HomeMy WebLinkAboutDeeds & Easements-5-77 E_CCv0001.pdf $ 'RAF - 45805/321-2 V1 - 9/21/76-
0
y
387
RECORDED IN OFFICIAL RECORDS
AT 9;30 AM
JAN 17 1977
[flE
B ]E V. DIENNIS VVA'r7,"D,.E
APPROVED AS TO FORM BY GENERAL COUNSELC,S,7362
MARCH 15, 1973 SZAN BERNARDINO COUNTY, CALIF.,
I'dile Post B-546.2-X(N)
STREET OR HIGHWAY EASEMENT
4to Inbruturro made this 24A-"- day of Ig by and between
SOUTHERN PACIFIC TRANSPORTATION C011PANY) a Delaware corporation,
herein called "Railroad", and
C177 OF REDL.,,INDS, a municipal corporation of the State of California,,
Post Office Box 2802 Redlands, California 92373,
herein called "Grantee";
Multralart4:
L 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 Simi-
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged
within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
space above said plane.
8. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and
assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication,
power and pipeline facilities in, upon, over, under, across or along said property, In the event Railroad trackage facilities
are removed from said property, Railroad shall not be obligated to make any change in the grade of said highway, nor
shall such removal affect Railroad's title to the underlying property.
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.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two (2) years 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 authorize
the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone
or electric power lines in, upon, over, under, across or along said property, except as necessary for maintenance of said
highway,
6. Grantee shall obtain any necessarygovernmental 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.
is Except as herein otherwise provided, Grantee shall beat,the entire expense of constructing, reconstructing and main-
taining 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 thereon, Should Railroad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte-
nant materials and leave same in place, In such event, Railroad shall not be liable for maintenance of the portion of Said
highway specified above.
8. 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 two (2) years from the date first herein written,
9. Should Grantee at any time abandon the use of said property 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 abandoned or
discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re-
served, 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 hereby granted, Grantee agrees to remove said highway, including the paving, from said
property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed
prior to construction 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.
M This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
11. Sections 12 to 18, inclusive, on the insert hereto attached, are
bereby made parts of this indenture.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and
year first herein written.
SOUTHERN PACIFIC laANSPORTATION CITY GIF-11.1- 1
COMPI"INY
By
—7—Title ayor
ef 5
t'4 ATTES
Attest,
S an retary
� ec:L 11 erk
. wt 9994 w.,- 547
`'; .... . S-an Tino- eo Caml on -Road
Pout 546.2
That portion of Government Lot 4 in the Northwest quarter of
Section 4, T2S , R3W, San Bernardino Base and Meridian as shown
on the Record of Survey recorded in Book 21 of Records of Surveys ,
Pages 22-24 in the office of the County Recorder, County of San
Bernardino, State of California, described as follows :
Parcel No. A.
Beginning at the Northwest corner of said Section 4; thence South
01° 51' 10" East, along the West line of said Section 4, said last
west line also being the [lest right-of-way line of San Timoteo
Canyon Road, 782. 16 feet to the True Point of Beginning; thence
continuing South 01' 51 ' 10" East, 68 . 04 feet to the beginning of
a tangent curve concave Easterly and having a radius of 525.00
feet; thence Southeasterly along said curve through a central angle
of 25° 16 ' 48", 231.. 64 feet; thence South 46° 35 ' 45" East, 174. 93
feet; thence North 43° 24 ' 15" East, 20.00 feet to the beginning
of a curve concave Easterly and having a radius of 475.00 feet;
thence Northwesterly along said curve through a central angle of
440 44' 35", 370. 93 feet to a point of tangency; thence North
01° 51 ' 10" West, 17. 59 feet to its intersection with the South-
westerly right-of-way line of San Timoteo Canyon Road; thence North
46° 35 ' 45" West along last said line 71.03 feet to the True Point
of Beginning.
Parcel No. B.
A 20.00 foot wide strip of land being Northeasterly of and parallel
and adjoining to Parcel No. 2 as described in Deed recorded in
Book 432 of Official Records , Page 164 in said office, County and
State.
EXHIBIT "rill
548
A .
EXHIBIT Vtg„
ACQUIRE QUITCLAIM OF A PORTION OF EXISTING EASEVIENT
(DA #37386) FOR SAN TIMOTEO CANYON ROAD
,,R EDLANDS CALIFORNIA
A piece or parcel of land situate, lying and being in the
City of Redlands, County of San Bernardino, State of California,
being a portion of land described as Parcel No. 1 in deed dated
Sone 29, 1928, from Southern Pacific Railroad Company to City of
Redland, recorded in Book 432 of Official Records, Page 164,
Records of San Bernardino County, described as follows:
Beginning at the point of intersection of the northerly
line of the southwest quarter of the northwest quarter of Section 4
Township 2 South, Range 3 West, San Bernardino Base & Meridian, with
the nort4easterly line of land (200 feet wide) of Southern Pacific
Transportation. Company; thence southeasterly along said northeasterly
line, being parallel with and distant 100 feet northeasterly,
measured at r:Lght angles, from the original located center line of
said Company' s main track (Bryn Vaw6-Niland) 1905 feet to a point
distant 100 feet northeasterly, measured at right angles, from
said center line at Engineer' s Station 4509+70; thence southwesterly
at right angles from last described course 125 feet; thence southerly
in a direct line, to a point distant 50 feet southwesterly, measured �
at right angles, from said center line at Engineer' s Station 4509+95$ 1-4
thence northwesterly being parallel with and distant 50 feet
southv;esterly, measured at right angles, from said center line, 75
feo-; s}pence north,:z=,s erly at right angles from last described coux-1,_;e
75 feet; thence nortl orly in a direct line, to a point dish:,. 50
feet northea sfiterly; mea ;ured at right an,-Ies, from said center line
Root9994 549
at Engineer' s Station 4508+95; thence northwesterly being parallel
with and distant 50 feet northeasterly, measured at right angles,
from said center line, 1400 feet to a point distant 50 feet
northeasterly,neasured at right angles from said center line at
Engineer' s Station 4494+95; thence northerly in a direct line to
the point of beginning.
