HomeMy WebLinkAboutContracts & Agreements_8-1961FHP -- 12/19/60 - .- V - 932655/312-21
0
THIS INDENTURE, made this 12 of
196 + , by and between SOUTHERN
PACIF6 COMPANY, a corporation of the State of Delaware,
herein termed "Railroad," and CITY OF REDIA NDS, a munidipal
corporation of the State of California, herein termed "Grantee";
%U TNESSETH
1. Railroad, for and in consideration of the
faithful performance by Grantee of all the terms, covenants
and conditions herein contained, hereby grants to Grantee
the right to construct, reconstruct, maintain and operate one
(1) 12" diameter 14--gauge corrugated metal drain pipe, herein-
after termed "structure," beneath the tracks and property of
Railroad at Redlands, in the County of San Bernardino, State
of California, crossing the center line of Railroadts tracks
at Engineer Station 256+73, in the approximate location shown
in red on the attached print of Railroadts Los Angeles
Division Drawing A-5250, Sheet Number 1, Revised October 25,
1960.
Said structure shall be constructed and maintained
in accordance with the specifications indicated on the print
of Railroadts Drawing CS-1741, alto attached hereto.
y
PHOTOSTATED
GRANTEE
FEY 27 2 oa PN'sr
li0S
5E J ifl0CMii Ct�poFLM
a
NO FEE ePurx
l0-4-60 Form C.
BOJOK5362 MOM
2. This grant is made subject and subordinate to the prior and con-
tinuing 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 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 pipe line facilities and appurtenances in, upon, over, under,
across and along said property.
3. This grant is made subject to all licenses, leases, easements, re
strictions, conditions, covenants, encumbrances,, liens and claims of title 1"
which may affect said property and the word GRAINT as used herein shall not Go
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 constructing,
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 Rail-
road 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.
6. 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 privilege of en-
try on said property for the purpose of constructing, reconstructing, main-
taining 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 satisfaction of Railroad. If Grantee
fails to keep said property in a good and safe condition free from waste, then
Railroad may perform the necessary work at the expense of Grantee, which ex-
pense 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 pro-
perty 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 agree-
ment with the railroad company which operates on said property, satisfactory
---to said company and indemnifying Railroad from and against all claims, lia-
bility, 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 ex-
pense to Railroad, a reliable surety bond, in an amount and in a form
satisfactory to said company, guaranteeing the faithful performance of
-2 -
10/4/50. - Form. C
205362 PAGE299
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. 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 continuous period of
IN&
one (1) year, the right hereby given shall cease to the extent of the
Cc
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 discontinued 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 prop-
erty and restore said property as nearly as practicable to the same state
and condition in which it existed prior to the construction of said struc-
ture. 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.
10. This indenture shall inure to the benefit of and be binding upon
the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed in duplicate as of the day and year first herein written.
SY�
" TP10
.L' .
icy
.gboLo.
At
C IT REDL,
L
By
Mayor
o(rj2
/ ej 2 -d
zrk , ,
- 3 -
---
STATE OF CALIFORNIA, ss.
City and County of San Francisco
On this day of in the year One Thousand Nine Hundred and Sixty
before me, NORMA T. STON�E,allota,y'P blicinand for the Ci and County of an��ranci7c �S of California, personally appear',
(65 Market St.) W. D. Larapr ht an ,known to e be the Vice President and Assistant
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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in the City and County of San Francisco, tine day and year in
this certificate first above written.
Corporation Notary Pub is in and for the City a ounTy of gan Francisco, State of California.
S
My Commission Expires October 25, 1964.
. - -- 618 - ---- - -- -- - _ _
�s
CQ
cc
cs
-
L EGEt,3G
--- RED- POOP clE EASEM�N``' FOP tip"CM P
- - 50U. PAC..PROPERmY \-kNES
- - L.A. DIVIN.
�l!1 DRAWNG-A-5 Z=
11 SHEET NO -
aI A In
LOr '
V rm.
Ito F • ' vj
Proposed 1Z' OiQ. CMP +
�A NDS Srt 14
.
��`�'
g~= ~.�_�Q
,!
•
-�--ate_.,. _
yam- - �
C�
,(I
SOuTHEIZN PA.,CXWIC COMPANY
m Av
REDLANDS 2v-9-5T-1NA?,NER
�
N
v
prop. c�se.rrlet,i Tc� C.-i�t.� OF �}
�?
