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HomeMy WebLinkAbout1971-01-12 - Easement SOUTHERN PACIFIC TRANSP CO R;f V - 43860/321-2 - 11/24/ AP P VEIP A8 TO�FORM 8Y GENERAL COUNSEL, ` . i C.8.7962 AUGUST 16, 1966 14987. STREET OR HIGHWAY EASEMENT 9554rtf 48 1457 Lot' i Inbruturr, made this day of 19 , by and between SOUTHERN PACIFIC TRANSPORTATION CO a corporation of the State of Delaware, herein called "Railroad," and CITY OF HUNTINGTON BEACH., sr a municipal corporation of the State of California, herein called"Grantee"; t 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. A 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 yfrom the date first herein written. "Mm5. This grant shall no©be construed s 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 t froo�mrr the date first herein written. 9. Should Grantee at any time abandon the use of said property or any pArtt t e eof,or fail to use the same for - aid 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- (,Qntinued 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 #rantee 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. r+ 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. . ► 12. Sections 13 to 17, inclusive, on the Insert hereto attached are hereby made parts of this indenture. { , IN WITNESS WHEgEGF,the paAies hereto have caused these presents to be exeeuted in dupplicate as of the day and year first herein written. ;SOUTHER ACIF Sl9' ION COI�[PANY CYTy' N' I,AiCx1"O1� RASH e� C Ti.ti �u res c n � f yor Attest: _-Assista"CZ,Zec ary Mork b�J 9554 FaE 49 • ML ;0 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated January 12 , 1971 from Southern Pacific Transportation Company to the City of Huntington Beach , a municipal corporation, 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 con- ferretr`by,.'ru"tion of the City Council of the City of Huntington Beach°, opted••Qn June 3, 1968, and the grantee consents to the r records ion theTeoi, by its duly authorized officer. Hated: February24 , 1971 CITY OF HUNTINGTON BEACH n er D. Castle • , Assistant City Administrator T RAF V 43860/321-2 - 11/24/70 E X H I B I T "' A 9554 pac 50 Adams Avenue Crossing No. BAA-523.59 That certain piece or garcel of land, situate in the City of Huntington Beach, County of Orange, State of California, described as follows: A strip of land, 60.00 feet in width, situated in the city of, Huntington Beach, County of Orange, State of California, being .that portion of that certain 40 foot strip of land described in deed to Pacific Electric Railway Company, recorded in book 1653, page 503 of Official Records, in the office of Recorder. of said County, lying 30.00 feet northerly and southerly measured at right angles, from the easterly prolongation of the center line of Adams Avenue, 60 feet in width as now laid out, formerly Quincy Street, formerly Wesley Avenue, as per map of Tract No. 12 as recorded in Book 9, page 13 of <Miscellaneous ]taps, in the office of said Recorder. The above described real property is shown on the print of Railroad's Los Angeles Division Drawing A-8856, Sheet NO.' l, revised May ?, 1970, attached and made a part hereof. * RECORDED-Eq},�pF IN OFFiCiAL, RECORDS OF * ORANGE COUNTY, CALIF. 9:05 AM FEB 25 1971 * 1. IME CftyM Carroty Recarder` .v FREE C4 EXHIBIT "All RAF-- v - 43860/321-2 - 11/24/70 INS E R T 554 51, Adams Avenue, Crossing; No. BAA-523.59 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 with additional` light units mounted on cantilever arms and augmented by automatic gate arms, together with necessary actuating and operating circuits and adequate in- strument housing, hereinafter collectively referred to as "signals", at said highway. Said signals shall be located approxi*ately as indicated on the attached print. Installation of and all materials for said signals shall be in accordance with Railroad's usual standards. Such installation shall include removal of existing crossing signs. Grantee agrees' to reimburse. Railroad for fifty percent (50%) of all cost and expense incurred by Railroad in connection with the furnishing and installation of said signals and removal of existing crossing signs. 14. Railroad, at its expense, will remove the existing grade crossing in the track area, -prepare its tracks through the crossing area and furnish and install paving in the existing portions of the crossing area. Railroad, at Grantee's 'expense, shall furnish and install paving in the widened portions' of the crossing area. Grantee agrees to reimburse Railroad for all cost and expense incurred by Railroad in connection therewith. 