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HomeMy WebLinkAbout76-141RESOLUTION NO. 76-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING PERMISSION TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD CROSSING ACROSS LYON STREET BETWEEN BORCHARD AVENUE AND WILSHIR£ AVENUE IN THE CITY OF SANTA ANA BE IT RESOLVED that the City Council of the City of Santa Ana does hereby grant permission to Atchison, Topeka and Santa Fe Railway Company, a corporation (hereinafter referred to as "Permittee") to construct, maintain, and operate a railroad crossing across Lyon Street between Borchard Avenue and Wilshire Avenue 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 hereinabove 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 Aha: 1. Permittee agrees that all construction shall be done in accord- ance with detailed plans and specifications which have been approved by the City Engineer prior to such construction, and that such construction shall be done to the satisfaction of the City Engineer, provided that all construc- tion shall be done in accordance with all requirements of the Public Utilities Commission of the State of California, including requirements for clearances and walkways. 2. Permittee agrees to hold harmless and fully indemnify 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 Aha might incur as a result of defending against any such litigation. 3. 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 without cost to the City of Santa Ana. ADOPTED this 1Sth day of the following votes: November , 1976, by AYES; COUNCILMEN: NOES; COUNCILMEN: ABSENT; COUNCILMEN: Ward, Yamamoto, Bricken, Brandt Bva~s None Ortiz, Garthe, ATTEST CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY J T i9.4 AC. / .... ~' _' L_' L:. '_" ~ __ '. _'" .. PROPERTY LOCATION MAP SANTA ANA, CALIFORnia. EXHIBIT B RE-' CA-09-14 LEGAL DISCRIPTION ~.~at Certai~ 'Meal prope,Tty situate in the City of Santa Aha, County of Oranq~ s'hate of California, being a portion of the Northwest quitter of section 20, TOwnship 5 South, Range 9 ~:est, being ~ stri~ of lan~ 30 feet in width, the center line of which is more particularly described as follOws: Beginning at a point on the west line of Lyon street as shown on Record of Survey filed October 1, 1975, An Book 96, page 47, of Records of Surveys of said County, distant South 0~ 32~05'' ~est thereon 194.52 feet from the north line of said section 20~ thence North 89°16s32" East 60.02 feet to the easterly line of said Lyon Street. The s~de lines of said strip shall originate An said westerly line of Lyon Street and shall terminate'in said easterly line of Lyon Street. Said strip contains an area of 0o0413 of an acre, raore or less. LF:fs ACCEPTANCE In consideration of the granting to it by the City of Santa Ana of the permission contained in Resolution No. , adopted by the Council of the City of Santa Aha on the ~ay of , 1976, Atchison, Topeka and Santa Fe Ra~ay Company, a corporation, its successors and assigns, hereby accept the conditions, terms, covenants and obligations upon which the foregoing permit is granted and agree and covenant to be bound by all the terms, conditions and provisions thereof. Dated: , lg76 ATCHISON, TOPEKA AND SAN?A FE RAILWAY COMPANY, a corporation Title: Title: STATE OF CALIFORNIA ) ) 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 me to be the , of the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same pursuant to its. by-laws or a resolution of its board of directors. Witness my hand and official seal the day and year first hereinabove written. Not'ary Public in and for the County of Orange, State of California My CommisSion expires:' EXHIBIT "C"