HomeMy WebLinkAbout1968-08-19 - Easement SOUTHERN PACIFIC COMPANY RAF - 7/29/68 - 43860/3211�_ - VI
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"A THIS INDENTURE, made this f�i day of xxfs,ti.J
1968, by and between SOUTHERN PACIFIC COMPANY, a corporation of the
State of Delaware, herein termed "Railroad", and CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, herein
termed "Grantee"; ,
WITNESSETH:
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1. Railroad hereby grants to Grantee, subject to the reser-
vations, covenants and conditions herein contained, an easement
for construction, maintenance and operation of storm drain facilities,
hereinafter termed "structure" in, upon, along, across and beneath
the following described real property:
PARCEL 1•
That portion of the North 10.00 feet of the South 50.00
feet of the South Half of Section 14, Township 5 South,
Range 11 West, S.B.M. , in the City of Huntington Beach,
County of Orange, State of California, as per map recorded
in Book 51, page 13 of Miscellaneous Maps, in the office
of the County Recorder of said county, included within the
oe boundaries of that certain, strip of land, 30 feet wide,
described in the deed to the Santa Ana and Newport Railway
Company, recorded on June 14, 1899, in Book 44, page 66
of Deeds, in the office of said county recorder, containing
an area of 300 square feet, a little more or less.
PARCEL 2:
That portion of the North 10.00 feet of the South
50.00 feet of the South Half of Section 14, Township 5
South, Range 11 West, S.B.M. , in the City of Huntington
Beach, County of Orange, State of California, as per map
recorded in Book 51, page 13 of Miscellaneous Maps, in the
office of the County Recorder of said county, included
within the boundaries of that certain parcel of land des-
cribed as PARCEL No. 8 in the deed to the Pacific Electric
Railway Company recorded on June 16, 1948, in Book 1653,
page 503 of Deeds, in the office of said county recorder,
containing an area of 130 square feet, a little more or less.
PARCEL 3:
That portion of the North 10.00 feet of the South
50.00 feet of the Southwest Quarter of Section 14, Town-
ship 5 South, Range 11 West, S.B.M. , in the City of Hunting
ton Beach, County of Orange, State of California, as per
map recorded in Book 51, page 13 of Miscellaneous Maps,
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boom 8746 PAGE 158
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This l tun Certif,� ����� ��� �� � �� �i � ���?�����`'" �d�� �� �,
the deedn date'd August 19, 1968 f-r
Southern Pacific Company
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Dated- October 1, 1968 �: �. F UNn E� A
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BOOK 8746 PAGE 159
in the office of the County Recorder of said county, in-
cluded within the boundaries of that certain parcel of
land described as Parcel No, 7 in the deed to the Pacific
Electric Land Company, recorded on June 16, 1948, in
Book 1653, page 518 of Official Records, in the office
of said county recorder, containing an area of 1,280 square
feet, a little more or less.
RECORDED AT REQUEST OF
STY OF MUMUNSTON BEACM
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
-la 9:05 AM OCT 8 1968
FREE J. WYLIE CARLYLE, County Recorder
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3Q6/68 - Form C
Bua,'-;8746 PuE 160
2 , This grant is made subject and subordinate to the prior
and continuing right and obligation of Railroad, its successors
and assigns, to use all the property described herein in the per-
formance of its duty as a common carrier and, for that purpose,
there is reserved unto Railroad, its successors and assigns, the
right (consistent with the rights herein granted) to construct,
reconstruct, maintain and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, communication and pipeline facilities and appurtenances in,
_upon, over, under, across and along said property.
3. This grant is made subject to all licenses, leases, ease-
ments, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property, and the word
"grant", as used herein, shall not be construed as a covenant
against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and be-
come void if the construction of said structure upon said property
is not commenced within one (1) year from the date first herein
written.
