HomeMy WebLinkAboutSOUTHERN PACIFIC TRANSPORTATION COMPANY - 1976-05-03 (3) a
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N 10 -911PC1328
Mile Post BAA--522.11-X-N ,--
THIS AGRi:L"tziLv"'. made this 2.(tr Fday of f , 1976, by ;
:end between SOUTU'r,'X PACIFIC TRAM TT_GRTATION COMPANY, a corporation,
herein termed "Rai*road", and CITE OF rILT?INGTON D ACk, a municipal
corporation of t -e State of California, Post Office Box 190, Huntington
Beach, California 92648, herein termed "City"; .;
RECITALS:
City proposes to construct a grade separation
at Ellis Avenue, Crossing No. BAA-522.11, at or near
Huntington Beach, in the County of Orange, State of
t
California. at the locatio-u and -in the manner si,own
on Ile prinl of Railroad's Los Angeles IiGisior Draw-
ing A-119 8 dated February 27, 1975, attached and made
a part hereof.
By separate indencuse, Railroad wi` grant t,)
City the right to construct, reconstruct, maintain and
use a highway by means of an underpass, bereinafter re-
'"erred to as "structure", upon certain property of Rail-
road at said Huntington Beach, California.
The parties now desire to set ,forth herein their
understandings anti agreements relating to 'the construction
ar d main*"": canoe of said structure, and the changes made
necessary* in bonnet:.ion therewith.
AGRI;EUM:
1. Ex,:Mpt az Herein otherwise provided, City shall furnish or cause
to be furnished oil labor, materials, tools and equipment for the con-
struction of said structure. Said structure shall be constructed in a
Tanner to accommodate Railroad's tracks and in accordance with plans ,an,.
specifications Svhicb shall be .subject to the approval of Railroad.
The pork to be performed by tit, includes construct on of four (A)
spans of cast-in-place reinforced concrete box girders totaling 131 feet
in length, resting on concrete piers and at,atmen•ts on a pile foun0ation_.
City shall veinburse Railroad for all cost and expense incurred by
Railroad in connectiGn ttith the construction of said structure, including,
but not limited to, the items listed on Exhibit "A", attaci_ed and made
a part be`eof. Work to be perfnrned by Railroad shall include:, but not
be limited to, removal and latex restoration of appxoximntaly 19u feet
of branch track at the bridge: construction site and furnishing of
engineering inspection as required. The estimated awount of the cost
and expense to be incurred by Railrond in connection with the ,construc-
.
tion of said structure is summarized 4.11 said Exlibit "A`
All itorX io be perforned by Railroad }ez—under :shall be done only
by itM tmployee ,- wo Zing under railroad labor agreem bits cn fc;•ce-ac��c��z�zt
basis or by contracf. Anil.road sl:ali all. -,ctntementz of cost to C1 t_w
for payment of :pork performed by Railroad in accordance with the Inter-
state Commerce Commission's Si stem of Accounts :for Railroads and on tbe
basis of the items set: forth in said Exhibit "A". The final statement
of costs shall cower the actual: cost of items of work performed by Rail--
r-)ad. .
2. City shall bear liability for anal all costs involved in oz ,° a
associated with th3 rerouting of trains and/or transfer of freight to � t
reaeb its destination, caused by or brought about by the temporary sus-
pe.,ion of service due 'to the r doval of tracks during the construction
period.
3. All work contempl, tied in this agreem mt. shall be performed in
a good and workmanlike manner to the satisfaction of the pax ties, and
each portion shall be promptly commenced by the party obligated to do
the same and thereafter diligently prosecuted to completion in its
log cal, order and sequence.
The booms, papers, records ai,d accounts of tt_e parties, so fa': as
they relate to the items of expense for labor and materials or are: in
any wa,- connected with the :pork herein contemplatci1, shall at all reason-
able times be opera to inspection and audit by the age is and aathorized «7
rep esentatives of the parties.
4. In the event any of the worm contemplated herein, upon the
property of Railroad, is advertised for bids by City, the awarded con-
tract shall incliudN the provis;ons set forth in Exbioi;t "b", attached
and itade a part hereof. The contractor shall not commence work until --
(a) City has furnished to Railroad's Chief Engineer a
copy of said contract, executed by contractor, nd
a public liability and proper'y damage pol3,cy r:on-
mining endorserdeot in substantially the same :form
incorporated in said Exhibit "B"; and
(b) Railroad' Chief Engineer h2s advised Citw by letter
tbzt the limits, form and wording of said ins"rsvµ.e
policy are satisfactory to Railroad.
