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REL: 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.