HomeMy WebLinkAbout1968-05-23 - Easement SOUTHERN PACIFIC CO APPROVED AS TO FORM BY GENERAL COUNSEL, ' C.8.7862
` AUGUST 18, 1966 RAF - 4/10/68 - 43860/323-3 V
,14723 STREET OR HIGHWAY EASEMENT bou 8639 PAI 364
Ws lubt tun, made this 23 e- day of M A-f �I , 19(�f , by and between
SOUMRN PACIFIC COMPANY, a corporation of the State of/Delaware, herein called "Railroad," and
CITY OF HUNTINGTON BEACH,'a municipal corporation of the State of Cali orgla
erem called"Grantee";
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or
highway, hereinafter termed "highway," upon and across the real property described on the attached Exhibit "A."
2. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and
similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear-
ranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use
of the space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap-
purtenances in, upon,over, under,across or along said property. In event tracks are removed from said property, Rail-
road shall not be obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property, and the word"grant"shall not be construed as a covenant against
the existence thereof.
4. The rights herein granted shall lapse and become void if the construction orreconstruction of said highway
is not commenced within one (,1) year from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for
maintenance of said highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said
highway. Any contractor performing work on the property herein described shall execute Railroad's standard form
of contractor's agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing
and maintaining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and
maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two
(2) feet outside the rails of each track located thereon.Should Railroad abandon tracks leading to said highway,Rail-
road may abandon its rails,ties and appurtenant materials and leave the same in place. In such event, Railroad shall
not be liable for maintenance of the portion of said highway specified above.
8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by
any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the
construction or reconstruction of said highway commenced within one (1) year from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof,or fail to use the same for
said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban-
doned or discontinued, and Railroad shall at once have the right, in addition to,but not in qualification of,the rights
3 hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so dis-
continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state
and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should
Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, such removal and
restoration may be performed by Railroad, at the expense of Grantee,which expense Grantee agrees to pay to Railroad
upon demand.
10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires
,to retain interest in said property, Grantee shall be required to purchase Railroad's interest in said property at the
then fair market value.
11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
hereto:
12„ It is understood and agreed that Sections 13 to 19 inclusive, on the insert here-
to attached are hereby made parts of this indenture.
IN WITNESS WUERE.OF,the parties hereto have caused these presents to be exee4ed in duplicate as of the day
and year first herein,,written. "
' CITY OF �ON BWA SOt1]'3IF�RN; . IC
' Mayor Ta tl ,� ;i de t
By` ��- f� � `Value of nt eretest: }
C k conveyed herein does Ass scant Secretary
not exceed $100 f
aDOK� •, . �AG��
STATE OF CALIFORNIA, ss.
City and County of San Francisco) +
On this•_— ----day of in the year One Thousand Nine Hundred and Sixty
J before me, John E. jurgens, a NotaryJfi�n and for the City an County of San Francisco, State of California,personall ppeared
(65 Market St.) W. M. Jaekle and A. E. Hill, known to me to be the Vice President and Assistant
Secretary,respectively,of the corporation described in and that executed the within
instrument, and also known to me to be the persons who executed it on behalf of
JOHN=couNTYOF
the corporation therein named and they acknowledged to me that such corporation
NOTARY Ple
�!A executed the same.
w PRINCIPAL P IN
CITY A IN WITNESS WHEREOF, I have hereunto set my land and afixed my official
SAN
seal at any office in the City and County of San Francisco, the day and year in this
r My Commission Expires June 14, 1969 certificate first above written.
Corporation Notary Public in and t e "Ci d i y of San Francisco, State of California.
My Commission Expires June 14, 1969.
F - 4/10/68 - 43860/323- Y .
I N S E R T BOOK 8639 fAGE 366
Heil Avenue
Crossing 6NC-30.70
Huntington Beach, California
13. Railroad shall furnish all necessary labor, materials, tools
and equipment to install and shall install two (2) flashing light grade
crossing signals equipped with automatic gate arms together with
actuating and operating circuits and adequate instrument housing, here-
inafter collectively referred to as "signals" at said highway. Said
signals shall be located approximately as indicated in red on said
print. Installation of and all materials for said signals shall be
in accordance with Railroad's usual standards,
14. Grantee agrees to reimburse Railroad for one hundred per
cent (100go) of the cost and expense incurred by Railroad in connection
with the furnishing and installation of said signals.
15. Railroad, at Grantee's expense, shall prepare its tracks
including change in running rail and furnish and install timber planking
along the rails of the tracks located through the crossing area.
16. Railroad, at Grantee's expense, shall furnish and install
paving in the sidewalk area throughout the crossing.
Grantee agrees to reimburse Railroad for all cost and expense
incurred by Railroad in performing the work specified in Sections
15 and 16 hereof.
17. Railroad shall submit to Grantee a bill for eighty per
cent (800) of the estimated cost to Railroad in performing work here-
under for which Grantee is obligated to reimburse Railroad upon com-
pletion of such work, which bill Grantee agrees to promptly pay.
