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Ordinance 0312ORDINANCE NO. 312 (NEW SERIES) AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BE- TWEEN THE CITY OF ALA- MEDA, A MUNICIPAL CORPORA- TION ON THE ONE HAND, AND THE WESTERN PACIFIC RAIL- ROAD COMPANY, THE ATCHI- SON, TOPEKA AND SANTA FE RAILWAY COMPANY, AND ALA- MEDA BELT LINE, RAILROAD CORPORATIONS, ON THE OTHER, AMENDING AND MODI- FYING THE AGREEMENT DATED DECEMBER 15TH, 1924, BETWEEN SAID CITY OF ALA- MEDA AND THE TWO RAIL- ROAD COMPANIES - FIRST ABOVE NAMED, THE EXECU- TION OF WHICH AGREEMENT BY SAID CITY WAS AUTHOR- IZED AND DIRECTED BY ORDI- NANCE NO. 259 (NEW SERIES), BY CHANGING THE PROVI- SIONS 01' SAID AGREEMENT WITH RELATION TO THE ROUTE OF THAT PORTION OF THE RAILROAD TO BE CON- STRUCTED BY ALAMEDA BELT LINE BETWEEN A POINT IN THE EXISTING TRACK OF ALA - MEDA BELT LINE ON CLE- MENT AVENUE NEAR MINTURN STREET, AND THE WESTERLY LINE OF WEBSTER STREET, SO AS TO ELIMINATE ALL RE- QUIREMENTS THAT ANY PART OF THE RAILROAD TO . BE CON- STRUCTED SHALL BE LOCATED ON THE SIDEWALK AREA OF BUENA VISTA AVENUE, AND SO AS TO PROVIDE THAT THE PORTION OF SAID RAILROAD TO BE CONSTRUCTED BE- TWEEN HIBBARD STREET AND SHERMAN STREET MAY BE CONSTRUCTED OVER, ALONG AND UPON PRIVATE PROP- Be it ordained by the Council of the City of Alameda: Section 1. The City of Alameda shall forwith enter into an agree- ment with The Western Pacific Railroad Company, • The Atchison, Topeka and Santa Fe Railway Com- pany, and Alameda Belt Line, rail- road corporations, in words fig- ures substantially as follows: THIS AGREEMENT, made the........ day of ..................................... 1926, by and between the CITY OF ALAMEDA, a Municipal Corporation of the State of oC'.alifornia, THE WESTERN PA- CIFIC RAILROAD COMPANY, and THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, railroad corporations doing business in the State of California, and ALA- MEDA BELT LINE, a railroad cor- poration organized under the laws of the State of California, WITNESSETH s The parties to this agreement hereby agree that a certain agree - ment of date December 15th, 1924, by and between The Western Pa- cific Railroad Company and The Atchison, Topeka and Santa Fe Railway Company on the one hand, and the said City of Alameda on the other, the execution of which wa's authorized and directed by Or- dinance No. 259 (New Series) of the City of Alameda, shall be and is hereby modified and amended as follows, to -wit: Subdivision (b) of the section of said agreement numbered "FIRST" is . hereby changed to read as follows, to -wit: Beginning at a point in the existing track on Clement Ave- nue near Minturn Street; thence by a single track on an "S" curve over and along private rights of way and intervening streets southerly and westerly to the western line of Hibbard 1 'ORDINANCE W ; . 31 L °.New Se>ries (Continued ) Street at a point near Buena Vista Avenue; : thence over. and along private property to a - point' in • the eastern_ line of . Sherman Street between Eagle Avenue and . Buena Vista Ave- nue; thence by a single or dou- ble track . curving northerly over Sherman Street and cross - ing' Eagle Avenue, to a point in the so- called segregation line; thence continuing northerly and westerly over private property and - crossing all intervening streets to the westerly line of Webster Street at or near the so- called segregation line. In'all. other respects except that above specified said agreement of, date December 15; 1924, shall re- main , in full force. unaffected by any provision of this agreement. .IN WITNESS WKEREOF, the said parties have hereunto caused this agreement to be signed, sealed and executed by their proper re- spective officials first thereunto duly authorized. CITY OF. ALAMEDA, By........................... • ------....-----....----- Mayor Attest: .................. I ......................... City Clerk,.. THE WESTERN PACIFIC RAILROAD COMPANY, B y ---------------------------------------------------- President Attest: ------------------------------------------ Secretary THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, By----------------- •- - - - - -- ... ----•------------- President Attest: ------------------------------------------ Secretary ......... . ALAMEDA BELT LINE, By ........................:.....:................ President Attest: .......................................... Secretary Section 2. The Mayor-of the City of Alameda, as Its official head and representative,' is hereby authorized and directed to execute the fore- going agreement iri th name of and on behalf of the City, and the City Clerk is hereby authorized and di- rected to attest the Same. Seetn 3. This Ordinan i'a ce shall take effect thirty (30) days from and after its final passage, Adopted and passed by the council of - the city of . Alameda this 18th day of May, 1926. FRANK OTIS, . Presiding Officer of the Council. I, the undersigned, hereby certify that the foregoing, Ordinance was duly and regularly adopted and passed by the council . of the city of Alameda in regular. meeting assem- bled, on. the 18th day, of May, 1926, by the following vote, to -wit: .,AYES: Councilmen Latham, Nei•ss, Noble, Traver and President Otis, (5)• NOES: None. 'ABSENT: None. IN TESTIMONY WHEROF,.I have hereunto set my hand and affixed the. official seal of said city this 19th day of May, 1926'.` (Seal) , W. E. VARCOE, City Clerk of the City of Alameda. Approved as:, to form, WM. J. LOCKE, City Attorney. 5 =11 -26 Description checked, BURNETT HAMILTON, City Engineer. Publish May 20, 1926.