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HomeMy WebLinkAbout3719_CCv0001.pdf 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 gest of Kansas Street , dated August 26 , 19801 . 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 , 19801 , 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 . -; ........... f ATTEST: h City APPROVED FOR FORM: s/ Edward F. Taylor City Attorney +- � ;. 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''4.(' rr,'i - ' '^' F�yyof �l ,,, . `'L�l��:t;:•.�.i�•.. y,O oul:l co'-�.t:w''�**4 tR6-Z a;ej;g. ;' ;;;L:.l r .+•.. -'-ha '7a-ly ve...wr-J +.wA.7 .�..'l�.rr4/�~4�{�M' rl,:,z+.,o1":L—nic las ha of -l-" .a--,e-."m.-C.;tt docs ::[}v '_::j�:C3w � :...`:=i. of cels'-.`-t:cLiG:I ' t U:;t 0:5`{.ainL =t i�tS�l s". C: '*s: �f. E,rl O w:.:... -.�� _.�.�?v a..:l.: �'4 G...i.,�a^..•�-•C.'�:4.+y✓ a.zd Z.rl i..- - + 1. a{3'=-- t E L lit-al' — a.a. - u/ a..L/ v'J J RECORDING REQUESTED BY AND WHEN RECORDED MAIL,TO Name F Street Address City State L Zip SPACE ABOVE THIS LINE F I4r REL41S: BP-546.1.2 t" -�- - AU _this �(O` day 1930, by and between SOUTHERN PACIFIC TRA 3SPORxATICIbi C011PANZY,, a Delaware corpora- tion, herein termed "Railroad," and CITY OF =,DLAXNDS, a municipal corpora tion of the State of California, address: 30 Cajon Street, Redlands, California 92373, herein termed "Grantee; " YY.Lj:NESSE : . 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein container;, the right to reconstruct, maintain and operate a sig (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 .aernardino, State of California, crossing the center lime of said tracks at Engineer' Station 101+77, Mile Post 546.12, in the location shown on they print of Railroad's Los Angeles Division Drawing LAD-02, Sheet bio. 2, dated January 3, 1930, 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 became effective until such date as the Grantee has accepted the said structure into its util i"y system. Grantee agrees to notify Railroad of such date. Form 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 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 ofs:bbruct K. i�agx 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 9ap ,ton arreconstruction 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 cam,=kctionco 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, rake 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 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 x K reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days ' wait- 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 Fc,qsttiai?,y 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- 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 rnspig, a;c�n; 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 pay 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. PACIFIC Ix%C Tr�i� SPC3�."�'A"s"IDN CITY OF COi,;_PAL;y yi �y0"? r .._ i Mayo 1 f f') ontr=t Dapt. / y .. ` orf :fittest:: ✓. �'2r 4 t' " ms s , ssi iant Sccre-L-_a C -F� 4- STATE of CALIFOPITIA ) City and County of Sats Francisco) on this 2l; day of. + ( (�1{� in the year One Thousand Nina hundred. and Eighty, before. pe, C� E STOPHER t 3 -(One Yarket 'laza) , a Notary Public in and for the City and County of San Francisco, State of California, for the City and County of San Francisco, State of California, personally appeared W. J. Honold known to me to. be the Assistant Yanager, Contract Department, of the corporation described in' and that executed the within instrument, and also known to me to be the person who executed it on behalf of the corporation thareiz named and he acknowledged to me that such corporation executed the same. II1 WT=SS WFiME©F, I have hereunto set my hand IV and affixed my official. seal at ray office in the - �- CHRISTOPHER M. LUNDIN City and County of San Francisco, the day and NOTARY PUBLIC-CALIFORNIA year in t s certificate arst above written,,. *' PRINCIPAL PLACE Of: BUSINESS IN � 1 ! •� CITY AND C©k1VTY OF j SAN FRANCISCrJ :. Notary u is 4n an or e City an ounty o My Commission Expires April 8, 1983 San Francisco, State of California STATE OF CRLIFORNIA ) SS. COUNTY OF SAN BERNARDINO) On October 9, 1980 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Charles G. DeMirjyn kno-wn to me to be Mayor and Peggy A. Moseley known to me to be Z er of the City of Redlands that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the City of Redlands, and acknowledged to me that they executed the within instrument pursuant to minutes of the City Council of the City of Redlands. WITNESS my hand and official seal_ R1.'y IIII4IIIIHNrliM1111Ef11EiylIH11116N:Ii11[1NH#IIIiSfH/Yryllli1+1+1NN••NINNir+INffNNM1414 ' ��,;.;•�� C?fFEGfAL SEAL = /� ' LORETTA C. POYZER a� z rve oat cFrcet IN L rtta C. Poyzer SAr: sEaN.,.}M710 COUNTY C f4y Commission Exp:ras.lune 3, 1981 My Commission Expitie�( 6/3 j81 slyi.11lllrt 11111tlHllllHIIEHIINNf13dNH1i:fJCl:.HlIe+IGfiJ:4NHHt1'UUN11Nlir%N:ANNrf YiyHcl AlYl{rF 1CO , JO, hIpTonz JO-7-. Appi-j-,ed for Delt-ails, per Drawing bm:F—"al, (Datcd) cory. '--,ato 0..!Jcr Sout!,.ern Facific Trarizportation Co. NOrt`-I-,'OStCT",l Pacific Railroad Co. St. Louis Southwestern Ry. Co . Ct V3I i ' ri ,ir��tr bes.,C, vlptl:Oil Correct.