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HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1947-10-10 AIL �. THIS AGREEt ENT t 'madsf and entered into in duplicate this loth dad* of October, 1947 by and between the PACIFIC ELECTRIC RAILIKAY COMPANY, s cox^poration organized under the laws of the State of California, hereinafter referred to as "Railway", and the CITY OF MTINGTCN BEACH, a municipal corporation of the Sate of Cal:tforn a, hereinafter referred to as "City". RECITALS T? -) City of _qun.tiongton Eesah undax decision No. 40715 of the Public Utilities Commission of the State of California, based on .Application No. 28670 of the City of liuntixigton Beach is authorized to constvuct Tkiird Street Cr-saing No. 6E-32.96-c at Grade 'across the tracks of the Paoif a Electric Railway uompFaray's Huntington Beach-Vieb1 ing Line. Under date of September 2nd`, 194-4, Southern Pao ific s; Company, ,Southern. Pacific Railroad Company and. Pacific Electric Railway Company grantod the''City of Huntington Beech an easement for Highway purposes as, shown, hatolied on ArawiAg CFZ-18, 175 hereto attached and made a part hereof-., The ba •ties hereto have_ reached an. unders.tarcing xeg-rxd- ing the opening end improving of said 3gd Street, and wish to express that understanding :AGREE' NOW', THEREF;tORE, it is mutually understood and agreed be.tweea the parties hereto as follows. 1. Railway will furnish all labors ma:;erials, tools; and eq.uipmont and. performs, the 'work of reha'bilJtating 120 feet of Reilva)r s tracks as shown in scli d red color tin ,,a.id map CES--18175 and remove 120 f6et of Southern P.acifio Coupanyl s tPacks-as shown in- tGoli.d yel?raw Color, across sptd 3rd Street, ou. Drawing CM-18175. f l« 2 City will, at.,its own coat and expense, furnish all labor, tools, roaterials, and equipment and perform the, work of:paving_ the 'entlre area shovin hatched on ssid Drawing CER-18175, includiu; ;be'pav ng cry 11at uortion of said c�ossin� witbin lines two (2) feet outside the outside rails, to he satisf lotion of the Chief Engineer of Railway. 3. City will, at City's cost, rearrange or relocate, as .ter as necessary, all pipe lines and conducts. A. City ivUl carry out its poxcion of the 'work hereunder in such ? manner as not to interfere with the safe operations of the. Railway 9s Line of Railroad. 5„ C.'Lty, at its own o--,A and expense, will maintain and keep in eepair t1iat portipn of the urossIn;g outside lines two (2) fea, octside the outside rails of Railivayn 6. All work contemplated by this agreement shall be done' In a good aud workmanlike manner and to the satisfaction of the Chief Engineer of the Railway. 7 , The Railway estimates that the cost of the work as out- lille t in Sec-tion 1 above will be approximately One Thousand live s Hundred Sixty Six and bTo/100 ($1566.UQ) Dollars and City agrees to pay to Railway promptl:: upon rendition of bill by Railway the cost of said w3kk. Tkke follooing perWenteges are included in.. the above amount: Oa, labor (for supervision) : . a . . . . . . . 4 .15% on materials supervision) . . . . . . . . . . . . . , : . .1.2% On labor (fox ..orkzents Compensation and Fin.- H pl.oyawt. Liability xn.aux ante). . . . -, . . . . . . .4-1/2% On labor (foxy vacation allowance) . . . . . . . . . . . . . . . 3% On labo' (for Unemployment insurance and Rail- road. Re+tirement) , pareentage of wages ourrently established by law. 8b This agreement shall inure to the bansfit of and be binding upon the parties hereto, and their respacti,Ye successors and assigns. 2. 