HomeMy WebLinkAboutDeeds & Easements_24-1970E BDOH PACB 396
*HEN RECORDED MAIL To 426 AI REGUJEST
CITY CLERK, CITY NAIL REQUESTOR
REDLA14DS, CALIF. 92373
NO > E 1910 ' G tz! rye Ii
BOOK 0 PAGE 326
OFFU61-Q`ZC� )S
SAN BERIUt Pf') ']CO CALIF
CQJNtT ilcL[t'rFR~
'PROVED AS TO FARM 1AL COUNSEL,
AUGUST 188,, 1 1986 RAF _ 4/2/69 — VY — 45720/312-1 c.s 7302
960
STREET OR HIGHWAY EASEMENT
TRANSPORTATION
-14t,0 Ixt.druturr, ade this /G-Z day of � w��- �'— , 19 1 �r , by and between
SOUTHERN PACIFIC OMPANY, a corporation
of the State of e l away e, herein called "Railroad," and
CITY OF REDLANDS, a municipal corporation
of the State of California, herein tailed 'Grantee";
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or
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
similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rear- .
ranged 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 to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication andipeline facilities and ap-
purtenances in,upon,over,under, across or along said property. In event tracks are removed from said property, Rail-
This
shall not be obligated to make any change in the grade of said highway.
This grant 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
The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
is no commenced within one (1) year from the date first herein written
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, telephone or electric power lines in, upon, over, under, across or along said property, except as necessary for
maintenance of said highway
a6 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 bear the entire expense of constructing, reconstructing
and maintaining said highway The crossing of said highway over any 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
highway 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 t rp qquld Railroad abandon tracks leading to said highway, Rail-
road may abandon its rails, ties and appurtenak i'ph&K and leave the same in place. In such event, Railroad shall
not be liable for maintenance of the portion of said highway specified above
y g. As part consideration herefor, Grantee agrees to pay Railroad 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 or reconstruction of said highway commenced within one (1) year from the date first herein written
d 9 Should Grantee at any time abandon the use of said Ly or 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 aban-
doned 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 xJi�. �li , or the part thereof the use of which is so dis-
continued or abandoned Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
eluding the paving, from said property ofI q(� to restore said property as nearly as practicable to the same state
and condition in which it existed prior to"tl't� 1il ruction of said highway, and to bear the expense thereof Should
Grantee in such event fail, neglect or refuse to so remove said highway 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.
10. Should Railroad remove or abandon in place all of)t�f i''11 A�'P�at said location and Railroad no longer desires
to retain interest in said property, Grandee QPQ be requir Ig OfbU' lase Railroad's interest in said property at the
then fair market value.
11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties
hereto
aoux 7460 PAGE �`
A
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T f-,131 lr T64
- Bernardino
ON May 7 , 19 69, before me,
the undersigned, a Notary Public in and for said County and State, personally
' appeared Waldo F_ Rurrouah� a and Alice G. Walls
known to me to be the
o ' jdayor axed Deputy City C1Prk,rPRpeCtiyP;T
}• of the rity of gedla-n& , a Munir_i=al
MW Corporation that executed the within Instrument, known to me to be the
y Commis person who executed the within Instrument, on behalf of the Corporation, therein
named, and acknowledged to me that such Corporation executed the same.
a W3TNESs my hand and official seal.
iV'otarto PU' olse in and for saitt County find State
ACKNOWLEDGMENT-CORPORATION-WOLCOTTS FORM 222-REv 5 57 Martha E. Lewis 7000(
MY Commission expires 12-21_7o
Corporation Notary Public in and fdr��Cio San Francisco, State of California
My Commsssion Expires June 13, 1973
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RAF - 4/2/09 - VI R' L7460 SAGE 28
EXHIBIT A
Eureka Street
PARCEL 1:
The southerly 4 feet of Block "C" of Fairbanks and
Wilson Subdivision, in the City of Redlands, County of San
Bernardino, State of California, as per plat recorded in
Book 4, page 47, of Maps in the office of the County Recor-
der of said county.
