The URL can be used to link to this page

Home My WebLink About1989-07-20 - Easement SO. PACIFIC TRANSPORTATION COMPANY 89-5270 MINS Tax-Exempt-Govel&nt Agency 0 !CITY OF HUNTIOWN BEACH Concde Brockway, CMC h, as Q0r1t44 ® COY Qwk via%" M*br %V61 ment Co`d% fm or ebargs. APPROVED AS TO FORM BY GENERAL COUNSEL !EX� ^� D S.7362 MARCH 15, 1973 r C19 STREET OR HIGHWAY EAS E M E N Au41T No.l�( =�•`'••-•- e�i�t� �ndPlt#iLtrP, made this day of )419V9 19? , by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein called "Railroad", and CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, he qL A lU - 19 v/ 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and - 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 her.efor, 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 anv 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 15 inclusive on the attached insert 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. SOUT7RN PAC IC TRANSPORTATION COMPANY CITY zt INGTON At� ByjXWeV By (Title) -oredw Mayor C ,con#racts a FaMM Attest By 40altj Secretary Clerk APPROVSD AS TO FORM: GAIL FItJT'rON,, City Attorney By: Diep�ut Cit tt ney 11:30 OCT 2 1989 STATE OF CALIFORNIA ) 89-527828 A.M. r > ss. 4 G2 9� RECORDER City and County of San Francisco ) On this Z ____ day of At An i in the year One Thousand Nine Hundred and Eighty Nine, before me, Roger Wilkerson, a Notary Public i and for the City and County of San Francisco, State of California, personally appeared, MR. W. E. FOWLER, known to me (or proved to me on the basis of satisfactory ROGER WILKERSO N evidence) to be the DIRECTOR CONTRACTS AND JOINT FACILITIES, of the Corporation described NOTARY PUBLIC-CALIFORNIA in and that executed within instrument, and also known to me to be the person who City and County of San Francisco executed it on behalf of the corporation therein named and he acknowledged to me that My Commission Expires Feb.20.1990 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 a my of San Fra pCisco he day and year in this certificate first ` above written. /�Corporation ----- ----- Notary Public in and o he City and County of San Francisco, State of California. STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) v On this c�a day of 19 , before me, a Notary Pub is in and for said County a d State, personally appeared N ` . known to me to be the Mayor and o known to me to be the _ City Clerk of the City-of' Huntingt n Beach, the municipal corporation that executed the within instrument, known to ms to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation rporation executed the same. ZOO W& Notary OFFICIAL SEALBETT �ff)_M E BARILLA Pubic-California ORANGE COUNTY omm.fxp.Jan.B, 1990 89-527828 i • J. 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 July 20, 1989 p p 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 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 : 9/28/89 CITY OF HUNTINGTON BEACH Connie Brockway, CMC My Mirk B y: •dfr .