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HomeMy WebLinkAboutD-185 Murray St & Hathway Ave Recorded 08/06/1951t S Rd _4 6/22/51 + IX (:25563/3'' 0 VOL 628 PAGE 185 D185 e / J F' THIS INDENTURE, made this W4 day of ,1951, Cr by and between SOUTHERN PACIFIC RAILROAD COMPANY, a corporation of the States of California, Arizona and New Mexico, and its Lessee, SOUTHERN PACIFIC COMPANY, a corporation"af the State of Delaware, .V herein collectively termed "Railroad,"'and CITY OF SAN LUIS OBISPO, a municipal corporation of the State of Califolsia, herein termed "Grantee." WITNESSETH: 1. That Railroad hereby grants to Grantee (subject to the re- servations, covenants and conditions herein contained) the right to construct and maintain highway slope embankments, hereinafter termed "highway," upon and across the property of Railroad in the City of San Luis Obispo, County of San Luis Obispo, State of California, in the locations shown tinted yellow on print of Coast Div n. Drawing 16983, revised June 12, 1951, hereto attached and made a part hereof. 2. Grantee shall bear the entire cost of constructing and main- taining said highway upon the premises shown tinted yellow on attached print. Grantee agrees to bear the entire cost and expense of con- structing and maintaining necessary drainage ditch and facilities to insure adequate drainage from Railroads tracks and right of way ad- jacent to said locations shown tinted yellow on attached print. 3, This grant is made upon the express condition that the rights and privileges herein given Grantee shall lapse and become void if the construction of said highway upon the land shown tinted yellow on attached print is not commenced within two (2) years from the date Z3 first herein written. — 4. This grant is subject and subordinate to the prior and con- r,.:, timing right and obligation of Railroad, its successors and assigns, to use and maintain the property herein described as a railroad right of way in performance of its public duty as a common carrier, and for that -Z- X.i VOL P8 PAGE 186 RJ + 6/22/51 + YX • purpose Railroad, its successors and assigns, expressly reserve the right to construct, reconstruct, superimpose, maintain and operate railroad tracks, wire lines, facilities and appurtenances thereto upon and across the property shown tinted yellow on attached print. 5. This grant is also subject'�toi- all'vA sd and existing con- tracts, leases, liens, encumbrances pr.elaide';df title which may affect the said property, and the word GRANT As,_used herein shall not be construed as a covenant against the,-** stence of any thereof. 6. This indenture shall not be construed as conveying or other- wise vesting in Grantee the right or power to authorise the location or installation, or to issue permits, licenses or franchises for the location or installation, of any structures, fixtures or other facili- ties of any telegraph, telephone or electric power lines, or of any sewer or pipe lines under, along and over the property shown tinted yellow on attached print. 7. Grantee agrees to reimburse Railroad for any and all assess- ments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Rail- road) to defray any part of the cost or expense incurred by Grantee in connection with the construction, reconstruction, widening, rewiden- ing and /or maintenance of said highway upon the property herein de- scribed. - Y>b.: 8. Should Grantee, its successors or ass s; at --arm time abandon the use of the said land, or any part thereof, .atAOiijr time to use the same for said purpose for a continuoua;oriod of one`.'(1) year, the right hereby given shall cease to the extent of the use so abandon - ZE ed 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 land, or the part thereof the use of which is so discontinued or n 4 fo abandoned. -2- STATE OF CALIFORNIA, (SS. COUNTY dF zA,w...ItIT•,i .0$IeSPd, - On this •,,,,,, Iftb, .......... day of ..... AAU.G .S..T...I....in the year one thousand, nine hundred and ... fJfV7.0 r+A. D. �i before me ........ EALF.R,,..C.a. ZFoff=.X .........................a Notary Public in and for said County, personally appeared -- T-M 0TSi'... 1. ,...0.t'RE1L,]r ................ ..........................known to me to be the OR EVELYN L. ROMBERG for J •E •Brmvna IoCaiett87be the t.y. •pC. t�:...gC,l,'a„r�YZ%i� �1� LMAr. brat"executgthe`5j,1j��ip�� r9tlit�meew. n saptg+� whdCM �,�q in ins-trumeAnaPao���B,QQb,ehaTi oii it o�' t poration within gamed, and acknowledged to me t�fSt� tfdd�iecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ciat seal in said County, the y and yea bJ' certifi to firs en. rpora'n8 ...... . ....... .. ... e.. • e. [..e.1 •os ..e.�e. Notary Public in an r the CounU ofSE1..N 1+30 ,P• tate of if is MY COLu? ._ SION EXPIRES 4 -1 —1952. - uF CALIFORNIA ss. -ay and County of San Francisco On this Ct any of An ^: ^•t. in the year One Thousand Nine Hundred and Fifty cli tb before me, RUTH W. GEORGE, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared K ? ^. ?.T. and TR- r =� known to me to be the 'NPp pr?S4dPP1t anA ARCiat;;rt _ of the corporation ascribed in and that exe d the within instrument, and also known to me !o be the person S who executed it on behalf of the corporation therein named and :e ! acknowledged to me that such corporation executed the same. IN WITNESS TIIEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day an' year in this certificate first above written. Notary Public in and for the City and County of San Francise- My Commission Expires September 19, 1954. I STATE OF CALIFORNIA ss. City and County of San Francisco cn M On this 31 St day of Auggst in the year One Thousand Nine Hundred and Fifty 011 � before me, RUTH W. GEORGE, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared N J. W. TlirMfYZT; r =flrsm - c`n known tome to be the vice PreSid.pnt and AQai.ata*1t Secreta rpsnac*{vV 4 •• of the the corescribed in ¢nd lhat executed the within instrument, and also known to me to be the person A v executed it on behalf of the corporation therein named and—±�hcY_ 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,'a"nd year in this certificate first above written. / ✓�.i Yi Notary Public in and for the City and County of San Franci 6 tate of California. My Commission Expires September 19, 1954. Ri + 6/22/51 + IX VOL 628 PAGE 187 9. This indenture shall inure to the benefit of and be bind- ing upon the successors and assigns of the parties hereto. IH WrTHESS 1HBREOF, the parties hereto have caused these present® to be executed in triplicate by their;,aepective officers thereunto duly authorised as of the day and ytin f3 t ".,Sbove written. SOUS- PACIFI4::,' naOAD COMPANY, ey • .. • �lA . Pl1t Attest; >°'�,_ Assist Sec ,t ary SOUTEM PACIFIC COMPANY,.. ...,.: By "Vice :Ppesi en Attest Assistant:.,. _ . ��tary CITY OF SAN LUIS OBISPO, H � � yor Form Approved: Attest: ;. ark. Attorne -Y m �~ Approved as to Corporate Owner: �. Valuation ff car Approved: Chief Engineer . CTt P� ■ -3- VOL . W87 °;GC 1 09 o RESOLUTION NO. 10� (NEW SERIES) A RESOLUTION AUTHORIZING THE -CITY COUNCIL TO ENTER INTO AN AGREEMENT WITH THE SOUTHERN PACIFIC RAILROAD COMPANY AND THE SOUTHERN PACIFIC COMPANY COVERING EMIBANK- rONT ENGROACHMENTS ON RAILROAD RIGHT OF WAY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: THAT the City of San Luis Obispo execute that certain agreement dated July 28, 1951 whereby the City agrees with the Southern Pacific Company covering embankment encroachment on railroad right of way at two locations in the vicinity of Murray Street and Hathway Avenue. BE IT FURTHER RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby authorized to execute said agreement for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 6th day of August, 1951, by the following vote: AYES: D.M.Carpenter,Paul W.Davis,Fred Lucksinger,Timothy I.0'Reilly, Frank V. Woods NOES: None ABSENT: None ATTEST: J. E. Brown City Clerk Timothy I. O'Reilly Mayor cn M V CTl ae