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HomeMy WebLinkAbout76-043REL: nr 4-8-76 RESOLUTION NO. 76-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING PERMISSION TO THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR CROSSING ACROSS ALTON AVENUE, BETWEEN FAIRVIEW STREET AND SUSAN STREET IN THE CITY OF SANTA ANA BE IT RESOLVED that the City Council of the City of Santa Ana does hereby grant permission to Southern Pacific Transportation Company, a corporation (hereinafter referred to as "Permittee") to construct, maintain, and operate a spur track railroad crossing across Alton Avenue between Fairview Street and Susan Street in the City of Santa Ana, the location of said crossing being more particularly described in Exhibits "A" and "B", attached hereto and incorporated herein as though fully set forth. BE IT FURTHER RESOLVED that the permission herein- above granted shall not be effective until Permittee executes its written, acknowledged acceptance, on a form substantially similar to Exhibit C, attached hereto, of the following terms, covenants and conditions, and files such acceptance with the Clerk of the Council of the City of Santa Ana: 1. Permittee agrees that all construction shall be done in accordance with detailed plans and specifications which have been approved by the City Engineer prior to such construc- tion, and that such construction shall be done to the satisfac- tion of the City Engineer, provided that all construction shall be done in accordance with all requirements of the Public Utili- ties Commission of the State of California, including require- ments for clearances and walkways. 2. Whereas the City of Santa Ana has designated the northerly eight (8) feet of the Alton Avenue right-of-way as a bike trail, Permittee agrees to keep that portion of the cross- ing which falls within said northerly eight (8) feet of the Alton Avenue right-of-way free and clear of all obstructions, including signs, during all times Permittee maintains and operates said crossing, except as may be otherwise required by the Public Utilities Co~mission of the State of California. 3. Permittee agrees to hold harmless and fully indem- nify the City of Santa Ana, its officers and employees against any and all claims for damages arising out of or resulting from negligent installation, operation or maintenance by Permittee of the railroad crossing, and for all costs and expenses that the City of Santa Ana might incur as a result of defending against any such litigation. 4. Permittee agrees that installation of the railroad crossing, including any crossing protection which may be required by the Public Utilities Commission of the State of California, shall be witho%~t cost to the City of Santa Ana. BE IT FURTHER RESOLVED that Resolution No. 76-13 of this Council, adopted January 19, 1976, is hereby repealed. RESOLUTION NO. 76-43 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 19th day of April , 1976. ATTEST: FLORENCE I. MALONE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, Clerk of the Council of the City of Santa Ana; that the going Resolution was introduced to said Council at its regular meeting held on the 19th day of ~pril~ 1976, and was at said meeting passed and adopted by the vote, to wit: do hereby certify that I am the fore- following AYES, COUNCILMEN: EvanS, Ward, Bricken, 0rtiz, Yamamoto, Garthe, Brandt NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None FLORENCE I. MA. LONE APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY Centerline description of a proposed spur track crossing Alton Avenue, in the City of Santa Ana, County of Orange, State of California. Commencing at a point in the centerline of Alton Avenue as said centerline is shown on that certain Parcel Map filed in Book 65, page 42 of Parcel Maps, in the Office of the County Re- corder of said County, said point being distant North 88° 25' 02" East, along said centerline 319.82 feet from its intersection with the centerline of Susan Street, as said last mentioned center- line and said street are shown on said certain Parcel Map, said point being a point in a non-tangent curve, concave southwesterly and having a radius of 341.90 feet, a radial line of said curve to said point bears North 29° 44' 22" East; thence northwesterly along said curve, (through a central angle of 7° 12' 39") an arc distance of 43.03 feet to the "TRUE POINT OF BEGINNING" in the northerly line of said Alton Avenue, said "TRUE POINT OF BEGINNING" being distant North 88° 25' 02" East, along said northerly line 281.67 feet from said centerline of Susan Street; thence southeasterly along the arc of said curve and its southeasterly continuation, through a central angle of 17° 08'04", a distance of 102.25 feet to a point in the southerly line of said Alton Avenue, said last mentioned point being distant North 88° 25' 02" East, along said southerly line 367.64 feet from the southerly prolongation of said centerline of Susan Street. EXHIBIT A I lt;X.~,' ~ ~... STREE_T. .. 5£BZ£;/'-- _¢,~' ACCEPTANCE In consideration of the granting to it by the City of Santa Aha of the permission contained in Resolution No. 76-43 , adopted by the Council of the City of Santa Ana on the 19th day of April , 1976, SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, its successors and assigns, hereby accept the conditions, tezTas, covenants and obligations upon which the foregoing per~%it is granted and agree and covenant to be bound by all the terms, conditions and provisions thereof. DATEDI April 19 , 1976 SOUTHERN PACIFIC TRANSPORTATION COMPANY, a .corporation Title By Titlel STATE OF CALIFOP~IA ) Ss COUNTY OF ORANGE ) On . , before me, the undersigned, a NOtary Public in and for said County and State, personally appeared , known to me to be the , and , known to m~ to be the .., of the corporation that executed the within instrument and known to me to be the per- sons who executed the within instrument on behalf of the cor- poration therein named, and acknowledged to me that such cor- poration executed the same pursuant to its by-laws or a reso- lution of its board of directors. Witness my hand and official seal the day and year first hereinabovewritten. Nota~ Public in and 'for the County of Orange, State of California My Commission expiresI' $?