Resolution 03417RESOLUTION NO. 3417
GRANTING PE T TO A !IEDA BELT LINE, A CORPORATION,
TO CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE A
RAILROAD SPUR TRACK UPON # 1 ACROSS GRAND STREET,
EAGLE AVE D HIBBARD STREET. IN THE CITY OF ALAMEDA.
BE IT RESOLVED BY i; COUNCIL OF THE CITY OF ALAMEDA as follows:
SECTION 1. That a permit be, and is hereby, granted to Alameda
Belt Line, a corporation, to construct, reconstruct, maintain and operate a
single railroad spur track upon and across a portion of Grand Street, Eagle
Avenue and Hibbard Street, in the City of Alameda, County of Alameda, State
of California, the location of said spur track being particularly described
as follows
Across Grand Street
Beginning at a point in the southeastern line of
Grand Street, distant northeasterly 147.86 feet from the
eastern corner of Grand Street and Eagle Avenue; thence
westsrly on the arc of a 398.02 foot radius curve,
concave to the north, a distance of 86.32 feet to a
point, said point being distant 7.37 feet southeasterly
at right angles from the northwestern line of Grand
Street and 101.04 feet northeasterly at right angles
from the northeastern line of Eagle Avenue produced across
Grand Street; thence westerly a distance of 8.24 feet to
a point in the northwestern line of Grand Street, distant
northeasterly 97.35 feet from the northern corner of
Grand Street and Eagle Avenue.
Across Eagle Avenue and Hibbard Street
Beginning at a point in the northeastern line of
Eagle Avenue, distant southeasterly 66.78 feet from the
northern corner of Hibbard Street and Eagle Avenue;
thence westerly on the are of a 302.94 foot radius curve,
concave to the north a distance of 67.30 feet to a point
in the northwestern line of Hibbard Street, distant
southwesterly 9.67 feet from the northern corner of
Hibbard Street and Eagle Avenue;
said location being also shown in red on print of Division Engineer's
drawing No. T -6 -301, dated October 26, 1946, attached to and forming a part
of said Alameda Belt Line's application, dated October 30th, 1946, on file
in the office of the City Clerk of the City of Alameda, and marked "Filed
Nov. 7 1946", which said map is hereby referred to and made a part hereof.
SECTION 2. This permit is granted on and subject to the following
terms and conditions:
(a) That said spur track 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 track 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 track 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 track shall be operated under such regulations
and conditions as may be prescribed from time to time by the City Council of
the City of Alameda.
(f) That notwithstanding anything in this permit to the contrary,
permittee shall at all times maintain said spur track 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 track shall be performed without cost or expense to the City of Alameda
and that said permittee shall repave, repair and otherwise restore the portions
of any street damaged or disturbed by the installation of such spur track,
using the same kind of material and construction as now exists in the portions
of any such street adjacent to the portions of said street wherein said spur
track shall be installed.
(h) That on revocation of this permit the permittee shall, at its
own cos;, and expense, forthwith remove said spur track and repave, macadamize
or otherwise restore the portions 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 spur track.
(i) In the event that the permittee shall neglect or refuse to repave,
repair or otherwise restore the portions of any street damaged or disturbed by
the installation of said spur track as provided in paragraph (g) above, or in the
event that permittee shall neglect or refuse to remove such spur track or to repave
and restore said street after the removal of said track as hereinbefore provided in.
paragraph (h), then the City of Alameda may cause such repaving, 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 permittee shall
thereupon be obligated to pay to the City the amount of the reasonable expenses
incurred by the City for any such purposes.
(j) The construction by the permittee herein named of said spur track
shall be deemed an acceptance by the permittee of all the terms and obligations
set forth in this permit.
I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted by the Council of the City of Alameda
in regular meeting assembled on the 19th day of November, 1946, by the following
vote, to wit:
AYES: Councilmen Howe, Tones, Osborn, Sweeney and President
Branscheid, (5).
NOES: None.
ABSENT: None.
IN WITNESS REOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of November, .1946.
(SEAL)
* * * * * * * * * * * *
P C
y er o t e ty of ameda
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 3417, GRANTING PERMIT TO MEDA BELT LINE, A CORPORATION, TO
CONSTRUCT, RECONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SPUR TRACK UPON AND ACROSS
GRAND STREET, EAGLE AVE AND HIBBARD STREET, IN THE CITY OF ALAMEDA", introduced
and adopted by the Council on the 19th day of November, 1946.
City C
ame =a