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HomeMy WebLinkAbout1975-01-08 - Indenture SOUTHERN PACIFIC TRANSPORATATION CO - 43860 21-2 - 2/8/7 + Cj� OF HUNTINGTON PEACH (RAF VI /3 BK I f 435n 226 a Office of the City CFerk This document Is solely for the EXEMPT co LLU ®' P. 0. Box 190 official business of the City C 9 OVER AS TO 11OR t1 a_ Huntington Beach, Cak 92648 of Huntin-ton Peach, as contem- DON P. BONFA 0: Z APPROVED AS TO FORM BY GENERAL COUNSEL plated under Government Code C.S.7362 CD a City Attorney, Z 7 MARCH 15, 1973 Sec. 6103 and should be recorded free of charge. U °' 21045 STREET OR HIGHWAY EASEMENT By: LU Deputy City A�G'�orae�' Mile Post BAA-519.33-N t li�P2�f�YXP, made this day of �U°ut ILL19 7r� by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, (2499 herein called'"Railroad", and a Delaware corporation, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, P. 0. Box 190, Huntington Beach, CA 92648., herein called "Grantee"; c 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. t 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. 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 y 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 highway specified above. t 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 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 16, inclusive, on the insert hereto attached are hereby made parts of this indenture. 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 TRANSPO TATION COMPANY CITY OF HUNT GTON BEACH B r :�Z� I By Title aer, an Mayor c Attest Title Assistant Se tail Cler i ' STATE OF CALIFORNIA ) 8X i 1435PG 227 COUNTY OF ORANGE ) ss: On this //729— day of 19 7 before me, a Notary Public in and for aid County and State, personally appeared Alai 'gfa zlea We / /jj s , known to me to be the Mayor and ayg , ;. 0& JjeAgrA�r4;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. -►P�lA♦A!®4+p6404E®b�4Q9A4^QlOAM4 Y. ids D C, { r� r , ��L � „ • c �fForznIa C:OL114TY �y MY 10; 1979 Fla STATE OF CALIFORNIA City and County of Saa/n Francisco On this�, f flay of LAA-,Lr_-L&4 n the year One Thousand Nine Hundred and Seventy 4X� ' j before me,BARBARA E.BURR15NVESi,6kotary Public 14 and for the City and County of San Francisco,Stateof California,personally appeared (One Market St.) O.G.Linde and R.W.Humphrey,known to me to be the General Manager- Lands and As- sistant Secretary, respectively, of the corporation described in and that executed the within instrument,and also known to me to be the persons who executed it on behalf of the corpor- B_ ? ation therein named and they to me that such corporation executed the same. BARBARA E. BURROW ES � p 4 NOTARY PUBLIC-CALIFORNIA PRINCIPAL PLACE OF BUSINESS IN -IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal CITY AND COUNTY OF SAN FRANCISCO at my office in the City and County of San Francisco,the day and year in this certificate first My Commission Expires October 29,1978 above written. r Corporation Notary Public in and for the City and County of San Fr to of California. L_ My Commission Expires October 29, 1978 [RAF - VI - 43860/321-2 - 2/8/741 " EXHIBIT "All BX 11435PG 229 Center Drive Crossing No. BAA-519.33 That portion of the north one-half (A-) of the south one-half (S2) of Section 14, Township 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Ha.ntington Beach, County of Orange, State of California as per map recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the Recorder of said County, described as follows: Beginning at the southeast corner of said east one-half; thence North 0° 391 35" West along the center line of said Section 14, a distance of 30.00 feet to the True Point of Beginning of the parcel of land to be described; thence South 89° 311 1711 West 15.10 feet to a point of tangent curve concave southerly having a radius of 470.00 feet; thence westerly along said curve through a central angle of 12° 161 2111 an arc distance of 100.67 feet