Resolution No. 1153
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RESOLUTION NO. 1153 ') ,
RESOLUTION NO.. 1153 OF THE CITV OF GILROY AUTHORIZING THE EXECUTION OF
AGREEMENT WITH THE SOUTHERN PACIFIC RAILROAD COM'ANY 'OR WIDENING AND
INSTALLATION OF AUTOMATIC GATES AT THE lUCHESSA AVENUE CROSSING IN THE
C ITV Of GI LROY. AND THE MAKING Of' AN APPLICATION TO THE PUBLIC UTI LITY
COMMISSION FOR REIMBURSEMENT OF ONE-HALF OF THE COST TO THE CITY 0'
GILROY FOR SUCH INSTALLATION.
WHEREAS, the railroad crossing on Luche"a Avenue in the City of Gilroy
has no safety crOSsing warning device for the protection of the public and without
said device said crossing is dangerous, and
WHEREAS, the City Council of the City of Gilroy deems It necessary and
desirable that safety crossing and warning device be Installed at said crossing,
which is identified as Put Crossing No. E-81.7 - Gilroy. and
WHEREAS, the proper installation for said crossing under the present
conditions of traffic, visability and grade are two (2) flashing light grade
crossing signals equipped with automatic gate arms, together with actuating and
operating circuits and adequate instrument housing, and the cost thereof is estl-
mated by the Southern Pacific Railroad Company to be $21,600.00, and
WHEREAS, the said Southern Pacific Railroad Company offers to build,
construct, and Install said lighting signals on a matching COlt basis, that is,
the said Railroad Company will pay SO% of the cost and the City of Gilroy will
pay the remaining 50%, and the City Council of the City of Gilroy believes that
said offer should be accepted, and
WHEREAS, certain preparation and modification of the existing tracks
will include the raising of the existing spur, the removal of a drainage structure
No. 8169. the Installation of reinforced concrete pipe at this structure, and other
roadway work, and the City of Gilroy', share of this work is estimated to be
$6,565.00 and the City Council of the City of Gilroy agrees to this estimate of
cost as its share; and
WHEREAS, the Southern Paeiflc Railroad Company has prepared a Highway
Easement for acceptance by the City for the necessary widening of Luchessa Avenue
.
trOlling No. E-81.7.
- 1 -
MOK 7970 fAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City of Gilroy enter into the
appropriate agreement with the said Southern Pacific Railroad Company for the
Installation of the said automatic light signals at the said crossing at the
estimated cost of $21,600.00, of which the City of Gilroy shall pay on~half of
the actual cost, which costs shall include labor and materials and transportation,
and for the said track preparation and modification wherein the City of Gilroy's
estimated cost will be $6,565.00 for said work, and
BE IT FURTHER RESOLVED that the City of Gilroy does hereby authorize
execution and acceptance of said Highway Easement for the widening of Luchessa
Avenue Crossing No. E-81.7 and does hereby authorize the Mayor of the City of
Gilroy to execute said document on behalf of the City of Gilroy. and
BE IT FURTHER RESOLVED and it Is hereby ordered that the City Englneer-
Director of Public Works of the City of Gilroy be and he Is hereby authorized
and directed to cause all necessary papers, applications, forms and documents
required for the purpose of making application to the Public Utilities Commis-
sion of California for reimbursement of on~half of the cost to the City of G11-
royof the aforesaid installation and any and all other documents, agreements and
paper., including the agreement between the City of Gilroy and the Southern Pacific
Railroad Company, required to carry out said project.
PASSED AND ADOPTED this 2;rd day of October, 1967, by the following
vote:
AYES:
HOES:
ABSENT:
COUNCIL MEMBERS: Allemand, Duffin, ~uartiroli, Silva, Went-
worth, and Goodrich.
COUNCIL MEMBERS: None
COUNCIL MEMBER: Kennedy,Jr.
APPROVED:
/s/ NORMAN Bo GOODRICH
Mayor
ATTEST:
.
/s/ SUSANNE E. PAYNE
City Clerk
- 2 ...
BOO~ 79 m PAGE 3
I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution
No. 1153 is an original resolution, duly adopted by
the Council of the City of Gilroy at a regular meeting
of said Council held on the 23rd day of October
19-AI-, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the official seal of the City of Gilroy, this
November , 19..i:L- .
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~"'PROVED AS TO FORM BY GENERAL COUNSEL,
AUGUST 18. 1966
BOOK 7970 Pr~GE
4
.
