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HomeMy WebLinkAbout9840 ~ [I l' RESOLUTION NO. :;/ f(~ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACCEPTING AN INDENTURE FOR STREET AND HIGHWAY PURPOSES FROM SOUTHERN PACIFIC COMPANY, A CORPCRATION OF THE STATE OF DElAWARE, FOR A PORTION OF RIALTO AVENUE (ARROW ROUTE), EAST OF MERIDIAN AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 21 31 4 5 6 7 Section 1. That the City of San Bernardino does hereby 8 execute and accept an Indenture from Southern Pacific Company, a corporation of the State of Delaware, for a portion of Rialto 9 I Avenue (Arrow Route), east of Meridian Avenue, to be used for 10 i i street and highway purposes, over that real property situated in 11 the City of San Bernardino, County of San Bernardino, State of 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Gal ifornia. Section 2. That a copy of said Indenture is attached hereto, marked Exhibit "A" and referred to and made a part hereof as fully as though set forth at length herein. Section 3. That the M:iyor of the City of San Bernardino is hereby authorized and directed to execute said Indenture on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernar- dino at p~~ to-wi t : -g~ >>. ~~ City Cler The foregoing resolution is hereby approved this ~~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 '1 ii 1 2 3 4 5 6 7 8 day of 7Jz"I/ Approved as to form: ~~u9 Ci y orney ~'.''''' .. .. i. ;x' ~' ; ED , , t, f?...~ MAY 2 '3 1808 . .....DEPUTY , 1969. t, .. R~- 5/6/69 - VI - 27000/322" ,. . - EXHIBIT "A" THIS INDENTURE, made this day of , 1969, by and between SOUTHERN PACIFIC COMPANY, a corporation , . of the State of Delaware, herein teraed ''Railroad'', and CITY OF SAN BERNARDINO, a municipal corporation of the State of California, herein termed ''Grantee''; WITNESSETH: 1. That RaUroad hereby grants to Grantee, the right to construct, reconstruct, aaintain and use a street or high- way by means of an underpass, upon and across the following' described real property: . / ~ , .. . All that certain piece or parcel of land situate in the northeast quarter of the south- west quarter of Section 7, Township 1 south, Range 4 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of Cali- fornia, and more particularly described as follows: , ... . ,; Beginning at a point in the east line of said northeast quarter distant thereon South 1047'29" West, 20.00 feet from the northeast corner of said northeast quarter; thence South 1047'29" West, along said east line, 24.00 feet; thence South 89047'29" West, 289.00 feet; thence South 82058'33" West 134.76 feet; thence South 74050'19" West 267.26 feet; thence south 82033'06" West 142.02 feet; thence South 84015'06" West 113.12 feet; thence South 85003'38" West, 216.71 feet to a point in the southeasterly line of land of the Atchison, Topeka and Santa Fe Railway Company; thence North 56041'44" East, along said southeasterly line, 285.00 feet to, a point in the south line of the north 20.00 feet of said northeast quarter; thence North 89047'29" East, along said south line, 912.55 feet to the point of beginning, containing an are. of 1.723 acres, aore or less. ,., ~ .~ . ,", -:. .. , , I; .' " " , , ., 1. ".' ',:."",,. " ,~_ ,r" -,. ',C' -'. ' . .;' .' . ' ,. _', '_' . ,'Ii. ";"" . -,,,"j .; ,"<. ~ ';1 , , \' , ' ~ c RAF 5/6/69 - VI o .., '" of the highway as originally constructed, whichever is high- er. 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, for that purpose, 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 appurte- , nances and existing and future transportation, communication and pipeline facilities and appurtenances, in, upon, over, under, across and along said property. This grant is.made subject to all licenses, leases, easements, 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. 4. If the construction of said highway upon the afore- said described property is not commenced within five (5) years of the date first herein written, and if thereafter Railroad shall so request, Grantee shall i_ediately review its plans for the utilization of said easement, and should it not propose to utilize such easement nor have plans for such utilization, Grantee shall commence a proceeding to vacate the easement herein granted in accordance with appli- cable statutes or laws. 5. Before installation of any ditches, pipes, drains, sewer or underground structures,. or the facilities of any telegraph, telephone' or electric power lines along, in, over, or across said property, except as may be necessary i. 2. ." o RAF 5/6/69 - VI o " ,. for the maintenance of said highway, Grantee shall notify Railroad in advance of said installation and submit de- tailed construction plans outlining proposed method of in- stallation for review and approval by Railroad. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway, upon said property, from the governmental body or bodios having jurisdiction thereovor. This indenture shall be subject to the provisions of a certain agreement dated July 18, 1966, between the parties hereto, covering the construction and maintenance of said highway. , i;' $ ; \~ 7. 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 contem- plated 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. " ~' 1. ~" ." Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and exPense, agrees to remove said highway from said property and restore said property as nearly as practicable to the same state and con- dition in which it existed prior to the construction of said highway. Should Grantee in such event fail~ neglect or re- fuse to remove said highway and restore said property, such removal and restoration may be perforaed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to i , 3. ) . .' o RAF - 5/6/69 - VI o " '" Railroad upon demand. 8. The provisions of this indenture shall inure to the benefit of and be binding upon the successors and as- signs of Railroad and the assigns of Grantee. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate by their respec- tive officers, thereunto duly authorized, as of the day and year first herein written. SOUTHERN PACIFIC COMPANY By , (Title) Attest Assistant Secretary CITY OF SAN BERNARDINO By , . ! . , Mayor ~.:' \-'. / i A 1TESTb I: I , ,Clerk Approved as to form this \ day of , 'l\ltlll. ,', ... ,_.~ , ; (, \' . ,.. ., ". \~' ;'-t: .! Gi tr Att''otn:et, , , ~. } "-' ! i' i " ,.' . '!' 'I .. , ."~ \,'" ~- , , i ,4.