HomeMy WebLinkAboutDeeds & Easements_43-1973E RECORDING REQUESTED BY
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City of Redlands 800h8385 hLE 949
[RAF - VI - 45730/312-21 - 10/30/731
AND WHEN RECORDED MAIL TO $AN BEHMRDINa
'� s V.DE�iI�fS 1�,A�Ft I CAL.
Name
City Clerk, City Hall , �� CL.ERK-�RrCCRDER
6
Street P. 0. Box 280 '`
Address Redlands, CA 92373 � � �{� �2
City
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State L
Zip
SPACE ABOVE THIS LINE FOR RECORDERS USE
Mile Post BP-550.42-N
THIS INDENTURE, made this �r l day of ,
19735 by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
corporation of the State of Delaware, herein termed "Railroad,"
and CITY OF REDLANDS, a municipal corporation of the State of
California, City Hall, Redlands, California, herein termed
"Grantee";
WITNESSETH•
1. Railroad hereby grants to Grantee, subject to the reser-
vations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain and operate a 20-inch water
pipeline, hereinafter termed "structure," beneath the tracks and
property of Railroad at or near Mentone, in the County of -so'n
U ►nosier, State of California, crossing the center line of said
tracks at Engineer Station 310+82, Mile Post BP-550.42, in the
location shown on the print of Railroad's Los Angeles Division
Drawing 11197, Sheet No. 1, dated September 18, 1973, attached
and made a part hereof. Said structure shall be installed in
accordance with the specifications indicated on the print of
Drawing C.S. 1741, also attached and made a part hereof.
f BwM85 ME 950
Project markers in form and size satisfactory to Railroad
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f identifying the facility and its owner will be installed and con-
stantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad 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.
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 per-
formance of its duty as a common carrier, and for that purpose there
is reserved unto Railroad, its successors and assigns, 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.
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.
4. 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 or reconstruction of said structure shall be
subject to the approval of Railroad. Grantee agrees to give Railroad
five (5) days ' written notice prior to commencement of any work of
construction or reconstruction.
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
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.
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.
b. 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.
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. . ...........:
19172 BooK 385 mL 951
il�rt
7. Grantee, its agents and employees , shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structure in good and
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
8. 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
operates an said property, satisfactory to said company and indemni-
fying Railroad from and against all claims, liability, cost and
expense growing out of the performance of the work to be done by
such contractor.
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 perfor-
mance 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 liability
assumed by contractor in said agreement to be entered into with said
company by such contractor.
9 . Grantee shall assume all risk of damage to said structure
and appurtenances and to any other property of Grantee or any prop-
erty under the control or custody of Grantee while upon or near the
property of Railroad incident to the construction or maintenance of
said structure caused by or contributed to in any way by the con-
struction, operation, maintenance or presence of Railroad' s line of
railroad at the above-mentioned location.
Insofar as it lawfully may, Grantee agrees to indemnify and
save harmless 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 deaths of persons
arising out of the construction, reconstruction, maintenance, pres-
ence, use or removal of said structure regardless of any negligence
or alleged negligence on the part of Railroad employees .
The word "Railroad" as used in this section 9 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 said
structure and the officers and employees thereof.
10. 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. discont'inued, ;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 whish is so discontinued
or abandoned.
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{ i 5119/72 goo��3�5 PACE 952
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.
ll This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
s
n
IN WITNESS WHEREOF the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
By
{Tit rasmsn
Attest
(Title)Assistant Secr ry
CITY OF REDLANDS
4
By �X1
/ Mayor
ale
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CERTIFICATE 4F ACCEPTANCE Bacyfi385 f`iu 954
This is to certify that the interest in real property conveyed by
Easement dated December U 1973, from Southern Pacific
Transportation Companv to the City of Redlands, a political corporation and/or
governmental agency, 1s hereby accepted by order of the City Council on
December 18 f 1973, and the Grantee consents to recordation thereof
by its duly authorized officer.
