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

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03L tion: Councilmen: ARMSTRONG, BRITSCHGI, FLETCHER, GRANGER, MoNULTY, and HILTON. NOES, and against the passage and adoption of the foregoing resolu- tion: Councilmen: NONE ABSENT: Councilmen: ANDERSON W. W. HILTON Mayor of the City of Redwood City ATTEST: RALPH S. DODGE Clerk of the City of Redwood City I hereby approve the foregoing Resolution this 18th day of March, 1946. W. W. HILTON Mayor of the City of Redwood City City Attorney McCarthy reported that he had been asked to make a report on the status of Pennsylvania Avenue and that he had been instructed to have the California Pacific Title and Trust Company give a title report. The title company reported they would not be able to give such a report for several months. In the meantime, City Manager Blom discovered an old or- dinance passed in 1912 which granted a franchise to the Southern Pacific Company for fifty years, part of which is a strip of land adjacent to north- erly line of the permanent right-of-way, street being a uniform width of twenty feet and extending from the west line of Winslow to the center line of the main Redwood Creek. The creek is practically identical with the westerly line of Hamilton. The'franchise was outside of_the forty foot right-of-way. The ordinance provides that the Southern Pacific permit the city the joint use of 18.5 feet from the westerly line of Winslow line to the easterly line of Redwood City. He said that in the franchise the city has the right to jointly use the easterly 18.5 feet of Pennsylvania Avenue from Winslow Street to the city line. All tracks laid by the rail- road company must be laid and maintained flush with the surface. thereof. It was the City Attorney's contention that the City had the right to use this 18.5 strip on Pennsylvania Avenue between Winslow and Maple as long as the franchise is in effect. In 1915, the present railroad commission was formed and power granted to them to grant such franchises. In 1962, the expiration of the franchise, it would be necessary for the railroad company to apply to the railroad commission and he did not know whether the railroad commission would grant the city the right to use this property at that time or not but that the city would have the right to use it up to the expiration of the present franchise. Councilman Fletcher left the meeting. Councilman Granger asked if it would be in order to establish setback lines before the receipt of the title report. City Attorney McCarthy believed it would be s%fer to wait until receipt of this report. He.said, however, that Mr. Robb, who had petitioned for the additional setback, was of the impression that property owners along this street would be willing to 293