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HomeMy WebLinkAbout1979-12-05 - Indenture SOUTHERN PACIFIC TRANS CO 'IV [RAF/nb - VI - 12/5/79] REC�RDING REQUESTED BY ; ,CITY OF HUNTING ON BE;A BK 13 5.If�PG 14 �► T 31209 Office of the City Clerk P. 0. Box 190 Huntington Beach, Calif. 92648 E�� RECORDED IN OFFICIAL RECORDS °APT (�2 OF ORANGE COUNTY, CALIFORNIA AND WHEN RECORDED MAIL TO Name Past street LEE A.BRANCH,County Recorder Address City State Zip SPACE ABOVE THIS LINE FOR RECORDER'S USE ALSO A G$1GPJED RELMIS: BAA -521 .34-X(N) *►FT DEED Tax Exempt Government Agency J ' LE Nezi .. ' City of Huntington Beach / �71 Alicia M. Wentworth • II / ,��3•� t Na � 4201 City Clerk < A DIT NO ............................. ...-- 1 AUDIT XV-) THIS INDENTURE, made thisday of ,dioRyt by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Railroad, " and CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, address: 2000 Main Street, Huntington Beach, California 92648, herein termed "Grantee; " WITNESSETH: 1. That Railroad hereby grants to Grantee, subject to the reserva- tions, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a sixty (60) inch storm drain pipe, hereinafter termed "structure, " in, upon, along, across and beneath the property and tracks of Railroad, at or near Wiebling, in the County of Orange, State of California, crossing the center line of said tracks at Engineer' s Station 1025+42, Mile Post 521. 34, in the location shown on the print of Railroad' s Los Angeles Division Drawing LADE-02, Sheet No. 1, dated October 10, 1979, attached and made a part hereof. Said structure shall be installed in accordance with minimum require- ments of Form C. S. 1741, also attached and made a part hereof. Located in the City of Huntington Beach, California. -1- Form C-1 O M 197s 1 . P6 1 F 2. 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 with- out expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations . 3. 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 performance of its duty as a common carrier, and 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. 4. 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. 5 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. 6. Grantee shall bear the entire cost and expense of constructing, 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 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 re- moval of said structure, including, but not limited to, the installa- tion 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. 7. In the event Railroad shall at any time. so require, Grantee, at Grantee 's expense, shall reconstruct, alter, make changes in the location of said structure or otherwise improve said structure upon receipt of written notice from Railroad so to do. 8. In the event of leakage or spillage from said structure or any vehicle in the control or custody of; Grantee or any contractor 2 Form C-1 3 v 5 PG May, 1978 for Grantee, Grantee shall, at its own expense, promptly clean Railroad' s premises to the satisfaction of Railroad, 'the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by Railroad or Grantee shall be borne by Grantee, including any fines and judgments levied against Railroad or its. property. 9. 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 defrayany part of the cost or expense incurred in connection with the construction of said struc- ture upon said property commenced within one (1) year from the date- first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad' s authorized representatives by phone.. Grantee agrees to keep said property and said structure in good and safe condition,- free from waste, so far as affected by Grantee' s opera- tions, 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 ex- pense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. In the event any work upon or in connection with said struc- ture 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 Railroad, satisfactory to Railroad, and indemnifying 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 ex- pense to Railroad, a reliable surety bond in an amount and in a form satisfactory to Railroad guaranteeing the faithful performance of all the terms., covenants and conditions contained in said agreement. 12. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee, or any property under the control or custody of Grantee while upon or near the property of Railroad incident to the construction or maintenance of said struc- ture caused by or contributed to in any way by the construction, oper- ation, 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 _ 3 - Form C-1 May, 1978 3 G 5 15P 17 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 death of persons arising out of the construction, reconstruction, maintenance, presences 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, 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. 13.. 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 contin- uous 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. 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, or Railroad may, at its option, assume ownership of said structure. 14. 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 TRANSPORTAT ON CITY OF HUNTINGTON BEACH-,i- . COMPANY, / By B -l ' Title) is ant M ager Mayor C ntrac Attest: Pt By Assistant Secretary Clerk APPROVED AS TO FOEX: GAIL HUTTON City Attorney By: , ff � > W 4 Depu city Attorney :3TATE OF CALIFOROIA ) 6 City and County of San Francisco ) 77 On this O'T4�day of D�_CP,jj�jd_ in, the year One Thousand Nine Hundred and Seventy-nine,Be core me, CHRISTOPHER M. LUNDIN (One Market Plaza), a Notary Public in and for the City and County of San Francisco, State of California, for the City and County of San Francisco, State of California, personally appeared -W. J. Honold known to me to be the Assistant Manager, Contract Department of the corporation + described in and that executed the within instrument, and also known to me to be the person who executed it on behalf of the corporation therein named and he acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my ti CHRISTOPHER M. LUNDIN hand and affixed my official seal at my J NOTARY PU9l1C-GA!_�ri1dN.A office in the City and County of San PRINCIPAL PLACE OF BUSINESS IN Francisco, the day and year in this certifi- Ci7Y AND GOUNIY OF Cat4y' t above written. SAN FRANCI5C0 c: My Commission Expires April 8, 1983 Not i in an o e 1ty an County of San Francisco, State f California BK 135 15PG • ®.� City of Huntington Beach • P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated December 7, 1979 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 bf 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 : February 6, 1980 CITY OF HUNTINGTON BEACH ALICIA M. WiENTPWORM ty er By: ___ - S (( j[�i ff c. R'lYaA1R'. i�i.�>�LwN..FAi. MY�iW4aWBi.le�R. — _ L !NE S7'ANTQtJ (3MANIG d'�tSLi�ti}7L�['ti ciC.ii:C t ns=ortation Cempiny . 5-t­ �2. IMP 88A 52-' . J f'l• 610 SCUth Main Strea/OLce ,+^Om .4 �fe � eCC14. 4 STATION ,i�J f 1=(3f..i_N_ `L TraCIC SCALE I1� APPLICANT-CITY Or- HUt4-nnJG-Tonl t3r=-AC i-1 N. LCorrier Pi,oe ROUTEORAWN 9r CHECKED aY %A�atr.i�4 #FEET t7 ADDRESS t t n -- RovTEN/4�aA/A 52y i.34 r-0 _.a- LADE-0 . .r� 000 Mg10 5T w C I V l S.. C1=N�'4_ _�l�. � DATE lV.._/ 0• 'I. SYEET k0. �- 1! �? 6.rs rn fwAL..i r-, p 9SG49 REYcSED TO flEE DR.ieER C ITYWA -- �'1 r,TE Zip FACILITY 9726S ! c2SN n! z i PURPOSE DR1A WAG- M I. Materials and lnstallation as per CE CS 1741 m 2. Is pipe under r ? I jo p'p pres,�ure . 3. Distance tram bottom of tie to fop (D casing., ± if less than 1 1 3` 0" vrhy ? 4.` If pipe carries Flamable Substances i and has casing, number and location co of vents: 5. Materials 15! �sI 6s io25•r42 N Carrier Pipe RCP Mf' S2 i. Ta4 o Casing: __ Etib 6. Diameter: m Carrier Pipe. Go Casing:—. i 6' l �? 7Pipe Wall Thickness (of cosfng if used, �� i ti otherwise carrier pipe) : o_ ts Smooth Steel (IN.): -' ,o1 4 Corr. Metal (GAGE): -_--� >- $. Pipe Length: �- a ' Corrfor Pipe:_ 3o i all Casing; u 9. If pipe is reinforced concrofe --A.S.T.M. z r..4 a�s 0 o s i g r a Y'i o n. 0-0- -o—�-C---_7-G-•-r-CL-f\s� Lu 10. If piprl is cost iron--A.WW.A. Class; II. Purnish :zke#ch: m Flan, cross soction and description of track p or tracks under which propc3od pipe Is to - ' w be placed together with all necessary - dimon ions, .9. Sou Poc Property lines � Pr000sod Facility Underground Marker hole. for i e lines cart in Main Track face C•S. .