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Resolution 01843RESOLUTION NO. 1843. AUTHORIZING ACCEPTANCE OF GRANT OF EASELENT FOR HIGHWAY PURPOSES, AND EXECUTION OF CONTRACT IN CONNECTION TEEREWITH. WHEREAS, the intersection of Central Avehue and 4th Street in the City of Alameda is at present so constructed as to create a dangerous and unsafe condition for vehicular travel, and the 'traveling public in general, and whereas nubile interest and necessity demands that said intersection be widened, and the paved portion of said intersection extended in a southerly and westerly direetion over and across the right of way of the -Southern Pacific Company and the 'South Pacific Coast Railway Company, and WHEREAS the said Southern Pacific Company and the South Pacific Coast Railway Company have agreed to grant to the City of Alameda en easement over, and the right to construct and maintain a highway upon and across, the real property hereinafter described, and WHEREAS the said Southern Pacific Company and the 'South Pacific Coast .Railway Company have submitted their written contract and indenture embodying the terms and conditions upon which said right of way shall be granted to the said city, which said written indenture is in words and figures as fellows: "This indenture, made this day of 19 , between Southern Pacific Company, a cor- poration of the State of Kentucky, and its Lessor, South Pacific Coast Railway Company, e corporation, herein collectively termed first party, and City of Alameda, a municipal corporation of the State of California, second party. WITNESSETHe That first party hereby grants to second party (subject to the conditions herein- after contained) the right to construct and main- tain a highway upon and across that certain parcel of land situated in the City of Alameda, County of Alameda, State of California, and lying within the railroad right of way of first party, and described is follows, to-wit: BEGINNING at the most southeasterly point of that certain right of way conveyed by Henry H. Height to the Bay and Coast Railroad Company by deed dated May 2nd, 1878, and recorded in Book 161 of Deeds, at page 393, Records or Alameda County, State of California; said point of beginning being located on the southerly projection of the westerly line of Fourth Street, distant thereon 49.46 feet, more or less, southerly from Inc westerly project- ion of the northerly line of that portion of Central Avenue that lies between Fourth Street and Fifth Street in the City of Alameda; running thence North 10 31' East along the said southerly projeetion of the westerly line of Fourth Street, and along the easterly boundary line of the aforesaid rigtt of way a distance of 30.16 feet to the northeasterly corner of said right of way; thence westerly along the northerly line of said right of way, upon the arc of a curve concave to the right and having a radius of 940.4 feet, (tangent to said curve at the last mentioned point bears South 92°26'21" East), an arc distance of 66.68 feet to a point from whence point the tangent to said curve bears North 760 22' 35" West; thence southeasterly along the are of a curve concave to the right and having e radius of 100.00 feet, (tangent to said curve at the last described point bears North 78° 22'35" West, -being common with the tangent for Inc last described curve), an are distance of 76.05 feet to a point in the southerly line of the aforemen- tioned right of way of said railroad; thence along the said southerly line of said right of way along the are of a curve concave to the left and having a radius of 970.4 feet, (tangent to said curve at the last described point bears North 820 26' 58" ,Jest) an arc' distance of 3.00 feet more or less to the point of beginning, containing 662 sq. feet, more or less, and being a portion of that certain right of way conveyed by the aforementioned deed. The above described parcel of land is shown in tinted coloring on blueprint map, Western Division Drawing A -318, Sheet No. 2 -Rev., dated Apr. 1934, hereto attached and made a part hereof. First party agrees to relocate its tro pole from the location shown by yellow circle line to the location shown by red circle line on the said map and to furnish the materials and perform the work necessary to change the said pole to side arm type construction for the purpose of carrying first party's trolley lines, and second party agrees to reimburse first party promptly, upon receipt of bills therefor, for the cost and expense incurred by first party in furnishing the materials and performing the work as herein in this paragraph provided. Second party, as a part of the consideration for this grant of easement, hereby grants first party the right to construct and maintain its trolley pole in the location shown by red circle line on the said blueprint map hereto attached and made a part hereof. The crossing of said highway over the tracks of first party shall be constructed and maintained at the grade of said tracks now or hereafter exist- ing. This grant is subject and subordinate to the prior and