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RESOLUTION NO. 76-141 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA <br />ANA GRANTING PERMISSION TO THE ATCHISON, TOPEKA AND <br />SANTA FE RAILWAY COMPANY TO CONSTRUCT, MAINTAIN AND <br />OPERATE A RAILROAD CROSSING ACROSS LYON STREET BETWEEN <br />BORCHARD AVENUE AND WILSHIR£ AVENUE IN THE CITY OF SANTA <br />ANA <br /> <br /> BE IT RESOLVED that the City Council of the City of Santa Ana <br />does hereby grant permission to Atchison, Topeka and Santa Fe Railway <br />Company, a corporation (hereinafter referred to as "Permittee") to construct, <br />maintain, and operate a railroad crossing across Lyon Street between Borchard <br />Avenue and Wilshire Avenue in the City of Santa Ana, the location of said <br />crossing being more particularly described in Exhibits "A" and "B", attached <br />hereto and incorporated herein as though fully set forth. <br /> <br /> BE IT FURTHER RESOLVED that the permission hereinabove granted <br />shall not be effective until Permittee executes its written, acknowledged <br />acceptance, on a form substantially similar to Exhibit C, attached hereto, <br />of the following terms, covenants and conditions, and files such acceptance <br />with the Clerk of the Council of the City of Santa Aha: <br /> <br /> 1. Permittee agrees that all construction shall be done in accord- <br />ance with detailed plans and specifications which have been approved by the <br />City Engineer prior to such construction, and that such construction shall <br />be done to the satisfaction of the City Engineer, provided that all construc- <br />tion shall be done in accordance with all requirements of the Public Utilities <br />Commission of the State of California, including requirements for clearances <br />and walkways. <br /> <br /> 2. Permittee agrees to hold harmless and fully indemnify the City <br />of Santa Ana, its officers and employees against any and all claims for <br />damages arising out of or resulting from negligent installation, operation or <br />maintenance by Permittee of the railroad crossing, and for all costs and <br />expenses that the City of Santa Aha might incur as a result of defending <br />against any such litigation. <br /> <br /> 3. Permittee agrees that installation of the railroad crossing, <br />including any crossing protection which may be required by the Public Utilities <br />Commission of the State of California, shall be without cost to the City of <br />Santa Ana. <br /> <br /> ADOPTED this 1Sth day of <br />the following votes: <br /> <br />November <br /> <br />, 1976, by <br /> <br />AYES; COUNCILMEN: <br />NOES; COUNCILMEN: <br />ABSENT; COUNCILMEN: <br /> <br />Ward, Yamamoto, Bricken, <br />Brandt <br /> <br />Bva~s <br /> <br />None <br /> <br />Ortiz, Garthe, <br /> <br />ATTEST <br /> <br />CLERK OF THE COUNCIL <br /> <br />APPROVED AS TO FORM: <br /> <br />KEITH L. GOW <br />CITY ATTORNEY <br /> <br /> <br />