+-- t*/ommoN/e subsfan es9 or Siding ' C'f F ' 711 N see CS 1742 Sub rode r 'ar �0>y TABLE I q AIch TfIICKNESS OF RIPE CASINGS of©itch or FOR 54PPOR77NG 7,4ACK fxislitq Ground Line Inside Cormpfeal S. oofh I G4ame, r Iron Rlpe Sfee/Pine • O ; 0 3'-0"Min-ifno casing U.S Std. k/nThictn Car-'er P.;oe -Casing Fipe r-Sea' (See Casing Note No71 Inches Gaye No. Inches (LO f—f - - - P/roe Line I 412 /0 �Q CV) Carrier Pipe 'v 15,18 /4 Y4 12_0,__ - ►. --- 5�-O"f H --=I 21,24 /2 But not less than k7-0 30 36 10 3ib PiPE IN EMBANKMENT (See Genera/ R411e 2) PIPE /N CUT 48 54 60 e cn RUCES G0t/ERN/NG THE INSTALLATION OF P/PE LINES TRANSMfTThNCi 2 Metal casing for supporting b TABLE IIock shall conform to thicknesses CONCRETE ENCA,SE:'AENT WATER OR OTHER NON-FLAMffABLE SUBSTANCES WHEN CROSS/NS s^xwn in Tabt. I and shell trove joints of ei/horse welted or rIveled UNDER TRACXS t pe It shall be goNanr;ed or shall be dipped In preservative material FOR PIPES and thoroughly cooled inside and outside. If preservative material cannot Numeer of G£/1ERAL to used on Inside of cosinq, Then the casing shall he of least one gage L Distance H from Golan of tie to fop of pipe,casing or concrete encosemerl sta/1 =r r6 thicker Mon otherMrse req¢red !>' A Lonritudina/ not be less Than 3'-0 (See exception in Generol Note 3/ 3. Concrete casing for supporting bock shall have the strength specified inches Lnches 411'e Bers 2.Any ppe lines crossing any frock do not require a casing provded the carrier n current ATSM Serial Des.-;notion C-76,Class IV. All jorots shag/ be water- /0, f2 4 4 pipe Is of suffcienf strength to support the track and has water/.gM joints.For SLCh tight and of on approved lype of canslrucli.^n plDe/Ines,rasing fighter than specified in table 1 for supporting track moy be 1 4 The inside diameter of casing sha// be at least 2 inches greater than the l5 4 used for installing pipe,provided the spore between corner p1pe and casing Is ar99est outside diameter of corner pipe j8 5 8 bocAfilied with grout or sand 5. Sizes of casing larger than shown in Table I are special cases and will 21,24,27 6 B If ruiner pipe does not hove sufficient strength to support Track;casing or be decided upon their merits concrete encasement must be installed Length of casing measured of right or;es 6 Casing shall be so installed as to prevent formation or waferwoy ander 30 7 ►r2 to track shall extend each siee of center line of track five feet phis The ver=col -e railway, It shall hive even beorii-g lfrcu;hour Its lent) cna shall slope 33 _8 /2 dslooce from bottom, of Tie to lqo of casing or encosement but not less than/an *:ward one end 36 9 :2 feet,except 1,hol where casing is Installed through ral Mood emtonkmed rf shall 7 Regordiess of mle strength of corner pipe, ccs.ngs ma s'be provided i�rteod beyond slope of embankment or al/locations irhere p,pe crosses urder-dro.ra;e d-rcfes r` cover is less 3 When prachcable,casings and corner pipes may be instal%d by the locking or luau 3°-0 Cos:rig under d,fah may be separate from,or o conhnuohon A %2'sSfirrups A boring meL`,ods. If these methods ore used the minimum depth from Pcftom of casing under track, and must ex,Aend a minimum of i-0' beyond /op " 2'0'e t&c. of tie to top of pipe or bore must be 3°-0 or one pipe diameter,whichever shoulders on each side of Me ditch. Is greater; h.wever, where There Is good Cohesive soil The cL-pth nxy 8. When placed m cper, cut, pipe fines hovmg draireler of 36°'or be less than one pipe diameter, but not less than 3-O with less, when crossing !locks cfher than main hocks acd sidings,may �• '• ° '` - ' special permission of the Chief Engineer. If installed by Jamie/mg be encased in concrete as sr wa In T tle IT or boring, the space around casing or corner pipe must be backfilled 9 Where the ends of fne c sing are be/ow grouiid, They shall be with grout or sand. sealed to suitably protect oy Insl the enfrcnce of (.;reign material