HomeMy WebLinkAboutCC RESO 9328RESOLUTION NO. 9328
RESOLUTION AUTHORIZING EXECUTION OF
STREET.OR HIGHWAY EASEMENT
(San Diego & Arizona Eastern Railway Company)
BE IT RESOLVED by the City Council of the City of
National City that the Mayor and City Clerk be authorized to
execute and attest that certain Agreement between the City
of National City and the San Diego & Arizona Eastern Railway
Company, for a street or highway easement, a copy of which
is attached.
PASSED AND ADOPTED this, 14th day of March, 1967.
ATTEST:
CITY CLERK/ I
.ROVED AS TO FORM BY GENERAL COUNSEL. C.S.7962
AUGUST 18. 1966
STREET OR HIGHWAY EASEMENT
giftsiI h UI1WE, made thici day of ,19 , by and between
SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, herein called "Railroad," and
a corporation of the State of Nevada,
CITY OF NATIONAL CITY, a municipal corporation herein called "Grantee";
of the State of California,
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
)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
iereto.
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 NA ION L CITY
By� %' ef
Mayor I/
Clerk
SAN DIEGO & ARIZONA EASTERN -
RAILWAY COMPANY
By
(Title)
Attest:
Assistant Secretary
RAF - 2/24/67 - V - 93619/323-3
EXHIBIT "A"
All those certain pieces or parcels of
land situate, lying and being in the City of
National City, County of San Diego, State of
California, described as follows:
Parcel No. 1
Beginning at a point on the Northerly line
of Lot 22, Block 281 of National City, according
to the Map thereof No. 348, filed in the office
of the County Recorder of said San Diego County,
October 2, 1882, said point being 51.64 feet
Westerly of the Northeast corner of said Lot 22;
thence, Northerly at right angles to said
Northerly line 40 feet to the center line of 24th
Street, vacated and closed to public use; thence
Easterly at right angles and parallel with said
Northerly line of Lot No. 22 to the intersection
with a 452.27 foot radius curve concave North-
westerly; thence, Northerly along the arc of said
curve to the intersection with the Westerly line
of Cleveland Avenue (formerly 8th Avenue) and its
Southerly prolongation to the Northeast corner of
said Lot 22; thence, Southerly along said Westerly
line of Cleveland Avenue and its Southerly prolo-
ngation to the intersection with a 471.27 foot
radius curve concave Northwesterly concentric with
the aforementioned 452.27 foot radius curve; thence,
Southerly along the arc of said 471.27 foot radius
curve to its intersection with the Northerly line
of said Lot 22; thence Westerly along said Northerly
line of Lot 22 to the Point of Beginning.
Parcel No. 2
Beginning at a point on the Easterly prolon-
gation of the Northerly line of Lot 1, Block 281
of National City, according to the Map thereof No.
348, filed in the office of the County Recorder of
said San Diego County, October 2, 1882, said point
being 130.48 feet Easterly of the Northwesterly
corner of said Lot 1; thence, retracing Westerly
along said Northerly line and its Easterly prolong-
ation a distance of 24.35 feet; thence, Northerly
at right angles 40 feet to the center line of 24th
Street, vacated and closed to public use; thence,
Easterly at right angles parallel with the Northerly
line of said Lot 1 to the intersection with a 449.78
foot radius curve concave Westerly, the tangent
beginning of said curve being 0.50 feet Easterly of
the Southeast corner of Lot 10, Block 280 of said
National City, and on the Easterly prolongation of
the Southerly line of said Lot 10; thence, Northerly
along the arc of said 449.78 foot radius curve to the
aforementioned tangent beginning of curve; thence,
Easterly along said Easterly prolongation of the
Southerly line of said Lot 10 a distance of 19.00
feet to the tangent beginning of a 468.78 foot radius
curve concave Westerly and concentric with the afore-
mentioned 449.78 foot radius curve; thence, Southerly
along the arc of said 468.78.foot radius curve to
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.(l) "No Left Turn" sign, together with
necessary foundations andguard 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 bf 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.
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