HomeMy WebLinkAboutD-450 Orcutt AvenueI
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THIS IIJDENTURE, made this day of ��/.�y.�t�✓ 1963
by and between SOUTHERN PACIFIC COMPANY, a corporation of the State of
Delaware, herein termed "Railroad ", and CITY OF SAN LUIS OBISPO, a
municipal corporation of the State•of California, herein termed "Grantee ";
WITNESSETH:
1. Railroad hereby grants to Grantee, .subject to the reservations,
covenants and conditions herein contained, the right to construct, re-
construct,.maintain and operate -a, sanitary sewer pipeline in, upon,
along, across and beneath the.following described real property:
All that certain parcel of land situate in the County
of San Luis Obispo, State of California, described as follows:
BEGINNING at the point of intersection of the Southerly
line of Section 36, Township 30 South, Range 12 East, M.D.B.& M.,
with the West line of Orcutt Avenue (as shown on.Map oft, Orcutt
Subdivision -recorded June 22-1,1894, in. Book 1, page 19 of Maps
in the Office of County Recorder of said County of San" Luis
Obispo) distant due East, measured along said southerly line,
305.00 feet from the Southwest corner of said Section 36;
thence South 48'53121" East, 46.4- 5- -f.eet; thence due South,
233.46 feet; thence due West, 10.00 feet; thence due North,
228.91 feet; thence North 48 053121" West, 53.37 feet; thence
due East, along said southerly line.of said Section 36, a dis-
tance of 15.21 feet to the point of beginning,. containing an
area,of 0.065.0f ,an acre, more or less.
The above'describtd strip of land is shown outlined in red on the
print of Railroad's'Coast Division Drawing 34241, revised October 25,
1962, attached and made a part hereof.
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2. 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, for that purpose, there is re-
served unto Railroad, its successors and assigns, the right (consist-
ent with the rights herein granted) to construct, reconstruct, main-
tain 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 and along said property.
PAGE 214
- 3, 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.
4s 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.
5. Grantee shall bear the entire cost and expense of construct
ing, 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 construction of said structure 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 labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the in-
stallation and removal of such fals,ework and other protection beneath
or along Railroadts tracks, and the furnishing of such watchmen,
flagmen and inspectors as Railroad,deems necessary.'
In the event Railroad'shall at any time so require, Grantee at
Grantee's expense, shall,reconstruct or alter said structure or make
changes in the - location thereof upon receipt of written notice from
.Railroad so to do.
6'0 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.
7. Grantee its agents and employees, shall have the
of entry g privilege
ry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure._
Grantee agrees to keep said property in a good and safe condition
free from waste, so far as affected. by Grantee's operations, to the Fa
satisfaction of Railroad. If Grantee fails to keep said property in
a good and safe condition free from waste, then'Railroad may perform �p
,the'..•necessary work at the expense of Grantee, which expense Grantee
agrees to pay to Railroad upon demand.
.$. 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 the railroad company which
Irk VOL 1245 PAGE 215
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operates on said property, satisfactory to
fying Railroad from and against all claims,
pense growing out of the performance of the
contractor.
said company and
liability, cost
work to be done
indemni-
and ex-
by such
Such contractor shall furnish, at the option of and without
expense to Railroad, a reliable surety bond, in an amount and in a
form satisfactory to said company, guaranteeing the faithful per-
formance of all the terms, covenants and conditions contained in
said agreement, and a certified copy of a policy of Public Liability
and Property Damage Insurance, within limits specified by, and in a
form satisfactory to, said company, covering the contractual lia-
bility assumed by contractor in said agreement to be entered into
with said company by such contractor.
9. Should Grantee, its successors and 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 con-
tinuous 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 qualification
of the rights hereinabove reserved, to resume exclusive possession
of said property or the part thereof the use of which is so discon-
tinued 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.
20. This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, th e
to be executed in duplicate
ten.
parties he. M tk$
as of thq day .end ,
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caused these presents
r first herein writ-
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STATE OF CALIFORNIA, ,SE �Y.�J
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City and County of San ixo `
On this y of 'n the year One Thousand Nine Hundred and Sixty je
before me, NORM T. STONE, a Notary is ins for the City and County of San Francisco, State of California, personally appeared
(
65 t �ayrt) and T. F. Ryan, known to me to be the General Manager and Assist. L
ant Secretary, respectively, of the corporation described in and that executed the within¢
instrument, and also known to me to be the persons who executed it on behalf of the corpora- =
tion therein named and they acknowledged to me that such corporation executed the same. v�-a
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
- �. .. • -,'�� _ official gal at my office in the City and County of San Francisco, the day and Year in m
this certificate first above written.