15. Railroad shall submit to Grantee a, bill for sixty percent of Grantee's share of the estimated cost. to Railroad in performing 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 installation of said signals has been completed, Railroad shall maintain same so long as they shall remain in place. The cost of maintaining said signals shall be apportioned between the parties hereto in accordance with Sections 1202.2 and` 1231.1 of the California Public Utilities Code. The precise manner and method of determining applicable charges, manner and method of payment and other procedures under said sections shall be governed by any applicable decisions of the California Public Utilities Commission. 17. 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, INSET STATE OF CALIFORNIA City and County of San Francisco ss. On this day of in the year One Thousand Nine Hundred and Seventy before me, John E.Jurgen s,allotary ublic in an or the City and County of San Francisco, State of California, personally appeared W. M. Jaekle and R. W. Humphrey, known to me to be the Vice President and Assistant Secretary, respectively, of the corporation described in and that executed the within ,,�^• JOHN E. JURGENS instrument, and also known to me to be the persons who executed it on behalf of the NOTARY PUBLIC-CALIFORNIA corporation therein and they acknowledged to me that such corporation executed the PRINCIPAL PLACE OF BUSINESS IN same. CITY AND COUNTY OF IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official SAN FRANCISCO seal at my office in the City and County of San Francisco, the day and year in this- My Commission Expires June 13, 1973 certificate first above written Corporation Notary Public in and for t ity d C of San Francisco, State of California. My Commission Expires June 13, 1973" -? -STATE OF CALIFORNIA ssa COUNTY OF ORANGE On December 22.,_ 1970 , before me, a Notary Public in and for said Mate, personally appeared Donald D� Shipley, known to me to be the Mayor, 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 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 FLOYD G. BELSITO n ✓ > 'yam NOTARY PUBLIC'— CALIfORIVIA PRINCIPAL OFFICE IN lot •■ ORANGE COUNTY MY Commiseon Expires Mar. 10, 1974 r , ' •. ,.. '"« "v`,`. -n., 'ysryo:, i.v..,.,> t..,?±'s.. J.,.. # ;i.= .. # , yt` A;": .,5 +Y }�..<%. 4 '� Tk•'.:• r. e NIADI77 , r Ln 47� VP Ilia , iv , e• • R 1 a x I .. 14 l , .. V yr w: « , J - x « :«, +. E. $ ► -} f pt r �, ''is e� - «, � �'e a < _ l r. Y >e Y , , ,: i+�ir.iw.r..r�r�rw��r.w -'.. • ��' ;�1 I���"rg"".a < k . m "• r. _ ,in:,y�, :�, p, .,r ,,,. - , . ...,.�c — xh: J•v Pad" 3 „ a5 , ., ✓.".. ,. < ,.1. ` ... .. ._ q,...-,p'R 14-.: •r , .,-;. .� ,� :. ,n... ... � ,'. ` to '`a�xx•'s:. �-<<. .„ i i '•.• `� � ^..M ., ..,i 'y per.:,--. �"," '.. > • :iq.e e:�r s '�- .¢.: a „e. •t,.�,: .2 t �":.. X •: +�j y.P a� ^ x h e � 1 ,L=Yn a , n^ • -.0 0 •. , «, � ` • *x t' nw, < ,.;`� e`, yam{ Ao s • c IL < ^ a , , rP ..,5{yt. „s„::. < a,. "R. ^fd's ,. .h,� 4, tlA'- •yr ` '"�r- �'-- 'sL•a. ,44:aywWM-<,"- r• -. , -... ,:e, 7 . - STA NT OF THE ACTION OF CI UNCIL .4 Council Chamber, City Hall Huntington Beach, California Monday, December 21, :1970 Mayor Shipley 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: McCracken Bartlett, Gibbs , Green, Matney, Coen, C.l Lrl Councilmen Absent: N�ley CONSENT CALENDAR (ITEMS APPROVED) U1 On motion by Green, the following consent items were approved as recommended by the following roll call vote : AYES : Councilmen: McCracken, Bartlett, Gibbs , Green, Matney, Coen, Shipley NOES : Councilmen: None ABSENT: Councilmen: None 4. EASEMENT AGREEMENT - SOUTHERN PACIFIC RAILROAD - CC-138 - Approved an easement agreement covering the improvement of the Adams Avenue rail- road crossing - CC-138 -as recommended by the Director of Public Works , and authorized the Mayor and City Clerk to execute same , and that the Clerk attach a certified copy of the minute action to each for return to the Southern Pacific Railroad Company. On motion by Coen the regular meeting of the City Council of the Cityof Huntington Beach adjourned. 8 J o 'o M ti n carried. Paul C . Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: - Donald D. Shipley Paul C. Jones 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 the2lst day of Decmeber , 19 70 . WITNESS my hand and seal of the said City of Huntington Beach this the22nd day of December 1970 Paul C . 'Ja es City Clerk :Clerk of the City Council `oLthe, City of Huntii/ngtgn, Beach', `-aiifornia BY: %Deput