Said public liability and property damage in�,uvance policy or
policies shall be kept in full farce and effect by ;'i-ty's contractor
during the perfor, nee of said work upon and adjacent to Railroad's
property, and tht, after until contractor removes all tools, equip-
ment and material from Railroad's property and cleans up the premises
n'
to a presentable condition satisfactory to Railroad.
-2
x _
a
City and its contractor shall give reasonable notice to Railroad's
Divisil:)n Superintenaci nt before comr ej,cing any tiork in connection with
said structure upon or ad, .,cent to hail.roa4 flsob.-
serve
� property: and shall
Railroad's rules and regiil.atiuns with respect thereto. All work
upon said structure shall be done at such times and in such manner as
not to •+nterfere with or endanger the operations of Railroad. �..
5, Lpon completion of the construction of said structure, City
sball at its own ex ense, maintain that part of said structure below
the bridge seats, including pavement, highway drainage, lights and all
hig1may facilities, Railroad, at its expense, sball maintain the part
of said structure above the bridge seats, including the underpass deck,
tracks, railroad drainage and all railroad facilities.
6. This agreement shall inure °o the benefit of ani be binding
upon the successors and assigns of Railroad and the assigns of City,
IN WITNESS FJHEREOF, the parties herein have caused tt-Ee present, �
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION
Cr ,u'ANY,
13y
CITY OY 1IUNTI3vGTO;t BEACH
By
t rr
Mayor
By
lerlk--
STATE OF Mr,1Fo 1A ) as, 181 I M 33
ooligry OF OktrCy;G/jEy'
on this i"', — day of � I9�� before me,
�Uptary Public in ,and fp said Goren and State, personally appeared
knowit to we to be the Mayor and
knovm to me to be the City M» irk of tlxe Ci.tY
of 'Huntington each, the rguniciT al torporatior that ex,etutod the vitbin
jj,,strment, tstx to to be the persons who executed the within in-
strumat on, behalf of sa:i4 municipal corporation and acknowledged to
me that such municipal corporation executed the s e
s ra av ;"t�rnac o4+aa4.+ ,o
Al t 'POYA 4
l
'r.
1 1332
r
F APPROVED AS TO FORM:
acy A arney
APPROVED AS TO CDT" `?'s
City Administrator
APPROVED BY TNMATING DEI=AF2TMENZ
Dzrec or o ublic Works
APPROVED AS TO FUNDS:
Finance Dir�e tor221
i
4
a MITINITON --ACH, CALIFORNIA
PROPOSED ELLIS AVF!,TJE UNDERPASS NO. 8AA-522.11
3,ormory of Estimated Railroad Costs
A. Preliminary Engineering $ 1,300
B. Track '. ork 2,340
C. <n`•.neerinS Inspector and Expenses 11,450
D. E;1 inment Renta 7 200
E. Frei 2ti.t Charges on Material 30
F. Vacation Al?o-rance 876
C. 1oliday Fay 435
TI. M-Pith awl '''elfare 833
1. RR He-t i re;nrni: Unemployment To;c 2,270
J. RP, PT, & ',C Insurance 483
K. 31 pervision 1,208
L. Contingenci:p; 211.40
Total Estimated Cost. $ 2.3,565
t
DR City of ll ntin8tor, Beach 23,565 w
t
Exhibit
a
i
Y` ,
R
g�
IT
lam'J
WIEBLING
ti .
ropbsed ELLI S Ave,
Underpass `
q ? >v
W h
r-x-
0 Center ofGn
-..