EXCEPTING therefrom that portion thereof lying easterly
of that certain curve concave northwesterly, having a radius
of 25 feet and an arc length of 40.79 feet, in the westerly
boundary of that certain parcel of land conveyed as "an ease-
ment for the relocation of a grade crossing at First Street"
to City of Redlands by that certain Indenture, recorded on
April 19, 1961, in Book 5405, page 398, of Official Records
in the office of said county recorder.
PARCEL 2:
That portion of Block "C" of Fairbanks and Wilson Sub-
division, in the City of Redlands, County of San Bernardino,
State of California, as per plat recorded in Book 4, page 47,
of Maps in the office of the County Recorder of said county,
included within the following described lines:
Beginning at a point in the southerly line of said
Block "C", said point being the westerly terminus of that
certain course having a bearing and length of South 89058 °
16" West 100.16 feet in the southerly boundary of that cer-
. tain parcel of land conveyed as "an easement for the reloca-
tion of a grade crossing at First Street" to City of Redlands,
by that certain Indenture recorded on April 19, 1961, in Book �
5408, page 398, of Official Records in the office of said a
county recorder, said southerly line is to have the above
mentioned bearing as the basis for this description; thence
northeasterly and northwesterly, leaving said southerly line
of said Block "C"I along a curve to the left of a radius of
25 feet, through an angle of 93°2922" from a tangent that
is said certain course at last mentioned point, an arc dis-
tance of 40.79 feet to a point; thence northwesterly, along
a curve to the left of a radius of 475 feet from a tangent
that bears North 3°31106" West at said last mentioned point,
to a point in the northerly boundary of said Block "C"; thence
westerly along said northerly boundary, to a point in a curve
concentric with and distant westerly 7.00 feet, measured
radially, from said curve of a radius of 475 feet; thence
southeasterly along, s,aid concentric curve, to a compound curve
concave to the northwest, having a radius of 25 feet and being
tangent at its point of ending to the northerly line of the
southerly 4 feet of said Block "C"; thence southerly and
_._ _s --1__ .,.9 ___ I —_.& -----.d_.3__ 3 — __ — .d..U-- _%. n -4-1
i . a R, - 4/2/69 -- HT1 a �i� PAGE
a
The above-described parcels of land are shown on the
print of Railroad's Los Angeles Division Drawing 5174,
Sheet No. 1, dated January 29, 1969, attached and wade a
part hereof.
BOOK PAGE c)c
ry ,
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by Easement dated March 19, 4 19 704
from Southern Pacific Transportation Company
to the City of Redlands4 a political corporation and/or govern-
mental agency is hereby accepted by order of the City Council
on May 6, 4 191.9—V and the Grantee consents to
recordation thereof by itis duly authorized officer,
Datedi June 11, 1970 4 k�l
BYE _ t r. � A^�i
Cis y 'Ja'nager 1`
\�r
$-2269
southern Pacific
Land Company
610 South Main Street + Las Angeles, California 90014 . (213) 624 6161 IN REPLY PLEASE REFER TO
REAL ESTATE
W WSTEINER
DISTR1 GT MANAGER REAL ESTATE [[ n /^t
L M BROWH P-8662-Re 2-Re Bland s-C oTl2t1il-10
ASSISTANT DISTRICT MANAGER REAL ESTATE
June 83 1970
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. and Mrs. Robert J. Wagner
1 West State Street
Redlands, California
Dear Mr. and Mrs. Wagner:
Refers zo e _change of correspondence relative to
long-ten-z lease of Southern Pacific Transportation Company
property at Redlands, Calif.
In that regard, attached 3_s Fully executed and
acknowledged easement indentwe From Southern Pacific Transporta-
tion Company to the City of Redlands; for your delivery to
<�o roa
i
CIN
B LOC B Jo
.
` p M
V)
TO EH1 �~ BRANCN -
- _ - 7 Ze' WESTERLY TERMINUS.)
I S� 1 � �� , ►_ COURSE a 5 89`56'1 b"W 100.f6 PEEty'
PEI? n R X408
DETAIL
0. ( i '
C PARCEL R- St ;
C{t i
T �
PLAN
B L.0 C-/� K C ul
V
PROPOSED EASEMENT
PARCEL (A R E A -1 720
s.zo
` Um
5 # -- SOU PAC CO. PROPERTY LINES
s
-,SLY LIKE BLOCK C