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HomeMy WebLinkAboutD-234 Orcutt Ave. Vicinity Recorded 01/07/1957.. B V. RF - X1.2 -1$ -56 - VI 92-5563/312--21 po 3,4--- THIS INDENTURE, made this day of January , 195.Z9 by and between SOUTHERN PACIFIC COMPANY, a corporation of the State of .Delaware, herein termed "Railroad," and CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, herein termed "Grantee" WITNESSETH: 1. Railroad hereby grants to Grantee, subject to all of the terns, covenants and conditions herein contained, the right to construct, recon- struct, maintain and operate a sanitary sewer pipe line, hereinafter termed "structure; beneath the tracks and along and across the property of Railroad under those certain strips of land situate, lying and being partly within and partly outside the City of San Luis Obispo, all in the County of San Luis Obispo, State of California, being more particularly described as follows: PARCEL NO. I A strip of land, 10 feet in width, lying 5 feet on each si'de'of the following described center line: COMMENCING at the intersection of the southerly line of a tract of land described in deed to the San Luis Obispo Schools recorded in Volume 711 of Official Records, Page 108, San Luis Obispo County Records, with the northeasterly line of Southern Pacific Company's land; thence along said northeasterly line as follows: North 34 002' nest, 487.35 feet and North 48 007' West, 256.79 feet to the Actual Point of Beginning of the center line to be described; thence leaving said northeasterly line, South 4$037': West, 77.69 feet; thence South 32 041' 'Nest, 42.38 feet; thence South 37 052' West, crossing the center line of Southern Pacific Company's eastbound main track (San Francisco to Santa Barbara) at or near Engineer's Station 898$ +10, a distance of 66.94 feet; thence South 15 022' West 24.95-feet; thence North 58013' West, 24.25 feet; thence South 54 000' West 52.69 feet, more or less, to a point in the southwesterly line of Southern Pacific Company's land. The above described strip of land terminates in the north- easterly and southwesterly lines of Southern Pacific Company's land. Said strip of land contains an area of 2889 square feet, more or less. PARCEL NO. II A strip of land, 10 feet in width, lying 5 feet on each side of the following described center line: COFDMINCING at the southwesterly termination of the above described center line; thence South 54 000' West, 5.13 feet; thence North 48 053121" West, parallel with and distant 5 feet southwesterly, measured at right angles from said southwesterly line of Southern Pacific Company's land, a distance of 323 feet to a point in the easterly line of the land of Southern Pacific Company described in deed dated April 14, 1927 from Pacific Coast Railway Company to Southern Pacific Railroad Company, recorded August 9, 1927 in Volume 37 of Official Records, Page 153, San Luis Obispo County Records, last said point being the -1- 1 \5 J-)2 r.. ��, RF - 12 -18 -56 - VI l Actual Point of Beginning of the center line to be described;., thence North 48053121". West 7.0 feet; thence North 58 013' West 100 feet, more or less, to the westerly line of said land des- cribed in last said deed. . • The above described strip of land terminates in the east- erly and westerly lines of the land described in said deed dated April 14, 1927. Said strip of land contains an area of 1070 square feet, more or less. The above described parcels of land are shown tinted yellow on the print of Railroad's Coast Div'n. Drawing 21857, sheet No. 2, rev.. August 309 1956, hereto attached and made a part hereof. Grantee agrees to re by Railroad in connection including but not limited or inspectors as Railroad property, engines, trains structure. imburse Railroad for all cost and expense incurred with the construction of said structure, to .the furnishing by-Railroad of such flagmen deems'necessary to protect and safeguard `and cars during the, construction of said ri M M -la- 10 -15 -56 For, C 2. This grant is made subject and subordinate to the prior and con- tinuing right aqd obligation of Railroad, its successors and assigns, to use all the property described.herein in the performance 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 grant- ed) to construct, reconstruct, maintain and use existing and future rail- road tracks, facilities and appurtenances and existing and future trans- portation, communication and pipe line facilities and appurtenances in, upon, over, under, across and along said property. . 3. This grant is made subject to all licenses, leases, easements, 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 commenced within one (1) year from the date first herein written. 5. Grantee shall bear the entire cost and expense of constructing, 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 what- soever with the operations of Railroad. The plans for and the construction of said structure shall be subject to the approval.of Railroad. 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 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 thereof upon receipt of written notice from Rail- road so to do. 6. Grantee agrees to reimburse Railroad for 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 construc- tion of said structure upon said property commenced within one (1) year from the date first herein written. 