F. +q
/ ) LIS
x
l h
_ !Aa
LEG of ON
. Jr psj v t� -t q b n E.S 0 cio 3autn Kaai s{.eer,co�n�ea ,.` .
ca.Se.t? Earl em enC Area /f,700rr �k
W 11E3L1 NG
E*armant to city o Hantinylo
KaPrdgQ. 9ttu:'. Urt. Beach For ELL 15 Ave bl4derpas
.,,,�—�.....-y-.0 �.,,y�.1,. ,�'�,�.+:f�1�i'�. ���a�/ c.�9{�'�'L✓f`G�, t t+.�C-t2 -'� ��. �.� ttWlxE NA3 A
�^ ry
1 3IT tt$tt
RELATIONS WITH RAILROAD CQPrF NY
Ala) General The term "Railroad"shall, be understood to mean the
k ,
The term "Politi.cal. Subd; i sio,i"' shall be understood to mean
tt .a i-tv, of U� BOULch. J n
it is Pxpected that Railroad will: cooperate with the Contractor to thb end
that the work may be handled in an efficient manner, but the Contrartor _*hall
have no oiaim for damages or extra compensation; in the event his wore: is hold
up by the work by Railroad forces. x
a
Railroad Re uir6ments -- The Contractor steal: tooperAte with Railroad
Zere work s over or urder the 'tracks, or within t` s Limits of railroad pre,
perty, in order to expewl.tc the work and to avoid. interference with the oper-
ation of rail-oad equ.;ipxrt4nt.
The Contractor shall c-mpl.y with the rules and regulations of Railroad
nr the instructions of I',,s representatives in relation to the proper manner
of protecting the tra n s and property of nailroad and the traf is moving on
such tracks, as well as the -fires, signals, and other property of Railroad,
Its tenants or lice nsees, ai: id It, the vicinity, of the work during; thw period
of ao^"structL: 11.
The Contractor sncl.l perform his work in such ;manner and at such times as
shall not endanger or interfere with the safe operation of t'hs tracKs and pro-
perty of Hai 7rsad and the traffic moving on such tracks, as Tiell as wires, sig-
nals and other property of Railre ad, its tenants or l.ieensaes, at or in the vi-
cinity of the work.
Except as o,",,�rwt.se provided herb.,, the Conyractora a operations shall n<=t
infringe on the following minimum olearances from any railroad track;
101 ,, Ctt horizontally from cent,t-r lime, of track.
0ve3rtical:ly above trap of rell,.
.Any 1nfr1.r,,-e: ent on the above clearances due to the Contractor's oper-
ations shall be su�)mitted to the Railroad aid to the Engineer, and shall not
be undertaken until approved by the Railroad, and until, the Engineer has ob-
tained any nxecessar. authorization from any governmental body or bodies t.aving
Jurisdiction thereovor. No etra compensation will be allowed in the event the
Contractor's worl- i4 drlp%ed l ersdi ag Railroad approval and governmental authori-
zation.
In the case of lirpalrad vertical clearance above top of nail, Railroad shall:
have thv, option of S-natailing tell=-tal.so or other protective dev1U.', '.s Railroad
deo s noceassry for protection of Ru41road; tra .rLn or rail traffic,,,
0
l��l�bl -lam
mA3
140q4e details of construction affecting the Railroad tracks and property
not Included in the contract plans shall to submitted to the P.ailroe.d for *.
approval before such work is undertaken.
Except in connection with construction of grade separation structures on *.
Premises of Railroad, no private crossings at grade over tracks of Railroad
.for the purpose of hsu ing earth, rock, paving or other materials will be
h pe`rmit-ted< If the Contractor, for the purpose of constructing highr:ay-railway
grade separation s-ructu.res, including construction ramps thereto, desires to
;-move his equipment or materials across Railroad's tracks„ he shall obtain
;permission from Railroad; and, should it be required, the Contractor shall
execute a private cross,>g agreement.. The crossing installation for the use
of the Contractor, together .n_t:h any protective devices, if requiredg shall
be at the expense of e f sh h°try., Contractor. Contractor ur:.i��. �.s o:,m
employees as flagr-en to control maozenents of vehicles on they private roadway
and shall tare all measures necessary to prevent the use of such roadway by
unauthorized persons and vehicles.
In advance of any blasting, th6 Contractor shall notify Railroad in order
that proper f'laSFing protection; may be provided.
The Contractor shall, upon c,a pletion of the work covered by this con-
to be performed by C^ntractrr upon the promises or over on beneath the
tracks of Railroad, promptly •move fron the prc.-:n ses of Railroad all of Con-
.tractor's tools, ir=le tints an--' other materials, ;:mother brought upon said
premisos by said Contractor or s�ny subcontractor, er: sloyee or agent of Con-
`tractor or of any subcontractor, and cause said premises to be left in a
clean and presentable condition,
c) Protection of Railroad Fecilit;es -- In connection with work performed
at r'ailroaa crossings, railroaa representatives, con uctors, flagmen or watch-
men, will be provided by Railroad to protect its facili Lit+s, propert: and
movements of its trains, or engines, when in the opinion of Railroad's iepre
sontative same is necessary d,:e to the Contractors operations While wcNrki Z
on or adjacent to the Railroad's property or its traok.s.