Redlcind5 For tZ"CM.P X-ING d
0
Q
SCALD 300' DA. J"AN.27, +959
NOTE - 17' R,OF W-
P-e..v.
�t-
Note, For pipe /roes carrying
f/9127117a6/e 5u6sfon0e7
see C. S. 1742.
'-Carrier Pipe
i5o
PIPE IN EMBANKMENT
#19117 Track
or Sidfna
of Ditch or
4 I
t►t Casing Pipe ��� Carrier Pipe-�
Pipe Line under pressure
0" /2=0"
(See Genera/ Rule 2) PIPE IN CUT
RULES GOYERN/NG THE /NSTALLA7/01V OF PIPE LINES 7RANW177'ING
WATER OR OTN£R NON-FLAMMABLE SUBSTANGES WHEN CROSSING
UNDER TRACKS:
GENERAL
/. Distance from bollom of tie /o /op of pipe, casing ar corrcrele
encasement shall be not less lhan 3-0'.
2 Pipe Iinrs under pressure, cross/rig male 1raCk5 and s/dings, shall
he /nslalled /n an approved casing. Length of such casing shall he
as shone on the draw/ng shore.
3 Pipe Awes under pressure crossmy tracks other than ma/n lracks
sad sidings, and ppe /rises Trot under pressure crossing any /rack,
do riot rerlurte a casing praridcd the carrier pipe is of sufficient
slrenglh /o support the back and has water - t/ghl jo/nfs. For suc/i
it oe haves, caslwgs l/ghter than spec/lied rw Ta6le I far supporting
back may he used for /nslal//ng,ope, provided the space helmeea carrier
pipe and casing /s bacFrr%led w/th groat or ,sand.
If center pipe does nol have sufficient strerrg}h to supoorf (rack,
cas/ng or cown-ele encaminwl must he installed. Lenglh of casing
measured at right angles /o track shall extend each side of center
1/ne of track four feel plus the vertical distance from bollom Oe 11C
/o lop of casing or encasement bill not less than ten feel, except
lhal ryhere cas/ny 15 installed lhraugfr railroad emhankmenl /t 5ha11
exlend beyond slope of emdp'nkment.
4 No pipe lures sha11 he lelo' through air under br/dyes er culverts,
where lere /5 //kelihood of restncl/rg the area re ju/red Poi' •the
purpose for wh/ch the hridges or culverts were bu//t, or endo7gerirrg
PoundalIons of /rnporlenl sl-ue/ores.
5. If add/ltonal /racks are conslrucled ire the future, the protect/on
shall be corresomel, g/y c xtended.
6. Inverted siphons for drainage or irriyal/on ditches (C• S 17OSJ
ushn steer rope w/fh welded or scre)ued joints or corrugated /r0/7
p/pe w/th a// seams ono' jo/nls close r/veled acid soldered, ha;,117 a
d/ameler of 48 inches or 1es5 and the refilired strerrglh /o support
frock, rrfay he inslalled wit/fout a cas/ng.
CASINGS
1. Cas7ng may he of either corrugated bran, smaolh steel or- concrele
It shall have suff/cient slrenglh to support track, except that a
/ig.3ler casing may he ,used for Installation purpo es as provided
in General Rule 3 above.
Nestab/e (knocked down) type plain ga/ragizeo' corrugated pipe
of gage c0rre3pondir9g /o rerjuirerrrents of 7dhle I may 6e
used to protect carrier pipes lhat are already in p/ace.
2. Meta/ casing for 8110,00HIn0 track sha// com'arM to thicknesses
3hvfvn in Tab/e 7 and sha/!hare ,joints of either screw, roeIdea or
riveted type. I/ sha// be ga//<anized or shall be dipped in preservative
mate+ria/ and thoraugh/y coated inside and arrfside.
3. Concrete casing for supporting track sha// have /he sfreagth
specified m Curren/ IS71V Serial Designation 0-76, Class fi/.
All , joints sha// be water- tight and of an approved type of
cagslruction.
4. The inside diameter Of cas/ng shall be at least 2 inches
greater than the largest outside diameter 0,- carrier 0/pe.
S. vines of casing /anger than shown in Tab/e I are special cases
and w111 be dcxibed upon menXS.
S. Casing sha// be so testa/led a5 lv prevent formation of fa aterway
under the rat/way. It sha11 have even hearing lhroughoul //r length
and shall slope tofrdrd one eW .
