HomeMy WebLinkAboutReso 2058-1954 RESOLUTION NO. 2058 __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO GRANTING TO THE SPERRY AND HUTCHINSON
COMPANY PER~IISSION TO C~NSTRUCT AND MAINTAIN A SPUR
TRACK IN AND ACROSS BUTLER ROAD A BD DUBUQUE AVENUE,
PUBBIC STREETS LYING ~THIN SAID CITY'i
WHEREAS, puDsuant to the provisions of Sec. 37357 of the
Government Code of the State of California, the Sperry and
Hutchinson Company has Sade application to the City Council of
The City of South San Francisco for permission to construct, in-
st~ll, and maintain a spur track in and across Butler Road and
Dubuque Avenue, public ~treets lying within said city; and
WHEREAS ~ti~ ~id City Council did, by oral motiea,hereto-
fore grant permission to said Sperry and Hutchinson Company to
construct, install, and maintain a spur track,as applied for, sub-~.~<~.
ject to certain conditions;and
WHEREAS it isthe desire of said City Council, for the
purpose of being definite and exact, to reduce said oral motion to
writing,
NON,THERE~DRE,BE IT RESOLVED by said City Council that
the application of the Sperry Hutchinson ~ompany to construct,
install,~nd maintain a spud track , as above Specified,be, and the
same hereby is, approved and permission is hereby granted to construct,
install, and maintain said spur track,subject to the following con-
ditions:
1. Said spur track shall be used for the purpose for which
it is to be installed only between the hours of six o'clock P.M. of
any particular day and six o'clock A.M: of the succeding day, pro-
vided,however, that said City of South San Francisco,may,upon
thirty(30) days' advance written notice to applic~'-~nt, make reason-
able changes and modifications in the hours of use; and
2. Applicant shall ke.~p that portion of said spur track
which lies within any public street, tog3ther with the area between
the tr~cks of said spur track and extending to the DiEht-ef- w~y on
the outside of each of said tracks, in a good ~-~ ~' state of repair at all
times so that vehicu~lar traffic traveling along the public streets
may traverse said spur track with a minimum of difficuXty and in-
convenience and with no d~mage to any of the vehiEles,or parts
thereof, comprising said vehicular traffic, and in this connection
said City does hereby reserve the right to make any and all repairs
which it shall deem necessary to sgid spur track,or the area
thereabout, and to charge the expense of the same to applicant,
provided, ho.wever, that before making any such repairs City sSall
· advance
first give to applicant fifteen(15) day's/weitten notice; and
3. Southern Pacific Company ( or Southern Pacific Railroad
Company) shall at all times exercise due care and caution in the
use of said spur track, including the providing of a flagman, at
its own expense, at all times when the crossing is in use, and if
no flagman is so provided, then City ~hall have the right to pro-
vide a flagman and to charge applicant for the expense so incurred;
and
AYES,
NOES,
ABSENT
m 4. Applicant and ~outhern Pacific ae~nyd( or Southern.~'~
Pacific Railroad ~ompany ) shall relieve the City of South San
Francisco of any liability for the expense of installing any
additional crossing safety ~evices, such as, crossing gates, that
may be required in the future with respect to said spur track by
the Public Utilities Commission of the State of California, or any
other governmental agency or body having appropriate jurisdiction,
and in this connection applicant shall agree to hold City safe and
harmless; and
5. In order to assure the fulfillment of the terms of Para-
graphs 2 and ~ above with respect to the ~expense to maintaining the
spur track right- of -way through the public streets and the cost of
providing any additional crossing safety devices, applicant does
agree that, within fifteen(15) days from tha date of this
resolution, it shall execute, in favor of theCity of South San
Francisco, acknowledge, and deliver to said City a covenant running
with the land, which shall specify that the real property itself
is burdened with the obligation with respect to such expense.
BE IT FURTheR RESOLVED that the City Clerk be,and he hereby
is, instructed to transmit ~ certified copy of this resolution to
the ~ublic Utilities Commision of the State of California at such
time as there is filed with said City Clerk the aforementioned
covenant running with tha ladd, with the City Attorney's approval
affixed thereto.
I hereby, certify that the foregoing resolution
w~s duly and regularly adopted by the City Council of
the City of South San Francisco at a regular adjourned
meeting thereof held on the 50th day of August,195~,
by the following v~te:
Francis Lucchio, Telford Smith
Emilio Cortesi
None
Councilmen
ATTEST:
Arthur A,Rodondi
City Clerk
( by Elizabeth 0ttenfield)
Deputy City Clerk