S. Grantee shall bear the entire cost and expense of con-
structing, reconstructing and maintaining said structure upon said
property. Grantee agrees that all work upon or in connection with
said structure shall be done at such times and in such manner as
not to interfere in any way whatsoever with the operations of Rail-
road. The, plans for and1the construction or reconstruction of said
structure shall be subject to the approval of Railroad. Grantee
agrees to give Railroad five (5) days' written notice prior to
commencement of any work of construction or reconstruction.
"Grantee agrees to reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the in--
stallation and removal of such falsework and other protection be-
neath or along Railroad's tracks, and the furnishing of such watch-
men, flagmen and inspectors as Railroad deems necessary.
In the event Railroad shall at any time so require, Grantee, '
at Grantee's expense, shall reconstruct or alter said structure or
make changes in the location thereof upon receipt of written notice
from Railroad so to do.
6. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized, lawful body against the property of Railroad
(and which may have been paid by Railroad) to defray any part of the
cost or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
?. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structure in good and
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
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3/26/68 ro n C ,
BOOK 8746 PAGE t 6 1
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand,
8. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad, should 'be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with the railroad company which
operates on said property, satisfactory to said company and indem-
nifying Railroad from and against all claims, liability, cost and
expense growing out of the performance of the work to be done by
such contractor.
Such contractor shall furnish, at the option of and without
expense to Railroad, a reliable surety bond, in an amount and in a
. form satisfactory to said company, guaranteeing the per-
formance
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faithful
formance of all the terms, covenants and conditions contained in
said agreement, and a certified copy of a policy of Public Liability
and Property Damage insurance, within limits specified by, and in a
form satisfactory to, said company, covering the contractual lia-
bility assumed by contractor in said agreement to be entered into
with said company by such contractor.
9. Grantee shall assume all risk of damage to said structure
and appurtenances, and to any other property of Grantee, or any
property under the control or custody of Grantee, while upon or near
the property of Railroad, caused by or contributed to in any way by
the construction, operation, maintenance or presence of Railroad's
line of railroad at the above-mentioned location.
Insofar as it lawfully may, Grantee agrees to indemnify and save
harmless Railroad, its officers, employees, agents, successors and
assigns from all claims, liability, cost and expense, howsoever same
may be caused, including reasonable attorney fees, for loss of or
arising
damage to property and for injuries to or deaths of persons ar g
g A P Y J
out of the construction, reconstruction, maintenance, presence, use
or removal of said structure, regardless of any negligence or alleged
negligence on the part of Railroad's employees.
The word "Railroad", as used in this Section 9, shall be con-
strued to include, in addition to Railroad, the successors, assigns
and affiliated companies of Railroad and any other railroad company
that may be lawfully operating upon and over the tracks crossing said
structure and the officers and employees thereof.
10. Should Grantee, its successors and assigns, at any time
abandon the use of said property, or any part thereof, or fail at any
time to use the same for the purpose contemplated herein for a con-
tinuous period of one (1) year, the right hereby given shall cease to
the extent of the use so abandoned or discontinued, and Railroad shall
at once have the right, in addition to but not in qualification of the
rights hereinabove reserved, to resume exclusive possession of said
property, or the part thereof the use of which is so discontinued or
abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable
to the same state and condition in which it existed prior to the con-
struction of said structure. Should Grantee in such event fail,
neglect or refuse to remove said structure and restore said property,
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3/26/6& - Form C
soap$746 PAGE 162
such removal and restoration may be performed -by Railroad, at the
expense of Grantee, which expense Grantee ,agrees to. pay to Railroad
upon demand,
11. This indenture shall inure to the benefit of and be bind-
ing upon the successors and assigns of 'the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate as of the day and year first
herein written. ',
CITYl A Y '4�TC SOtTT I�' t�NY
By .'
