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Resolution 03032RESOLUTION NO. 3032 GRANTING PERMIT TO SOUTHERN PACIFIC COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SPUR TRACK ACROSS BLANDING AVENUE IN THE CITY OF ALAMEDA. BE 'IT RESOLVED-BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: SECTION 1. That a permit be, and is hereby, granted to Southern Pacific Company, a corporation, its successors and assigns to construct, reconstruct, maintain and operate a single railroad spur track upon and along a portion of Blanding Avenue and across Everett Street, in the City of Alameda, County of Alameda, State of California, the location of the center line of said spur track being particularly described as follows: BEGINNING at a point in the center line of Blanding Avenue drill track in the City of Alameda, said point being 58 feet, more or less, southeasterly from the intersection of the center line of said track with the easterly line of Everett Street; thence northwesterly through a Standard No. 7 turnout to the left a distance of 72 feet, more or less, to a point; thence on a curve to the left, having a radius of 286.84 feet, an arc distance of 42 feet, more or less, to a point; thence northwesterly tangent to curve at last mentioned point a dis- tance of 30 feet, more or less, to a point; thence continuing northwesterly on a curve concave to the right, having a radius of 286.84 feet, an arc distance of 27 feet, more or less, to a point on the southerly line of Blanding Avenue, said point being 52 feet, more or less, northwesterly from the intersec- tion of said southerly line of Blanding Avenue with the wester- ly line of Everett Street, said center line location being also shown by a red line as drawn on a map marked "Western Div'n. Drawing A -672, Sheet No. 2,"dated June 10, 1944, attached to and forming a part of said Southern Pacific Company's application dated,August 2, 1944, on file in the office of the City Clerk of the City of Alameda and marked filed August 15, 1944, which 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 con- ducted 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 with- out 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 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. (g) That on revocation of this permit the permittee shall, at its own cost 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. (h) 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 (f) 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 eibb ON) Paragraph (g), 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. (i) 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 15th day of August, 1944, by the following vote, to wit: AYES: Councilmen Branscheid, Howe, Jones, Osborn and President Godfrey, (5). NOES: None. ABSENT:. None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offi- cial seal of said City this 16th day of August, 1944. LORENE R. BEATIE (SEAL) City Clerk of the City of Alameda * * * * * * * * * * * I, hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 3032, GRANTING PERMIT TO SOUTHERN PACIFIC COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SPUR TRACK ACROSS BLANDING AVENUE IN THE CITY OF ALAMEDA," introduced and adopted by the Council on the 15th day of August, 1944. Clerk of the C ty of Alameda