HomeMy WebLinkAboutD-909 Beneath S. P. R. Tracks Recorded 12/13/1973RECORDING REQUESTED BY
CITY OF SAN LUIS OBISPO
P.O. Box 321
San Luis Obispo, CA 93406
. 4®84®
OFFICIAL RECORDS
SAN LUIS OBISPO. CO., CAM
WILLIAM E. ZIMARIK9
COUNTY RECORDER
D E C 191973 COMP
11 A'oo PM'
T fl4.1 2 A�d�iQO:OQ RECR
a 341 24 I1c POOMAOCA
SPACE THIS LINE FOR RECORDER'S USE —
34005/314 -1
Mile Post E- 253.55 -N-
THIS INDENTURE made this A day of , 1973, by
and between SOUTHERN PACIFIC TRANSPORTATION COTTANY -, a corporation of the
state of Delaware, herein termed "Railroad ", and CITY OF SAN LUIS- OBISPO,
a municipal corporation of the state of.California, address: City Hall,
990 Palm Street, San Luis Obispo, California 93401, herein termed
"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 an eight (8) inch sanitary sewer line,
hereinafter termed "structure ", beneath the tracks and property of
Railroad at or near East San Luis Obispo, in the county of San Luis Obispo
state of California., crossing the center line of.said'tracks at Engineer
Station 9019 +09, Mile Post 253.55, in the location shown on the print of
Railroad's Los Angeles Division Drawing No. A- 10796, Sheet No. 19 dated
January 5, 1973, attached and made a part hereof.
Said structure shall be installed in accordance with the specifica
tions indicated on the print of Drawing No. C.S. 1741, also attached and
made a part hereof.
voL175 d. PACE 896
Poll
AND WHEN RECORDED MAIL TO
Name
Street
CITE' OF SAN4.LUIS OBISPO
Address
P.O. Box 321
San Luis Obispo, CA 93406
City
State
Zip
. 4®84®
OFFICIAL RECORDS
SAN LUIS OBISPO. CO., CAM
WILLIAM E. ZIMARIK9
COUNTY RECORDER
D E C 191973 COMP
11 A'oo PM'
T fl4.1 2 A�d�iQO:OQ RECR
a 341 24 I1c POOMAOCA
SPACE THIS LINE FOR RECORDER'S USE —
34005/314 -1
Mile Post E- 253.55 -N-
THIS INDENTURE made this A day of , 1973, by
and between SOUTHERN PACIFIC TRANSPORTATION COTTANY -, a corporation of the
state of Delaware, herein termed "Railroad ", and CITY OF SAN LUIS- OBISPO,
a municipal corporation of the state of.California, address: City Hall,
990 Palm Street, San Luis Obispo, California 93401, herein termed
"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 an eight (8) inch sanitary sewer line,
hereinafter termed "structure ", beneath the tracks and property of
Railroad at or near East San Luis Obispo, in the county of San Luis Obispo
state of California., crossing the center line of.said'tracks at Engineer
Station 9019 +09, Mile Post 253.55, in the location shown on the print of
Railroad's Los Angeles Division Drawing No. A- 10796, Sheet No. 19 dated
January 5, 1973, attached and made a part hereof.
Said structure shall be installed in accordance with the specifica
tions indicated on the print of Drawing No. C.S. 1741, also attached and
made a part hereof.
voL175 d. PACE 896
Poll
Form C-1, 5/19/72.,
0 f
Project markers in form and
identifying the facility and its
stantly maintained by and at the
property lines or such locations
markers shall be relocated or re
without expense to Railroad.
size satisfactory to Railroad
owner will be instal -led and con -
expense of Grantee at Railroad
as Railroad shall approve. Such
noved.upon request of 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 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,
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 anv 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 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
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 Railroad so to do.
6. As part consideration, 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 property commenced within one (1) year from the
date first herein written.
-2- F.VOL-1757. PAGE O9 1,
T
Form C-1, 5/19/72
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 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 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 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 may be caused, including reasonable attorney fees, for loss of
or damage'to property and for injuries to or deaths of persons
arising but 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- F-vOL1757 PAGE 898
r•
STATE OF CALIFORNIA )
City and County of San Francisco )} $s.
On this 25th day of April in the year One Thousand Nine Hundred and Seventy three
before me, GENE H. ELLINGER a Notary Public in and for the City,and County of San Francisco, State of California, personally appeared
(One Market St.)
_ ., T). Rlake and R. W. Humphrey
::USI ELLINGER
IC - CALIFORNIA
E OF BUSINESS IN
COUNTY OF
ANCIS CO
My CommJuly 11, 1975
};
Corporation
My Commission Expires July 11, 1975
known tome to be the Assistant Manager, Contract
Department and Assistant Secretar7
of the corporation_described in and that executed the within instrument, and also known
to me to be the person—E--who executed it on behalf of the corporation_therein named
and t he-7---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 certificate first
t Vat 71 «I
f�
PAGE HUB
I
A
Form C -1,
I%'. - .
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 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 restoration may be performed 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.
M
M
IN WITNESS WHEREOF the parties hereto have caused these presents
to.be executed in duplicate the day and year first herein - written.
-4-
SOUTHERN PACIFIC
TRANSPORTATION CO1vff'ANY;
By (Title) Frs ' st m ; Contract Dept.:` .
J
Attest:
Assistant•!. e :fie y
CIZrOF SAN 1.UI910
JM
ClerTZ
LVOL1757 PAGE 899
MQk
C
00
� r
RESOLUTION NO. 2429 (1973 Series)
A RESOLD T ION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE
SOUTHERN PACIFIC TP.ANSPQr.TATION CO -MPANY GRAN -
ING AN EASEIIENT FOR CITY SEVIER LINES BENEATH
COTWANY'S RAILROAD TP.AC .S, AND AUTHORIZING TI-M
MAYOP, TO EXECUTE SAME.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. This Council hereby approves the Agreement with the Southern Pacific
Transportation Company ;ranting the City the right to construct and maintain an ei,-ht-
inch sewer line beneath Southern Pacific railroad tracks at Engineer Station 9019-,,09,
DfAle Post 253.55, in the location shown on the print of Southern Pacific's Los Angeles
Division Drawing No. A- 10796, Sheet No. 1, dated January 5, 1973. A copy of said
Agreement and print is on file in the office of the City Clerk.
2. The Mayor is authorized to execute said Agreement on behalf of the City.
On motion of Councilman Gurnee, seconded by Councilman Graham, and on the
following roll call vote:
AYES: Councilmen Make, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was duly passed and adopted this 20th day of February, 1973.
ATTEST:
4 J, H. FITZPATRICK
City Clerk
sZ KENNETH E. SCHWARTZ
Mayor
CEI.TIFICA 1 ION
I hereby certify that the fore;oin Resolution was dsly
and regularly passed by the Council of the City of
San Luis Obispo at a Regular i.•= eeting held thereof
on the 20th day of February, 1973'.
v - _
City r::
EVOL1 57 PAGE 901
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_ IEVOI1757, PAGE_90J...e-,
CERTIFICATE OF ACCEPTANCE
sssssssssssssss•
THIS IS TO CERTIFY that the interest in real property conveyed
by the INDENTURE dated April 3 ,
19 73 , from SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a corporation of the state of Delaware,
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded IVAy 26, 1959, in Volume 1002, Official
Records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: December 13, 1973
CITY OF SAN LUIS OBISPO
iM
ATTEST:
i.
w
s�
END OF DOCUMENT woi1757 PACE yid.