HomeMy WebLinkAboutDeeds & Easements_5-1977E It I.-
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387 RECORDED IN OFFICIAL RECORDS
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AN -17 1977 AT .9:-30 AM
NO FEE V DENNIS WARDI E
-,, R L C G r,,b L R
APPROVED AS TO FORM 13Y GENERAL COUNSEL B S 7362
MARCH 15 1973 W. SAClC L[:Rr
N BERNARDINO COUNTY, CALIF,
Mile Post B-546.2-X(N)
STREET OR HIGHWAY EASEMENT
UU4is 10rnturr, made this -Z "`'t day of AZ'" '6—�'+-- 19 by and beta een
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation,
herein called "Railroad", and
CITY OF REDLANDS, a municipal corporation of the State of California,
Post Oflice Box 280, Redlands, California 92373,
herein called "Grantee"
39ttarsort4:
1 That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street of highway
hereinafter termed "highway" upon and across the real property described on the attached Exhibit "A"
2 The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and sim]
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed of rearranged
within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
space above said plane
3 This grant is subject and subordinate to the prior right of Railroad its successors and assigns, to use all the pro
perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad its successors and
assigns, the right to construct, reconstruct maintain use and remove existing and future transportation, communication,
power and pipeline facilities in, upon, over, under, across or along said property In the event Railroad trackage facilities
are removed from said property, Railroad shall not be obligated to make any change in the grade of said highway not
shall such removal affect Railroad's title to the under lying property
This giant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and
claims of title which may affect said property, and the word grant shall not be construed as a covenant against the
existence thereof
4 The tights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two (2) years from the date first herein written
5 This grant shall not be construed as convey ing or otherwise vesting in Grantee the right to install or to authorize
the installation of any ditches pipes drains, sewer or underground structures, or the facilities of any telegraph, telephone
or electric power lines in, upon, over, under across or along said property, except as necessary for maintenance of said
highway
6 Grantee shall obtain any necessary governmental authority to construct reconstruct maintain and use said highway
Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor s
agreement prior to commencing any work on Railroad's premises
7 Except as herein otherwise provided, Grantee shall beat the entire expense of constructing, reconstructing and main
taming said highway The crossing of said highway over -Lny tracks of Railroad shall be constructed and maintained at the
grade of said tracks now or hereafter existing After the construction or reconstruction of said highv,ay has been completed
Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track
located thereon Should Railroad abandon tracks leading to said highway Railroad may abandon its rails, ties and appurte
nant materials and leave same in place In such event, Railroad shall not be liable for maintenance of the portion of s-Lid
highway specified above
8 As part consideration herefor, Grantee agrees to pay-Aailroad an amount equal to all assessments levied by any
lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction
of reconstruction of said highway commenced xkithin two (2) years from the date first herein written
9 Should Grantee at any time abandon the use of said property of any part thereof, or fail to use the same for said
purpose for a continuous period of one (1) year the rights granted shall cease to the extent of the use so abandoned of
discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re
served 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 hereby granted Grantee agrees to remove said highN,,ay, including the paving, from said
property of Railroad, to restore said property as neatly as practicable to the same state and condition in which it existed
prior to construction of said highway, and to bear the expense thereof Should Grantee in such event fail, neglect or refuse
to so remove said hiL-hwav and restore said nroi)erty such iemoval and restoration may be performed by Railroad at the
acv9094 547
" E` HIBIT
Sa-n T-.r.io Leo Can-�-on Road
i 1 e Post 146.2
That portion of Government Lot 4 in the North-gest quarter of
Section 4, T2S , R3W, San Bernardino Base and Meridian as shown
on the Record of Survey recorded in Book 21 of Records of Surveys ,
Pages 22--24 in the office of the County Recorder , County of San
Bernardino, State of California, described as follows
Parcel. No. A
Beginning at the Northwest corner of said Section 4, thence South
01° 51' 10" East, along the West line of said Section 4, said last
west line also being the [lest right--of--way line of San Timoteo
Canyon Road, 782 16 feet to the True Point of Beginning, thence
continuing South 010 51 ' 10" East, 68. 04 feet to the beginning of
a tangent curve concave Easterly and having a radius of 525. 00
feet, thence Southeasterly along said curve through a central angle
of 25° 16 ' 48", 231. 64 feet, thence South 46° 35 ' 45" East, 174 93
feet, thence North 43° 24 ' 15" East, 20.00 feet to the beginning
of a curve concave Easterly and having a radius of 475 00 feet,
thence Northwesterly along said curve through a central angle of
440 44' 35", 370 93 feet to a point of tangency, thence North
01° 51 ' 10" West, 17 59 feet to its intersection with the S'outh-
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EXHIBIT
ACQUIRE QUITCLAIM OF A PORTION OF EXISTING EASEMENT
(DA #37386) FOR SAN TDTOTE0 CANYON ROAD
REDLANDS3 CALIFORNIA
A piece or parcel of2and situate, lying and being; in the
City of Redlands, County of San Bernardino, State of California,
being a portion of land described as Parcel No. 1 in deed dated
June 29, 1928, from Southern Pacific Railroad Company to City of
Redland, recorded in Book 432 of Official Records, Page 164,
Records of San Bernardino County, described as follows:
Beginni-ng at the point of intersection of the northerly
line of the southwest quarter of the northwest quarter of Section 4
Tovmship 2 South, Range 3 West, San Bernardino Base & Meridian, with
the nortl.easterly line of land (200 feet wide) of Southern Pacific
g - nA094549
9
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at Engineer's Station 4508+95; thence northwesterly being parallel
with and distant 50 feet northeasterly, measured at right angles,
from said center line, 1400 feet to a point distant 50 feet
northeasterly,neasured at right anglesfrom said center line at
Engineer' s Station 4494+95; thence northerly in a direct line to
the point of beginning.
