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HomeMy WebLinkAbout1973-08-21; City Council; 2121; CT 71-2 Ponto Sewer EasementI % - T' CITY OF CARLSPAC, C4LIFOF-lA P- Date August 21 , 1973 Agenda B i '1 1 'do.-&&--- -- Refeirred To: Subject: Submitted By: Carlsbad Tract 71-2 (Occidental Petroleum) Ponto Sewer Easement within ATISF Railroad Public Works Director Right of way 3C.7 -- - -- Statement - of the Matter The Occidental Petroleum Land and Development Corporation and Sequoia Pacific Realco recently completed the construction of a 27" sewer trunk line within the A.T.&S.F. R.R. Right of Way at Poinsettia Lane. The sewer presently services Sequoia Pacific Mobile Home Park, Unit No. 1. The construct ion was performed under a temporary encroachment agreement. A permanent easement has been secured by Occidental Petroleum Land and Development Corporation (see Exhibit "Atf). All costs of the easement including attorney's fees, etc. will be borne by Occidental Petroleum Land and Development Corporation ( see Exhibit "B"). A Resolution of acceptance of the easement has been requested by the A.T.& S.F. R.R. (see Exhibit Ilcll & IID'I) . Exhibit -- "A" Sewer easement - A.T.&S.F. R.R. Right of Way llE3ll Letter dated July 31, 1973, - Lewis A. Moe. "Ctl Letter dated July 26, 1973- A.T.&S.F. R.R. I'D" Resolution # -?u2 Staff Reconcnendations , accepting sewer t?$4?- terk to forward a certified Adopt a motion approving Resolution No. easement for CT 71-2 and directing the copy of the Resolution to Mr. Lewis A. Moe (attorney for Occidental) . AB No. .. 5 City Hanayer's Recommendation .- It is' recommended that the City Council adopt the attached resolution accepting an easement for sewer purposes. This e-asement was secured for the City by Occidental Petroleum Land and Develbpment Corporation and 'all costs of the easement will be borne by the Occidental Petroleum Corporation. .- Council Action .- 8-21-73 Resolution #3L03, accepting sewer easement for CT 71-2 and directing Clerk to forward certified copy of-resolution to the Attorney for Occidental Petroleum, was adopted. .. .. - LEWIS A. MOE JAMES W. STREET MOE & STREET ATTORNEYS AT LAW 756 GRAND AVENUE CARLSBAD. CALIFORNIA 92008 AREA CODE 714 TELEPHONE 72 9.5 90 1 July 31, 1973 Vincent F. Biondo, Jr. City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Santa Fe Railway Co. - City of Carlsbad Proposed easement Dear Mr. Biondo: Enclosed is the original easement from Santa Fe Railroad to the City of Carlsbad of sewer easement. copy of the letter dated July 26, 1973 from Mr. Bentley, Supervisor of Contracts, of Santa Fe Railway. Also attached is a Would you please place this matter upon the council agenda as soon as possible. copies of the resolution of acceptance. Please furnish me with three (3) certified I have heretofore received a check in the amount of $4, 350.00 from Occidental Petroleum Land and Development Corporation representing consideration for the easement. I will forward this sum to Santa Fe along with the certified resolution of acceptance upon receipt from you. Thank you for your cooperation in this matter. Very truly yours, kp& LEW SA. MOE LAM / clc Encl. CC; Ronald D. Steinbach pc A*opp A,,EQ3l, .9 Toy% anc EkE% 2% Xamvag COLfx:-y A Santa Fe lndusliies Company 121 East Sixth Street, Los Angeles, California 90014, Telephone 213/628-0111 Ext.22525 July 26, 1973 File: BD-70028 Certified Mail Return Receipt Requested Mr. Lewis A. Moe Moe & Street Attorneys at Law 756 Grand Avenue Carlsbad, CA 92008 Dear Mr. Moe: Further reference is made to our previous correspondence ending with our letter of July 13, 1973, concerning processing of proposed easement from the Railway Company to the City of Carlsbad to provide for sanitary sewer line construction along and across Railway Company property in Carlsbad. We are pleased to attach the fully executed original of easement dated July 16, 1973, from the Railway Company to the City covering a total area of approximately 1.847 acres of land for tlhe construction and maintenance of sanitary sewer facilities. After the easement has been accepted by the City we would appreciate your furnishing a certified copy of the resolution of acceptance along with the recording data and the agreed $4,350.00 consideration for the easement. We appreciate your cooperation in completing this trans- action. Yours very truly, H. D. Fish, General Manager Supervisor of Contract& THE ATCHISON, EASEMENT FROM TOPEKA AND SANTA FE TO CITY OF CARLSBAD RAILWAY COMPANY Covering certain real property situate in the City of Carlsbad, County of San Diego, State of California, Dated July 16 f 1973. EXH I B I T "A" 1973, from THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, herein- after called "Santa Fe," first party, to CITY OF CARLSBAD, a California municipal corporation, hereinafter called "City, second party. IN CONSIDERATION of the sum of Ten Dollars ($lo), lawful money of the United States of America, to it paid, and of other good and valuable consideration, the receipt whereof is hereby .. acknowledged, Santa Fe hereby grants to City an easement €or the