HomeMy WebLinkAbout23-Public Works
" city OF SAN BE~..~ARDINO}g REQUES\ FOR NCO~NClt ACTIOI
From:
ROGER G. HARDGRAVE, Director Subject:
Public Works/Engineering
Street Easement Indenture
Hunts Lane/Redlands Blvd.
Dept:
Date:
February 7, 1990
Synopsis of Previous Council action:
06-14-84 -- Resolution No. 4613 of Community Development Commission
adopted approving Owner Participation Agreement, including
$317,500 for improving Hunts Lane Grade Crossing No.
B-541.0.
11-21-88 Resolution No. 88-441 adopted authorizing execution of
program Supplement No. 50.
03-20-89 -- Resolution No. 89-83 adopted authorizing acceptance and
execution of Indenture with So. Pac. Trans. Co. fOf:"a :=',
drainage facility.
-~.., '-,~~:;
1-'-'
c;.)
-
, ~1
\ '-)
Recommended motion:
Adopt Resolution.
1,J 1.:"J
."
cc: Marshall Julian, City Administrator
Jim Penman, City Attorney
Jim Richardson. Dep. City Adm. Dev.
(J4t:E~
ct?-
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached: S ta f f R e p 0 r t, Map
Ward:
3
FUNDING REQUIREMENTS:
Amount: Non e
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
^n.anrl'!:ll l'torn f\.ln
~.3
CrTY OF SAN BEl IARDINO - REQUESl POR COUNCIL ACTIO~
STAFF REPORT
The Owner Participation Agreement for South Valle Project included the
amount of $317,500 for improving Hunts Lane Grade Crossing No. 8-541 with
the Southern Pacific Railway. This improvement will consist, in general,
of widening the crossing to match the approach roadways, installing
automatic gates with flashing lights, and drainage facilities. One-half
of the costs are to be borne by the City of Colton, since the west half
at the crossing is under their jurisdiction.
An application was submitted by RDA to Caltrans for Federal-Aid Section
203 Funds to finance 90% of the costs for installing the automatic gates
and f 1 ash i n g 1 i g h t s. C a It ran sap pro v e d the a p p 1 i cat ion, sub j e c t to the
condition that the project be handled by our office, since we have had
previous experience with Section 203 projects.
To properly facilitate the widening of Hunts Lane, it is necessary to
obtain an Agreement with the Railroad to authorize the work within their
ri ght-of-way. The Indenture (Easement) is attached to the Resol uti on as
exhibit "A" and contains certain conditions and restrictions as to the
use of the land, however, none of these are unduly restrictive or will
hinder the exercise of the rights granted. For this reason it is
necessary that the Indenture be accepted by the City, in addition to
granting authorization to execute.
We recommend that the Indenture be approved and accepted.
7~_0264
, .
. ,
~'-
. ~
__ P~~L__ "- ~
;l:i:J.I.-$ Ol.i. spree
"rIle: ,. lJ€Eb Ad.:.t>iT
J..j;"IJSE AiliJ".-N,A. Iv~~~.
L \)\~c.~.
I
i:.L..>CTlCk Tb \Z~b
,\"r'L, 0'. CU~B -'=AC.E.
\j' F~btr. '\.t:,F 1i,AC"
i'- l~_U.d~~1i:. Cu.t;S,f.iU.
1--
!
\I
;>IJ '7"
~""
".
"
"
"
".
."
" "
",
" "',
", "
" -',
~..
".
, " "
"'. "', "'" "...~-'-
~
--
,
L6T 3 BLK,G-5
:<'E.L~Ct,rE..
.cf_~ C.f:..C5~ JlJC S
~T~ U\\ES
..fS:
D'! = D.C,3258 A.c..s-r
= c. C. 24C. 5 ...
=- D,Cl'2.5cD
=- C.Cl I/DZ,,=> ...
Cl.~32S8 ..
= Cl.~.3 2.S8
= D.\(P3c"B .,
. ,., ....._,..
,
2.506' t' .. SC't
\~/~
2500' t \! ~
Y."
J;::... I
~~~
2soo.tMzsc,...' ~
u..3' Cc.ltlC. df.6t:V-: v....,,'-l-
.... ..~.V.b\fC.''''
1"A..\:."':-..~c..H \Z" :'/t,"4 N~.2
6S'~ln~o:A.~C!.S . .