800,9094 559
p
I N S E R T
San Timoteo Canyon Road
Mile Post 546.2 - City of Redlands
12. Railroad shall furnish all necessary labor , materials, tools
and equipment to install and shall 1nstall two (2) flashing light
grade crossing signals equipped with automatic gate arms, together
with actuating and operating circuits and adequate instrument housing,
hereinafter collectively referred to as "signals" , at said crossing.
Said signals shall be located approximately as indicated on the
print of Railroad's Los Angeles llivision Drawing D-4321 revised March 31,
1976, attached and made a part hereof. Installation of and all mate-
rials for said signals shall be in accordance with Railroad's usual
standards.
Railroad shall alter , raise and/or relocate Railroad's overhead
communication wires, poles, guy wires and appurtenances as necessary
to provide proper clearance for the raising and lowering of the said
automatic gate arms.
Grantee agrees to reimburse Railroad for one hundred percent (1000)
of the cost and expense incurred by Railroad in connection with the
furnishing and installation of said signals and the alteration, raising
and/or relocation of Railroad' s overhead communication wires, poles,
guy wares and appurtenances.
13. Railroad, at Grantee's expense, shall, prepare its tracks,
including change of running rail, and the furnishing and installation
of timber planking along the rails of the tracks located through the
crossing area.
Grantee, at Grantee's expense, shall furnish and install and there-
after maintain all paving on approaches to the crossing area, together
with all curbs, gutters and other street facilities.
1.4. Railroad shall submit to Grantee a bill for sixty percent �
(60`x) of Grantee's share of the estimated cost upon completion of work
contemplated, which ball Grantee agrees to promptly pay. Should the
actual cost prove upon completion of audit to be more or less than such
estimated cost , the difference shall be promptly paid by Grantee or
refunded by Railroad, as the case may be.
15. ,after installation of said signals has been completed, Railroad
shall maintain same so long as they remain in place. Cost of maintain-
ing said signals shall be apportioned between the parties hereto in
accordance with Sections 1202.2 and 1231.,,1 of ibe California Public
Utilities Code. The precise manner and method of determining applicable
charges, manner and method of payment , and other procedures under said
sections shall be governed by any applicable decisions of the California
Public Utilities Commission.
16. The work to be performed by Railroad hereunder shall be com-
menced as soon as labor and materials are available , following execu-
tion of this instrument, and shall be completed within one (1) year
thereafter.
17. Railroad, at Grantee's expense , will remove the existing
grade crossing at D-546.77, including warning devices and existing
E
BO 9094 R,i.c. 546
This is to certify that the dedication and improvements conveyed
by the within instrument to the City of Redlands, County of San
Bernardino, State of California, are hereby accepted by order of
the City Council authorized November 2, 1976 , and the
offeree consents to the recordation thereof pursuant Lo provisions
of Chapter 12. 7 of Division 7 of Title 1 of the Gover,,.irent Code
of the State of California.
(T' � _�/'
CTiw err', Ci of Re11'ands
STATE OF CALIFORNIA
City and County of San Francisco ss
December year One Thousand Nine Hundred and Seventy six
On this gth day of Y nn the
before me,GENE H ELLINGER a Notary Public in and for the City and County of San Francisco,State of California,personally appeared
One Market Plaza L. D. Blake and T. F. O'Donnell
known to me to be the Manager, Contract Department and
Assistant Secretary
' GENE H ELL INGER -
NOTARY PUBLK,-CALIFORNIA of the corporation_described in and that executed the within instrument, and also known
£i W;' F OF BUSINESS IN
PRINCIPAL PLACE to me to be the person S who executed it on behalf of the corporation therein named -,�
CITY AND COUNTY OF and_�)T—acknowledged to me that such corporataon�executed the same
SAN FRANCISCO
MV Commission Expires July 11 1979 �� IN WITNESS WHEREOF,I have hereunto set my hand and a$ixed my official seal
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