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s .. ; >. •'• -; Corporation Notary Public in and for the City and County of San Francisco, State of California.
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My Commission Expires October 26, 1964.
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RWOLMCN NO. 1�„ 86 (1963 Series)
A USOLMIGH AUrHMZWG EMECD°d'ION OF A SEVER EASE -
MOT FRW S0bTMMN PACIFIC C012ANY
'VOL 245 PAGE�1�
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That the Hayor shall be and is hereby authorized to execute by and
on behalf of the City that certain easement dated February 1, 1963, wherelsa,
the Southern Pacific Company, a corporation of the State of Del roarer grants
to the C €ty of San Luis Obispo an.easement f= the connstruction, maintenance
and operaticn of a se-wer pipeline In accordance with the terms an� conditions
therein set forth.
PASSED MD ADOPTED this 18th day of February, 1953 by the following golf
call vote.-
AYES; Ass Margaret lWeil, R. L. Graves, Jr., Donald Q. Killer,
Gerald W. Smipsey, Clay P. Davidson
FOES; Prone
ABBOT: None
ATTW:
/s/ J. H. FITZPATRICK
City Clerk
/s/ CLAY P — DAVIDSON
Hayer
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RWOLMCN NO. 1�„ 86 (1963 Series)
A USOLMIGH AUrHMZWG EMECD°d'ION OF A SEVER EASE -
MOT FRW S0bTMMN PACIFIC C012ANY
'VOL 245 PAGE�1�
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That the Hayor shall be and is hereby authorized to execute by and
on behalf of the City that certain easement dated February 1, 1963, wherelsa,
the Southern Pacific Company, a corporation of the State of Del roarer grants
to the C €ty of San Luis Obispo an.easement f= the connstruction, maintenance
and operaticn of a se-wer pipeline In accordance with the terms an� conditions
therein set forth.
PASSED MD ADOPTED this 18th day of February, 1953 by the following golf
call vote.-
AYES; Ass Margaret lWeil, R. L. Graves, Jr., Donald Q. Killer,
Gerald W. Smipsey, Clay P. Davidson
FOES; Prone
ABBOT: None
ATTW:
/s/ J. H. FITZPATRICK
City Clerk
/s/ CLAY P — DAVIDSON
Hayer
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1, J. H. Fitzpatrick, the duly appointed, qualified
and acting City Clerk of the City of San Luis Obispo,
do hereby certify that the foregoing is a full, true
and correct copy of RESOLUTION NO. 1086 (19 63Series),
passed and adopted on the 18th day of February
19 63 , by the San Luis Obispo City Council.
WITNESS my hand and the seal of the City of San Luis
Obispo this 14thday of March f 19 63
VOL1245 PAGE219
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CERTIFICATE OF ACCEPTANCE
* d• * t '. V
'VOL1245 PAGE220
THIS IS TO CERTIFY that the interest in real property conveyed by
the Deed of Easement dated February 18 , 19 63 0
from SOUTHERN PACIFIC COMPANY
to the City of San Luis Obispo, a Political Corporation, is hereby
accepted in accordance with Resolution No. 549 (1959 Series), re-
corded May 26, 1959, in Volune 1002, Official Records, Page 292,
San Luis Obispo County, California, and the grantee consents to
recordation thereof,
DATE., June 10
149 ?S
gRDFooc�upmpe�npt No.- R-- ......= �•-� °T Or
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AT..... AIN. A - ..J.L.dL.... M.
VOLJ- .2.:y.S -01R. P ... Z,&3--- ------
SAN LUIS OBISPO COUNTY" CAL.
JUN 131963
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By _. 11a.ePutY
Fee $ = - -- Indexed
19 63
M'CITY OF SAN LUIS OBISPO
1 \ ��: •.� . .l%i) ".l• Liz: C
PA
YOR
ATTEST;
CITY CLERK