3 3ff RITNE53. EOF�, e rar a ti hs�^eta ha to duly sxs utsd tas ogroement as of tho date. P. iri4t above writteO.. B J�.' tant.to F3r?a ;!den - Att . �soret-t�xsY BY It May or Attest RAY ii. GVERACKER t 112% Main, Street City Attorney UI Telephone 187 CITY OF-JIUNTINPTON BEACH C:ALIFORNIk October 69 1947 The Honorable Mayor ""ity of Huntington Beach Huntington Beach, Calif. Gentlemen: Attached hereto is an original order in Decision No. 40715, Application No. 28670, granting permission for the Chicago Street Crossing. Very t y yours, RAY H. O CKER RHO:b Encl. e P. 1 of _a Decision No. 407-15 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the matter of the application of ) City of Huntington Beach, a municipal ) corporation, for permission to construct ) a public highway across branch and spur ) Application No. 28670 railroad tracks owned by the Pacific ) Electric Railway Company, a corporation, } (Chicago Street) . ) O R D E R The City of Huntington Beach is authorized to construct a crossing at grade in the vicinity of Third and Chicago Streets across two spur tracks of Pacific Electric "gilway Company's Newport Beach Line in Orange County, at the locations described in the application, to be identified as Crossing 11o. 6E-32.96-C. Applicant shall gear the entire construction expense, also maintenance costs outside of lines two feet outside of rails. Pacific Electric Railway Company shall bear the maintenance costs between such lines. Width of crossing shall be not less than 40 feet and gradds of approach not greater than 3%: Construe-, tion shall be equal or superior to Standard No. 2 of G.O. No. 72. Pro- tection shall be by zwo Standard No. 1 crossing signs (G.O. No. 77-B) . Within thirty days after ebiapletion pursuant to this order, applicant shall so advise the Commission in writing. This authoriza- tion shall become void if not exercised within one year, unless time be extended or if above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity or safety so require. The effective date of this order shall be 20 days from the date hereof. r Dated at Calif ornia, this day of J 1947. HAROLD P. HU S! JUSTUS F. URAEMCO R IRA H. ROWCLL P_ E. ,NTITTrz"LSTAEDT 1 Go�r�ixla�siUr��•� -1- �.,. HARRY A.OVERb4YER. _w....__. � City Engineer k` CITY OF HUNTINGTON ]�EACH O R•..��1�CTFFC e e. Q ENGINEERING DEPARTMENT Huntington Beach, California �CUUNTY Gp\\ June 2, 1947 Honorable Mayor and City Council., Huntington Beach, Calif4 Gentlemen: Attached is a revised estimate from the Pacific Electric Railway Company for the rehabilita4, ,,i work on their tracks necessary in the liEproveme t of fte Third Street out off between lake and Alabama. It i to be noted in the letter that the Southern PaeiY: Railroad company abandoned their tracks which reduces the cost of the wor.&k. Using the estimated cost of the Pacific electric, the total cost of the improvement as per the accompanying plans is estimated as follows: Rehabilitation of PERR tracks ------- ------ 01.9366,00 Grading and Oiling ----------------------------- 175-00 476 lin° ft° combination curb & gutter ® $1°50 per11n° ft- -_---------e------------------ -- 714400 204 1 ire° ft° of curb only 0 $1,20 - ------------- 244.g0 Weed Diller - lump sun --a--------- _- .,-------- 20*00 25,96 tons plant mix uurfa.cing between tracks 0 $5.50 per ton 142.23 Total --$ 2,662°03 En61neering & Insp° 212.96 Grand Total -----$ 20874.99 Respectfull Harry Ate, ermyer City Engif eer HAO:a L 111 pill copy ' PACIFIC ELECTRIC RAILWAY COMPANY Los Angeles 14, Calif, Filet W.0.42300 May 23, 1947 C.E.Johnson, Chief Engineer 3 Harry A. OvermyeV, City "Engineer . City of Huntington Beach Huntington Beach, California Dear Sir.- Reference is made to your 'letter of May 7, 1947, in which you request revised estimate of cost for the work necessary in rehabilitating the track and other work incident to the opening of Third Street across Pacific Electric Railway and Southern Pacific Railway in Huntington Beach„ -The estimated cost of the work across :Pacific Electric right of way is $1,366. instead of The $1,099. as sliowm om ,in my letter of dune 22, 1946. his work should proceed as planned. We have been advised by the Southern Pac- ific Railway that their trac':s across Third Street have now been abandoned and are to be removed. It is our intention to remove the rails as promptly as possible, but I suggest that, iI you fins