The cost of all personnel doened necessary by Railroad and provided by
Railroad for the protec i.on of Railroad facilities and trains du"ng the per-
iod of constructing the separation, and the cost of installing protective
devices in the ease of ;;.:npaired clearance, as above spacifled, shall be Lr)rne
by the Contractor and sues suff?ci ant to cover the cl.aans baw ed upon bills
tendered to the political subaivision by Railroaad for s zch costs xil.! �.9
deduc .od from the progress and final pay estinates due the Grntracto".
The rates of pay of Ra-11road employees cus.tona.il,. calif_-? v.pon to act for
the protection of Railroad are the railroad rates in of feet at the time of the
work for the various classes of Labor. Compensation, property da-.age and --ub-
lic liability insurance, vacation and holiday time, railroad ret<irerlent and
unemployment taxes, health and welfare, and supervision charges shall be added
to the, above rates.
Railroad will, upon request, furnish prospective bidders with an estimate
of cost: of the Slagging protection which will be required; but sw.ch esti .ato
shall be understood to be approximate on!,7 and no guaranty is made that the
total cost of such flagging will not be in excess of the estirsa ;ed amount..
The datemi.nation of the cost ►f flagging and protective devices to be used
as a baslo for tha submitting of bids shall be the responsibility of the pro-
spective bi,dd.ers.
1d) pork br Railroad Comran-i _ Railroad will rearrNige its telephone, tele-
grs.pa and 2i nal 1 nea and ppurtonancos, and will make all track changes and
will per.orm any other worm In connection therewith.
7-27 -65
Non FA -2- -,
mom
4
1:
TM
3
The work by Railroad will be crane by its own farces and is not a part of
the work under this contract
Additional Work by Railroad CompanV, `if any)
a�.
t
"f
t
to ARreG ent ., Before doing an- work on Railroad's property, the Cc-ntrac,tor
shal execute an4�.gzaement with Railroad in the farm of agreement annexed Yaereto.
Ivou M -� «
r.
Pr.
w
$ 8 1324
PSSOL TION NO. 4232
'ESOLUTION OF TI CITY COUNCIL OF THE CITY ¢
02�' Ht3P#°I'ZtdtsTON 6EACH ACCEPTING GRANT OF EASE- �
NT AND AUTHORrZING EXZCUTION OF AGREEMNT
TO CONSTRUCT GfL!TnS SEPARATION, A».cM DIRECTING Fes'
CITY ;LERK TO FILE SAME
r
WHEREAS, the Southern Pacific Tra:nsportat:is n Company, a r'
Dela�oa.re torporation, and the City of Huntington Eeaeh mutually
desire to enter Into are a.gr"mont whereby the city will take
from the Southern Pacif{e Transp+.-tation Company an easement
over paid company's railroad right-of--gray where s*aeh rIght-af- k
way nuw intersects with a certain street called Ellis Avenue
within the boundaries of the city; and
Pur,.uant to ,,ucn agreement and at .Its cost, the alty will
e n-trunt, maj.ntain and use a grade separati-,in at such ;Inter-»
,.r f,t-1.cin,
Un , 7 EREPCRE, BE IT RESOLVED by the City Council of the
01ty of Huntington Beach that:
City Clerk and Mayor are hereby authorized to
4,xo of� ,gin behalf of +,-Ity the agreement attached hereto as
^;xh1t,11, "A,"
; yin "tC tAY v authorized to accept Y3�; of.
rrn bclj a. f r;f city in the form attached hereto as
R.' >I « "W1 and :auoe same to be rec irded.
i, The Clty Clerk is hereby directed to forward certified
h ? y .-f ttfv " "Y`E?'ls3F?n.t s i�'3�bt �� eaxreme�nt &n �.�l�� T'6:�a�titio
tr$ a°F=i; P.ac-Ific Tranaportatior, Company.
,.A S,",Sfl A.W A,"COFTED by the City Council of the City ce
µIantinx t€n beach at a rega p.a:r meeting thereof held on the
3rd day of 1976.
