HomeMy WebLinkAboutReso 1971-5942
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Jennie ~1. FuJasz, City Clerli F:LE/!"J~GE HO..
BOOK 1971
p, 0. Box 1087 _, I RESOLUTIO)'! NO. 5942', 'r.ECOr.OED REQUEST Or
'Clula Vista, California 920~ f!!-tL<"e..~ 1!td5- &e:; dL-
RESOLUTION OF THE CITY COUNCIL OF ,THE CITY OF, CHULlhB 16 ID 3!lAH '7 i
VISTA ACCEPTING GRANT OF, EASEMENT FROM SAN 'DIEGO & .
ARIZONA EASTERN RAILROAD FOR'DRAINAGE PURPOSES, AND UH.,Ct;\L ;,ECCi:DS
,RESCINDING RESOLUTION ,NO. 5640 . SA~! O!EGO COUNn, eWF,
HAnLEY F,BLIjOH
liECOi:DER
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The City Council. of the City~f Chula Vista does hereby
as follows: '
,~'O FE~
NOW, THEREFORE, BE IT RESOLVED 'that that certain grant of
easement for drainacje purposes executed by San Diego. &, Arizona Eastern
Railroad dated the 2~h day of May, 1970, 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
Ci ty of Chula Vista for drainage purposes. .
BE IT FURTHER RESOLVED that 'Resolution No; 5640' adopted
on the 5th d~y of ,May, 1970 be, and, the same is',hereby rescinded.,
Presented by
Approved as to 'form,by
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Lane F. Cole, Directorcof
Public Works
ADOPTED AND .APPROVED
VISTA, CALIFORNIA, this 9th
following vote, to-wit:
by the
day of
CITY COUNCIL ,of ,the CITY OF. CHULA
;~February ,1971, by the
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AYES: Councilmen Egdahl , Scott, Hobel, Hami It on , Hyde
NAYES: Councilmen None
ABSENT: Councilmen None
ATTEST. :
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'- City Clerk
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STATE OF' CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I,
Vista, California';':;.DO.iHEREBY"TERTIFY
correct copy O.f':;R~:s'6''!!\1tiori;;NO\': .
'-':~:.>:'r;'~7t'\~;.~..".";;... )',...'1" ,-.,- , T'.-", _'''','', .. -
amended or' rep~:a:.~ed';';,: DATED\':';,,:,c',,
. .>:/:.::,~i:,LT/~?'j;~~:'~'~~{:I.J'
, City Clerk
that the above
, and that: the
<.,'... . . --
of the City'of Chula
is a'full, true and
same has not been
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hen' recorded,pl~ase
et~fto:
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Jennie M. Pulasz, City Clerk
P. O. Box 1087
Chula Vista, CaJ.i[ornia 92012
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gggUili~NTART TRANSFER TAX $....::::52:'_...,;.
MA.y
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THIS INDENTURE, made this 1.1;) day of
, 1970,
by and between SAN DIEGO ~ ARIZONA EASTERN RAILWAY COMPANY, a corpor-
ation of the State of Nevada, herein called "Railroad", and CITY OF CHULA
VISTA, a municipal corporation of the State of California, herein
called "Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee an easement for drainage
purposes in, under, along, upon and across the following described
property of Railroad:
Parcel 17319-21
That part of the Easterly 100.00 feet of the Westerly
140.00 feet of the East half of the West half of Quarter
Section 162 of Rancho de'la Nacion according to Map No.166
filed in the Office of the Recorder of San Diego County on
May 11, 1869, said part is described as follows:
COMMENCING at the intersection of the Westerly line
of said Easterly 100.00 feet with the Northerly line of the
Southwest quarter of said Quarter Section 162; thence along
said Westerly line, S. 17047'25" E., 40.00 .feet to the Westerly
prolongation of the Southerly line of "F" Street, 80.00 feet
wide, as said street is shown on "Map of Chula Vista" filed
in said Recorder's Office March 19, 1888, and is also known
as Map No. 505; thence along said prolonga tion, N. 72002' 24"" E. ,
22.00 feet to the TRUE POINT OF BEGINNING; thence, continuing
along said prolongation, N. 72002'24" E., 65.00 feet; thence
S. 17047'25" E.,.28.00 feet; thence N. 84037'43" W., 70.70
feet to the TRUE POINT OF BEGINNING.
