 WILLIAM E. STILL ATTORNEYS 91I 1 Mr. Paul C. Jones City Clerk City of Huntington Beach 1 Huntington Beach, California Dear Mr. ones: Re: People vs. Pacific Eiectric Railway Orange County Supeeior Court No. 68603 Refcrring to our previous correspondence regarcl- ing the appointment of Mr. Bowdle as an appraiser in the above case: If the City has now approved Mr. Bowdle' s employ- ment, will. you please send me a copy of this action? Very truly yours, EDY:en CY f1 V n 1Y. r i 11 n.. S•22L9 3 610 SOUTH MAIN STREET, LOS ANGELES 14, CALIFORNIA IN REPL;•PLEASE REFER TG REAL ESTATE DEPARTMENT W. W. STEINER G,STRICT MANAGER L. M. BROWN PE-HUNTIiJMN BEACH-City of-9 Y ASSISTANT DISTRICT MANAGER June 27, 1962 Jones-Gillespie, Inc.$ I Clain Street. Huntington eachp California Gentlemenr we recently :a:.Rived a l.ettter from iU,. Panl C. Jones, City Clerk* City of Huaat.;iogton Beach,, requesting that we corrast and with you with regard to fuxIni.shing Pacific Electric Railw v Company with, ,opies of existing in- surance policiss, in accer°dance whoa te-sms of 704ase nkmber 16173, between. this Company and the City of Huntington Beach. Our last record of Insurance furnished under terms of this lease is policy number LAC 101870 and LA-60842„ were, -ia3.t'a Pacifie Indemnity Comply and Lloyd's OIL London., with expiration; date of September 26., 1962. Hovever., Nre Jones advises in above latter that the i nsn:r=ze, policies now in effect and covering this lease are LAC-1.32193 and P-1-38376, vith expiration date of January to 1.963. Its Is rtegaeatesd that certified copies of above polic'i.as ho ftrnishtA the undersigned as quickly as possible in order that our Attorneys' can study { the conditions therain and retain in otua files. Yours very- truly, wo W. STRIKER By 9 cc: fir. ''h o.0. Jones, Oily Clark �;ity of Huntington Beach Post office Box 1.90 Huntington Bsach$ California A. I•61� s .I.: !!! 9.26 Li I WINM PUSLIC RELATIONS DEPARTMENT-417 PACIFIC ELECTRIC BUILDING, LOS ANGELES 14 PHONE MADISON 4-6161 H. BRAD ATWOOD Yt �('J M-ADER June 27, 1961 ROBERT W. KING EDITOR ROBERT C. PLATT Crl,f 'u'�O C. EDWARD LEAHY The Ho;aorable C-*.ty Council Cit • of Huntington Beach Huntington Beach, Calif. Attn.: Mr. Doyle Miller, City Administrator Gentlemen: I We will appreciate your considering this letter as a formal request by Southern Pacific Company to address your honorable City Council regarding Southern Pacifies applica— tion for Interstate Commerce Commission permission to control the Western Pacific Railroad. f We ask that you kindly place us on the agenda of your I noxt meetLig,, which we understand is scheduled for July 3rd. We further respectfully request that your honorable body 4 take no official position in this matter until after the Southern Pacific presentation has been made before you. Sincerely, £ r ink fJ_ I it S June 27g 1961 C-111-0 The Honorable City Council City of �!untigton Brach Iluntingto 3vach,s, Calif. f.~ httsa.r Mr. Doyle Md er City Administrator aentlemena Vie -will appreciate your considering this letter as a " al reques-, by Southern Pacific Company to address your honorable City Council regarding Southern Pac i.ficss applica- tion for Interstate Commerce Commission pomission to control the ''estern Pacific RAilroad. We ask that you kindly place us on the agenda of your next meeting., which,we understand is scheduled for July 3rd. Ve further re3pactfully request that your .honorable body take no official posIbion in this matter sntil after the Southern 'Pacific presentation,has been bade before you Sincerelyp i r bc; Mr. H. E. Freiman Santa .Ana t t ' ri 1 January 13, 1961 Mr. C. A. 