Mayan
i .
Y
1
'E
ATTEST APPRO'V7 D AS TO DORM'
CS
T'
r
.• '� o
city Cler ,r
APFRdVED AS TO CONTENT:
APPROVED, INITI INN DEPARTMENT:
City A ministrator
f u t iSCAL IMPACT
FISCAL IMPACT BIJDGETF.f!
DEPORT- -
r
J'
PEN
2
` Rea♦.. 1 s 4232
or cALWOR-NIA
tart OF nwrlICT(M BaCH
00
i:r ALICua m. WIMOM, the mealy oS.ected. qualifLed City
Clerk of the City of Huntington Iwecht and ear-officto Clark of the
City Counti:l of t aid City, do t*reby cortif'y that the uhole n ex of
wbcrs of the City Council of the City of Htmt ngton ibe--h is seven
that the foregoing reeolution v*s p*ssad and adopted by the Wirawtive
vote of wret thAn a► majority of all the Viers of stid City COU24ti
R
at a regular satti.nq thereof :held on the 3
of Mav 1976 � r by the follvs a$ vote:
Y
AYES: councilmen,
Bartlett Pattfnson Coen, Gi,'ubs, Siebart, ShenkpAn, Vieder
NOES: Count i 1 n;
Nono
ABSEff1; Councilmen,
lr�anc
City Ckterl, and .-officio Cle'"d
of the City Couatil of the C ty
of Ftuatin$ton Best h, Ctlifornis
IMiRg ftM0,J)t i�a OMW ZOPY
Oak 84410 EX-CMIIIA40 VRA Dk the city
Deputy
r
Supplemettal to
ti sad Audit No* $7578 RZL S; BA-A--522.l l X(N)
THXS SUPP "M .AGREEM-W, made this�t day Of
1979, by and between 5OUTH'= PACIFIC TRAXW RTATION COMPANY, a Delavtare ,
corporati,ou, herein termed "Ruii.road," and CITY OF IMWINGTON BXACH,
a muci.cipal corporation of the State of California, P. 0. sox 190, �
Huntington Beach, California 92648, herein termed "Grantee," f
RECITALS,
By indenture dated 11fay 26, IV76, Railroad granted
to Grantee the right to construct, reconstruct, main-
tain and use a street or bighraay by oeanz of an under-
pass (Vll.is Avenue) , hereinafter termed "hieAway,le
over a:xao across yertait property of Railroad in the
County of Orange, Stater of California:, as more parti-
cularly described in said indenture.
It is 4ac red by this instrumQvt to extend the
ti,rae in vibioh the Orsantes is to comnonce eonstxuctiou
t�p'y said bighvny,,
fi2Gt# i.itA3 k
NOW, TRMLTORD, it is mutual. weed as follows.
1. Section 4 of said indenturo is hereby azended to read as
�ol� $
f,4. The rights herein STanted to CraDtee shall lapse
and become void if the construction or reconstruction of
sAid highway upon said property is not commenced on or
before Ray 26, 100 .11
Section 8 of said indenture is bereby amended to read as
%VS. Grantee agrees to reivburse Railroad Tor any and
all assessments whiob may sae levied by order of any autbo-
vi ed lawful body against the property of Railroad (and
" wbi ch may hAve boon, Paid by Railroad) to defray any part
of the 00st or c p+e e i aurr2d in counecti on with the
co truotion or v000tatruction of said highway upon said
property con one d on or boftre the 26tb day of tgaay, 1980.11
timillFl
.„emu
I
.mod p y„
a
STATE OF CALIFORNIk
City and County of San Francisco )
On this (S21� day of the year .s
One Thousand 'vine Hun reu and Seventy-nine, efore me, }
CHRISTOPHER M. LUNDIN (One :Market Plaza) , a :votary Public in and t {
for the City and County of San Francisco, State of California,
personally appeared W. J. iionold, known to me to be the Assistant i
Manager, Cont=act Department, of the corporation
described in and that Executed the within instrument, ai)d also
known to rie to be the person who executed it on behalf of the
corporation therein named and lie acknowledge.l
to me that such corporation execute,; the sai*ae.
