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File Number: 18-071 <br />WHEREAS, the California Public Utilities Commission issued General Order 88-B, <br />Request for Authority to Alter the Alvarado Street At-Grade Highway-Rail Crossing, CPUC No. <br />001D-14.99 and DOT No. 912075T in the City of San Leandro, Alameda County, issued on <br />September 26, 2017 (File Number XREQ 2017090004) for the Niles Subdivision at the Alvarado <br />Street crossing; and <br />WHEREAS, a Public Highway and Pedestrian At-Grade Crossing Agreement (Crossing <br />Agreement) between the City of San Leandro and Union Pacific Railroad, a copy of which is <br />attached hereto and incorporated herein by reference, was presented to this City Council; and <br />WHEREAS, the Crossing Agreement obligates the City to fund $589,460 in rail crossing <br />easements and improvements to be implemented by Union Pacific; and <br />WHEREAS, the City’s funding obligation to Union Pacific has been transferred to SLTC by <br />way of the Development Agreement with Chang Income Property, with funding available in the <br />escrow account to issue fee credits and to pay Union Pacific; and <br />WHEREAS, the City Council is familiar with the contents of the Crossing Agreement; and <br />WHEREAS, the City Manager recommends approval of said Crossing Agreement. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />1. That said Public Highway and Pedestrian At-Grade Crossing Agreement with Union <br />Pacific Railroad for Improvements to the Alvarado Street Rail Crossing of the Niles Subdivision is <br />hereby approved, and execution by the City Manager is hereby authorized; and <br />2. That the City Manager shall use the authority granted by the Development Agreement <br />and Escrow Agreement to disburse funds to Union Pacific as payment pursuant to the Crossing <br />Agreement. <br />Page 2 City of San Leandro Printed on 7/10/2018