it necessary to complete your work before we have had an opportunity to remove the track, you yourself remove the ties and rails within the limits of Third Street, storing the material on the right of way where we may pick It up at a later date. Yours truly, E. C. Johnson Original in Mr. Over-myer!s file. t6-.AF6M S-15f0 PACIFIC LIFECTRIC -RAILWAY COMPANYlow r PACIFIC ELECTRIC BUILDING, 610 SOUTH.MAIN STREET P. ❑.ADDRESS 208 EAST 6TH STREET LOS ANGELES 14, CALWDRNIA M REPLY PLEASE REFER TO C. W. CORNELL, GENERA:ATTORNEY 25.82-1 May 1, 19417 City of Huntington Huntington Beach 'alifornia Attention Mr. C. R. Furr, City Clerk Re: In the matter of the application. of City c, Huntington Beach, a municipal corporation, for permission to construct a public highway across a railroad track ownbd by the Pacific Electric Railway Company, a corporation, and the Southern Pacific Railway Company a corporation. Application No. 2.7682 Gentlemen: I note that the extension of time to comply with decision No. 35502 in t1he above application expires on June 16, 1947. I am calling this to your attention for such action as the City may desire to take. Yours very truly, CGJC:FK {f�}p ...� -A 3-46.1 OM WA..d7REFER 10'et 610 SOUTH MAIN STREET, LOS ANGELES 14, CAWFORNIA IN RE H. R. GERNREIGH, ovember 15, 1946 932'420/ 23.:2 SUPERINTENDENT City C1Prk, City of _Tuntin�ton reach, 4;untington poach, California Set 1,T C'1' ?'Tx;Crf'Ci u':MCH - Proposed aaoznen� ae`�City of Iiuntington ]L�oach for grade Crossing at Third Street. Dear Sir: Enclosed herewit..,. is one (1) executed counterpart of aCreenient dated September 2, 1942, between the Southern }pacific Company, Southern Pacific Railroad Company, Pacific electric Railway Company and the City of Huntington Beach, granting `to the City of ?- ton peach an eaoement for Grade c3?ossin�,; at mL?ird Street. rTouvC truly, �tr October 21, 1947 Pacific tlec tric Railway Company, 209 Bret 6th Street, Lee Angeles 1.40 California your file: Gentlemen; We are eholmsing excerpts from minutes of the Council meeting held October 20e 1947, covering agreement made and entered into betwsen the Pacific Electric Railway Company and the City of Huntington f' Beach, covering the proposed improvement of Third Street across 'the trucks of the 'Paoifie; Electric Railway Company+s Huntington Beach-Wiebling Liner In the City of Runtington Bea0h . This agreement has been execuued by the autho— rized officials of the City of ',Huntington Beach, { Yours very truly# Y T 3g3h , L. Hanr o raenf En€.11. City Clerk. t 3 12•l8-4H �,.,, S-2705 A ¢®opus 1e1 C lE Mgr R +- ^ d®. Laq/np,,[a,},ay' C ®any,N Y((' 1•' f'/[r. PACIFIC ELECTRIC BUILDING: 610 SOUTH MAIN STREET P. 0. ADDRESS 20B EAST 6TH STREET LOS ANGELES 14, CALIFORNIA IN REPLY PLEASE REFER TO E.C. JOHNSON. October 17, 1947 File: WSIO,42300 GH IEF ENGINEER �s Mr. Harry A. Overmyer City Engineer City of Huntington Beach Huntington Beach, California Tear Sir: Attached in duplicate is the agreement covering the proposed improvement of 3rd Street across the tracks of the Pacific Electric Railway Company's Huntington Beach-Wiebli.ng Line in the City of Huntington Beach. Please note that the estimmted cost of this work is now $1,566.00 due to increase in cost in the last sixty days, which is due to the increased cost of material and labor. When the attached agreement has been fully executed kindly return our copy together with a cer- tified copy of the resolution of your council autho- rizing execution of same. Very truly yours, ..j t RAY H. --ID,RACKER ' 1121/z Main Street City Attorney Telephone'187 ��� `rgYJli.yrfi �� 11 CITY OF HI��T���T�_aCJN BEACH May 24, 1946 � f 4 CHonorable Meyor and City Council City of Huntington Beach Huntington Beach .4 California Gentlemen: I ain in receipt of the Fourth Order Extending Time from the California State Railroad Commission, which reads as follows; "Good cause appearing IT IS ORDERED that the time limit within which the City of Huntington Beach may construct the crossings authorized in Decision No. 35502 —be and it is hereby extended to June 16, 1947. 1f t i This refere to our proposed Chicago s Street Crossing. Very truly yours, $` RIMY H. O R C,KER City Attorney �t RHO: eo } v i f AIL COAMN or jlNrrQ�� FRED T. GRABLE, Councilm . grFo Fyn A. L. HENRICKSON, Count.. ,an - S C" of Huntington each HAW ES, W. MOREHOUS Councilman DR. R. E. HA ES,, Councilman e r Q. � OFFICYAI.S y� �s'be,P. �Q California C. R. FURR, Clerk-Controller �\ W. M. CLEGG, Treasurer j �CaURTY �� a_.e 0'?, 1-242 RAY H. OVERACKER, Attorney C. P. PATTON, City Judge H. A. OVERMYER, Ergineer and Supt. of Streets D. M. BLOSSOM., Chief of Po,,NpI, J. K. SARGENT, Fire Chief Honorl-.Jle ni v'v Coi1Pcil of t ie vit f Gi KLint:�n, to7,1 �e ch Ce.lifornia Gent!cm en: I em erclood-- �:', herewith, t- cox, of Decision iiob 35502, :-,Ach ~ran,,�� t:.e Cit. t.1e r z'ht- to conctrUCt mh5-^' Street across the railroad. fi::a,r s, RKY H. :rt�ACKER uiU, tLi J_'.1vJ Y ++A 7 FEC: eo cc Harr; CZ BI :�t r Citjr EnCineer F a (COPY) FDe-cisioxi zo. 35502, BEFORE "PREE RAILROAD Cu>r'�SSI'(?�', OF THESTATE OF CALIFOR3�IA the = at U er of the A,,Vl is 7 i.ion of CITY OF HUNT-T1rG- ON 3EPCHy a 11t nisi-oal orpo_ lion, ,or nermitsior� to ) constr+xct a pablic highway across -:: railroad track ) Apol i.ca.tion owned by the Pacific Electric Railway Company, a cor- ) ?k<o. 248821 y poration, and the Southe-rn pacific zy Coy^puny' ) a corpora_tion*i*i ) BY TIDE 00 .1ISSION: 0 R la E R Mae City of Hui tor. Beach is authorizzd to col st2�uct Third ;:Street across the Nevrport Brancb,. of Southern pacif j c Company and a. spur track of Pacific Electxic Railway' Commpan yl..s Nevrport Line' in Orange County,' at the locations describes'. in "ie u. `117 cation., Wo be identified a; Crousinas 11os. BY,<-524.3 and 6E-32.1,06-C, respect ivel y. Applicant s vii1 be.-r entire construction e: nen e, 1 so main- tenance cost outside of lines 21 outside of r cilE. Each cofnnmy Shall bear the maintenance costs betv!een'.�*``c],"ine!7 of the crossing over.;its tracks. Width of cross ins El1all,be �ot,l.less than 40 feet and trades of approach not r}reater than 3 oastrLiction, shall be k equal or superior ua Standard No. 2 of G.O. 1T0. 72: P-rotec;:Lon at A each lccatioa shall be by t,:To Standard 11o. 1 crossing si'�;Yls (Cl.O6 76-13)6' .Vithin 30 days after completion, purouG nt to this oidex A" ss i - i This t z-- a applicant shall so advise ;<k�c� Comm�.u,�3.c�.� r. r�.twnu. ��s au�h6xi�,w. . lien' 6��I1 beCG?ie iroid if I70t exercised wit hin one yenry. unlese time be extend`e _ or if above conditions are not complied ith. Authori- zation ma-y be revoked or modified if r)ublic convenience, necessity or safety so require. This order shs l be effective immediately. Dated at San Francisco, J ':ne 16, 1042. RAY, RILEY C. C. WZER RICHA71D SACHE Conmiss on.er 'ERTIFIED .A S-A TRUE COPY '11. 'kATH41S0 Secretes ry: Raiirded Commissi,n of the,Ste;e of Ca!if or-ni £SEAL) , Decision No. 35502 .. BEFORE THE RAILROAD COI" ISSIOIy OF 'PTU� STATE OF CALIFORNIA in the Matter of the Application of CITE OF HUNTING- ) TON LEIC3, a Municipal Corporation, for permission to) conAltruct a public highway across a railroad track ) Application owned by the Pacific Electric Railway Company, a cor-) No, 24882. poration, and the Southern Pacific Rai-way Company, a corporation. BY THE C O1MAISSION O R D E R The City of Huntington Beach. is authorized to construct Third Street across the Newport Branch. of Southern Pacific Company and a spur track of Pacific Electric Railway Company's Newport Line, in Orange County, at the locations described in the application, to be ident ,fied as Crossings Nose BIO1-524.3 and 6E-32.96-0, respect ivel.ye applicant shall bear entire construction expense, also ruin- tenanee cost outside of lines 21 outside of rails. Each cozpany shall bear the maintenance costs betwe n such lines of the crossing over its tracks. Width of crossings shall be not