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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