continuing right and obligation of first party and its successors to use and maintain its entire railroad right of way and property in per - formance of its public duty as a common carrier, and is also subject to the right and power of first party and its successors in interest or ownership of the said railroad right of way and property, to construct, maintain, use and operate, on the present or other grade, existing or additional railroad tracks and appurtenances thereto, including water and fuel pipe lines and conduits, and telegraph, telephone signal, power and ether electric lines, and other railroad facilities and structures of any kind upon, along or across any or all parts of said land above described, all or any of which may be freely done at any time or times by first party or its successors without liability to second party, or to anyone else, for compensation or damage. And should second party, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the same for said purpose for a continuous period of one year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and first party shall at once have the right, in addition to but not in quali- fication of the rights hereinabove reserved, to resume exclusive possession of the said land, or the part there- of the use of which is so discontinued or abandoned. Second party in consideration of this grant shall with its own forces construct said highway and keep the same in good condition and repair on the premises here - inabove described as long as the same shall be maintained thereon, including any and all paving thereof and other highway improvements at its sole cost end expense; provided, however, that first party shall furnish the materials and perform the work of maintaining said cross- ing between the rails of said tracks and for a distance of not more than two (2) feet from the outside of said rails, and second party expressly agrees to reimburse first party for the cost and expense incurred by first party in furnishinG the materials and perform- ing said maintenance work Promptly upon receipt of bills therefor. Second party further agrees to indemnify and save harmless first party against any and all cost and expense incurred by second party as here. in this paragraph provided. As a further consideration for this grant second party agrees to reimburse first party for any and all assessments which nay be levied by order of any authorized, lawful body against the property of first party (and which may have been paid by first party) to defray any part of the cost or expense incurred by second party in con nection with. the construction, reconstruction, widening, rewidening and/or maintenance of said highway. This instrument is subject to all valid and existing contracts, lenoes, liens or encumbrances or claims of title which nay affect the said pro- perty, and the word grant as used herein shall not be construed as a covenant against the existence of any thereof. IN WITNESS WHEREOF', the parties hereto have caused these presents to be execut- ed by their respective officers thereunto duly authorized, the day and year first above written. (In Triplicate) Description Correct Division Engineer Recommended: Superintendent. Form Approved: A. E. Stewart Contract Attorney, SOUTHERN PACIFIC COMPANY. By Vice ?resident. Attest: Assistant Gecty, SOUTH PACIFIC COAST RAILWAY COMPANY. By Vice President. Attest Assistant Sealy, CITY OF ALAMEDA, a municipal cor- poration of the State of California, By Mayor, Attest Clerk. Vt LUD 7,TiariaLS all of the terms and conditions contained in said indenture are satis- factory and acceptable to the City of Alameda, NOW TFaRNFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY 013 ALAMEDA, that the grant of easement and right to construct and maintain a highway upon the parcel of real property in the aforesaid indenture described, be, and is hereby accepted upon all the terms and conditions herein, and in said indenture, contained. BE IT FURTEER RESOLVED: That the Mayor of the City of Alameda, and the City Clerk thereof, be, and they are hereby authorized to execute and attest the said indenture by and on behalf, and as the act and deed or the City of Alameda. APPROVED AS TO FORE': N. Albert George, City' Attorney. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the Coty of Alameda in regular meet- ing assembled on the 5th day of June, 1934, by the following vote, to wit: AYES: Councilmen Eruzzone, Eschen, Morris, Tiedemann and President Murray (5) NOES: None., ABSENT: None, IN TESTIMONY WEFECF, I have hereunto set my hand and affixed the official seal of said City this 6th day of June, 1934. D. ELMER DYER. City Clerk of the City of Alameda. (H.SEAL OF TEE CITY))) OF ALAMEDA. I hereby certify that the foregoing Resolution is a full, true and correct copy of "RESOLUTIONmNO. 1843, AUTHORIZING ACCEPTANCE OF GRANT OF EAAEMENT FOR HIGHWAY PUR- POSES, AND EXECUTION OF CONTRACT IN CONNECTION THAREWITH"-peesed by the Council of the City of Alameda in regular meeting assembled on the 5th day of June, 1934. Gityr„Clerk-of -the/city of Alameda.