HomeMy WebLinkAboutCC RES 73-55
RESOLUTION NO. 73-55
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING
LICENSE AGREEMENT.
The City Council of the City of Tustin, California,
does hereby resolve as follows-
1. That certain proposed License by and between The
Atchison, Topeka and Santa Fe Railway ~Company and. the City
of Tustin, dated July 12, 1973, a copy of which is attached
hereto and incorporated herein as though set forth in full.
hereat~ is hereby approved.
2. The Mayor and City Clerk are hereby authorized and
directed to execute said License.
PASSED AND ADOPTED at a regular meeting of theCity Council
of the City of Tustin, California, held on the 6th day of August, 1973.
168
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
Ruth C. Poe,- City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Resolution No. 73-55 was duly and
regularly introduced, read, passed and adopted at a regular meeting
of the City Council held on the 6th day of August, 1973 by the
following vote:
AYES: COUNCILMEN
Saltarelli, Langley, Miller, Welsh, Woodruff
NOES: COUNCILMEN None
ABSENT: COUNCILMEN None
Dep~tg~'~cily cie~k~,-' cit~' of Tust~i.n.,. C~_{ifornia
_..
INTERDEPARTMENTAL MEMO
CITY OF TUSTIN
Ruth C. Poe
City Clerk
Subject: A.T. & S.F. F.ailway Company
Company Right of Entry License -
Walnut Ave. at Crossing No. 2-179.32C
Date: 7/17/73
Attached are three copies of the subject Right of Entry License
that requires execution and a resolution authorizing City's
acceptance of said document.
This license will permit the City or its contractor to perform work
within the railroad right-of-way, thus completing the paving
operation along Walnut Avenue easterly of Browning Avenue.
The Railroad Company has signed the license in advance of the City
in order to expedite the project. Upon execution of this license
on August 6, 1973, please forward the Santa Fe original along with
a copy of the resolution authorizing City's acceptance of the
document to:
Mr. J. G. Fry
Assistant General Manager-Engineering
Atchison, Topeka & Santa Fe Railway Company
121 East Sixth Street
Los Angeles, CA, 90014
~Ch%~t~(~V ~L%C~
Robert Ledendecker
City Engineer
Attachments
RL/dh
Santa F'c Original
Form 1617-B Standard
(Approved b~ Qeoerel Solicitor)
LICENSE
Tffi8 LICEN$$, Made as of the.---....~2th_..._ day of_ 19..?.i~
between......_._ THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
----------r
a..._....:_..-_.... Delgware .corporation (hereinafter called "Licensor"),
aad........__._C.~TY_OF TUSTIN-,-,,- _a municipal cowration of the State of California
(hereinafter, whether one party or more called "Licensee"). -~ - -----___._._.....~,
WITN$3$LrTH, That the parties hereto for the considerations hereinafter ezpreseed covenant and agree as
follows:
served and uponrthe ebternneceand~i~ndi~ta'one hereinafteb set forth, the land (hereinafter called "Premises"j ~ anted at
or near station of Irvine County of-- ~'an8e
$tateof_ California -. ~~
outlined in red coloring on the print hereto attached, No. 71-31504
dated.,,...... Ju 1 12 19 73 ~ ~ ,marked "Exhibit A" and
made a part hereof, for a term beginning oa......_2~_ ,ly],Y ~' ~ , 19 7 ,and ending whey
this license shall be terminated as hereinafter provided.
2. Licensor ere y excep an reserves the right, to be exercised by Licensor and by say others who have ob-
tained or may o permission or authoriity from Licensor eo to do, (a) to operate, maintain, renew and relocate any
and all existing ipe, power, and communication lines and appurtenances and other facilities of like character upon,
over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and
relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises
by Licensee for the purpose specified in paragraph 6 hereof.
3. Licensee shall pay to Licensor as compensation for the use of the Premises the sum of
_ - _-------- ----One------------Dollars ($1.00 ~
teals.
the right to use any improvements now on the Premises shown or described on said Exhibit A as "L' xisting
Improvement$." Such improvements, if any, together with any other improvemen r placed upon the
Premises by or for account of Licensee are hereinafter called "Improvement "
5. Licensee shall pay before the same become delin es, charges, rates, and assessments which may,
during the term of this license, be levied upon against, or be equitably chargeable to or assessed in respect
of the Improvements; and where ,rate, charge, or assessment may be embraced in the general amount
of taxes charged upo miles separately or in connection with other property of Licensor and Licensor shall
pay all of ,then Licensee shall promptly repay or refund to Licensor the amount or part of the tai, charge,
ohl., L.. al... T-"------- - `
6. Licensee shall use the Premises exclusively as a site for....._.._....ltreet or hi hwa ur oses __
the object of Licensor being to facilitate the convenient operation-of the railroad,~telegraph and telephone lines of
Licensor, and the transaction of business thereon. In case Licensee shall use the Premises for any other purpose what-
ever than above mentioned, then Licensor may declare this license at an end and prevent Licensee from using or re-
maining upon the Premises, with or without process of law. Licensee shall not have the eYClusive possession of the
Premises as against Licensor.
