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HomeMy WebLinkAbout1972-08-25 - Indenture SOUTHERN PACIFIC TRANSP CO t Rb6ORD11VIs REQUESTED BY J63 VI+++IW 43855/312-21 6/30/79 . This document is s IE solely CITY OF HUNTINGTON BEACH y for the Official business of the CitCa] y E of Huntin_;ton Beach, as contem- plated under Government Code AND WHEN RECORDED MAILTO Sec. 6103 and should be recorded RECORDED IN OFFICIAL RECORDS Name free of eharPe. OF ORANGE COUN',j GALIFORNIA 7 f CITY OF HUNTINGTON BEACH 9:05 A.M.,Street �� JAN 8 1973 Address Office of the City Clerk J.WY City P. 0. Box 190 � AL I ,�"Y 1, � t seer State ----•— - _._ Zip untington Beach, Calif. 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE III M.P. BAA-522.11-g THIS INDENTURE, dated this 2 day of 1972, by and between SOUTHERN PACIFIC TRANSPORTATION -a,[PANYa corporation of the State of Delaware, herein termed "Railroad", and CITY OF HWTINGTON BEACH, a municipal corporation of the State of California, mailing address: P.O. Box 190, Huntington Beach, CA 92648, herein termed "Grantee"; WITNESSETH: 1. For and in consideration of the faithful performance by Grantee of all the terms, covenants and conditions herein contained, Railroad hereby grants to Grantee an easement to construct, reconstruct, maintain and operate one eight-inch (8") diameter setter pipeline within a sixteen-inch (1611) smooth steel casing pipe, hereinafter termed "structure" beneath the tracks and property of Railroad at or near its station of Eiebling, in the County of Orange, State of California, crossing the center line of Railroad's tracks at its Engineer Station 9.85+10, (tile Post BAA-522.11, in the approximate location illustrated on the print of Railroad's Los Angeles Division Drawing A-10473, Sheet No. 1, dated May 100 1972, attached hereto and made a part hereof. Said structure shall conform with the specifications indicated on the print of Railroad's Drawing CS--1741, also attached hereto and made a part hereof. -1- Form C-1, 5/19/•72 • - =t 336 Project markers in form and size satisfactory to Railroad identifying the facility and its owner will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 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 transportation, 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 become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 5. Grantee shall bear the entire cost and expense of construct- ing, 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 Railroad. The plans for and the 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 installation and removal of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, 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. -2- Form C-1,. 5/19-/72 • a 7. 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 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 indemni- fying 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 faithful perfor- mance 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 liability 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 prop- erty under the control or custody of Grantee while upon or near the property of Railroad incident to the construction or maintenance of said structure caused by or contributed to in any way by the con- struction, 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 damage to property and for injuries to or deaths of persons arising out of the construction, reconstruction, maintenance, pres- ence,- use or removal of said structure regardless of any negligence or alleged negligence on the part of Railroad employees. The word "Railroad" as used in this section 9 shall be construed 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 or 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 continuous 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 of abandoned. -3- Fo rm''_C-1', 5/19/7 2 r are;< 10505 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 construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure 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. 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto, x w r i _ IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PAC FIG ATICK MANY B9 kntle) Cc r s Attest ^ Assistan retary CITY OF RUNT GT BEA y©r pRo, rEM er ; STATE OF CALIFORNIA ) SS: �f COUNTY OF ORANGE ) On August 8, 1972, before me, a Notary Public in and for said State; personally appeared Ted W. Bartlett, known to me to be the Mayor Pro Tempore, and Paul C. Jones, known to me to be the City Clerk of the Municipal Corporation that executed the within instrument, known to to be the persons who executed the within instru- ment 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. Rim AL SEALA DiFAB10LIC-CALIFORNIAE COUNTYxpires Jona25.1973 P.0. Box 190, Huntington BSA.Calif.9264 t