IN WITNESS i til�tiaC�F, I hat e
E. hereunto set my hand and
affixed my official seal at my
office in the City and County
Y-Ck,ft Sio HER �d. L�1t,D(N ^A of San Francisco, the day and
t Of,ikY NIJELIC-CAL40,�WA year in this certificate first
s F T P�lt{;W RACE Of BUSINM IN � above written.
e i CITY AND COUNTY OF
1 SAN FRANCISCO
i my f mr isson Expxes Apra 8,1983
Rotary Public a'ti and..-�ior t. e
City and County of San Yrancisco,
State of California.
4
F
d 4,x
3, Except as herein, otbervisc provided, all of the terms,
covenants and conditions contained in said inde,titur,e shall he
and remain in lull force and effect.
114 WITI3ESS TaMBO ', the parties hereto have caused these pre- %-
r.
stints to be executed in duplicate as of the day and year first f
herein vri.ttena �
S0UTEMN PACIFIC TRA3dVORTATION .
' Comr,Al-rf
a
--7Ti
-Miy
AI,1c1A IM. 04�'d1i'4O TH _
AS
ED
AxL IJUJI014
ity Ptternep
City Ox'IIB$
MATE oz CALIFORN3:A
COtStv'�.'X OF ORANGE � Ss
f'On this day F f , c before me,
_ .�-�-.�� r r
a Notary ?public in ana for g .d Counny a�� xd State, t�zsanally appeared
?�. a-- rya,'r .� _r known to me to be the Mayor
and ���h��c r"4o,ac.fr,+ s�+ r known to r.:e to be the City Clerk
of the City of Huntington beach, the municipal corporation/that executed
the within instrumient, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to m that such s twicipal corporation execvted the same.
FA
RESOLUTION NO- 4753
A RESOLUTXON OF THE CITY COUNCIL OF THE CITY r:
OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND
5 " CITY CLERK TO EXECUTE SUPPLEMENTAL AGREEMENT > �"
WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY
TO EXTENTS TIDE FOR CONSTRUCTION OF GRADE
SEPARATION
F WHEREAS, in 1976 Southern Pacific Transportation Company
granted, and city accepted an easement over said company's
railroad right--of-way at its tmersection with Ell-lo Avenue; and
City agreed to construct, maintain and us-4 a grade separa-
tion at such intersection; and
It is the desire of the par°ties to said agreenent to ex-
tend the time in which. o ',y is to perform,
NOW, THEREFC-RE, BE '.T RESOLV'P-D by the City ouneii the
City of Huntington Beach that:
behalf
r'np{.,�N}ayo.r and C(ittyy Clerk are Y2y pw to}utho}{r.i�.j:+,��,yd,�y sty oy,hereto
behalf of ! .l L.y the rsu p.l t ex.t-al agreement F iatL'i6ilASi�d hereto as
Exhibit A and by this reference miride :a part hereof as though
set out fully herein.
2. The City Clerk is hereby directed to forward certified
copies of the supplemental agreement and this resolution to the
Southern Pacifie Transportation Company.
PASSED AND ADOPTED by the ":ity Council of the City of
Huntington Beach at a regular meeting thereof held on the list
day of � 197 -
Mayor
ATTEST: APPROVED AS TO FORM
Alicia a M. Wentworth r
City Clerk
tz:Pwy City Clark Xtrtorne
On
y
s
K
S
{
fx.
{ REVIEWED AND APPROVED:-. INITIATED AND APPROVED: ,
t
Di Administrator r. D ii ar ub is Wye* s -J
.
A
3
w�
2.
E
{
Res. ,jo. 4753 Y
BATS OF CALIFORNIA,
COUM OF f1RAME
CM OF RMMION BEAM
r
I, ALICT.A M. Wp.t+aVORTH, 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 more than a majori y of all the hers of said City Council
at a regular ___meeting thereof 'held on the 21st � day
of FAY , 1' n , by the following 'rotes
AYES: Councilman:
Pgttinson shomas mpnclic MacAllister Ba�,.Iey, Yodert i•inle �.
NOES. Councilmen-
None
ABSENT; Councilmero
None
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, Calif'or-aia
T*uty f
FI
I
k'
REQUEsr FOR, CITE' -1COU IL ACTION c
Submitted b Michael �ambory Public Works �'
y _ Department --
Date Prepared _ May_9, ,4f 1`� Backup Material Attached (x] Yes E] No
Subject Construction of Ellis Avenue from Gothard Street to a Point East of
the Southern. Pacific Railroad; CC-250 AHFP 688 `
n
City Administrator's Comments
t'C"iwtiti T:l? 13Y CITY COUNGU�
Approve as recazmnezded. .
