HomeMy WebLinkAboutReso RDA 6-1986 RESOLUTION 6-86
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A 'RESOLUTION AUTHORIZING EXECUTION AND APPROVAL
OF AN EASEMENT AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY
GATEWAY ASSESSMENT DISTRICT NO. ST-82-2
PHASE II - GATEWAY BLVD. EXTENSION
BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco, that:
1. Approval of Agreement.
An Easement Agreement entitled "Street or Highway
Easement" between the Southern Pacific Transportation Company and
the Redevelopment Agency of the City of South San Francisco for
the Gateway Boulevard Extension Project is hereby approved, and a
copy of said Easement Agreement is attached hereto as Exhibit
II i . II
2. Execution of Agreement.
The Chairperson is hereby authorized to execute said
Agreement on behalf of the Redevelopment Agency, and the
Executive Director attest her signature thereto.
* * * * *
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the Redevelopment Agency of the City of
South San Francisco at a Regular meeting held on the 12th
day of March , 1986, by the following vote.
AYES: Chair Roberta Cerri Teglia, Vice Chair Mark N. Addiego, Member Jack Drago,
Member Mlchard A. Hattey, Member [~us NlCO~OpU~OS
NOES: NONE
The City of South S~n Francisco
ATTEST ~
Executive ~lrector
- Redevelopment Agency of the City
of South San Francisco
i OVED AS TO FORM BY GENERAL COUNSEL CS 7362
i MARCH 15. 1973
RELMIS: g-10. l$-C-X (N)
6ow~'nme.tal entity am.4r;r~ titie. STREET OR HIGHWAY EASEMENT'
t~euIurr, made this 12th day of March , [986 by and between
SOUTItRRN PACIFIC TI~NSPORTATION COMPANY, a Delaware corp rail
%rem ca°l~ed "Raih'oad", and
¢IT¥ Or SOUTH SP~hl FI~N¢ISCO, a raunicipal corporation of the State of
California, address:
herein called "(;rantee":
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 simi-
lar highway appm'tenances may extend above said plane, provided that any such facilities will be removed or rearranged
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, its successors and assigns, to use all the pro-
p ~ described in the performance of its duty as a common carrier, and there is reserved unto Railroad. its successors and
a, ~s, the right to construct, reconstruct· maintain, use and remove existing and future transportation, communication.
poWer and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities
are removed from said property, Railroad shall not be obligated to make any change in the grade of said .highway, nor
shall such removal affect Railroad's title to the underlying property.
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 two (2) years 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 authorize
the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, 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 main-
tai.ning 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 abamion tracks leading to said highway, Railroad may abandon its rails, ties and appurte-
nant materials and leave 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
lawf. ul body against the property of Railroad to defray any part of the expense incurred in connection with the construction
o construction of said highway commenced within two (2) years from the date first herein written.
). Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said
p . dsc for a continuous period of one (1) year, the rights granted shall cease to the extent 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 re-
served, 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 hereby granted, Grantee agrees to remove said highway, including 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
x prior to construction of said highway, and to bear the expense thereof. Should Grantee in such event fail. neglect or refuse
to so remove said high~ay and restore said property, such removal and restoration may be performed by Raih'oad at the
expense of Grantee, which expense Grantee agrees to pay to Raih'oad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns off)the parties hereto.
11. Sections 12 to 16, inclusive, on the attached insert, are hereby m~ :par~s of this
· 2.~,% IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duRli6~te as of,"~ti~e,day and
eal* first herren written. ': ' '"~ '
CITY OF SOUTH SAN FRAN.~ISCO, ~! ~'
:" .......... .' Assistant Secretary Clerk
~.PPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362
m~-'s zs. z,73 REI.,HIS: g-10,,18-C-X(N)
STREET OR HIGHWAY EASEMENT
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corp ra '
O~ere~%~ted "Railroad", and
CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of
California, address:
herein called "Grantee":
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway,
hereinafter termed high ay , 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 simi-
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged
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, its successors and assigns, to use all the pro- '
~rty described in the performance of its duty as a common carrier, and there is reserved unto Railroad. its successors and
~ssigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication,
power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities
are removed from said property, Railroad shall not be obligated to make any change in the grade of said .highway, nor
shall such removal affect Railroad's title to the underlying property.