� �L i -r i -4 27828 INSERT WARNER AVENUE, CROSSING BAA-520.59 CITY OF HUNTINGTON BEACH 12 . Railroad shall furnish the necessary labor, materials, tools and equipment and shall perform the following work: (a) install four (4) flashing light grade crossing signals equipped with automatic gate arms together with necessary actuating and operating circuits and adequate instrument housing, hereinafter collectively referred to as "signals" , at said highway. Said signals shall be located approximately as shown on the print of Railroad's Drawing B-7118, sheet 1, dated January 31, 1989, attached and made a part hereof . Installation of and all materials for said signals shall be in accordance with Railroad's usual standards . Such installation shall include removal of existing warning. devices; (b) rehabilitate approximately one hundred sixty (160) track feet of crossing including installation of one hundred thirty-six (136 ) pound rail; and (c) install a rubber pad crossing surface. Grantee agrees to . reimburse Railroad for one hundred percent (100%) of the cost and expense incurred by Railroad in furnishing materials and performing the work specified in this Section 12. Grantee shall advance to Railroad eighty percent (80%) of the estimated cost to Railroad in performing the work set forth above the estimated cost of which is One Hundred Ninety-nine Thousand Six Hundred Fifty-two Dollars ( $199, 652 . 00) as delineated in the Detail of Estimate, also attached and made a part hereof . Upon completion of work contemplated, the difference between said advance and the actual cost to Railroad shall be promptly paid by Grantee or refunded by Railroad as the case may be. 13 . The work to be performed by Railroad hereunder shall be commenced as soon as labor and materials are available following execution of this instrument and shall be completed within one (1) year thereafter. • 89--527828. ; 14 . 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 Commission. 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. 15 . The parties intend that the promises and obligations of this indenture shall constitute covenants running with the land so as to bind and benefit their respective successors and assigns . 7 89 89 52 0� EXHIBIT "A" A parcel of land situate in the south half of Section 23 and the north half of Section 26, Township 5 South, Range 11 West, San Bernardino Meridian, City of Huntington Beach, County of Orange, State of California, described as follows: Beginning at the point of intersection of the easterly line of lands of Southern Pacific Transportation Company with the section line common to said Sections 23 and 26, said point being easterly 15.00 feet from the one-quarter corner common to said Sections 23 and 26; thence southerly along a line parallel with and 15.00 feet earsterly of (measured at right angles) the north-south quarter section line of said Section 26, said north-south quarter section line also being the center line of said Company's main line track (Huntington Beach to Stanton) , distant 60.00 feet to a line parallel with and 60.00 feet southerly of (measured at right angles) the section line common to said Sections 23 and 26; thence southerly along said parallel line, 130.00 feet to the westerly line of lands of said Company; thence northerly along said line of lands 60.00 feet to the section line common to said Sections 23 and 26; thence easterly along said line 90.00 feet to the southwesterly corner of that parcel of land as described in deed dated February 17, 1949 between Mildred M. Moulton and Pacific Electric Railway Company (now Southern Pacific Transportation Company) , recorded March 4, 1949 in Book 1810, Page 395, records of said County; thence northerly along the westerly line -Page 1 of 2- of said