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Resolution 06790CITY OF ALAMEDA RESOLUKON NO. 6790 .7.11ANTING REVOCAHLE FR' 1. TO ALAMEDA BELT LINE FOR INSTALLATION OF RAILMAD 9P14R TRACK IN AND ACROSS CLEMENT AVENUE GaT STANFORD STREET). IaE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALANEDA: SECTION 1. That a permit be. and is hereby, granted to the Alameda belt Line, a corporation, to construct, reconstruct, maintain and nperate railroad spur trackage in and across Clement Avenue and Stanford Street, in the City of Alameda, County of Alameda, State of California, as shown in red on print of Division Engineer's Drawing T-I6-451, dated April 5, 1965, the center line of said spur trackage, being more particularly described as follows: BEGINNING at a point on the center-line of an existing track, (sai(1 line being also the center-line of Clement Avenue) 84-65 feet northwesterly, along said center-line, from the northwesterly line of Stanford Street produced; thence east- eriy along a curve to the left, having a radius of 397.85 feet, 52,7 feet; thence easterly along a tangent. to said curve, 12,45 feet; thence continuing easterly on a curve to the left, having a radius of 287.94 feet, a distance of 83.2 feet to a point on the southeasterly line of Stanford Street, 1.1 feet northeasterly, along last said line, from the northeasterly Line of Clement Avenue, the described center- line being shoun in red; the La cation of said spur trackage being also delineated in red on that certain map entitled "Alameda Belt ,4P1) 1541 Spur Track to Serve Ben C. Gerwick Co., Inc., at Alameda, California,' prepared by Ralph Jones, Engineerg dated April 5, 1965, and being Drawing No, '-16 45 said map being attached to and forming a part of said Alameda Belt Line's application relating to this matter dated April 21, 1965, which is on file in the office of the City Clerk of the City of Alameda, which said map is hereby referred 10 861 made a part hereof as if fully set out herein. SECTION 2y This permit is granted on and subject Lo the following terms and conditions: (a) That said spur trackage shall he used for the transportation of freight only and shall not he used as a main line or part thereof, (b) That said spur trackage shall be constructed and maintained level with the street along or across which said spur trackage is laid. (c) Permittee shall maintain '1 50' repair the street area, including sidewalks, 246144 866 gutters, for a width of four and one-half (4-1/2) feet on each side of the center line of such trackage, (d) Permittee shall adjust the elevation of said spur trackage to any and every change mane in the street elevation, including sidewalks, curbs and gutters, and shall 5113 8115 and all costs made necessary by 5141 41460564. (e) Permittee shall make or cause to be made all utility sewer and other public works facilities changes indicated on said Drawing, and shall make such other surface improvements as required by the City Engineer of the City of Alameda. (4) That all switching movements over such spur trackage 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, (g) That this permit shall he indeterminate and shall be revocable without compensation at any time at the sole option of the Council of the City of Alameda. (h) That said spur trackage shall be operated under such regulations and conditions as may he prescribed from time to time (4 0114 City Council. of the City of Alameda. ti) That notwithstanding anything to the contrary in this permit, 5(251 4666 shall at all times maintain said spur trackage in good repair. (i) Permittee 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, inclnding sidewalks, curbs and gutters adjacent to the portions of said street wherein said spur trackage shall be installed. (k) That on revocation or termination of this permit the Permittee s46 ll. at its coon cost and expense, fortnwith remove said spur trackage and repave, madadamize or otherwise restore the por- tions of the street, including sidewalks, curbs and gutters, damaged or disturbed by such removal, using the same kind of material and conatruction as shall be used by the City of Alameda upon the por- tion of the street adjacent to said spur tra(kage. (1) 4,1 works of construction, 6104 10 maintenance and repair required herein shall be accomplished at the sole (141 5" expense of Permi ttee and at City standards as set nr repotted by the City Engineer of the City of Alameda. hn) In the event that the Pormittee shall neglect or refuse to repave, repair or otherwise restore the portions of any street damaged or disturbed by the installation of said spur trackage as provided in paragraphs (c), (0, c), (i) and ( i) above, or in the event that Permittee shall neglect or refuse to remove such spur trackage and/or to repave and restore said street after the removal of said trackage as hereinbefore provided in paragraph (10, 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, macadamiziott 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. (n) This permit shall not be assigned unless the consent of the CoonciJ of the City of Alameda be first had and obtained. Any attempt to so assign or assignment thereof shall cause an immediate revocation of said permit. (0) IT1 the event of the widening8 extension, raising or other change in Clement Avenue by the City of Alameda, any additional work or materials made necessary by the presence of said spur trackage in the street shall be paid entirely by Fermittee. (p) The Construction by the iPermittee herein named of said spur trackage shall be deemed an acceptance by the Permittee of all the terms and obligations set forth in this permit. 13 * 13-1-*1.1. ki 1, the undersigned, hereby certify that the foregoing Resolution 1131 1.1.119 and regularly introduced and adopted by the Council of the City of Pdameda in regular meeting assembled on the 18th day of Ma , 1965, by the following vote, to wit; 5.9ES: Councilmen Bartley, La Croix, jr., McCall, Rose and President Godfrey, (5). NOES, None, ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. the official seal of said City this 19th day of May, 1965. (sEAL) SHIRLEY H. 1091168 City Clerk of the City of Alameda f hereby certify that the foregoing is s true and correct copy of "City of Alameda Restutioa Nc. 8790, GRANTING REVO5ABLE PERMIT TO ALAMEDA BELT LINE FOR INSTALLATION CF RAILROAD SPITE TRACK IN ANO AFROS CLEMENT AVENUE (AT STANFORD STREET)," introduced and adopted by the Council or the 18th day of May, Lty Clerk plithe City of Alameda