HomeMy WebLinkAbout1973-05-07 - Easement SO PACIFIC TRANSPORTATION CO r r RECORDING REQUESTED BY
Crn SaF'HUNTIN1GTON BEACH 0
RECORDWQ 0K 10721 PG 978
Y 31918
AND WHEN RECORDED ED B ORDED MAIL TO FREE RECORDED IN OFFICIAL RECORDS
Ci4 OF ORANGE COUNTY, CALIFORNIA
Name
CITY OF HUNTINGTON BEACH 9:05 A.M. MAY 301973
Street
Address Office of the City Clerk
City
P. 0. Box h90 J.WYLIE CARLYLE,County Recorder + �►
Stazipte
Sta �Nuntington Beach. C ##f. 92648 J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
43855/314-1
Mile Post BAA-522.59-N
THIS INDENTURE made this / 7f day of , 19 , by
and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the
state of Delaware, herein termed "Railroad", and CITY OF HUNTINGTON BEACH,
a municipal corporation of the state of California, address: City Hall,
P. 0. Box 190, Huntington Beach, California 92648, herein termed "Grantee"
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reservations,
covenants and conditions herein contained, the right to construct, recon-
struct, maintain and operate a twenty-four (24) inch and a thirty-six (36)
inch RCP storm drains, hereinafter termed "structure", beneath the tracks
and property of Railroad at or near Wiebling, in the county of Los Angeles
in the state of California, crossing the center line of said tracks at
Engineer Station 959+12, Mile Post 522.59, in the location shown on the
print of Railroad' s Los Angeles Division Drawing No. A-10834, Sheet No. 1,
dated February 2, 1973, attached and made a part hereof.
Said structure shall be installed in accordance with the specifica-
tions indicated on the print of Railroad' s Drawing No. C.S. 1741, also
attached and made a part hereof.
Mail Tax Statements To:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntington BPich, Calif. 9264P
Tax-Exempt-Government Agency
CITY Of HUNTINGTON BEACH
.�i��'.�`� �
Deputy City Clerk V
Form C-I, 5/19�72e
BK 10721 PG 979
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-
i_ng, 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,
OK 10721 PG 980
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
or abandoned.
-3-
Form C-�1, 5/19/72 - ,
OK 10721 g8
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
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
By
T e First Asst Mgr., Contract
Attest:
Assistant Secretar
CITY OF HUNT IN ON B H
A
By
ayor
Attest:
Acting City 4er
t
AP ` VE A TO FO
D014 A
city At o e
t�
LBy•
Deputy City Attorn y
STATE OF CALIFORNIA ) 0
$x ��� !i �G 9
City and County of San Francisco )} V
On this 7th day of May in the year One Thousand Nine Hundred and Seventy three
before rne,GENE H.ELLINGER,a Notary Public in and for the City and County of SanFrancisco,State of California,personally appeared
(One Market St.)
L. D. Blake and R. W. Humphrey
known tome to bethe First Assistant Manager, Contract
E Department and Assistant Secretary
GENE H. ELLINGER
of the corporation described in and that executed the within instrument,and also known
/ NOTARY PUBLIC-CALIFORNIA
to me to be the person^ _who executed it on behalf of the corporation therein named
PRINCIPAL PLACE OF BUSINESS IN
CITY AND COUNTY OF and t he_y—acknowledged to me that such corporation executed the same.
SAN FRANCISCO
My Commission Expires July 11, 1975 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.
Corporation
Notary Public in and for the City and County of San Frago o,State of California.
My Commission Expires July 11, 1975 V/
k
BK 10721 PG 983
City o Huntington it f Hunti ton Beach
P.O. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated May 7, 1973 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
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
j Dated : May 29, 1973 CITY OF HUNT INGTON BEACH
4
Alicia M. Wentworth
ty er
By: `7 , ' ' —
Deputy City C e ,
Bx 10721 QG 984
Note: for i e lines Cater in Main Track taGe
PP 9 or S ding 50 1741
f/Ammob/e substances d
see C S. 1742 ��
Svbgrade „ �Ya Ditch GNU TH/CXNE Z O BPIPE CASINGS
4 Bottom of Ditch or FOR SUPPORT/NG TRACK
�� Existing Ground Line Inside COM'gate Smooth
�, Dlameter IronPl e VeelPioe
3-0"M/n./fno casing
� (See Casing Note No.7) IrlChes U.S Ste. A 117C es
Carrier Pioe y 1 Casing Pipe I,—See/ Gage No. Inches
4 to /0 /4 'rf?