construction, maintenance, operation, inspection, repair and re- construction of a sanitary sewer line and appurtenances (herein- after called "Sewer Line") through, under and across those certain . two parcels of land in the City of Carlsbad, County of San Diego, State of California, being a portion of The Atchison, Topeka and Santa Fe Railway Company's 200 foot wide right of way in Sections 25 and 29, Township 12 South, Range 4 West, San Bernardino Meridian, described as follows: PARCEL NO. 1 A strip of land, 15.00 feet in width by approxi- mately 5,117 feet in average length, the easterly line of said strip being described as follows: Beginning at the intersection of the easterly line of said right of way with the northerly line of Lot 1 of said Section 29; thence South 21°08'15" East, along the easterly line of said right of way, 3,054.20 feet to a point hereinafter referred to as Point "A" ; thence continuing South 21'08 ' 15" East along last said line, 2,062.69 feet to the point of ending in the southerly line of the North Half of the South Half of the Southwest Quarter of said Section 28. The westerly line of said strip is to originate in said northerly line and is to terminate in said southerly line. Containing an area of 1.762 acres, more or less. PARCEL NO. 2 A strip of land, 20 feet in width by approxi- mately 200 feet in average length, which lies be- tween lines that are parallel with and distant 10.00 feet measured at right angles from and on each side of the following described center line: Beginning at the hereinabove described Point "A"; thence South 71O21'45" West 200.19 feet to the point of ending in the westerly line of said right of way. The side lines of said strip are to originate in the easterly line of said right of way and are to terminate in the westerly line of said right of way. Excepting therefrom, all that portion which lies within the hereinabove described Parcel 1. Containing an area of 0.085 of an acre, more or less, exclusive of said exception. EXCEPTING AND RESERVING the right, to be exercised by the Santa Fe and by any others who have obtained or may obtain permission or authority from Santa Fe so to do, (a) to operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipes and other facilities of like char- acter upon, over or under the surface of the premises hereinabove described; and (b) from time to time to canstruct, operate, main- tain, renew and/or relocate upon, over or under the surface of said premises additional facilities of the character described in Clause (a) of this paragraph, consistent with the rights granted -2- herein, without in any instance being required to obtain the con- sent of City the same as if this easement had not been executed. TO HAVE AND TO HOLD the above described easement unto City solely for the aforesaid purposes so long as said pre- mises shall be so used, together with the right to enter upon and to pass and repass over and along said premises for the purpose of constructing, maintaining, operating, inspecting and repairing said Sewer Line, subject, however, to all licenses, leases, ease- ments, restrictions, reservations, conditions, covenants, encum- brances, rights and rights of way, liens and claims of title which may in anywise affect the said premises, and subject also to the express conditions subsequent following: (a) That City shall restore and replace the surface of, and/or any improvements on, the aforesaid premises and shall repair any and all damages to the property of Santa Fe, its lessees, licensees, successors and assigns, upon or adjoining said premises which is injured or damaged in the construction, maintenance, or performance of other work on said Sewer Line or by reason of the presence or use thereof, (b) That said Sewer Line shall consist of a vitrified clay pipe sewer line twenty-seven (27) inches in diameter with twelve (12) eight (8) inch vitrified clay pipe connections and one (1) eight (8) inch diameter vitrified clay pipe crossing under Santa Fe's tracks encased in a steel casing pipe. Said Sewer Line shall be not less than ten (10) feet below base of rails of Santa Fe's -3- 4 tracks and shall be constructed and thereafter maintained in a manner which shall not interfere with the operation of Santa Fe's trains, locomotives, motors and cars, satisfactory to Santa Fe's Assistant General Manager-Engineering. (c) That City shall at all times keep said Sewer Line in good condition and repair and, should it fail to do so, shall permit Santa Fe to make such repairs under the direction of its Assistant General'Manager-Engineering as he may deem necessary for the preservation of Santa Fe's property, and in such event City shall refund to Santa Fe the amount expended therefor. ' (d) That City shall adequately protect said Sewer Line placed upon, through and across the hereinabove described land, as and when needed, to permit Santa Fe to lay, maintain, relocate and operate railroad tracks and facilities upon, along and/or across said land. (e) That at all times during the progress of the work of constructing said Sewer Line, City shall permit a representative of Santa Fe to inspect such