less than 40 feet and grades of approach not: greater than 3%. Construction shall be equal or41GUperior to Standard No. 2 of G.O, No. 72. Protection at. each location shall be by two Standard No. 1 crossing signs (G:0.75-B)e Within 30 days after comnletion,, pursuant to this order, ap . icant shall so advise the Commission in writing. This authoriza- tion shall become void if not exercised within one year, unless tirae be extended, or, if above conditions are not complied with. Authori- zation may be revoked or modified if public convenience, necessity or safety so require. This order shall be effective ima- edia.tel.ye Dated at San Francisco, Junp_!/6 �, 1942. C TRUE C OP'X' acrati ry, Ra lToa C"` ission of the State of Califor , a. a I1-40-700 ' p 1,7111 SOUTHERN PACIFIC CO*MPANY B (Pacific Lines) Approved as to Form by Genrral Solicitor October 18,1940) - SIFIZEET OR HI(IHWAY AGREEMENT made this "` day of4 a between SOUTHERN PACIFIC COMPANY, a corporation of the late of Ii•mucky,= its LORZor,. herein collectively termed first party,and — the CITY OF HWURGSD:;.. M C , i x 1mici,-jai. 0orporation at the Strata at lifor ie" second party. [t$[e��Ctfj, That first party hereby grants to second party (subject to the conditions hereinafter contained) the ria t to con tr t li a ntati z and=,tttso a street or a. highway upon mid across Ili%t certain parcel of aaonv land situd e in Ej�Co7tnty of f On- � — OrMa s3 State of — Gant Uld and lying within the railroad right of way of first party, and more particularly described &S ft.-IOWS, —Wit n Bw11V,h7XZ at the Southwesterly corner OJV B10e-k 301 of Vista. dal 94r Tract, Station 2, as por map reaor4 4 in Book 4, Pagt 50 of 11 sco.i laneeus Maps, in the office of county nocorder of said Oouutya arai d cortex beivg 1v U6 easterly line of the x1gUt of way of the j SOuthern PaclfiG Railroad CPompavy.; thence wester4 along the wa terl rolon xAtion of the southerly 'line Of said Block 301, � Ustalwe Off' 120 te" to a point in the westerly UAQ OT acrid ridalt 0,' wav; thenoo southerly alome the weaterly line of said right €T way: 60 rest to a in-4 in tit Westerly ptolongatiou of the northorxy line of Bloe 20 es ahowA on said map of Viata Del. Mar TrOat; th.O a8 oaatgrly SlOng said into prolong , iono 120 feet to they Zo thWebterI4 00 h T Ot 19 . n Wook 201, still aoraeZ being in the easterIv Une of 691d right Of way-- thmav northerly clang tho easterly line of said wmeAt of way, 60 fleet to the point of begina- i g$ eantaini:ts an aroa of 7000 avaxt, feet, more or less, as sown in tintod aolovius can print of Los Angeles DrawUs B-i 39g r:,ove Uay 16,,1942, bareto attache mod rm,€e a park. horrors After the 0onstrUction of said bi&way over a eld land Was been act isted as herein provided, :first party uili thereafter maintain the same between lines two ( ) feet oUtwi�e oi° the oUt i& rails of its tracks .1 a t thereon. chat party wil,i, is the event it eoa3iderza it wessmaryp guard property, mov z '' engines, twoInS and Cara of first part' at sold iooatloA while said work. is beizg dote, and socand party wiij. rei urs first p&rb7t r(�n-ptiv upon reoeiiaz of 'bi.iie !.herafor, too the. cost fat furnishing shin such flagman or flavaot. This a.greemont i.S eXpoUted in P �zu Sze of and su.t jaet to Decision Vol 35502 (APP ,.i tti On I0, 24,8$ ) Of 'ohs RWIMOd Oolt • mission of the w a e of California, dated Zung 26, 1942. Y j k j f t.