HomeMy WebLinkAboutContracts & Agreements_46-1980_CCv0001.pdf [RAF VI 8/21/801
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name
Street
Address
City
State
ZIp
SPACE ABOVE THIS LINE FOR R�,E,�ADIFR
RELMIS: BP- 546.12 (N) �;
. ..........
�U111S--,IKDEN!T!U?Mt,, m4dam,. ,is day o
f 1980, by
I and -between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corpora-
tion, herein termed "Railroad," and CITY OF REDLANDS, a municipal corpora+
tion of the State of California, address: 30 Cajon Street, Redlands,
California 92373, herein termed "Grantee; "
WITNESSETH:
1. Railroad hereby grants to Granteer subject to the reservations
covenants and conditions herein contained, the right to reconstruct,
maintain and operate a six (6) inch water pipeline, hereinafter termed
structure," in, upon, along, across and beneath the property and tracks
of Railroad, at or near Motor Junction, in the County of San Bernardino,
State of California, crossing the center line of said tracks at Engineer
Station 101+77, Mile Post 546.12, in the location shown on the print of
Railroad ts Los Angeles Division Drawing LADE-02, Sheet No. 21 dated
January 3, ,1980, attached and made a part hereof.
1-a. It is understood and agreed that said structure shall be
installed by Mark A. Ostoich under separate arrangement with Railroad.
This indenture shall not become effective until such date as the Grantee
has accepted the said structure into its utility system. Grantee agrees
to notify Railroad of such date.
Farm C=-1-
March, 1980
2. Project :markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and con-
stantly
on-stare Y 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 with-
out expense to Railroad.
Absence of markers does not constituter a warranty by Railroad
of no subsurface installations.
3.•, 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 performance
of its duty as a common carrier, and 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.
4 This grant is made subject to all licenses, leases, ease-
ments, restrictions, conditionscovenants, encumbrances, liens and
clan.ms 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.
5. 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 (l) year from, the date: first herein written-.
6. Grantee shall bearthe entire cost and expense of
reconstructing and maintaining said structure upon said property..
Grantee agrees that all work upon or in connection with said structure
shall be dome at such times andin such manner as not to interfere in
y way whatsoever with the operations of Railroad. The pians for and
the reconstruction of said structure shall be subject
to the approval of Railroad.
Grantee agrees to reimburse Railroad for the cast and expense to
Railroad of furnishing any materials or performing any labor in connec-
tion with the constmMWAW, reconstruction, maintenance and removal of
said structure, including, but not limited to, the installation and re-
moval
e-mo *al of such falsework and other protection beneath or along Railroad's
asks, and the furnishing of such watchmen, flagmen and spectors as
Railroad deems necessary.
7. In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct, alter, rake changes in the
location of said structure or otherwise improve said structure upon
receipt of written notice from Railroad so to do.
-
Form -
March, 19€ 0
8. In the event of leakage or spillage from said structure or
any vehicle in the control or custody of Grantee or any contractor
for Grantee, Grantee shall, at its own expense, promptly clean Rail-
road's premises to the satisfaction of Railroad, the Environmental
ProtectionAgencyand/or any public body having jurisdiction in the
matter, Any expense of required compliance with federal, state or
local environmental regulations incurred by Railroad or Grantee shall
be borne by Grantee, including any fines and judgments levied against
Railroad or its property.
9. 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 (end 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 datefirstherein written.
10. Grantee, its agents and employees subject to provisions hereof,
shall have the privilege of entry on said property for the purpose of
reconstructing, maintaining and making necessary repairs
to said structure. Grantee agrees to give Railroad five (5) days ' writ-
ten notice prior to commencement of any work` on said structure, except
emergency repairs, in which <event Grantee shall notifyRailroad 's author-
ized representative by phone. 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 ger.°form the necessary work
at the expense of Grantee, which expense Grantee agrees to pay to Railroad:
upon demand.
11. 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 prop-
erty 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 Railroad, satisfactory to Railroad, and indemnifying
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 bund in an amount and in a form satis-
factory to Railroad guaranteeing the faithful performance of all the terms,
covenants and conditions contained in said agreement.
