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JACK T., FEJ?'~N.:.,.CitY Clerk
RESOLUTION NO. ;1'yL// c1!~t~u.nDEPUlY
A RESOLUTION OF THE ~~YOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACCEPTING AN EASEN~NT FOR STREET AND HIGillVAY
PURPOSES FROM SOUTHERN PACIFIC COMPANY, A CORPORATION OF THE STATE
OF DELAWARE, FOR A PORTION OF CARDIFF AVENUE, EAST OF \vATERliIAN
AVENUE.
BE IT RESOLVED BY THE ~~YOR AND CO~~N COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6.
71
I accept an Easement dated April 1, 1969, from Southern Pacific
8'
91
Section 1.
That the City of San Bernardino does hereby
Company, a corporation of the State of Delaware, for a portion of
Cardiff Avenue, east of Waterman Avenue, to be used for street
and highway purposes.
Section 2. That a copy of said easement is attached
hereto, marked Exhibit -I- and referred to and made a part hereof
as fully as though set forth at length herein.
Section 3. The City Clerk is hereby directed to record
said easement with the County Recorder of San Bernardino County.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Nl3.yor and Common Council of the City of San Bernar-
dino at ar;H, /?~.J';~:"'~f""./.uh~./meeting thereof held on the
~h~ day ~__ or , 1969, by the following vote,
to-wit:
AYES: Councilmen ~~ /'f-::!;t.;z;.,~-: 7L,~IcI..,6./
-dl7~.L -'
NOES: ~ .
ABSENT~nJ/d~t,/~'-H' ~//~/ '~//'.'~~ ~4r/
r/4 !:y f2r
day of
The foregoing
7
resolution is hereby approved this
c9. :771:-
, 1969.
/6- 'OVID A8 TO ,.ORM BY GENERAL. COUN8IL.
AUGUST 18, Ie..
RAF - 45070/323-2 - VI - 3/7/69
C...7...
STREET OR HIGHWAY EASEMENT
wqis ItW~utur~. made thi8
SOUTHERN PACIFIC COMPANY,
CITY OF SAN BERNARDINO, a
I~ day of IJPR.IL
a corporation of the
State of Delaware,
municipal corporation
State of California,
. 1961 . by and between
herein called "Railroad," and
of the
herein called "Grantee";
1ilIfUtltJlJltt4:
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 rear-
ranged within thirty (30) days after notification from Railroad 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 to use all the property described in the
performance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap-
purtenances in, upon, over, under, across or along said property. In event tracks are removed from said property, Rail-,
road shall not be obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens
and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against
the existence thereof.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
is not commenced within one (1) year from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
graph, 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 agreement prior to commencing any work on Railroad's premises.
7. Excent as herein otherwise nrovirlRrl. f:rantee "hall h"ar .the. entire exnense of conatrucloinv r"Mn"trn~H""
J STAn; OF CAUJo'ORNIA, I ..
City and County of Son FrancUcoi .
7'" /' . ~ . . ,-'
On 11113_._____ ___n_doyof U_4k-<-A_ in tho year On. Thousand Nino Hundred and Sl:<ty~~ __
befme mc. John E. Jurgens, II Nota", P./J/lk In Gild for the City 6" County of San FI'fmcllco, Stale 0/ CtJl'fornl4, penortDl/.v IJPpeaf"-d
(65 Market St.) W. M. Jaekle and A. E. Hill, kno.... to m. to b. the Vice President and Assistant
Secretary, respectively, of th.e corporation de.cribed in and that ezecuted the within
instrument, and 0.1.0 known to me to be the persons who executed it em behalf of
the corporation therein 1ta.med and thtll a.cknowledged to me that such cOTl,oration
executed the 8am.e.
'il:':"
~,-<
"."1";.j;,>..'
~~~~
JOHN E. .JURGENS
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL PL~ CE OF BUSINESS IN
CITY AND COUNTY OF
SAN P,ANCISCO
"V WITNESS WHEREOF, 1100.. ""reurI'. ,OJ my hand and a/fixed my officlol
Neal at my office. in the City and County 6/ San Frtlflcl.fco, tlte JtJy cmel yetlr in thl..
certificate Ii," above written.
-<-
I nn Fr.ncisco. State of CaIiCornia
My Commission Expires June 14, 1969
CorpOration
I
My Commission Expires June' 14, 1969.
hereto.
