HomeMy WebLinkAbout9321 Auth Agreement with Southern Pacific Co re Abandonment of railroad line on Rialto Ave betw G Street and Pico11
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COIQvION COUNCIL OF THE CITY
OF SAN BERNARDINO .AUTHORIZING THE EXECUTION OF AN AGREEIViEiPl BET` BEN
SOUThERN PACIFIC COMPANY, A CORPO?,,W1!ION OF THE STIIE OF DELA4ARE,
AAD THE CITY OF SATE BERN&DINC, k MUNICII-4iL CORPUIATIUkz OF THE
ST�',TE OF CALIFORN1F., FOR THE ABANDONMENT OF THE kLILROLD LINE LJW
FiZILITIES IN RI14LTO i�VME BET4EEN "G" STREET iNi) PICC AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF IHE
CITY OF &Z BERK&RDINO AS FOLLOWS:
SECTION ONE: That the City of San Bernardino execute an
kqreement with Southern Pacific Company, a corporation of the State
of Delaware, for the abandonment or the railroad line and facilities
in Rialto Avenue between "G" Street and Pico ivenue, and retiring
.of two street track crossings as delineated on Drawing LD457, and
�as described and set forth in Exhibit
SECTIOR TWO: That the said agreement referred to herein,
,a copy of which is attached hereto, marked Exhibit and is
Lhereby referred to and made a part hereof as fully as though set
out at length herein, is hereby approved.
SECTION TH�EZ: That the ivAyor of the City of San Bernar-
dino is hereby authorized and directed to execute said �"'greement
on behalf of the City of San Bernardino.
I HE.,EBY CERTIFY 'Z1,T the foregoing Resolution was duly
adopted by the 1,14yor and Common Council of the City of ban Bernar-
dino at a�Ag��,,u �,
meetingthereof held on the
day of
4 1968, by the following vote,
to -wit:
AYES: Councilmen e_e _? x",
ABSE NT:
t-y-Cle-r_
The foregoing resolution is hereby approved this
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day of 1968.
Approved as to form,
AyCAS.* rney
� yor�ot e CitSan Berna ding"
EXHIBIT "Am
THIS AG1"EEi,IENT, made this ' day of
by and between SOUTHE:1N PACIFIC COMPANY, a coyporation of the State of
Delaware, herein called "Railroad", and CITY OF SAN BERNAIRDINO, a
municipal corporation of the Stale of California, herein called "City";
WITNESSE711:
Railroad having concurrently quitclaimed certain real estate in
Colton !',venue in the City of San Bernardino -to City in exchange for
relief from franchise obligations; and
WHE22AS, Railroad's application to the Interstate Commerce
Commission for authority to retire that portion of its s'an Bernardino
branch line right of way between its intersec-,ion with the new Palmdale -
Colton cut-off line and "G" Street in the City.of San Bernardino and
along a portion of Rialto Avenue in said city has been approved; and
11,11.E EAS, Ra.ilroad desires to retire and abandon in place the
portion of said line between Station 2959+92 and "G" Street in said
city at Station 301�:+19.73,
IT IS HEREBY AGREED between the par ties hereto that said line
may be and is retired by Railroad betv.,een the points referred to in
the second preceding paragraph as hereinabove indicated, and the
facilities of railroad ;nay be and are abandoned in place betN},,,een said
stations above indicated and -as shown more particularly on Railroad's
Los Angeles Division Drawing LD 457, Sheet No.!, dated December 1,
1936, copy of which is attached and made a part hereof by reference,
it being specifically agreed that the portion of said line marled
in red on
said drawing
may be and
is abandoned in
place, and
Railroad
shall not
be liable for
continued
maintenance of
any potion
of
said
Rialto Avenue.
IT IS FU I.THER AGREED that the portion of line referred to which
is Forest of StatioD 29-59+92 and whicID is indicated in mauve on said
above re'werPeet to drawing, a no, th-' WO (2) S-.reei gibe): crossings
mar„ed in yellow thereon, are retired and, at Railroad's ei.cu'tioil.
M
RHK - 3/1 y/68 -- 'DTI
may be removed by Railroad. It is understood and agreed that
determination to remove said traci�s, crossings or ;other structures west
of said Station 2959+92,or to remove the two (2) tracis: crossings
marked in yellow on said drawing, shall be solely the decision of
Railroad and if effected shall be accomplished by Railroad.
City agrees to indel;inify and save Railroad harmless from and
against any and all claims, loss, damages, injury and liability,
howsoever same may be caused, pertaining to the abandoned portion of
line hereinabove referred to, and subsequent to the date hereof.
IT IS FURTHER AGREED that at such time as trackage easterly of
"G" Street on said Rialto Avenue is no longer required by Railroad,
and subject to approval by the Interstate Commerce Commission, it too
will be retired in place and abandoned by Railroad.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first heroin written.
4
SOUTHEIII ? 'PACIF�C COnIPANY.--
By
Assistant 5ecre 'Lary
ATTEST: CITY OF SAN BERNARDINO
By
STATE OFCALIFQRNIA,
t City and County of San Francisco} ss.
1 On this_
— darotary ubl
y-of— - c V 6 s+
before nze, ROBT. J. BUSHNER, a �'--- — in the year One Thousand Nine Hundred and Sixty!, '" I ic in and for the City a�;£County o San Francisco, State of California, personly appeared
(G5 Market St.) ..f*' L. E. Hoyt and A #�,�,I&wn to me to be the Vice President and;Assistant
Secretary, respectively, of the corporation described in and that executed the within
nistrunaent, and also known to me to be the
ROE�T. J. BUSFINER r persons who executed it on behalf of the 700 corporation therein named and they acknowledged to me that such corporation executed
NOTARY PUBLIC - CALIFOR,, f,, the same.
1-niNCIPAL PLACE OF BUGINES�, 'a '--
*++ f CirV N F COUNTY j F IN IVITNESS� 'HEREOF', I7aroe hereunto set my hand and affixed my o cial
$AN FFANCISCO v3`�
�.., r sec11 at my office m the City and C unty of San Francisco, the clay and year in this
j<
vy Comm fZu �� :CJ JWY?, 1„ certificate first above wrztten�
r Y Corporation Notary Public it and for the City and County of San Francisco, State of California.
MY Commission Expires July 12, 1970
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