HomeMy WebLinkAbout1989-083RESOLUTION NO. 89-83
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY FOR THE CONSTRUCTION OF A
DRAINAGE FACILITY AND APPURTENANT FACILITIES CONCERNING
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:
7 SECTION 1: The Mayor and City Clerk of the City of San
8 Bernardino are hereby authorized and directed to execute and
9 accept on behalf of said City an Indenture with the Southern
10 Pacific Transportation Company, a copy of which is attached
11 hereto and incorporated by reference herein as fully as though
12 set forth at length, marked Exhibit "A", for the construction
13 of a drainage facility and all appurtenances and more
14 particularly described in said Indenture and concerning that
15 certain real property in the City of San Bernardino and City of
16 Colton, County of San Bernardino, State of California,
17 generally located at the intersection of Hunts Lane and the
18 Southern Pacific Railroad Crossing, South of Redlands Boulevard
19 and said City consents to the recordation therof.
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2-27-89
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RESOLlHI'ON AUTH. EXECUTION OF INDENTURE.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Counci 1 of the City of San
3 Bernardi no at a
reqular
4 on the
day of
20th
5 following vote, to wit:
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AYES: Council Members
meeti ng thereof, hel d
March
1989, by the
,
EHtrada. R~illv. Flores. Maudsley,
NAYS:
Minor. Pope-Lnillam. Miller
None
ABSENT: None
~~.a-r- day of
The foregoing resolution
20 Approved as to form
and legal content:
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James iF. Penman
22 Ci ty Attorney
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2-27-89
t his
Mrlrch
, 1989.
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RETURN, TO:
,I'
ciTY' 'CLERK'
.
P. O. Box 1318
San Bernardino, Ca. 92402
89-217405
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RESOLUTION NO.
Rq-Rl
RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY FOR THE CONSTRUCTION OF A
DRAINAGE FACILITY AND APPURTENANT FACILITIES CONCERNING
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:
7 SECTION 1: The Mayor and City Clerk of the City of San
8 Bernardino are hereby authorized and directed to execute a~d
9 accept on behalf of said City an Indenture with the Southern
10
11
Pacific Transportation Company, a copy of which is attached
hereto and incorporated by reference herein as fully as though
12 set forth at length, marked Exhibit "A", for the construction
13 of a drainage facility and all appurtenances and more
14 particularly described in said Indenture and concerning that
15 certain real property in the City of San Bernardino and City of
16 Colton, County of San Bernardino, State of California,
17 generally located at the intersection of Hunts Lane and the
18 Southern Pacific Railroad Crossing, South of Redlands Boulevard
19 and said City consents to the recordation therof.
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2-27-89
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RESOLUTION AUTH. EXECUTION OF INDENTURE.
B9-2174{)5
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held
4 on the
day of
reqular
1989, by the
20th
5 following vote, to wit:
AYES: Council Members
March
,
E~rrada. Reillv. Flores. Maudsley,
Minor. Pnpp-LunlrJrn. Mil]er
NAYS: None
ABSENT: None
~l~
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i s her~~proved
t his
.;2!M day of
The foregoing resolution
, 1989.
Approved as to form
and legal content:
James :F. Penma n
City Attorney
B'~
2-27-89
M;:tr~h
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89-217405
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF SAN BERNARDINO
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 Resolution No. ?l'- f'3 is a
full, true and correct copy of that now on file in this office.
the
day
IN WITNESS WHEREOF, I h~ve hereunto set my hand and affixed
official ~iOf the City of San Bernardino this ~-<h,f
of . __, 19~_.
. ~//"'''J) L'~~J
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· RESOLUTloo NO. R-48-89 .'
':"-'~RESOwrroo OF 'lllE CITY OF CDL'lOO AUIHORIZm:; THE ACCEPTANCE AND
EXEx::tJTloo OF AN INDENl'URE WITH THE SOUTHERN PACIFIC TRANSroRI'ATloo a:MPANY
FOR 'lllE CJN)TROCTloo OF A DRAINAGE FACILITY AND APPURTENANl' FACILITIES
~ PIDPERI'Y LOCATED 00 HUNl'S LANE, SCXlTH OF REDLANDS OOULEVARD
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BE IT RESOLVED BY THE CITY COUNCIL OF 'lllE CITY OF CDL'lOO AS
FOLL<::MS :
SECTloo I: The 'Mayor and City Clerk of the City of Colton are
hereby authorized and directed to execute and accept on behalf of said
City an Indenture with the Southern Pacific Transportation Ccrrpany, a copy
of which is attached hereto and incorporated by reference herein as fully
as though set forth at length, rrarked Exhibit "A", for the construction
of a drainage facility and all appurtenances and nore particularly described
in said Indenture and concerning that certain real property in the City
of San Bernardino and City of Colton, County of San Bernardino, state of
California, generally located at the intersection of Hunts Lane and the
Southern Pacific Railroad Crossing, South of Redlands Boulevard and said
City consents to the recordation thereof.
