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HomeMy WebLinkAbout1980-01-08 - Indenture SO. PACIFIC TRANSPORTATION CO [RAF/nb - VI - 12/21/791 RECORDING REQUESTE[}BY • y �4 �ITY OF HUNTINGTON BEACH 27598 BK 13545PO 1953 C Office of the City erk P. 0. Box 190 Huntington Beach, Calif. 92648 EXENIP1' RECORDED IN OFFICIAL RECORD$. AND WHEN RECORDED MAIL TO C 3 OF ORANGE COUNTY, CALIFORNIA 5 "I"' 12P.M.MAR 24100 Name F � Pad � � VfTY OF HUNTINGTON BEACH LEE A.BRMCH,Cowty Recorder Address Street Office of the City Clerk P. 0. Box 190 City State Huntington Beach, Calif. 92648 Zip L— —1 SPACE ABO HIS L FOR RECORDER'S USE ALSO ASSIGNED r t,:EE 4214L EAv RELMIS: "1A-521. 60-X(N) Arm"y� —i THIS INDENTURE, made this l5 `- day of JQYIt.�, _: , 19 C60 , 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 ten (10) inch sewer pipeline within a twenty-four (24) inch casing, hereinafter collectively referred to as '"structure, " in, upon, along, across and beneath the property and tracks of Railroad, at or near Wiebling, in the County of Orange, State of Cali- fornia, crossing the center line of said tracks at Engineer' s Station 1011+89, Mile Post 521. 60, ,in the location shown on the print of Rail- road' s Los Angeles Division Drawing LADE-02, Sheet No. 3, ,revised October 11, 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. * Tax Exempt-Goverament Agency City of untingtctl 8,8ach Alicia M.Wentworth City Clerk Byt ..... .�.> _1_ . r Form C-1 • . J May, 1978 • ti BK 13545PG 1954 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. b. Grantee shall bear the entire cost andexpense 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 andin 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 Ma , 197`8 0 0 BK 1�3545PG 1955 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 defray any 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 PG 1 956 .M , 1978 � BK -1 3 �y4 5 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, .presence, 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 0 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 ACIFIC TRANSPORTATION CITY HUNTINGTON BEACH COMPANY, - By r B r f e) Contract D t. Mayor Attests - By Assistant secretary APPROVED AS TO FORM Clerk a GAIL HUTTON City Attorney _ 4 _ STATE OF CALIFORNIA )City and County of San Francisco) BK 13 5 4 v q PG 1 9 5 7 On this '* day of in the year One Thousand Nine Hundred and Eighty, before, me, i1. STOPHER (One Market Plaza), a Notary Public in and for the l 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 hand CHRISTOPHER M. LUNDIN and affixed my official seal at my office in the City and Count of San Francisco, the day and NOTARY PUBLIC-CALIFORNIA CALIFORNIA ' Y Y y f PRINCIPAL PLACE OF BUSINESS IN year i is certificate first above written. CITY AND COUNTY OF � y.R"'.x-Com is-sYion'Expires Ap-i( 3, 1983 Notary u is in and fby the City and County o San Francisco, State of California BK 1 %354. 