HomeMy WebLinkAbout1990-08-28 - AGENDA REPORTS - SO PAC TRANS AGMT STORM DRAIN (2)W
J.
CONSENT CALENDAR
DATE: August 28, 1990
E
AGENDA REPORT City Manager Approval A00
Item to be presented by:
John E: Medina
SUBJECT: SOLEDAD CANYON ROAD AND GOLDEN VALLEY ROAD (VICINITY)
APPROVAL OF AGREEMENTS WITH SOUTHERN PACIFIC TRANSPORTATI,
COMPANY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A
STORMDRAINFOR TRACT NO. 42670 AND AUTHORIZATION TO SIGN
AGREEMENTS I
DEPARTMENT: Public Works
The conditions of approval for Tract 42670 required the construction of storm
drain facilities. These facilities are constructed within the Railroad
right-of-way and cross under the railroad tracks along Soledad Canyon Road
between Hope Way and Reuther Avenue. The Southern Pacific Transportation
Company requires the execution of an agreement between the City and the Railroad
Company before it will grant an easement or permit the construction operation
and maintenance of a storm drain within the limits of its property.
There are five locations (shown as "A" through "E" on the attached maps) where
the easements are required for the storm drain _facilities. There is an
agreement for each easement which indicates the limits of each easement and
other conditions or restrictions. The conditions specify the -Railroad Company's
requirements for permits, giving notice prior to construction, remedies for
damages, etc. The easement agreements have been reviewed and approved. by the
City Attorney.
The agreements also state a monetary
totals $72,900. This is to -be paid to
execution of the easement agreements.
RECOMMENDATION
consideration for each easement which
the railroad by the developer prior to
Approve the Agreements and authorize the City Clerk to sign both sets of
originals.
ATTACHMENTS
Agreement Nos. 67518 through 67521 and 67523
Key Map
Inset A through E
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Agenda lien.
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CITY. OF SANTA CLARITA
VICINITY MAP
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Audit # 211080
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CITY OF SANTA CLARITA
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Form. -1 O11opREG 78-79 May 24, 1990 0
ALSO AW).GNED
L E AtE3F.
IIAUDIT NO.
AUDIT
RELMIS: B-447.33
THIS INDENTURE, made this day of. 1990, by
and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, aDelaware
corporation, herein termed "Railroad", and CITY OF SANTA CLARITA, a
municipal corporation of the State of California, 23920 Valencia
Boulevard, Suite 300, Santa Clarita, California 91355, herein termed
"Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reservations,
covenants and conditions herein contained, the right to construct,
reconstruct, maintain and operate approximately 1,875 square feet for
storm drain, headwall and trash rack hereinafter referred to as
"structure", in, upon, along, across and beneath property and tracks of
Railroad, at or near Honby, in the County of Los Angeles, State of
California, crossing the centerline of said tracks at Engineer's Station
1636+20, Mile Post 447.33 in the location shown on the print of
Railroad's Drawing LD -1375, sheet No. 1, revised April 28, 1990
(reference insert C) attached and made a part hereof.
Said structure shall be installed in accordance with minimum
requirements of Form C. S. 1741, also attached and made a part hereof.
As a part consideration for the rights herein granted, Grantee
shall pay to Railroad the sum of Four Hundred Sixty Dollars ($460.00).
A) In addition, as monetary consideration for the rights herein
granted, Grantee shall pay to Railroad the sum of Seven Thousand
Five Hundred.Dollars ($7,500).
- 1 -
Form. C-1 0 0
2. Project markers in form and size satisfactory to Railroad, .
identifying the facility and its owner, will be installed and constantly
maintained by and at the expense of Grantee at Railroad property lines
or such locations as Railroad shall approve. Such markers shall be
relocated or removed upon request of Railroad without expense to
Railroad.
Absence of markers does not constitute a warranty by Railroad of no
subsurface installations.
3. There is reserved onto Railroad, its successors and assigns and
anyone acting with the permission of Railroad the right (consistent with
the rights herein granted) to construct, reconstruct, maintain and use
existing and future railroad tracks, facilities and appurtenances and
existing and future transportation, communication (including fiber optic
telecommunication systems) and pipeline facilities and appurtenances in,
upon, over, under, across and along said property.
4. This grant is made subject to all licenses, leases, easements,
restrictions, conditions, covenants, encumbrances, liens and claims of
title which may affect said property and the word "grant" as used herein
shall not be construed as a covenant against the existence of any
thereof.
5. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) year from the date first herein written.
6. Grantee shall bear the entire cost and expense of constructing,
reconstructing and maintaining said structure upon said property.
Grantee, its agents and employees, subject to the provisions
hereof, shall have the privilege of entry on said property for the
purpose of constructing,'reconstructing, maintaining and making
necessary repairs to said structure provided that:
(a) Grantee shall give Railroad's division superintendent at least
five (5) days' written notice prior to commencement of any work on said
structure except emergency repairs in which event, Grantee shall notify
Railroad's authorized representative by phone; and
(b) Grantee shall telephone Railroad at 1-800-283-4237 (a 24-hour
number) to determine if a telecommunications system is buried anywhere
on or about the premises defined or included herein. If it is, Grantee
will telephone the owner of the system designated by Railroad, arrange
for a cable locator and make arrangements for relocation or other
protection for the system prior to beginning any work on the said
premises.
