The URL can be used to link to this page

Home My WebLink AboutCC RESO 9363RESOLUTION NO. 9363 RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (San Diego & Arizona Eastern Railway Company) BE IT RESOLVED by the City Council of the City of National City, California, as follows: Pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in or easement upon real estate to City of National City: STREET OR HIGHWAY EASEMENT from the San Diego & Arizona Eastern Railway Company, dated March 14, 1967. ATTEST: PASSED AND ADOPTED this 2nd day of May, 1967. ROVED AS TO FORM BY GENERAL COUNSEL, C.S.7362 AUGUST 18, 1966 STREET OR HIGHWAY EASEMENT By U� Zff itawitturr, made this day of IIG SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, a corporation of the State of Nevada, CITY OF NATIONAL CITY, a municipal corporation of the State of California, �21tP,6BP#�: , 19 , by and between herein called "Railroad," and herein called "Grantee"; 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- E••anged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use )f 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 'erformance 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 one (1) year from the date first herein written. 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. 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 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 one (1) year 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 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. 10. Should Railroad remove or abandon in place all of its facilities at said location and Railroad no longer desires :o 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. CITY p' NATION L CITY e '12--7/e/7 yf Mayor Clerk SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY By (Title) Attest: Assistant Secretary RAF - 2/28/67 - V EXHIBIT "A" (Cont'd) the intersection with a line which bears Northerly at right angles to the Northerly line of said Lot 1 and its Easterly prolonga- tion from the Point of Beginning; thence, Southerly along the above -described line 25 feet more or less to the Point of Beginning, The above -described real property is shown on the print of Railroad's Drawing S-1261, revised June 16, 1966, attached and made a part hereof. RAF 2/24/67 - V INSERT 13. Railroad, at the expense of Grantee, shall furnish all necessary labor, materials, tools and equipment: (a) to prepare tracks to receive paving, including installation of timber planking along the rails of the tracks through the crossing areas, and (b) furnish and install three (3) cantilever type flashing light grade crossing signals, together with one (1) "No Left Turn" sign, together with necessary foundations and guard railing, and oper- ating and actuating circuits and adequate instrument housing. Grantee agrees to reimburse Railroad for all costs and expense incurred by Railroad in connection therewith. 14. Grantee, at Grantee's expense, shall furnish and install paving in the crossing areas, together with such striping as may be necessary to guide vehicular traffic around the traffic island upon which one (1) of the cantilever flashing light signals shall be placed. 15. Railroad shall submit to Grantee a bill for its share of the estimated cost, upon completion of installation, which bill Grantee agrees to promptly pay. Should the actual cost prove, upon completion of audit, to be more or less than such estimated cost, the difference shall be promptly paid by Grantee or refunded by Railroad as the case may be. 16. Railroad shall maintain said cantilever type flashing light signals and appurtenances so long as they remain in place. Grantee shall pay the cost of such maintenance, if allocated funds, as provided in Sections 1231.1 of the Public Utilities Code, are available. 17. The work to be performed by Railroad hereunder shall be commenced as soon as labor and materials are available, fol- lowing execution of this indenture and shall be completed within one (1) year thereafter. 234- 801 C 400 260 1" 445,76 -..r,,c,LIA,v-tri A It LI Harr-iscr, P‘4"t.-71.76 Ave .. hit kJ RecL 1..ecie Pi a (on C (j Alo /7 6r1;f -ror, 5freeoses. Proposed_ 77) Kec (3) F. L. Signals arid One (I) it/eDr) 'NO /e(i. fur'n"sii.) cri - 60-41,‘ / ::1r, I 2S I - - I TL, r-r1 o .3 A7erti'7,2 /.747/2, 2.12. Te4 0 1'1 2E2. N rfr• 1•7: 4/•••••••••••••••••••• VOMINO ' SANDIECiOl'APIz6NA EASTERN IC 1)(w/ion Coronr-zr1.6 Lai/-7 Cit-zj Cat if S'ea le /04:?' 19e.,-6 Sat) D ' '2