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HomeMy WebLinkAboutCity Council Resolution 906 RESOLUTIOh NO. 906 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE SOUTHEP~ PACIFIC TRANSPORTATION COMPANY'S EASEMENT AGREEMENT FOR THE USE OF THEIR RIGHT-OF-WAY FOR A BICYCLE AND PEDESTRIAN PATH BETWEEN GUAVA COURT AND FREDERICKSBURG DRIVE Whereas, the City Council of the City of Saratoga finds that the Southern Pacific Transportation Company's agreement attached hereto as Exhibit "A", and therefore approves the conditions of said agreement, and the Mayor of this City is authorized to execute a duplicate original of said agreement on behalf of this City and deliver the same to Southern Pacific Transpor- tation Company. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 10th day of July , 1979, by the following vote: AYES: Councilroe, Kalb. h~cztteoni. Cellon, Kraus & Cert NOES: N~ AB SENT: N~ "' ...... ; )R tRAF - RECORDING ~UESTED BY · ×H/8/T ':4' AND WHEN RECORDED MAIL TO Street Address City s,.,. t_ _l Z,p SPACE ABOVE THIS LINE FOR RECORDER'S USE RELMIS: EN-44.12-X(N) THIS INDENTURE, made this day of .... , 1979, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein called "Railroad," and CITY OF SARATOGA, a municipal corporation of the State of California, 1377 Fruitdale Avenue, Saratoga, California 95070, herein called "Grantee;" WITNESSETH: 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a pedestrian and bicycle path, hereinafterl termed "path," upon and across the real property described in the said Exhibit h ~h lr ,~r ' ed in dated September 18, 1978, attached and made a part hereof. 2. The rights herein. gu-anted are expressly limited vertically and shall not extend beyond a plane parallel with and twenty (20) feet above the roadway surface of the path as originally constructed, except that lighting fixtures and similar highway appurtenances may extend above said plane; provided that any such facilities will he removed orrearrahged within thirty (gO)days after notification from Railroad that such faci- lities interfere with Railroad's intended use nf 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 property described in the performance of its duty as a common carrier, and there is re- communication, power and pipeline facilities in, upon, over, under, -1- This grant is subject to all licenses, leasest easements, re- strictions, conditions, covenants, encumbrances, hens 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 path is not commenced within two (2) years from the date first herein written. 5. This grant shall not be construed as conveying or other- wise 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 path. 6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said path. Any contrac- tor performing work on the property herein described shall execute Railroad's standard form of contractor's agreement prior to com- mencing any work on Railroad's premises. 7. Railroad, at Grantee's expense, shall prepare its tracks through the crossing area and furnish and install two (2) non- motorized vehicle and pedestrian railroad crossing signs at said path. Grantee agrees to reimburse Railroad for all cost and ex- pense incurred by Railroad in connection therewith. Grantee, at Grantee's expense, shall furnish and install all paving and thereafter maintain all paving on approaches to the cross- ing area, together with all curbs, bollards and other street facilities. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and maintaining said path. The crossing of said path over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or here- after existing. After the construction or reconstruction of said path has been completed, Railroad shall maintain the surface of that portion of said path between lines two (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said path, Railroad may abandon its rails, ties and appurtenant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said path 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 path commenced within two (2) years from the date first herein written. -2- 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 abandoned 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 o3 which is so discon- tinued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said path, including the paving, from said propertF of Railroad, to restore said property as nearly as practi- cable to the same state and condition in which it existed prior to construction of said path, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse to so remove said path and restore said property, such removal and restoration may be per- formed 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 bind- ing upon the successors and assigns of the parties hereto. IN WITNESS WItEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY, ( 'itle) AtteSt: Assistant Secretary CITY OF , By Mayor Clerk -3- EXHIBIT "~" A strip of land 20 feet in width, situate in the County of Santa Clara, State of California, lying equally 10 feet on each side of the following described center line: Commencing at that certain monument (R.E. 8718) located at the intersection of the monument line of Guava Court with the monument line of Lido Way, said monument being distant approximately 24.5 feet northeasterly, measured at right angles, from the northeasterly line of the strip of land (80 feet wide) now of the Southern Pacific Transportation Company as said land is described in deed dated March 27, 1907, from Saratoga Packing Company to Peninsular Railroad Company recorded April 8, 1907, in Book 316 of Deeds, page 347, Records of said County; thence northwesterly along said monument line of Guava Court, 76.21 feet; thence southwesterly at right angles from last described course, 24.5 feet, more or less, to a point in . said northeasterly line of said Transportation Company's land and the ~rue Point. of Beginning of the center line to be des- cribed; thence southwesterly at right angles from said north- easterly line, crossing the center line of said Transportation' Company's main track (Vasona Branch) at or near Engineer Station 194+40, a distance of 80 feet to the southwesterly line of said Transportation Company's land. The side lines of the above described 20 foot wide strip of land terminate in said northeasterly and southwesterly - Page 1 of 2 - ~ 'lines of said Transportation Company's land. Containing an area of 1600 square feet, more or less. - Page 2 of 2 -