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1962-0575RESOLUTION NO. 62R- 575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ATCHISON, TOPEKA AND SANTA FE RAILWAY OOMPANY WITH REFERENCE TO THE EXTENSION OF ANAHEIM ROAD ACROSS SAID RAILWAY COMPANY'S RIGHT OF WAY AND TRACT. WHEREAS, the City of Anaheim proposes to extend Anaheim Road across the right of way and track of the Atchison, Topeka and Santa Fe Railway Company at grade, as a public street crossing to maximum width of 64 feet, as per plan and profile thereof on file in the Office of the City Engineer entitled, "Anaheim Rd. Linda Vista to Jefferson St."; and -1- Attorney Finance Dir Engr WHEREAS, said Atchison, Topeka and Santa Fe Railway Company is willing that the City extend Anaheim Road across its right of way and track at grade as a public street crossing in accordance with the aforesaid plan and profile. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement, dated June 19, 1962, tendered to the City of Anaheim by the Atchison, Topeka and Santa Fe Railway Company, providing for the extension of Anaheim Road across the right of way and track of said Railway Company at grade, as a public street crossing, upon the following terms and conditions: 1. City or City's contractor shall do all work under said program, including placing paving within track areas of the crossing, except that work hereinafter specified to be done by said Railway Company. 2. City or Cityts contractor shall comply with Atchison, Topeka and Santa Fe Railway Companyts rules and regulations and the instructions of said Railway Company's representatives in relation to the proper manner of protecting said Railway Company's track and traffic moving thereon, as well as wires, signals and other property of said Railway Company, or its tenants or licensees, at or in vicinity of the work during period of construction of said street extension and shall perform the work in a manner satisfactory to said Railway Company or its designated representatives, and at such times as shall not endanger or interfere with the safe operation of said Railway Company's track and other facilities. City shall require City's contractor to enter into a letter agreement with said Railway Company in the form attached to said agreement tendered to the City dated June 19, 1962, before such contractor enters upon said Railway Company's property for the purpose of performing the work. 3. The Atchison, Topeka and Santa Fe Railway Company shall, at expense of City, (a) Prepare its track to receive paving to width of proposed roadway. (b) Install four flashing light signals without back lights, two at usual side of road lo- cation, and two on each side of track within raised median strips placed by City. (c) Relocate or raise said Railway Companyxs com- munication line to proper clearance, side and overhead of the street extension. 4. The work specified in above Paragraph 3 shall be done by said Railway Company as soon as practicable, con- sidering completion of said street extension, availability of materials and manpower, and in consideration thereof City shall pay to said Railway Company the actual cost thereof presently estimated by said Railway Company to be (a) crossing signals and communication line work, Ten Thousand Fifteen Dollars ($10,015.00); and (b) track work including header planks, One Thousand Six Hundred Fifty Dollars ($1,650,00). 5. That upon completion of the work specified in Paragraph 3 hereof, the Atchison, Topeka and Santa Fe Railway Company shall render City a b -ill for actual costs thereof, and City shall promptly reimburse Atchison, Topeka and Santa Fe Railway Company for such costs. 6. The Atchison, Topeka and Santa Fe Railway Com- pany shall, at its expense, maintain (a) said flashing light signals, and (b) street paving between rails of the track and for two feet outside thereof so long as required to do so, it being understood the ownership of all materials used or placed in connection with the work specified in this and Paragraph 3 hereof shall be in said Railway Company. 7. City shall, at its sole expense, maintain any street improvement within said crossing and approaches other than specified to be maintained by said Railway Company in Paragraph 6 hereof. be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is a =proved and signed by me this 19th day of June, 1962. -2- I STATE 'OF CALIFORNIA COUNTY OF ORANGE- -ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 62R -575 was introduced and adopted at a regular meeting provided by law, of the City Council. of the City of Anaheim, held on the 19th day of June, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Dutton, Krein and-Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Schutte. AND I FURTHER CERTIFY that the Mayor of the -City of Anaheim approvehand- signed said resolution on the 19th day'of June, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official, seal of .the'City of Anaheim-this 19th day of June, 1962. (SEAL) CLERK OF THE CITY OF ANAHEIM