The URL can be used to link to this page

Home My WebLink About9839 5 6 71 , 81 9! j' 10 Ii !I nii il 121 I 131 14 15 16 17 18 19 20 21 22 23 24, 25 26 I 27 ! 28 29 30 31 321 I I I I .1 i ~ , !I Ii 'I I' 1 il RESOLUTION NO. 'f' r:; f 21! A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I, OF SAN BERNARDINO ACCEPrING AN INDENTURE FOR STREET AND HIGHWAY 3 PURPOSES FROM OOUTHERN PACIFIC COMPANY, A CORPORATION OF THE STATE OF DELAWARE, FOR A PORTION OF MERRILL AVENUE (MILL S'lREET), WEST 4 OF RANCHO AVENUE. BE IT REOOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. That the City of San Bernardi no does hereby execute and accept an Indenture from Southern Pacific Company, a corporation of the State of Delaware, for a portion of Merrill Avenue (Mill Street), west of Rancho Avenue, to be used for street and highway purposes, over that real property situated in the City of San Bernardino, County of San Bernardino, State of California. 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 Mayor 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 a~:t;N~'4v maating thmof hold on tha c:r~~ day f ____________ , 1969, by the following vote, to-wi t : AYES: Councilmen ~.A,.-v ;r;;:~) , / _ __N' ,L 7 / ,~ " NOES: ABSENT. ~IJC~ Ci ty er The foregoing resolution is hereby approved this 0::,7 Jc: 9, 10 \1 11il I 121 131 141 , 15 16 17 18 19 20 21 22 23 24 25 26 271 28 29 Ii I . i I 1 Ii Ii II I, 1'1 day of ~ I. 211 311 4 5 61 I 7 8 #z:. C5 30 FILED 31 32 MAY 29 1969 ::;:;If::: . , 1969. no .. ~ - 5/6/~9 - VI - 27090/3~ , - BXHIBIT "A" THIS INDENTURB, made this day of , 1969, by and between SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware, herein termed "Railroad", and CITY OF SAN BERNARDINO, a municipal corporation of the State of California, herein termed "Grantee"; WITNBSSETH: 1. That Railroad hereby grants to Grantee, the right to construct, reconstruct, aaintain and use a street or.higb- way by means of an overpass, upon and across the following described real property: All those certain pieces or parcels of land, situate in the County of San Bernardino, State of California, and more particularly described as follows: Parcell; The east 590.00 feet of tbe west 1904.71 feet of the north 20.00 feet of the south 50.00 feet of Section 7, Township 1 South, Range 4 West, San Bernardino Base and Meridian. Parcel 2; The east 590.00 feet of tbe west 1904.71 feet of the south 20.00 feet of tbe north 50.00 feet of Section 18, Township 1 Soutb, Range 4 West, San Bernardino Base and Meridian. , The above-described parcels of land are sbown on tbe print of Railroad's Drawing CB-34729, revised October 11, 1966, attached and made a part bereof. 2. The rigbts berein granted are expressly limited vertically and shall not extend beyond a plane parallel with and twenty (20) feet above tbe roadway surface of tbe bigbway, as originally constructed, except tbat lighting fixtures and similar higbway appurtenances may extend above said plane, provided tbat any sucb facilities will be re- moved or rearranged witbin tbirty (30) days after notice from Railroad tbat such facilities interfere witb Railroad's intended use of tbe space above said plane. f: I. '" 1. _~_.__..~~<.__,"' .".~,~_."......_"' _ H . .__.. '__.d_ .~ --1-'-- o RAY - 5/6/69 - VI o . 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 appurtenances and existing and future transportation, com- munication 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 immediately 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 ap- plicable 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 .. for the maintenance of said highway, Grantee shall notify 2. o RAF - 5/6/69 - VI o Railroad in advance of said installation and submit detail- ed construction plans outlining proposed method of installa- tion 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 govern- mental body or bodies having jurisdiction thereover. 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. 7. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any t1me 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 80 discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agree8 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 r, I, .. 3. I , I' f ',;'; .......J o RAF - 5/6/69 - VI , o to Railroad upon demand. 8. The provisions of this indenture shall inure to the benefit of and be binding upon the successors and assigns 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. SOtlTHBRN PACIFIC COIIPANY By (Title) Attest Assistant Secretary CITY OF SAN BERNARDINO By . i , tJ.~ MdPy . lIayo , A'IT~ST : Clerk Approved as to form this day of ,1969.; CHy At:torney 4.