BOOK 20_1945-05-21 to 1946-09-03

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214 Chamberlain, Ltd. with some additions. The additions provide for the pave- ment of the area next to the tracks, provides that no platform or other structure is to be maintained within the area of Bay Road and also that the �1 railroad would be commenced within three months after the California Rail- road Commission approves an application of the Southern Pacific to operate over the drill track, which application must be made within two months of —I the effective date of the ordinance. Councilman Fletcher moved, seconded by Councilman McNulty, introduction of the ordinance granting an easement over Chestnut Street and Bay Road. Under the question, Councilman Britschgi raised the question as to whether ten feet would be sufficient to allow i for clearance. There was considerable discussion on this matter and it A was finally decided that instead of specifying ten feet the amount of the easement would be the minimum amount acceptabel to the Railroad Commission. Motion passed unanimously. Communication w4A received from John M. Robb requesting that the Council pass an ordinance establishing setback lines on all lands adjoining or adjacent to Pennsylvania Avenue on the northeasterly side from the easterly line of Winslow Street to the north*b'st.eJ!ly.line of Spruce Street to a distance .of not less then forty feet. The City Attorney was asked to give a report on the status of -Pennsylvania Avenue, City Attorney MoCarthyrladvigedethat he believed the title to Pennsylvania Avenue is in the Souther Pacific Company. The title company is, in doubt about the title. Mr. McCarthy ex- pressed the opinion that it would be very difficult to establish title to this street. He suggested that the title company might be asked for a report. Councilman Granger was of the opinion that a definite answer should be had in the matter. Councilman Fletcher moved, seconded by Council-. man Britschgi, that the City Manager be instructed to get a report from the title company as to the status of Pennsylvania Avenue including all of Pennsylvania Avenue down to Spruce Street. Motion passed unanimously. City Manager Blom advised that he had been instructed to find out what steps were necessary'in order to permit the starting of improvements in -the first por- tion of the Carson -Monckton Tract. It was,his understanding that the first thing that must be done is to file a map of the first area which the sub- dividers propose to develop together with some form of guarantee that the street work will be done in 'accordance with city requirements. It will be necessary that a -bond be posted or some other method of security agreeable to the Council. The proceedings would be carried out under the 1911 Bond Act. He believed the city should have a quarantee covering the preliminary engineering and legal assistance which should total about $5000. A portion of that sum has already been advanced to Mr. Willis Frost. For the re- mainder of the work to be done, he said he would recommend that the city ask for an additional $4000 to be advanced which would cover the additional work to be done by Mr. Frost and the cost of the proceedings. He said it would be necessary to make a change in the tentative man as submitted so that some additional lots will be included. There is alsti a question as to L