HomeMy WebLinkAboutReso 58-1986RESOLUTION NO. 58-86
CITY COUNCIL, 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)
BE IT RESOLVED by the City Council 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 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 "1."
2. Execution of Agreement.
The Mayor is hereby authorized to execute said Agreement on behalf of
the City, and the City Clerk attest her signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 12th day of March , 19 86 , by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addieqo, John "Jack" Drago, Richard A. Haffey
Gus NiColopulos, and Roberta Cerri Teolia
None '
None
City Clerk
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15.1973
RELMIS:
E-10.18-C-X tN)
STREET OR HIGHWAY EAS~EMENT
C.S.7362
~lt~tlXt[r~. maae this 12th day of March .1986 . by and between
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corpora~iQn.nere,n emma "Raih'oad".and
CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of
California, address:
herein called ..... ·
(,rantee .
1. That llailro,'nt hereby grants to Grantee Lite 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 CLa0 feet al,ire the roadway st,trace of the highway as originally constructed, except that 'lighting fixtures and simi-
Ira' highway appurtenances may extend above saki plane, provided that any such facilities will be removed or rearranged
within thirty (:lOI days after notification from P~'tih'oad that such facilities interfere with Railroad's intended use of the
space above said plane.
3. This grant is subject and subordinate to tire prior right of Railroad, its successors and assigns, to use all the pro-
pel~'-descrila, d in the performance of its duty as a common carrier, and there is reserved unto Raih'oad. its successors and
as~, s. the riehl to construct, reconstruct, maintain, use and remove existing and future transportation, communication.
po' and pipeline facilities in. upon, over, under, across or along saki property. In the event Railroad trackage facilities
are ,emoved from said property, R'tilroad shall not be obligated to make any change in the grade of sltid highway, not'
shall such removal affect Raih'oad'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 anti become void if the construction or reconstruction of said highway is not
commenced withi,, 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 tlitche.~, pipes, drains, sewer or t, nde,'m'ound structures, or the facilities of any telegraph, telephone
or elec(ric powe,' lines in, upon, over, under, across or along said property, except as necessary for maintenance of said
bighway]
6. th'antee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway.
Any contractor performing work on tile property herein described shall execute Railroad's standard form of contractor's
agreement prior to commencing any work on Raih'oad's premises.
7. Except as herein otherwise provided, (;rantee shall bear the entire expense of constructing, reconstructing anti main-
raining sam highway. Tile 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 hits been coml,leted.
l'.'tilroad shall maintain the surface of that portion of sltid highway between lines two (2) feet outside the rails of each track
located thereon. Should Raih'oad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte-
mint materials and leave same itt place. In such event, Raih'oad shall not be liable for maintenance of the portion of said
highway Sl~cified ahove.
8. As part c,msideration herefor, (h'antee agrees to pay Railroad an amount equal to all assessments levied by any
lawful body against tile property of Raih'oad to defray any part of the expense incurred in connection with the construction
or reconstruction of said highway commenced within two (2~ year's frmn the date first herein written.
Shouhi {;rantee at any time abandon the use of said property or any part thereof, or fail to use the sltme for said
pul ,e for' a continuous period of one ~1) year', the rights granted shall cease to the extent of the use so abandoned or
dis Iinued, and Railroad shall at once have the right, itt 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 righks hereby granted, (;rantee a~rees to remove said highway, including the paving, from said
property of Railr. ad, to restore said property as hearty as practicable to the same state and condition in which it existed
prior to construction of said highway, and to hear the expense thereof. Should Grantee in such event fail. neglect or refuse
to so remove said hi:ahway and restore said property, such removal and restoration may be performed by Raih'oad itt the
e-xpense of (h'antce. which exl~nse (;rantee 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
in~ture.
WITNESS WIIEREOF, the parties hereto imve caused these presents to be executed in duplicate as of the day and
irst herein written.
SOUTItERN PACIFIC TRANSPORTATION
COMPANY,
By'
(Title)
Attest:
Assistant Secretary
CITY OF SOUTH SAN FRANCISCO,
,-- Mayor
By~~ ~ ~/~ Clerk
RESOLUTION NO. 58-86
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 perform the following work=
(a)
install two (2) flashing light grade crossing 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 difference 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 governed by 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
Exht bit "A"
That certain parcel of land situated in the City of South San Francisco,
County of San Mateo, State of California, being a portion of the land described
in deed to Southern Pacific Company, recorded December 1, 1945 in Book 1205 of
Official 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 88°54'46'' 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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