C,S.73112
STREET OR HIGHWAY EASEMENT
m4i.a ~tW~utur~. made this
wtb--
day of
l--J \)"~ >>t, \ 't V
, 19 b l , by and between
Delaware,
/ herein called "Railroad," and
California,
/ herein called "Grantee";
SOUTHERN PACIFIC COMPANY, a corporation of the State of
CITY OF GILROY, a municipal corporation of the State of
IlItttttllllttfr:
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or
highway, hereinafter termed "highway," upon and across the real property described on the attached Exhibit "A."
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and
similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear-
ranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use
of the space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap-
purtenances in, upon, over, under, across or along said property. In event tracks are removed from said property, Rail-
road shall not be obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrictions, conditions, coyenants, encumbrances, liens
and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against
the existence thereof.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
is not commenced within one (1) year from the date first herein written.
5. This grant shall not be construed as conyeying or otherwise vesting in Grantee the right to install or to au-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, telephone or electric power lines in, upon, oyer, under, across or along said property, except as necessary for
maintenance of said highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said
highway. Any contractor performing work on the property herein described shall execute Railroad's standard form
of contractor's agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing
and maintaining said highway. The crossing of said highway oyer any tracks of Railroad shall be constructed and
maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two
(2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Rail-
road may abandon its rails, ties and appurtenant materials and leaye the same in place. In such eyent, Railroad shall
not be liable for maintenance of the portion of said highway specified above.
8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by
any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the
construction or reconstruction of said highway commenced within one (1) year from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for
.said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban-
doned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights
hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so dis-
continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state
and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should
Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, such remoyal and
I estoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad
upon d,emand.
10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires
to ret::dn interest in said property, Grantee shall be required to purchase Railroad's interest in said property at the
then tail' market value.
11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
hereto.
12. It is understood and agreed that Sections 13 to 19, inclusive, on the
insert hereto attached are hereby made parts of this indenture.
IN WIWNESS WHEREOF,~he parties hereto have caused these presents to be executed in duplicate as of the day
and year~st herein written.
~~~~,
ary
CJ'1Y OF GILROY
BY )e~~c--r. 6~-u-e~~,~
M'ayo?fr /)' , '
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BY ",-V 2l{)a~!,llt/ ? /;::""
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BY
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':":U,"'::;';"C-o;XY,c.:"",-'8
fllOTJ\R'i i A I<
F'RINCW':"'L,:;.CS::. IN ~
CITY ;,tf\j
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,'X.l'"2<O~....)t.::,..;~\,:..\~-,' ~,.:.:;t"",::(,:;":,,,_;,;'~ii
My Commission Exp,,'cs June 14, 1969
STAn; OF CALIFORNIA ) BOor. 7970 i',"AC'-C ::;
City and County of San Fr~nciscoS SS, 1\ .)
O tJ' ,"'Y r:;. d f /{t<fy:?""tG ,'"' . th 0 TJ d N' H d d nd S' t AL<~...--.!,...1.-
n !l.I,_L?f,~,____..._ ay 0 ~____~__m e year ne wusan me un re a JX y-'-----_~____,_
before me, John E. Jurgens, a Notary Public in and for the City an County of San Francisco, State of California, persolUllly appeared
(65 Market St.) \V. ,\I, Jaekle amI T, F, Ryan, klloum to /lie to be the A.foiotLmt Vice President and
Assistant Secretary, respectively, of the corporation described in and that executed the
within instrument, and also knou;n to me to be the persons (cho executed it on belwlf of
the corJ)()ration therein named (//1d they acknowledged to me that sllch corporation exe-
ctlted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal at lilY office i/1 the City and COllnty of San Francisco, the day and year in this
certificate first above writ~fA1
,l '&;i'~ \., <- ' '7-,.,..-
Notary Public in amVf.er te ,nd 0 ty of Sun Francisco, State of California.
-;;.--,~"'/
Corporation
RAF...V...9/11/67
BOOK 7970 PAGE 6
EXHIBIT "A"
LUCHESSA AVENUE CROSSING NO. E-81.7
BEING a portion of Ranch Lot 68 as shown on Map No. 7 accompanying
the Final Report of the Referees in the Las Animas Rancho Partition
Suit, Action No. 5536 had in the Superior Court of the State of
California, in and for the County of Santa Clara, and being more
particularly described as follows:
"BEGINNING at a point in the easterly line of said
Ranch Lot 68 at the northwesterly corner of that
certain Parcel of land conveyed to the County of
Santa Clara by Deed from Alessio Luchessa, et aI,
dated August 15, 1939 and recorded September 22,
1939 in Book 945 at page 539, Official Records of
Santa Clara County, and running thence northwesterly
along the easterly line of Ranch Lot 68, and also
the easterly line of land (100 feet wide) of
Southern Pacific Company along a curve to the right
with a radius of 17,139 feet, from a tangent bearing
of N.30017"19"W., through a central angle of 0002"39"
for a distance of 13.21 feet; thence S.89046'43"W.