---- P/Pe Lime 1 /2 14 h6
Carrier Pipe 15, 18 /4 P4
%5!0" /.50 /2_O" 5'-0"t H 21,24 12 y4
But not less than/0'-0` 30, 36 f0 6
PIPE IN EMBANKMENT (See Genera/Rule 2) PIPE /N CUT 48,54,60 e
RULES 6011ERNIN6 THE/NSULLAT/ON OF PIPE LINES TRANSM/TT/N6 2. Metal casing for supporfing track shall conform to thicknesses TABLE II
WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSS/N6 shown in Table I and shall have ioints of either screw,welded or riveted CONCRETE ENCASEMENT
UNDER TRAC/fS type. It shall be galvanized or shall be d/Opel in preservative material FOR PIPES
and fhorough/y;coated ins/de and outside. If preservative material cannot Number of
6E/1ERAL be ysed on Inside of casing, then the casing shall be of least one gage
/. Distance H from bottom of tie to fop of p/pe,cos/rig or concrete encasement shall or re thicker than otherwise required, d A LOng*udina/
not be less than 3-0" (See exception in General Note 3.) 3. Concrete casing for supporfing track shall have the strength spec/fled Inches Riches &' Bars
2.Any pipe lines crossing any track do not requ/re a casing prov/aed the carrier /n current ATSM Ser/al Designat/on C-76,Coss IV. All jo/n1s shall be wafer- /0, /2 4 4
pipe is of sufficient strength to support the track and has watertight jo/nts.For such fight and of on approved type of construction.
pipe lines, casing lighter than specified in fable I for supporfing track may be 4. The ins/de diameter of cosinq shall be of least 2 Inches greater than the /5 4
used for Insta/ling pipe,provided the space between corner pipe and cos/ng is lar est outside diameter of carrier pipe. /8 5 8
backfil/ed with grout or sand. 5. S¢es of cos/rig larger than shown/n Table I are special cases and will upon their menu 2124 27 6 8
If carrier pipe does not have sufficienl strength to support !rock:casing or be decided u
concrete encasement must be installed Length of casing measured at nghf 6angles Cos/ng shall be so installed as to prevent formation of waterway under 30 7 f�2
to track shot/extend each side of center fine of frock five feet plus the verf/cal the railway. It shall have even bear/ng throughout Its length and shall slope 33 B /2
d/slance from bottom of he to tap of casing or encasement but not less than ten toward one end 36 9 /2
feet,except that where casing /s installed through railroad embankme#/1 shall 7 Regardless of the strength of carrier pipe, cos/ngs must be provided
extend beyond slope of embankment. at a//locations where pipe crosses under drainage ditches if cover is less
3. When practicable,casings and carrier pipes may be installed by the ioclung or than X-0" Cas/ng under ditch may be separate from,or a conlinualion A %2"�S/irrvos A
boring methods. If these methods are used the minimum depth from bottom of cos/ng under track, and must extend a minimum of I'-0"beyond top 2`0 E• `—'II
of he to top of pipe or bore must be 3�-0'or one pipe d/omeler,whichever shoulders on each s/de of the ditch.
/s greater, however, where there /s good cohesive soil the depth may B. When placed /n open cut, p/pe lines hov/ng diameter of 36 or o� --��--
be less than one pipe diameter, but not less than 3L O" w/lh less, when crossing tracks other than ma/n tracks and s/dings, may
special permission of the Chief Eny/neer. If installed by tunnel/rig be encased in concrete as shown /n Table II. °
or boring, fhe space around casing or carrier pipe must be bockfi/led 9 Where the ends of the casing are be/ow ground, they shall be a
with grout or sand. sealed to suitably protect against the entrance of foreign mafeno/ I ��
4.No pipe lines shall be told through or under bridges or culverts, whkh might prevent ready removal of the carrier p/pe <:I
where there 15 likelihood of restricting the area required for the Where the ends of the casing are at or above ground surface d
purpose for which the bridges or culverts were built, or endanger/rig and above high water level, they may be left open, provided drainage "
foundations of important structures /s afforded m such o manner that leakage will be conducted •Clear
5. if additional franks are constructed in the future,the protection away from the roadbed and structures
shall be correspondingly extended. ?'yprcd/
6. Inverted siphons for drainage or irr/got/on ditches (C.S.1705)
using steel p/pe with welded or screwed taints or corrugated iron
p/pe with a// seems and purls close riveted and soldered having o
diameter of 48 inches or less and the required strength to support CARRIER PIPE
track, may be installed without a casing. /. Carrier pipe Shoff be of an approved type with water-fight SOUTHERN PACIFIC LINES
CASING Joints. COMMON STANDARD
/. Casing may be of either corrugated iron smooth steel or concrete. 2. Corrugated' iron, smooth steel or concrete carrier p/pe
/> shall have sufficient strength to support frock,except that o when used without a casing shall have the some strength PIPE LINES
• lighter cos/rig may be used for rnsfol/otion purposes as provided required above for casings.
