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HomeMy WebLinkAboutSOUTHERN PACIFIC TRANSPORTATION COMPANY - 1970-12-21 t a December 22, 1970 � '01Or AV aouthern Pacific Transportation Company 610 South Mair. Street. Los Angeles, CA 90014 ff Attention: J. F. McAllister 1 Assistant Division Engineer , I Dear Sir: The City Council of Huntington Beach, at its regular meeting held Monday, December 21, 1970, authorized fie ezecLition of the easement agr.ement covering the improvrement of the Adapts D ) Avenue crossing of the Southern Pacific Railroad. Enclosed are two copies of said easement duly executed acd acknowledged, together with minutes: excerpts, attached. ease return cane :copy wit1 ing Si-rerel.y yours, Paul C. .lanes City Clerk PCJ:aw Enc. - � City of HuntingtonBeach . ...�.. � i,.o. BOX 130 CAE.(FORPd[A 92648 ENGINEERING DEPARTMENT December 10, 1970 � � V -Y Honorable Mayor � and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Adams Avenue Crossing of Southern Pacific Railroad Gentlemen: 4. Transmitted, he-ewith, are two cop es of.gn easement agreement cc,vering the improi,ement of the subject railrp,4d crossing. Portions of the improvements are now under c6n_struct.gn by City Contract with Sully Miller Company. It is recommended that your Honorable Body authorize the Mayor and Clerk to execute the. documents, and instruct the Clerk to attach s certified copy of the minute action to each, and return to the Sout-hero Pacific Railroad Company. Very truly ,yours, James R. Wheeler Director of Public Works 'RW:DWK:mp Ts ems e Southern Pii Transportation + omp amy 1»atPtY PtiaiLRL{Lfl SA 610 SOUTH MAIN STREET. LOS ANGELfS. CALFORNIA 90014 J.H.LONG (/ _ } �]/^� ? (� j /'� SUPERINTENn£NT ^.'.'£ ♦233) VLF.-- l l� 27:1: Vn� 22653 ,1"lT —7!—j,�L A.G.BATS A031STANT SUPERINTEN04NT W. P REED ^� (� ASSISTANT SUPERINTENDENT �C�.. p , 1970 R.WIDMANN DIVISION ENGINEER Mr. James R. .Taerl,er Director of 10ablis ,rax''.s lity of Hunti.n ton Reach P,O_, Fps.% 190 anti. ton .p a�.h, California, 90 1D i JECT x Adams Avenue "'fid.eri nC at Southern raelf-10 RR,'T1 �'y t'Jro3'�.i.Rw.i2L7 f aJ .+.S.as.'G^ Dear Sir: noosed are dupM eate counterparts ©f a proposed ea,sement i.ndentgre and constriict].on a::bd nai:ntenaYlce aork?e-^ clont coverinC t5he proposed wid,eninr, and of subjiect st, ,eet as it offei;ts railroad at Cross4njj ',:le -,".-523-56 - Please review and, if sati.sfaat.o,: , plac* 11a 1 ine for exe- cutior. on behalf of the City, FUGyia.tures of the officials ,-I.Sning foil Ure Clt-y should he act-nuwler3gedo trnen retu.rni--Z the doeuaen fs to t? is ff ioo for our hum d3 ing, would appreciate the attaclvient to eacl� of a certified copy of t: e minutes of '4ac nr eetLn- or re:3'3li1tiO.L.?, or excerpts t.`'@'rienf, by the gCJir'6Z`n"41- body of the City ri u' :xor1..q4 acceptance gx:d o.-edition of t'hu instrulrent. Yours very truly, Saperintendepvt d� aA Iister Asvt . Division Engineer Encl a. . .,:r _.t^ux.,.,:.•, ,. .,� - r €r�•-s-.. t d�.,yr.+.n-.:. .,'r.r.,�,. ...a,•,prr-„w,.,.. Southern Pacific Transportation Company iw✓rFPIT fldAd.Y Rf Its f0 3 610 SOUTH MAIN STREET. LOS ANGELCS.,CALIFORNIA 90014 1 H LONG �y•�) [ {/art �e��1_y y...� [ •�*//�� A+te7+ P+ A G BAY RINTEM..7[Nf AT C 2 J f. �'t2..3.y,="6 6 , E�.'tn. 22b53 TKO-[1.�j1, 0 B Atbl/TAN:SVAE AINT[NDEHi7 } i '{ (�W CA MSTOANT 9UPERINTfN9fNT �� N� 4ivi 8, 1970 R .NIDF'IANJemeq Q. 