HomeMy WebLinkAbout1968-08-19 - Indenture SOUTHERN PAICFIC COMPANY ROVED AS TO FORM BY GENERAL COUNSEL, MF - 7/29/68 - 43860/3 '� Y S•
AUGUST 16, 1966 6
t �. Sip ed o f
NO TAX DUE ` �, STREET OR HIGHWAY EASEMENT OD
'
orhey
s
Z4t's lubr turf, made this i4 t day of , 19 4D 6 by and between
SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware
herein cared "Railroad,"and
CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,
herein called"Grantee";
5616 2468
26
1. That Railroad hereby grants to Grantee the right to construct, reconstruc 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 or reconstruction 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
4 not be liable for maintenance of the portion of said highway specified above.
S. 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
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 17 inclusive, on the
' insert hereto attached, are hereby made parts of this indenture.
IN WITNESS WHEREOF,the parties hereto ha-ve-caused these presents to be'executed in duplicate as of the day
and year first-herein written.
CITY.OF` B SOUT P C ' tFARY
�f
By _ By
By Attest:
Clerk Assistant 'Secretary
aou 8745 PAL[ 1,65
hy
• 'p'ls� a�. to c<gt)y f R a tilt- a yt s:re-t9�; a r y� k*sbr eis+ylir S'.eMn lm.•-
'
�he d� e att,d August 19, 1968 frgi
Southern Pacific Company � } y 1 kr
a� .
T the a �# "j fIIL ins ` , gR µ
�g��-i ce 4yyySS `. i $ '5.� "'gg spa 5.,-',Y y',r,e�`"• `,' y.�� 3 .}}4�T GeyC`?:b�Lk�pphr,�..� 55td9�° }}4..{{+ ty
! ry 'xi„' 1.(,, �Yf s,s 3 4 j,i,3e6� +.i'4+i '�. ,1 "`Ll ;6 y. the (�,ij*�orl y
Cit
wn
fD3 �A ns 3 > ay � ! 1 i w x� $.c crnnas
+ Ek: i' 0tla�
k
* c r, t'� i o r�
- ti
E>xed: October 1, 1968 1 ` . "r ON BEACH
r;
nq ADAd
gv
e ^
,,TE CF CALIFCRNIA ) SS
TC
UNTY OF ORANGE
)
On before me, a Notary Public in and for said
Sta Alvin M. Coen ,
known to me to be the Mayor,
te personally�apeared
and Paul Co Jones, known to me to be the City Clerk of the Municipal
Corporation that executed the within instrument, known to me to be the
persons who executed the within instrument on
that of the Municipal
such Municipal.
Corporation therein named, and acknowledged to
Corporation executed the within instrument.
WITNESS my hand and official.. seal.
� OFFICIAL SEAL
ERNESTMA 01 FAB10
NOTARY PUBLIC - CALIFORNIA
s PR1NC!P!'L 0�'ICE III
ERNE$TI^IA 9I FAB;D — NOTARY PUKIC OR NGS COUNTY
In and for the County of Orange,State of California
My Commission Expires June 25, 1969
City Half-Huntington Beach, Calif.
STATE OF CALIFORNIA,
City and County of San Francisco ss.
On this A� _day of __..__in the year One Thousand Nine Hundred and Slay___ t
before me, ROBT. J. BUSHNER, a Notary Public yid for the City an County of San Francisco, State of California, o"oymnall eared
(65 Market St.) E. Hoyt and A. E. Hill, . known to nw to be the Vice President and Assistant
Secretary, respectively, of the corporation described in and that executed the within
ROBT. J. BUSHNER instrument, and also known to me to be the persons who executed it on behalf of the
NOTARY PUBLIC•CALIFORNIA corporation therein named and they acknowledged to me that such corporation executed
PRINCIPAL PLACE OF BUSINESS IN the same.
CITY AND COUNTY OF
' SAN FRANCISCO 1N 1V1TN .WHEREOF, have hereunto set my hand and affixed my o{fictal
seal at my"ti a ,t*city n ounty of San Francisco, the day and year in this
My Commss`on Expires July 12, 1970 certificate "abov
Corporation Notary Public if-and fo the City and County of San Francisco, State of California.