Statement of Issue, Recommendation,Analysis,Funding Source,Alternative Actions, j
.Statement of Issue
The existing Agreement and Easement Indenture between. the City and the
Southern Pacific Transportation Company (S.P.T.C.) for the subjecc project
has expired, therefore, the attached Supplemental Agreement is necessary to
extend the expiration elates of the existing documents.
Recommendation
Execute the Supplemental Agreement, adopt the attached resolution authorizing
the execution and acceptance of the supplemental Agreement and instruct the
City Clerk to transmit a certified copy of the resolution to the S.P.T.C.
Analysis
On May 3, 1976, the City Council adopted Rey, son 4232 authorizing the
execution of an agreement and an Easement re with the S.P.T.C. The
Easement Indenture provides for the grant:. -treet right of way on
Ellis Avenue for the cristruction of a rai idge and the Agreement
requires the City to construct the bridge u S P.T.C. tor the railroad
track removal and repl')cement to accommodatL i..ae bridge. This work is
estimated to cost $28. 365 and is eligible for payment from County and city
Gas Tax funds_ As these documents have now expired, execution of the '
Supplemental Agreement is necessary to extend the expiration date to May
26, 1980. The City Council authorized the call for bids for the Ellis
Avenue Improvements on April 16, 1979, and the bidding process is; presently
underway with construction scheduled to start in July, 1979.
Fundinq Source
6rang Cou.a,.y AiiFP Funds $329,000
City Gas Tax Funds 374,000
City Water. Funds 27,000
M2:WAP me j.�
.�...
Southern ca4a.c
Transportation Company
IN REPLY RL[F6[R[r!p TO 'y
610 SOUTH MAIN STREET,LDS ANGELES,CALIFORNIA 90014 Gmm-88525
J.C.STRONG GTA-H$-71-237
wx[A[NG{N 6[R C.A {HGWSH
.SFlSYANT Alt[1[N6tNC[N LN.-;`
O.J.SKAFF
/11/1LTANT ARQA CN41N[riK July 5 1979
Ms. Alicia 14. Wentworth
city clergy
City of Huntington Beach
P. 0. Box 190 a
Huntington Beach, cA ge-648
`f
Dear Ys. 'Wentworth:
As requested in the attached copy of your Letter bated
May 22, 1979, herdwith for filing in your records is fully executed
daoli.cate counterpart of Supplemental Agreement dated May 21 1979,
extending the terms of the easement Agreement to Xay 26, 1980, in
eorinectior. with construction of the Ellis Avenue Underpass Project.
YMWs truly,
J. C. STRONG
Area B�ngineer
By:
R. A. »T »
Asst. seer
Attach.
uFM.v ,o ZY
i t of Huntington Beach
p,Q. E30X 190 CALIFORNIA 92648
C)FFICF OF 111% CITY CLERK
v
i
;k
y,
May 22, 1979
cutfern Pacific Transportation Cor,ipany
610 South •`!.ain Street
Los Angeles, CA 90014
The City Counci of the City of Huntington Beach at its re ular reeting
held Mo d4j, %lay 22, 1979 adopter! Re.:of ut ion lid. 4753 authorizing approval
of t`:e execution of the Supplemental Agreement between the City anu your
cor ,oratior.
Enclosed please find two certified copies of Resolution ido. r753 anti two
executed cories of t;im Suppler,:ertal Agreer,,ent.
Please execate the Supplemental Agree.-.tent and raturn one copy to this
office for reccrdation we will send you the recording information.
If 1 nay be of furtner help to you in this natter, please do not hesitate to
call
Sincerely,
Alicia 14, Wentworth
City Clerk
AIN:es
Enclosures
f
Southern Pacifirc
Transportation Company
IN REPLY PLEASE REFER TO
5,'0
SOUTH h`,AIN STREET.LOSANGEELEES.CALIFORNIA 90014
R.GTHRUSTON Phone (213) 624-6161 Ext. 22694 OTO-88
520
A PERINTENDENT `µ•^
A.. .. tsAl. July 9, 1976 C-L&-HB-71-237
ASSISTANT SUPERINTENDENT ''
J O.MARTIN
} ASSISTANT SUPERINTENDENT .,
T.J MEDONALD r,_,
ASSISTANT SUPERINTENCENT
q
R WIDMANN
DIVISIDk ENGINEER {{
'S. ��
S Mr. H. Hamot.ge
Director of Public Works
City�1 of Huntington Beach
k P. 0. Box 190
Huntington Beach, CA 92648 c-i!JNTINZ�-s,N 0a-I CH- CALIF,
4
Subject: Ellis Avenue Improvements, CC-250
Dear Mr. Hartge,.