A?l"ROlJi:DASi'CH:CRM PASSED, APPROVED and ADOPTED this 18th day of April, 1989.
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MAYO
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rT'T'V rT .F:RK
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNAROINO )
CITY OF COLTON )
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4 - I, HELEN A. RAMOS, City Clerk of the City of Colton, California,
DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 City Council of said City and was approved by the Mayor of said City at a
regular meeting of said City Council held on the 18th
6 day of April , 1989 ,and that it was so adopted as follows:
AYES:
Councilmember - Rios, Cisneros, Rehrer, Lofy,
Mayor Gonzales.
NOES: Councilmember - None.
ABSENT:
Councilmember - None.
.;J.I....J d.,(2 -.J
City Clerk of the City of Colton.
Cal Hornia
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF COLTON )
I, HELEN A. RAMOS, City Clerk of the City of Colton, California,
California, DO HEREBY CERTIFY that the above and foregoing is a full, true
and correct copy of Resolution No. R-48-89 , and that the same has not
been amended or repealed.
DATED:
'1/Y) '7 /
, 1911-.
(SEAL)
"'/"!./. _ J tZ. ~ &-1
City Clerk of the Ci y of Colton,
Cal Hornia
E
, ,89-217405
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RECORDEO'IN
OFflC1A.t.. RECORDS
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RECOROING REQUESTED BV
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AND WHEN RECORDED MAIL TO
Name le:-L,... .IT' ~Q /7 &r ~w'sJ.,/. 01
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ALSO AS3iGiJED
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AUDIT NO. ;J fj t~L1.t....
DEED
AUDIT NO.~~
SPACE ABOVE THIS LINE FOR RECOROER'S USE
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RELMIS: B-541.0(N)
THIS INDENTURE, made this .s.d day of lebNMY ,
1989, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation, herein termed "Railroad", and CITY OF
SAN BERNARDINO, a municipal corporation of the State of
California and CITY OF COLTON, a municipal corporation of the
State of California, herein collectively referred to as
"Granteet';
WITNBSSBTHI
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the
right to construct, reconstruct, maintain and operate a
drainage facility (18-inch reinforced concrete pipe, inlet,
rip rap, etc.), hereinafter termed "structure" in, upon,
along, across and beneath property of Railroad at or near
Co1ton/Loma Linda (San Bernardino) in the County of San
Bernardino, State of California, between and opposite
Engineer's Station 4212+25, Mile Post 541.033 and Engineer's
Station 4213+15.22, Mile Post 541.051, in the location ,shown
or described on Railroad's Drawing No. B-7064, sheet No.2,
revised March 7, 1988, attached and made a part hereof.
Upon execution hereof, Grantee shall pay to Railroad the
sum of Three Hundred Fifteen Dollars ($315.00) partially to
defray cost of handling.
"s..W"'" ..
89~217405
In addition, as monetary consideration for the rights
herein granted, Grantee shall pay to Railroad the sum of Six
Hundred Thirty-five Dollars ($635.00).
Ap~i.l,. 1985
...~...... - -
2. project markers in form and size' satisfactory to Railroad,
identifying the facility and its owner, will be installed and
constantly 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
without 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 ~f 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 construct-
ing, 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 construction or reconstruction of said struc-
ture 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
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the
installation and removal 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, relocate said struc-
ture or otherwise improve said structure upon receipt of written
notice from Railroad so to do.
-2-
Form C-1
-April, 1985
89-217405
8. Grantee shall, at its expense, comply with all applicable
laws, regulations, rules and orders regardless of when they become or
became effective, including, without limitation, those relating to
health, safety, noise, environmental protection, waste disposal, and
water and air quality, and furnish satisfactory evidence of such
compliance upon request of Railroad.
Should any discharge, leakage, spillage, emission or pollution of
any type occur upon or arise from the premises covered hereunder as a
result of Grantee's use, presence, operations or exercise of the
rights granted hereunder, Grantee shall, at its expense, be obligated
to clean all property affected thereby, whether owned or controlled by
Railroad, or any third person, to the satisfaction of Railroad
(insofar as the property owned or controlled by Railroad is concerned)
and any governmental body having jurisdiction in the matter. Railroad
may, at its option, clean Railroad's premises: if Railroad elects to
do so, Grantee shall pay Railroad the cost of such cleanup promptly
upon the receipt of a bill therefor.
Grantee agrees to investigate, release, indemnify and defend
Railroad from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation costs
and attorney fees) incurred by Railroad as a result of Grantee's
breach of this section, or as a result of any such discharge, leak-
age, spillage, emission or pollution, regardless of whether such
liability, cost or expense arises during the time this indenture is
in effect or thereafter, unless such liability, cost or expense is
proximately caused solely and exclusively by the active negligence of
Railroad, its officers, agents or employees..