X
EXHIBIT "B"
Boo?9994 i mV: 550
e
I N S E R T
San Timoteo Canyon Load
Mile Post 546.2 - City of Redlands
12. Railroad shall furnish all necessary labor, materials, tools
and equipment to install and shall install two (2) flashing light
grade crossing signals equipped with automatic gate arms, together
with actuating and operating circuits and adequate instrument housing,
hereinafter collectively referred to as "Signals", at said crossing.
Said signals shall be located approximately as indicated on the
print of Railroad's Los Angeles Division Drawing D-4521 revised March 31,
1976, attached and made a part hereof. Installation of and all mate-
rials for said signals shall be in accordance with Railroad's usual
standards.
Railroad shall alter, raise and/or relocate Railroad's overhead
communication wises, poles, guy wires and appurtenances as necessary
to provide proper clearance for the raising and lowering of the said
automatic gate arms.
Grantee agrees to reimburse Railroad for one hundred percent (100%)
of the cost and expense incurred by Railroad in connection with the
furnishing and installation of said signals and the alteration, raising
and/or relocation of Railroad's overhead communication wires, poles,
guy wares and appurtenances.
13. Railroad, at Grantee' s expense, shall prepare its tracks,
including change of running rail, and the furnishing and installation
of timber planning along the rails of the tracks located through the
crossing area.
Grantee, at Grantee's expense, shall furnish and install and there-
after maintain all paving on approaches to the crossing area, together
with all curbs, gutters and other street facilities.
14. Railroad shall submit to Grantee~a billtfor sixty percent
(60`x) of Grantee's share of the estimated cost_ upop cotnplebion of work
contemplated, which bill Grantee agrees to promptly pay. Should the
actual cost prove upon completion of audit to be more or less than such
estimated cost, the difference shall be promptly paid by Grantee or
refunded by Railroad, as the case may be.
15. After installation of said signals has been completed, Railroad
shall maintain same so long as they remain in place. Cost of maintain-
ing said signals shall be apportioned between the parties hereto in
accordance with Sections 120202 and 1231.1 of the California Public
Utilities Code. The precise manner and method of determining applicable
charges, manner and method of payment, and other procedures under said
sections shall be governed by any applicable decisions of the California
Public Utilities Commission.
16. The work to be performed by Railroad hereunder shall be com-
menced• as soon as labor and materials are available , following execu-
tion of this instrument, and shall be completed within one (1) year
thereafter.
17. Railroad, at Grantee's expense, will remove the existing
grade crossing at D-546.`7, including warning devices and existing
private crossing opposite Engineer's Station 4487+45.
Grantee agrees to be responsible for closure of said private
grade crossing and to furnish and install barricades at same to prevent
use thereof.
18. City of Redlands (Grantee) hereby quitclaims unto Southern
Pacific Transportation Company (Railroad) all of the right, title and
interest of Grantee in and to the property upon which the existing San
Timoteo Road is situated at said Redlands, California, said property
being more particularly described in the attached Exhibit "L'".
Wrq,� p
ITS "q
. .............
"Eq a- 0 1, man
NUM A�It"", Yf
..........
="A �,xn
4, "gr
MIT
gjq
...........
woo M",
552
MR,
#(�114
""j"_..................
r
sit?
F
c> '4zi;
K
4?
*w ......
401
A 41
V
t'j 'T-Z,
All
in
uj
07 A oi- &Mae U9 - " - - I/ , 4, �Ilk�
1�11__q/%lll — I A
..........
ell/
W "AA
'le I
t
Ln" a ..................
17 3 9 3 A,�,xvx
n+
_lk'g z
"fo, ......... now
toy
H,
rpm Data N
. .........
............ 777 OWN*_lw_w
------ 37
All
ova 5010
Cal LOW
P�
4
N�
�z 4MM4*0**$ftft it 0
Mt
I V111
Y
sou, "a"it 'ek N.
w way O's
0',
.......... .... � "", _,Q, -,izf� I
)W, P�� 14 A N D S
Nk
4"'
Aplacclue San Tirr�ote�,,o
c
Rcm cd
4
L ..... . .........
W,
rpm Mw
A NE
77�MF�
11 �:,� ,;,�' �,
R .....I....
AN,