STATE OF CALIFORNIA City and County of San Francisco ft/�jS RR ©S,�w�Q� ,} R vi.i il=. VV V On this �/ / 6 day of in the year One Thousand Nine Hundred and Seventy ✓�4.C� before me,Gene H.Ellinger ,allotary Public in and for the City and County of San Francisco,State of California, personally appeased W. M. Jaekle and R. W. Humphrey, known to me to to the Vice President and Assistant Secretary, respectively, of the corporation described in and that executed the within y instrument, and also known to me to be the persons who executed it on behalf o/the t corporation therein and they acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above written. ..ice 1' Corporation Notary Public in and for the City and County of San F ncrsco, State of California. My Commission Expires July 11, 1975 IOr i Note: f/air maNensubsfan es9 ���S dig 5Urtace 1741 'y see C S/742 Svbgrade r , 6 �! Dian Ground TABLE I THIC/rNESS OF PIPE CASINGS o Bottom of 0I1ch or FOR SUPPORT/NG TRACK �� Existing Ground Line Inside Carrugate Smooth a neter Iron Prpe Stee/Pipe a,= 3-0"M/n.ifno casing U.S.Std. *77,into Carrier Pipe Casir Pie Seo/ (See Casing Note No.7/ IaCheS C-a e No. Inches ---- ------ --- 9 P r- g 12 /4 /6 Carrier Pipe f5, 18 14 P4 S=0" /.5D /2=0 5'-0"t t/ 21,24 /2 %4 But not/ess than/0'-0` 30.36 /0 6 PIPE IN EMBANKMENT (See Genera/ Rule 2) P/PE /N CUT 48,54,60 8 RULES 6011ERIVINO THE INSTALLATION OF PIPE LINES TRANSMITTING 2. Meta/ casing for supporting track shall conform to thicknesses TABLE ff WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING shown in Table I and shall have joints of either screw,welded or riveted CONCRETE ENCASEMENT UNDER TRACKS type. It shallbe galvanized or shall be dipped in preservative material FOR PIPES and it :coated inside and outside. If preservative material cannot hhimber of GE/ RAL be gzsed on Inside of casing, then the casing shall be at least one gage IDistance H from boom of fie to top of pipe, casing or concrete encasement stroll or/s thicker than otherwise required. d A Lalgitadinal not be less than 3-0' (See exception in Generof Note 3.) J. Concrete casing for supporting track shall have the strength specified Inches Jltches �12"4 Bdrs 2.Any pipe lines crossing any track do not require a casing provided the carrier in current ATSM Seriol Designation C-76,Class IV. A//joints shall be water- 10, 12 4 4 pipe is of sufficient strength to support the frock and has woterlighl jo/nts.For such fight and of on approved type of construction, pipe lines,casing fighter than specified in table I for supporting track may be 4. The inside diameter of casing shall be of least 2 inches greater than the 15 15 4 used for Installing pipe,provided the space between corner p1pe and casing is larggest outside diameter of carver pipe. �24 5 8 backhYled with grout or sand. 5. Sizes of casing forger than shown in Table I ore specio/cases and will 21 6 8 If carrier pipe does not hove sufficient strength to support frock,casing or be decided upon their meatsconcrete encasement must be installed Lenyfh of casing measured of sigh! ang/es 6. Casing shall be so installed os to prevent formation of waterway under 7 f2 to track sho//extend each side of center line of track five feet plus the whoa/ the railway. If shall have even bearing throughout its length and shall slope 33 8 12 distance from bottom of he to tole of casing or&7cosement but not less lhon ten toward one end 36 9 12 feet,except that where casing /s installed through railroad embankmene it shall 7 Regardless of the strength of carrier pipe, casings must be provided extend beyond slope of embankment. at a//locations where pipe crosses under dro/noge ditches If cover /s less 3. When practicable,casings and canner pipes may be installed by the jacking or then 3�-0" Casing under ditch may be separate from, or a conf/nualion A %2"eS/irrups A boring methods. If these methods are used the minimum depth from bottom of casing under track, and must extend a minimum of I'--0"beyond top of tie to top of pipe or bore must be 3 O"or one pipe diameter,whichever shoulders on each side of the ditch. rs greater; however, where there /s good cohesive son/ the gbpth may 8. When placed /n open cut, pipe lines having diameter of 36"or u be less than one pipe diomefer, but not less than 3'--01' with less, when crossing tracks other than main tracks and sidings,may specio/ permission of the Chief Engineer. If installed by tunneling be encased in concrete as shown in Table ZT. or boring, the space around casing or carrier pipe must be bockfi/led 9 Where the ends of the casing are -below ground, they shall be 1 with grout or sand sealed to suitably protect against the entrance of fore/gn material 4.No pipe lines sho// be told through or under bridges or culverts, which might prevent ready removal of the carrier pipe II where there rs likelihood of restricting the area required for /he Where the ends of the casing are at or above ground surface purpose for which the bridges or culverts were built, or endangering and above high wafer level, they may be left open, provided drainage foundolions of important structures. is afforded in such a manner that leakage will be conducted ° •Ck�r 5. If additional tracks are constructed in the future,the protection away from the roadbed and structures shall be correspondingly extended. yprca/ 6. Inverted siphons for droinoge or irrigation ditches (C.S./705) o o p_.