5Po 958 • /® 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 January 8, 1980 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 : March 14, 1980 CITY OF HUNTINGTON° BEACH ALICIA N. WEMWORTH ty er By: -STA N73N. BRAN LINE _ E S i t s 9 �p aan► 52 l, &o - - • $pan «��; ►., ».n�. �. c� r , �/ = 0 STATION WILEILINA � Track s oamm.rROB *'4K WL.'tarz4-'OKET Carrier Pipe wut6,a aA ;cr ata0 o+u�n +ra APPLICANT CITY OFHUAITINGIEIM sEACN _ _- ---- em -manic a, el" win iia ZQfl© MAIN ST,PEET- G1VIC CErVTEtZ -- rtew Bw aut o NC ADDRESS Jt� oll 7% HUNTIMMON g. Casing CITY STATE CA ZIP 9264$ LO FACILITY lb is virrR PURPOSE a F t i F_M^Cs-M �-- I: Materials and installation as per CE cS 174 m r 2. Is pipe under pressure No 3. D isxgPce from bottom of tie to Top if less than 3'.0" whY qj 4, If pipe carries Flamable Substances and has casing , number and location o 0 of vents: < -- 5. Materials I� ,o Carrier Pipe V P E T© FIUNTIRGTDU BEAC —TO S TAN rO 1V r _Casing : S?'rr=t.. •• 6 . Diameter: tvn `" ioi3 a rpiz N ro►# Carrier Pipe17 • 4.� ;�� TiCO[�" o Gass ng - 7. Pipe Wall Thickness ( of casing if used , / otherwise carrier pipe ) LL Smoot,h Stee I ( IN J 315 , , Corr. Metal (GAGE): too' 8. Pipe Length Carrier Pipe 40 rV a- Casing : 40` M1t4 9. If pipe is reinforced concrete A.S.T.M. { Class Designation b I 10. if pipe is cost iron - A.W.W.A. Class: 11. Furnish Sketch: a Plan ,cross section and description of track or tracks under which proposed pipe is to 40*` be placed together with all necessary 0 LEGEND dimensions : ..... ..Sou. Poe.Property Lines Aq — Proposed Facility ® Underground Marker I CDC17.Note. for pipe /fines carrying #o�'STsay C��fa�c.•F�M 4 O) 61ammahle slrbstooces S. see CS 1742 Subgrade r - Onch Gr°��� `� TABLE I THICKNESS OF P/PE CASIN S fBclrofn of Ditch or FOR SUPPORT1MG T4ACK IN o� &15,',ngGroandLine Inside Carruoare Smooth LC) r m Diame.'_r lron Pipe 51eelPipe Q. y2 3'-0"Me1?_Ifno casing U.S.Sfd. .Y»T1,1ciness L0 -Car^�r Ppe w -Casing Pipe --Seat AtSee Coslr;Note Noll Inches Gage No. Inches es /o 10 14r8 M -4t ! Pipe Line 12 /4 /.a A i Corner Pipe 15, 18 14 k4 • "S''"— /,SD M i2=0" 5_0't H ^ ­ 21,24 /2 [Y� 8ut not less than 0-0 30 36 PIPE iN EMBANKMENT (See Genera/ Rule 2) PIPE IN CUT 48,s4,60 8 RULES 6OVERNINri THE INSTALLATION OF PiPE LINES TR,4?1SM/TTL'IG 2 MDot` casing for supporting track shall conform to thicknesses TABLE ff WATER OR OTHER NON-FLAMf,1ABL£ SUBSTANCES WHEN CROSSU;S s^:wn to Tatc. I and shell have Taints of eithersanew;welled or reefed CONCRETE ENCASEVENT UNDER TRACKS roe It shall be gatvonrzed of shop be dipped in preservative motenal FOR PIPES and ltorou9hy coated inside and outside. If preservative material cenroJ Number of GE/'7�'RAL to used on Inside of casing, then the casing shalt be of least one gage I .;1slance H from bottom of be to top of pipe,casing or concretme encasement shalt. =r%s•thicker Then otherwise requ.%red a, A Lwglludirfal rot b° less than 3'-O"(See exceptan in Genera/Note 3) 3 Concrete casing fcr supporting frock shall hove fte strength specified Inches Riches r/2'e Bars 2 Ary pae lines crossing any track do not require o casing prand:C tie carrier o current ATSM Sepia/Des,ralroo C-76,C47ss IV. A//joints shall be water- /0,i 4 4 pipe is of sufLrienl strength to szpporf Its track and has water!.;:I/arils.For such rg,:f and of an approved type of corstruct%rn. prbe hires,wsmg lighter lhon specthed In tablet for supporting frock mry be 4 The inside diameter of ces.:og saai/ be at least 2irches greater thon the 15 4 used for msloiirng pipe,provided tie space between carrier pipe and casing Is ar est outside diameter of carrier p,pe /B 5 B bac+hlied with grout or sand 5 Saes of casing larger than shown in Table I are special cases and will 2/24 27 6 B If carrier pipe does not hove suffrclen►strength to support track,casin;a be decided upon their merits concrete encasement nwst be i:.stotled Length of casing meos.