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Resolution 05639RESOLUTION NO. 5639 RESOLUTION 0 1 COUNCIL OF THE CITY OF ALAIBEDA AUTHORIZING INSTALLATION BY SOUTHERN' PACIFIC COIHFANY OF RAILROAD SPUR TRACKAGE IN AND ACROSS BILATDING AVENUE AND EVERETT STREET, jnITHIN THE CITY OF ALAMEDA. BD IT RESOLVED BY TRE COUNCIL OF lnl CITY OF ALANEDA: SECTION 1. That a permit "o, and is hereby, granted to tne Southern Pacific Company, a corporation, to construct, reconstruct, maintain and operate railroad spur trackage in and. across Blanding Avenue and Everett Street, in the City of Alameda, County of Alameda, Utate of California, the location of said spur trackage being par- ticularly described as follows: BLANDING AVENUE: BEGINNING at a point of switch in an existing Southern Pacific Comoany drill track located along the center line of Blanding Avenue (60 feet wide) distant westerly •thereon 165 feet from the direct extension of the Wrest line of Everett Street (60 feet wide); thence easterly along said Blanding Avenue throuEh a Southern Pacific Company standard number 7 turnout, having an angle of 8';' 10' left, a distance of 70 feet ; thence continuing easterly alonm and across said Blanding Avenue on a curve to the left having a radius of 159 feet a. distance of 70 feet to a point in the north line of said Blanding Avenue, distant westerly thereon 30 feet from th from the intersection. thereof with the west line of said Everett Street. EVERETT STREET: EEGINNING at a point in the west line of Everett Street (60 feet wide), distant northerly thereon 27 feet from the intersection thereof with the north line of Blacing Avenue (o feet wide); thence northeasterly along said Everett Street on a curve to the left hawing a radius of 159 feet, distance of 113 feet tc a point in a line parallel wit5 . and distant easterly 40 feet measured at right angles from the west line of said Everett Street; thence continuing northeasterly- along said Everett Street, being along said parallel line and tangent tc 12st said curve at last men- tioned point, a distance of 3C feet to the property of National iron Works; the icc ation of sdid track being also delineated in red on that certain map entitled outhern Pacific Company -- Pacific Lines -- Alameda, Proposed Spur Track -- National Iron Works, kestern Div 'n, Drawing A-1276, Sheet lc. 11 and dated April 18, 1957, said map being attached to and forming a part of said Southern Pacific Company's petition relating to this matter dated June 10, 1957, on file in the office of the City Clerk of the City of Alameda, which said map is hereby referred to and made a part hereof 8s if fully set out herein: RECTION 2. This permit is granted on and subject to the following terms and conditions: (a) That said spur trackage shall be used for the transportation of freight only and shall not be used as a main line or part thereof. (b) That said spur trackage shall be constructed and maintained level with the street or streets along or across which said spur track is laid. (c) That all switching movements over such spur track shall be so conducted as not to block longer than is necessary for ordinary switching operations the streets which are crossed by such spur trackage or to otherwise interfere with the use of the streets by the public. (d) That this permit shall be indeterminate and shall Be revocable without compensation at any time at the option of the Council of the City of Alameda. (e) That said spur trackage shall be operated under such regulations and conditions as may be prescribed from time to time by the City Council of the City of Riameda. (f) That notwithstanding anything to the contrary in this permit, permittee shall at all times maintain said spur trackame and pavement immediately adjacent thereto in good repair, at its own cost and expense. (g) That all construction, operation and maintenance work of said spur trackage shall be performed without cost or expense to t(he City of Alameda and that said permRttee shall repave, repair and otherwise restore the portions of any street damaged or disturbed by the installation of such spur trackage, using the same kind of material and construction as now exists in the portions of any such street adjacent to the portions of ssid street wherein said spur trackage shall be installed. (h) That on revocation of this permit the permittee shall, et its own cost and expense, forthwith remove said spur track and repave, macadamize or otherwise restore t 'ortions of the street damaged or disturbed by such removal, using the same kind of material and construction as shall be used by the City of Alameda upon the portion of the street adjacent to said our trackage. (i) In the event that the permittee shall neglect or refuse to repave, repair or otherwise restore the portions of any street damaged or distrubed by toe inmtallatior pf said spur trackage as provided in paragraph (m) above, or in the Event that permittee shall neglect or refuse to remove such spur trackage or to repave and restore said street after toe removal cf said trackage as herein- before provided in uararaph (h), then the City of Alameda may cause such repav- ing, repair or restoration to be made or such track to be removed or the work of repairing, macadamizing and otherwise restoring said street, to be done, and uermittee shall thereupon be obligated to e to the City the amount of the reasonable eoo incurred by the City for any such purposes. (j) The construction by the permittee herein named 01 said our track- age shall be deemed an acceptance by the permittee cf all the terms Inc obliga- tions set forth in this permit. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in adjourned regular meeting assembled on one 25th day of June 19'57, by the following vote, to wit: AYES: Councilmen Freeman, Haag, Petersen, Schacht and President NoCall, (5). NOLI: None. ABSENT: None. IN RITEESS MEREOF, I have hereunto set my hand and affixed the official seal of said, City this 26th day of June, 1957. siffilaa h. TENINEa City Clerk of the City of Alameda I hereby certify that the or oing is a full, true and correct copy of "Resolution Rm. 5659, RESOLUTION OF THL COUNCIL OF THE CITY. OF ALAMEDA AUTHORIZ- ING INSTALLATION BY SOUTHERN PACIFIC COMPANY OF RAILROAD SPUR TRACKAGE IN AND ACROSS BARNDING AVENUE RED EVERETT STREET eITHIN TEE CITY OF ALAMEDA," introduced and adopted by the Council on the 25th day of June, 1957.