'Wheeler 9tY Id19N CNG:Nf ER T; rer 1;,nt' of 111"A i c 3 orics v -,r ., .int',l;;tcn Beach :i '..) "'zsP{'.t..i ✓d�.l.i+?:' 14a, 92t.5 .,4T Adans Avenue *?_cieninrr, at 5owthe "'acw 'ic IRR ro.ssin,, STA,11T)1T- ;3E dux? L•Iki'.% i �r 7 �F`A. ..r• wT� are duplicate counterparts of a propL 4ed ao -,W vic Lion and 1T2ain tte-9-1ce f1aree vx •• ys,t;�' M ' 1','C`E' t� "?po r`+rd W iC eTii11 and i1,,-,)'vinr, Of ubjleet 1 n A+ t Ae, 2F. 'a.r�f'•fy,.t'3. 17---7 1 "oad L�.rt Cross"...ng ki. B.�iA-5.23s58. "e>� . Y i s 6T *a 1 i ¢s Zvi f zl of r pace in line for $xe- :t:L: '311 ..f' :-he Ityr Icgatures, of the officials 'I.,Yx 1.#-..Ak .e Lw sf..,-), d be a cXJia�vl edged*: vyte do e-anert',.s to W.As offi Ve for would apprewia:e the at',achaient to :x cey,,Af'pd copy of _e minutes of the Tnoet ng fr i, :: I-,� h, r °cod', pnascc� by tie Governing, AP a- -ion of C '-ones verb truiy, N 3 i,era atendent za e cA 19 t'X'...ar..... fis at r Ivisa on Ernaxxiae r Y+ .,..ssi•:]VCRAI.CCL t •C.tE.3#rA'X iSu 6T iSf. 79t1C STREET OR HIGHWAY EASEMENT � $l t3 l f'$1I111"1'. ntad t day of , 19 , by and between $OUTEUEMN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delava,re, herein called e'I'�sUrmd," and. CITY OF HUNT'INGTON BEACH, .a muv i c ipa 1 corporation of the State of California, herein called"Grantm"1 tt,W5&g : That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway hereinafter termed "highway," upon and across the real property described on the attached Exhibit" " „. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and t,venty i 20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and sit iiiai highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear- ranged Nvith:n thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the space above said plane. 7. This grant is subject and subordinate to the prior right of Railroad to use all the proper-ty described in the performance of its duty as a rommon carrier, and there is reserved unto Railroad the right to construct,reconstruct, .naintain, use r,nd remove existing and future, railroad, transportation,communication and pipeline facilities and ap- purtenances in, upon,over,under,across or along said property.In event tracks are removed from said property,Rail- rod1t shalt not be obligated to make any change in the grade of said highway. Thus grata is subject to all licenses, lea-?s easements, restrictions, conditions, covenants, encumbrances, 1,ins an•1 clAims of title which ma} affect said property, and the word"grant"shall_iot be const, ued as a covenant against T.nv exist thereof. 4 The rights herein granted shall lapse and become void;F t?ie construction or reconstruction of said highway us not c,mmenced within yfrom the date first herein written. This grant shall t t z be construed as con-eying or otherwise! vesting 'a Grantee the right to install or to au- thorir,v th,• installation of any ditches, pipes, drains, sewer or underground structures, or the facilities:of any tele- gi-aph, telephone or electric power lines in, upon. over, under, acros or al,ing said property,except as e:izeisary for n::iuu.Pnience of said highway. 6 Grantee shall obtain any• ^cessary governmental authority to construct, reconstruct,maintain and use said h .illy a.; nN contractor performing work on the propertyy herein described shall execute Railroad's standard form .t contractor's agreement prior to commencing•any work on Railroad's premises. Excipt as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing a!,I n•.•int:aming said highway. The trussing of said highway over any tracks of Railroad shall be constructers and m:aini,­inod it the grade of said tracks now or hereafter existing. After the construction or reconstruction of said l:t been completed, Railroad shall maintain the surface of that portion of said highway betweenlines VAro fy», side the rails of each track located thereon.Should Railroad abandon tracks leading to said highway,hail- ,, A : . abandon its rails, ties and appurtenant materials and leave the same in Diace.In such event,Railroad shall be' :!able for maintenance of the portion of said highway specified above, 5� As part consideration herefor, Grantee agrees to pay Railroad au amount equal to:all assessments hauled by ,in, laµful 'body against the property of Railroad to defray any dart of the expense incurred in cotuiection with the -ris�tnaction or reconstruction of said )+-bway commenced within r _ yyfroom�m the date first herein wri tten. 9 ShoWd Grantee at any time abandon the use of said property two or any piirtthereof,or fail to ime the same for said l.urpose fc,a corionuous period of one (1) year,the rights granted shall cease to the extent of the use so aban- 3,:rwrf r dis:e ontinued. and Railroad shaLl at once he"ve the right,in addition to,but not in qualification of,the rights hervin,th,-ve rusen ed, to resume exclusive possession of said property or the part thereof the use of which is.so dis- ,•„ntin•u_•ii or Rhanooned Upon termination of the ra ht.s hereby gra aed, Grantee a*''ees to remove said highway, in- h.ding the pati ing, from said ,property of Railroad,to restore said property as near as practicable to the&wme-iitate And ,4nviiti,m in which it existei prior to the construction of said highway,and to bear the expense thereof, Should r;r ether ui such oveia fail, neglect or refuse to so remove said highway and restore said property, such removal and rN_,t,�i at ion may be•performed t,y Railroad,at the expense of Grantee,which expense C ,ntee agrees to pay to R Uroad uli.n dPm;and. ,0 Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer deslres ro a,n int,,re,st in said property,Grantee shall be required to purchase Railroad's Interest in.said property-at the then: fair market value. I 1 This indenture shall inure to the benefit of and be binding upon the successors and aligns of the Parties here-to 12. &Icctions 132 to 17, inclusive, on the insert hereto attached are h€areby m�.- Ie parts of this indantu_eq IN WITNESS W hEREOF,the parties hereto have caused these presents to be - :,ui a is diqiicatt Aa of the y and year first herein written. SI?UT li PACIFIC I.TAN3PORTATICH C=PI Eel' nm! By ulr ILA�t ant 0ae Y e RXF q 43660/321-2 -- 11/24/70 E X H I g I ,T ra A r� Adams Avenue Crossing No. BA A--. 23.59 That certain piece or parcel of land, situate in the City of Huntington Beach, County of Orange, State of Caali.foruia, described as follows: A strip of land, 60.00 feet in width, situated in the city of Huntington. Beach, County of Orange, .StAte of California, being that portion of that certain 40 foot strip of Land -od cribed in deed to Pacific Electric Railway Company, recorded in book 1653, page 503 of Official Records, in the office of Recorder of said County, lying 30.00 feet northerly and southerly measured at right angles, from the easterly prolongation of the center line of .Adams Avenue, 60 feet in width now laid out, formerly Quincy Street, formerly Wesley Avenue, as per ma, of Tract No. 12 as recorded in Book 9, page 13 of Ri acellaneous Maps, in the office of said Recorder. The above described real property is shown on the print of Railroad's Toos Angeles Division Drawing A-6856, Sweet No. 1. revised C gay 7, 1970, attached and made s wart hereof. s 4,: RAP - 7 .. 43860/321-2 -- 11/24/7 0 I 8 E R T Adams Avenue, Crossing No. BAA-523.59 Huntington Beach, California 13. Railroad shall furnish all necessary labor, materials, tools and equipmont to install asxd shall :install two (2) flashing light gra,,e crossing signals with additional light units mounted oaf cantilever arms and ax,ugraent�qd. by au.towatic gate arms, together with neceAs ary actuating and operating circuits and adequate in- strument housing, hereinafter collectively referred to he "signals", at said highway. Said signals shall be located approximately as indicated on the attached print. Installation of and all materials for said signals shall be in accordance with Railroad's usual. standords. Such installation shall include removal of existing crossing signs. Grantee agrees to reimburse Railroad for fifty percent (50%) of all cost twnd expertise incurred by Railroad in connection with tho furnishing and installation of said signals and removal of existing .crossing signs. 14. Railroad, at its expense, will remove the ezigsting grade crossing In the track area, prepare its tracks through the crossing area and furnish and Install pawing in the existing portions of tho crossing area. Railroad. at Grantee's expenGe; shall, furnish and install paving in the widened portions of the crossing area. Grantee agrees to reimburse Railroad !or all cost and oxpense incurred by Railroad iL connection therewith. 15. Railroad shall submit to Grantee ax bill for sixty percent of Grentec`s share of the estimated cost to Railroad in pertoreting work for which Grantee is obligated to reimburse Railroad bereundor upon completion of SUCK work, which bill Grantee agrees to promptly pay. Should the actual cost prove upon completion of audit to be more or less than such eattmat ed cost, the difference shall be promptly paid by Grantee or refunded by Railroad, as tho case may be. 16. After installation of said signals has been completed, Railroad shall maintain same so long as they shall remain is place. The test of maintaining said signals shall be apportioned between the parties hereto in accordance with Sections 1202.2. and 1231.1 Of the Callfor ai.a .Public Utilities Code. The precise manner and method of determining applicable chaargos, manner and jaethod of payment and other procedures ;tinder said sections shall be grrvcarned by any applicable decisions of the Califortti.a: Public Utilities Commission. 17. The work to be performed by Railroad beroundex shall be commenced as soon as labor and atteri.alm are available, following execution of this instrument, and shall be comp;l.etod withIn one (1) year thereafter. Y.y i v 1 3 :°�s."". .. . .,,,.,. .,.. .e... -4 .t._.:,. *�,'.-. r_ ,-a•..• ..i.. I t r 'dv`> ,.t' ' y "'.,+.k'i'-far. i.. 'e.,x "R y;, :jr ;n+` 4'`� �+ .�:: w- c s��• 'r'c a�``xGe �,.,,.7 +P+; n K.�-,_ _ ra.. �. -''X se: ,£w�;t �� g��,.es?as`7"sw�s•Y.':-MF. r��:�y,�>� +`•%"� j �.,*.` lhs1ar •.f%': ,. > .. ._ .y'.' ..r - a`� _ �"I�� '�t� �.i Y��Lt+` i Y'x•"� Y.y^•-y-� .�.n+« W ,y rc• Np � •CWP .x""'+ 5�y rt. Av" ''{"'"�.t r.r.J Ili R ;+�. �'z { �'.u��� '�'f�'"�y+�A'Rr•' Y''.„'�5• 9 y�a! L. ._.i+.S 1'!r Aga. •I; A le>�4..f t— - t 4� � f� � .. ��. •t .t� __.�. �, Kam. '*'} '41st3c y �a2. f+ s a y > 4 .c�.,"ra yt..:+1S=m-'�'1c f.kr:.4A•t., ", ` �c'�.. '� 'P a,•-,F� NA °t^.rest� a et ;,.:e. s. " j :'s.J.:�::, h�vl +�. �` °��{'i►.S.t� �y L " x Mx... ... ... ......—....-,.b».... .wry-'..'..m...-r.n,+•- t ,4 r+e �� .,� .�•�?:. + .s3 .� '`+. ra',s{ .: >� rc. =!" r `:�r to "' ;,<4 a•,�. "." ...a ..�.n�t> wu.x ,�. ,;.. r«,,..,r.•. ,. ... _ s�+s.�+�✓Fa.a.o-o,.+•..d..y ?(. - �'' ,. d � "a Fi Lj SOMMEM Il•. 6' r' PACIFIC COqg A14 . ._ �rwe. at,4 �-s i sr a�d matStwilit.fti t ✓ e ` � .�.. _..-d�.7i;4..w�. '�'.,.�w'.s., ,.,_.r� .�:w.:a�+x � _•r.:t?�Y�'�`5, .:.'� �ar�h�'-tn,: - S°TA I " OF THE ACTION of C,�I� .ouNcIL Council Chamber, City Rall Huntington Beach, California Monday, December 21, 19 0 �? Shipley called the regular_, meeting of the City Council of the City oiC Huntington Beach to order at 4t3C o'clock P.M. Councilmen P:esent:.McCracken Bartlett, Gibbs, Green, Matney, Coen, Councilmen Absent: P ey ONS:ENT CALENDAR ITEMS APPROVED) ' On motion by Green, the following consent items were approved as recu+rr7ended by the following roll call vote : AYES : Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen,. Shipley NOES : Counc i l.aen: None ABSENT: Councilmen: None EASEMENT AGREEMENT - SOUTHERN PACIFIC RAILROAD - CC-138 Approved a!n easement agreement covering the improvement of the Adams Avenue rail- rQ:ad crossing - .C-1_18 -as recommended by the Director of Public Works , and .. jthorized the Mayor and City Clerk to execute same , and that the Clerk attach a certified copy of the minute action to each for return to t')e �')Uthern Pacific Railroad Company. On motion by Coen the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried . Paul C. .Tones City Clerk and ex-officio Clerk: of tiie City Council of the City of Huntington Beach, California ATTEST: Donal:] D. Ship ev Pau 1 C , Jones Mayor City Clerk STATE OF CALIFORNIA ) C outs t y of Orange ) as s City of Huntington Beach } I , PAUI C. JONES, the duly elected, qualified and acting City Clerk of t�,e City of Huntington Beach, California, do hereby certify that ,he above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the2lst day of Decmeber , 19 70 WITNESS my hoed and seal of the said City of Huntington Beach this the22nd day of December 1970 Paul. C, James City clea:k and ex-officio Clank of the City ,Council of the City of Huntington Beach, California { M4 Deputy R" V - 43860/321-2 - 41/2 /70 3 X K 18 I T A - 95,E �- r 59 Adams Avenues Crossing No. HAA-5 3«59 That certain piece: or parcel of sitLtate in the City of Huntington Beach, County of Orange, State of Caalifernia, described as follows: A strip of land, 60.00 feet In width, aituated in the city of Huntington Bead, County of Orange, state of Caiifornju4 being that portion of that certain, 40 foot strip of land described in deed to Pacific Electric Railway Company, recorded its book 1653, ,page 503 of Official. Records, in, the office; fat, 49-dort ` of said Jj aqv laic oust. �.�07 ay - Avenee, as9p. page 13 of, 4. faN d'u9STVasLdYi�°.O �{ fy ik'T'; 'k�'k } , °,�°he above des �7+��1; o�� � .�' �' . 'rho P�°f�#t Of ftjlroa 's Los Angelo 11 rawiserd Y 3 A ..,.,..,,...,, ffOF T nEQuasT OF 6f OItA& OF, ON rY, CALIF. �� #tech r G4 v'y f�y �. ,`ii'',* 3 4m t! if t'w. x:��•{9.'114i d.�Y'r__. ... � of �* C-•-.. '- ' • r); it . .� _ �R��'+*�"N�ryFN�.+r�p h�yr:+:.x.,r.Ma Y •ai.h« Y.st�,4®<h4v lr nhw w. riiRr a. f v.4ry a _ ,. # . TYr=Y4�"' '" .✓ .vK e-•..IJM+, .w+hM„w+r.,t Y r. rrh a•:f w}y?`" ..yy.,r.:;,4 i .. " yry�"e ,' 3!.' ,+"v'-.-o*,s ,Y..w...:rt,..er -f,.n•i.r.,;:,.-+� _ ...R;,:.. } ...a5s�`, T - r < NMAT •pe M- • L n Y^ • r ' r :.: �,.«.. .�v .. ..^�w •' y�ri.:�a . 4:. �., t• ,jhl.".- :x < Je,,. �� .�3. -�'d Y- r�X- vh�r b �J - : 4h., �. •t:� �,. �Xt .'.�R� f.��. i S'y:.. ::J g? .r' - s �`^+..M.—..-4...- .. r" .•............:..,..ay......�,•x � '��v+r ,� ,g+,r..^'+:'.- i�.i-+•,......a..sr+%,w..,w---^"'>,...r.,,.,r...��—....--.........-r•••._.._...h,.�:.�-.....�..,.....,......�.-...rr ' '�'„a' � 'u to k.. v r4 �`,�✓ bar. SOUTHERN PACIFIC COM-�ANY `^i 3..Cd'+t�' �S`.��..++,.ss�.'{��'^3q��q pL�i`d'�t�.!+G.'y �y y^� /,y �g"a'`i,•�Sf]�Cpa J'�.:,.�.�:?( `�,`•`�4"{�.`�`�!'+,'.i;•w �^'ry �� • i�"+4wl^a l V td S�.a..+�.n 4t i%. wt ^� d- n-.ai �C-a�`, i.F � %`'.•d'. �''�i�.�(;''• ...SW'' �yJ�;:x�.+ C 444 �G!'x c `+-t Gg T �.�...'-a. }a�,'.-F•.tx �+a'.. 5 •.p:�'t �'� ,� a • t S §, 14T OF THE ACTION OF C1 _aLL Cf3LTNC11, Council Chamber, City Hill, Huntington Beach, California Monday. December 21, 1970 'talon Shipley Galled the regular m etirlg of the r Citv Council of the City of Huntington Beach to order at 4,30 o'clock P.M. Councilmen Present- McCracken Bartlet", Gibbs , Green, Mafney, Coen„ ' Councilmen Absent# ShIp ey a_ M._... . t-n kxsk••k*�Y7r�riF�tk h�l k�Yc�rk'�rc�'r�r�ik�:`c�c�"�r�c��r7Y��ktk�e-{.-#r�k�r,k7t�7cyC CONSENT CALENDA 'T.,tvSS APPROVED) C tF Or - >tion by Gr, thp foll,owi.ng, Consent items were approved as rt c­,i needed by r.. ., cwing roll call gate: AYES : Cuuncilnnr. : McCracken, Bartlett, Gibbs , Green, Matney, Chen, Shipley NOES : Councilmen: None ASSENT- C-Dur c i lmen: None �:�:�+cz'r-��';��}r�:rk�hksr',c:cx:�:`•.^r�;•nti�'c�'e�r�����r�•ir-'.rh�r�Y•A���k�kak•lr�i z'r�e#�te�'rh�rhk ,a . EASEMENT AGREEIRENT - SOUTHERN PACIFIC RAILROAD - CC-138 Approved an easement agreement covering the improvement_ of the Adams Avenue ra l-- read crossing - CC-138 -as recommended by the Director of Public Works , and authorized the Mayor and City Clerk to execute same, and that the Clerk attach a certified copy of the minute action to each for return to the Southern Pacific Railroad Company. +r k�k•cb-,h��t•�r��k�'�r��:k k7E�4•�r>Y�t's��r'�r•�c�7k'lezlc-�c:k�,hk-A'�ak�r�~kdc i4•�c3kik� On motion by Coen the regular meeting of the City Council of the City of Huntington Beach adjourned, Motion carried. Paul C. Jones City Clerk and ex-offi.cio Clerk of the City Council of the City of Huntington Beach, California ATTEST: w onal,d D. ShiDlev Paul C . Jone_N _ _ _ Mayor City Clerk _._r_ STATE OF CALIFORNIA ) County of Orange 3 ss City of Huntington Beach I , PAUL C. .TONES, the duly elected, qualified and acting City Clerk., of the City of Huntington Heath, California, do hereby certify that the Pbove and foregoing is e true and correct Statement of Action of the City Council of said City at their regular meeting held on tbe2lst day of December , 19 7C WITNESS my hand and seal of the said City of Huntington Beach this the22nd day of December , 1970 Rtttxl. C �trz�as City Clerk .aF -dfoa Clerk of tie City Oouncii of 'the City of Hun tingt04-DOB ch; r i.fPrtk.a i+ dIL TAW qW, Rom' -- V 48860/221-2) - 11/2 1/70 c Adams avenue, Crossing No, B"-525.59 Huntington Beach, Calitrro .a 13. Railroad shall furnish all necessary Labor, materials, toox s and equipment to install and shall Install two (2) flashing light grade croesiog sigmas with additi.onAAl light units mounted on cantilever arms ar-J. augmented by aute)WAtie gate arras, together with necessary actuating and operating circuits. and adequate In- strument housing, heroinaf ter collectively referred to as "signals", at said highway.. Said signals shall b�& located agpproximate)y as indicated on the attached prAut. Inotaall:ation of and all materials for said signals sha12 be in accordance with Railroad's usual standards. Such Installation shall include removal of existing crossing signs. Grantee agrees to reimburse Railroad for fifty percent (50%). of all cast and expease incurred by Railroad it connection with the furnishing and i.netcal.lation of said oi.gntal s and removal ofexist Ing crossing signs. 14. Railroad, at its expanse, will remo;: tH,, existing grade crossing in the track area, prepare its tracks through the --Wo:.s ng area and -*u:rn sh and install paving in the existing portions of the crossing area. Railroad, at Grantees expense, shall furnish and install paving in the widened portions of the crossing urea* Grantee agrees to reimburse Railroad for all cost and expense incurred by Rai,lroi d in connection therewith. 15. Railroad shall submit to Grantee a bill for sixty percent of Grantee's share of the estimated cost to Railroad in performing work for which Grantee is obligated: to reimburse Rtilroad: hereunder upon completion of such vork, vhi.ch bill Grantee agrees to promptly pay. Should the sactual cast prove upon --ompleti on of audit to be more or Lass than -such estimated cost, the. dif feretce shall be promptly paid by Grantee or refunded by Railroad, us the case may be. 16. After installAti.on of said signals has been completed, Railroad shall maintain same so Long as they shall remain in place. The stast of maintaining said signals shill be apportioned between the parties hereto in accordance with Sections 1.202.2 and 1231.1 of the Calitorn a public Utilities Code. The precise manner and method of determining applicable charges, manner and method of payment and other pro--edurea under said sections shall be governed: by any applicable decisions of the Caliterni, Ih:bl c Utilities Commission. 17. The work to be performed by Railroad hereunder shall he commenced as soon as labor and material,a: xr-;.� aavxi.l.able, following execution of this instrument, and shal. be completed within one (1) year thereafter. lt#SURT �r Ift I 14�,8 i SUM OR HIGHWAY EASEMENT V W_ ,A -. f 48 "ade ChLl day Of by kind between SOUTHERN PACIFIC TRIANSPORTATION, COMPAIfy, a corporation Of the State of Delaware, herein called "Railroad," and CITY OF M TINGTON BEACH, a municipal corporation of the State of California, herein caned"Grantee"; 1, That Railroad li­n,hygrnt, to Cr-,I il._v ilu. right t(I construct. rt-A,onstruct, maintain and use a strof-t or i)t4hway, beret "A." nafter termed ­highwav," uj i i and aoross the real property&�-:oribed on the attached Exhibit The r.,ghts herein granted are exp,essly limited vertirally and shall not extend beyond a plane parallel with and twenty f 20) feet above the roadway surface of the highway as origginally cinstructed, except that lighting- fixtures and similar highway appurtei),M(V", extend above ,aid plane, provided that any such facilities will be removed or rear- rar.ged wit1iin thirty 130) da.v�after notification front Railroad that such farihties interfervvv�th Railroad's intended use Of the space said plane. This ­ tit is sub�ra jt�ct i4nd subordinate to the prior right of Railroad to use all the property described in the of its duty as a common. carrier, and there is reserveA unto Railroad the right to construct,reconstruct, tri:iint;iin, use and remove existing and future,railroad,tx= rt,4tJoyr;,c w 'og 13 szd aD- M 11ft ty 1 urten inces in, upon,over. tinder acroopt�.�JqXtg-_.4 M. ake ar*r� r,,,L,l shail tat be obligated to a per MalF ' " - 4 This grant is subject to all licens WK M; r an�i t oims of title which matt affect s1ni VIN ��, A ,.�;v txlstencetherecf. 1. The rights herein granted shall JapW­'­5k,. G -M M 1.4 it,,t lininenced writhin T two�Mara A-1, T N 5, Tbis grant shall not be, cmisFrUed as convOwqg;,� the insta4ation of any ditches, pipe-, dr graph. telephon6 or electric power lines in, upon, over r�. iintenanceofg;�Jd highway. �4 0 q 6. Grantqo,shall obtain any necessary goverm en, V ffl ;,:hA ay Any tractor performing work on the pioi_ ent prior to commencingany work on 7, ExceA"A 4 in otheliv.se p rovided, Grantee sbaU An *�Wav- 7he missing of said highway M' ' I laint iticd at t",,f4 out-side%Aii D!— said tracks now or hereafter existing NY m, nv has beft1po 1 1, Railroad shall maintain the surface.9f, ni�r, abandol =each track located thereon.Should Railrii4 y ties and appurtenant materials and leavet e ba place. such event,Railroad shall , ls _h rt t be I v,We for 4 ay ofl the portion of said highw . specified above. As part e # Qn herefor. Grantee agrees to pay Railroad an amount equal to all assessni(i *.i levied by I til body MV t of -,,xilroad to dvfre.,�., -in) ;Y)Per y v part f the ex nse incurred in connection with the r, ri i,,n or re(. of said highway commenced wAhin �gu_ Irom the,late first herein written. WO ev 1) §P,I" t kre shou).1 Gr time abandon tho nFe of said property or any 1,2rt thereof,or fail to use the same for se I-Ci!il pun.­st- 'ur a CO Qa or one (1) dear the rights granted shall cease to the extent of the use sri aban 'I n,.1 ,ir discontinue d shall at ant%. havt- the right,in addition to.but not in qualitication of,the rights -s­iw�n of said property or the part thereof if.,- use f which is so dis- i,.-rf,i,a b( �,e reserved sive pogst , o nrMU03orabaridon" ion of the rightti hereby granted, Grantee, agrees to remove said highway, in- firig the paving,fr of Railroad, to restore said property as nearly as practicable tLi the sa mis.Itate "W"Ifition in Fvhicl z,tc,the construction (if said highway, and to bear the expense thereof. Should in �ueh event to so remove. said highway and restore said property, such removal and ,r rut*zai may be perf" at the expense of Grantee,which expense Grantee agrees to pay to Railroad '5 10. Sqh,,uld Hailro d reni ridon in plash all of its facilities at said location and Railmad no longer dVSJV4L-s roatri aittrest in said property, iiee shall be required to purchase Railroad's interest in said property at the thon fair market value. A 11. This indenture shall inure to the benefit of and be binding upon the successors and assiph of the parties hertAo. 16 12, Sections 13 to 17, inclusive, on the Insert Ac-retto attached are hereby made parts of this indenture. IN 1XITI-TESS,WHF_Kth5l` the paz Ues hip to have caused these presimts to be paetu"in d0pliezt&as of the day <ind year first hereir. written. SOUTHER ACIF OATION COUPANT czxlr rw� 5�ttt 1& 4!k44�4 �k $T_u5t, .4 0-4-4 Ae Attest: I'A.