P-280
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, 1 RESOLUTION AUTHORIZING AGREEMENT WITH PACIFIO ELEOTRIC RAILWAY
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~. " THE CITY COUNCIL OF THE CITY OF SA.NTA MONICA. HEREBY RESOLVES:
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\\-, 5 That th$ City of Santa Monica enter into the annexed
t t\) Agreement with the Pacific Electric Railway Company for main-
~ 8 tenanoe of grade orossing over a portion of the Paoific Electrio
Railway Company's Right of Way specified in said Agreement, pur-
<\~. : suant to Decision 19138 of the Railroad Commiesi on of the state
of California rendered in A.ppl1 cation 14130.
~ "'{ . IT IS FURTHER aESOLVED. that the COmmissioner of Pl1bl1 a
Safetl as ex-offioio Mayor be and he hereby is authorized and
~ I=~, 10 instructea to execute the Same in behalf of the City of Santa
Monica. and that the Commissioner of Finanoe as ex-officiO City
- "-1\ L 01erk be and he hereby is authorized to attest the same and
!'" ~ 11 affix the Seal of the City of Santa Monica thereto.
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Adopted: January 25th, .1928.
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b..> 0 ~ ~ Commissioner 0 F nance.
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ffi~ 0 ~.,.~ ex-offioio Clerk of the 01 ty
Iii~g ~~ 18 Council of the Qdty of Santa Monica.
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i1........~ THIS AGREEIv1ENT made and entered into this 25th day
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I.~ of January, 1928, by and between the CITY OF SANTA MONICA, a
municipal corporation, hereinafter referred to as the "City"
and the PACIFIC ELECTRIC RAILWAY COMPANY, a corporation, herein-
... after referred to as the "Railway Company".
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::JO WHEREAS, the City by application No. 14150 applied
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0 to the Railroad Commission of the state of California for an
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C order authorizing the crossing of certain railroad tracks of the
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."" ::;t; Pacific Electric Railway Company a.t grade and of the lowering
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of such tracks to meet the proposed grade of widened and ex-
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tended street known and to be known as Broadway, in the Ci ty of
Santa Monica, and
WHEREAS, the Railway Company pursuant to mutua.l f
understanding with the City relative to the payment of cost of
installation and maintenance of said crossing as hereinafter
provided, agreed to the granting of said application, and
WE3:EREAS , the Railroad Commission of the State of
California by Decision 19158 dated at San Francisco, California.
on the 25rd day of December, 1927, granted the said application
of the City and provided in paragraph I of said order that the
cost of installation and maintenance of said crossing shall be
borne in accordance with the terms of an agreement entered
into by and between the parties hereto, and that a duly executed
~nd certified copy of this agreement shall be filed with the
Railroa.d Commission of the state of California itithin thirty
(30) days from the effective date of said order, and
WHEREAS , it is the desire of the parties to set forth
herein the a.greement and understanding heretofore arrived at;
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NO'iY. TJ:IER1EFOl1.E,i t is hereby mutually agreed. sUbject
to the approval of said Railroad Commission, as follows:
1. That all cost of installing the proposed crossing,
the lowering oftra.oks, including the protective
device as indicated. in Railroad Comm.issi.on of California Deoision
19138, together with the cost of maintenance of the proposed
pavement during the life thereof, over said right of way and out-
side of the lines, parallel to and tlllO (2) feet outside of the
ou.tside ra.ils of the track of the Railway Company, except a.s to
the cost of any portion of the aOOVie which is includedin any
condenna.tionaward which may be made to the Railv,e,y ComJ:iany, shall
be at the cost of the City of Santa Monica; and where the condem-
nation award.embraces construction or reoonstruction cost of
any such items, then such construction or reconstruction shall be
at the cost and expense of the Railway Company, it being und..er-
sitood tha t if sl1all be a.sses.sed
against property of the Railway Company in excess of a nominal
assessment, the same shall be paid by the City.
2. Tha t the Ra iJ:way Company s11al1 b ear the 00 st of
maintenance of that portion of the crossing inside of lines
:parallel to and two Co2) feet outside of the outside rails of the
tra.ok of the Railwa.y Company.
IN WITNESS 'NP'oERJ.!:OF, the parties hereto have duly exe-
euted this agreement as of the date first above vvri tten~
Ap?R07:ID AS TO FORM
F'r\1~I:rK KAa:a.
Cbicl . CDu,;;;;:;cl PACIFIC ELECTRIC RAIL~lAY COMPAIfr,
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~,< By QJJ.. '-, .' . -
rijT,J] ). . v:~.,~a ~neraI JEanager
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1L1.V-%(. ~eeretarY.
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CITY OF SA:rJ'TA MONICA,
BY
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