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HomeMy WebLinkAboutReso - CC - 007-1962RESOLUTION NO. 7 - 62 AUTHORIZING THE EXECUTION AND ISSUANCE OF A PERMIT TO THE SOUTHERN PACIFIC COMPANY, A CORPORATION, TO CONSTRUCT AND OPERATE A DRILL TRACK ACROSS DAVID ROAD RESOLVED by the City Council of the City of Burlingame, and it is hereby ordered, that a permit be issued to the Southern Pacific Company, a Corporation, to construct and maintain a drill track across David Road and elsewhere, subject to all of the terms and conditions provided in the copy of said Permit hereto attached and made a part of this Resolution. BE IT FURTHER RESOLVED, that the Mayor be, and he is hereby authorized to execute and issue said Permit for and on behalf of the City of Burlingame. MAYOR V I, Herbert K. White, City Clerk, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 5th day of February, 1962, and adopted thereafter by the following vote: Ayes: Councilment Byrd, Johnson, Lorenz, Martin, Morgan Noes: Councilment None Absent Councilment None Herbert K. White, City Clerk t k PERMIT GRANTING PERMISSION OF THE CITY COUNCIL OF BURLINGAME TO SOUTHERN PACIFIC COMPANY, A CORPORATION, TO CONSTRUCT, OPERATE, AND MAIN- TAIN A DRILL TRACK ACROSS DAVID ROAD IN THE CITY OF BURLINGAME Permission of the City Council of the City of Burlingame is hereby granted to the Southern Pacific Company, a Corporation to construct, operate and maintain a drill track across David Road in the City of Burlingame, more particularly described as f ollows : Beginning at a point in the northwesterly line of David Road (55 feet wide) that is distant northeasterly 239 feet, more or less, thereon from the intersection of the northeasterly line of Rollins Road with said north- westerly line of David Road; thence southeasterly 55 feet, more or less, to the southeasterly line of David Road. The location of said center line shall be as shown on the Southern Pacific Company Coast Division Drawing No. 34074, dated January 5, 1962, copies of which drawing are on file in the office of the City Clerk and the Director of Public Works of the City of Burlingame. This Permit is granted subject to the following conditions: 1. The Southern Pacific Company shall provide a flagman to stop vehicular traffic on David Road whenever it is crossed by a train, engine or car on the tracks for which this Permit is granted, 2. The Permittee shall install and maintain at all times two standard No. 1. crossing signs as shown on said Coast Division Drawing No. 340�4, including exempt signs as required by the Public Utilities Commission. 3. The Permittee shall save the City of Burlingame harmless from any claim for damage to existing public utilities caused by the construction, operation, maintenance or use of said drill track, and if any such damage is caused, Southern Pacific Company shall correct same at its sole expense, to the satisfaction of the City Engineer of the City of Burlingame. 4 !}a Any damage to the surface of David Road occasioned by the constructions operation or maintenance of said drill track shall be corrected by the Permittee to the satisfaction of the City Engineer of the City of Burlingame. The Permittee shall at all times maintain in good repair the surface of David Road between the rails of said track and for a distance of two feet (21) on either side thereof. 5o The Permittee shall not stop nor stand any train, engine or car on said track in such a manner as will block vehicular traffic on David Road except that within the standards of good railroad operation and practice one Lane of David Road may be so blocked for a period not to exceed five minutes. Nothing in this condition contained shall be construed to prevent the normal and usual passage of trains along said track and across David Road in conformity with any applicable statutes, ordinances, rules or regulations of any governmental body, agency, political subdivision, or municipal corporation. 6. Said track shall be constructed as nearly as possible in level with the street grade of David Road, and any inter- ference with the natural drainage of said crossing must be correct- ed by the Permittee to the satisfaction of the City Engineer, 7, The Permittee shall notify the City Engineer of the City of Burlingame at least five days prior to commencement of the work of construction of said drill track. Such work of construction shall be completed within fourteen days from the date of commence- ment of such work. 8. Said track shall be used only as a drill tracks and shall not be used as a main line or portion thereof. This Permit to construct, operate, and maintain a drill track across David Road may be revoked by the City Council of the City of Burlingame in the event of the failure of the Permittee to meet, perform or abide by any of the conditions of this Permit 2 or in the event that Permittee shall fail in any calendar year to operate a train along said drill track or crossing. DATED this 6th day of February, 1962. ATTEST: City Clerk THE CITY OF BURLINGAME A Municipal Corporation B y (� Mayor