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RESOLUTION NO. 77-36 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />GRANTING PERMISSION TO THE SOUTHERN PACIFIC TRANSPORTATION <br />COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A SPUR CROSSING <br />ACROSS ALTON AVENUE, BETWEEN FAIRVIEW STREET AND SUSAN STREET <br />IN THE CITY OF SANTA ANA <br /> <br /> BE IT RESOLVED that the City Council of the City of Santa Ana does <br />hereby grant permission to Southern Pacific Transportation Company, a corporation <br />(hereinafter referred to as "Permittee") to construct, maintain, and operate a <br />spur track railroad crossing across Alton Avenue between Fairview Street and <br />Susan Street in the City of Santa Ana, the location of said crossing being more <br />particularly described in Exhibits "A" and "B", attached hereto and incorporated <br />herein as though fully set forth. <br /> <br /> BE IT FURTHER RESOLVED that the permission hereinabove granted shall <br />not be effective until Permittee executes its written, acknowledged acceptance, <br />on a form substantially similar to Exhibit C, attached hereto, of the following <br />terms, covenants and conditions, and files such acceptance with the Clerk of the <br />Council of the City of Santa Ana: <br /> <br /> 1. Permittee agrees that all construction shall be done in accordance <br />with detailed plans and specifications which shall have been approved by the City <br />Engineer prior to such construction, and that such construction shall be done to <br />the satisfaction of the City Engineer, provided that all construction shall be <br />done in accordance with all requirements of the Public Utilities Commission of <br />the State of California, including requirements for clearances and walkways. <br /> <br /> 2. Whereas the City of Santa Ana has designated the northerly eight (8) <br />feet of the Alton Avenue right of way as a bike trail, Permittee agrees to keep <br />that portion of the crossing which falls within said northerly eight (8) feet of <br />the Alton Avenue right of way free and clear of all obstructions, including signs, <br />during all times Permittee maintains and operates said crossing, except as may <br />be otherwise required by the Public Utilities Commission of the State of California. <br /> <br /> 3. Permittee agrees to hold harmless and fully indemnify the City of <br />Santa Ana, its officers and employees, against any and all claims and suits 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 expenses <br />that the City of Santa Ana might incur as a result of defending against any such <br />litigation. <br /> <br /> 4. Permittee agrees that installation of the railroad crossing, in- <br />cluding 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 21st day of March <br />following vote: <br /> <br /> AYES, COUNCILMEN: Brandt, EYans, <br /> Garthe, Ward <br /> NOES, COUNCILMEN: None <br /> <br />· 1977 by the <br /> <br />Ortiz, Yamamoto, <br /> <br />ABSENT, COUNCILMEN: Bricken <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 />