HomeMy WebLinkAboutD-1308 Tank Earm Rd. @. Sprr Edna-Islay Recorded 08/24/1988REC RDING REQUESTED BY
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C'iT>' OF SAN LUIS OBISPO 40
990 PALM STREET
SAN LUIS OBISPO, CA 93401
AND WHEN RECORDED MAIL TO
Name CITY OF SAN LUIS OBISPO
Street CITY CLERK
Address P.O. BOX 8100
City SAN LUIS OBISPO, CA 93403 -8100
State
Zip L—
tME AUDIT NO. � 0 3 3 9
DEED AUDIT NO, &57 it D 7
r
49195
DOC, NO.
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
AM 25 ]988
J
NO FFE
FRANCIS .M. COONEY
County Clerk Recorder
TIME 1 1 : 25 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE
I
RELMIS: E- 254.3- B -X(N)
THIS INDENTURE, made this day of 22Z" ,
1988, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
Delaware corporation, herein termed "Railroad ", and CITY.OF SAN
LUIS OBISPO-, a._municipal corporation of the State of California,
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 reconstruct, maintain and operate a ten (10) inch sewer
pipeline, hereinafter termed "structure ", in, upon, along,
a -crosand beneath property and rail overpass of Railroad at or
near San Luis Obispo, in the County of 4168ti". , State of
California, crossing the center line of Railroad's tracks at
Engineer's Station 9058 +33, Mile Post 254.28 -B,in the location
shown or described on Railroad's Los Angeles Region Drawing LADE -
06, sheet No. 3, dated March 15,,1988, attached and made a part
hereof.
Said structure shall be installed by The Pacifica
Corporation, pursuant to a separate agreement to be entered into
with Railroad. This indenture shall not become effective until
such date as Grantee has accepted said structure into its utility
j system. Grantee agrees to notify Railroad of such date.
RECEIVED
AUG 3 0 1983
CITY CLERK
SAN LUIS OBISPO. CA
VOL 3191 PAGE 369
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2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and
constantly maintained by and. at the expense of Grantee at Railroad
property lines or such locations as Railr.oad.shall approve. Such
markers shall be relocated or removed upon request of Railroad
without expense to Railroad.
Absence of.ma rkers does not constitute a warranty by Railroad of
no subsurface installations.
3. 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 performance
of its duty as a common carrier, and there is reserved unto Railroad,
its successors and assigns, the right (consistent with ths` 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.
4. This grant is made subject to all licenses, leases, ease-
ments, restrictions► ccnditionst 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.
S. 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.
a. Grantee shall bear-the entire cast and expense of 0oRx 1XIAXtr
Ix:xA reconstructing and maintaining said structure upon said
property. Grantee agrees that all work upon or in connection wit,
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 )ccrAW=a%1MR or reconstruction of said struc-
ture 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 laber.in
connection with the occx%tcscua%1wxx reconstruction, maintenance and
removal of said structure, including, but not limited to, the
installation and removal of such falsewcrk and other protection
beneath or along Railroad's tracks, and the furnishing of such
watchmen, flagmen and inspectors as Railroad deems necessary.
7. In the event Railroad shall at
at Grantee's expense, shall reconstruct,
ture or otherwise improve said structure
notice from Railroad so to do.
-7-
any time so require, Grantee,
alter, relocate said str•uc-
uccn receipt of written
VOL 3191P AM
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8. Grantee shall, at its expense, comply with all applicable .
laws, regulations, rules and orders regardless of when they become or
became effective, including, without limitation, those relating to
health, safety, noise, environmental protection, waste disposal, and
water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad.
Should any discharge, leakage, spillage, emission or pollution of
any type occur upon or arise from the premises covered hereunder as a
result of Grantee's use, presence, operations or exercise of the
rights granted hereunder, Grantee shall, at its expense, be obligated
to clean all property affected thereby, whether owned or controlled by
Railroad, or any third person, to the satisfaction of Railroad
(insofar as the property owned or controlled by Railroad .is concerned)
and any governmental body having jurisdiction in the matter. Railroad
may, at its option, clean Railroad's premises; if Railroad elects to
do so, Grantee shall pay Railroad the cost of such cleanup promptly
upon the receipt of a bill therefor.
Grantee agrees to investigate, release, indemnify and defend
Railroad from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation costs
and attorney fees) incurred by Railroad as.a result of Grantee's
breach of this section, or as a result of any such discharge, leak -
age, spillage, emission or pollution, regardless of whether such
liability, cost or expense arises during the time this indenture is
in effect, or thereafter, unless such liability, cost or expense is
proximately caused solely and exclusively by the active negligence -of
Railroad, its officers, agents or employees.'
g. 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.
10. Grantee, its agents and employees subject to provisions
hereof, shall have the privilege of entry on said property for the
purpose of 4tffib1jEIr t�g4 reconstructing, maintaining. and making
necessary repairs to said structure. Grantee agrees to give Railroad
five (5) days'. written notice prior to commencement of any work on
said structnre,.except emergency repairs, in which event Grantee
shall notify Railroad's authorized representative by phone. Grantee
agrees to keep said property and said structure in good and safe
condition, free from waste, so far as affected by Grantee's oper-
ations, to the satisfaction of Railroad. If Grantee fails to
VOL 3191 PAGE 371
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Aptilr 1-985
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.
I.I. 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 Railroad, satisfactory to
Railroad, 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.
12. Insofar as it lawfully may, Grantee agrees to investigate,
release, defend and indemnify 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 death
of persons arising out of the reconstruction, mainte-
nance, presence, use or removal of said structure, regardless of any
negligence or alleged negligence, active, passive or otherwise, on
the part of Railroad employees.
The. word "Railroad" as used in this section 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 or
adjacent to said structure, and the officers and employees thereof.
13. 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 qualifica-
tion 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 restoration may be performed by Railroad, at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand, or Railroad may, at its option, assume ownership of said
structure.
VOL 3191 PAGE 3 72
STATE OF CALIFORNIA }
City and County of San Francisco 1 ss.
On this Se day of , in the year One Thousand Nine Hundred and Eighty Ei�1'lt�,
�^ before me, ANDRO P. MICOCCI, a Notary Public in and for the City and County of San
Francisco, State of California, personally appeared W. E. FOWLER, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the Sr. Manager
CN6TARY Contracts' and Joint Facilities. of the corporation described in and that executed the
A N D RO P. M�1.OliC� �. within instrument, and also known to me to be the person who executed it on behalf of
the corporation therein named and he acknowledge to me that such corporation executed
PUBLIC - CALIFORNIA the same.
CITY AND COUNTY OF IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
SAN FRANCISCO - at my o ice in the City and County of San Francisco, the day and year in this
\ y +� certific a firs above w�i NW4_pc�'
Z ca�misSFr l Expires Jan. 29,194E
Corporation
Y Notary Public in and for the City and County of San Francisco State of California �.,,40- misskon Expires January 29, 1990. VOL 319 1 PKE
Form C -1
3; 98 5
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14. 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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate as of the day and year first
herein written.
SOUTHERN PACIFIC TRANSPORTkT•TO'N '
CO P NY A'
Q
By Tit e) Contracts and Joint FaciliAe�, o . `
Attest
Assistant Secretary����.,,��' '
CITY OF SA ISPO
��W
BY ...................
Ma o.r on Du in
By
` V
C l er k Pam Vog
Vol 3191PAGE373
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Recorder's Memo,
for Record is Due To
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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 May 2 , 19 88 from Southern Pacific
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: q1.2d11yV
w
,,ATT .'
�- -i'am a Voges: -; City lerk
♦ h • �ti
END OF DOCUMENT
CITY OF SAN LUIS OBISPO
By
Ron Dunin, Mayor
VOL 3191ftu 376