Dated: March 11 1974 ,
' B
y:
l
City Manager
STATE OF CALIFORNIA ss 600KO,3 5ru953
City and County of San Francisco
On ibis --, /J " day of \f,'!J in the year One Thousand Nine Hundred and Seventyi oz-"'-
beforeme, Gene H.EIlmger ,a Notary Public in and far the City and Countyof San Francisco,State of California, personally appeared
W. M. ]aekle and R W Humphrey, known to me to l;z the Vice President and Assistant
Secretary, respectively, of the corporatson described in and that executed the within
instrument and also known to me to be the persons who executed it on behalf of the
y corporation therein and they acknowledged to me that such corporation executed the
GENE N ELLINGER same.
NOTARY PUBLIC CALIFORNIA
Q IN WITNESS WHEREOF, ! have hereunto set my hand and affixed my of/ficial
PRINCIPAL PLACE OF BUSINESS IN seal at my office in the City and County of San Francisco the day and year in this
CITY AND COUNTY OF
SAN FRANCISCO certificate first above written.
t MV Commiss[on Expires July 11, 1975 ! �' /�'
W .
: .rc RLOL6�D�„_5 @K. Station MENIQr� �T P �F 4pQ55 �+�G �� �a SNFf T Divi:►On ���
G.tin!cine -
y S. 3�Q+8Z* Af. P. P 550.4'2 r +i �T.,bct DfowingA- 11197
t.. ..�
z�., _SF P X8,127 ._ 1 Sheet No 1
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ation rvr GALE_ �„=/00 7 , -
05 I Z41 DRAIA N Y- PMS.
COLTON AVE
C: Sze To Top Of - Casing 5'; -
"w _ . S_, t}"sy i'
w -
��zr,es j ,a...mable Substances and has casing, NLnber I _
arc, iocatzotl of vents -�- �� I
Carrier Pipe -Ste q
:1 E',lais
Ln
Casino
Wer
Pi Pe
a;-. :Lz Casing
' tD Qmooth Steel (In.
O CV (V
_ r:,,.i T:Ilci rless : ut
v ust•c- 2 Corrugated Metal
(Gage)
QE G.Je cazriez pipe)
V E Q Carrier Pipe'
o "" r_pe LL-n:,th P-' c, w Iv,i w GJ
te
-
Q asing
RF-zntGrcL-u Conc. A.S T . Class
CL > L, .,nnation - J\1�`� �
(L) E z
h v E v -` A W W.A. Class --
D
C3 M
C_css SCL`.ion and Descr-pti.on of Track or Tracks
Propo,ed Pipe is to be placed together � T�E� PtzC?PC75Ef] �I��iL_I Y
w_ all nec:cssax dimensions. ------ 7U PL�.C. PR J V �-L R T I N S '
� '- P'�op vtvDEc�Gc2�uNr3 rncQVEQ F rm C E 35569 Sept. 1 T, 19 67: y
z i, Ctl Drawing. No.
Note for Pipe /riles evrryiag or S orng d Cop aye i � 1741
'Fo 7mob/e 540slW'Wes
see CS 1742 �a� TABLE I
Duch TH/CffNES'S (1F PIPE CAS/NG5
FBoh`oln Of Oifth o/` FOR SUPPORT/NG TRACK
&IS1117q Ground Line Inside Carragated &700th
o U Diameter' Pron Ploe Slee/Pipe
,E a3-0 Min rfno casing US Std Hie Thickness
Carrier Pipe "r � � y`Casing Pipe Seat
Inches a,9e No Inches
(See Casing Note No7)
Pi e Lir1e i 4 to to 14
J 12 14 %i6
Carrier Pie 15 /8 14 y4
'S=O /5O � � /2=0"" � -1 gat
H 21,24 12 %4
But not less than/0 0 30 36 /0 lis I
PIPE IN EMBANKMENT (See Genera/Ruie 2) PIPE /N CUT 48,54,60 8 j
RULES GOYERNINO THE INSTALLATION OF PIPELINES TRANSMITTING 2 Metal coling far supporting track shot/ conform to thicknesses TABLE II
WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING shown in Toble I and shall have joints of eifh,rscreN welded or riveled CONCRETE ENCASEMENT
UNDER TRACKS type If shall be galvanized or shall be dipped in preservative material FOR P/PES
and fhoroughly coated inside and outside If preservative material cannot Number of
GFr1RAL be used on Inside of casing, then the casing shall be of least one gage
I Distance H Pram vlom of he to lop of pipe,casing or concrete encasement sho// or r thicker than otherwise required 0( A Lm711r1dina/
not be less than X-0»(See exception in General Note 3) 3 Concrete casing for supporting track shall have The slreng/h specified Inches Ixhes 0?'0 Bars
2 Any pipe lines crossing any back do not require a casing provided the carrier in current ATSM Serial Designation C-76,Class IV Ail joints shall be wafer- /0 /2 4 4
P/0 is of sufficient strength to support The track and has watertight)oink for such frghl and of an approved type of construction
pipe 67es,crising lighler than speafied/n lab/6I for supporlrRg Irack may be 4 The inside diameter of casing shall be of least 2 inches greater than the /5 4
used for Installing pipe,provided Ile space between carrier pipe and casing fs largest outside diameter of career pipe.
