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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2022- RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PUBLIC HIGHWAY AND PEDESTRIAN AT-GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR IMPROVEMENTS TO THE HALCYON DRIVE RAIL CROSSING OF THE NILES SUBDIVISION WHEREAS, a Public Highway and Pedestrian At-Grade Crossing Agreement (Crossing Agreement) between the City of San Leandro and Union Pacific Railroad (UPRR), for the at- Grade Highway-Rail Crossing, DOT No. 749744E, in the City of San Leandro, Alameda County, for the Niles Subdivision at the Halcyon Drive UPRR crossing, a copy of which is attached hereto and incorporated herein by reference, was presented to this City Council; and WHEREAS, the Crossing Agreement allows the expansion of crossing improvements to accommodate an extended right turn lane, removal of an abandoned rail spur, and sets forth responsibilities for construction of improvements; and WHEREAS, the Crossing Agreement obligates a lump sum of $78,000 to UPRR for right-of-way access; and WHEREAS, the Crossing Agreement obligates a lump sum of $1,074,592 to UPRR for improvements to be installed by UPRR; and WHEREAS, paragraph V-D-1 of the Development Agreement obligates the Developer to complete the Halcyon Drive public improvements and the Developer shall be responsible for all cost associated with said improvements; and WHEREAS, at completion of construction, all previous agreements for this crossing location shall terminate and the terms and conditions of this Agreement shall govern use, maintenance, and repair of the Washington Ave. at-grade road crossing; and WHEREAS, the City Council is familiar with the contents of the Crossing Agreement and Grant Amendments; and WHEREAS, the City Manager recommends approval of said Crossing Agreement and Grant Amendments. NOW, THEREFORE, the City of San Leandro City Council hereby RESOLVES as follows: 1. That said Public Highway and Pedestrian At-Grade Crossing Agreement with Union Pacific Railroad for Improvements, Use, Maintenance, and Repair of the Halcyon Drive Railroad Crossing of the Niles Subdivision is hereby approved, and execution by the City Manager is hereby authorized. Introduced by _____________ and passed and adopted this 6th day of June 2022, by the following vote: