HomeMy WebLinkAboutSOUTHERN PACIFIC TRANSPORTATION COMPANY - 1974-09-03 y3 - 36001D/31221 - 14W4
THIS my c?e this __ day of � , ' "'74, by
andt;:gi n :�i 'c3 II' s i+T R t" I` � 3'It Sam R3'1"_'If?i� Cot�,i�S ' a cC93- on of t
State of Delaware, herein termed "Railroad", and CITY OF IrUNTINCxTOL4' REACH,
a Municipal esrpora.tiori tiof the State at California, P. 0. Box 190,
Eunt' 7.3'IIgton Beach, California 92648, hexei n termed "Grantee4
TWIT,rZ8 III
1.. Puilroad hereby grants to Grantee., sabj ct to the reservc'.47.{'onn,
covenants and conditions herein contained, the right to cot.-trust, re-
construct, maintain and gpera-;e a six (6) itch aewer pipeline, herei.aafte
te=ed '"'s ructure", in, upon, along, across and be -�ath the property and
tracks of Railroad al,- or near Wea-ling, in thr Coun..y of C-range, State of
Caul-ornia, crossing the center lane of said tracks at Fn�! neerls Station
1012+34, MP 3,3PM 521,59, its the location sio n, on the print of 1.z.aal.road°s
Los Amge .es Division Prwoiinq A11636, Sheet 1.1r0. ll, dated July 2, 1974,
attach d and comae a part hereof.
y. Said struc�tu-rt'- h s all bo iiistyall-mod in accordance with min -mim xequi:re--
mn s o,a ,?oxn 07 1741, also attached
. ched ai ma,,1e a part hereof.
41
Tk'
�t
3
V
Form C-1, 5/19/72
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 ur,on request of Railroad
�y without expense to Railroad.
Absence of ,ma::kers does not constitute a warranty by ;Railroad
of no subsurface installations.
Z. 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 per-
formance of its duty as a common carrier, and for that purpose there
is reserved unto Railroad, its successors and assigns, the: right
(consistent with the rights herein granted) to construct, reconstruct,
runintain and use existing and future railroad tracks, facilities and
appurtenances and existing and future transportation, rommunication
and pipeline facilities and appurtenances 'r., upcZ, over, under.,
across and along said property,
3. This grant is made subject to all licenses, leas?s, ease-
ments, restric`:i.ons, conditicris, covenants, encumbrances, liens and
claims of title which may aft"sect said property, and the wort "grant"
as used herein shall not be construed as a covenant against the
existence of any thereof.
4. The rights herein granted to Grantee shall lapsf, and become
void if the construction of said structure upon said property is not
ca.mienced within one (1) year frnm the date first herein written.
5. Grantee shall bear the entire cost and expanse of construct_
yng, reconstructing and maintaining said stru.cttre upon said property.
Grantee agrees that all work upon or in cor-iection 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 give Railroad
five (5) days' written notice prior to lommencement of any work of
construction or reconstruction.
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 a.id
removal of said structurr., including, but not limited to, the
installation 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.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or
make changes in the location tF :cneof upon -receipt of written notice
from Railroad so to do.
5. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be 'levied by order
of any authorised, lawful body against the property of Railroad (and
which may have been paid by Ra,.!road) to defray any part of the cost
or expense incurred in connection with the construction of said
structure,upon said property commenced within one (1) year from the
date first herein written.
--2-
Form C-i, S/19/727
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, ;recon-
structing, maintaining and making necessary repairs to said structure..
Grantee agrees to keep said property and said structure in good and
safe condition, free from waste, so far as affected by Granteets
operations, to the satisfaction of Pailroad. 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
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
S. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad should be let tc a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with the railroad company which
operates on said property, satisfactory to said company and indemni-
fying 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
expense to Railroad, a reliable surety bond in an amount and in a
form satisfactory to said company guaranteeing the faithful perfor-
mance of all the terms, covenants and conditions contained in said
agreement, and a certified copy of a policy of Public ?viability and
Property Damage insurance within limits specified by and in a form
satisfactory to said company, covering the contractual liability
assumed by contractor in said agreement to be entered into with said
company by such contractor.
9 . Grantee shall assume all risk of damage to, said structure
and appurtenances and to any other property of Grantee or any prop-
erty under the control or custody of Grantee while upon or near the
property of Railroad incident to the cozistr,,4ction or maintenance of
said structure caused by or contributed to ih an,, way by the con-
struction, operation, 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 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
cr damage to property and for injuries to or deaths of persons
arising out of the construction, reconstruction, maintenance, pres-
ence, 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 9 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.
10. Should vrantee, its successors or assigns, at any time
abandon the use of said property or any part thereof or fail at -1y
time to use the same for the purpose contemplated herein for a
continuous 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 hereof the use of which is so discontinued
or abandoned.
-3
Ah
Form C-1, 5/19/72
Upon termination of the rights and privileges hereby granted,
Grantee, at its own Cost and expense, agrees to remove said structure
from caid 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 remo-va,1 and restoration may be performer by Railroad, at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
11. 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 the day and year first herein written.
YGtF'i'HEEM PACIFIC
BX
(Title) gr., Contract Dept
Attest
Assistant Secretary
CITY OF GTOa! BRA(
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• s
13I��
C.� 1,
APPROM, As TO FORM;
DOFF P. BONFA
City Attorney
B C:�
�a``�uty'��-Gtornay
-4-
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i
STATE OF CALlFORbl1A )
City anti County of San Francisco
Ott this c�.fat}"1 day of September in the year One Thousand Nine Hundred and Seventy f'Our
before;tie,GENE H,ELLINGER,a Notary Public in and for!he City and County of S,:nFrancuco,State of Califonns,personally appeared
(One Market St.)
: I`. i Rleke and R. W. Humphrey
ram+ ��a known io me to be the First Assistant Mansgerr Cantrset
GENE H. ELLINGER Department and Assistant Seeret8ry
' NOTARY PUBLIC CALIFORNIA rte corporation_ described in and that executed the within instrument,and also known
PRiN IPA1 PLACE OF BUSINESS IN to me to be the person—,a-who executed it on behalf of the carporat,on_therein named
C tTY AND COUNTY OF i andhe�_acknowledyed to me that such corpora tion_,___,executed the same.
1. .. $.0^t F A''r I,,[-
IN WITNESS iWHEREOF,I have hereunto set my hand and affixed my official itaf
nt my office in the City and County of San Francisco,the day and year in this certificate first
abort writlen. /}
Corporation a ,mot f' /1 c�'• 7^"/..
Notary Public in and to. :r.e City 2nd County.of San Francisco,State atifornia.
My Commission Expires Jrdy 1.1, 1975
{
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15
y lofCl3.4 Station s ttv'. itl�AiC t
c. ;ryet;> PIP,. M- SSING OA d SHIft
E.App. CH
S. /012. -f434 rj. P. ��f. 59_X r � r� Dtnowin9 t IG3
Q ate .)u1 y 2, 19 74. �i n St/ILF t 1 f y llfC`�1'kQ.aJ _ _eet No
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.r, - at�an. �. :. and .'S'..ui a5 Per .•..... .. ...�....-�.. ._ ......�......... ... ..... _ _,_.. ....... ........,...,, ...-. .,.�...., s,a...._ .,
t.s 174-!
R �
• j,.-; p i
t C, o m, O .ie To Top Of *Casing 3=o",Yly. � O-
.'s i, Than J f
tn
Substar,,Os and has casirlg, Number
J `ano %.ovation of vev,,r, s LJi `x
y-.
f-
�+
as [ (�
' Uarrier Pi e � _ f _ ,
CCl p u +C 5 .a aRs� - h!°1 -� 1010
CB: 0. - _
i,a. e ,L!r
Cas n.
Y3 ; a Shooth Steel (In )
N
27
47
c:as:ng, usvd-- ', Corrugated Metal (Gage)
c btrter:11.4se carrier pipe}
Carrier,pipe 70 '
pe ,@nng h a
Lasing 3o'
Ite�ntarc:d Conc. A.S T.M. Class
• JI jt,utl.Grl to e1•r
use E , _Pe _s
al
Q
C 4 iCn 0 _
t. W
a•.a Des.r_ption or Track or Tracks —, '
w yes err fl',a�n Nro;.ased pipe is to be pl„(�ed together Eft• PE20P:')SEf� �,�� `
C tr yr y l necess_r, �imcrslons. .-•® • •� �.f'taC PFZ v }' E F.Y�' t t h!r'_
� aP. ur,:��a�c�xaru�a l�Qa�awa ;' j Egan C E 35569 Sept. 17, 1967
"C rV Drawing, No, W,Q,
r
Mairt Track cf" C.S.
A/r`e For t ipP /Ines tarrying or Sidra.j JftB
ltammrsb/e SubstortCes
cee-C S 1742 TABLE"
Sub rude r +-Y~` a, Ditch ��f 6� r111C1rNf,75 OF RlPE CAS.'.NGv
bottom Ol Dflch or FOR J41POOR7-lN4,' TRACK
tt� v a t_
�� q� Existlrty8rowdLine laiAo(e Crxrusrate Smooch
Diameter Iron Pine Steel Pipe
h 3 0 Min if no casng
t'GBrrrer Pre (See Casio Note Nay} Inches US.Sfd. dfm7hic#ness
p ,e casing Pipe,,--sea/ g Gage No Inches
. .,P. g to l0 14 :8
Pipe tine i _ __ 12 14 �irc
Cprner Prpa /9,18 14 1
_._ _„_. ' _ ._ Bui x/less then
P/PE itJ EMB 41YKMENT !See SPnerdl Run;*�'J rG'/PE /N CUT 48 4 60
RX ES 60✓ERV 0 THf INSTACLATJ(JN OF Pia£11NES I'RANSMIFT1h`6 Z Metal easing 'or supporting !rack shall conform to lhlaknesses TABLE 17
01ATER OR OrNSP NON-FtA,N. 484E S119ST4N,-eS WHEN CROSSII16 shown In rash I and shall have %?riots of e(thersrr•,w,welded a•riveted CONCRETE ENGA5'EMENr
WER!RACKS type It ^hat/ he gotvomzed or spa// he dipped m preservolive material FOR P1PE0
and thoroughly cooled inside and outside: Tf preservallke material Cannot N�rmber {
trEI ( be used on inside of rasing, then the cosing shoil he at least one gage
I t^tsnce II frogg i bclan o/fie to top of pipe,cosing yr concrete er>osemeiv sna/t or c'•thicker then dha wise regwred d A LalTyitultrnar'
oaf be!e3s!h27 3`-0"t5ee exc000n m General Alwe 3) � Concrete cosing for supportng Ifoek sha//hove the strength specified Inches Tpr.-.s y`Z'')9ar^s
?Any pipe/,aes erasing any far#do rat'Fquire' a casing provided the currier in current ArSAI Serial Designalion C-76;Class 1V A11,•oints shot!be woler- /0,12 4 4
Ape's cr sulklent s/rcngfh/a aflpperf/pe truck ord has Wa erlrght lamts For sleb light and of an oppioved type of Cans/ruc/rdn. - - -
,p ps ines,easing ltghler Thar specif,ed:n!able I for supporting track moy M 4 fhe inside diameter o!casing spalf De a/ /cost 2 inches greater than the 15 _ /
aced for riWal mn pipes}provided the s a;e between cam ier /e and cash is tar est dulsid4 diameter of carrier i e, "
g F Pp g qq Pp r' 5 _ 13
baC#filled k1p4 grout or serve 5 SvQs at costaq large,,than shown in Tattle I are spacial cases and tfi// 2/24,27 6 8
If :.Airier pipe daes cleat have Adfrc ele strength b ssppart track,casing a be decrued upon their mein s
conrrele encasement must hs•nstallad length of casing measured at rigtt angles & Casnq sha/' be sa costa/led as to prevent farmatran of waterway under 3k 7 Ate'
fo/rack shall extend 00Ch side OfCen/er 11Pe of Iraek fire feel plus the iWhcn/ the railway It shall nave even hearing throughowl.4s length and shall slope
d'stonca from bc/lora of he to hxi of casing sa,Mcoserrenl vat ndl less foil ftx> toward one end --S6 - ---t.y
fait,ex.mpf that where estrp is rtnta'1ed 9rough railroad embankme&4 shall Regardless of the strength of Car ter pipe,rosings must he provided -
exle�d beyond slope of embarkmeat a..,elf iocabors *here pipe crosses under drdrnage d 1rrhes 11 Cover is less r^
3 itihen p'ac4oble,cvsrnffs and rbrrrer pipes may be mstailed by the lacking ar than 3=0" Casing unoar d t h may by separate from,at a continootion A { Sir!`c•''s A
boring .Arefhads If them. methods are used the minimum degh from bottom of casing under track, and mast extend a mmimum of/,-0"beyond/dp � 2°0 C'Av,c �
of fie to top i f pipe or bore n•rsf be Y0 0''or one pipe dameler,whrchewxr shoulders on each silo al/he ditch
is greater hcwcwer, where there is good Cobessie sod the chplh may e When placed it open cut, pipe liras hoimg dramerev of 36'or
be less than ale p+pe drametet, Dud oar lest than Y-0' with less,when bussing tracks other Moil main tracks and Sidings,may
special cerm,ssion, of the Chef I'ngrneer If installra by al-wing he encosed rn concrete as snown in Table .dT
or baring, /he space "and msnq cr carrier pipe must he &W,11ed 9 Where the ends of the casing are Delow ground, they shalt he t•,1 �
with ;rein or sand s,-aled to suitably p:olec' against the entrance of foreig i material ff
4 No pipe Ines snot/he told through or wider bri'dge,= or culverts, which might prevent ready remavol of Ina carrier ,=pe ,1
ivhme there id lketihood ofrestrrc'tny the area required for f e Lghare the ends or Me casing are at or above ground surface �. -•d
pprpost for which the bridges or cwlrerfs were bard, or erdangermy and above high water level, they may be left open, provided diarnNe { i
loundaltons of importonl structures is offordod of swch c manner that leakage will be conduclod
5 it adddtonat frorks are canstructed /a the future,the protechan wear from the roodbei� and structures
shallbr coredspondrnglr extended rf
6:Awt•i d siphons for drumage or Arrigatioo ditches (C S 170,5)
vs:nq steel dip'. with welded or safer*ed faints ar corrugoleo,aan
pipe with ail seams and loiRts alai riuelad and soldered having a
diame16. of 4$inches at- less and Me required strenglh /a sWoort 4.4RRICR PIPE
trout,mar be installed without a cosing, r Corner pipe shall be of an approved type wrlh water-light SOUTHERN PACIFIC LINES
CASWL lornts. COMMON 57ANDARD
` I. Casing may be at either cor rugatvd iron smooth steel or conCrele 2 Corrugeled iron,smooth steel or concrete carrier Ape
!t shall hope sufficient r1evn9.10 to sopport troch,except thol a when used without a casing shall have The some strength PIPE LINES
lrghler casing may he used for installation purposes as psovialed regulred above far casings.
w Cienetol lkle a above 3 Cost iron corrierpipe, used without a casing shell hove FOR NON-FLAMMABLE ;UBSTANCES
Nestable (knocked dawn) type plain galvoaizrd Carrugolad pipe tbrckness rot less than dial specified forC/asa 150 Cost Iron CROSSING UNDER TACK
of gaga corresponding fo requrremeata of Table I may be pir7e
used la protect carrier pipes that are olreodr to place. HO SCALE ADOPTED APR 2D,*53
REVISED JAN 5,r970
+a
STATEMENIT OF THE ACTION O (;I'lY COUNCIL
1'esun ! t e tkawher, Lily 119,11
ittm[ 13iti'.ton tiotich, Cullfurr.in
Tuesday, September 3, 1974
-.---ria. .r.Caen celled the regular meeting of the City
Council (if t?te City of Huntington Reach to order at 7:00 P.M,
('okinc i lmen Present: Sbj ter Bartlett, Gibbs, Hatney, Wieder, Duke, Coen T
Cuinic i lmen Absent :
�;kir*�r*ir�t ir;tt*k*E*�:'�*k k'shk�49rket itkk�E�k4r •drk•kl•�;'rk k k�c�•�c*'�k'k'��.c*�c7k�c^k•:9F���k'�rkir�,'k^k�X�7c:k�c
CONSENT CALENDAR (ITEMS APPROVED)
on motion by Gibbs, the following items were approved as recommended by the following
roll call vote:
AXES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen
NOES: None
ABSENT: None
SEWER AGREEMENT - APPP-,OVED - P.pproved a sewer agreement between the City and Southern
Pacific Transportation Company for construction and maintenance of a sewer main
within railroad property located on Talbert Avenue -- required for development of
land east of the railroad right-of-way, and authorized the Mayor and City Clerk to
Execute same c+n behalf of the City.
*'�sr kY•k*****'l•'k'kic��Y't'kYr�:�r•kir�t•irk*�e�rk�Y k7F:4�rs�-1e3,�r**�t*k'k:�*�;k-k�}7t k;Hk*"k'��t"k*#�t:k�kzti�t-sk**•�'�rt'�i'�t7F�F'�k-ksF*
On motion by Bartlett the regular meeting of the
City Council of the Citj 5f Huntington Beach adjourned at 11i40 P.M.
to Morda _ September il, at 5.30 P-M- in the Council C as er.
The motion was passed by the fallowing vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Ratney, Wieder, Duke, Coen
NOES: Councilmen: _ None
ABSENT: Councilmen: Note
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Reach, California.
Alicia M. Wentworth Tavin M. Coen
City Cleric _ Mayor
STATE OF CALIFURNIA
County of Orange ) ss:
City of Huntington Beach )
I, ALICIA M. WENTWORT1i, the duly eiecr.d .and qualified City Clerk of the
City of Huntington Beach, Galitornia, do hereby certify that the above and foregoing
is a true and corxect Statemen.tof Action of the City Council of said City at their
regular meeting held on the 3rd - day of$2gtember 1974
W17 4-S my hand and seal of :the said City of Huntington Beach this the 5th day
of _.aptember 19 74
A.liQia M. Wentworth
City Clerk a-qd Kxxol;f cio Clerk
of the City 4counw i l of the City
of ttntlngton BVmch' alifo".4a
N
BY
Deputy
Y
w
City of HuntingtonBeach
P.O. UOX ISO CALIFORNIA 92646
ENGINEERING DEPAIt` fENT �
August 16, 1974 {'
Honorable Mayor
and City Council
City° of Huntington Beach a
Attention: David C. Rowlands
City Administrator
Subject: Sewer Agreement with So.
Pacific Transportation Co.
Gentlemen::
Transmitted herewith is a proposed agreement be-
tween the City of Huntington Beach and the Southern
Pacific Transportation Company relative to the con-
structlon and maintenance of a sewer main, within, the
railroad 's property, located on Talbert Avenue.
The sewer main is required for the development
of land yeast of the railroad right-of-way.
It is recommended that the City Council approve
the agreement and authorize the Mayor and City Clerk
'to execute the document and return to t-is Gaffice for
transmittal .
Very trily jo4rs,
R. Ha rw' qe
Director of Public Works
HEH:WAP:jy
En.,
r
1 r
. n
Auk
wMau-thern c*Ific
Transportation Company
IN REPLY PLEASE REFER TO
610 sOUTH MAIN STREET,LOS ANGELES.CALIFORNIA 90014
R G THRUSTON Phone (213) 624-6161 Ext. 22694 932429/314-4
SUPERINTENDENT .y
A G. BAYS October (ry
, 1974
I ASSISTANT SUPERINTENDENT
J O. MARTIN
ASSISTANT SUPERIN PENDENT
T J MCOONALD
ASSISTANT SUPI'RINTENOENT
R WIDMANN
DIYIS'ON ENGINEER
"Fr. H. E. Hartge
Director of Public Works
City of Huntington Beach
P. 0. Box 190
Huntington Beach, Calif. 92648
Dear Sir:
Attached for filing in your records is fully executed
counterpart of indenture dated September 5, 1974 for installation.
of a 6-inch sewer pipeling under our tracks at Talbert Avenue,
M.P. BAA-521.59 on Railro'9d's Stanton branch.
If this document is placed of record we would appreciate
receiving the recording data for our files.
When this project has gone to contract please advise name,
address, and telephone number of the contractor as provided in
Section 8 of the attached agreement.
Very truly yours,
R. G. THRUSTON
Superintendent
F. McAllister
Asst. Division Engineer
` Attach.
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