• . using steel pipe with welded or screwed joints or corrugated Iroo .. pipe w/1h a// seams and joints close riveted and soldered hoving o ° diameter of 48 inches or less and the required strength to support CARRIER PIPE track, may be installed without a casing. /. Carrier pipe shall be of an approved type with wafer-light CASING joints. SOUTHERN PACIFIC LINES/. Casing may be of either corrugafed Iron smooth steel or concrete. 2. Corrugated' iron, smooth steel or concrete carrier pipe COMMON STANDARD /1 shall have sufficient strengfh to support track,except that a when used without a casing shall have the some strength PIPE LINES lighter cosing moy be used for /nsfollot/on purposes as provided required above for casings. in General Rule 2 above. 3 Cost iron carrier p/pe used without a easing shall hove a FOR NON-FLAMMABLE SUBSTANCES Nestable (knocked down). type p/oin golvon4red corrugated pipe thickness not less than that specified for Class 150 Cost Iron CROSSING UNDER TRACK of gage corresponding to requirements of Table / may be pipe used to protect corr/er p/pes that are already in place- NO-SGAI_E ADOPTED APR. 20,1953 jREVISED JAN. 5, 1970 Line aJ�7�4 LC�S Station f PIPF CROSSING O/TI SNEET QtV��►0f1�NCi .., E.S. 8¢ f 7 S M. y-- P.lIrIJI/7 �CClC� - -- _ /0 7Z S _ _ No. r.t C/f( O � /7U C7R4 ARRIPiVE Appiica I ,address ; O. Bc�x ,► , Location Itl 2 W IEBLING Fac_,.ity Purpose to rrn D I-Q/r? CE Materials and Installation as per zo 844 .S22.I/ -x a CS r r41 Is Pipe Under Pressure /VO Distant Fro:. Bottom Of Tle To. Top Of Casing /5 i f �. If Less Than 3 Why ? V ' -'If Pipe Carries ila,^able Substances and has casing, Number and Location of vents Carrier Pipe ,Materials Casing �`� - 00 \ \ V "'- -- Carrier P pe 72 " �'� Diameter Cas_n 990 9 8 ..��. 7. q �o�9 S 4 3 tG tD Smoot' steel (In. ) o Sfon n - - S.0�o2`02.6v d. - ,y 3.3, o' f/un /n fcar} Beoc Q N N. Pipe mail Thickness — r. �*(Q f casin A' if used- ,crrugated M,etaL (Gage) + E of -' se se �a_rierpe 7 �` E p Carrier Pipe `_ �� _ - tr o "" Pipe Lencth ,E`s '9E34f 7 w Casing C p Pipe Is Reinforced Conc. A.S T.M. Class CZ vesignatign C 76 TV O E !i If P:pe Is Cast 11r,9n A.W.W.A. Class C" a ..�.: m CFurnish Sketch: 2 Jl Cr O i 0 ' Plan, Cross Section ark Desorption L of Track or Tracks `G a N0 v v Under Vlhich Proposed Pipe is­,�o be placed together M W M with all necessary dimensions. ---- 5�,.t. PLaC.T?ANSPf�QTA�ION CO. P?7P5_QT`( uNpEQ620xUwD 1n&mVe(2 Form C E 35569 Sept. (T, 1967. Z — N Drawing. No, W.O. r T STATEMENT OF THE ACTION OF CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, August 7, 1972 Mayor Pro Tempore Bartlett called the regular meeting of the C=) City Council of the City of Huntington Beach to order at 7:00 P.M. CD Councilmen Present: Gibbs, Green, Matney, Duke, Bartlett -n Councilmen Absent: Shipley, Coen CONSENT CALENDAR - (ITEMS APPROVED) On motion by Matney, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Gibbs, Green, Matney, Duke, Bartlett NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen 14. SEWER AGREEMENT - SO. PACIFIC TRANSPORTATION COMPANY - Approved the recommendation of the Director of Public Works for an agreement with the Southern California Trans- portation Company for construction and maintenance of a sewer main within RR property, required for development of land north of Ellis Avenue, west of Huntington Street, under Tract 7601, and authorized the Mayor and City Clerk to execute same on behalf of the City. On motion by Gibbs the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:43 P.M. to August 9, 1972 at 6:00 P.M. in the Council Chamber The motion was passed by the following vote: AYES: Councilmen: Gibbs, Green, Matney, Duke, Bartlett NOES: Councilmen: None ABSENT: Councilmen: Shipley, Coen Paul_ C_ Jones___ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Paul C. Jones Ted W. Bartlett City Clerk Mayor Pro Tempore 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 the 7th day of August a; 1972, WITNESS my hand and seal of the said City of Huntington Beach this the 10thday of August 1972 Pail-.C. Jones City Clerk-and_ex-of.ficio Clerk of the City Council-,of the City of Huntington Beach, California BY: Deput