NILES PLEASANTON TRACK CONSOLIDATION 1984

REET IMAGE March 27, 1984 Approved as to Form RICHARD J. MOORE, County Counsel By Deputy THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA On motion of Supervisor Bor , Seconded by Supervisor Excell and approved by the following vote, Ayes: Supervisors Bort, Cooper, Excell and Chairman George - 4 Noes: Supervisors None Excused arctbsnt: Supervisors' Santana - 1 THE FOLLOWING RESOLUTION WAS ADOPTED: EXECUTE AGREEMENT WITH CITY OF PLEASANTON NUMBER R -84 -295 WHEREAS, the County of Alameda previously entered into a four -party agreement with the City of Pleasanton, the Southern Pacific Transportation Company, and The Western Pacific Railroad Company relating to the construction and maintenance of a comprehensive grade separation and grade crossing elimi- nation project and certain railroad track consolidations between the Niles District in the City of Fremont and the City of Pleasanton; and WHEREAS, it is necessary for said County of Alameda and said City of Pleasanton to enter into an agreement to set forth their respective engineering, construction, and financial responsibilities in connection with the aforesaid grade separation and grade crossing elimination project; and WHEREAS, said County of Alameda under Resolution No. 194665, adopted September 28, 1982, executed an agreement with said City of Pleasanton; and WHEREAS, in order that certain contractual and financial responsibil- ities be modified in the abovementioned agreement, said Resolution No. 194665 is to be rescinded and a new agreement executed; and WHEREAS, the City of Pleasanton, under Resolution No. 84 -130, adopted March 13, 1984, did execute this proposed new agreement; and WHEREAS, the Director of Public Works and Road Commissioner has rec- ommended that a new agreement be executed on behalf of the County of Alameda. NOW, THEREFORE, BE IT RESOLVED, that the prior agreement executed under Resolution No. 194665, adopted September 28, 1982 is hereby declared to be null and void and the provisions of this Agreement shall supersede and take the place thereof; and BE IT FURTHER RESOLVED, that this Board of Supervisors does hereby approve that certain Agreement between the County of Alameda and the City of Pleasanton for the aforesaid purposes; and BE IT FURTHER RESOLVED, that the Chairman of this Board of Supervisors be and he is hereby authorized and directed to execute the aforesaid Agreement on behalf of the County of Alameda. RCL 69 I CERTIFY THAT THE FOREG! !S A COR- RECT COPY OF A ra2SOLUTION ADOPTED SY THE BOARD OF SUPERVISORS ALAMEDA COUNTY, CALIFORNIA MAP, 27 19Q4 ATTEST: WILLIAM MEHRWEIN, CLERK Or ARD ERVIS R BY