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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,
RESOLUTION NO. 79-85
PAGE TWO
maintenance, operation, and removal of said spur track
crossing, including, but not by way of limitation, any and
all crossing protection that may be required to be installed
by rule of the Public Utilities Commission of the State of
California, shall be done at the sole cost and expense of
permittee.
ADOPTED this 4th day of June
1979, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Bricken, Griset, Luxembourger, Markel,
Serrato, Ward, Yamamoto
COUNCILMEN: None
COUNCILMEN: None
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
EXHIBIT "A"
That portion of Parcel 2 in the City of Santa Ana, County
of Orange, State of California,'as shown on the map filed
in Book 112, Pages 36 and 37 of Parcel MapS~in the office
of the County Recorder of said County described as follows=
commencing at the centerline intersectip~ of Segerstrom
Avenue and Yale Street as shown on said map; thence.North
1° 19~ 45" West 452.97 feet to the TRUE POINT OF BEGINNING,
said point being on the Southerly line of tha~certain
Grant of Easement, 19.00 feet in' width as described in the
deed to the Southern Pacific Transportation Company,
recorded January 3, 1979 in Book 12987, Page 1271 of
Official Records in the office of said County Recorder;
thence along said Southerly line, the following courses=
South 88° 40' 15" West 15.55 feet to the beginning of a
tangent curve, concave Southerly having a radius' of 318.22
feet & Westerly 14.46 feet along said curve through a
central angle of 2° 36' 10" to a line parallel with and
Westerly 30.00 feet from the Northerly prolongation of
that certain course described above as "North 1° 19' 45"
West 452.97 feet~" thence North 1° 19' 45" West 19.02 feet
along said parallel line to a point on the Northerly line
of said easement, said Northerly line being a curve concave
Southerly having a radius of 337.22 feet, a radial line to
said point bears North 3° 47' 07" West; thence along said
Northerly line, the following courses: Easterly 14.46 feet
along said curve through a central angle of 2° 27' 22" and
North 88° 40' 15" East 45.82 feet to a point on a non-tangent
curve concave Southeasterly having a radius of 62.00 feet,
a radial line to said point bears North 85° 59' 50" West;
thence Southwesterly 5.77 feet along said curve through a
central angle of 5° 19' 55" to a line parallel with and
Easterly 30.00 feet from said Northerly prolongation;
thence South 1° 19' 45" East 13.24 feet along said last
mentioned parallel line to said Southerly line; thence
South 88° 40' 15" West 30.00 feet along said Southerly line
to the True Point of Beginning.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
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IRVINE, CALIFORNIA 92707
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APPROVED BY
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SURVEYED BY
CHECKED BY
FIELD BOOK
JOB NO.
5/30/79
EXHIBIT C
ACCEPTANCE
In consideration of the permission granted by the City
of Santa Ana in Resolution No. 79- adopted by the City
Council of the City of Santa Aha on ,
19 ~ Southern Pacific Transportat~-~ Company~ a Delaware
corpo~ation~ on behalf of itself~ its successors an4 assigns,
hereby accepts the terms, covenants, and conditions upon
which said permission is granted~ and agrees and covenants
to be bound by each and all of the same.
Dated: ~ 19
SOUTHERN PACIFIC TRANSPORTATION
COMPANY, a Delaware corporation
by
Title:
by
Ti~ie:
(Attach corporate seal and
corporate ack~nowledgment)