12. Grantee shall assume all risk of damage to said structure and
appurtenances and to any other property of Grantee, or any property under
the control or custody of Grantee while upon or near the property of Rail-
road incident to the = a.. kreconstruction or maintenance of said
structure, caused by or contributed to in any way by the construction,
operation, maintenance or presence of Railroad ' s Zine of railroad at the
above-mentioned location.
Form c-�l.
--1980
insofar as it lawfully may, Grantee agrees
reify Railroadj, its officers, employees, agents, successors and assigns#
from all claim , liability, cost and expense .hows6aver
caused., including reasonable attorney fees, for lose of or damaj* to
property and for injuries to or death of persons wising out of the
reconstruction, maintenance, presence, 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# shall be construed
to include, in addition to Railroad, the successors, assigns
affil-
iated companies of Railroad and any other railroad company that Say be
lawfulXy operating upon and over the tracks crossing
structure,, and the officers and employees thereof.
13. 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. (l) gear, °the right hereby given shall cease to the extent of the
use spa abandoned or discontinued, and Railroad shall at once have the
right, in addition to but not in qualification of the rights'
above reserved, to resume exclusive possession of said; property or the
part thereof the use of which is so discontinued or ab`
Upon termination of the rights and privileges hereby grante4j, Gram
tee, at its own cast and expense, 'agrees to remove said structure,
said property and restore said property as nearly as practicable
same state and condition in which it existed prior to the construction
of said structure. Should Grantee in such event fall, neglect or refuse
;$ to remove said structure and restore said property, such removal and res
torat:ion may be performed by Railroad, at the expense of Grantee, which
expense Grantee agrees to gay to Railroad upon demand, ' or Railroad mayr
at its option, assume ownership of said structure.
14. This indenture shall inure to the benefit of and be bindinq
upon the successors and assigns of the parties hereto. '
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year irst herein written.
SOUTHERN PACIFIC TRANSPORT "BION {:I!I'1' OFx
* '40,
BY O
retract [90Pt. dor
A. s i a nt Secreta a X
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rom C-1
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insofar as it lawfully '2"u indam-
"fully y
caused* includinq r�",* att-0:Ty 'to" go to
property and ftr injuries to or death f pars of the
said structuro., regardless of any nogliganco or alleged negligence on
the part of Railroad anployoos.
The word *Railroad,,* as used in this section, shall be construed
to include,. in addition to Railroad, the successors, assigns and affill-
iated companies of Railroad any 'other railroad Company that may be
-TATE CF CALIPOPaTIA �� and over the tracks crossing or adjacent to said
City and County of San Francisco)) _� -� � f•
On this
before, me, SSU SER in the
year One Thousand dine Hundred
City and County of San (One Market plaza) and Hi gat
Sari Francisco, State ofFrancisco, State of a notary public `' y�
be the Assist' California California, for the Cit in and for the
Manager, , personally appeared W. y and County. of
that executed the wit hit��iContrrat Department, J. Honold known
executed it on behalf of of the corporation describe to me to
the co and also known to me to be the person who and
than such. corporation executed the state.
rpe same.ion therein named and be acknowledged to me
`j CHFi#STHER M. l.UIN and affixed m I have hereunto set
my seal atm my hand
NOTARY PU8LIC AlI��lFtl'�MA : City and County of San Francisco,aythefice day in the
PRINCIPAL PACE SU5114ESS #M Year in this certificate fi et ab ove writteand
n.
' CITY' RNLI COUNTYOF
AN FRANCFSCp c t
}. MY ComnatsSion Expires Aptii�, T�3 tart' u C n an
Z " - San Francisco, State ofrC ifortyaan aunty 0
avituv,}} structure. Shouter c...:.._
"g,
..
Y
STATE OF CALIFORNIA
COUNTY OF SAS RERL�Al�t7INC!)
`} 1980 before e, the undersigned, a Notary
CLQ
October 9,
Public 'in and for said County at Mate, personally appeased
known to `me to be Ma or
Charles G. Dfiir ' n
and Peggy Mese et' known to me to l:�e' City Clerk
the
ciwithi , and known
f the City of Redlands that e-Xecutedninstr�amen�ton behalf Of
to e to be the persons who 'executed the within
the City € Redlands, and acknowledged to me that they executed the
within instrument pursuant to minutes of the City Council o the City
of Redlands.