to a point in a line parallel with and distant 115 feet westerly, measured at right angles, from said center line; thence North 0° 39t 35" West along said parallel line, 71.38 feet to a point of a curve concave southerly having a radius of 540.00 feet, a radial line through last said point bears North 11° 091 5211 West; thence easterly along last said curve through a central angle of 100 201 41", an arc distance of 97.50 feet to a point in a tangent line; thence North 89' 311 1711 East along last said line 33.07 feet to a line parallel with and distant 15 feet easterly, measured at right angles, from said center line; thence South 00 391 3511 East along last said parallel line 70.0 feet to a point distant North 89' 31t 1711 East, 15.00 feet from said True Point of Beginning; thence South 890 31t 1711 West 15.00 feet to the True Point of Beginning, containing an area of 0.21 of an acre, more or less. I N S E R T Center Drive Crossing No. BAA-519.33 City of Huntington Beach 1143 P6 230 12. Railroad shall furnish all necessary labor, materials, tools and equipment to install and shall install two (2) flash- ing light grade crossing signals with additional light units mounted on cantilever arms, supplemented with automatic gate arms, necessary actuating and operating circuits and adequate instrument housing, hereinafter collectively referred to as "signals," at said crossing. Said signals shall be located approximately as indicated on the print of Railroad's Los Angeles Division Drawing No. A-10606, Sheet No. 1, revised September 21, 1972, attached and made a part hereof. Installa- tion of and all materials for said signals shall be in accordance with Railroad's usual standards. Grantee agrees to reimburse Railroad for one hundred percent (100%) of all cost and expense incurred by Railroad in connection with the furnishing and installation of said signals. 13. Railroad, at Grantee's expense, shall prepare its tracks including the furnishing and installation of timber planking along the rails of the tracks located through the crossing area. Grantee agrees to reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in connection therewith. 14. Railroad shall submit to Grantee a bill for sixty percent (60%) 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 bee more or less than such estimated cost, the difference shall be promptly paid by Grantee or refunded by Railroad, as the case may be. 15. After installation of said signals has been completed, Railroad shall maintain same so long as they remain in place. 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. 16. The provisions hereof notwithstanding, this project has been completed in accordance with the authorization of the California Public Utilities Commission and its Decisions No. 80409 and No. 80842. LG _ 00 - + i SHEET NO.OEM f' 60(5 } 15ao' ��oo' 4o' 1 _ r-�>ti ir 42EF'"c.s. soy _ .—tr-,rvAL \ ii•.1'STA'l,.L IJ O. •_ _ ._ ¢hip ��i13 �, �4 AJ'R7. C-,1�TL G6►..n l `r TQAUSP(:)r:2l�,T T lrQQ logo' \! Zso' SOUTHERN PACIF K:C COMIPANY PACIFIC UN ES f-- r &`1 ci—TY OF HUIJTI}J7--To ..J - F'ttiai' sAL F 0F 5A55 14T:-7, C)4-7�" �CA'L STATEMENT OF THE ACTION ,OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, June 16, 1975 Mayor Gibbs called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. / +►� OK I 1�f 35f 0 42232 Present: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs Absent: None CONSENT CALENDAR (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None RAILROAD CROSSING AGREEMENT - CENTER DRIVE - CC-219 - APPROVED —Approved an agreement between the City and Southern Pacific Transportation Company and authorized execution by the Mayor and City Clerk and authorize the payment of $5,400 to be charged to Gas Tax 2107 Funds. On motion by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:02 P.M. to Tuesday. June 17, 1975 at 7:00 P.M. in the Council Chamber The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None Alicia