7. When prac�'icab/e, cas/ng may he testa/led 0 the jacking or
boring method. If testa/led by tunneling, space around carrier p/pe
must be backl/lled with growl or sand.
3, kllhm placed /n open cut, ope /Ines having d/ameler e 36' or
less, when crossmq lracks olher /hair maim lracks and sid/ngs,may
be encased in concrete as shofe17 117 Tab/e T.
9. Where the ends of the casing are be%ofv ground, they shall be
suitably orate&ee against /he enlrarrce of foreign material,
Wh/ch m/ghl orevem" ready removal of the carrier ol;2e.
inhere the ends of the casing are at or above ground surface and
aboYc h/gh seater level, they may be lell open, prov/ded dra/page
is afforded in such a manner that leakage will be conducted
away from The roadbed and struclares .
/0. Requirements for casings for pipes under maim lracks and
sidings in dedicated slreels may be modified when aulhor/zed
by CIMl ,c Engineer.
G4RRIER PIPE
/. Carrier pipe shell be of an approved type w11h water -light
joints.
2. Corrugaled iron, smooth steel or concrele carrier pbpe
when used m,1Nul a casing shall have Me same sr`rerylh as
required above for casings_
3. Cast iron carrier %e used fsilhout a cas/r�g she// have a
lh/ckness nol less than lhef' specified for Class 150 Caul Iron pipe.
1741
TABLE I
TH/CXNESS OF P/PE CASINGS
FOR SUPPORT/NG TRACK
Inside
Diameter
Corrugated
Iron Pipe
Smooth
Steel Pipe
Inches
US. Std.
Gage No.
///n.7hictl7es
Inches
4 to /O
/4
le
/2
/4
airs
15,16
/4
4
21,24
12
P4
.30 36
10
-5116
48,54, 60
8
TABLE; ff
CONCRETE ENCASEMENT
FOR PIPES
a,
Inches
A
Inches
Number of
Long//adinal
%2"¢ Bars
10.12
4
4
IS
5
1 4
/8
5
d
2/,24 27
6
8
30
7
12
33
8
/2
36
9
12
A %a"oSlirrups A
—'1 2=0"c.lo C.
SOUTHERN PACIFIC LINES
COMMON STANDARD
PIPE LINES
FOR NON-FLAMMABLE SUBSTANCES
CROSSING UNDER TRACK
NO SCALE ADOPTED APR. 20, 1953
RESOLUTION NO. 2097
ego. , m �4j C�
RESOLUTION CONCERNING GRANT OF EASEKENT TO THE CITY OF REDLANDS, CALIFORNIA,
FROM:
SOUTHERN PACIFIC COMPANY
RESOLVED: that the City Council of the City of Redlands, California, has
received from the SOUTHERN PACIFIC COMPANY, a Grant of Easement in the City of
Redlands, County of San Bernardino, State of California_, said easement dated
January 17 1961 `, and described as follows-.
The Railroad hereby grants to the Grantee the right to construct,, reconstruct,
maintain and operate one (1) 12" diameter 14-gauge corrugated metal drain pipe,,
hereinafter termed 'lstructure.,2� beneath the tracks and property of the Rail-
road at Judson Street,_in...Redlands, an the County of San Bernardino_, State of
California., crossing the center line of Railr°oad�s tracks at Engineer Station
Station 256 730
BE IT FURTHER RESOLVED AND ORDERED that the Mayor or the City Manager of
the City of Redlands is hereby authorized; empowered and directed to accept said
grant of easement on behalf of the City of Redlands.
ADOPTED., SIGNED AND APPROVED this 17th ___day of January , 1961
ar es W.Paarker
Mayor of the City of Redlands
ATTESTS
UJ-T,y Ufrx
APPROVED FOR FOR�M.��G
Edwar° F. Ta lor,�
City ttorney
f
,2EENDFICATE OF .ACCEPT .K
Grant of QJ
This to to certify that the interest in reach. Property conveyed by !kx-I
Easement Qx
date j ..January 1..,,� i
61 , froE.,iS_o.utherer
—_ cO anY n� , �.� .Y —_ to the City of Redlands, a political
corpor ica and/or goverumental agency is hereby acaeptncI by order of toe €;i.ty
Council on ��Z.,�,r.����.= lt� (mil , 9nd the Grantee consents to sre--
card ation thereon by its Cir.'sly airtho isi!d officer.
Dated. � Febru.��. 19 61
BY.,
y Man,