DO CLo.LHACI::( INS",",- ~~. OF
::--ll.L:."be.Ee..':'''.C.~.sH04(',CH EI\':.rl h'''I~ L\""EJ
'Wln-\ Gh.LV. EH.b PLA.Ti:.t EAtt, Sib'
_t
o
III
~I"
. ,../f"~a..L\
I' \\~e.. I-A /
. -. I
I ,,_I
<:_i..1"i:rSTALL 2 ~~. ~ C\t;SSt/,jG WAlU-WIG ~Ellce~
.. " . -" _. - RE.NlCIVE \ E~\s-r\\IG 1olC..S CElICt:
~. 'l\lc:..Z\
3b'--; ".
. ~A~E~ .
"7 ~2'A;'
I J"
'. \/
~t>. 22.
\' .l~-'. :-,,' i~ :i_
. -......c^ ;.", _~ "
. '-".........r. 2
- . .
s
Sout
'T,.CIInsF
caL\'aN
PR(:)~u5E.tl ~'
ME-NT c.r= \-
C.RClSSING
SCALE \"':' 50'
VAL. SEC. 33 SHEET
ROUTE HO.:B "".54
d." aCT. 28 12>
, .
.
1
2
3
4
5
6
7
RESOLUTION NO.
A RESOLUTION OF THE .CITY OF SAN BERNARDINO
AUTHORIZING THE ACCEPTANCE AND EXECUTION OF AN INDENTURE WITH
THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE
CONSTRUCTION, MAINTENANCE AND USE AS A STREET FOR PROPERTY
LOCATED ON HUNTS LANE, SOUTH OF REDLANDS BOULEVARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Clerk of the City of
San Bernardino are hereby authorized and directed to execute
8 and accept on behalf of said City an Indenture with the
9 Southern Pacific Transportation Company, a copy of which is
10 attached hereto and incorporated by reference herein as fully
11 as though set forth at length, marked Exhibit "A", for the
12 con s t r u c t ion, m a i n ten an c e and use a s a s t r e eta n d m 0 r e
13 particularly described in said Indenture and concerning that
14 certain real property in the City of San Bernardino and City
15 of Colton, County of San Bernardino, State of California,
16 generally located at the intersection of Hunts Lane and the
17 Southern Pacific Railroad Crossing, South of Redlands
18 Boulevard and said City consents to the recordation thereof.
19 /I
20 /I
21 /I
22 /I
23 /I
24 /I
25 II
26 /I
27
28 02-07-90
, .. .. ,
1
RESOLUTION AC~EPTING INDENTURE WITH S.P.R.R. -- HUNTS LANE
2 I HEREBY CERTIFY that the foregoing resolution was
3 duly adopted by the Mayor and Common Council of the City of
4
5
San Bernardi'no at a
meeting thereof held
on the
da y of
, 1990,
by the
6 following vote, to-wit:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES:
Council Members
NAYS:
ABSENT:
City C 1 e r k.
The foregoing resolution is hereby approved this
day of
, 1990.
W.R. Holcomb
Mayor of the City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
City Attorney
By:
02-07-90
2
. .
. ,
*
ck110pREG 61-63
* FORM7362/KAF
'"1:
APPROVED AS TO FORM BY
GENERAL COUNSEL
c. S. 7362
STREET OR HIGHWAY EASEMENT
THIS INDENTURE, made this ____ day of , 1990,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein called "Railroad", and CITY OF SAN BERNARDINO, a
municipal corporation of the State of California, herein called
"Grantee";
WITNESSETH:
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 saio plane, provided that any such
facilities will be removed or rearranged 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, its successors and assigns, to use all the property
described herein. There is reserved unto Railroad, its successors
and assigns the right to construct, reconstruct, maintain and use and
remove existing and future transportation, communications, power and
pipeline facilities in, upon, over, under, across or along said
property. In the event Railroad trackage facilities are removed from
said property, Railroad shall not be obligated to make any change in
the grade of said highway. Railroad's title to underlying property
shall not be affected.
4. The rights herein granted shall lapse and become void if the
construction or reconstruction of said highway is not commenced
within two (2) years from the date first herein written.
- 1 -
5. This grant shall not be construed as conveying or otherwise
vesting in Grantee the right to install or to authorize the
installation of any ditches, pipes, drains, sewer or underground
structures, or the facilities of any telegraph, 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 Right of Entry
agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grantee shall bear the
entire expense of constructing, reconstructing and maintaining said
highway. The crossing of said highway over any tracks of Railroad
shall be constructed and maintained at the grade of said tracks now
or hereafter existing. After the construction or reconstruction of
said highway has been completed, Railroad shall maintain the surface
of that portion of said highway between lines two (2) feet outside
the rail of each track located thereon. Should ~ailroad abandon
tracks leading to said highway, Railroad may leave the rails, ties
and appurtenant materials located therein or thereon in place. In
such event, Railroad shall not be liable for maintenance of the
portion of said highway specified above.