7. Gra:.tee, its agents and employees, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep said property in a good and safe condition free from waste, so far as affected by Grantee's operations, to the satisfaction of Rail- road. If Grantee fails to keep said property 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. 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 indemnifying 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 performance of -2- STATE OF CALIFORNIA, 1 City and County of Sa ncisco I ss. On this k7 day of,4.1 %n the year One Thousand Nine Hundred and Fifty before me, MILO J. PUIZINA, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared (65 Market St.) W. D. Lamprecht and T. F. Ryan, known to me to be the General Manager and Assist- ant Secretary, respectively, of the corporation described in and that executed the within instrument, and also known to me to be the persons who executed it on behalf of the corpora- tion therein named and they acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certi- ficate first above written. Corporation Notary Public in and for the City apc ounty of Sa>f-Kancisco, State of California. My Commission Expires July 28, 1959. 11 -19 -56 For& C t i all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of Public Liability and Property Damage Insur- ance, 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. 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. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure 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 Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restora- tion maybe performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. 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 pre- sents to be executed as of the day and year first herein written. (IN DUPLICATE) SOUTHERN P IFIC O14PANY, e ra n r Attest �f u f sst. S eretary CITY OF SAN LUI PO _�_ mayor rk -3- s I r a c Form Approved: Contract Attorney Approved as to Corporate Owner: Valuation Officer Approved: Chief Engineer Description Correct: Division Engineer Recommended: Superintendent Form of Execution Approved: Contract Attorney I rl , a- �'}� M �..4 I �•� I? II' I vi I -� - -� � j 11 �� • i I I /04p � �,• i n ; W I '� n 0 U o a a F m A � n va o O( N Ip N I Ir N V� �p '..52 6g •w ddd � � �'7 . M1 p tJl\ . l I �15 +RnlCK.Tr_;fle °2SZ.96 e; r IAi U !' w P N ton ry 11 f i Z, rr _qO •' �f • R, / � � ,� �i r •. mfiF 'A r - - ---^ /, I /o All • / L, r LI i ° 4• h - yS _ > J I'I I I r N O , p o m C D ;, ' 11I F V� % r11� CA m rl UmD ; <'LLt I P{ N �,� N jNr 11� 0 O0n �,Z� i tr n (n m CI : D �)�' P 1 l p . 0 r 61 O Z L� xo : o rl r ,, J ti lie I ;, J, H. Fitzpatrick, the duly elected, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a fully true and correct copy of Resolution No, 169 (1957 Series, passed and adopted by the Council of the City of San Luis Obispo on the 7th day of January L 19570 WITNESS my hand and the seal of the City of San Luis Obispo this 7th day of January , 1957. i p,rsoLL- rj.onT Wo, 169(1957 Series) A RLSOLUTIQ?: AUTHQRIZING E�ECTJTICN OF A SEMI.? KAS19 -EY "T ZTH Tim, SCIMOUJ PAUFIC COMPAff. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: ?`hat the Mayor is hereby authorized to execute on behalf of the City of San Luis Obispo that certain indenture by and between the Southern Pacific Company and the City of San Luis Obispo, dated January 7, 1957, FrantinE to the City of San Luis Obispo the right to construct and *maintain a sanitary salver pipe line across the Scuthem Pacific rirht -of -way. PASSED A1'D ADOPTIM this 7th day of January, 1957, by the following roll call votes AYES: Nels Becky T,owell (':ia-:i.stie, Warren Echrards, Kenneth Jones, Fred LucksinEer, NOES: ABSENT: /s/ Fred H. Lucksinger Mayor ATTEST: /s/ J. H. Fitzpatrick ity C er 9.56 -1OM • 9.2660 - (g2a THIRD AND TOWNSEND STREETS, SAN FRANCISCO 7, CALIFORNIA '] PHONE DOUGLAS 2-1212 312 ROBERT A. MILLER March 11, 1957 SUP UPEPINTENOENT c+� G L� CZ3 �. cam-' n CLOP �^ ` Mr. David P. Romero City Engineer 9�szPZfZZ2�20 City of San Luis Obispo Department of Public ?PTorks San Luis Obispo, California Dear Sir: Herewith for retention of City of San Luis Obispo is fully executed counterpart of easement whereunder City of San Luis Obispo main- tains a sanitary sewer line crossing of our tracks in the vicinity of Arcutt Avenue, San Luis Obispo. If and when this is--placed of record, we would appreciate your letting us have record- ing data. Yours truly, Attach. 9.56•IDM y THIRD AND TOWNSEND STREETS, SAN FRANCISCO 7, CALIFORNIA PHONE DOUGLAS 2 -1212 312 ROBERT A. MILLER /� 9NPLRINTENDENT January 2, 195 7 Mr. David F. Romero City Engineer City of San Luis Obispo Dept. of Public Works San Luis Obispo, California Dear Sir: With reference to our letter of October 31, 1956, regarding proposed agreement for sanitary sewer line crossing through trestle at San Luis Obispo, also subsequent conversation with representative of Chief Engineer's Office in this regard._ We are attaching duplicate counterparts of the revised agreement, as suggested; and, if satisfactory, will appreciate your having these counterparts executed by the City. The signatures of City Officials executing the instrument should be acknowledged, and a certified copy of resolution passed by the City Council authorizing exec- ution and acceptance should be attached to each counter- part; after which, counterpart should be returned to us for further attention. We would also appreciate your returning to us, for cancellation, counterparts of agreement previously submitted. Y urs trul Attach.