HomeMy WebLinkAbout1980-10-27 - Indenture SO. PACIFIC TRANSPORATATION CO r : ( /nb - VI. 8/14/791 •.
ECORDING REQUESTED BY �. j]f! I'_' //i ��
1 R ®�ITY OF HUNTINGTON BEACH r� .: 4 4
Office of the City Clerk
P. 0. Box 190 27597
Huntington Beach, Calif. 92W _
EXENliPT RECORDED IN OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO C 3 OF ORANGE COUNTY, CALIFORNIA
5 Win. 12 ,P.M.MAR 2419�0
Name � CITY OF HUNTINGTON BEACH
Street Office of the City Clerk LEE A.BF-ANCK Cautty Reeordor
Address P. 0. BOX 190
City Huntington Beach, Calif. 926Q
State
Zip L
—
SPACE ABOVE THIS LINE FOR RECORDERrS,It,$
DEED
►Lso ASSIGNED 4213
RELMIS: BAA-521. -
AUDIT NO.
KTO made this Z day of„r_ k!aJS �, 19791
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, Civic Center, Huntington Beach, California, herein
termed "Grantee;"
WITNESSETH:
1. That Railroad hereby grants to Grantee, subject to the re-
servations, covenants and conditions herein contained, the right to
construct, reconstruct, maintain and operate a forty-eight (48) inch
storm drain, hereinafter termed "structure," in, upon, along, across i
and beneath the property and tracks of Railroad, at or near Wiebling,
in the County of Orange, State of California, crossing the center li,n
of said tracks at Engineer's Station 1012+59, Mile Post 521593,
in the location shown on the print of Railroad's Los Angeles Division
Drawing LADE-02, Sheet No. 1, DATC1,7 JvNe 1 g/ l9?9 , attached and made
a. part hereof.
Said structure shall be installed in accordance With minimum re-
quirements of Form C. S. 1741, also attached and made a part hereof.
Located in the City of Huntington Beach.
lax-Exempt-Government Agee
--fty of Huntington Beac.n.
Alicia M.Wentworth
City Clerk
ay: .... ----
Deputy Clerk
Form-;C-1
May, 0'1978 � OK 13545Pv
1115
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.
S. 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 Z-1
A , 1978 � O BK 1 3545PG
N 1946
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 s.Tiall 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 _
r
MW
Form C-1 My- ,' IOBK 1 3545PG 1947
19 7 8
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
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.
a
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 theday and year first herein written.
SOUTHERN PACK IC TRANSPORTATION CITY OF HUNTINGTON BEACH,
COMPANY,
By . f
(Title) As_s ant to Vice President
or
Attest: '�; By
Assistant eer t r
APPROVED AS TO FORM
f 6Ai HUTTON
City Attorney
4
STATE OF County .of B K I*3 5 4 5 P G 1 9 4 8
City and County of San Franc J)
On this 30-r+day of in the year One Thousand Nine Hundred and Eighty,
'before—me—T—HR-ISTOPHER- - L-UNDI (One—Market—P1aza)—a—Notary—Pub-1-ic—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 L. F. Furlow known to me to
be the Assistant to Vice President, 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.
• CHRISTOPHER M. LUNDIN IN �:IT*TESS TMEREOF, I have hereunto set my hand
NOTARY PUBLIC•CALIFORNIA and affixed my official seal at my office in the
* i
PRINCIPAL PLACE OF BUSINESS IN City and County of San Francisco, the day and
CITY AND COUNTY OF year in t is certificate rst above written.
! SAN FRANCISCO
! My Commission Expires April 8, 198$ Notary Pu is 'n and fo e City and County o
~� San Francisco, State of alifornia
BK 13545PG 1949
®.+ 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 August 27, 1979 from Southern Pacific Transportation Co.
to the City of Huntington Beach, a municipal corpporation, 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 HUNT INGTON BEACH
e
ALICIA M. WEN7WORTH
City Clerk
By: ...._ ��
m
1.1[ E S TAN TON B k A NJ C f4
U ES /,�3.+ sv MP SEA S21.59 ,
STATION
WiEBtIrVG !3' CL : Track !
APPLICANT C-17`Y M/N� TIN67'a/Y BE AC N " � _�. � ....
Currier Pips.. Aa,
0- ADDRESS '1000 AWN STREET CIVIC CENTER
LO
- Cdsing L..
C IT HLINTIIV4WX I STATE CA ZIP—
FACILITY .S'T'6RM '40RAIJU j
cY3 PURPOSE
DRI1I AGE
1. Materials and installation as per
CE CS 174.1
2. Is pipe .under pressure ntjO 3z {-
3. Dist nas from bottom of tis to top ' t
e +�g /3 * if I*$# than
3.O why :
4. If pipe carries Flamable Substances N
and has casing , number and "location a
of vents: Llk
5. Materials
TO NUN T//YGTQN BEAC N
Carrier Pipe: RCP -
Casing: NINE -�--� TO STANT N ..
