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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO.2022-079 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO <br />APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PUBLIC <br />HIGHWAY AND PEDESTRIAN AT -GRADE CROSSING AGREEMENT WITH UNION <br />PACIFIC RAILROAD COMPANY FOR IMPROVEMENTS TO THE HALCYON <br />DRIVE RAIL CROSSING OF THE NILES SUBDIVISION <br />WHEREAS, a Public Highway and Pedestrian At -Grade Crossing Agreement (Crossing <br />Agreement) between the City of San Leandro and Union Pacific Railroad (UPRR), for the at - <br />Grade Highway -Rail Crossing, DOT No. 749744E, in the City of San Leandro, Alameda County, <br />for the Niles Subdivision at the Halcyon Drive UPRR crossing, a copy of which is attached hereto <br />and incorporated herein by reference, was presented to this City Council; and <br />WHEREAS, the Crossing Agreement allows the expansion of crossing improvements to <br />accommodate an extended right turn lane, removal of an abandoned rail spur, and sets forth <br />responsibilities for construction of improvements; and <br />WHEREAS, the Crossing Agreement obligates a lump sum of $78,000 to UPRR for <br />right-of-way access; and <br />WHEREAS, the Crossing Agreement obligates a lump sum of $1,074,592 to UPRR for <br />improvements to be installed by UPRR; and <br />WHEREAS, paragraph V-D-1 of the Development Agreement obligates the Developer <br />to complete the Halcyon Drive public improvements and the Developer shall be responsible for <br />all cost associated with said improvements; and <br />WHEREAS, at completion of construction, all previous agreements for this crossing <br />location shall terminate and the terms and conditions of this Agreement shall govern use, <br />maintenance, and repair of the Washington Ave. at -grade road crossing; and <br />WHEREAS, the City Council is familiar with the contents of the Crossing Agreement and <br />Grant Amendments; and <br />WHEREAS, the City Manager recommends approval of said Crossing Agreement and <br />Grant Amendments. <br />NOW, THEREFORE, the City of San Leandro City Council hereby RESOLVES as <br />follows: <br />1. That said Public Highway and Pedestrian At -Grade Crossing Agreement with Union <br />Pacific Railroad for Improvements, Use, Maintenance, and Repair of the Halcyon Drive Railroad <br />Crossing of the Niles Subdivision is hereby approved, and execution by the City Manager is <br />hereby authorized. <br />