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HomeMy WebLinkAboutCC Res 2151 1972-11-13 I I I . '. RESOLUTION NUMBER Ol? /S/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACCEPTING AN EASEMENT FROM SOUTHERN PACIFIC LAND COMPANY TO ALLOW THE CONSTRUCTION OF SEWER LINES: AGREEING TO CERTAIN TERMS AND CONDITIONS SET OUT IN INDENTURE FOR EASEMENT: AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE INDENTURE ON BEHALF OF THE CITY. WHEREAS, The city of Seal Beach is constructing major improvements to its sanitary sewer system: and WHEREAS, sewer lines are to be constructed beneath the property owned by the Southern Pacific Land company: and WHEREAS, the Southern Pacific Land Company has agreed to grant an easement to the City of Seal Beach to allow construction of said sewer lines: said easement is described as follows: "A parcel of land, situate in the city of Seal Beach, County of Orange, State of California, in lot "C-l" of the Partition of Rancho Los Alamitos according to the plat of the Rancho Los Alamitos filed in Case No. 13527 of the Superior Court of the County of Los Angeles, State of California, being all that portion of that certain 100-foot strip of land described as first in deed to Pacific Electric Railway compa~, recorded on November 10, 1903 in Book 92, Page 349 of Deeds, in the office of the Recorder of Orange County, included within a strip of land 20.00 feet wide lying equally 10.00 feet on each side of the northerly pro- longation of the center line of Fifth street, containing an ar:ea of 0.048 of an acre, more or less." WHEREAS, said easement is subject to certain obligations and con- ditions set forth in the Indenture attached hereto and made a part hereof and marked Exhibit "A". NOW, THEREFORE, the city Council of the City of Seal Beach hereby resolves to accept the easement offered by the Southern Pacific Land company subject to terms and conditions set forth. BE IT FURTHER RESOLVED that the Mayor and the city Clerk are hereby authorized to execute the Indenture on behalf of the city. PASSED, APPROVED, AND ADOPTED by the City Council of the city of Seal Beach, California, at a meeting thereof held on the 13th day of November, 1972, by the following vote: AYES: councilmen~~, ~~~~- Councilmen ~ ~/,~J , d,'/I-1 /;7;:;v~,d NOES: ABSE~:-'councilmen J'- _ -.. . ........:.::,;...... " ..... ~ ...... ...............~/' 40' ~ ....... """,f... ~/' :a.... ....". ""~. ....- -"l--" 'X';l'.:L'~~ T: '-::,~ :- . ". r."':- \ '-.:.~ .. " , . aA-'~ ~ M-fyor 1.., :res'S I. L ~ Zip 'I I RI;It;ORlJlr,ja REQUESTED BV ~. . Resolution Nu~er \, ... .. AND WHEN RECOR"DED MAIL TO Name r I . ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE 43880/312-21 I an~ Mile Post NONO THIS INDENTURE made this //llt day of f2c.;/;-/J'...f,'t,. , 19li; by between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein tenned "Railroad", and CITY OF SEAL BEACH, a municipal corporation of the State of California, address: 201 Eighth Street, Seal Beach, California , herein tenned "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, recon- struct, maintain and operate a sewer pipeline, hereinafter tenned "structure", in, upon, along, across and beneath the property of Railroad more particularly described as follows: . A parcel of land, situate in the City of Seal Beach, County of Orange, State of California, in lot "C-l" of the Partition of Rancho Los Alamitos according to the plat of the Rancho Los A1amitos filed in Case No. 13527 of the Superior Court of the County of Lo"S Angeles, State of California, being all that portion of that certain 100-foot strip of land described as first in deed to Pacific Electric Railway Company, recorded on November 10, 1903 in Book 92, Page 349 of Deeds, in the office of the Recorder of Orange County, included within a strip of land 20.00 feet wide lying equally 10.00 feet on each side of the northerly prolongation of the center line of Fifth Street, containing an area of 0.048 of an acre, more or less. * * * * * * EXHIBIT A Form C-1, 5/19/72 " I 1 I Resolution Numb~r : '" ~ '. " 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 upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 2. 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 coronIon carrier, and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconst1~ct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 3. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "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 lapse and become void if the construction of said structure upon said property is not commelced within one (1) year from the date first herein written. 5. Grantee shall bear the entire cost and expense of construct- ing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection 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 commencement 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 and removal of said structure, including, but not limited to, the ~:xaaacl:X1l.llW\\X...aXlll'~~XImIlkxartdxal'EXplXQIBamR:kClllll ~xacx"DlllJX]xaddCllI~x~lraq(Jamix1ll!ll::1lt 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 thereof upon receipt of written notice from.Railroad so to do. 6. As part c9nsideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said propert.y commenced within one (1) year from the date first herein written. -2- Form C-l, 5/19/72 , ", I I 1 . , , ' Resolution Number '" ft , '. 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 fr.om waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If' Grantee fails to keep said property and said structure in a good and safe condition, free from ~'1aste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. , 8. 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 to 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 Liability 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 constrUction or maintenance of said structure caused by or contributed to in any 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 ro.ay be caused, including reasonable attorney fees, for loss of or 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 Grantee, its successors or assigns, at any time abandon the use of said property or any part thereof or fail at any 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 thereof the use of which is so discontinued or abandoned. -3- Form C-1, 5/19/72 . , , . Resolution Number ~ ~ , , ~ '. I Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, a~rees to remove said structu!e from said 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 Crantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. upon the This indenture shall inure to the benefit of and be binding successors and assigns of the parties hereto. * * * * 1 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. ... CITY OF SEAL BEACH STATE OF CAUFORNIA I (il"i and Count)' of San Francisco S IS. Ifj ~~_ -- '2.' t.. {( I, t{/., ( . .-., Ou tllis I dtly of I~. .\. . \f. "" ,'u tlU!1 year One Thousand Nine Hundred and Seumty (. / before me, ROnT: J. nUSHNER. a Notary Public in al~d fOT the City and Count)' 01 San Francisco, Slate 01 Califomio., penonaUy appeared (One Market St.) L. E. Hoyt and R. \V, HUlllphrey. kuoum to me to be the Vice President and Assistant Secre- . Utf}. rcspeuively. of the corporation des!.Tibed in arId that execulcd the witliin imtrument, and also hnowJllo me to be 'he pcrso"s who cxecuUd it all bellalf 01 the corporation therein ,J8med 'lid tllC')' acknowledged to me tllat sut'1I corporation exauted the ,arne. .~ ROar, J, BUSHNE~Rr;IA .... NOT ARYL ~~~\'~;CG~~',fu:ss IN ~ dP ,;,' 'ftINC~~':... AND' COUIIITYee, ~'; SAN .-RANCISC ~_ *' ~n\",slon [I plitt July 11. \!1" Corporation . IN WITNESS JJ'l/EREOF, 1 have I"m;unlo set my hand Gnd aDixcd my OOidal leal at my office in tile Cdy Arrd COUld)' 01 San lrancifCO, t~ze dr:ry and yt'ar in this certificate fint aho.. written,.'-/' l \ / I L. rr. L{" \1, ..-Jr, ' , ..-~..... \ .!....:!.."... ..J 1. lo{ \ ..--{. I.~'......... Notary Public in and for the City imd Count) 01 San francisco, Slate of California. l_J M)' ConunLllllion Exphea July 11.1974. .