- R a�soo L-3527-B Approved as to form by General Solicitor November 28, 1941. NOTARIAL ACKNOWLEDGMENT SOUTHERN PACIFIC COMPANY SOUTHERN PACIr'IC RAILROAD COMPANY STATE OF CALIFORNIA, SS. CITY AND COUNTY OF SAN FP.A�ICISGO. ) On this - `� _ -day of.. 7_na � ? lq�I before me- a Notary Public in and for said City and County of San. Francisco, State of California, per- 1 �3 sonally appeared z"asu�}i known to me to be - - - the VJLce President of SOUTHERN PACIFIC COMPANY, one of the cor- porations that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of Southern Paoific Company, and he acknowledged to me that such corporation executed the same; and personally appeared ROB X,_BRMD known to me to be the--__-SECOND--- Vice President President of SOUTHERN PACIFIC RAILROAD COMPANY, one of tho corporations that executed the within instrument, and known to me to be the person who executed the within instrument on beh,�._f of Southern Pacific Railroad Company, and he acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my offioial seal, at my office, in the said City and County of San Francisco, State of California, on the day and year in this certificate first above written. h t Notary Public in and fo the City and County of San Francisco, State of California. lip 1 You sm"pteII)ber 19, x�w , SPATE OF CALIFOMIA COUNTY OF ORANGE On the 10th day of September, 1946, before meg the undersigned NotaX7 Public In and for said County and State, residing therein, duly commiesibned and sworn, personally appeared TED W. BARTLETT, known to me to be the Mayor,. .and C. Re F'UM,, known to tie to be the City Clerk of the City of Huntington Beach, a Municipal Gorpora.tion described in and that executed the withirx meta^ment, and known to rite to be, the persons that executed the within n8tr* rent or behalf of said municipal corpor:Ltion, and acknowledged to 20 that such muni oiDal. corporation executed the same. I-9 WITNESS WHEMITOP31 I have hereunto set my hYnd, ana affixed my offietal sial, the day and year in this certificate First above written. My commission expires RAY. H. OVE90rCER0 Notary Public 11h, January 6, 19Q. a:nd for said. County and. State. STATE OF CALIFORNIA, 55. County of Los Angeles ON THIS 28th day of___ June A.D., 1946,before me, a Belva L. Dale a Notary Public in and for said County and State, personally appeared n_ A . Smith known to me to be the l president,and_Jno. J. Sultan known to me y to be the .Cecretary_4-t the Pacific- Electric Ra 7 l"vV7 r Company the Corporation that executed the within Instrument, known to me to be the persons who ' executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. --� IN WITNESSS WHEREOF,1 have hereun set my hand and a/fi e y olficia! sea( the day arid! r year in this certificate first a writ n. Y Notary Public itt an¢for said ounty and State..' —, • `. ACKNOWLEDGMENT—CORD:PRES.a SEC,-WCLCOTiS FORM226 tirY Ce'yMM15"tr,tJ EXr*tz2�e 3 ..";tt^.rigs••:7.t#FSLY - MMMMM The crossing of said highway over any tracks of'fir-t party shall be contra•-led and maintainer) at the grade of said tracks now or hereafter existing. This,grant is subject and subordinate to the prior and continuing right and obligation of first party and its successors to use and maintain its entire railroad right of way and property in performance of its public duty as a common carrier,and is also subject to the right and power of first parry and its successors inn interest or owner- ship of the said railroad right of way and properly to use the said lands hereinabove described, or any and all parts Thereof,for all purposes which are consistent with the enjoyment of the ea.-ement for highway purposes herein granted to second party. Second early in consideration of this grant shall, at its own cost a.nd expense, construct said highway on tine premises hereinabove described; and should second party, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the same for said purpose for continuous period of one year, the right hereby given shall cease to the extent of the use so abar,toned or discontinued, and first party shall at once have the right, in addition to but not in qualification of the righa hereinabove reserved, to resume ex- clusive possession of the said land, or the part thereof the us,,of which is so discontinued or abandoned. Upon ternn.