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REL: nr RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING REVOCABLE PER- MISSION TO THE SOUTHERN PACIFIC TRANSPORTA- TION 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 revocable 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 Fair- view Street and Susan Street in the City of Santa Ana, the loca- tion of said crossing being more particularly described in Exhi- bits "A" and "B", attached hereto and incorporated herein as though fully set forth, subject to the following terms, conditions and covenants: 1o This permit shall be revocable at any time at the will of the City Council of the City of Santa Ana and without liability therefor on the part of the City of Santa Ana upon the giving of one (1) year notice in writing. 2. Ail construction shall be done in accordance with detailed plans and specifications which have been previously approved by the City Engineer. All construction work shall be done to the satisfaction of the City Engineer. 3. 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 shall keep that portion of the crossing which falls within the 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 the said crossing. 4. Ail laws and rules and regulations of the State of California and of the City of Santa Ana applicable to the privi- leges granted hereby shall be complied with. 5. Any increased costs to City of operating, maintain- ing or improving the present or any future public right of way on Alton Avenue, referred to above, which results directly or indirectly from Permittee's encroachment thereon, shall be borne by Permittee and shall be reimbursed to City upon demand. 6. Permittee shall hold harmless and indemnify the City, its officers and employees, from any and all claims for damages arising out of or resulting from the design, installa- tion, construction, maintenance, or operation of the aforesaid crossing. Permittee shall pay all expenses in defending against any such claim made against the City and/or its officers and employees.