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HomeMy WebLinkAboutD-1257 Tank Farm Rd Underpass (Tract 1376) Recorded 12/15/1986RECORDING REQUESTED BY ! - CI'I'i' OF SAIN, LMS OiRISPQ P. 0. Box 8100 an Luis 0!)flspo, C& 9340M10(4 AND WHEN RECORDED MAIL TO r F - VI - 5/13/85 - 34000/ 31 DOC. NO St3O78 OFFICIAL RECORDS SAN :LUIS OBISPO CO., CAL cII'ry ore S.�.Pd .LUIIs .Q�' :s' ?0 Name � � . CITY CLE 41:'s ©ZEE CE Street 7p Address 1C • ®• Fob+ City Saar Luis ohlspo, CA 934,03 -8139 State '1" Zip L — DEC 151986 FRANCIS M. COONEY County Clerk- Recorder TIME 4115 P 8055 P. . C' 3 R .Wc,an SPACE ABOVE THIS LINE FOR RECORDER'S USE :RELMIS: E- 245.28 -X(N) THIS INDENTURE, made this 19th day of August ,. 198 6, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Railroad," and CITY OF SAN LUIS OBISPO, a municipal corpo- ration of the State of California, herein termed "Grantee "; WITNESSETH• 1. That Railroad hereby grants to Grantee, subject to the reserva- tions, covenants and conditions herein contained, the right to construct, reconstruct, maintain and use a street or highway by means of an underpass hereinafter termed "highway," upon and across, that certain property of Railroad more particularly described in Exhibit "A," attached and made a part hereof. 1 -a. The rights granted are limited vertically to a plane or .planes coincident with the top of the underpass structure or a.plane parallel with and twenty (20) feet above the roadway surface of the highway as originally constructed, whichever is the higher. 1 -b. Any contractor performing work on the property herein describe shall execute Railroad's standard form of contractor's agreement prior to commencing any work on Railroad's premises. 1 -c. The parties intend that the promises and obligations of this indenture shall constitute covenants running with the land so as to bind and benefit their respective successors and assigns. =1- VOL 2925 PAn Nyl �t c 2. This grant is made subject and subordinate to the prior and continuing right and obligation of iRailroad, 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 granted) to construct, reconstruct, maintain and use, existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe line facilities and appurtenances in, upon, over, under, across or 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 beco a vvoi j„2f the construction or recon- struction of said highway upon said property is not commenced within ell' the date first herein written. S. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway upon said property from the governmental body or bodies having jurisdiction thereover. 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said highway upon said property. T Ore- crossins Ofsaid 4iighw&r 0 V el any traticsof�ailmad• s��eteas4reteted- ertti•- main�ser�ed- x�lhr�rade��sid- traek�reen►�r•- l�ereaf�e�e�ting Mtm tire-eens'treetiete- or -reee etiert--4- eid• hi9hw&y ha-j- beeneer�rpiete� ,- �t�ilread- sl�ali- orsi�rEeirr #�e pertiotref- said' arbe­ 1ek1i9 -4,eeeh- $Be -4eeatt4 there 9R. 8. 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 con a ti on with the construction or reconstruction of said highway upon said property commenced within / �A the date first herein written. 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 said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of the said property, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in- cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway 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. 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 presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. L-'),,M,y RY �U�C!C -Cl CIFG'NIA C r;ounty of San Francesco Camm;ssicn Expires Feb. 20, 1990 ...._ SOIFI'HII�l PACIFIC TRANSPORTATIa1 " *. • •' COMPANY, � > 4- By (Title) lZaniger - Miss Ilaneous Gentracts, Attest:��1' Assistant Secretary CITY OF SAN LUIS OBISPO, Rlbn Dun in , Mayor •i Pe-Me oges, Clerk VM 2925 PAGE 692 STATE OF CALIFWNIA ) City and County of San Francisco b this day of in the r! One Thousand Sine Hundred and Eighty s i x + before ee, NOW Yilkerson, a Rotary Publit in and for the City and County of San Francisco, State of California, personally appeared L. H. Peters ROGER WILKERSON NOTARY PUBLIC - CALIFORNIA City and County of San FrandAco My Commission Expires Feb. 20. 1990 Corporation w rn ieeiml Fmirea Fsh_ 21. 199ll knom to as (or proved to M on the basis of satisfactory evidence) to be the Manager — Miscellaneous Contracts of the corporation described In and that executed the eithin instrveant, and also know to se to be the person do executed It on behalf of the corporation therein named erld he aclinol l edged to M that such .corporation executed the sae. IN VITNESS YIEIECF, I have hwwjqto sot my hand and affixed my official seal at w office In / and County oflaeo, the day and year in this certificate first above Witten. / f / / Notary Public fluid for the City and County of San Francisco, State of California. VGA 2945 PAGE 693 EXHIBIT "A" TANK FARM ROAD UNDERPASS, CITY OF SAN LUIS OBISPO EASEMENT SOUTHERN PACIFIC TRANSPORTATION COMPANY BRIDGE NO. 2.54.3 -B riq y .5/8/85 All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, Section 12, T 31 S, R 12 E, M.D.M., more particularly described as follows: BEGINNING at the northeastern corner of said Section 1.2 as shown on that map of Tract 681 recorded in Book 10 of Maps, Page 94, San Luis Obispo County Records; thence along the northerly line of said Section 12 N 89049114" W, 1237.83 feet to the northeasterly line of land of Southern Pacific Transportation Company (100.00 feet wide); thence along said northeasterly line S 33026108" E 266.04 feet to the TRUE POINT OF BEGINNING; thence leaving said northeasterly line S 82033131" W 11.1.25 feet to the southwesterly line of said Company's land; thence along said line S 33026108" E 124.64 feet; thence continuing along said southwesterly line, from a tangent bearing S 33026108" E, along the arcs of four compound curves to the left the following courses: a 22,968.317 -foot radius curve through a central angle of 0004130" for an arc distance of 30.07 feet, an 11,509.166 foot radius curve through a central angle of 0009'00" for an arc distance of 30.13 feet, a 7,689.449 foot radius curve through a central angle of 001.3'30" for an arc distance of 30.20 feet, and a 5,779.578 foot radius curve through a central angle of 0003103" for an arc distance of-5.13 feet; y thence leaving said southwesterly line N 82033131" E,. 111.98 feet to said northeasterly line; thence along said line, from a tangent bearing N 34026126" W, along the arcs of four compound curves to the right the following courses: a 51679.578 foot radius curve through a central angle o'f 0033118" for an arc distance of 55.02 feet, a 7,589.449 foot radius curve through a central angle of 0013130" for an arc distance of 29.80 feet, an 11,409.166 foot radius curve through a central angle of 0009100" for an arc distance of 29.87 feet, and a 22,868.317 foot radius curve through a central angle of 0004130" for an arc distance of 29.93 feet; thence continuing along said northeasterly line N 33026'08" W 75.88 feet to the TRUE POINT OF BEGINNING; containing approximately 0.51 acre. -Page 1 of 1-. VIOL NAG1694 C E R T I.F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Indenture dated August 19. 1986 from Southern Pacific.. . c Transportation Company 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. 5370 (1984 Series), recorded. June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: �'�•� �" CITY OF SAN LUIS OBISPO E50 OF DOCUMEIMT By n, yor A VOL PACE € Zia