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 constructing, reconstructing, maintaining and making
necessary repairs to said structure. Grantee agrees to give Railroad
five (5) days' written notice prior to commencement of any work on
said structure, except emergency repairs, in which event Grantee
shall notify Railroad's authorized 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 oper-
ations, to the satisfaction of Railroad. If Grantee fails to
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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 property 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.
12. Grantee agrees to and shall indemnify and hold
harmless Railroad, its officers, agents, and employees from
and against any and all claims, demands, losses, damages,
causes of action, suits, and liabilities of every kind
(including reasonable attorneys' fees, court costs, and other
expenses related thereto) for injury to or death or a person
or for loss of or damage to any property, arising out of or in
connection with any work done, action taken or permitted by
Grantee, its subcontractors, agents or employees under this
indenture.
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH
GRANTEE AND RAILROAD, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A
CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT
SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR
DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIMINAL
ACTIONS OF RAILROAD, ITS OFFICERS, AGENTS AND EMPLOYEES.
The word "Railroad" as used in this section shall be
construed to include, in addition to Railroad, the successors,
assigns and affiliated 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
hereinabove reserved, to resume exclusive possession of said
property or the part thereof the use of which is so
discontinued or abandoned.
- 4 -
89-217405
Upon termination of the rights and privileges hereby
granted, Grantee, 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 restoration 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. The parties intend that the promises and obligations
of this indenture shall constitute covenants running with the
land so as to bind and benefit their respective successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
,triplicate
presents to be executed in ~~~~~ the day and year first
herein written.
St(:.~~~~ C-d~"'::tr~s
Cit'j P.;:'::~'::.:'J
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
ByM~
. (Ti tle ) (;ontraCtI ~ Joint Foci_
Attest 4. fO/j'N,,j1
Secretary
A??^OViZO AZ TO FORM
~~
A "....ove.. es to form
aMI.; ~ I content:
CITY Of '"'''" ~
~ ~4_Pa, ___
Mayo #' -
y,iA/7i/t2. ~
Clerk
By
James F. Penman
tHy "~J>..L
8y: ~.
/
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CITY t;;e;~'~ .
By ~A) t1~
Mayor .
JL~J CJ;L ,tr_
)l'erk ~ f)t€lt,,~~ _
, /zlr1,iI
By
^
STATI~ \If CALIFORIllA )
City end county of lien FnIIlCI""") ...
on this 7:P1' day of ~~~ . In the,.r ons T........... Nlns _red end Eighty I../I'~
bef.... _. ...__ P. MIClICCI. a IlDtary Public In end for the city end CoIIIItY 01
Francl""". state of california. personslly _red W. E. FWLER. pe........lly kr
to _ (or provad to _ on tha buls of satisfactory evl_> to be tha Sr. -
contracts end Joint Facilities. of tha corporation dascrlbed In end that executo
within Inst..-t. end also _ to _ to be the person who exac;uted It on beIu
tha corporation thareln ...... end he acknowledge to _ that such corporation ax.
tha_.
- - -: ..:.~~ -:- -;::2e.e~~.
::-:0 P. MICOCCI -
-c~ ' ~U:LIC',C~LIFORNIA (
_ ..,.:J COUI~TY OF \
!='..~~ FRAr;S!SCO
1_, ';_';0'" 'c;... J'-n .c
, ,-" . -",. ..;;:' ... . ~_.
:.:;... :.. r . _, '_~':":':'< -::--s.::.::
eorporat Ion
IN lIITIlESS llIlEREIIF. I have hereunto _ IIY hand end afflxlld IIY official -'
at IIY fica In the City end county of san Francl""", tha day end ,.r In this
cartlfl te first - ~ ^ .
"\ \ \ '\ ",-'to
Notary Public In end for tha City end CoIIIItY of san Francl""" state of callfomla
My eoaalaalon Expires January 28, lHO.
STATE OF CAlIFORNIA
COUNTY OF SAN BERNARDINO
)
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SS
89-217405
on~~~ 19 i'1- befo
County an ate. personally appea~d ~~~a Notary. Pp~lfc in and for said
and ~~ C' tJ~ ./2-. k mto-~ ~~
r.espec:iive1yofthe City of San Bema~~wn t~h to.b~ the May and City Clerk
executed the within instrument and aCkno:~' d ~ mumc1pall=Orporation that
same on behalf of the municipal corporatio~.ge to me that 'they executed the
WITNESS my hand and official seal.
)
(OffICIAL SEAU
RACHEL R. SHAY
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
, tolyQlmmlsslon Expires Aug. 2, 1989
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ft
~_L'~~~
No ry Publ1C 1n a~d for sa
County and State
Oversized
Map
Attached to
Original
. Resolution