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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.
RESOLUTION NO. 76-43
PAGE TWO
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 19th
day of April , 1976.
ATTEST:
FLORENCE I. MALONE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE,
Clerk of the Council of the City of Santa Ana; that the
going Resolution was introduced to said Council at its
regular meeting held on the 19th day of ~pril~
1976, and was at said meeting passed and adopted by the
vote, to wit:
do hereby certify that I am the
fore-
following
AYES, COUNCILMEN: EvanS, Ward, Bricken, 0rtiz,
Yamamoto, Garthe, Brandt
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
FLORENCE I. MA. LONE
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
Centerline description of a proposed spur track crossing
Alton Avenue, in the City of Santa Ana, County of Orange, State
of California.
Commencing at a point in the centerline of Alton Avenue
as said centerline is shown on that certain Parcel Map filed in
Book 65, page 42 of Parcel Maps, in the Office of the County Re-
corder of said County, said point being distant North 88° 25' 02"
East, along said centerline 319.82 feet from its intersection
with the centerline of Susan Street, as said last mentioned center-
line and said street are shown on said certain Parcel Map, said
point being a point in a non-tangent curve, concave southwesterly
and having a radius of 341.90 feet, a radial line of said curve
to said point bears North 29° 44' 22" East;
thence northwesterly along said curve, (through a central
angle of 7° 12' 39") an arc distance of 43.03 feet to the "TRUE
POINT OF BEGINNING" in the northerly line of said Alton Avenue,
said "TRUE POINT OF BEGINNING" being distant North 88° 25' 02"
East, along said northerly line 281.67 feet from said centerline
of Susan Street;
thence southeasterly along the arc of said curve and its
southeasterly continuation, through a central angle of 17° 08'04",
a distance of 102.25 feet to a point in the southerly line of
said Alton Avenue, said last mentioned point being distant North
88° 25' 02" East, along said southerly line 367.64 feet from the
southerly prolongation of said centerline of Susan Street.
EXHIBIT A
I
lt;X.~,' ~ ~...
STREE_T. ..
5£BZ£;/'-- _¢,~'
ACCEPTANCE
In consideration of the granting to it by the City
of Santa Aha of the permission contained in Resolution No.
76-43 , adopted by the Council of the City of Santa Ana
on the 19th day of April , 1976, SOUTHERN
PACIFIC TRANSPORTATION COMPANY, a corporation, its successors
and assigns, hereby accept the conditions, tezTas, covenants
and obligations upon which the foregoing per~%it is granted and
agree and covenant to be bound by all the terms, conditions and
provisions thereof.
DATEDI April 19 , 1976
SOUTHERN PACIFIC TRANSPORTATION
COMPANY, a .corporation
Title
By
Titlel
STATE OF CALIFOP~IA
) Ss
COUNTY OF ORANGE )
On . , before me,
the undersigned, a NOtary Public in and for said County and
State, personally appeared ,
known to me to be the ,
and , known to m~ to be the
.., of the corporation that
executed the within instrument and known to me to be the per-
sons who executed the within instrument on behalf of the cor-
poration therein named, and acknowledged to me that such cor-
poration executed the same pursuant to its by-laws or a reso-
lution of its board of directors.
Witness my hand and official seal the day and year
first hereinabovewritten.
Nota~ Public in and 'for the
County of Orange, State of
California
My Commission expiresI'
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