HomeMy WebLinkAboutContracts & Agreements_40-1980X. , (RAF - VI - 8/21/801
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name F— 7
Street
Address
City
State L
Zip
SPACE ABOVE THIS LINE FOR
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I RELMIS: BP-54 6.12 (N)AUDIT N
G lrJt4 NO. Tr,
SD�LTTRE, mac:._i s�day of 1980 b
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 Grantee, 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's
Station 101+77, Mile Post 546.12, in the location shown on the print of
Railroad's Los Angeles Division Drawing LADE-02, Sheet No. 2, 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.
-1-
Form G-1--
March, 1984
2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and con-
stantly 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 constitute 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, conditions, covenants, encumbrances, liens and
claims 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 (1) year from the date first herein written.
6. Grantee shall bear the entire cost and expense of n�
ing:i. 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 _q reconstruction of said structure shall be subject
to the approval of Railroad.
Grantee agrees to reimburse Railroad for the cost and expense to
Railroad of furnishing any materials or performing any labor in connec-
tion with the conztzu=, reconstruction, maintenance and removal of
said structure, including, but not limited to, the installation and re-
moval 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.
7. In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct, alter, make changes in the
location of said structure or otherwise improve said structure upon
receipt of written notice from Railroad so to do.
-2-
Form C-1
March, 1980
1x
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
Protection Agency and/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 (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.
10. Grantee, its agents and employees subject to provisions hereof,
shall have the privilege of entry on said property for the purpose of
XKxHXmnxxtimxW 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 notify Railroad'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 perform 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 bond 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 reconstruction or maintenance of said
structure, caused by or contributed to in any way by the construction,
operation, maintenance or presence of Railroad's line of railroad at the
above -mentioned location.
-3-
Form C-1
March., 1980
Insofar as it lawfully may, Grantee agrees to release and indem-
nify Railroad, its officers, employees, agents, successors and assigns,
from all claims, liability, cost and expense,howsoever same may be
caused, including reasonable attorney fees, for loss of or damage to
property and for injuries to or death of persons arising 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 and affil-
iated companies of Railroad and any other railroad company that may be
lawfully operating upon and over the tracks crossing or adjacent to said
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 (1) year, -the right hereby given 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 herein -
above 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, Gran-
tee, at its own cost and expense, agrees to remove said structure from
said property and restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction
of said structure. Should Grantee in such event fail, neglect or refuse
to remove said structure and restore said property, such removal and res-
toration may be performed by Railroad, at the expense of Grantee, which
expense Grantee agrees to gay to Railroad upon demand, or Railroad may,
at its option, assume ownership of said structure.
14. 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 the day and year first herein written.
SOUTHERN PACIFIC TRANSPORT TION
COM ,
Sy i
(Tit ntr act Dept.
Attest:
Assi taut Secrets y
-4-
Form C-1
March, 1980
insofar as it lawfully may, Grantee agrees to release and indem-
nify Railroad, its officers, employees, agents, successors and assigns,
from all claims, liability, coat and expense howsoever same may be
caused, including reasonable attorney fees, for loss of or damage to
property and for injuries to or death of persons arising 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 and affil-
iated companies of Railroad and any other railroad company that may be
TArE of CAL!__
Ar.I�v! _ A ""'' 'a'and over the tracks crossing or adjacent to said
y andcounty
Cit of San Fr
ancisco)
on this 26-2day of 4%4�_(One
before, me STOpH0in the year One Thousand Nine HundredCity and County of San 1`ranciaeoMarket Plaza) and Ei ht San Francisco, Statealifornia afNotary Public in and for the
be the Assistant of Clifipersonally°S the City and Count
that executed California,Manager, Contract Department, appeared iJ. J. Honold known y of
executed the within inatrumbnt of the corporation described ti me to
it on behalf of the co and also known to me to be the in and
that such corporation executed thersame. therein named person who
and he acknowledged to me
` :j CI#ISTOPHER M. l.0IN WITNESS WHEPTOF, I have hereunto seti?IN and affixed my official seal at m ID3' hand
NOTARY PUBLIC CAUFpHNIA City and County of San Francisco, at y office in the
PRINCIPAL PLACE BUSINESS IN Year in t?xis certificate fi the day and
t CITY AND Co NTy Ot• / j Fst above written,
SAN FRANCISCO
ti MY Commission Expires April a, 1983 otary u c n an
San FraCi
ncisco, State afrCa t , an aunty o
same 3LaL.c .�._` fornia
of said structure. Shouta��.....__
STATE OF CALIFORNIA ) SS.
