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HomeMy WebLinkAboutReso 1972-6474'. . ~ .ti ~ RESOLUTION NO. 6474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FOR FRONTAGE ROAD AT "F" STREET AND I-5 FREEWAY FROM SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, AND AUTHORIZING THE MAYOR TO SIGN THE EASEMENT FORM ON BEHALF OF THE CITY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain grant of easement for frontage road at "F" Street and I-5 Freeway, executed by San Diego & Arizona Eastern Railway Company, dated the 20th day of June , 1972, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein be, and the `same is hereby accepted by the City of Chula Vista.. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute the easement form on behalf of the City of Chula Vista. Presented by ~-- ~' Lane F. Cole, Director of Public Works Approved as to form by ~~ ~ ~ ~ ~-C/~_.;- George D. indberg, City Attorne ADOPTED AND APPROVED by the CITY COUt1CIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of June , 1972, by the following vote, to--wit: AYES : Councilmen Egdahl, Scott, Hyde NAYES : Councilmen None ABSENT: Councilmen Hobel, Hamilton ~ ~ Mayor o t e City o u a Vista ATTEST ~E%lL~c.~~, /,f'j `./Zc-~~..~;~~~' Pro Tempore ~~% City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ~ ~ ~. RESOLUTION NO. 6474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING EASEMENT FOR FRONTAGE ROAD AT "F" STREET AND I-5 FREEWAY FROM SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, AND AUTHORIZING THE MAYOR TO SIGN THE EASEMENT FORM ON BEHALF OF THE CITY The City Council of the City of Chula Vista does hereby resal.vve as fellot-~s : NOW, THEREFORE, BE IT RESOLVED that that certain grant of easement for frontage road at "F" Street and I-5 Freeway, executed by San Diego & Arizona Eastern Railway Company, dated the 20th day of June , 1972, a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein be, and the same is hereby accepted by the City of Chula Vista.. BE IT FURTHER FESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute the easement form on behalf of the City of Chula Vista. Presented by n ~~;~e ;... ~~ ~^ i`` Lane F. Cole, Director of Public Works ADOPTED AIJD APPROVE CHULA VISTA, CALIFORNIA, this by the following vote, to-wit: Approved as to form by ~'" ~~ i George D.~indberg, City Attorne D by the CITY COULICIL of the CITY OF 20th day of ,Tune , 19 72, AYES : Councilmen E~dahl, Scott, Hyde NAYES : Councilmen None ABSENT: Councilmen Hobel, Hamilton i~ ~ /,~ f ~ Mayor o the City o ula Vista ,.. ATTEST .-~-c ~'-;~(l•.~ /~ ;~,~L_~~~;.T~. pro Tempore ;/ City Clerk STATE OF CALIFORNIA } COui3TY OF SA:v DIEGO } SS , CITY OF CHULA VISTA } I~ Jennie M. Fulasz , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No.6474 , and that the same has not been amended or repealed. DATED A r;1 2 1973 ~' City C ery, ~~7`~~ Return to: ~:~~, y `73-1128'7 ~a~~ ~~73 <~~7,~~ ~~/G~C.~w ~~ ~' ~ . ~tECg80~D REQUEST OF c..~c~~ze~r ~ ~<LC`~:c~, ~~z-~ . ~~-~r~ ~2: ~~~~ITY CLERK ~ APR ~~ 9 56 ~N'r~ OFFICIAL tcLOROS SAN DIEGO COUNTY.CALIF. HARLEM F. BLOOM RECORDER X10 FEE ,, .. ~ A.-"Pt•OVED AS TO,FORM BY GENERAL COUNSEL, AUGUST 18, 1966 36 Z-~B,~ - ... yy ' ' C.S.7862 I~v~:::~~t~.i~i~Ai?Y T?A.N5FER TAX ~._ ~.........A STREET OR HIGHWAY EASEMENT ~~t~ ~ttdpttf~txr, made this loth ~,y of June , 19 72 , by and between 1Ri1f' II58Iit3 ~ A>~$A ~'I'1~~,~L#AT CC~AllY, s +corpoarati+~n ©! t~ $tat~ tAf 1~OYitda ~ ~•--~•••-----••.- herein called "Railroad," and Cwt' t~F CECLA Vt8~1'A, a munictpai carp©rat3on cif th! Stag 4f Cal f~o1'IIift , «.~.~..~«-..»~....-..,... herein called "Grantee"; ~#nl'~~P#~: 1. That Railroad hereby grants to Grantee the rigr~t 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 corr~mon 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- ~urtenances in, upon, over, under, across or along said property. In event tracks are removed from said property, Rail- .~oad 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.wa, yy from the date first herein written. 