Should the actual cost prove, upon completion of audit, to be more or
less than such estimated cost, the difference shall be promptly
paid by Grantee or refunded by Railroad as the case may be.
18. After installation of said signals has been completed,
Railroad shall maintain same so long as they remain in place, Grantee
---- shall pay one hundred per cent (100%) of the cost of such maintenance
if allocated funds, as provided in Section 1231.1 of the California
Public Utilities Code, are available.
19. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following
execution of this instrument and shall be completed within one (1)
year thereafter.
This indenture is entered into pursuant to California Public
Utilities Decision No. 73762 dated February 27, 1968.
r
t`
RECORDED AT REQUEST OF
jR OF HUNTINGTON YEAGN
IN OFFICIAL RZCORDS OF
ORANGE COUNTY, CALIF.
9:05 AM JUN 24 i9Ei8
16_* J. WYLIE CARLYLE, County Recorder
FREE
C4
` OAF 4/10/68 - 438.60/323 - y ,
BOOK 8639 PAGE 367
EXHIBIT "A"
Heil Avenue
Crossing 6NC-30.70
That portion of that part of Section 23, Township 5 South,
Range 11 West, S.B.M-. , in the City of Huntington Beach, County
of Orange, State of California, described in deed to the Santa
Ana and Newport Railway Company by the deeds recorded in Book 39,
page 338 and Book 44, page 66, both of Deeds, in the office of
the County Recorder of said county, included within a strip of
land, 80.00 feet wide, lying 40.00 feet on each side of the
East-West center line of said Section 23.
The above described parcel of land is shown on the print
of Railroad's Los Angeles Division Drawing No. A-7363, Sheet
No. 1, dated November 20, 1967, attached and made a part hereof.
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by
the deed dated June 3, 1968 from Southern Pacific Co.
to the City of Huntington Beach, a municipal corporationp is hereby
accepted by the undersigned officer or agent on behalf of the City
Council of the City of Huntington Beach pursuant to the authority
conferred by resolution of the City Council of the City of Huntington
Beach adopted on June 3. 1968➢ and the grantee consents to the
recordation thereof by its duly authorized officer.
Dada ° 1 ACH
r CITY OF HUNTINGTON BE
Brander D. Castle
Assistant City Administrator
Boat 8639 fAg.468
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INSTALL 2NO8 W R S AUTO. 6 1 TES
LEGEND
S,P CO, PROPERTY o.
' RED RELAY OR INSTALL
SOUTHERN PACIFIC COMPANY
V Q W PACIFIC LINES
PROPOSED H16HWAY,{ = 2° 24 ST/aNr'�NBP,' V,
TiCH `�� I N i :.
N EA SEMEN T A �2ti00 Sat cfl -PROPOSED Or t NI N HL I L %a VL
S.T. 120.02
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.�► EXCEA FROM MINUTES OF !CITY,C OU&L
"MINUTES .
Council Chamber, City Hall
Huntington Beach, California
Monday, May 6 , 1968
Mayor Coen called the regular meeting of theQ
City Council of the City of Huntington Beach to order at 4:30 o 'clock P,M. 00
am
Councilmen Present : Shipley, Bartlett, McCracken, Kaufman, Matney, Green, Coen GJ
to
Councilmen Absent : None
C4
SOUTHERN PACIFIC CO R R CROSSING - HEIL AVENUE M
LD
The Clerk presented a communication from the Public Works Department trans-
mitting an Indenture covering the granting of a highway easement and the
construction of a new railroad grade crossing at Heil Avenue east of
Gothard Street . The cost to the City is estimated at 17,405 .00.
On motion by Bartlett, Council approved the Indenture from the Southern
Pacific Company for the Heil Avenue grade crossing, and authorized the
Mayor and City Clerk to execute said document on behalf of the City.
Motion carried ,
�'�S'�9'CS'C�'t�'CStS��'t�t�f�t'itSCStX'i:'''tS�X�'X�'C�'C'9'<"''C�:�f'itS'C�f:�'i:�iC.'G�C'�C�G.'GX' S�iC�'ti:'�i�Z'c�:�4�'G'.•f�'c�C�Gsts'cisCs'tsC:C�'cSc�'c
On motion by Coen the regular meeting of the City
Council of the City of Huntington Beach adjourned,
Motion carried,
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST :
i Alvin M. Coen
'� Mayor
Paul C_.' JT =aS
City Clerk
STATE OF CALIFORNIA )
County of Orange ) ss :
City of Huntington Beach )
I , PAUL Co JONES,, ,the duly elected, qualified and acting City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and fore-
going is a true and correct excerpt from minutes of the City Council of said
City at their regular meeting held on the 6th day of
May , 19 68 .
WITNESS my hand and seal of the said City of Huntington Beach this the 8th
day of May 19 68 F
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY :
Deputy