Mayor T e) E[VT
B Attest:
Clerk istant, . eeretary
.1 Y
proved as to form
City Att
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4
STATE OF CALIFCRNIA BOOK874PLVAGE 163 ,
COUNTY OF ORANGE
On before me, a Notary Public in and for said
StatV, personally appeared - Alvin M. Coen 0 known to me to be the Mayor,
and Paul Ca Jones, known to me to be the City Clerk of the Municipal
Corporation that executed the within instrument, known to me to be the
persons who executed the within instrument on behalf of the Municipal
Corporation therein named, and acknowledged to me that such Municipal
Corporation executed the within instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
ERNESTINA DI FAB10 CALIFORNIANOTARY PUBLIC - C
PRINCIPAL OFFICE IN
ERNESTINA DI FABIO— NOTARY PUBLIC ORANGE COUNTY
In and for the County of Orange,State of California
My Commission Expires June 25, 1969
rj" 1411 R-M, fl-14
STATE OF CALIFORNIA, ss.
f City and County of San Francisco
On this �y --day of— ___..,in the year Or►e Thousand Nine Hundred and Sixt ��arerd
!� before me, ROBT. J. BUSHNER, a Notary Public i ai for the City an County of San Francisco, State of California, perso
(GS Market St.) L. . Hoyt and "A. E. Hill, known to me to be the Vice President and Assistant
W. Secretary, respectively, of the corporation described in and that executed the within
=C00)) NOTARY
BUSHNER instrument, and also known to me to be the persons who executed it on behalf of the
LIC CALIFORPIIA corporation therein named and they acknowledged to me that such.corporation executed
E OF BUSINESS INthe same.
COUNTY OF jN y�i '1\7 SS WHEREOF, leave hereunto set m hwlell'arid tt ed"rtt o ceal
RANCISCO y f�
seal at my in a City a County o San Francesco;;the Clay att Dear.in.this
My Commsson Expires July 12, 1970 certificate st ab e r ten.
Corporation Notary Public and r & City and County of San Francisco;,'St to of California.
My Commission Expires July 12,1970
T-EMENT OF THE ACTION OF AJY COUNCIL
` Cou , 1 Chamber, City Ha11
u Huntington Beach, California
onday. September 16, 1968
Mayor Coen called the regular meeting of the
} City Council of the City of Huntington Beach to order at 4:30-
r
o`clock P..M. «
Councilmen Present: 00
McCracken. ufman. Matney, Green
Councilmen Absent: Nnne 4
WIDENING OF EDINGER AVENUE AT S.P.R.R. - APPROVED
The Clerk presented a transmittal from the Director of Public
Works of roadway and storm drain easements necessary for the
widening of Edinger Avenue at S.P.R.R., together with a `request
to purchase a stripp of land across their non-operating property
for an amount .of $2,492,00 for the purpose of providing a street
right-of-way within their 10 foot wide track easement,
On motion by Matney, Council accepted roadway and storm drain
easements in connection with the Edinger Avenue widening, and
directed the Mayor and City Clerk to execute same; and further
directed the City Clerk to record the easement with the Orange
County Recorder. Motion carried.
On motion by Green, Council authorized payment to Southern Pacific
Company in the sum of $2,492.00 from State Gas Tax Funds for the
,
purpose of purchasing a strip of land across their non-operating
a, property for widening of Edinger Avenue, by the following roll
�# call vote:
$1 AYES: Councilmen: Shipley, Bartlett, McCracken, Knufman,Metney,,
DOES Councilmen: None Green, Coen
On motion by Kaufman the regular meeting of
the City Council of the City of Huntington Beach adjourned.
Motion carried.
Paif l C- Jones
City Clerk and ex-officio Clerk
of the City.Council of the City
` of Huntington Beach, California
ATTEST:
Alvin H. Coen
pm111 r, AnnAig Mayor
City Clerk
s. STATE OF CALIFORNIA )
s County of Orange ) ss :
City of Huntington Beach )
I , PAUL C. JONES, the duly elected, qualified and acting City Clerk
of the City of Huntington Beach, California, do hereby certify that
the above and foregoing is a true and correct Statement of Action
of the City Council of said City at their regular
meeting held on theday of September 1968
WITNESS my hand and seal of the said City of Huntington Beach this
the 9t1day of saptamber 1968
Paul C`_ _T ne9
City Clerk and ex-offi,cio Clerk
of the City Council of the City
of Huntington ,Beach, California
Deputy