M_ Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Norma Brandel Gibbs City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) SS: City of Huntington Beach) I, ALICIA M. WENTWORTH, the duly elected and qualified 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 16th day of June , 1975 WITNESS my hand and seal of the said City of Huntington Beach this the 17th day of June 19 75 RECORDED FN OFFICIAL RECORDS Al i nia M. Wentworth RE ORANGE COUNTY, CALIFORNIA City Clerk and ex-officio Clerk of the City Council of the City eJ twin. 11 A.M.JUN 191975 of Huntington Beach, California Past _ J.WYLIE CARLYLE,County Recorder BY � �:� ► � P- Deputy COPY Al'�o� AS ��m DON P. BONF'A APPROVED AS TO FORM BY GENERAL COUNSEL City Attorney C.S.7362 MARCH 15, 1973 y STREET OR HIGHWAY EASEMENT By: NOVVL 4--V 4 le Post o-S19 3 Deputy City Attorney _o � t1tdPri# rP, made this 77L, day of 19�. � by and between M N PACIFIC TWSMTATION O' herein called "Railroad", and At � *� 11 CM 01P , N H i l � of to Of Ca if o, PV 00 BOX Mo ,�U% �:hs, CA ,0 herein called "Grantee"; COPY 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. 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 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 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,sueeessors and~assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. I'• �riagBY'� 8,Y1 ' Attest O rl�i UDG D Assistant Sec Akk (Signed) Barbara E. Burrower Notary Public r COPYSTATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: 4 On this 174* day of 19 before me, + a Notary Public in an- for s id County and State, personally appeared Ndkr *ra.T A-&,"de / � 6.� , known to me to be the Mayor and L h1enT-;rT , 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. a g } E y f b ,: tat"f. ?.f ,. �''� M � w. # .:,, .. � ::.:♦ ' w r..,.. � �.. p_. # �. a �..# � e %..- � w � i# ..•. _ ;:R#. # 9 u T tr}aW N. Z_1, 00 DRAWING + t -t� to V-124-ll II > Lof t000' Via' a Sob to 1 a ' ►moo' ISOO' A©' " } .T�V:I.E"5�� �a,►.�AHiv.ttvl �,, � � f � z ...---- -_ + #y�4N 2 - I°l./J1J4� CQOSa i h r i P�tL b� 113� �`� • .� � At.l'�7. G�T�s � C�'i]:.9'i'1LE�:, 1 l� ( E tl �O Ao\ ►000 /, z5a r SOUTHERN FACIFIC�COMPANY PACIFIC 1..11NES JF*Gt�:.1,r1 2 otz. .21 ap ;1 C�;�'CITY fit= NUIJ`rlti�TOI.J :k:l�C.t�i �- r Q—,),; 5ALT= 0F ►:ASC-PIEWT-7,047��" STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California MgndaY, June 16, 1975 Mayor Gibbs called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Present: B"tlett,,LWieder. Coen, Matney, Shipley, Duke, Gibbs Absent: None CONSENT CALENDAR - "(ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney,` Shipley, Duke, Gibbs NOES: None ABSENT: None llr plc It k lk ilk�t#iF�k k#�k�k ft�llr#�Ik�r yt it 9t�t iF lk It�Ir ik iF#*ilr�Ir�R it ilt#*1t lk It�k it*k i lli alM Alt�k it�k*,t*ilr�U#ak+k ik l�Ik�t�c�k 11#91r 1k lF**�Ik�t*�k RAILROAD CROSSING AGREEMENT- CENTER DRIVE - CC-219 - APPROVED - Approved an agreement between the City and Southern Pacific Transportation Company and authorized execution by the Mayor and City Clerk and authorize the paymentof $5,400 to be charged;to Gas Tax 2107 Funds. On motion by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:02 P.M. to Tupajday. June 17. 1975 at 7:00 P.M. in the Council Chamber The motion was passed by the following votes AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None �A"CiA M- XQU=rth City Clerk and ex-officio Clerk of the City, Council of the City, ATTESTS of Huntington Beech, California Alicia M. Wentworth Norma_arAR&I Gibbs City Clerk Mayor STATE OF CALIFORNIA County of Orange ) SS; City of Huntington Beach) I, ALICIA M. WENTWTWORTH, the duly elected and qualified 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 1fithday of June 1975 WITNESS my hand and seal of the said City of Huntington Beach this the ,day of June 19 75 a].icia .M.._Untwrth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California , BY � ;5 02400 r' Deputy