HomeMy WebLinkAbout11563
1
RESOLUTION NO. /{<)I, ~
I
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER-
NARDINO AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FROM THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY, CONCERNING PROPERTY GENERALLY LOCATED AS A PART
OF "D" STREET, SOUTH OF RIALTO AVENUE.
3
4
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
SECTION 1: The Mayor of the City of San Bernardino is hereby author-
7 ized and directed to accept on behalf of said City an easement from the
8 Atchison, Topeka and Santa Fe Railway Company, a copy of which is attached
9 hereto and incorporated by reference herein as fully as though set forth: ,at
10 length, marked Exhibit "A", for street purposes more particularly described
11 in said easement and concerning that certain real property in the City of San
12 Bernardino, County of San Bernardino, State of California, generally located
13 as a part of "D" Street, south of Rialto Avenue, and said City consents to
14 recordation thereof by its duly authorized officer and hereby authorizes the
15 payment of One Hundred and Fifty Dollars ($150.00) as total payment therefor.
16 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
17
18
the Mayor and Common
meeting thereof held
Council of the City O~f Sa / Bernardino at a
on the I~day of _~ A73
,
19 ing note, to-wit:
20 Councilmen
21
22
23
24
25
26
27
28
.-4 '1!..t.
,
NOES: 72.(.c---.l't-e'../
7. /
ABSENT: /;/';:.'7,(;/ /
,
. o. ~~
.~--- -,
/ .~ -
.~- . ./A/.. Y
_7 City C erk/!
/'
t
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
/
~regOing resolution is hereby approved this
{t! ./,1973.
3
4
5
6
Approyedas to form:
~/ .;J
; "'1/' V
6;/'" e/:Jto,U!l1ttUI
ty Attotney
7
8
9
10
~. /'
( /., .//
. .' , (L:;Y--;X.4-7t~
day of
(-
'-"
(~
EASEMENT
FROM
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO
CITY OF SAN BERNARDINO
Covering certain real property
situate in the City of San Bernardino,
County of San Bernardino, State of
California.
Dated
August 15
, 1973
c.X~ 113 (T
A" 4/
o
o
EASEJ'!iENT, ~lade this
15th
day of
197~ from THE ATCHISON, TOPEKA AND SANTA FE
Au"ust
,
RAILWAY COMPANY, a Delaware corporation, herein-
after called "Santa Fe," first party, to CITY OF
SAN BERNARDINO, a California municipal corporation,
hereinafter called "City," second party.
($150), lawful money of the United States of America, and of other
IN CONSIDERATION of the sum of One Hundred Fifty Dollars
good and valuable consideration, the receipt whereof is hereby ac-
knowledged, Santa Fe hereby grants to City an easement for public
street purposes upon, over and across a rectangular shaped parcel
of land iw the City of San Bernardino, County of San Bernardino,
State of California, being a portion of The Atchison, Topeka and
Santa Fe Railway Company's right of way, (50 feet wide) as described
in deed dated March 28, 1887, to San Bernardino Valley Railway
Company (predecessor in interest to first said Railway Company)
County. Described as follows:
recorded in Volume 53, page 362 of deeds, Official Records of said
Beginning at the intersection of the easterly line
of "D" Street (80.0 feet wide) with the northerly
line of said right of way; thence easterly along
said northerly line 82.50 feet to a point in a line
that is parallel with and distant easterly 82.50
feet measured at right angles from the easterly line
of said "D" Street; thence southerly along said
parallel line 50.0 feet to a point in the southerly
line of said right of way, thence westerly along
said southerly line 82.50 feet to a point in the
o
o
southerly prolongation of said
northerly along said soutterly
easterly line 50.0 feet to the
easterly line; thence
prolongation of said
point of beginning.
Containing an area of 0.095 of an acre, more or
less.
EXCEPTING AND RESERVING the right to be exercised by Santa
Fe, and by any others who have obtained, or may obtain, permission
or authority from Santa Fe so to do, (a) to operate, maintain, renew
and/or relocate any and all existing railroad track or tracks, wires,
pipes and other facilities of like character upon, over or under
the surface of the hereinabove described premises; and (b) from time
to time to construct, operate, maintain, renew and/or relocate upon
said premises additional facilities of the character described in
Clause (a) of this paragraph, without, in any instance, being re-
quired to obtain the consent of the City the same as if this ease-
ment had not been executed.
\ TO HAVE AND TO HOLD said easement unto the City solely
for public street purposes so long as the premises hereinabove de-
scribed shall be so used, subject, however, to all licenses, leases,
easements, restrictions, reservations, conditions, covenants, encum-
brances, rights and rights of way, liens and claims of title which
may in any wise affect the said premises and subject, also, to the
express condition subsequent that if said premises, or any portion
thereof, shall cease to be used for the purposes above stated, then,
and in that event, the easement hereby given shall, as to such por-
tion, or portions, as the case may be, thereupon cease and determine
- 2 -
o
o
and Santa Fe, its successors and assigns, shall resume possession
thereof the same as though this instrument had not been executed.
This instrument is given without warranty of title of
any kind, express or implied, and no covenant of warranty of title
shall be implied from the use of any word or words herein contained.
In case of the eviction of City by anyone owning, or
claiming title to or any interest in the premises hereinabove de-
scribed, Santa Fe shall not be liable to City for any damage of
any nature whatsoever.
IN WITNESS w~EREOF, Santa Fe has duly executed this
Easement the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY CO~~ANY
ATTEST:
~
By
Its
/
'ce res
By
Its
- 3 -
C' <)
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
;.-r
"
/1' day of
, in the year
On this
!
",:",/.,"/,
.1---'
one thousand nine hundred and seventy~:/7
., before me,
E~ ii., ..I..Rl-J.;GUIN
, a Notary Public in and for said
County of Cook, State of Illinois, personally appeared
JOE;; C e, DJ;YIS
, known to me to be the Vice President
of the corporation that executed the within and foregoing
instrument, and known to me to be one of the persons who
executed the said instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a
reiolution of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in said County the day and year in
this certificate first above written.
~," ;/
,..--{:: >/';" ,.' / (-_/5: ,~,_ :.~~ C;'
Notary Public in and for said
County of Cook
State of Illinois
'(SEAt..) ,1.tYCo1.t1.11
'Ff:SRU ' SS/Oli eXPIRES
"?i? 1/
'T J
, Jc ".."
~/ .--
- 4 -
o 0
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this ..274 day of A'?~, r/
)
one thousand nine hundred and seventy- ~~~C
, in the year
, before me,
Harold D. SmitH
, a Notary Public in and for said
County of Los Angeles, State of California, personally
appeared
VI, D. Bentley
, known to me to be the Assistant
Secretary of the corporation that executed the within and
foregoing instrument, and known to me to be one of the persons
who executed the said instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a
resolution of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in said County the day and year in
this certificate first above written.
~~~.tlJn"l.n:nnll"JlIf"E!ftCt~~!lllr"("fcr;ICUtlliIErr~:=.
_ OFFlC!hL SEAL __
HAROLD D, SMITH
[~=~ NOTARY PUElIC - CALIFORNIA S==_
: FIW":Cl,AL O;;flcr IN
LOS ANGELES COUNTY
5 My Commission ExpiiC5 OH. 14, 1974 e
i'llnllllmJUltllltln'tflnaIHlulunuHlllllllrQ.i.
(SEAL) .
/~/./- 4-/-i4#
Notary Public in and for said
County of Los Angeles
State of California
- 5 -