8. As part consideration hereof, Grantee agrees to pay Railroad
an amount equal to all assessments levied by order of any lawful body
against the subject property of Railroad (and which may have been
paid by Railroad) to defray any part of the expense incurred in
connection with the construction or reconstruction of said highway
commenced within two (2) years from the date first herein written.
9. Should Grantee at any time abandon the use of said property
or any part thereof, or fail to use the same or said purpose for a
continuous period of one (1) year, the rights granted 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. Upon termination of the rights hereby granted, Grantee
agrees to remove said highway, including the paving, from said
property of Railroad, to restore said property as nearly as
practicable to the same state and condition in which it existed prior
to construction of said highway, and to bear the expense thereof.
Should Grantee in such even fail, neglect or refuse to so remove said
highway and restore said property, such removal and restoration may
be performed by Railroad at the expense of Grantee to pay to Railroad
upon demand.
- 2 -
. .
10. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so as
to bind and benefit their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate as of the day and year first
herein written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By:
Title
Attest:
Asslstant Secretary
CITY OF SAN BERNAROINO
By:
Mayor
By:
Clerk
-3-
I
I
I
w:..uCn~k 7b t!"4b
.,." 0" CUI/B ':ACE.
~. F~!>H', ~ ~F '\ ?J,'~
,,- l~..U.iafoili:" C.U.S.i'NG..!.
-r-
!
. .
~
-.
."'j;'".'~ 0.. SI'TCll.
.I.,,'ii. ~ DEEb "Ub\T'
Li:'4SE AJJ"n- NA lu6~.
\. ~J\~C:;~'
i
l
"
I'
.< ~
L.
;:.._...,'.......
':-'
.' ," ,.. ~""--: n
,
z='Vsao.t d ~
Q I
250C.t - ~..
'0/;;
2..5M'!~2.5AIl: t
2soo.tffizsc.a. ~
---- Goo..5' Cc.wc. dl..Ci:::. ",,.,,~t..
........\i.....~~C..4 IZ" :Ir."~ N~. 2
65\~:~k~='A..sa .
Cl 0 CLEAI.TRACt:,f INS11ILL ~. 01"
;--lIL.~~a.i.(L -='P.-:..:.st~C'I~H. Ellie.... ;-t2""~ '-'kE."
",,,uno\, Glt.L..V. EU.b PI....T~~ I!^C..' S(t:llZ
.~~V"~Il't.'riJ
.t
o
l/l
II
~''''
.. \
'..1"11. Q.a.l..
/\W,r.,I.I:>./
1''-/
. ~N . r
---
c,n \I2tIP.""L.O I..~<< C'Ni? PEP.
. \I~nl\lL :.a~ lUlBilU. Cll.U:",,,
. I.!NO P...^:-i~S CAell S/~'
~"".
-_;=-."1irS'iAl~ 2 Ilr..
. -, - 1<.:.I<IClIF.
.......NC:..2l
. ~~a.:E2\
'-; "'" 2 -A /
! j
. 'I
'.I C2.Cl'SING WAR.t;IIo;C r.En(a~
I E~\n\\l(, "'C>,~ DEVICE
",r:, 2 2.
.'.
,
'.
,
,
"
'.
"' '.
~.......
,
".
'~. "
, .....
" "". "'. . '" "". -...., ,....~-'-
"""'.,",,".~
~'-~
L6T 3 BLK.t.;.5
-;V
:<i.~Q<:1>. ,E-
,',;f.O:.. C"'CS~ 'fiG!
~T'< L\'~ES
.~.rs:
SOl
T~,
DO!: = Cl.CUZ58 Ac..s't
= C>. ~ Z4C1 5 ..
= 6.C'Z.5cD
:. c..c I....Z.S "
C.~32S8 ..
., = C.~ 3 Z.5S ..
= D. \ (".3 (,8 "
. j:,:i;r~~:~j~ _>..".
; ~
CaLla'
PRC,PuSEt
. MENTc.F
eRCo 55 1l.1
SCALE .. \.. : SO'
VAl,.. sr:c. .3..a _ SHI
"aUTE "0. ':2a ".11;
OAT! OCT. ZS I
;.
-.