WITNESS my hand and official, seal.
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CITY STAT ZIP s
PURPOSE
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3. Distant* from f tio to top
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otherwise carrierpipe
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Carr., Metal ..
Pip* Length
Carrier
easing, .. ..
If pipe is reinforced conerator—A.STM,
Designation '
.. If pip* to it "
Fern Sketch:
Plan ,itross section and dostription at trach
or tracks under which proposed pipe is to
be placod together its oil necessary
dimonsions : �.
Sou. Pea.1pr0p,*r,t.yLidProposed tr+ a r r r
RESOLUTION NO. 3719
A Resolution of the City Council of the City of Redlands Authorizing
the Execution and Acceptance of an Agreement with The Southern
Pacific Transportation Company for the Installation of a 6-Inch
Waterline in Citrus Avenue west of Kansas Street , dated August 26, 3,980 .
NOW THEREFORE, be it resolved by the Cil[ Council of tile City of
Redlands , as follows :
1 . That the City of Redlands enter into an agreement with the
Southern Pacific Transportation Company, dated August 26 , 1980 ,
for the installation of a 6-Inch waterline across the Company' s
Teal property and tracks in Citrus Avenue ,, west of Kansas
Street .
2 . That the Mayor and City Clerk are hereby authorized to execute
the agreement dated August 26 , 1980 .
ADOPTED, SIGNED AND APPROVED this 7th day of October, 1980.
ai ,,,;R'
ATTEST:
City
APPROVED FOR FORM:
s/ Edward F. Taylor
City -Attorney
NEW BUSINESS
Ordinance No. 1736, an ordinance of the City of Redlands;
ordinance amending the Redlands Ordinance Code concerning refunds
No. 1736 of water and ewer installation fees was givers fist
reading of the title and laid over under the rules with
Water and second reading set for October 21, 1980, at 7: 00 P.M.
Serer Fees This was discussed briefly, former Councilman Knudsen
requested that Council extend the time period for
receiving reimbursement to fifteen years under this new
ordinance.
Resolution On motion of Councilman Riordan, seconded; by Councilman
No. 3715 Martinez, Resolution_ No. :3715, a resolution of the City
Council approving Supplement No. 6 of the taster Agree-
rent between the; City and State of California for the
Signals is installation of traffic signals at the intersections of,
Redlands Boulevard. at Alabama Street and orange Street
Agreement at Brockton Avenue, was unanimously approved.
Resolution No. 3719, a resolution of the City Council
Resolution authorizing and accepting an agreement with the Southern
No. 3719 ryPacific Transportation Company for the installation cif
3 a sig- inch waterline in Citrus Avenue, west of Kansas
Waterline Street, was unanimously adopted on motion of Councilman
Agreement Roth; seconded by ,Councilman Martinez, and the Mayor and
City Clerk were authorized to; sign in behalf of the City.
CITY MANAGER
On motion of Councilman Martinez, seconded by Councilman
Roth, Council unanimously authorized the City Clerk to
advertise for bids for the installation of traffic
Bid Call signals at Cajon Street and Olive Avenue, Cajon Street
and Fern Avenue, Colton. Avenue and Texas Street, Colton
Traffic Avenue and Church: Street, and Citrus Avenue at Judson and
Signals Ford Street. This is a budgeted Gas Tax item.. Public
Forks Director Donnelly then explained to audience
questions the criteria necessary to permit expenditure
of State Cas 'fax Funds for traffic signal installation.
Bid Call The City Clerk was also authorized to advertise for bids
for the .improvement of the southwest corner of Sessums
Street Drive and. Wabash Avenue on motion. of Councilman's Riordan,
Improvement seconded by Councilman Roth; this is also a budgeted
Cas Tax item..-
Page six -
October 7, 1980
, /O 'OU Approved: 10/7/80
AGREEMENT
{
Southern Pacific Transportation
Installation of 6-inch aerl ne in
Citrus avenue, west of Kansas St.
dated 8/26/80
{
x