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HomeMy WebLinkAboutD-1310 Tank Earm Rd. @. Sprr Edna-Islay West Recorded 08/24/1988RECORDING REQUESTED BY ' ~ DOC. NO. 4919' , CITY OF SAN LUIS OBISPO OFFICIAL RECORDS 9900 TP�ALMS STREET SAN LUIS OBISPO CO., CAL S'}iNR411ORE SORODED MAIL 90401 � CITY OF SAN LUIS OBISPO Street FRANCIS M. COONEY AddressCITY CLERK � P.O.. Box 8100 County Clerk Recorder L - City Stat SAN LUIS OBISPO, CA. 93403 -8100 TIME 11 25 AM State L— 21p SPACE ABOVE THIS LINE FOR RECORDER'S USE -1 LEASE AUDIT NO: 2 0 9 -3 9 - DEED AUDIT NO. o5 q O (o RELMIS: E- 254.7 -X(N). THIS INDENTURE, made this day of -e 2z , 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 pipe. hereinafter termed "structure", in, upon, along, across and beneath tracks and propert gLf.Ra'"lso'l d at or near San Luis Obispo, in the County of - i State of California, crossing the center line of Railroad's tracks at Engineer's Station 9080 +10.6, Mile Post 254.7 -B, in the location shown or described on Railroad's Los Angeles Region Drawing LADE -06, sheet No. 1, 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 system. Grantee agrees to notify Railroad of such date. RECEIVED AUG 3 0 1988 CITY CLERK SAN LUIS OBISPO. CA VOL 3191na385 ?a= C -1,. 2e 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.cad 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. 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 assignst . 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. 4. 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. 6. 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. 6. Grantee shall bear the entire cost and expense. of =X��RC3'�3�7P YX:AA 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 )CCrAW=9%13oa or. reconstruction of said struc- ture shall be subject to the approval of Railroad. . I Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor-in connection with the oCrAKttz oX%jMM)I 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. 7. in the event Railroad shall at at Grantee's expense, shall reconstruct, tore or otherwise improve said structure notice from Railroad so to do. -2- any time so require, Grantee, alter, relocate said struc- upon receipt of.written VOL 3191PAGE386 arm C -1, pt:il , 1 98 5 M .a. 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.' 9. 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 reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5).days'- written notice prior to commencement of any w.crk.on said structure, 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 3191PAGE387 -3- Form • '1 April', 1985 keep said property and said structure in a free from waster then Railroad may perform expense of Grantee, which expense Grantee upon demand. good and safe the necessary agrees to pay condition, work at the to Railroad 11. 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. -4 VOL 3191PAGE 300 STATE OF CALIFORNIA } Cit.j and County of San Francisco }A ss. On this KP +day of —, in the year One Thousand Nine Hundred and Eighty C 0( L_' r before me,— �SANDRO 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 r�r Contracts and Joint Facil.it'ies, of the corporation described in and that executed the SA N D RO P. MICOM within instrument, and also known to me to be the person who executed it on behalf of NO i AQY PUBLIC - CALIFORNIA ���' the corporation therein named and he acknowledge to me that such corporation executed a; j,_ rti i °r;, - -,.; the same. CITY AND COUNTY OF =,N FRANCISCO "^ ' I WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal My Commission Expires Jan. 29, 19�C at my ?ffice in the City and County of San Francisco, the day and year in this ce sate fKst abofZjriNT .N Corporation Y--,/w-4 '% y 1♦ 1 I M• It I.v w� Notary Public in and for the City and County of San Francisco State of California MK.Commission Expires January 29, 1990. VOL 319 1 .390 PAGE rviuL —i April, • 1985 r 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. 0 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 TRANSPORTAT'ION'V;. CO PANY .4 Cy J. By Senior. n er: i T i t L e) Contracts an /dA)JoirM Fad* :, J V Yv T� 4a i • Y Attest Assistant Secretary ►�, CITY OF "ftWLIS OBISPO Ma By f2on 1nin C L e k Pam Voges -5- YOL319JPkGE39 8 z ° I a m -t �I m :c J �n ti U > x ti l .'1 +a i Recorder's Memo: Poor Record is Due To N — O to m + at to •0 _ '17 n D D to . 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In ) O'• -1 >' Imilm� - zir•oin ~CI�� -IC z�bn D: �Op >*n t O>. t "'t Z - Z X> :c a fl A : n r o: yr n o Nt* An W r :N: ...1 I�:N 'O :b j j C E R T I F I C A T E O F A C C E P T A N C E It * * * * * * * * * * * * 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: alaqla- ATTE g.L mama s, City Cl k CITY OF SAN LUIS OBISPO B Ron Dunin, Mayor • VOL Mina .392 END OF DOCUMENT 9