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HomeMy WebLinkAbout77-036RESOLUTION NO. 77-36 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 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 Ana: 1. Permittee agrees that all construction shall be done in accordance with detailed plans and specifications which shall 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 construction 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. 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 crossing 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 Commission of the State of California. 3. Permittee agrees to hold harmless and fully indemnify the City of Santa Ana, its officers and employees, against any and all claims and suits 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, in- cluding 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 21st day of March following vote: AYES, COUNCILMEN: Brandt, EYans, Garthe, Ward NOES, COUNCILMEN: None · 1977 by the Ortiz, Yamamoto, ABSENT, COUNCILMEN: Bricken ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM:/ KEITH L. GOW CITY ATTORNEY Cente~l~ue dealt/priori of & ~ropoaed spur track eroes~ ~LTON ~en~rl~e t~ ~o~ ~ ~ ce~ P~el ~p filed of P~el ~ps, ~ ~e O~ICE of ~e C~ ~eco~r of ~d ~, s~d feet f~ its ~rseoti~ ~ ~e o~rl~e of F~ S~'A~, as said last ~oned c~rl~e ~d ~d s~eet ~ ~o~ ~ ~d P~el ~p, ~id ~t ~ a ~t ~ a n~-~t e~e, concave ~u~- eas~r~ ~d ~ a ~s of R-~.72 feet, a ra~ ~e f~ ~e ~ence no~eas~r~ ~o~ ~e ~ of ~id e~e ~ a eentr~ ~le of ~'~9'17", a ~s~oe of 57.13 f~t ~G" ~ ~e ~o~er~ l~e of s~d ~n Av~ue, s~d "~ P0~ ~ ~G" ~ ~s~t ~ ~'~7'28" West, ~o~ l~e ~3.~ feet f~ a~d e~r~e of F~ S~etl ~ce s~s~rly ~ ~e ~ of ~id ~e ~d ~u~r~ p~lo~a~, ~ a ~1 ~e of 21e~'15'' of 12k.~3 feet ~ a ~t ~ ~e a~er~ ~-e of ~d ~n Ave., last e~d ~t ~ ~s~t e~ ~'~7'28" ~st, ~o~ ~d ~u~er~ ~.~ feet f~ ~e s~er~ p~lo~ation of s~d e~rl~e of F~ew S~et. \ \\ EXHIBIT B 88 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 day of , 1977, SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, for itself, its successors and assigns, here- by accepts the conditions, terms, covenants and obligations upon which the foregoing permit is granted and agrees and covenants to be bound by all the terms, conditions and provisions thereof. DATED: , 1977 SOUTHERN PACIFIC TP~ANSPORTATION CO~IPANY, a corporation By. Title: Bv 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 , 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 cor- poration 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. Notary Public in and for the County of Orange, State of California My Commission expires: E~IBIT "C"