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66-615RESOLUTION NO. 66R -615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE CONSTRUCTION OF THE KATELLA AVENUE UNDERCROSSING. WHEREAS, The Atchison, Topeka and Santa Fe Railway Company, a Kansas Corporation, owns and operates a line of railroad in and through the City of Anaheim; and WHEREAS, the City of Anaheim, in connection with a project for the improvement of Katella Avenue, proposes to cross said Railway Company's San Diego -Los Angeles tracks by means of an underpass structure; and WHEREAS, construction of said underpass structure shall include the Katella Avenue Underpass separation structure and approaches thereto, work involving temporary shoofly, any and all necessary changes to telephone, telegraph, signal and electrical lines and appurtenances, placing inside steel guard rails, all track work and construction of temporary and perma- nent grade crossings, including signal work, highway grading and drainage facilities and any and /or all other work of every kind and character necessary to accomplish the construc- tion of the Katella Avenue Underpass separation structure; and WHEREAS, the City and said Railway Company desire to express in writing their understandings and agreements pursuant to which said underpass structure is to be constructed, used and maintained; and WHEREAS, The Atchison, Topeka and Santa Fe Railway Company has this day tendered to the City a form of agreement to be made and entered into between the parties, providing for the construction of said Katella Avenue Underpass structure upon the terms, covenants and conditions set forth therein, at the location shown on the print of said Railway Company's Draw- ing C.E.C.L. No. 77- 30139, dated August 8, 1966, marked Exhibit "A," attached to said agreement; and WHEREAS, the. City Council finds that it would be for the benefit and in the best interest of the City to enter into said agrement, and that the same should be approved. NOW, THEREFORE, be it resolved by the City Council of the City of Anaheim that the agreement this day tendered to the City of Anaheim by The Atchison, Topeka and Santa Fe Railway Company, a Kansas Corporation, to be made and entered into between the parties, providing for the construction of said Katella Avenue Underpass structure upon the terms, cove- nants and conditions set forth therein, at the location shown on the print of said Railway Company's Drawing C.E.C.L. No. 77- 30139, dated August 8, 1966, marked Exhibit "A," attached to and made a part of said agreement, 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 approved and signed by me this 20th day of September, 1966. ATTEST: (SEAL) 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 was passed and adopted at a regular meeting of the. City Council held on the 20th day of September, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 20th day of September, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the .seal of the City of Anaheim this 20th day of September, 1966. CI CLERK TH CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolu- tion No. 66R -615 duly passed and adopted by the Anaheim City Council on September 20, 1966. City Clerk