S . Diameter: �,
1�13 f012 � 1011
Carrier- Pipe
r_ _ a
7. Pipe Wall Thickness " (of casing if used , ..---
otherwise carrier pipe
Smooth Steel ( IN.): E)US7-; <lff' lt,L,P,
Corr. Metal (GAGE)
B. Pipe Length ,
r00
Carrier Pipe
4
Casing: o-
9. If pipe is reinforced concrete r—A.ST M. N h
C - 7f. C I- 3z - _2 DOGS + .
Class Designation N
10. If pipe is 'cast iron A.W.W.A. Class a h
ll. Furnish Sketch:
r Pian ,cross section and description of track
or tracks under which proposed pipe is to
of
be placed together with all necessary LEGEN,
dimensions ,+
.,...w.3ou. Pac.Propsr# Lines --Red-- Pro geed Faeit 0_ Under round Marker
M
Note: for pipe /roes carrying Mar S dnck 4 flake ` C.S°
flammable subsfonces 5� 1741
see CS /742 Ditch Groin ' j' TABLE I
110rNE$S OF PIP-- CASINGS
r Bottom Of Ditch or FOR SUPPORT/NG TRACK
44E ISM7g Ground Llrre Inside Corrvgate Smooth
r m Qiamer"e r Iron Pipe Steel Pipe
CL a°2 i 3'-0
'Min.ifno casing
! Cdrr%er Pipe Pipe,�-seal (See Casing Nole NoZ) Inches U.S Std. A/i2 Th*e.5
Gage No. Inches
4 10 /O 14 i8
/2 14 /6
M ( Corner Pipe 15, 18 14 0
a S0 f.50 12-0" _ 5'-0"t H 21,24 12
But not less than 0-0 30,36 to 6
PIPE IN EMBANKMENT (See General Rule 2) PIPE /N CUT 4e 54,60 e
RUL£S 60�ERN/NG THE/NSTALLAT/ON OF P/PE L/NES TRANSM/TT/NG 2. Meta/ casing for supporting track sho// conform to thicknesses TABLE II
. WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSS/NO shown in Table I and shall have joints of eiMersuew,welded Or riveted . CONCRETE ENCASEMENT
UNDER TRACKS' type. It shall be golvamzed or sho/1 be dipped in preservative material FOR PIPES
and thoroughy coated inside and outside. If preservative material cannot Number Of
GE/I�RAL be used on Inside of casing, then the casing shall be of least one gage
/. Distance H from&Wcm of tie to top of pipe,casing or concrete encasement SIaII or,-6"thicker h5on otherwise required. O' A Longitudinal
not be less than Y-0" (See exception in General Note 3.) 3. Concrete casing for supporting track shall have the strength specified Inches Jhches !/2'0 Bogs
2.Any prpe /fines crossing any track do not require a casing provided the carrier in current ATSM Serra/Designation C-76,Class IV. All joinls shall be water-
pipe Is of sufficient strength to support the hack and has woterlght joints.For such light and of on approved type of construction. 10,12 4 4
pipe lines,casing lighter than specified in table 1 for supporting track may be 4. The Inside diameter of cosrng shall be at least 2 inches greater than the 15 4
used for installing pipe,provided the space between carrier pipe and casing Is larggest outside diameter of corner pipe. 1B 5 B
backfilled with grout or sand. 5. Sizes of casing larger than shown in Table I are special cases and will 2i 24 27 6 8
If carrier 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 at righl angles 6. Casing shot/ be so into/led as to prevent formation of waterway under 30 7 f2
to frock she/I extend each side of center line of track five feel plus the vertical the railway. It shall have even bearing throughout its length and shall slope 33 B 12
drslonce from bottom of tie to top of casing Or encusement but not less than ten toward one end 36 9 /2
feel,except that where casing is Installed through railroad embankme-1 i1 shall 7 Regardless of the strength of carrier pipe, casings must be provided
extend beyond slope of embankment, of all locations where pipe crosses under drainage ditches If cover is less
3 When practicable,casings and carrier pipes may be Installed by the jacking or than 3'-0" Cosmg under dllch may be separate from,or a continuation A %2'0,5&-rups A
boring methods. If these methods are used the minimum depth from bottom of casing under track, and must extend a minimum of I'-0"beyond top 2'-Ole-iiqc.
of lie to top of pipe or bore must be 3�-0"or one pipe diameter,whichever shoulders on each side of the ditch.
is greater; however, where there Is good cohesive soil the depth /ray 8. When placed in open cut, pipe lines having diameter of 36"or c �—
be less than one pipe diameter, but not less than 3-0", with less, when crossing tracks other than main tracks and sidings,may 9�• °•" °`
special permission of the Chief Engineer. If installed by funneling be encased in concrete as shown in Table IT 1
or boring, the space around casing or carrier pipe must be backfil/ed 9 Where the ends of the casing ore below ground, they shell be •I'
with grout or send. sealed to suitably protect against the entrance of foreign material °l
° • 4.No pipe lines shall be laid through or under bridges or culverts, whxh might prevent ready removal of the corner pipe o. !<
where there is likelihood of restricling the area required for the Where Me ends of the casing are at or above ground surface d
purpose for which the bridges or culverts were bui/f, or endangering and above high water level, they may be left open, provided drainage
foundations of Important structures is afforded in su,^h o manner that /eokoge will be conducted I ` CMar
5. /f additional tracks are constructed in the future,the protection away from the roadbed and structures +{Z2
shall be correspondingly extended.