WM
Form C-1 0 10
Grantee agrees to reimburse Railroad for the cost and expense to
Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the
installation and removal of such falsework and other protection beneath
or along Railroad's tracks, and the furnishing of such watchmen, flagmen
and inspectors as Railroad deems necessary.
Grantee agrees to reimburse Railroad and/or the owner of the
telecommunication system for all expenses which either may incur which
expenses would not have been incurred except by the reason of the use of
said premises by Grantee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to the injury
to the telecommunication system.
7. In the event Railroad shall at any time so require, Grantee, at
Grantee's expense, shall reconstruct, alter, relocate said structure or
otherwise improve said structure upon receipt of written notice from
Railroad so to do.
8. Grantee shall, at its expense, comply with all applicable laws,
regulations, rules and orders regardless of when they become or became
effective, including, without limitation, those relating to health,
safety, noise, environmental protection, waste disposal, and water and
air quality, and furnish satisfactory evidence of such compliance upon
request of Railroad.
Should any discharge, leakage, spillage, emission or pollution of
any type occur upon or arise from the premises covered hereunder as a
result of Grantee's use, presence, operations or exercise of the rights
granted hereunder, Grantee shall, at its expense, be obligated to clean
all property affected thereby, whether owned or controlled by Railroad,
or any third person, to the satisfaction of Railroad (insofar as the
property owned or controlled by Railroad is concerned) and any
governmental body having jurisdiction in the matter. Railroad may, at
its option, clean Railroad's premises; if Railroad elects to do so,
Grantee shall pay Railroad the cost of such cleanup promptly upon the
receipt of a bill therefor.
Grantee agrees to investigate, release, indemnify and defend
Railroad from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation costs
and attorney fees) incurred by Railroad as a result of Grantee's breach
of this section or as a.result of any such discharge, leakage,
spillage, emission or pollution, regardless of whether such liability,
cost or expense arises during the time this indenture is in effect or
thereafter, unless such liability, cost or expense is proximately caused
solely and exclusively by the active negligence of Railroad, its
officers, agents or employees.
- 3 -
Form -C-1
9. As part consideration, Grantee agrees to pay Railroad an amount
equal to any and all assessments which may be levied by order of any
authorized lawful body against the property of Railroad (and which may
have been paid by Railroad) to defray any part of the cost or expense
incurred in connection with the construction of said structure upon said
property commenced within one (1) year from the date first herein
written.
10. Grantee agrees to keep said property and said structure in good
and safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to keep
said property and said structure in a good and safe condition, free from
waste, then Railroad may perform the necessary work at the expense of
Grantee, which expense Grantee agrees to pay to Railroad upon demand.
11. No work on Railroad's premises shall be commenced by any
contractor for Grantee until such contractor has entered into Railroad's
standard Contractor's Right of Entry agreement covering such work.
12. Grantee agrees to and shall indemnify and hold harmless
Railroad, its officers, agents, and employees from and against any and
all claims, demands, losses, damages, causes of action, suits, and
liabilities of every kind (including reasonable attorneys fees, court
costs, and other expenses related thereto) for injury to or death of a
person or for loss of or damage to any property, arising out of or in
connection with any work done, action taken or permitted by Grantee, its
subcontractors, agents or employees under this indenture. It is the
express intention of the parties hereto, both Grantee and Railroad, that
the indemnity provided.for in this paragraph indemnifies Railroad for
its own negligence, whether that negligence is active or passive, or is
the sole or a concurring cause of the injury, death or damage; provided
that said indemnity shall not protect Railroad from liability for death,
injury or damage arising solely out of the criminal actions of Railroad,
its officers, agents and employees.
Theword"Railroad" as used in this section shall be construed to
include, in addition to Railroad, the successors, assigns and affiliated
companies of Railroad.and any other railroad company that may be
lawfully operating upon and over the tracks crossing or adjacent to said
structure, and the officers and employees thereof.
13. Should Grantee, its successors or assigns, at any time abandon
the use of said property, or any part thereof, or fail at any time to
use the same for the purpose contemplated herein for a continuous period
of one (1) year, the right hereby given 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
hereinabovereserved, to resume exclusive possession of said property or
the part thereof the use of which is so discontinued or abandoned.
==
Form C-1
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable to
the same state and condition in which it existed prior to the
construction of said structure. Should Grantee in such event fail,
neglect or refuse to remove said structure 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, or Railroad may, at its option, assume ownership of said
structure.
14. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
ISTATE OF CALIFORNIA )
> ss.
City and County of San Francisco )
On this day of�in
an the year one Thousand Nine Hundred and Ninety,
before me, Roger NIlkerson, a Hotar or the City and County of San Francisco, State of California, personal
appeared, Mr. R. A. Futrell, known to me (or proved to me on the basis of satisfactory
evidence) to be the MANAGER CONTRACTS, of the Corporation described in and that execut
OFFlCIALSEAL within instrument, and also known to me to be the person who executed it on behalf of
ROGER VALKERSON corporation therein named and he acknowledged to me that such corporation executed thl
Notary Public-Caiiforda same.
= SAN FRANCISCO COUNTY
f MYCommtcaon bores IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at
Februory20,1994 County of San r co, the day and year in this certificate
office in the City
above written. O� - -_
Corporation
Notary Public in and r the City and County of San Francisco, State of California.
By
(Title)
By
(Title
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