HomeMy WebLinkAbout76-141RESOLUTION NO. 76-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA GRANTING PERMISSION TO THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY TO CONSTRUCT, MAINTAIN AND
OPERATE A RAILROAD CROSSING ACROSS LYON STREET BETWEEN
BORCHARD AVENUE AND WILSHIR£ AVENUE IN THE CITY OF SANTA
ANA
BE IT RESOLVED that the City Council of the City of Santa Ana
does hereby grant permission to Atchison, Topeka and Santa Fe Railway
Company, a corporation (hereinafter referred to as "Permittee") to construct,
maintain, and operate a railroad crossing across Lyon Street between Borchard
Avenue and Wilshire Avenue 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 hereinabove 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 Aha:
1. Permittee agrees that all construction shall be done in accord-
ance with detailed plans and specifications which have been approved by the
City Engineer prior to such construction, and that such construction shall
be done to the satisfaction of the City Engineer, provided that all construc-
tion shall be done in accordance with all requirements of the Public Utilities
Commission of the State of California, including requirements for clearances
and walkways.
2. Permittee agrees to hold harmless and fully indemnify 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 Aha might incur as a result of defending
against any such litigation.
3. 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 without cost to the City of
Santa Ana.
ADOPTED this 1Sth day of
the following votes:
November
, 1976, by
AYES; COUNCILMEN:
NOES; COUNCILMEN:
ABSENT; COUNCILMEN:
Ward, Yamamoto, Bricken,
Brandt
Bva~s
None
Ortiz, Garthe,
ATTEST
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
J
T
i9.4 AC.
/
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PROPERTY LOCATION MAP
SANTA ANA, CALIFORnia.
EXHIBIT B
RE-' CA-09-14
LEGAL DISCRIPTION
~.~at Certai~ 'Meal prope,Tty situate in the City
of Santa Aha, County of Oranq~ s'hate of California, being a
portion of the Northwest quitter of section 20, TOwnship 5
South, Range 9 ~:est, being ~ stri~ of lan~ 30 feet in width,
the center line of which is more particularly described as
follOws:
Beginning at a point on the west line of Lyon street
as shown on Record of Survey filed October 1, 1975, An Book 96,
page 47, of Records of Surveys of said County, distant South 0~
32~05'' ~est thereon 194.52 feet from the north line of said
section 20~ thence North 89°16s32" East 60.02 feet to the
easterly line of said Lyon Street.
The s~de lines of said strip shall originate An said
westerly line of Lyon Street and shall terminate'in said easterly
line of Lyon Street.
Said strip contains an area of 0o0413 of an acre,
raore or less.
LF:fs
ACCEPTANCE
In consideration of the granting to it by the City of Santa Ana of
the permission contained in Resolution No. , adopted by the Council
of the City of Santa Aha on the ~ay of , 1976,
Atchison, Topeka and Santa Fe Ra~ay Company, a corporation, its successors
and assigns, hereby accept the conditions, terms, covenants and obligations
upon which the foregoing permit is granted and agree and covenant to be bound
by all the terms, conditions and provisions thereof.
Dated: , lg76
ATCHISON, TOPEKA AND SAN?A FE RAILWAY COMPANY,
a corporation
Title:
Title:
STATE OF CALIFORNIA )
) 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 me to be the , of the
corporation that executed the within instrument and known to me to be the
persons who executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation executed the
same pursuant to its. by-laws or a resolution of its board of directors.
Witness my hand and official seal the day and year first hereinabove
written.
Not'ary Public in and for the
County of Orange, State of California
My CommisSion expires:'
EXHIBIT "C"