6. Inverted siphons for drainage or irrigotion ditches (C.S.1705/
using steel pipe with. welded or screwed loints or rerrugoleo iron
pipe with oil seems and pints close riveted and soldered having o
diameter,of 48 Inches or less and the required strength to support C,4RRiER PIPE
track, may be installed without a casing. i Carrier pipe sho// be of on approved type with water-tight SOUTHERN PACIFIC LINES
CASING joints.
L Casing may be of either corrugated iron smooth steel or concrete. 2. Corrugated' lion, smooth steel or concrete carrier pipe COMMON STANDARD
/1 shall have sufficient strenyM to support track,except that a when used without o casing shall have the some strength PIPE LINES
NES
lighter cosing may be used for instollollon purposes as provided required cbore for casings.
In General Rule 2 above. 3 Cost iron carrier pipe used wih3oul a cos,nq shall have a FOR NON-FLAMMABLE SUBSTANCES
Nestable (knocked dawn) type plain golvan4red corrugated pipe thickness not less then that specified for Class 150 Cast Iron CROSSING UNDER TRACK
of gage corresponding to requirements of ruble i may be pipe
used to protect carrier pipes that are already in place. 40 SCALE ADOPTED APR. 20,I953
' REVISED JAN. 5, 1970
STATEMENT RE THE ACTION OF THE CITY COMNiCIL
BK 13545P6 1952
Council Chamber, City Hail
Huntington Beach, California
Eehruarw A- l9an
called the regular sleeting of the City Cecil
of e City of Huntington Beach to order at Tom.
Present; 1 r. 0
_aileyl Ygftr. Fi le
Absent
CONSENT CA, NDAR - {ITEMS APPROVED)
On motion by Mmd c; second Bailey, the following items were approved as recommended
by the following roll call vote:
AYES: pattioson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Now
t�tal�r,kvr+rrtrt,k�+r�r�tw��e��. tam*:�r,r«*.�x,r,�*w*�t�:trota�trr,e�,r�w*w+;r� a�*.,rya
`< RAILROAD INDENTURES FOR TALBERT AVE ST{#P DRAIN B SEWER CC-248 - Authorized the Mayor and
J� city Clerk to execute indentures with the 5outhern Pacific Transportation Company per-
mitting the City to construct a stom drain and sewer main through their right-of-way.
RAILROAD INDENTURE FOR 60THARD T ERT $TORM DRAIN - PHASE I - CC-481 - Authorized the Mayor
and city Clerk to eXecute the lWenture with the 5outhern Pacific ransportation Company per-
mitting the City to construct a stoma drain through their right-of-way and approve the
addendum to Negative Declaration No. 78-112.
*��+��,r:��rr+r«e�r ,►�r,ter,e���a �*�,r�r+,►.��r,�+r,�r,e�*a,�«,�s�«,��r�at�a,tie*:��r�r,e�r�,taair*,��,e,rya:�t�,�rr�,�r
*f+r�attlt*ir�#*#�Iht�lr*,t#�r t,:,r�rrtir*,r,r�t�lt+�#+c+k�e*xrNNrs�*#l�r�iht,tsMkirle;►.,l.t#r+rt
Mayor MacAllister adjourned t1 regular meting of City Council
Of the o un'ttngto" Beach at 1:43-A-.W.— to Tuesday, Februa!Z 19, 1980
at 6; in Room B- ffer
Alicia 11. Wentworth
ATTEST: My- MR Q ex-o is a er
of the City Council of the City
Alicia M. Wentworth of Huntington reach, California
City Clerk
Don MacAllister
STATE OF CALIFORNIA
County of Mange
City of Huntington Beach
I, ALICIA M. 1 NTWORTM, the duly elected and qualified City Clerk of the City
of Huntinow Beach, California, do hereby certify that the above and foregoing is a
true and correct Statement of ion of the City Council of said City at their
regular meting held on the Ay of Fe ruM 19 80
WITNESS my hand and seal of the said City of Huntington Beach this the 5th
40 of 1
licia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Hurt ington Beach, California
putt'
12/78
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE
r
On this j3 day of , l%P0 , before me,
` a N ary Public in- and for said County and State, personally appeared
, known to me to be the Mayor
and , 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 instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
a � II r
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t.10,1981
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