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KLG:ar 5/30/79 RESOLUTION NO. 79-85 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 TRACK CROSSING ACROSS PROPOSED YALE STREET, APPROXIMATELY 460 FEET NORTH OF SEGERSTROM AVENUE, IN THE CITY OF SANTA ANAJ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: That, upon and subject to each and all of the condi- tions and covenants hereinafter specified, permission is hereby granted by the City of Santa Ana to Southern Pacific Transportation Company, a Delaware corporation ("permittee"), to construct, maintain, and operate a spur track railroad crossing across the City's right-of-way for proposed Yale Street, approximately 460 feet north of Segerstrom Avenue, in the City of Santa Ana, the location of said crossing being more particularly described and shown in "Exhibit A" and "Exhibit ~", respectively, which are attached hereto and incorporated herein by this reference. The permission hereinabove granted is expressly condi- tioned upon execution and delivery to the Clerk of the Council by permittee of its written acceptance, in form substantially similar to "Exhibit C", attached hereto and by this reference incorporated herein, of the following terms and covenants, each and all of which shall also be deemed to be conditions subsequent to the grant of said permission: 1. Permittee agrees that all construction and recon- struction of said spur track crossing shall be done in accor- dance with detailed plans and specifications, which have been approved by the Director of Public Works of the City prior to such construction or reconstruction, and that such construction or reconstruction shall be done to the satis- faction of said Director of Public Works and in accordance with all requirements of the Public Utilities Commission of the State of California, including, but not by way of limita- tion, requirements for clearances and walkways. 2. Permittee agrees to indemnify and hold harmless the City of Santa Ana, its officers and employees, from and against any and all claims and suits for damages arising out of or resulting in any manner from the negligent construc- tion, reconstruction, operation, maintainence or removal by permittee of said spur track crossing, any dangerous or defective condition of public property created or maintained thereby, and all costs and expenses that the City of Santa Ana might incur in defense of any such claim or suit. 3. Permittee agrees that construction, reconstruction,