lands 60.00 feet to a line parallel with and 60.00 feet northerly of said section line common to said Sections 23 and 26; thence easterly along said parallel line 40.00 feet to the easterly line of lands of Southern Pacific Transportation Company; thence southerly along said easterly line 60.00 feet to the Point of Beginning and containing 0.234 acres of land, more or less. Excepting therefrom, those portions previously dedicated for street purposes. -Page 2 of 2- 89-527828 PAGE I OF 5 C.S. F-30 DETAIL OF ESTIMATF JHB 04/28/89 GMO MO YR DWG. NO. B-7118 F-30 4 _-- _ DATED JANUARY 31,1989 FIll # 932431/323-2 XING53 DATA DIVN L0. ANGELFS STATION WINTERSBURG SU&UCT WIDEN WARNER AVEN E XING BAA-520.59 EIN DESCRIPTION UN QUANTITY LAFA MATERIAL OTH-COST N-CA' i TOTAL EIN TOTAL CASH --- WORK TO BE PERFORMED --- 67',t CROSS TIES 7X9X9 EA 98.000 0 1960 0 0 1960 1960 INISTALL TIES TF 150.000 551 0 281 93 m 739 REMOVE TIES (RAIL OUT) EA 98.000 151 0 175 25 326 301 ENGINEERING LT 1.000 50 0 25 8 75 67 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 688 0 688 688 MTL-ADD 8 % FRE-SPT 1.000 0 0 156 156 1196 0 CONTINGFNCIES 1.000 0 0 404 28 404 376 {TOTAL. EIN 622 752 1960 1729 310 4441 4131 624 SH RAIL - SPT NT 6.480 0 549 0 549 549 0 SH RAIL - SPT NT 2.340 0 198 0 198 198 0 PLANT WELDS EA 4.000 0 179 0 0 179 179 INSTAL{_ RAIL TF 222.000 582 0 297 99 879 780 REMOVE TRACKAGE TF 222.000 392 0 199 61% 591 525 ENGINEERING LT 1.000 78 0 40 13 118 105 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 963 0 963 963 MTL-ADD 8 % FRE-SPT 1.000 0 0 74, 74 74 0 CONTINGENCIFS 1.000 0 0 355 100 355 255 (TOTAL EIN 624 1052 926 1928 1099 3906 2807 629 FIELD WELDS EA 10.000 1110 690 566 188 2366 2178 ENGINEERING LT 1.000 35 0 18 6 53 47 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 1048 0 1048 1048 MTL-ADD 8 % FRE-SPT 1.000 0 0 55 1% 55 0 CONTINGENCIES 1.000 0 0 352 25 352 327 {TOTAL EIN 629 1145 690 2039 274 3874 3600 633 AALLAST NT 174.000 0 913 0 0 913 913 REMOVE BALLAST TF 120.000 660 0 337 112 997 885 INNSTALL BALLAST TF 322.000 338 0 172 57 51,0 493 ENGINFERINNG LT 1.000 81 0 41 13 127. 109 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 98R 0 988 988 MTL-ADD 8 Z FRE-SPT 1.000 0 0 73 73 73 0 CONTINGENICIES 1.000 0 0 360 25 360 20 89-527828 PAGE 2 OF 5 C.S. F-30 DETPIL OF FSTIMATF JHB 04/28/89 ON MA YR F-30 # _.._ FILE # 932431/323-2 DIVN LOS ANGFLES STATION WINTF_RSBURG SUBJECT WIDEN WARNER AVENUE XING BAA-520.59 EIN DESCRIPTION UN QUANTITY LABOR MATERIAL OTH-COST N-CA i TOTAL EJN TOTAL CASH *TOTAL EIN 633 1079 913 1971 280 3963 3683 1 634 SH 32-136# TIE PLATES lba EA 176.040 0 232 0 232 232 0 SH 90-119# TIE PLATES 11' EA 84.000 0 59 0 59 59 0 N TIE FADS EA 148.000 0 266 0 0 266 266 SH ANTI CREEPERS 5.5/6' EA 260.000 0 36 0 36 36 0 N TRACK SPIKES EA 1,216.000 0 243 0 0 243 243 INSTALL O.T.M. TF 222.000 233 0 118 39 111,91 312 ENGINEERING LT 1.400 18 0 9 3 27 24 ADDITIVE 91.9% (CITY/IND) 1.000 0 0 230 0 230 230 "--ADD 8 % FRE-SPT 1.000 0 0 66 66 66 0 CONTINCENCIE.S 1.000 0 0 151 43 151 108 *TOTAL EIN 634 251 836 574 478 1661 1183 642 GEOTEXT FABRIC 16 OZ 14'W TF 150.000 0 473 0 0 473 473 PERFORATED PIPE ba LF 300.040 0 981 0 4 981 981 INSTALL FABRIC TF 150.000 88 0 44 14 132 118 INSTALL DRAIN PIPE LF 300.000 161 0 83 26 244 218 ENGINEERING LT 1.000 20 0 10 3 30 27 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 247 0 247 247 MTL-ADl, 8 % FRE-SPT 1.000 0 0 116 116 116 0 MTL-ADD 6% FFRE 1.000 0 0 87 0 87 87 CONTINGENCIES 1.000 0 0 231 16 231 215 *TOTAL EIN 642 269 1454 818 175 2541 2366 643 RUBBER PRE FAB TF 120.000 0 27120 0 0 27120 27120 INSTALL RUBBER X-ING TF 120.000 2967 0 1513 503 4480 3977 REMOVE PAVING W/DISP (XING) SF 500.000 1159 0 589 193 1748 1555 ENGINEERING LT 1.000 549 0 282 94 831 737 ADDITIVE 91.5% (CITY/IND) 1.000 0 0 4278 0 4278 4278 MTL-ADD 7 % FFRE 1.000 0 0 1898 0 1898 1898 MTL-ADD 8 % FRE-SPT 1.000 0 0 2169 2169 2169 0 MT1.ADD 6% FFRE 1.000 0 0 1627 0 1627 1627 CONTINGENCIES 1.000 0 0 4415 296 4415 4119 *TOTAL EIN 643 4675 27120 16771 3255 4M 45311 Pw a 4- o F *ETA'I L F ESTIMATE �9 SUMMARY BY LINE NUMBERS FORM 30 NUMBER: 04/21/89 C. S. F-30 GMO MO YR DMB FILE # E 932431/323- 2 DIVN. LOS ANGELES MILEPOST BAA- 520 . 59 STATION: WINTERBURG SUBJECT: INSTALL CROSSING WARNING SYSTEM AT WARNER AVENUE MATERIAL GATE MECH WARM 27 ' TO 40 ' EA 4 $ 12600 . 00 FLASHING LIGHT SIGNAL ONE WAY IND EA 2 $ 1350 .00 FLASHING LIGHT SIGNAL TWO WAY IND EA 2 $ 2700 . 00 FLASHER SIGNAL FOUNDATION EA 4 $ 800 . 00 RECTIFIER RING 10-5 EA 4 $ 270 . 00 AC GENERATOR EA 1 $ 115 .00 TRACK CURRENT MONITOR TCM- lA EA 3 $ 405 . 00 TRACK DRIVER TD- 1 EA 4 $ 755 .00 RESISTOR - 5 OHM EA 4 $ 60 . 00 SURGE SUPPRESSORS LT 1 $ 800 . 00 LIGHTING TRANSFORMER EA 1 $ 480 . 00 BATT. NICAD ( 240 AMP HOUR CELLS) EA 9 $ 1085 . 00 AUTOMATIC RECTIFIER (40 AMP) EA 1 $ 565 . 00 POWER PANEL W/BREAKER & GFI EA 1 $ 50 . 00 RELAY HOUSING (81") EA 1 $ 1625 .00 RLY HOUSING FOUNDATION PIERS FOR CASE EA 2 $ 160 . 00 PLUG- IN LINE RELAY EA 11 $ 4840 . 00 PLUG- IN TRACK RELAY EA 4 $ 1400 . 00 PLUG-IN HD LINE RELAY EA 3 $ 1680 .00 PLUG- IN POWER OFF RELAY EA 1 $ 430 . 00 PLUG- IN FLASHER RELAY EA 2 $ 890 . 00 PLUG- IN TIME RELAY EA 1 S 1280 . 00 INSULATED BONDSTRAND FT 1000 $ 1000 . 00 CONDUIT & FITTINGS FT 160 S 1040 . 00 1 COND # 6 FT 2940 S 795 . 00 1 COND # 10 FT 1260 $ 165 . 00 SHOP MATERIAL LT 1 $ 500 . 00 INSULATED JOINTS EA 10 $ 2750 . 00 INSULATED PLATE AND ROD SET EA 1 $ 610 . 00 AC SERVICE MATERIAL LT 1 $ 750 . 00 MISC SIGNAL MATERIAL LT 1 $ 1260 . 00 TOTAL AMOUNT FOR MATERIALS $ 43210 . 00 LABOR COSTS ELECTRICAL LABOR $ 750 . 00 TRACK LABOR $ 1200 . 00 SIGNAL LABOR $ 16050 . 00 SIGNAL SHOP LABOR $ 1720 . 00 TRAVEL EXPENSE $ 9630 . 00 TOTAL LABOR $ 29350 . 00 PERSONAL EXPENSES $ 200 . 00 • PAGE DETAIL OF ESTIMATE J S 8 - Z�g�B SUMMARY BY LINE NUMBERS 5 FORM 30 NUMBER: 04/21/89 C. S. F-30 GMO MO YR DMB FILE # E 932431/323- 2 DIVN. LOS ANGELES MILEPOST BAA-520 . 59 STATION: WINTERBURG SUBJECT: INSTALL CROSSING WARNING SYSTEM AT WARNER AVENUE ADDITIVES EIN DESCRIPTION LABOR MATERIAL OTHER SUB TOTAL 29350 43210 200 EQUIPMENT RENTAL 10275 NC 2570 FREIGHT 3455 PRELIMINARY ENGINEERING 2700 MATERIAL HANDLING CHARGE 2160 USE TAX 2595 VACATION ALLOWANCE 2595 HOLIDAY PAY 1685 HEALTH AND WELFARE 3800 RETIREMENT AND UNEMPLOYMENT TAX 9305 PD PL AND WC INSURANCE 1320 ACCOUNTING AND BILLING 1000 CONTINGENCIES 4960 6480 5610 655 SIGNAL WORK 38010 49690 43000 DEBIT RECOLLECTIBLE 130700 CASH CREDIT 2955 SALVAGE EIN DESCRIPTION LABOR MATERIAL OTHER --- ----------- ----- -- ------ ------ MISC SIGNAL MATERIAL 400 948 DEBIT MATERIAL ON HAND 400 947 CR RECOLLECTIBLE 400 RETIREMENT EIN DESCRIPTION LABOR MATERIAL OTHER LEDGER VALUE PER VD 89983 8210 CONTINGENCIES 821 943 DEBIT ACCRUED DEPRN 9031 941 CR R&E 9031 A