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HomeMy WebLinkAboutDeeds & Easements_2-1935E Vctob-P 3, 1935 . , U_U, €L&e rrcuint of a cods :.y "gY"=`..t?eat to Caubtruct u:1atnacsi.:l"�ain 3 t�;Y�way o fe 'oar grail :'ty at '.Lmb f. t ecti itie G mil V:)ur b%t•!° li.J ti to the request to rem(-0 C ft UQc:-.�MUt, Oz Slailur nature a'Lit' e li}l. :ii.senc of ?"'cov d is tue roug"t up "L Co'„li c l- etj",_, to We necess- ity Plec.W "UY an to vole Ames W he natter. s. 00�,ei;,,4tl,le,6 V eZ4 LOS ANGELES CALIFORNIA IN REPLY PLCASE REFER TO C F DONNATIN, GM10-06570 SUPERINTENDENT October 7, 1935 illir C . P. Hook, Cit- Clerl�, ate ? -L Ci-"-7 of Redlands, Radlands, California. "our lot-tor of Octoboe3 ac 1:11,ol.j la df,ing ilecelpt ol- copy of agreeme4t to construct and ina:Lntaln a 'hi(,lmlay over Southor3a Pacific -MoPertY at Tomas 83treot, PeOlands : 12a tliis coseg !,j arc dos2-rous of having this document- recorded and Will astir- yo-a to 17-Lndly ftp 7.91-5ki S•2660 �rcm LOS ANGE I-ES CALIFORNIA IN REPLY PLEASE REFER TO C F DONNATIN, SUPERINTENDENT G d--965'70 September 26, 1935. City Clerk, City Hall, Redlands, Cal. Dear Sir Enclosed is fully executed counterpart of agreement dated August 13, 1935 between Southern :pacific Company, Sou- thern outhern Pacific Railroad Oompasy and the City of Redlands, c ov- j(Ii f j1Y 'r 10 �, I X36 �s esQItition Authorizing Toxecution of A �u Z r 7rn 2The City Attorney drssentedp in triplicate, a ;proposagreement betw!a9a the bouthern. Pecific Ra-' ,road Company a4City, which a ;resment in affoct is an a ;sty ent: granting tCity by the Southern pacific Railroad Com )any of tk'je r#gh5 l la.;y and maintain a portion of Highway 99 over and across triangular portion of the rloit of spay of Lkis Southern pe . 6 Railroad Compang i ed1,�:ted,y adjacent to and west of Texas Street, 7 and rsked that t2iis body ?4dopt a resolution authorizing the execution of said L Lgeorient by the Mayor and City Clerk and, t.htt $ the City be bound by the covenants therein contained which are to be kept find , arfox'med by the City, 9 10 On notion of Councilman Mancha Bruggemever � seconded byCouzw-'U-nate Theodor.D Krumm and wisalf mousIy 11 adopted, 12 1T 15 pESOLVFD that the City of Redlands enter into the sail" 13 afire-9ment, thpt► the City be bound by all the duties and obligat::ions therein imposed by it to be kept and performed, and tkmt upon said 14 con,t:rcet being executed by Ule Southern P&ci.fir Railroad Company, the same become bindinS upon this City. 15 16 Ii C. p, Hook, City Clerk of the City of Redd ands, do hsroby =- 17 certify t4k XO"901349._ tc, 40 a X"" -arr.eat copy of :. --solution adopted by the City -Ccuwil of the City of Redlends 18 at,..ft areSular naLiting t=hs,%--of hold on the 7th dray of August, 1935; 1 thet said resolution has not been rescinded s nd is now in full 19 force and offset. 20 U U City Cl.erk of too City of ?sd .andr� 22 23 24 M 25 26 27 28 29 30 31 32 i I j 8 34—L0 ' 1 F L 7362 SOUTHERN PACIFIC COMPANY (Pacific LizxoS) (Approved as to Form by General Solicitor) August 7 1934 ROAD OR HIGHWAY CROSSING TRACKS AT GRADE C' 4bi 3ubenturr, made this J day of 19 between SOUTHERN PACIFIC COMPANY, a corporation of e Slate of Kentucky, and --X herein collectively termed first party, and of h s second party ttnL,sgM4, That first party hereby grants to second party (subject to the conditions hereinafter contained) the right to construct and maintain a Highway upon and across th atcertant parcel of land situated in theCountyof State of `°"" and tying within the railroad right of way of first party, and described as follows, to-wit That portion of the Rigit Of W feet fid Citying and being In the statemCal , more T MMIM110, at the point Of Intersection of the NoVthti.FeztCrly line Of said 50 foot Ri �"t Of '18Y With t1le -" iter T %Let m feet Idt Point- � of the P .Aght, of Neq of the Atchiaonj Topeka and S=ta 17 said s�iasterjy street Ll 52.66 feet, to a P0 t In the Southeasterly �l. 'Wo uthwwterly .. southeast radius of 9 s ae-lietwies or 2.25 feet =S1 a-ad baVirg a alongwesterly radius of UM feet, a distMICe of 73*40 feet to a point in aforesaid Nort.Tn,rester:Ly Rip �it of "lthereon along the am of a curves co=are to the S 19%*91 be h feet,x a dibtwme Of ?3*49 fest tO the PO" Of ;E= .1ving an area tinte ' 10 of JOW square feet,* move or lose, as shmm in d co ng m blw3,- AngsleZ DIViSion DrWATIF, A-IM Sheet Na s hervto attached and made a Part IleMOf o pirst party agrees to fn=15h and installard thereafter . „. m ll *f the St&te j7 for thecosi U s ljW . . .... � ., 4- A ttest M ' CM CV RMJ= By a Attest ... d ° Ac crossing of said highway over the tracks of first party shall be constructed and maintained at the grade of sa.d tracks now or hereafter existing This grant is subject and subordinate to the prior and continuing right and obligation of first party and its successors to use and maintain its entire railroad right of way and property tat performance of its public ditty as a common carrier, and is also subject to the right and power of first party and its successors iii interest or ownership of the said railroad right of say and property to use the said lands hereinabove