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HomeMy WebLinkAboutReso 1971-6053RESOLUTION NO. 6053 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AMENDING RESOLUTION N0. 5984 ACCEPTING GRANT OF EASEMENT FROM SAN DIEGO & ARIZONA EASTERN RAILROAD COMPANY FOR DRAINAGE PURPOSES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on the 16th day of March, 1971, the City Council adopted Resolution No. 5984, approving a grant of easement for drainage purposes executed by the San Diego & Arizona Eastern Railroad Company, and WHEREAS, the date said grant of easement was executed does not coincide with the date set forth in said resolution as the date of execution. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 5984, adopted on the 16th day of March, 1971, accepting and approving that certain grant of easement for drainage purposes executed by the San Diego & Arizona Eastern Railroad Company, a copy of which is attached hereto and made a part hereof by reference be, and the same is hereby amended by changing the date of execution of said grant of easement from March 16, 1971 to April 14, 1971. BE IT FURTHER RESOLVED that said grant of easement is hereby accepted by the City of Chula Vista for drainage purposes. Presented by Approved as to ~o~m.~y ~ ~~ ~ , ~~t 0 Lan F. Co e, Director of ublic George Lindberg, City Attor ~y Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of Ma.y , 19 71 , by the following vote, to-wit: AYES : Councilmen Scott, Hobel, Hamilton, Hyde, E~dahl NAYES: Councilmen N ABSENT: Councilmen ~~ ATTEST Cif"y Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, , City Vista, California, DO HEREBY CERTIFY that the correct copy of Resolution No. and amended or repealed. DATED Clerk of the City above is a full, that the same has of Chula true and not been City Clerk 1/.~.F - 5'I - ~83~Sd/321-2 - 1/5/71 AFS :~VED AS TO FORM BY GENERAL COUNSEL, 0.5.7962 AUGUST 16, 1966 STREET OR HIGHWAY EASEMENT Ky~t16i ~EIt~1PIt~1trP, made this day of , 19 , by and between SAN DIEGO AND ARIZONA EASTERN RAILROAD COMPANY, -- a corporation of the State of Nevada, herein called "Railroad," and CITY OF CHULA VISTA, a municipal corporation of the State of California, herein called "Grantee"; ~~kIP13~~'~: 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 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 common 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- purtenances in, upon, over, under, across or along said property. In event tracks are removed from said property, Rail- road 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~li~li~cfrom the date first herein written. two years 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to au- thorize 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. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and maintaining said highway. fihe 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 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 oY~$ ~' from the date first herein written. tvwo l~~ years 9. Should Grantee at any time abandon the use of said property or any part 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, m 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- eluding 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. 10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires to retain interest in said property, Grantee shall be required to purchase Railroad's interest in said property at the then fair market value. 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. Sections 13 to 17, inclusive, on the Insert hereto attached are hereby made parts of this indenture. "--`"~'°"ESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day herein written. AND ARIZONA EASTERN RAILROAD COMPANY CITY OF CIiULA VISTA sy Mayor Assistant Secretary Cler R_4F VZ - 45340.'::21-2 - 1%5/':1 ? ti S E P T J Street Cuula T 1S L3, Ca? if~cr,~,ia i3. RailTOr~u stall fu:rish all neces=.:rY lai;cr, .,.aterials, tOOIS r:nd eCC-:'l£At aua sSail A°r2i+3'iri tI&' I.:7110', ~icP, Ws.Tk: (a} instil f~~_ (-~,? ilas'::i_ lic-^la --rade crossir„ u;~ wls, .,_ i~') of •.:sc_ .,=11 ~._ iac~ted at cur„~i:~. ~..._. sr~ll :e ~. _ _...~-n:<., .._„_, acdi- tic ~l I= ---t =~''--- ...~~:.~:.~ on c,:i~i~r~•. ~r _...~ and _ ,._.?u.ts.u -_: 2..,'S, Or.e i. i% ~_ Lire W1iI^7tt^.~OC:.i.G•^_ 1~ .4-~~~=rA'. ";C=__^. i7 ...:.^ S~'i31I be s~pa''as-~. ~~~ ::it:l autf~=a~iC _ ~e ~..^s and one (I; GZ .:_.~cn ~_: ~_ ~_cc.kte~: _:~ ~r_e easterly ceilter i=1a.~-~ ai:ci sra' 1 we e^.uipped F'iLh eXira 1..