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HomeMy WebLinkAbout1973-03-06; City Council; 1062; Right of entry license AT & SF Railwayr :""~>CITY OF CARLSBAD, CAL!F^. . IA i^" g7. £)« Agenda Bill ^o. j Date March 6, 1973 Referred To: Subject: Submitted By: Right of Entry License with the Santa Fe Railway Public Works Director^ Co. located at the Elm Avenue Grade Crossing Statement of the Matter In conjunction with the Elm Avenue Crossing gate installation, the City of Carlsbad will widen and improve Elm Avenue within the area of the Santa Fe Railway Co. right of way. Inasmuch as the crossing construction will take take place on Santa Fe property, it is necessary to execute a right of entry license. This will allow the City's contractor to enter the Railroad right of way for construction purposes. It is anticipated construction will take place in May, 1973. Exhibit 1) Resolution No. 3 ^^3 _ authorizing and directing execution of a right of entry license with the Atchison, Topeka and Santa Fe Ra i Iway Company. 2) Right of Entry license Staff Recommendations Adopt Resolution »^yj _ authorizing and directing execution of a Right of Entry License with the Atchison, Tepeka and Santa Fe Railway Company. AS No,Date: March 6, T973 City Manager's Recommendation Concur. Co uncil'Action 3-6-73. The Council approved executi-on of Licens.e- wi th AT&SF and adopted Res. 3083 authori zi n-g. & directing execution of a Right of Entry License. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECT- ING EXECUTION ON BEHALF OF THE CITY OF A LICENSE WITH THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY REGARDING ELM AVENUE GRADE CROSSING. The City Council of the City of Carlsbad does hereby resolve as follows: The Mayof the City of Carlsbad is hereby authorized and directed on behalf of the City, to execute that certain license with the Atchison, Topeka and Santa Fe Railway Company regarding widening of Elm Avenue at grade crossing 2-229.3 (Elm Avenue) approximate mile post 229+1587.8. PASSED, APPROVED, AND ADOPTED at a regular adjourned meeting of the City Council of the City of Carlsbad, California, held March 7, 1973, by the following vote, to wit: AYES: Cmn. Dunne, McComas, and Chase. ABSTAIN: Cmn. Lewis. ABSENT: Cmn. Frazee. ATTEST: E. ADAMS , Ci ty Clerk (SEAL) CITY ORIGINAL ' THIS AGREEMENT made this 12.- day of b -&-C, t 19 1^, by and between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, herein- after referred to as "Santa Fe" and CITY x OF CARLSBAD, a municipality, in the State of California, hereinafter referred to as "City". v • WITNESSETH: WHEREAS, City proposes a program of widening and improvement to paved width of 60 feet that portion of Elm Avenue on each side of and in- cluding the crossing of Santa Fe's tracks, designated by Public Utilities Commission, State of California as Crossing No. 2-229.3, and; WHEREAS, Santa Fe and City are in accord as to said program, and Santa Fe is willing that City, or City's Contractor, do all work under said program except preparation of Santa Fe's tracks to receive planking, placing of crossing planks, relocation of communication pole line and installation of two flashing light signals and automatic crossing gates. NOW THEREFORE IT IS AGREED: 1. City, or City's Contractor, will do all work under said pro- gram, including placing of pavement within track areas of said crossing, ex- cept that work hereinafter specified to be done by Santa Fe. 2. City, or City's Contractor, will comply with Santa Fe's rules and regulations and instructions of Santa Fe's representatives in relation to proper manner of protecting Santa Fe'a track and traffic moving thereon, • as well RQ wires, signalo end other property of Santa Fe, or its tenants or 1 EXHIBIT (2) V llcenseesy at or in vicinity of the work during the period of construction of said improvement, and sahll perform the work in a manner satisfactory to Santa Fe or its designated representatives, and at such times as shall not endanger or interfere with safe and timely operation of Santa Fe's tracks and other fa- cilities. >V 3. Santa Fe will at its expense prepare its tracks to receive plank- ing, including placing of crossing planks to width of existing crossing being average of 40 feet* •;% • 4. Santa Fe will at expense of City, place header planks, in addi- tion to those specified to be placed in above Paragraph 3, to accommodate paved width of 60 feet and relocate existing communication pole line to pro- vide proper overhead and side clearance for widened roadway. 5. Santa' Fe.will, at equal "expense of Santa Fe and City, remove existing crossing protection and install two flashing light signals and auto-• matic crossing gates. 6. Work specified to be done in above Paragraphs 4 and 5 by Santa Fe shall be done as soon as practicable, considering completion of said pro- gram, availability of materials and manpower, and in consideration thereof City will pay to Santa Fe, (a) the actual total cost of work specified in said Paragraph 4 presently estimated by Santa Fe to be THREE THOUSAND NINE HUNDRED TWENTY ($3,920.00) Dollars, and, (b) one-half of the actual total cost of work specified in said Paragraph 5, which total cost is presently estimated by Santa Fe to be TWENTY THOUSAND NINE HUNDRED TWENTY TWO ($20,922.00) Dollars. 7. That upon completion of the work specified in above Paragraphs 4 and 5, Santa Fe will render City a bill for its costs and City will promptly reimburse Santa Fe for ouch costs. 8. Santa Fe will at its expense maintain street -paving or planking between rails of the tracks and for two feet outside thereof, 9. After installation of railroad crossing protection signals and appurtenances under terras of this agreement, Santa Fe shall physically main- tain same so long as they remain in place. The maintenance cost of said sig- nals and appurtenances shall be divided in the same proportion as the cost of constructing such automatic grade crossing protection as provided in Section 5 hereof, in accordance with Section 1202.2 of the California Public Utilities Code. 10, City will at its expense maintain any street improvement within eaid crossing other than specified to be maintained by Santa Fe in above Para- graph 8. IN WITNESS WHEREOF, THE CITY OF CARLSBAD has caused these presents to be executed by its duly qualified and authorized officials pursuant to authority regularly granted them by its City Council and THE ATCIIISON, TOPEKA AND SANTA FE RAILWAY COMPANY has executed these presents both as to year and day first above written. THE ATCHISON, TOPEKA. AND SANTA FE RAILWAY COMPANY Its / Assistant to General Manager CITY OF CARLSBAD By Its ATTEST: 1/L 3