--- - --- .._-- """,- .........+ ..r;....u~"-..n.-.~~r.I111UI.U5 upuu w" I:JUCCeIJ8Ol'S ana assIgns OI tne-parues-
,
~.
12. It is understood and agreed that Sections 13 to 16, inclusive, on the
insert hereto attached are hereby made parts of this indenture.
fl
-<
....
IN WITNESS WHEREOF, the parties hereto have caused these 'presents to be executed in duplicate as of the day
and year first herein written. ~
CITY OF SAN BERNARD~N 'SOUT P IFIC MPANY
.By 0//0,4 ~__ By
. yor
/..
By
Clerk
'ASSistant
'C'VUTnTm
I
r-'"
NT'-.. J
o
o
EXHIBIT "A"
Waterman Avenue Crossin~ 6J-l.ll
All that certain parcel of land situate in the City
of San Bernardino, County of San Bernardino, State of
California, being a portion of Lot 21, Block 45, Rancho
San Bernardino, as per plat thereof recorded in Book 7
of Maps, Page 2, Records of the County Recorder of said
County, and described as follows:
Commencing at a point on the west line of said
Lot 21, which is 304.15 feet South of the Northwest corner
of said Lot 21 (said West line also being the east line of
Waterman Avenue), said point being distant 41.25 feet
easterly, measured at right angles, from the center line
of said Waterman Avenue; thence North 0026'10" West, along
said west line, 36.29 feet to the True Point of Be~innin,
of the parcel of land to be described; thence North OU26 10"
West, continuing along last said line, 27.37 feet to a point;
thence on a curve to the right having a radius of 533.57 feet
through a central angle of 2056'47" (tangent to said curve at
last mentioned point bears South 67002'42" East) an arc dis-
tance of 27.44 feet to a point; thence on a curve to the left
having a radius of 20.00 feet through a central angle of 790
47'02" (tangent to last said curve at last mentioned point
bears South 78026'34" West) an arc distance of 27.85 feet to
a point; thence on a curve to the left having a radius of
508.57 feet through a central angle of 1005'22" (tangent to
last said curve at last mentioned point bears North 64043'54"
West) an arc distance of 9.67 feet to the True Point of Begin-
ning, containing an area of 0.009 of an acre, more or less.
The above described real property is shown on the print
of Railroad's Los Angeles Division Drawing C-I106, Sheet No.
1, revised August 6, 1968, attached and made a part hereof.
--
o
o.
INS E R T
------
Waterman Avenue Crossing 6J-l.ll
San Bernardino. California
13. Railroad shall furnish all necessary labor, materials,
tools and equipment and shall perform the following work:
(a) Remove approximately 230 foot end. portion of
team track and install standard metal track
bumper at end of track.
(b) Grade and pave on each side of team track as
indicated by red outlined on the attached
print. (Approximately 12,430 sq. ft.)
(c) Prepare track and pave the widened portion
of Waterman Avenue.
(d) Remove existing wigway crossing signals, re-
arrange track signal circuits and install
actuating and operating controls for train
preemption of intersection traffic signals.
14. It is understood and agreed that the work herein contemplated
is a part of a Federal Aid project and Railroad, under a separate
arrangement with the State of California, 'Division of Highways, is
to be reimbursed for all expenses incurred by Railroad. Grantee
agrees to arrange with the State of California, Division of Highways
to furnish to Railroad a mutually satisfactory form of service contract
covering reimbursement to Railroad. All work to be performed by
Railroad and billing therefor wi11 be in accordance with the United
States Bureau of Public Roads, Policy and Procedure Memorandum 30-3
and any supplements thereto. It is agreed that no benefit will accrue
to Railroad pursuant to said Policy and Procedure Memorandum 30-3
due to the work herein contemplated.
15. After the installation by Railroad of said tracks signal
circuits and the actuating and operating controls, Railroad, at its
expense, shall maintain same so long as they remain in place.
16. All the work contemplated hereunder shall be performed in
,.
,
a good and workmanlike manner to the satisfaction of the parties
hereto and each portion shall be properly commenced by the parties
-.-
o
o
. .
hereto obligated to do same and thereafter diligently prosecuting
it to conclusion in its logical order and sequence.
,
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