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Home My WebLink About1974-01-07 - Indenture SOUTHERN PACIFIC TRANSPORTATION COMPANY (2) Reco AS TO F4 .• gj 4FI—a t2 A RE,QUESTED BY 30N r J 3oNFA [ - VI - 43840/323-1 - 11 /73] ,Fty Attorney CI HUNTINGTdN BEACH Rice of the City Clerk Mile Post BAA-519.59-N • oAlicia P. 0. Box 190 ' y A rney Huntington Beach, Calif. 92648 18957E�esnettrAycouNSEL � "` C8 Tax-Ee� �g'enCy `'�° �` ` "' Cityngton Beach entwo STREET OR HIGHWAY EASEMENT l rk By:4_ 4J,.ZZ. _ 0-111 OWYMMu, made this 7 JaA day of nuaY/ 19 idl�e ween.-w SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein called "Railroad," and CITY OF HUNTINGTON A BEACH, a municipal corporation of the State of Californian �« P.O. Box 190, Huntington Beach, California 92648, herein called "Grantee"; 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 Simi- lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged 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, its successors and assigns, to use all the pro- perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication, power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, Railroad shall not be obligated to make any change in the grade of said highway, nor shall such removal affect Railroad's title to the underlying property. 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 two (2) years from the date first herein written. y 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, 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 main- taining 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, Railroad may abandon its rails, ties and appurte- nant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said t 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 two (2) years 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 abandoned or discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re- served, 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 hereby granted, Grantee agrees to remove said highway, including 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 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 f expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 11. Sections 12 to 17, inclusive, on the insert hereto attached are 4 hereby made parts of this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION CITY OF HUNTINGTON BEACH COMPANY qJ A Ak,&& A By B y i Tit e k I �; r, _.�� fir , Mayor Attest ' By Te Assistant teco,fary e STATE OF CALIFORNIA ) ss• OX t I I 0&G I COUNTY OF ORANGE ) On this 8th day of janl,ar-v 19 74 before me, a Notary Public in and for said County and State, personally appeared Jerry A. Matne y known to me to be the Mayor and Alicia M. Wentworth , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within in- strument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. �e♦♦♦aeee♦ee♦o♦o♦eeeo♦♦es♦oeeo OFFICIAL SEAL t CQNN{E A. BROCKWAY 4 ♦ °'d9 NOTARY PUBLIC-CALIFORNIA 4- PRINCIPAL OFFICE IN # ORANGE COUNTY j i Poly Commissinn Expir-s O.t ter 10, 1977 ieee♦e♦ceoesaoeaoeeoea♦oo.eeo* STATE OF CALIFORNIA City and County of San Francisco I Ss' On this 21 st day of February in the year One Thousand Nine Hundred and Seventy f Our before me,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 t• known tome to be the First Assistant Manager, Contract GENE H. ELLINGER nepartment and Assistant Secretary NOTARY PUBLIC-CALIFORNIA of the corporation—described in and that executed the within instrument,and also known ' PRINCIPAL PLACE OF BUSINESS IN t to me to be the person-B_who executed it on behalf o the corporation therein named ANO COUNTY OF. p f f p SAN FRANCISCO and he_Y—acknowledged to me that such corporation executed the same. My Commission Expires July 11, 1975 t; ti 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 x Notary Public in and for the City and Cou y of San F isco,State of California. My Commission Expires July 11, 1975 ^- h V/ 501 4 Sol LJ SMELTZER r < M. P. 519.E MOM v a So' Xa ExNEW pend 1)eade/�3 pa✓,:,� N410141361.97 eae-A -Ira CIr , E 4,288,892.57� o a E4,289,&b a 'ExIshng Atc, 9 N.S.rt Sec.23 -- - �Q.HUNT/NG rON` BEACH 19-- —+-r- - - - of Tian - 12 .4' M 835' Track#2=S.P J891. . `x I. io• .- efocale /-h109 p ' N 70 -00' SUriUC2d Aiecr E }^, W . /pp /DO t• F z. -- ---- Sou. Pcac. bra ery L,rnes Soo' . �� New Vo�-/� � LT � y� �l� ��moi� Anc3/ �e%cafes � � � 1 �`k w d Pro �oosed Easem en f W y w • a v1n`9 z t. Lij Owi"WNW POP e> 4 , * STAT_EMFOF THE ACTION OF CITY COUNC= BK ! I OOPG 19.95 Council Chamber, City Hall Huntington Beach, California Mayor Matney called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Councilmen Present: Bartlett Green Coen Duke, Matney Councilmen Absent: Shipley Gibbs CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs TOPICS PROJECT - CC-226 - CROSSING NO BAA-519.59 - PROPOSED CROSSING IMPROVEMENTS Accepted a street easement indenture granting the right to construct, reconstruct, maintain and use a street or highway, upon and across the real property described in said easement from the Southern Pacific Transportation Company, for the widen- ing of Edinger Avenue in connection with the TOPICS Project, and relocation of the crossing protection at the railroad right of way on Edinger Avenue; authorized the Mayor and City Clerk to execute same on behalf of the City, and directed the City Clerk to return the documents to Southern Pacific Transportation Company: On motion by Coen the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:25 P.M. to Monday. Jan. 21, 1974 at ' 5:30 P.M. in the Administrative Annex The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney _ NOES: Councilmen: None ABSENT: Councilmen: Shipley Gibbs Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California. Alicia M. Wentworth Jerry A. Matney City Clerk ,Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly appointed, 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 Statementof Action of the City Council of said City at their regular meeting held on the 7th day of January 19 74 WITNESS my hand and seal of the said City of Huntington Bea'ch. this .the gth day of January 19 74 City Clerk and ex-of ficio Clerk RECORDED IN OFFICIAL RECORDS of the City Council of the City OF ORANGE COUNTY,CALIFORNIA of Huntington Beach, California 9:05 A.M. MAR 22 1974 BY J.WYLIE CARLYLE,County Recorder Deputy