HomeMy WebLinkAbout1977-06-16 - Easement SO PACIFIC TRANSP CO _ RAF - VI .r 43840/321-2 10/21/76XE
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!t T0: APPROVED A�
Tax-Exempt-Government Agency CITY OF MUNTlNGTO�N BEACH, �(� FORM
City of Huntington Beach Office of the City Clerk
Alicia M. Wentworth P. -_:
APPROVED`4yr&W&BY GENERAL COUNSEL P. 0• Box 190 ,• DO-
N P. BQ C.S.7362
MARCH 1 1973 Huntington Beach, Calif. 926' ��;
gy; City Attorn
Deputy City Cleric STREET OR HIGHWAY EASEMENT
MP BAA- 519.90-X(N)
� t �Ytdrrt ixr�, made this `7 day of 19� 7, by and between
SOUTHERN PACIFIC TRANSPORTATION COMPANY, . D 1=e corporation, '
herein called "Railroad", and
CITY OF HUNTINGTON BEACH, a municipal corporation of the State ofp
California, addres ,; City Hall, Huntington Beach, California, .92647
This document is solely for the
3014
_�q q official business of the City herein called "Grantee
of Huntin.-,ton Beach, as eontG+-
plated under Government Code
Sec. 6103 and should be recoraed
Free of .charge. �d
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 Y�
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 bf contractor's
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-
taming 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
4 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
"1 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 15 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 CITY OF HUNTINGTON. BEACH
TRANSPORT N �MPAN
By B J
it ey' • ' Vide F'resi' Mayor
A,ttgs,t, . . . _� n BY
0A
Assistant Secretary Clerk
RECORDED IN OFFICIAL RECORDS C=,
OF ORANGE COUNTY, CALIFORNIA
a r...
5 Min. ` j P MJUL 14 1977 P�
Past
J.ME CAALYLE.Co Nlty heKderIF C
J.A City of Huntington- a.ec
• P.O. BOX 190 CALIFORNIA 92648 co
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated June 16, 1977 from Southern Pacific Transportation Co.
• 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.
Dated : July 13, 1977 CITY OF HUNTINGTON BEACH
s:
ALICIA M. WENTWORTH
City Clerk
By: �¢,e
t
� 9 L226961833
1 Tt S E R T
McFadden Avenue Crossing BAA 519. 90, City of
Huntington Beach
12. Installation and maintenance of automatic warning devices
at said highway is the subject of a separate contract between
Railroad and State of California, Department of Transportation.
13. Railroad, at its expense, shall remove the existing
crossing and install treated timber headers through the e::istin,r
portion of the crossinq area.
Railroad, at Grantee' s expense, shall install tr_eate: timber
headers in the widened portions of the crossing area. Grantee agrees
to reimburse Railroad for all cost and expense incurred b Rail-
road in connection therewith.
14. Railroad shall submit to Grantee a bill for its share
of the estimated cost upon completion of work contemplated, which
bill Grantee agrees to promptly pay. Should the actual cost nro,Te ,
upon completion of audit to be more or less than such esti::atec:
cost, the difference shall be promptly paid by Grantee or refundec
by Railroad as the case may be.
15. The �aork to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available, r311o�•.,in c
execution of this instrument, and shall be completed c7ithn one
(1) vear thereafter.
%I228SH 1834
EXHIBIT "A"
McFadden Avenue Crossing BAA 519. 90
Parcel 1 : (Operating R/W)
Thal portion of the south 20.00 feet of the north 40.00 feet of
the south one-half of Section 14, Township 5 South, Range 11 West in
the Rancho Las Bolsa and Rancho La Bolsa Chica, City of Huntington
Beach,. County of Orange , State of California, as shown on a map
recorded in Book 51 , Page 13 of Miscellaneous Maps in the office of
the Countv Recorder of said County included within the boundaries of
that certain strip of land 30 feet wide, described in the deed to the
Santa Ana and Newport Railway Company, recorded on June 14, 1899, in
Book 44, Page 66 of Deeds , in the office of said County Recorder.