5. This grant sha~ not e oriS~r~ii'e~ as conveying or otherwise vesting in Grantee the right to install or to au- `horize 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. ~1 vrnr~~- oc -- ~~'~ em_IItl]P_rSSILS'E_11Y'(1V1fIPl~_ CrantPa shall hoar tha nntirn nvr~pneo of nnna+r~in~ir,(r ,.o.,.,,~a~,..,,,+;,,.,. ' i~~.,STL~1~.L~GKSUC~J3i,1~x. After the construction q~..xe~,c~uStr',a,~~j,y~LOf said highway has been completed, Railroad shall maintain the surface of that portion of said highway between lines two (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Rail- road may abandon its rails, ties and appurtenant materials and leave the same in place. In such event, Railroad shall not be liable for maintenance of the portion of said highway specified above. 8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construction or reconstruction of said highway commenced within .l.)..~,eax.,from the date first herein written. 9. Should Grantee at any time abandon the use of said proper ~ or ~,ny p art thereof, or fail to use the same for said purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so aban- doned 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 dis- continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in- cluding 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 the construction of said highway, and to bear the expense thereof. Should Grantee in such event 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, which expense Grantee agrees to pay to Railroad upon demand. HOC x i~~~4~~v~.xc~c3~ ~TiicFtd€~~FI1~E~~~'c~tl~itfxK ~CrXtK~~iI~r~S~cicz~)?~4~~ix ~~'e~~i~~~C~~~~3~~f,~e~ ~sl~adklrec~q~~z'~ icrx~ck~~ilx~c~ci~arast~dri ~3~Yixp~~~jac~~cc ~#~~~~~ 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 1~. Sectiarns 3.5, ~.~ and 18 on the attached insert are herebq ~sade ~srt~s he7r~f IN WITNESS W~'EOF, the papties.hereto have caused these presents to be executed in duplicate as of the day and year first herein: vy°ritten. ., : , , . ~- ~I' ~ A ~ Y " A, ..EiA~'~RN,-~iAIL1iFAY Cf'~tPANY CITY AF CAULA VISTA f ~~ ~ii{~~i.G~,f lL ~-yv J+1.f.~.1. ilL 1V ' j '.. ~~ ~ .. Attu: ~ ~ t ~; ,~_~ ~--' aD Q Y 1 f 1 p"r ~~~ro ,T,empore ~• ~-~.j~ ,_ STATE OF CALIFORNIA ~ ;;'J City and County of San Francisco ss. On this 21-l.tYl day of_ JUlY in the year O»e Thousand Nine Hundred and Seventy tW O before me, GENE H. ELLINGER , a Notary Public in and for tht City and County o) San Francisco, State of California, personally appeared (One Market St.) Gl. M. Jaekle and F. A. Fiamriengo ~~~~ ~ N)~„RY N~~~;' i ~ ~;n , ~~! .~ P41',,;I l I ~. ~ f~~ ' ~ :~1'TY iINU .. 7r > > j 5 a v ~. ~J1y ` pmt ~is~lo ~ ~x ~ J ~ti l l 19%5 ..:_~%~.` _._F-ter ~.~rr_,___._._.~,._~_ _~~~'c~=.~~~ Corporation My Commission Expires July 11, 1975 known tome to 6e the ~T1Ce President and Assistant ~ra~rPtar~ of the corporation described in and that executed the within instrument, and also knorun to me to be the person~_who executed it on behalf of the corporation therein namtd and~_he~_acknorvledged to me that such corporation_executtd the same. IN WITNESS WHEREOF,1 have hereunto set my hand and a8ixed my o8icial seal at n:y office in the City and County of San Francisco, the day and year in this certificate first about written. Notary Public in and for the City and County of San Franc' ,State of California. -_-_.. ~; ^ -~-" ~~~ ~~~ ~ ' ~ttl1'1~1 fl~F! The right of way and incidents thereto for a public highaap upon, over and across that portion of the Northwest quarter of Quarter ~eetion 162 as said Qruarter Section is shown on "Ihtp of Subdivision of ~-ncho de la Nacion" also known as Itap No. 166, filed in the office of th® County Clerk of San Diego County on l~sy 11, 1869, described etc follows: Eb~eacing at the intersection of th® ~'asterly Tine of the lYesteriy 20 feet of said Qtiiart®r Section with the Northerly line of the Southerly 40 feet of said Northwest quarter o~ said Quar- ter Section; thence along said Nor"therly lies, N. ?2 02' 24" R., 239.