This has reference to your letter of May 11 transmitting
agreements executed on behalf of the City in regard to the .aubjeat
improvement.
Attached for your file is fully executed duplicate counterpart
of Agreerent dated May 26, 1976, covering the constmt ction and main-
tenance features relative to the underpass structure.
Also attached for your file is fully executed original counter-
part of Indenture dated May 26, 1976, covering meant of easement to
the City for construction of the underpass. Wien to bring to your
attention that the signatures of the City officitas executing this
agreement have not been acPmowledged as requested in our let*,r to you
of February 13, Afterward, please have this itstrument placed of record
furnishing us the recording data for our records.
Please advise when you anticipate construction will commence on
this project.
Yours very truly,
R. WID ANN
Division Engineer ,r
� � 4is
By J, F. Mcll7.lister
Asst. Division Engineer
ti
. City of Huntington Beach �#
e P.O. BOX 190 CALIFORNIA 92648
t.,
ENGINEERING DEPARTM-E NT
April 23, 1976
�. Honorable Mayor x?
and City Council ,
City of Huntington Beach
Attention; David D. Rowlands
City Administrator
Subject: Resolution, Agreement and Indenture
Between City of Huntington Teach and
Southern Pacific Transportation Company
for Ellis Avenue for Street Right of Way
Dear Council Members:
Transmitted herewith is an agreement between city of
Huntington Beach and Southern Pacific Transportation Company
.for the grantiiAg of street right of way on Ellis Avenue for
the construction of a railroad, bridge and the extension of
Ellis Avenue westerly to Gothard Street This right of way
is required for the construction of street improvements wider
A14PP No. 688 (CC-250) with County assistance.
The teams of the agreement will require the City to pey
for railroad track removal and replacement to accomrnoda'v the
bridge. This work is estimated to cost $23,565 and is eligible
for payment from County and City Gas Tax.
It is recommended that the City Council approve these
documents and return to this office for further processing.
Very truly yours,
� e r�
Director of Public works
E.EH:WEH;ae
Trans.
t
Transportation ortation omppany
1N REPLY 1PL KASK PEi6R TO
610 SOUTH MAIN STREET.LOS A'NGELEq.CALIFORNIA 90C14
R u TkFtt7STt3N Phone A 4UP£PiNYCNOENT (21 3) 624-6161
Ext. 22694 92933/323
a 8AVS :ebruary 13, 1976 l -LA-HB-71-2 37 ASS35TANT 6V .AlNTENAEIVT �,. •y_
J. U. MARTIN
ASSISTANT SLIP ERiNTCHOENT t,
T J MCODNALO
A5SISTAHT S+JP6kIHYEK4ENY
Division ENatN&i4EL" A:^
A
,rD H. E. Hartge
Director of Public Works
City of Huntington Beach
P. o. Box I90
Huntington Beach, CA 92648
Dear Kr. Harty e
SUBJECT: Ellis Avenue Improvements, CC-250
Attached are duplicate counterparts of proposed Agreements
covering grant of easement to the City for construction of the
Underpass, and the other covers the construction-maintenance features
relative to the underpass structure.
Please review and, if satisfactory, arrange to have both agree-
ments executed in duplicate on behalf of City of Hunt ..agton Beach„
Signatures of the officials executing the instruments on behalf of
City should be acknowledged
A certified copy of a ResoliAtion passed by the governing body,
authorizing execution and acceptance of the instruments should be
attached to each counterpart.
After execution on behalf of City, please return all counter-
parts for similar attention on behalf of Railroad, aft-:r which a fully
executed counterpart of each agreement will be returned for your file.
Yours very truly,
R. ,IIS 1-W\11I
Division Engineer
By
Jx NcAllister
Asst. Division Engineer
Bncl
.;
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