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HomeMy WebLinkAboutReso 1971-5985 Form No. 342 .Rev. 'U-69 RESOLUTION NO. 5985 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA., APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO & ARIZONA EASTERN RAILROAD COMPANY FOR THE REMOVAL OF AN EXISTING RAILROAD TRESTLE AND APPURTENANT WORK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SAN DIEGO & ARIZONA EASTERN RAILROAD COMPANY, a corporation of the State of Nevada, for the removal of an existing railroad trestle and appurtenant work dated the 16th day of March is attached hereto and incorporated herein, set forth herein be, and the same is hereby , 1971 , a copy of which the same as though fully approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by ff!t~Z!!!L Public Works of Approved as to form by ~~~~ George?D. Lindberg, City Atto . ey ADOPTED AND APPROVED VISTA, CALIFORNIA, this 16th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of March , 19.1L' by the AYES: Councilmen Scott. Hobel. Hamilton. Hvde. Egdahl councilmen None NAYES: ABSENT: Councilmen None '- ~9~ M yor of the ~i ty of Chu a Vi.s ta AT'''~11d~ STATE OF CALIFORNI.A ) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA ) I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City that the above is a full, , and that the same has of Chula true and not been City Clerk .. \:;. RAl!' VI - 48340/314 1/25/71 16th - March THIS INDENTURE, made this day of 1971, by and between SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, a corporation of the State of Nevada, lierein termed ''Railroad'', '. and CITY OF CHULA VISTA, a municipal corporation of the State of California, herein termed "Grantee";_ WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reser- vations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a sixty-six inch (66") reinforced concrete drain pipe, a forty-eight inch (48") reinforced concrete drain pipe and a drop inlet, hereinafter collectively termed "structure", in, upon, along, across and be- neath the property of Railroad at or near Chula Vista, in the County of San. Diego, State of California, in the locations more particularly described on the attached Exhibit "A". The property described in said Exhibit "A" is shown on the print,of Railroad's Drawing E-1734, Sheet No.3, dated November 9, 1970, 'attached and made a part hereof ~ Grantee, at Grantee's expense, shall grade the easterly portion of Railroad's right of way to the satisfaction of Railroad. Such grading shall-include removal of existing weeds and reshaping of existing ditch to cause water to flow to the entrance of said forty- eight inch (48") reinforced concrete pipe. Railroad shall remove its existing Trestle No. 8.43 from location indicated on the attached print. Grantee agrees to reim- burse Railroad for the cost and expense to Railroad in removing said trestle, provided, however, that the maximum amount reimbursable by Grantee to Railroad shall be Eight Hundred Dollars ($800). Grantee agrees to stockpile approximately two hundred (200) cubic yards of earth material in an area designated .by Railroad / for use by Railroad in filling the area from which the said trestle shall be removed. ~-s- ~ff~ - ".." . ~ , RAF - VI - 48340/314 - 1/25/71 l.a. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, alter, or other- wise improve said structure upon receipt of written notice from Railroad so to do. Project markers in form and size satisfactory to Railroad identifying the facility and its owner will be installed and con- stantly maintained by ~nd at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad 'of no subsurface installations. * * * * * * * * * * -la- fe,5 6ft). " 3,',\/69 - F:>rlll C 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 ~s 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 all lice,nses, 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 void if 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 work 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. . ,Qlm1lVlml1"",,llrollA~a.d"~'l1m:JllltxlllXJ!rlX~~m;G....IllIIlit:.t.~ ~1l&'(~~IlLti~~Mll>IIl.....lJ:.IbuJan:rro1lIbelx"""",'dn....L.Ull.UJLuaA1nxmx ~llIl'~5{nVrJnl'btrGn~uLh.....~r'''~''''''''~~llA1iJ1{lIIXXlbdnl:len ~. .,., m 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 -2- lei: S9?;- (3/09 - Form C -'\. . 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 apptirtenances, 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, ~rantee agrees to indemnify and save harmless Railroad, its officers, employees, agents, successors and assigns from all claims, liability, cost and expense, howsoever same m~y be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to ~r 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, i~ 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, -3- 7ds Sffs- V3/69 - Form C such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. This indenture shall inure to the benefit of and be bind- ing upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties presents to be executed in duplicate herein written. hereto have caused these as of the day and year first SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY Attest: Assistant Secretary CITY OF CHULA VISTA . By (5) . . Mayor . .~. tJJ1/J~~/ t/ . . Clerw By . (Ti tIe) -4- tf2ec .:s-Z;? S-