^_f 't?i>2T~ C==-~-'Ct°.^ i04~vTa". trafflC aprroacr_in- ~_U~~ tie :art ?"=._ u;,ove prp- tecti e ~o;,i C~ s _ -~° t^er uith n-:c>~ssar~~ actLati:.~ _.,. Ge':z:ia%3:;~ C"1rCl'-iZS cI?Q 2C°CL'at8 instrcTentGnousi~:~, sali betel-:niter be ~: - colleeti3~ela r~ierrea to as s-~.:uis" _n- stallatian of ana aII ~aatsrials io_ sry,id signals shall be in accoraance ~•r=_t:: _.ai Ir02c's usual staa~ards. Said s° ~:~:~~.~ _.,:a:~l ~.e pirc:.:d i n Z nrp __.l t3C Tre nY '-`7 "??.^_; ' .. •-:=G' L?^lii2 h`> aut.iorized represer<tatives of tli-S parties le re to; and (b) rehabilitate the track, including necessary chance of runrin~ rails and irst.llaticn oa. ti~:ber ;Mani.- . ing alal_g the rails of the tracks t?trough file crossing area. Grantee arees to reimburse ~.ailroad for o?e hundred pence t (100 N) of t::e cost and ex~-ense inc•~rred pv i~aiLoad in c~~nneci?~.~ Wlth the fl2rrii;'s'.^.ins OI matertalS 2nd perf<?rlQit.~ tale :+'Gr:i gpeC_3~::• in this erection I3. I4. Grantee, at f~rantee's expense, s :all furnish :end install and ttlereafier saintain all pavin- nn a,~roac`~es to -,i:~~ cressi.:~ area, together with all cur s, gutters, cedians and ot.^~er streC~ facilities. 15. Railrcaj shall subiLit to Grant°e a bill fG'_' cixt•7 _ •rr~°'-=`- (FO`~) of Crwn ie~' S S`iii,re Of ti:C C^•St .i nrSC Inc r`?Ca by road in D£?S'i0i:-11:~; 1~vTk- 3Cr .~`31Cii L~...?1..=e S C;`~:''3i=T1t£:s tt? 3'F.'~-:._ _ Railr^1L V'rC",RC~'= uOUn C^:":''.1£`S10n Oi~ SL';s' ~:OlK, `:;tlictl l.i11i ,~ .._ agrees t0 ^yT~J': i0 i? V ~3y. ~1iJU;d tl° aCtU:ll CC~SL rir Otie L'a:Jn tC. t?~ , _ ~i0:1 of audit to be Wore or less than such esti:~ated cost, the dir€er?nce shall be promntiy paid by Grantee or refunded by hailroad, as tt;e case may be. 16. After installation Gr said signals ins beer: c~~ =u3e~~~, Railroad s.'.all cal main same so ior_g as trey re:~ain in mace. `£:~: C05t Of Q131Iltalnll?:?, 53id S1r.-:.LS sti.=_11 L!' =*;?OTLiGneC1 °JetF,'een t!?(' parties In aCCOr v.:x l1:2 '.4'7.tI3 ;i t-Ctir??15 I:: t,2.2~ and 1?31.1 Of ti:e Pa?P 1 of Insert ^"~ RAF - YI - 48340/321-2 - 1/x/71 -- a N S E R T (continued) California Public Utilities Code. The precise manner and method of deter^~iniag applicable cbar~es, r"annsr and method of payment and other procedur°s under said sections shall be governed by any applicable decisions of the L'alifornia Public Utilities Commission. 17. All k~orlc Conte vplated 'hereunder shall be perforr:ed in a good and wormsmanlike maancr to the satis3action of the parties hereto and each portion si:all be properly co~^=menced by the garties hereto obligated to do sane aru thereafter diliently prosecuted to conclusion in its logical order and sequence. Page 2 of Insert That certain strip or parcel of land situated San Diego, State of California, being a portion of Section No. 170 and the west half of_ Quarter Secti Chula Vista, as said Sections are shown on i"?ap No. of the County Recorder of said County on March 13, follows: in the County of the east half of Quarter an No. 164, both of 505 filed in the office 1888, described. as Beginning at the intersection of the easterly prolongation of the existing center line of "J" Street, being also the north line of the southeast quarter of said Quarter Section No. 170, with the westerly line of land (40 feet wide) of the San Diego and Arizona Eastern Railway Company's Coronado Branch (also being the easterly right of way line of San Diego Gas and Electric Company); thence North 17°47'37" West, along said westerly line, 53.64 feet to a point; thence Northeasterly along a curve concave southeasterly, having a radius of 1060 feet (a radial of said curve at last mentioned point bears South 24°04'17" Fast) through a central angle of 2°10'17", an arc distance of 40.17 feet to the easterly line of said railway company's land; thence South 17°47'37" East, along said easterly line, 57.28 feet to a point; thence South 17°44'37" East F along said easterly line, 63.07 feet to a point; thence Southwesterly along a curve concave southeasterly, having a radius of 940 feet (a radial line of said curve at last mentioned point bears South 22°25'44" East) through a central angle of 2°27'05", an arc distance of 40.22 feet to said westerly line; thence North 17°44'37" West along said westerly line, 67.18 feet to the point of beginning, containing an area of 0.111 of an acre, more or less. The above described real property is shown on the print of Railroad's Drawing 5-1293 dated January 9, 1968, attached and made a part hereof. EXHIBIT "A" /~y7"