-red at right ar;ss 6 Cosing shall be so Installed as to prevent formolion or waferwby under 30 7 V to Pr:* shall exteGj each st a ofcelyter Ore of frock Lve feet Clld the vyL.al '•e railway It shall tc.e Lien te,-nr; erczghoufifs!e y^"! e4a S:ia•+l slope 33 B /2 dsta,-ce from batlom of fie to tap of nosing or ercose7vrt t.i not less fhan ten ':word one end 36 9 rZ feet,except mil where casing is installed through railroad e-7torkms7 it Shali 7 Regardless of Me strength of c •tier pipe, cos:rys r^ be provided exte.?d beyond slope of embankment. or all iccot•ons w,"ere ppe crosses u%-er'Jraira;e d%ctes it corer is less 3 W."en practicable,casings and carrier pipes may be installed by the 1ockr7g or loon 3'-0' Cosing enaer ditch mope be separate from,or a continuchon A %2•OStirrups A boring methods. If these methods are used the minimum death from bctom of casing under track, and must exlerd a minimun of i-0"beyond top 2=0"e.tec. of fie to lop of pipe or bore must be 3'-0"of one pipe d..,mete,whiceever shoulders on each side of lee ditch is greater; however, where there Is good cohesive soil 1te depth mcy B. When placed in open cut, Gipe lines having diameter of 36"orbe less than one pipe d,•ometer, bud not less than 3 0" with less, when crossing ifocAs other than main tracks and sidings, may special permission of the Chief E'rgireer. If installed ty lurreArg be encased In ccncrefe os 5b,:*17 In Tatle II. ' S of boring, the space around casing or coiner pipe most be bockfilied 9 Where the ends of file ccsirg ore below ground, they shall be • w 1 w,th grout or sand sealed Ia suttat,y krcrecf o;;irst the entrcrce cf f re;;n material 4.No pipe Imes shall be told through or under bred;es or Culverts, which might preverf ready re.,rct 1 of ee carrier pipe where there Is likelihood of restricting the area required /or the Where the e.:as of lie cosin; are al or cbove ground surface �� f--� purpose for which the bridges or culverts were burn, or endonger:ng ord otcve high waver .soot, ry t rff to left c;:en r ceded drainage I foundelions of important structures is afforded in rh trio r r !hat /eckc;e will ..e c r:Jrtcd I o ear 5 /f oddilronat tracks are constructed in the future,Ite prclec.�.;-o avvy from /.e !c a:rJ trial r clmres °� — sholl be correspondingly extended.6 6 Myer led s,phons for drainoge or Irrigation ditches (C 3.1705I using steel pipe with welded or screwed /Dints or eirrugoled.rCo pipe with a// seams and /owls close riveted old sc.'Jeled hovirg a ' d.•ometer of 48 inches or less and tilt required slieny.ih to _ f "ARR1FR Pipe (rack,may be installed without a casing. IC ricer pi,e SAO/ b3 of an op;,rored type with water-fight SOUTHERN PACIFIC LINES CHSifI_ rill• COMMON STANDARD I Casing may be of either corrvgated iron smooth sleet at ca:Y/c:B 2 Cvrl.,gdlcd Iron, s,77ovril steel or concrete comer pipe /l sh /l hsve sL!fficlent strength to Supparl rleck,except ihof a »tei% used :,vita d a c.r l shad hone v^e s .