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