$? feet tO the T$~TS flOII~'T OF Blit~rINNING; thence (Z) N. 440 32' g8" B., 46.08 feet; thence (2) Northwesterly from a tangent bearing N. 330 08' 15 1-., along a curve to the left having a radius of 2?8.00 feet, through a central angle of 180 43. 39" an arc dlstaace of 90.8? teat to a point in the Northerly line of land described in the deed to San Diego and Ari$ona 8astern Railway Co~tpany, recorded September 29, 19?1, as docum®nt No. 223163 in the Official Records of Ban Diego County; thence (3) Easterly along said line from a tangent bearing 8. ?80 41' 32" $., along a curve to the let having a radius of 458.34 feet, through a central angle of 10 2?' 14", an arc distance of 83.83 feet to the ffioutheasterly t®rmiaus of course described as "... a curve ... with a radius of 330.00 feet ..,"1n Parcel No. 1 of that Final Order of Con- demnation recorded qty S?, 19?1, Recorder's 1'iie No. 111506, Suter or Court Case No. 314152; thence (4) from a tangent bearing S. 3 ~'!t' 48" E., along the Southeasterly continuation of said 330.00 foot radius Curve, said coati~uation bein~r:~a curve to the right, thrs~ugh a central angle of 08 a5' 43", an arc distance of 48.54 feet to a 11ae lying Southerly of, coaceatric with and 40 feet distant, measured radially from the Easterly continuation of course (3) hereinbefore described; thence (5) from a tangent bearing ?~. 8? 83' S4" Y+~., along last said line, being a curve to the left hewing a. a~ttd#us of _ ~3. 3~ ~e~,throu;h a central eagle of 050 32' 26", an arc distance of 48.29 feet to the Easterly line of that land described in said deed to San Diego and Ariaona ~6aetern Railway Company; thence (6) along said Rasterly line S. 1?° 57' 38" 8., 32.60 feet to the Northerly Ilse of the 80 foot wide "~"" Street; thence (?) a~iong last said Northerly line i~. 720 02' 24" X. , 140.98 feet to the TRUE JOINT 4F BNfiINNI1Wii. Containing 0.14 0! an acre, more or less. There shall be no abutter's rights of acce:~s appurtenant to the above described r®al property fn and to the ad~aCent 6tate freeway. The bearings and distances used in the above d®scription ar® on the California Coordinate System, Zone 6. Ii[ultiply all distances used. in the above description by 0,9999$45 to obtain ground lev®l distances. ,~ • • i3. "!'he construction of said highway is covered by that separate agreement between Railroad and the State of California (acting by and through its Department of Public 1Yorks) relating to the proposed Insterstar 5 l~'reerny pro~eot at Chula Vista. I4. Railroad shall furnish all neceaa~ary labor, materials, tools and equipment to perform, and shall per~rm, the following work at said highway: tai prepare i,ts track and install treated timber planking along the rails of Maid track through the grade crossing; and (b) install two flashing light grade crossing signals, egx~ipped with automatic gate arms, tage'lther with actuating and operating circuits and adequate instru- ment housing, hereinaft®r collectively referred to as "signals", at said crossing. The installation of, and all materials rased for, Braid signals shall. be in accordance with Railruadts usual standards. Said signals shall b® placed in locations to be mutually agreed upon by authorised representatives of the parties. 15. The work contemplated hereunder is undertaken as a part of the State of Ca3ifornia's ;;tads separation proaeet mentiaz~ed in s®ctioa 13 2zereof, and $ailroad, under its aforesaid agreement with the State of California, is to be reimbursed for all expense incurred by it in connection Cher®with; except-that the cost of said signals shall bQ shared between the State of California and 8silroad on a 90-1U cost apportionment basis. After installation railroad shall maintain said signals so long as they remain in place. grantee shall. pay fifty percent (P~Q~) of the cost of asuch maintenance if allocat®d funds, as provid®d in Section 1231.1 of the Public Utilities Cvde of Cali- fornia, are available. ~_~, 9C~G~K I873~~ ~~ /~ RECO~,D ED RE4UEST OF ~••• ~~`~ t~CITY CLERK ~ QP~ 23 9 44 ~N ' ~;~ OFFICIAL f,::GOR05 * SAN DIECO COl1NtY. CALiF. NARLEY F.BLOOM RECORDER ' ; / i