COUNTY OF SAN BERNARDINO)
On October 9, 1980 before me, the undersigned, a Notary
public in and for said County and State, personally
wn to me to baappeared ar
Charles C. Detlir' n Cit Clerk
d Pegg A. Mose ey known to me to be
and,--
n
an the City of Redlands that executed the within instrument, and known
to Ch to be the persons who executed the within .instrument on behalf of
that they executed the
the City of Redlands, and acknowledged to me
within instrument pursuant to minutes of the City Council of the City
of Redlands.
WITNESS my hand and official
nnwtsu,su,,:;:z:u:�::unts;uuuuu:u�:;t:n+: p:umn:;euuua:
r_ICIAL 8EAL
_ LOi? CT ill Cy Po YZER
t3F''VW;DaN, GgUNTY _
Ex.p.-fis June 3, 1S81
seal.
Lor to C. Poyzer�J"
My Commission Expire 613 81
-4-
LINE REDLANDS BRANCH
ES 101t77 MP BP-546.12
STATION MOTOR JCT.
APPLICANTRedlands
ADDRESS
CITY land; .. STATE_ CO. ZIP
-9073
FACILITY Water PiM LiAe
PURPOSE -WWW SMICI_
I Materials and instanation as per
CIE cs 1741
2. Is pipe under pressure zes
3. Distance from bottom of tie to fop
Casing: 65 if less than
3=0" why. ,
4, if pipe carries Flamable Substances
and has casing a number and location
of rents:
5. Materials
Carrier Pipe - C;—
Co sin g
6 Diameter: Casing:
rr
Carrier Pipe ' __. �6L__
7 Pipe Wall Thickness (of casing if used,
otherwise carrier pipe )
Smooth Steel ON): .313 1n
Corr. Metal (GAGE).
8. Pipe Length :
Carrier Pipe: 80r
Casing: _
9_ If pipe is reinforced concretes—A.S.T.M.
Class Designation
10 If pipe is cast iron - A.W.W.A. Class: �-
11 Furnish Sketch:
Plan cross section and description of track
or tracks under which proposed pipe is to
his placed to eth r 'th II
arrier Pipe
r T-�g
/1 W VATER MMIt
, 6" DETECTOR CHECK %0"E
E� S�ro3i>ItTf
TO -OS ANGELES
CITRUS
12"9UTTERFLY VALVE
4 SO FT. THRUST BLOCK
—re SO. FT. THRW &Mg
wpm s �
1
EXISTING WATER MA114
AVENUE
TO CRAFTON—
'\ k
12'BRTERFLY VALVE "/ j Q
ENO PROPOSED 1M W ES.-10e t 23� i +,
C I '
Y.w
� 4sr
i
INe wi a necessary LEGEND
dimensions `...�gou.Pae.Property Lineso� Pro osed Fachitz Underground Marker
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 City Council of the 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
real 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.
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 sewer installation fees was given first
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.
Sewer 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 Master Agree -
Traffic between the City and State of California for the
i Sgna s installation of traffic signals at the intersections of
Agreement Redlands Boulevard at Alabama Street and Orange Street
g 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 .Pacific Transportation Company for the installation of
a Six-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
Works Director Donnelly then explained to audience
questions the criteria necessary to permit expenditure
of State Gas Tax 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 Riordan,
Improvement
seconded by Councilman Roth; this is also a budgeted
Gas Tax item.
Page six -
October 7, 1980
�/'q -30 Approved: 10/7/80
AGREEMENT
Southern Pacific Transportation Co.
Installation of 6-inch waterline in
Citrus Avenue, west of Kansas St.
dated 8/26/80