HomeMy WebLinkAbout1990-069
RESOLUTION NO. 90-69
1 A RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH
2 THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE
CONSTRUCTION, MAINTENANCE AND USE AS A STREET FOR PROPERTY
3 LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor and City Clerk of the City of
7 San Bernardino are hereby authorized and directed to execute
8 and accept on behalf of said City an Indenture with the
9 Southern Pacific Transportation Company, a copy of which is
10 attached hereto and incorporated by reference herein as fully
11 as though set forth at length, marked Exhibit "A", for the
12 construction, maintenance and use as a street and more
13 particularly described in said Indenture and concerning that
14 certain real property in the City of San Bernardino and City
15 of Colton, County of San Bernardino, State of California,
16 generally located at the intersection of Hunts Lane and the
17 Southern Pacific Railroad Crossing, South of Redlands
18 Boulevard and said City consents to the recordation thereof.
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RESOLUTION ACCEPTING INDENTURE WITH S.P.R.R. -- HUNTS LANE
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof held
on the
5th
day of
, 19 gO,
by th e
MaI"ch
following vote, to-wit:
AYES:
Counci 1 Members
Estrada, Reilly, Flores,
Maudsley, Minor. Miller
NAYS:
ABSENT:
None
Council Member Pope-Ludlam
~,,%~~
) City C 1 e r k
The foregoing resolution is hereby approved this
/3dv
day of
March
, 1990.
Pro
m! 'I ~ tfi
l (\\(i.,lJi if] i {~ / ..___.
Mayor
Tempore,f the City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
02-07-90
2
""'"VI\Uc.u A I REQUEST OF
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90-279666
ReCORDED IN
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FORM7362/RAF
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APPROVED AS TO FORM BY
GENERAL COUNSEL
C. S. 7362
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DEED
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AUDIT NolfZ.i-..
STREFT OR AIGHWAY EASEMENT
THIS INDENTURE, made this 2V~ day of Cpo , 1990,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein called "Railroad", and CITY OF' SAN BERNARDINO, a
municipal corporation of the State of California, herein called
"Grantee".
,
lHTNESSETH:
1. 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 similar highway
appurtenances may extend above said plane, provided that any such
facilities will be removed or rearranged within thirty (30) days
after notification from Pailroad that such facilities interfere with
Railroad's intended use of the space above said plane.
3. This grant is subject and subordinate to the prior right of
Railroad, its successors and assigns, to use all the property
described herein. There is reserved unto Railroad, its successors
and assigns the right to construct, reconstruct, maintain and use and
remove existing and future transportation, communications, power and
pipeline facilities in, upon, over, under, across or along said
property. In the event Railroad trackage facilities are removed f~om
said property, Railroad shall not be obligated to make any change in
the grade of said highway. Railroad's title to underlying property
shall not be affected.
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.
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. 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 necessary governmental 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 Right of Entry
agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the
entire expense of constructing, reconstructing and maintaining 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 rail of each track located thereon. Should Railroad abandon
tracks leading to said highway, Railroad may leave the rails, ties
and appurtenant materials located therein or thereon in place. In
such event, Railroad shall not be liable for maintenance of the
portion of said highway specified above.
8. As part consideration hereof, Grantee agrees to pay Railroad
an amount equal to all assessments levied by order of any lawful body
against the subject property of Railroad (and which may have been
paid by 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 or 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 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 hereby granted! Grantee
agrees to remove said highway, including the paving, from sa1d
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 even 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 to pay to Railroad
upon dema nd.
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9C-279fi6f;
10. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so as
to hind and henefit their respective successors and assigns.
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 TRANSPORTATION COMPANY
By:
T1
NAGER Joint Facilities
Attest:
~ ~;hr>t ~ ,
A S1 ant Secretary
CITY OF SAN BERNARDINO
By:
~ch
Pro Tempore S-/f.S/90
,a 0
By: ~~~~db'
Cte rk
-]-
,RETURN 70. CITY CLERK .
P. O. Boy "-3]..
San Bdna., ca~2~1~ESOLUT~ON NO.
.
9(j-279t16t;
90-69
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6
A RESOLUTION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH
THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE
CONSTRUCTION, MAINTENANCE AND USE AS A STREET FOR PROPERTY
LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Clerk of the City of
7 San Bernardi no are hereby authori zed and di rected to execute
8 and accept on behalf of said City an Indenture with the
9 Southern Pacific Transportation Company, a copy of which is
10 attached hereto and incorporated by reference herein as fully
11 as though set forth at length, marked Exhibit "A", for the
12 constructi on, mai ntenance and use as a street and more
18 particularly described in said Indenture and concerning that
14 certain real property in the City of San Bernardino and City
15 of Co1 ton, County of San Bernardino, State of Ca1 ifornia,
16 generally located at the intersection of Hunts Lane and the
17 Sou the r n Pac i f i c R ail r 0 a d C r 0 s sin g , Sou tho f Red 1 and s
18 Boulevard and said City consents to the recordation thereof.
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28 02-07-90
RESOLUTION !EPTING INDENTURE WITH
.
S.P.R.R.
9G-27966t;
-- HUNTS LANE
I HEREBY CERTIFY that the foregoi ng resol uti on was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof held
on the
5th
day of
March
1990.
by the
following vote, to-wit:
AYES:
Council Members
Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
~d#LJ;~
) City Clerk
The foregoing resolution is hereby approved this
/.31: L
day of
March
, 1990.
mIJ\(~uJ ~~IC~ ~/
Mayor
Tempore .~f the Ci ty of San Bernardi no
Pro
Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
02-07-90
2
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~O-279f)f)f;
STATE O~ CAlIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
SS
I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTIFY that the foregoing and attached
copy of San Bernardino City Resolutlon No. 90-69 is a
full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I h3ve hereunto set my hand and affixed
the official seal of the City of San Bernardino this 16th
day of March 19~
/-'!/
_,{_.';ti/4~ .'U-'.,/;.,Ill_
City Clerk
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. ;{ , Dep y
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