'Bauer Cit Attorney 112 Main Strout Huntington Heaoh, Calif. Doar Charlie: In oheaking number 90561, People v. Pacific Electric Railway Company we have determiuzd that the City has cartem•in Interests within the demoribed property. Pollowing Is a list of those thine that we have found that maybe of concern in this matter: 1. The trailer park entrance known as A Street. � 2. An encroachment on than Pacific Elootric right of way of they portion of the northwesterly trailer park well. 3. Encroachments or easements ( I cannot clearly define these) for sewer, water and, gas eervices to the trailer park area. 4. Under our agreement with the Pacific Eloctrio Railway we have improved some 70 partying spaces within this condemnation prooeeding. 5. Asphalt walkweays 9 a wooden footbridges and crater linos in the nor herly portion of they property under condemnation. 6. Sewer lines to concessions. Very truly yours, James E. Wheeler JSW:a City ineer J RYk _ i Octc bex .3 p 1960 Pacific Electric Railway Company l'aoific Electric Buildlitng 610 S. Maim Street Los Angeles 14, Calif-otn .a Dear Sirs 14e have enclosed three ies io;"� a ' agreement 'between the Ci tington Beach and the Pacific E r tail.way Comp&my, which was approved i Council at their x Meetg on Septa 19, f c r egce�eut o f agreement h� your company, pl gUre�.a original copy and return the two cop s to this office. Very truly yours . x Paul C,. Jon+.:s n City Clerk Encl�: ;Y P'J $LD S Icb . 9 � L t - 9•]510 t4 PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET IN R aLY rLEZ.REFER TO LOS ANuELES 14, CALIFORNIA PHONE MADISON 4-6161 E. D. YEUi:ANS File: 161,29 GENERAL ATTORNEY December 4, 1959 Mr. G.A.3ausr City Attorney Huntington Beach California Fie: People vs. Pacific Electric Railway Company, et al - Crangge County Superior Court No. 58603 Dear Sir: Enclosed herewith is revised form of draft of agreement between Pacific Electric Railway Company and the City of Huntington Beach. Please advise if you have any suggested changee in the form. of agreement. This agreement contemplates that an agreement will be entered into with the City of Nevpart Beach either concurrently or prior to the execution of this agreement. This agreemv_,t also contemplates clearing up with Mills Land and ,dater Co. the division of the settlement with the State. As I have previously advised you unless such an agreement as is enclosed is entered into with the City of Huntington Beac'n, Pacific Electric Railway Company will not apply for abandonment of the rail line within i that City or covering any of the property referred to in the enclosed agreement. i In regard to the nature of the title granted in t;Ee deed from dills Land and Water Co. dated May 19, 190", and recorded December 5, 1905, in Book 123, page 91 j of deed, in my opinion this granted fee title a.1d the words "to be used for railroad purposes" does not in any j way limit the title grantee?. See Park vs. Gates, 186 Cal. 151, Cooper vs. Selig, 48 Cal. App. -28. In any event prior to the abandonment of the rsil. line Pacific Electric would be entitled to an award for the condemnation, of a portion of the righ of way. See San Ga briel vs. Pacific is Electric, 129 Cal.A pp . File: 16129 MR. C. A. BAUBR ,:2•:: December 4,1959 460, Santa Monica vs. Jones, 1014. Cal. App. 2d, 1E63. i Yours very truly, F'DY:F'v1H Encl. t k y h �t T Y' }Y ' ,U�aucrQy F I L California �CQUNTY September 18, 1959 C P Pdoifio Electric Railway Company 610 South Min Street Res 106-A-163 (2)al Los Angeles 14, Cali' I-Mia ATTTI s E. Van Dusen, ag�3er Dear Sir, At the regular held meeting of the City Council on Septembey 69 1959, the Council accepted and is agreeable to proceeding on t1ae basis as outlinsd in your letter of July 6, 1959 :referred to above. Very truly yours, J. L. Henricksen, City Clerk JL3 s bpi a C .. r, ADM �L�ITINGTp�, IL 0� �pORA _ Clity of Huntington Beach F�'pUKTY August 18, 1959 C Pacific Electric Rail tvay Company r 610 South main Street File: PEa1116 PLos Angeles 14, California Dear Sirs YAt the regular held meeting of the City Council on August 17, 1959, the City Counoll approved the f abandonment of your traoks in place at your crossing designation 6E-32.80v and attached hereto is the official copy properly executed. Very truly youren T.L. Henricksens City Clerk x JLHsBD:smo '4 1 0-'M d F2269 610 SOUTH MAIN STREET, LOS ANGELES 1 VCALi II dJ'dN7A�(ER� IN REPLY PLEASE REFER TO ltrrtti� - ti. REAL ESTATE DEPARTMENT SOUTHERN DISTRICT E. VAN OUSEN 06-A-183 (2, 1 MANAGER W. W. STEINER ASSISTANT MANAGER July 6, 1959 T, City of Huntington Beach Huntington Beach, California Attention: Mr. Charles A. Bauer City Attorney Gentlemen: ha have had preliridnary negotiations with the Huntington Beach Company for the sale of 11,995 square feet, more or less, of property indicated as Parcel F on the attached copy of Drawing C.E.H. 22102 b, ravised April 9, 1959. Huntington Beach Company is agreeable to acquiring this proper+,y for $7,800. This is at the rate of 650 per square root which,, I understand, is very close to what the City is receiving for the 1 acre, more or less, being sold the the Huntington Beach Company. In this connection, oil, gas, and mineral rights wI' L be reserved, but rot the right of surface entry. If the City of Huntington Beach is agreeable to proceeding on this basis, please let me know, and T will submit to our Management fer approval. This is with the understanding the consideration received will be divided on a fifty-fifty basis between the City and Pacific Electric. � cv Very truly yours, 47 'E. VAN D SEAT F �^ �i C. E._C. E.H. 22102 �y h r' s � I/ y r� . .a F �ot-e/ 4 l Ci� 72 .0- 4.9 PACiFIC ELECTRIC RY.co. OFFICE OF ENGINEER MAINTENANCE AND CONSTRUCTION —RC.RY. CO. AR&R RTY LINE NSWRoRT BEACX LOCATION 1 E SUBJECT �v s ► '� AGREEMENT PLAT . SCALE ®p a DATE 6-. Or<7 f L- y 7- OFFICIALS aAN`INr7/®�h JOHN L. HENRICKSEN CLERK. ADMINISTRATIVE OFFICER RArep /� Yl. //� JAW.FS R.WHEELER \ ? CITY OF L/ (��JZ �Z t ` � /. ENGINEER CHARATT RN BAUF,R n ...�.��������./ �..��..��.. _______ ATTORNEY 'Y y r^ DELBERT G. HIGGINS % Fe g P O� C A I. I F 0 R N I A FIRE CHIEF �CF ISO \fit CLINTON H. WRIGHT CUUtVTY GP POLICE CHSLF /, BPANDER D. CASTLE A�ust 5, 1959 PURCHASING AGENT WILLIAM M.CLEGG COUNCILMEN TREASURER EARL T. IRBY. MAY' NORMAN F. WELLS BUILDING DIRECTOR ROY D. BRYANT ROBERT M. LAMBERT CLIFFORD E.TRIPP VICTOR TERRY PLANNING DIRECTOR NOBLE WAITE 17r. Charles A. Bauer City Attorney Huntington Beach, Califor:.zia BE2AKDO;`a1J ON P.i.R.R. D_-SCRIrMIO1 All items listed ir. order of ap earance in description_, and first four items are n,..mer_.;;ed also on -, reement plat. I. Book 1_23 Pa-e 96 of