+r sJlt.:yth PIPE LINES ifytJe! CoSifly !,'7Jy be used /or inSlJi1a1i4/i p7tVawses ai 17lvi+.<<f Ir.;J7+� �_Y f.j! it Seerrat Rule I above 3 -.si ;,an cvrri r,,.;;r; .,._i xir,^oaf J casrog ;.1".,' ha>ea Fi R NON-FLAr,� MABLE SUBSTANCES tlesiabre (k.^acked daa.7l type plain golvonized r ru alev Jrr_ lhfcxarss ii:l ?rs Ida;i i',J;r ciheJfcr( ,; f /run CROSSING UNDER TRACK _ of gage corresponding to re4uiremeats ut Table I Jy be tiro used to protect carrier pipes that are already Iv rir ee. tvJ �fhLE aU;;PTED APR. 20,t953 ' REVISE© JAN. 5,I970 BK 18'54 5 PG STATEMENT DF IN &TO tfF THE 9111 CD MIL Council Chamber, City Hall Huntington Mach, California Eftbo-ry A. IBM Mavac calIad the regular Ming of the City Council of tft oHuntington` Tch to errd+er itt"'T30 P.M. Present: i !MIA 011 Absents ----------------------------------- t Rtie AMrwR*�rir1r NT CAtEM - J ITEMS APPROVEDI 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 NHS: Mont • +r, rrr+ ,rrr+ , t re#rst,wrce.+r+rw** wu «,Mrrr #w,► rs+,t�s+e�t,►,►rrs:*•s,Mr ---------- RAILRQAD IlWaURES FOR TALBERT AYENi $,M DRAIN 3 SEWER CC-248 - Authorized the Mayor and City e executeindentures w Southern Pacific Transportation Company per- mitting the City to construct a storm drain and sewer main through their right-of-way. RAILROAD INDENTtWE FOR 9ffKARD I BERT STORK DRAIN - PHASE I » CC-01 - Authorized the Mayor and City VeK to execute the indenture with the Southern ac c ransportation Company per- mitting the City to construct a sto+a drain through their right-of-amay and approve the addendum to Negative Declaration No. 78-112, 1►Mt�t+t 1t*+r#wii*+Me�r�e4c�#iti�tirkirl�li#4ri�ae►eie�tetiY*Ir1t1k*+kk lt,ir#�iri#riMiriH►#�il�rM,rieyei�r/r�r�titHeirie�[�+T�r1Mrtiriek�kR** ,r�w+e,Mt+w,t,�++r�rw+�rt�*+tom r�,etttrirr+r+�rt�wrr+etrr Mayor MacAllister Wourned the radar meeting of the City Council of the Cityy��o ngton 8eeach at 1: :14. to Tuesdan Februa m It, '1980 at 6s3y in Roam 8-1r,"CtvIE center ATTEST: Alitio M. Wentworth City Clark and ox-officlo Clark of the City Council of the City Alicia M. Nen#eurth of Huntington beach, California y Clark Don MacAllister STATE.. OF CALIFORNIA C4"ty of Orange City of Huntington Sochi I, ALIC A M. WV01WORTH, 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 fgion of 00 City Council of said City at their regular meeting held on the sty of F ' ru 19 AL 440 WITNESS my hand and seal of the said City of Huntington Beach this the 5th Alicia M. Wentworth �'Clark 'and tx erk of the City Council of the City of Hunti ton Bench, California DimouBY ty 12/78 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On this ! 7-1 day of , 19 Yd before me, a Notary Public irk and for said County a d State, personally appeared 26A/ Ft f}6!s rr , known to me to be the Mayor and w�� 11_4a,,4, . A , known to me to be the City Clerk i 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 instrument on behalf of said municipal corporation and acknowledged to me that such munici li� ]] ��±pp&jl101 pRation executed the same. 4 ef1'�d�Ai8L�9�E3C .S;S.$a� . tf.Wu:�a$'c qC:�G�1�79aA OFTICIAL SEAL F b ��J'4 CONNIE A. 13ROCKWAYNOTARY P'1.121,11C LIRA �GO�iTY + sr :�M Gemmis;iu�t Exptres Oct.10,19�1