Parcet 2 : (Operating R/W)
That portion of the south 40.00 feet of the north one-half of
Section 14 and that portion of the north 20.00 feet of the southwest
one-quarter_ of Section, all in Township 5 South, Range 11 West in
the Rancho Las Bolsa and Rancho La Bolsa Chica, City of Huntington
Beach, County of Orange, State of. California, as shown on a map
recorded in Pook il , Page 13 of Miscellaneous Maps in the office of
the County Recorder of said County, included within the boundaries of,*
that certain strip of land 30 feet wide, described in the deed to the
Santa Ana and Newport Railway Company, recorded on June 14, 1899, in
Book 44, Page (-,,6 of Deeds , in the office of said County Recorder,
excepting therefrom the west 15 .00 feet.
•3 Parcel N r a (Non-operating atin R W
That portion Of the south 20.00 feet of the north 40.00 feet of
the southwest one-quarter of Section 14, Township 5 South, Range 11
West in the Rancho Las Bolsa and Rancho La Bolsa Chica, City of
Hunti.nRton. Beach, County of Orange, State of California, as shown on
a map recorded in Book 51 , Page 13 of Miscellaneous Maps , in the office
of the County Recorder of said County, included within the boundaries
of that certain parcel of land described as Parcel No . 6 in the deed
to the P�)c.if-ic Electric Land Company, recorded on June 16 , 1948 , in
Bo(,)]-, 16;_'') F'�t;e 518 oi- Official- Records , in the office of said County
Recorder.
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• STATE T OF THE ACTION OF THE CITY COUNCIL
Council Chamber, `City-Hall
Huntington Beach, California
Monday, December 6, 1976
Mayor Wieder called the regular meeting of the City Council
of the City of 'Huntington Beach to order at 7: 30 P.M.
Present: Bartlett, Pattinson, Coen, Siebert, Shenkman, Wieder
Absent: Gibbs
CONSENT CALENDAR - ITEMS APPROVED
On motion by Bartlett, second Pattinson, the following consent items were approved as
recommended by the following roll call vote:
AYES: Bartlett, Pattinson, Coen, Siebert, Wieder
NOES: None
ABSENT: Gibbs, Shenkman
EASEMENT —SOUTHERN PACIFIC TRANSPORTATION COMPANY - MC FADDEN AVENUE Approved easement
to the City from the Southern Pacific Transportation Company for McFadden Avenue, '600 feet
east of Gothard - AHFP #763 - Project CC-300_- and authorized execution by the .Mayor and
City Clerk on behalf of the City.
On motion by pattinsonL second Bartlettfihe regular meeting of the City
Council of the City of Huntington Beach adjourned at 11:50 P.M.
to Monday. December 20, 1976 - at 7:00 P.M. in the Council Chamber
The motion was passed by the following vote:
AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman, Wieder
NOES: None
ABSENT: 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 Harriett M. Wieder
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 6th ' day of December , 1976
WITNESS my hand and seal of the said City of Huntington Beach this the 7th day of
December 19 76
tl
City Clerk. and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy
STATE OF CALIFORNIA )
City and County of San Francisco )} ss.
On this 16th day of June in the year One Thousand Nine Hundred and Seventy seven
before me,GENE H.ELLINGER,a Notary Public in and for the City and County of SanFrancisco,State of California,personally appeared
One Market Plaza W, M. Jaekle and T. F. O'Donnell
=s� known tome to be theVice president and Assistant
W secretary
of the corporation described in and that executed the within instrument, and also known
CF a to me to be the person S who executed it on behalf of the corporation therein named
A � and
he _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 o n Francisco,the day and year in this certificate first
above written.
Corporation
Notary Public in and for the City and County ol San Francisco,State of C 'fo ia.
My Commission Expires July 11, 1979