MY Commission Expires July 12,1970
. RAF - 7/29/68 - 43860/323f - V
ao(x 8746 fAGF 166
I N S E R T
Edinger Avenue
Crossing No. 6NC 30.20
Huntington Beach, California
13. Railroad shall furnish all necessary labor, materials, tools
and equipment to perform the following work:
(a) remove existing crossing in track area
and prepare track including necessary
change of running rails and installation
of solid timber planking along the rails
of each track through the existing portion
of the crossing area;
(b) install solid timber planking along the
rails of each track through the widened
portions of the crossing area and install
paving for sidewalk in the track area; and
(c) relocate one (1) existing flashing light
grade crossing signal and automatic gate
arm apparatus and replace two (2) auto-
matic gate arms with gate arms of suffi-
cient length to span the widened lanes
of traffic for each direction of travel.
Such work shall include necessary alter-
ations to and/or relocations of track
circuit controls.
Grantee agrees to reimburse Railroad for one hundred per cent
(100%) of the cost and expense incurred by Railroad in furnishing
materials and performing the work specified in Items (b) and (c)
of this Section 13.
Railroad, at its expense, shall perform the work specified in
Item (a) of this Section 13.
14. Grantee, at Grantee's expense, shall furnish and install
and thereafter maintain all paving on approaches to the crossing
area together with all curbs, gutters and other street facilities.
15. Railroad shall submit to Grantee a bill for eighty per
cent (80%) of its share of the estimated cost to Railroad in per-
forming work for which Grantee is obligated to reimburse Railroad
hereunder upon completion 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.
16. After reinstallation of said signals and appurtenances has
been completed, Railroad shall maintain same so long as they remain
in place. Grantee shall pay fifty per cent (500) of the cost
of maintaining said signals and appurtenances in accordance with
California Public Utilities Commission Decision No. 70150,
17. The work to be performed by Railroad 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.
RAF 7/29/30 - 43860/323-2 - V�
baox 8746 P4GE 16
EXHIBIT "A"
Edinger Avenue
Crossing No. 6NC 30.20
PARCEL 1 :
That portion of the North 20.00 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 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 600 square feet, a little more or less.
PARCEL 2:
That portion of the North 20.00 feet of the South 50.00
feet of the South Half of Section 14, Township 5 South, Range 11
W S.B.M. , in the City of Huntington Beach Count of Orange,est, tY g , Y g ,
State of s per ma recorded in Book 51 page 13 of
California,� p P � P g
Miscellaneous Maps, in the office of the County Recorder of said
count included within the boundaries of that certain parcel
Ys
of land, described as PARCEL No. 8 in the deed to the Pacific
Electric Railway Company, recorded on June 16, 1948, in Book 1653,
503j of Deeds in the office of said count recorder, con-
taining page � Y �
taining an area of 260 square feet, a little more or less.
PARCEL 3•
That portion of the North 20.00 feet of the South 50.00
feet of the Southwest Quarter 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 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 2, 560 square feet, a little more or less.
RECORDED AT REQUEST OF
011Y OF HUNTINCTON 9FACH
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIF.
9:05 AM OCT 8 1968
C4 J. WYLIE CARLYLE, County Recorder
TEMENT OF THE ACTION OF Y COUNCIL
Council Chamber, ''City 'Hall
Huntington Beach,' California
_Monday, September 16, 1968
Mayor Coen called the regular meeting of the
City Council of the City of Huntington Beach to order at 4:30
o 'clock P.M.
Councilmen Present®
• qb1,121gy, Bartlett, McCracken, Kaufman, Matney, Green
Councilmen Absent: Coen
_Nnne
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 strip 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 30 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
property for widening of Edinger Avenue, by the following roll
call vote:
AYES: Councilmen: Shipley, Bartle-tt, McCracken, Kaufman,Matney,
NOES: Councilmen: None Green, Coen
On motion by Kaufman the regular meeting of
the City Council of the City of Huntington Beachadjourned.
Motion carried.
Paul r_ Jolae s
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
Alvin M. Coen
72ai,1 r- JnnPS Mayor
City Clerk
STATE OF CALIFORNIA )
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 l At hday of September 19 .
Paul C,_ .Tones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy