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HomeMy WebLinkAboutCity Council - 6048 RESOLUTION NO. 6048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACCEPTING AND ADOPTING THE "STREET OR HIGHWAY EASEMENT" AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY WHEREAS, the City of Huntington Beach intends to widen Warner Avenue in the City of Huntington Beach; and The Southern Pacific Transportation Company has agreed to dedicate an easement over property involved in said Warner Avenue Project, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : 1. The "Street or Highway Easement" agreement between the City of Huntington Beach and the Southern Pacific Transportation Company, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby accepted and adopted by the City of Huntington Beach. 2 . The Mayor of the City of Huntington Beach is hereby authorized and directed to execute said easement agreement on behalf of the City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of Jul y 1989 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk "->`' City Attorney RE _ EWED AND APPRO NITIATED A D APPROVED: City Administrator Publ c Works Director APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362 MARCH 16,1973 STREET OR HIGHWAY EASEMENT CC4 io Inalrn#nrr, made this day of 19 by and between SOUTHERN PACIFIC TRAN PORTATION COMPANY, a Delaware corporat 0n, herein called "Railroad". and CITY OF HUNTINGTON BE CH, a municipal corpora I ion of the State of California, herein called "Grantee": ��T1tPS.6P�: 1. That Railroad hereby grants to Grantee the right to construct. reconstruct, maintain and use it street or highway, hereinafter termed"highway". upon aid across the real property described on the attached Exhibit ''A 2. The rights herein granted ar expressly limited vertically and shall not extend beyond a plane parallel with and twenty (20)feet above the roadway Sur ace 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 notifica ion from Railroad that such facilities interfere with Railroad's intended use of the space above said plane. 3. This grant is subject and subor inate to the prior right of Railroad, its successors and assigns. to use all the pro- perty described in the performance of it duty as it common carrier, and there is reserved unto Railroad. its successors and assigns, the right to construct, region Lruct, maintain.. use and remove existing and future transportation, communication. power and pipeline facilities in, upon, ver, 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 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 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 yeas first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY CITY OF H NTINGTON B By By (Title) Mayor Attest By Secretary Clerk I APPROVFI) AS TO IMI GAIL IPJTTON, City Attorney 6048 Aevat,, CittT Attgrney Res. No. 6048 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I. CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is 'seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of July 19 89 , by the following vote: AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Mays, Silva NOES: Councilmembers: None ABSENT: Councilmembers: Erskine Cify ClerK and ex-officio Men of the City Council of the City of Huntington Beach, California