III General Rule 2 above. 3 Cost iron currier pipe used wi*out o easmq shall have o FOR NON-FLAMMABLE SUBSTANCES
Neslab/e (knocked down) type plain golvon/zed corrugated pipe thickness not less than that specified for Class 150 Cost Iron CROSSING UNDER TRACK
of gage correspond/rig to requ/rements of Table / may be pipe
used to protect carrier p/pes that are already in place. 40-SCALE ADOPTED APR. 20,1953
' REVISED JAN. 5,1970
Line B.A Station � � .` ___3` PIPE CRDSS �NG DATA 1NEE1 �yw� F1
f75
00 E.S. 9 9t/Zr M. P. _s22.59
v "�' i' Bate .
4+Ral�r P1 o Sr.4LE 'ciao' — Sheet NA..
co Appli.cantciTir c��-.fr�JN$.�NG7o�sf � 9t�' - - --_ - -
` r � a
Address ''T.C.?(1� Location 6�G�✓r-.%w rnhl.e9�ir.vrr,•+•9z6�►�t '° 3. <t `�
r aci l i ty
0 Purpose FLone� Gavr.E'e� CE
00, -Materials and Installation as Per -�
CS/7 /
tra
Is Pipe Under Pressure ? ,Distant'i-rom Dottom Ci 1 e ;o Top v: *Casing
1T n � _C ��y
I.} Less Than '
Pipe Carries Substan:.es and -.as casing, Nu-,,ben it- °'c
r 8
and Location, of vents q - 3 4?0 2
PW
Carrier Pipe .+Pr ---..*
eriais — — ---- — -
-
�as^
-- rr- er
m �a
a: r�pE .939lr/�'
ci t• OX
a: v
D.ametr Casing
Smoot- Steel In. j
C? fV N hickness
X(Gf as_n;) if used- 2 Corrugatec Yetal -- (,:age; d,
E othe_vlse carrier p e`
CrCarrier Pi^e
O Pipe Len.;th r
w w Casing
v O C is Pipe I s aeinforced won A.S :-N.. ,.ass;:
a c v si;;r,ation C-76 � ,g
E
W 7f P_pe is Cast _ron A.W. W.„. ClLss
l
sh Sketch: 2
V �..
Plan, Cross Section and Des�zlpticn of :racx or iracxs LEGEND
> v 'Under V,hicn Proposed Pipe ;:s to be placed together u
- v REA -PROf'OvEA FAG�L.�TY
X X with ail nece sar dimensions. ---- Co,
_ --SOU.PACC.TRAN AT40N P F.QT-Y
Q - UNDMORC7wNO ^AQKrR Form C E 35569 Sept. 17, 1967.
Drawing. No. W.O.
w
STATEMENT OF THE ACTION OF CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, March 19, 1973
00
Mayor Coen called the regular meeting of the
City Council of the City of Huntington Beach to order at 7:00 P.M.
Councilmen Present:. Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen N
-v
Councilmen Absent: None
co
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CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bartlett, the following items were approved as recommended by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT:Councilmen: None
AGREEMENT - SO. PACIFIC TRANSPORTATION CO. - EASEMENTS - CC-190 - APPROVED - Approved an
agreement between the City and Southern Pacific Transportation Company in connection with
easements for the installation of storm drain facilities and traffic signal conduit
crossings within the railroad right of way at Garfield Avenue and Main Street in connection
with Project CC-190, Garfield Avenue Improvements, now under construction, and authorized
the Mayor and City Clerk to execute same on behalf of the City, subject to approval by the
Director of Public Works and City Attorney.
On motion by Bartlett the regular meeting of the
City Council of the City of Huntington Beach adjourned at 11:50 P.M.
to at in the
The motion was passed by the following vote
AYES: Councilmen:Shipley, Bartlett, Gibbs, Green, Matney. Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
Pau] C_ Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST: By Ernestina Di Fabio
Assistant City Clerk
Paul C. Jones Alvin M. Coen
City Clerk Mayor
By Ernestina Di Fabio
Assistant 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 the 19th day of March 19Z,3,
WITNESS my hand and seal of the said City of Huntington Beach this :the 20t day of
March , 19 73 .
Paul C. Jones
City Clerk and ex-officio Clerk
of the City"Council of the City
of Huntington B ach, .Cali€ornia
_ 4 _
BY:
Deputy
STATE OF CALIFORNIA ) S3:
COUNTY OF ORANGE )
On April 3, 1973_ , before me, a Notary Public in
and for said State, personally appeared Alvin M. Coen,
known to me to be the Manor, and Ernestina Di Fabio,
known to me to be the -Acting City Clerk of the
Municipal Corporation that executed the within instru-
ment, known to me to be the persons who executed the
within instrument on behalf of the Municipal Corpora-
tion therein named, and acknowledged to me that such
Municipal 'Corporation executed the within instrumenbr � n���� r ��� s = ���S �eLw. »�
WITNESS my hand and official seal.Xf
`Y ;;T
$ L