described or any and all parts thereof for all purposes which are consistent with the enjoyment of the easinent for highway purposes herein granted to second party Arid should second party, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the sante for said purpose for a continuous period of one year, the right Hereby giz,en shall cease to the extent of the use so abandoned or discontinued, aird first party shall at once have the right to addition to but Trot tit qualification of the rights hereinabove reserved, to resume eacliasive possession of the said land, of the part thereof the use of which is so discorr awed or abandoned Second party in consideration of this grant shall construct said highway and keep the sante In good con dition and repair on the premises hereinabove described as long as the same shall be maintamed thereon, in- cluding any and all paving thereof and other highway Improvements at its sole cost and expense, provided, however, t.h7t first party shall furirisb the materials and perforin the 7tork ob ; � ' �'- rnaititaintng said crosstitg between the rails of said tracks aird fora distance of not more than two (a) feet front the outside of said rail z, st Second party further agrees to mdenini f y and save harmless first Harty against any aird all cost and expense incuried by second party as here in this paragraph provided As a further consideration for this grant second party agrees to reimburse first party for any aird all assessments whicb may be levied by order of any authorited, lawful body against the property of first party (and which stay have been paid by first party) to defray any part of the cost or expense incurred by second party tit connection e;,,ath the construction, reconstruction, widening, rexidenmg ard/oi maintenance of said Highway 1 his rirstrunterit is subject to all valid and existing contracts leases, liens or encu,nbrance.s or clams of title which may affect the said property, and the word CRANI as used herein shall not be construed as a cove- pant against the ewstence of any thereof « - IN 11M NESS WI�IL REOF, the parties hereto have c p aused these presents to be executed by their respective officers thereutito duly authorited, the day and year first above written (Ta Triplieate) SOUI HLRN Pry""II", co",P� Y, Z By Vice tes •a A ssistant Secretary Almo z All presidelit Attest r- 17 By �'Lq;/� r . ` ' fittest i 'i f _ by Genral�Solicitor August 7, 1934 NOTARIAL ACKNOWLEDGMENT SOUTHERN PACIFIC COMPANY SOUTHERN PACIFIC RAILROAD COMPANY STATE OF CALIFORNIA, } ss CITY AND COUNTY OF SAN FRANCISCO k On this l - day of -- - 19 � before me - -_: K HARVEY , a Notary Publican and for said City and County of San Francisco, State of California, personally appeared I H DYER and ROY G MLI-E ter;,� known to me to be the VICE PRESIDENT and ASSISTANT SECRETARY, respectively, of SOUTHERN PACIFIC COMPANY, one of the corporations that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of Southern Pacific Company, and each of them acknowledged to me that such corporation executed the same, and personally appeared _'tbY V_ HUUP and D.F. known to me to be the VICE PRESIDENT and kST_ANT_SECRETARY, respectively, of SOUTHERN PACIFIC RAILROAD COMPANY, one of the corporations that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of Southern Pacific Railroad Company, and each of them 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 said City and County of San Francisco, State of California, on the day and year in this certificate first above written Not y Public in and fo the City and County of San Francisco, State of California RA Q81TPL9T ?,orrcr�oL STA"',, OF CALIFOITTI4, 3 COMIT Cr, SAS+?' ,, nARDTT0. ) On this day of 19 35 before 3:te, lkl-- Al,TotaxSr Public in and for the County of Sari Berr?--trdino, ^tate of California, pons orally appeared and �. 1,7w:m to rye to be the Mayor and C7 erk, respectively, of the City of Redlands, the municipal corporation that e=xecuted the within instrument, and knovm to me to be the persons who executed the --thin instrument on behalf of the City of Redlands , and each of thea acIma-irledged to ane that such municipal corporatiox executed the same. �y M ry ��� ,,,g IN 15r .> ;i L i~�lf� 1 ha hereunto set �..y6S13tA '�L1Li affixed xny of a1 seal , at my offices in the said County of San Bernardino, estate of California, on the day mid year in this cert.V-Uate :drat above •tritten.. . Notary awry ' c In and for the - County of San Bernar-,lino,, 0tate State of California, City of Redlands. I, C. P. Hook, City Clerk of the City of Redlands, California, hereby certify that at a regular meeting of the City Council of the City Of Redlands, held __ -� , 193v 1the hereto attached tee2 ,totiald City"was duly accepted and ordered placed of record. WITNESS my hand and official seal, this � -� day of -- 193 . City Clerk. L. A, - DRAWING A-1 f C rl SHEET Na. T lb S Q. rz ll 90 :s� .-. �Gr• Z�5' � a. s `�'' cis For ITriprovener, of ,o Sin Brrda line wcrnf� Ln SOUTHERN PACIFIC COMPANY �[ PACIFIC LINES R E D L AN D S --Z"tc-' ST. f i r'Inf- Prop.Zasement PROP EASEMENT TO CITY OF REDL Ral'W-Lines FOR CENTRAL AVE, SCALE I'W' Nov. 24, PREPARED IN OPP'ICLr OF DIV- '5IJP7•--L.A. DRAWER