Containing 910 square feet, more or less.
Parcel 17319-24
That part of the Easterly 100.00 feet of the Westerly
140.00 feet of the East half of the West half of Quarter
Section 162 of Rancho de la Nacion according to Map No.166
filed in the Office of the Recorder of San Diego County on
May 11, 1869, said 'part is described as follows:
THIS IS TO CERTIFY Ihat the Jnlerest In rt'al
property ecn~e~eff ,,~ tho dee:l Of grant dati!cf
..'('-:~!)'.!t~.ZQ.f"m.~:.Q.,."t~
c:~,-,,"!..[(a.i!,..;.,~...c!J.:..........1o -1-
tll~ CfT'! cr "HULA "tSib.. J~~lI:icat torpo-
rpti~n. is ~,ere~1 ar.C~I'~J by (l,d,:, of the
CJIy Council on.d,.,;:..'1.:::.7.hl..'nOn_and the
grantee c!}n~~nt; III re~:;dJti;)n thereat by
ilsdulyaulllori,edoflicer.
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COMMENCING at the intersection of the Westerly line
of said Easterly 100.00 feet with the Southerly line of the
Northwest quarter of said Quarter Section 162; thence along
said Westerly line, N. 17047'53" W., 40.00 feet to the West-
erly 'prolongation of the Northerly line of "F" Street, 80.00
feet wide, as said Street is shown on "Map of Chula',Vista"
filed in said reoorder's office March 19, 1888, and is also
known as Map No.505; thence along s~id prolongation,
N. 72002'24" E., 20.00 feet ,to the TRl)'EPOINT OF BEGINNING;
thence, continuing alimg said prolongation, N. 72002'24" E.,
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20.00 feet; thence N. 17 47'53" W., 45.10 feet; thence
S. 72001'47" W., 20.00 feet; thence S. 17"47'53" E.,
45.10 feet to the TRUE POINT OF BEGINNING.
Containing 902 square feet, more or less.
The construction of said drainage facilities is covered
by that separate agreement between Railroad and the State of
California (acting by and through its Department of Public
Works) relating to the proposed Interstate 5 Freeway project
at Chula Vista.
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2. 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 per-
formance 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 transporta-
tion, communication and pipeline facilities and appurtenances in,
upon, over, under, across and along said property.
3. ' This grant is made subject to a 11 licenses, leases, ease-
ments , ,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. The rights herein granted to Grantee shall lapse and be-
come voidif'the construction of said structure upon said property
is not commenced within one (1) year from the date first herein
written.
5. Grantee shall bear the entire cost and expense of con-
structing, reconstructing and maintaining said structure upon said
property. Grantee agrees that all ~ork upon or in connection with
said structure shall be done at such times and in such manner as
not to interfere in any way whatsoever with the operations of Rail-
road. The plans for and the construction or reconstruction of said
structure shall be subject to the approval of Railroad. Grantee
agrees to give Railroad five (5) days' written notice prior to
commencement of any work of construction or reconstruction.
Grantee agrees to reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the in-
stallation and removal of such falsework and other protection be-
neath or along Railroad's tracks, and the furnishing of such watch-
men, flagmen and inspectors as Railroad deems necessary.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or
make changes in the location thereof upon receipt of written notice
from Railroad so to do.
6. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized, lawful body against the property of Railroad
(and which may have been paid by Railroad) to defray any part of the
cost or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structures in good and
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
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expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
8. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad, should be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with the railroad company which
operates on said property, satisfactory to said company and indemni-
fying Railroad from and against all claims, liability, cost and
expense growing out of the performance of the work to be done by
such contractor.
Such contractor shall furnish, at the option of and without ex-
pense to Railroad, a reliable surety bond, in an amount and in a
form satisfactory to said company, guaranteeing the faithful perfor-
mance of all the terms, covenants and conditions contained in said
agreement, and a certified copy of a policy of Public Liability and
Property Damage insurance, within limits specified by, and in a form
satisfactory to, said company, covering the contractual liability
assumed by contractor in said agreement to be entered into with said
company by such contractor.