I 4.No pipe lines shall be laid through or under bridges or culver Is, whrch mlghf prevent reody reme>:l of the comer pipe a ' where !here is likelihood of restricting the area required for the Where trio e,�as of tie casing ore of or chore ground surface Od— purpose (or which the bridges or culverts were built, ar endongering and afore high w^a.',;r .eel, tey r-uj to left cpe;n �ded drainagefoundolions of Important structures is afforded in sc � o ma r ,ol leakc a willa conducted5 If additional frocks ore constructed.inthe future,the prate lien owoy from late rccdtad and2 shall be correspondingly extended •gpr`,l a 6- Inver fed siphons for drainage or irrigation ouches (C S.1705/ using steel pipe with welded or screwed joints or corrugated ion pipe with oil seams and jou,ts close reveled and soldered hovfng a diameter of 48 itches or less and the required stre:;yth to 5;:-per1 CfiRRIER PIPE trout,may be installed without a casing. i Carrier tie shall be of 7.9 o,crored type with woler-fight SOUTHERN PACIFIC LINES CASING ;alnts. COMMON STANDARD / Casing may be of either corrugated iron smooth steel or cixicreie 2. Cori-v9oled Iron, sir,ooth sl-sel or concrete carrier ripe If shall hove sufficient strength to support trock,except that a ,:hen used without a shad have ft,e save frcngtb PIPE LINES l;y.tter casing mJy be used for rnstoilvtran purposes as re,si,rd tvoe ters- -_-__ :ran currier -r";e id>4;>9al a ca ing / h j a a FOR NON-FLA4sl AA-BLE SUBSTANCES Nestable Ai.acked dew.a type plain golvonized C rrvgialca pro, ll., fcrC;",s 15-1 CROSSING UNDER TRACK ' of gage corresponding to requirements of Toble i ay be e used to protect carrier pipes that are already in place. ik) ZCALE ADOPTED APR 20,1'353 REVISED JAN. 5,1970 sBK 13515RG 22 STATEMENT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Hall Huntington Beach, California FPhruary 4, 198n MaXor MacAllister called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. Present: Pattinson, Thomas_, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second Bailey, the, following items were approved as recommended by the following roll call vote: AYES: Pattinson, Thomas, 'Mandic, MacAllister, Bailey, Yoder, Finley NOES: None RAILROAD INDENTURES FOR TALBERT AVENUE STORM DRAIN & SEWER CC-248 - Authorized the Mayor and City Clerk to execute the Indentures with the Southern Pacific Transportation Company per- mitting the City to construct a storm drain and sewer main through their right-of-way. X RAILROAD INDENTURE FOR GOTHARD/TALBERT STORM DRAIN - PHASE I - CC-481 - Authorized the Mayor and City Clerk to execute the Indenture wit the Southern Pacific ransportation Company per- mitting the City to construct a storm drain through their right-of-way and approve the addendum to Negative Declaration No. 78-112. Mayor MacAllister adjourned the regular meeting of the City Council of the City of Huntington Beach at 1 :45 A.M. to Tuesday, February 19, 1980 at 6:30 in Room B-8, Civic en er ATTEST: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City Alicia M. Wentworth of Huntington beach, California City Clerk STATE OF CALIFORNIA Don MacAllister Mayor County of Orange ) 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 A tion of the City Council of said City at their regular meeting held on the 4 h day of February 19 80 WITNESS my hand and seal of the said City of Huntington Beach this the 5th day°of February 1980 Alicia M. Wentworth City Clerk and ex-officio MR of the City Council of the City of Huntington Beach, California BY eputy 12/78 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) t On this d/A day of a&*W 19fV , before me, a N}}tary Public in and for said County a Srifl tate, personally appeared known to me to be the Mayor and ,L�_.1 , 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 o within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. a11111ID111'#p/111/u11r+t�11/131i11101611/111//1111IIIIIIIIIIIIU - OFFICIAL SEAL ` zP FSA CONNIE A. BROCKWAY d": o NOTARY PUBNC-CALIFORNIA a ORANGE COUNTY w y Fa�P My Commission Expires Oct.10,1981 w ttil111ii311ti1;71133ffi/s:s//62Y191aC1/gS/1/193ris9/111/3/6111111W