D,:3ds Granted 60' strip to .I'.R.n. II. Book 294 PaEQ 3B5 of Deeds Granted 100' strip to Ci-;y of ? untie`ton for Ocean. Avenue excepting Iy 1a''ly parcel .:h�.ded on -,, lat. III. Book 533 page 128 of :seeds (act official records) granted it egular parcel to 7.1aritin�ton Beach Company. ICI. cok 1?3 ,cage 01 cf D�_Qds "ranted to 11. E. R. R. portion of 80' stria., of parcel F. Book 455 Page 400 _ _ Official Hecordo L:,-,ranted to City of Iiuntingto-.i B,�a.ch 60 ' strip of land on 11E'ly :amide of Ocean Avearze 40' ,vide) and described in Book 259 Page ?13 (not ,mentioned in description) . ,Ra4i f t l-ST-DM �D•2•D PACIFIOE R. CTRIC RAILWAY400PANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET / LOS ANGELES 14, CALIFORNIA D. R. LEWIS April 10, 1958. File: 321.2-W VICE PRESIDEMT AMD GEi,ERAL MAffAGER Publ f- Utilities Commission �v. � 4 State of California State Building qpp San Francisco, Call fornia �llyof�U�4 7y�- Attention: Par, R. J. Paialich, Secretary ILI Gentlemen: This is with reference to yotir letter of April 2, 1958, whereby- you offer reco.mendat ions for corrective action at the Wi.ntersburg Avenue Crossing 6NC,-31.20: Pacific Electric concurs with Commission's recom- mendation for raeasures to be taken by 'Railway at this cross- ing and arrangements have already been made to make the necessary changes. S am attaching a copy of our Notice SF-295, dated April. 2, 1958, which has been issued to Freight TrainffAa in the Southern District and calling for the by-ning pf fusees during the night hours at this crossing. In addition to this, material has been ordered for two No, 1 refl.eatorized crossing signs which will be installed two feet; closer to the roadway than the existing Standard No. l crossing signs. Pavement in the crossing will be patched as s4.Dn as existing surface dries sufficiently from the .recent rains to permit banding of the asphalt, 1 believe that the foregoing, when accomplished,, will be in full compliance with the Commission's recommendation, Yours very truly$ Copy -• Public Utilities C;ommiosi.on State of California 1000 Mirror Buil.dp.ng ����� Los Angeles 12, California `"' "401ty of 1juntington Beath City Hall Huntington Beadht California Attgntionc Mr. J. L. Hejadricksen, City Clerk •m �1 'tit / !• December 2 s 1957. Il0 ACT�' KA Pacific Electtric Railway Company, 610 so. tlain streeto Los Angeles 14, California. Attentlow Mr. E. Van Dusen Re: CITY Q 2` ING 'ChI'BECF Pacific dem:.Aty Cobpany o Liu 1o187C and Lloy s ey No. U 60842 Dear Mr. Van Duren: {. At the request of" Mr. City Administrator of the City of Hunt on hp we are hereby enclosing a copy of comprehend ility policy No. LAO jo',18700a iseued by the PacIfio mnity Comppa.n<y to the City o Huntington Beach, and a • �'ty of excess liability 'pol cty , Nt o. LA 60 42 by E s of London to the City of Huntington . a ahw o h; poi dies have been issued tar a period o:t ydar , from Septen ber 26, 1957o to SQP-- t tember 26, 62, May all y ration to endorsement No. 2.1attac�heoli I $• to is ndem ty Company polioy No. LAO 1.,0187Y. ;phis B rsemen stzows Pacific Electric RAilway Company and. c ers as ditional insureds under this policy as reopecs"4 a ain a ementa and leases negooiated between the CiV o on Beach and the addiftona1 4,nsuveds. a Trusting this will be satisfactory` for your files, we remain yours very truly l 'CL INC. "D. X. Jones F Y `F } t .Y{ #. } i4 1.4'1 ypy ..,... {' nl#Qf� Yee _4"; 4 •' ....