•ination of the rights and privileges htieby granted,second party agrees,at its own cost and expense, to remove the highway,including the paving,from said premises of first parly and restore said premises as nearly as practicable to the same state and conditionin which they existed prior to the construction of said highway. Should second party in such event fail,neglect or refuse to so remove said highway and restore said premises,such removal a+rd restoration may be performed by first party at the expense of second party,which.expense second party agrees to pay to first party upon rc marrd. The rights and privileges hereby granted se, and party shall lapse and become void if not exercised within one (1)year frcan the date hereof. As a further consideration for this grant second party agrees to reimburse first party for any and cll assess- ments which may be levied by order of any authorized, lawful body against the property of first party (and which may have been paid by first party)to defray any part of the cost or expense incurred by second party in connection with the construction, reconstruction, widening, rewidening and/or maintenance of said highway. This indenture shall not be construed as conveying or otherwise vesting in second early;,e right or power to authorize the location or installation, or to issue permits or lictntses or franchises for the location or installation, of any structures,fixtures or other facilities of any telegraph, telephone or electric power lines or of any ditches, pipes,drains,sewer or underground structures, under, along and over the lands hereinabove described. This instrument is subject to all valid and existing contracts, leases, liens or encumbrances or claims of title which,may affect the said property,and the word GRANT as used herein shall not be construed as a covenant against the existence of any thereof. IN IITITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereinto duly authorized, the day and year first above written. go= Approved, SO UTHER v PACIFIC COMPANY, J ��''`���� �'��'� •�' �� ---Vice President CO=Qat as to Corporate Owner; Attest............. . ....... .... ..._. :vim..tr.......................... Assistant Secretary a UQT C3 i3 By ................ ...• -•----••.••-•• --.................. ----........ 0 Vise President e j � Attest............_. � ` '," .' _.................. PACIFIC Attest............. . .................................. ..... ....... . i r OTT i' 11 W IIGT-014 BRACHO If y Clam. Mayes A a 4 t , r wt xaoA V AV ORS- 0 "," $ $vu. per ovil, �o stuvoqowm� sy oloTA 4qq MM" 0 1041M wtvl 0414 eq o of moux v "wuonI VTOTA iz tar - ' om "004a ; , TWOMM so ZU • ,ew•rnstr tin!ia�e4q� r,!'�'l �61FYaetieww,W�aw�,,�� ' IV.> EXCERPTS FROM MINUTES OF THE CITY COUNCIL "MINUTES" Council Chamber, City I-tall$ Huntington Beach, California. Tuesday, September 3, 1946 The regular meeting of the 'City Council was eq-lled to order at 7:30 P M- by Mayor Bartlett, Councilmen present Grab?e, La.njtenbeek, Bartlett. Councilmen absent: Terry, Hawes. l The Clerk read easement ref ''the Southern Paoific Company, P y, 610 So. Plain Street, Los Angeles!, California, to the City of Iuntington Beach for grade crossing at Third Street, Huntington Beach, and on motion by Lang.6hbeck seconded by Grable, the Mayor and City Clerk were puthoriZed to execute same on behalf of the City. On motion by Langenbeck seconded by Grabl.e, the Council adjourned until 7:00 o'clock P. I., Tuesday, September 10, 1946. C.R. FliRR City Clerk and ex.©fficio Clerk of the City Council.. ATTEST: Ted W. Bartlett Mayor C.R. Furr _ City Clerk." STATE OF CALIFORNIA ) County of grange ) Be: City of Huntington Beach ) I, C.R. FURR, the duly elected, qualified, and acting City Clerk of the City of Huntington Beach, Calif- ornia, do hereby certify that the above and foregoing is a true and oorrect Excerpt from Minutes of the City Council of said City at their regular meeting hold on the 3rd day of September, 1946, which Minutes in full are on file and of record. WITNESS myband and: seal of the said City of s Huntington Beam, this the 12th clay of September, 1946. All City Clerk and: ex-officio C1er of the: City Council of the City of Huntington Beach, California