work, and that such work shall be done in a manner satisfactory to such representative, and so as not to cause any damage to Santa Fe's facilities, and that the type of such con- struction shall be subject to the approval of the Assistant General Manager-Engineering of Santa Fe. (f) That City, insofar as it may legally do so, shall assme and at all times indemnify and save harmless Santa Fe against and pay in full all loss, damage or expense that Santa Fe may sustain, incur or become liable for, resulting in any manner -4- from the construction, maintenance, use, state of repair, or pre- sence of the Sewer Line, including any such loss, damage or expense arising out of (a) loss of or damage to property, including without limitation, property of Santa Fe and City, (b) injury to or death of persons, or (c) mechanic's or other liens of any character. (9) That if the premises hereinabove described, or any portion thereof, shall cease to be used for the purposes above stated, then and in that event the easement hereby given shall, as to such portion or portions as the case may be, thereupon cease and determine, and Santa Fe, its successors and assigns, may re- enter thereon and resume possession thereof the same as though this easement had not been executed. Each of the foregoing conditions shall also be deemed to be covenants which City, by its acceptance hereof, agrees to per- form, and shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. Upon the breach of any of the conditions herein set forth, then and in that event the easement hereby given shall thereupon cease and determine and Santa Fe, its successors and assigns, shall resume possession thereof the same as though this easement had not been executed. In case of the eviction of City by anyone owning or claiming title to or any interest in the premises hereinabove described, Santa Fe shall not be liable to City for any damage whatsoever. -5- This instrument is given without warranty of title of any kind, express or implied, and no covenant of warranty of title shall be implied from the use of any word or words herein contained. IN WITNESS WHEREOF, Santa Fe has duly executed this instrument the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY BY Its -6- STATE OF ILLINOIS ) ) ss. COUNTY OF COOK 1 OR this &,Pa day of 6?d& , in the year Y QA one thousand nine hundred and seventy-//buGM- , before me, T. J. FEENEY . a Notary Public in and for said County of Cook, State of Illinois, personally appeared JOHN C. DAVIS , known to me to be the Vice President of the corporation that executed the within and foregoing instrument, and known to me to be one of the persons who executed the said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written. ,. I '1. , County of Cook State of Illinois I I\' 'I (SEAL) . -7- rc .. ' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ) ss. On this ~LMday of , in the year one thousand nine hundred and seventy- /ry4 , before me, HaroldD.Smitii , a Notary Public in and for said County of Los Angeles, State of California, personally appeared W. D. Bentlev , known to me to be the Assistant Secretary of the corporation that executed the within and foregoing instrument, and known to me to be one of the persons who executed the said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written. Notary public in and for said County of LOS Angeles State of California -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 29 30 31 32 k 0 RESOLUTION NO. 3203 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN EASEMENT FOR SEWER PURPOSES. WHEREAS, the design and construction of a 27 inch sewer truck line within the Atchison, Topeka and iianta Fe Raflway Company right of way at Poinsettia Lane was necessitated by the Occidental Land 1nc.-Sequoia Pacific Realco development of Sequoia Pacific Mobile Home Park Unit No. 1; and WHEREAS, Occidental Land Inc. has secured the easements necessary for said line from said railroad and has submitted a deed conveying said easement to the City at no cost to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the deed conveying an easement to the City of Carlsbad for the construction, maintenance, operation, inspection and repair of a sanitary sewer line and appurtenances in and across the Atchison, Topeka and Santa Fe Raifway Company right of way 3. That the C the original deed to at Poinsettia Lane is hereby accepted. ty Clerk is hereby authorized to cause be recorded in the office of the County Recorder of San Diego County, State of California,. with a certified copy of this resolution attached and is directed to forward a certified copy of this resolution to Attorney Lewis A. Hoe so that Occidental Lane Inc, may effect payment fur said easement to said railroad. PASSED, APPROVED AND ADOPTEE at a regular meeting of the City Council on the 21st day of August, 1973, by the /// lli /!/ l/i .~ - ._ . .. .. 4 1 2 3 4 5 6 7 8 9 10 11 12 .13 .I 20 21 !- u - 22 23 24 25 26 27 28 29 30 31 32 following vote, to wit: AYES: Cmn. Dunne, ivlcComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. ATTEST: i /- \. y: Vi$ginia M. Smith, Deputy (seal) 2. ..