backfilled w/h grout or sand. 5. Sizes of casing larger than shown rn Table I are special cases and will 2124 27 6 8
If carrier pipe does not have sufficianf strength to support Irack,casing or be decided upon I eir merits
concrete encasement must be installed Length of casing measured at rigghl angles 6. Losing shall be so inslaNed as to prevent formolion of waterway under 30 7 1t2
to track shall extend each side of center line of frock five feel plus?he vertical the railway It shall have even bearing throughout its length and shall slope 33 8 /2
distance from bottom of he to top of cosmg or mcasemeal but not less than tan toward one end 36 9 /2
fee/,except that where casing is installed through railroad embonkma#if shall 7 Regardless of the strength of carrier pipe, casings must be provided
,,lend beyond slope of embankment at a///acolians where pipe crosses under drainage ditches if cover is less
3 When practicable casings and corner pipes may be installed by the locking or than 3 0» Casing under ditch may be separate from or a Continuation A A .
boring methods If These methods are used the minimum deplh from baflam of casing under track, and must extend a minimum of P 0»beyond fop '—' 2`0�c
of fie to top of pipe or bore must be 3`-0'or one pipe diameter,whichever shoulders on each side of the ditch
is greater, however where there is good cohesive soil the dopfh fray 8 When placed in open cut, pipe lines having diameter of 36»or u .�--
be less than one pipe diameter but not less than 3'--0; wdh less when crossing frocks other than main frocks and sidings,may F. °
special permission of the Chief Engineer If installed by tunneling be encased In concrete os shown in Table 1T I ':
or baring, the space around casing or carrier pipe must be backfilled 9 Where the ends of the casing are below ground, they shall be l'
with grout or sand scaled to suitably protect against the entrance of foreign mafena/ °
4 No pipe lines shall be /old through or under, bridges or culverts, which might prevent ready removal of Ike carrier pipe a Ie
where there is likelihood of restricling the area required for the Where the ends of the casing are at or above ground surface d
purpose for which the bridges or culverts were built, or endangering and above high water level, they may be left open, provided drainage .I
foundations of imporlon/ structures is afforded is such a manner that leakage will be conductedCll°ar
5 If additional frocks are constructed in the fulure,the protection away from Ike roadbed and structures ° z
shall be correspondingly extended ;q
6 Inverted siphons for drainage or irrigation ditches (C S 17051 e a p
using steel pipe with welded or screwed joints or corragaled iron �—'--- --- m
pipe with a// seams one joints close riveled and soldered hovmg a
diameter of 48 Inches or less and the required strength to support CARRIER PIPE'
!rock,may be installed without a casing I Carrier pipe shall be of an approved type with water-light SOUTHERN PACIFIC LINES
CASING joints COMMON STANDARD
I Casing may be of either corrugated iron smooth steel or concrete 2 Corrugated Iron, smooth steel or concrete carrier pipe
/t shall have sufficient strength to supporT track,except that o when used withoaif a casing shall have the some strength Pl PE Ll N ES
lighter casing may he used for ins/0I/01/on purposes as provided required above for casings
in General Rule 2 above 3Cast iron carrier pipe used without or easing she// have FOR NON-FLAMMABLE SUBSTANCES
Nestable (knocked down) type plain galvanized corrugated pipe lhickness not less than that specified for Class 150 Cost Iron CROSSING UNDER TRACK
of gage corresponding to requirements of Table / may be pipe
used to protect carrier pipes that are already in place NO SCALE ADOPTED APR 20,1953
REVISED JAN 5, 1970
a