Conclusions of Law

1. This order should be effective immediately as City wishes to commence construction of the project at the earliest possible date.

2. We find that the City adopted feasible mitigation measures and adopt the City's findings and mitigation measures for purposes of our approval of the project.

3. The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. City of Palmdale (City) is authorized to reconstruct Avenue S overhead grade separation bridge structure, identified as Crossing No. BB-415.8-A over the Union Pacific Railroad Company's (UP) Colton Cutoff tracks in Palmdale, Los Angeles County.

2. Clearances shall be in accordance with General Order (G.O.) 26-D; except that during the period of construction, a vertical clearance of not less than 21 feet 0 inches above top of rail is authorized, and UP shall be authorized to operate with such reduced overhead clearance provided that the railroad issues instructions (and files them with the Commission's Rail Safety and Carriers Division) limiting the height of loads beneath the structure.

3. Walkways shall conform to G.O. 118. Walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of damage during construction.

4. Construction and maintenance costs shall be borne in accordance with an agreement to be entered into between parties. A copy of the agreement, together with plans of the project approved by UP, shall be filed with the Commission by City prior to construction. Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.

5. Within 30 days after completion of the work under this order, City shall notify the Commission in writing that the authorized work was completed.

6. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.

7. The application is granted as set forth above.

8. Application 02-02-009 is closed.

This order is effective today.

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