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 right~ herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two (2) years 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 authorize
the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, 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 main-
tai. ning 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, Railroad may abandon its rails, ties and appurte-
nant materials and leave 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
)r reconstruction of said highway commenced within two (2) years 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
,)urpose for a continuous period of one (1) year, the rights granted shall cease to the extent 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 re-
served, 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 hereby granted, Grantee agrees to remove said highway, including 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 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 he performed by Railroad at the
expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
11. Sections 12 to 16, inclusive, on the attached insert, 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.
SOUTHERN PACIFIC TRANSPORTATION CITY OF SOUTH SAN FRANCISCO,
COMPANY,
(Title) or
Attest: By Clerk
Assistant Secretary
-- INSERT
Gateway Boulevard, Crossing E-10.18-C
City of South San Francisco
12. Railroad shall furnish the necessary labor, materials,
tools and equipment and shall performthe following work=
(a) install two (2) flashing light grade cross%ng signals
equipped with automatic gate arms with additional
light units mounted on cantilever arms, together with
necessary actuating and operating circuits and adequate
instrument housing, hereinafter collectively referred
to as "signals," at said highway. Said signals shall
be located approximately as shown.on the print of Rail-
road's Drawing S-5772, Sheet No. 1, dated September 17,
1985, attached and made a part hereof. Installation of
and all materials for said signals'shall be in accordance
with Railroad's usual standards;
(b) remove approximately one thousand four hundred twenty-
seven (1,427) feet of track, including two (2) turnouts,
-- and one hundred eighty (180) feet of track in the
crossing area;
(c) raise five hundred twenty-six (526) feet of track;
(d) renew rail and ties as necessary within the crossing
area;
(e) perform subgrade preparation, including installation
of geotextile fabric and drainage; and
(f) install approximately one hundred eight (108) feet of
rubber pad crossing surface.
Grantee agrees to reimburse Railroad for one hundred percent (100%)
of the cost and expense incurred by Railroad in furnishing materials and
performing the work specified in this Section 12.
13. Following execution of this instrument, Railroad will order
the delivery of all materials required to' perform the work contemplated
herein and shall submit to Grantee a bill for eighty percent (80%) of
Grantee's share of the estimated cost of materials to be furnished by
Railroad. As soon as the crossing signals and/or the crossing surface
have been placed in operation, Railroad-Shall submit to Grantee bills
__ for eighty percent (80%) of Grantee's share of the estimated cost of
applicable labor furnished by Railroad. Following completion of audit,
Railroad shall submit to Grantee a final bill for the actual total cost
of the work performed by Railroad,-less the progress payments made by
Grantee hereunder. Grantee shall pay all of such bills promptly.
Page 1 of Insert
In the event progress payments made by Grantee exceed the
audited total final cost, the d~fference shall be promptly refunded
to Grantee by Railroad.
14. After installation of said signals has been completed,
Railroad shall maintain same so long as they remain in p~ace. Cost
of maintaining said signals shall be apportioned between the parties
hereto in accordance with Sections 1202.2 and 1231.1 of the California
Public Utilities Code. The precise manner and method of determining
applicable charges, manner and method of payment and other procedures
under said sections shall be governedby any applicable decisions
of the California Public Utilities Commission.
15. The work to be performed by 'Railroad hereunder Shall be com-
menced as soon as labor and materials are available, following execution
of this instrument, and shall be completed within one (1) year there-
after.
16. The parties intend that the promises and obligations of this
indenture shall constitute.covenants running with the land so as to
bind and benefit their respective successors and assigns.
Page 2 of Insert
Exhtbtt "A"
That certatn parcel of land sttuated tn the City of South San Francisco,
County of San Mateo, State of California, betng a portton of the land described
tn deed to Southern Pactfic Company, recorded December 1, 1945 in Book 1205 of
Offtcial Records, Page 427, Records of said County, described as follows:
Beginning at the northwest corner of that certain tract of land shown on
the Map of No. 2A, recorded in Volume 49 of Subdivision Maps at Page 39, Records
of said County; thence North 88°54'46'' West along the westerly prolongation of
the northerly line of said tract, 42.55 feet; thence North 45°59'04" East, 53.07
feet; thence North 45°24'41'' East, 50.33 feet; thence North 0°24°41" East, 5.66
feet; thence North 45°24'41" East, 15.00 feet to the southerly line of land
described as Parcel 3 in the deed to Pacific Gas & Electric Company, recorded in
Book 210 of Official Records, Page 307, Records of said County; thence South 88°
54'46" East along last said southerly line, 15.06 feet to the southeasterly
corner of said Parcel 3; thence continuing South 88°54'46" East along the east-
erly prolongation of said southerly line, 96.26 feet to a point of cusp with a
curve to the right from which the radius point bears North 46°15'42" West 844.00
feet; thence southwesterly along last said curve through a central angle of
1°40'23'' an arc distance of 24.65 feet; thence South 45°24'41'' West 100.81
feet to the northerly line of said tract; thence North 88054'46" West along said
northerly line, 64.41 feet to the point of beginning, containing area of 0.221
of an acre, more or less.
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