HomeMy WebLinkAbout1990-01-23 - AGENDA REPORTS - TRACT 42670 SEWER AGMT (2)AGENDA REPORT
City Manager Approval
Item to be presented
CONSENT CALENDAR John E. Medina
DATE: January 23, 1990
SUBJECT: APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY FOR CONSTRUCTION OF A SEWER FOR TRACT
42670 AND AUTHO IZATION TO SIGN AGREEMENT
DEPARTMENT: Public Works \
BACKGROUND
The Los Angeles County, by document, executed April 24, 1985, was granted by the
Railroad the right to reconstruct, maintain, and operate a 15 inch sewer
pipeline across and beneath property and tracks of the railroad near the Honby
area, now within the City of Santa Clarita, and under the jurisdiction of the
City. This line was being installed by a developer pursuant to a separate
agreement between the Railroad and the developer.
The construction of the sewer for Tract 42670 is now within the City and
requires,that.the•agreement be amended. This amendment states that:
• The rights granted. shall lapse if construction of the line does not commence
.on or before October 1, 1990. (The original agreement had required
construction to commence within one year from, the date the agreement was
first written.)
• Assessments against the Railroad for, construction which commences on or
before October 1,'. 1990 will be defrayed. (The original agreement had
required that assessments against the Railroad for construction which
commenced within one year from the date the agreement was first written
would be defrayed.)
• The City agrees to pay the Railroad $435.00 for handling costs. (The
developer of Tract. 42670 will be assessed this fee).,
RECOMMENDATION
Approve the Supplemental Agreement between the City and the Southern Pacific
Railroad for the construction of a sewer beneath the railroad tracks at Hope Way.
ATTACHMENTS
Supplemental Agreement o ED
Vicinity ,Map
Agendw 11^:
SUPPLEMENTAL TO DEED AUDIT NO. 63705
(also assisgned Lease Audit No. 203158)
RELMIS: B-447.49-X(N)
THIS SUPPLEMENTAL AGREEMENT, made this
day of
, 1989, by and between SOUTHERN PACIFIC
TRANSPORTATION COMPANY, a corporation, herein termed "Railroad",
CITY OF SANTA CLARITA
and eeeiTy OF 1388 A4iGBInBS, DEPARTMENT OF PUBLIC WORKS, a political
23920 Valencia Blvd., Suite 300
subdivision of the State of California, 559 Setrth *e!F%eFjtT i,88
Santa Clarita 91355
_ @ California 988i2, herein termed "Grantee";
RECITALS:
By indenture dated April 24, 1985, Railroad granted
to Grantee the right to reconstruct, maintain and operate
a fifteen (15) inch sewer pipeline,, hereinafter termed
"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, in the location more
particularly described in said indenture.
It is desired to amend said indenture as hereinafter
set forth.
AGREEMENT:
1. Section 5 of said indenture is hereby amended to read as
follows:
5. The rights herein granted to Grantee shall lapse
and become void if the construction of said structure
upon said property is not commenced on or before October
1, 1990.
2. Section 9 of said indenture is hereby amended to read as
follows:
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 pf `--'
expense incurred in connection with the construction of
said structure upon said property, commenced on or before
October 1, 1990.
3. Grantee shall pay to Railroad the sum of Four Hundred
Thirty-five Dollars ($435.00), partially to defray costs of
handling.
4. Except as herein otherwise provided, 'all of the terms,
covenants and conditions contained in said indenture dated April
24, 1985, shall be and remain in full.force and effect.
IN WITNESS WHEREOF, the parties. hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
By
(Title)
i,....�.
CITY OF SANTA CLARITA
By
(Title)
CITY OF SANTA CLARITA
VICINITY MAP
TRACT 42670
PORTION OF SEWER
TO BE CONSTRUCTED
UNDER EXISTING RAILROAD
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