115.39 feet to a point in the westerly line of said
Ranch Lot 68; thence southeasterly along the
westerly line of Ranch Lot 68 and also the westerly
line of said Company's land along a curve to the
left with a radius of 17,239.00 feet, from a tangent
bearing of S.30003'09"E., through a central angle
of 0019'48", for a distance of 99.29 feet; thence
N. 89046'43"E. 115.77 feet to a point in the
easterly line of Ranch Lot 68; thence northwesterly
along last said line and also the easterly line of
said Company's land along a curve to the right,
with a radius of 17,139.00 feet, from a tangent
bearing of N. 30034'37"W., through a central angle
of 0017'18", for a distance of 86.25 feet to the
point of beginning, and
CONTAINING THEREIN 0.228 acres".
The above described parcel of land is shown on the print of
Railroad's Western Division Drawing G-347, Sheet No.1, Re-
vised May 22, 1967, attached and made a part hereof.
3341.088
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OF fiCL'.L_ i, i'
S/\NTA CUIRii cOU'i~'TY
GEORGE E. FOWLES
RECORDER
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RA ..V...32170/321-2...10/5/L
BOOK 7970 PMJ
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INS E R T
LUCHESSA AVENUE CROSSING NO. E-81.7, GILROY, CALIFORNIA
13. Railroad at its' expense shall remove the existing paving within
the track areas, prepare its' tracks, including necessary change of
running rail, and furnish and install timber planking along the rails
of the two mainline tracks through the existing crossing area.
14. Railroad shall furnish all necessary labor, materials, tools, and
equipment to install and shall install two flashing light grade cross-
ing signals equipped with automatic gate arms, together with actuating
and operating circuits and adequate instrument housing. Said signals
with automatic gate arms and appurtenances hereinafter collectively
termed "signals" shall be located at approximately as indicated in red
on the attached print. Grantee agrees to reimburse Railroad for fifty
per cent (50%) of all cost and expense incurred by Railroad in connec-
tion with the furnishing and installation of such signals.
15. Railroad, at Grantee's expense, shall furnish and install timber
planking along the rails of the two mainline tracks through the widened
portion of the crossing area. In addition, Railroad, at Grantee's ex-
pense, shall raise and resurface the existing spur track to new street
grade and install timber header flangeway planks on inside of each
running rail through existing and widened portions of the highway.
Grantee agrees to reimburse Railroad for all cost and expense incurred
by Railroad in connection therewith.
16. Railroad shall submit to Grantee a bill for eighty (80%) per cent
ot its' share of the estimated cost upon completion of the work contem-
plated, which bill Grantee agrees to promptly pay. Should the actual
cost prove upon completion of audit to be more or less than such estimated
costs, the difference shall be promtly paid by Grantee, or refunded by
Railroad, as the case may be.
17. Grantee, at Grantee's expense, shall install reinforced concrete
drainage pipe within the existing structure No. 81.69 as indicated in
green on the attached print. Grantee, at Grantee's expense, shall raise
roadway approaches to the new grade line, install curbs, gutters, catch
basins, and necessary street paving outside the track area.
After Grantee has installed the said reinforced pipe, Railroad,
at its' expense, shall remove said structure No. 81.69.
18. After completion of the work contemplated hereunder Railroad shall
maintain said signals so long as same shall remain in place. The cost
of maintaining said signals shall be borne and paid for by the parties
hereto in accordance with Sections 1202.2 and 1231.1 of the California
Public Utilities Code. The precise manner and method of determining
applicable charges, the manner, and method of payment, and other pro-
cedures under said Sections, shall be governed by any applicable De-
cisions of the California Public Utilities Commission.
After work contemplated hereunder has been completed, Grantee, at
Grantee's expense, shall maintain in addition to the portions of said
highway specified in Section 7 hereof, all curbs, gutters, and catch
basins.
19. The work to be performed by Railroad hereunder shall be commenced
as soon as labor and materials are available following execution of
this instrument, and the issuance by the California Public Utilities
Commission of an order or resolution approving the apportionment of
the cost of maintaining said signals and shall be completed within
one (1) year thereafter.
BOOr. 7970 PAGE 8 ,
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