9. Grantee shall assume all risk of damage to said structure
and appurtenances, and to any other property of Grantee, or any
property under the control or custody of Grantee, while upon or near
.the property of Railroad, caused by or contributed to in any way by
the construction, operation, maintenance or presence of Railroad's
line of railroad at the above-mentioned location.
Insofar as it lawfully may, Grantee agrees to indemnify and save
harmless Railroad, its officers, employees, agents, successors and
assigns from all claims, liability, cost and expense, howsoever same
may be caused, including reasonable attorney fees, for loss of or
damage to property and for injuries to or deaths of persons arising
out of the construction, reconstruction, maintenance, presence, use
or removal of said structure, regardless of any negligence or alleged
negligence on the part of Railroad employees.
The word "Railroad" ,as used in this Section 9, shall be con-
strued to include, in addition to Railroad, the successors, assigns
and affiliated companies of Railroad and any other railroad company
that may be lawfully operating upon and over the tracks crossing said
structure and the officers and employees thereof.
10. Should Grantee, its successors or assigns, at -any time aban-
don the use of said property or any part thereof, or fail at any time
to use the same for the purpose contemplated herein for a continuous
period of one (1) year, the right hereby given shall cease to the ex-
tent 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 and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable
to the same state and condition in which it existed prior to the con-
struction of said structure. Should Grantee in such event fail,
neglect or refuse to remove said structure and restore said property,
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such removal and restoration may be performed by Railroad,
expense of Grantee, which expense Grantee agrees to pay to
upon demand.
at the
Railroad
11.
ing up-on
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This indenture shall inure to the benefit of and
.the Sllccessors and assigns of the parties hereto.
be bind-
STAT/! 01' CALIFORNIA
Cily alld Cmmly of San F,allciscQ
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On tbis 12th day of January in ,be yea, One Thou.sand Nine Hundred and Seventy One
be/Off' me, John E. jur8l"ns, a Notary Public in and.!pr Ihl.:. City..an4, Cpunty. old~'alU;;sco"StaJO:rI Cali/omin. personally
(One Market St.) appea,ed .1. A. oj aelU.e aD' U. l:i. .uag
@ JOHN E. JURGENS
NOTARY PUBLlC.CALlFORNIA
~:. .,:" PRINCIPAL PLACE OF BUSINESS IN
CITY AND COUNTY OF
SAN FRANCISCO .
My Commission Expires June 13. 1973
known to Ifte to be the
Vice President &
. secretary
of the co,pmat~on_described Ii and that executed the withi" instrument, and also
known 10 me 10 be the ~erson_who exeCltled it '071 behalf of the corporation_
therein named a"d_he~ admowledged. to me that such corporation_
executed'the same. .
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official
seal at my office in the City County 0/ San Francisco, the day and year in this
certjlicate li,st above wrill
of San Francisco, State of California
Corporation .
NOlary Public io and for
My Commission Expires June 13. 1973
COU,NTY OF
On May
SAN DIEGO
6. 1970
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STATE Of CALIFORNIA
. before me, the undersigned, a Notary Public in and for
said State. personally appeared Thomas D. Hamil ton. .I r.
known to me to be the Ma yor ~/di'oI,i and Kpnnpth P _ Camphp 11
known to me to be the Ci tv Clerk "~rI,,61t of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
insfrument pursuant to its by-laws or a resolution of its board' of
instrument on behalf of the corporation therein named. and ac. \1"..'" - -
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PR1,'\C'PlIL OFFICE IN
Me... SAN OIEGO COUNTY
f4it.-,r ....... ~ . 71 );I';~l)n I:XD!''<>S Jr.lv 25, 1972
ns .Guava Ave., ChuJa Vista, C~I~~ 920i'Q '"
knowledged to me that such corporation executed the within
direcfors.
Signature
Marjorie S. Townsend
Name (Typed or Printed)
(Thi$ /lrea for official notarial seal)
UI-W'.l'1'l'U;;:S;:S-WHEREUY;-tn'e-parti'E's-neretonave cli"i:i'S€d these
presents to be executed in duplicate as of the day and year,first
herein written. "
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