7. Licensee shall keep and maintain the Premises and Improvements in such safe, sanitary and sightly condition
as shall be satisfactory to Licensor,
-- {~.~_
' ;and if Licensee fails or refuses within fifteen (15) days after receipt of any request by Licensor
so to do, Licensor may, at its option, perform such work, and in such event Licensee shall within thirty (30) days
after the rendition of bill therefor reimburse Licensor for the cost so incurred.
8. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon,
Licensee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders,
or regulations of any governmental body having jurisdiction thereover. In the event the Premises or Improve-
ments shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Licensee
shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosives
of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses,
or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by Licensee,
except in unbroken original containers, shall be electricity, and such electrical installation and any other electrical
installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of
the then current edition of the National Electrical Code with respect to Class I hazardous locations. Licensee shall
promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered
or permitted to be done, by Licensee on the Premises, and Licensor is hereby authorized to post any notices or take
any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment
of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve
Licensee of any obligation or liability under this or any Qt~er paragraph hereof.
seven (I)
9. Licensee shall at all times keep a apace of ~o(9jcfeet from the nearest rail of any railroad track entirely clear
of structures, material and obstructions of every sort and shall observe an overhead clearance of not lees than twenty-
five (25) feet above the top of rail;
' ,however, if by statute or order of
competent public authority ~ier®mt clearanoce shall be required, then Licensee shall strictly comply with such
statute or order. greater
10. Licensee agrees to indemnify and save harmless Licensor against all loss, damage or expense which Licensor
may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons
and fines or penalties imposed upon or assessed against Licensor, arising in any manner out of (s) the use of the
Premises or Improvements by Licensee, (b) any breach by Licensee of the terms, covenants or conditions in this
instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons
or invitees of Licensee in, on or about the Premises or Improvements, except that if Licensor shall participate is
any such contributing acts or omissions, then the loss, damagre or expense arising therefrom shall be borne by the
parties hereto equsUq.
11. Neither Licensee, nor the- heirs, legal representatives, euccieaeors or assigns of Licensee, nor any subsequent
assignee, shall transfer or lease the Premises or the Improvements, or any part thereof, nor assign or transfer this
license os any interest herein, without the written consent and approval in each instance of Licensor.
12. Ia case of the eviction of Licensee by any one owning or claiming title to or any interest is the Premises,
Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any oompensatioa
paid hereunder, except the proportionate part of any compensation paid is advance.
13.. If any compensation hereunder shall be due and unpaid, or if default shall be made in any of the covenants
or agreements of Licensee herein contained, or in case of any assignment or transfer of this license by operation of law,
Licensor ma~-, at its option, terminate this license by serving five (5) days' notice in writing upon Licensee; but any
waiver by I.tcensor of any default or defaults shall not constitute a waiver of the right to terminate this license for
any subsequent default or defaults.
14. This license may be terminated at any time by either party upon thirty (30) days' notice in writing to be
served upon t e of er party, stating therein the tot at sue termination s a e p ace, an upon t e expiration
of the time specified in such notice this license and all rights of Licensee hereunder shall absolutely cease and de-
termine; but upon any such termination Licensee shall be entitled to have refunded by Licensor a proportionate part
of any compensation paid in advance.
lb. Any notice to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same
be delivered to Licensee, or if left with any of the agents, servants or employes of Licensee or if posted on the Premises,
or if deposited in the Post Office, postpaid, addressed to Licensee at___ ~i~ Halls 140 West Second
.._ ...............____. Street,~_.Tustin,~California__ 92680,_ _...................................._.__......__N....._~__~.
16. IIpon the termination of this license in any manner herein provided, Licensee shall forthwith surrender to
Licensor the possession of the Premises and shall remove the Improvements and restore the Premises to substantially
the state in which they were prior to the construction of the Improvements, and in case Licensee shall fail within
thirty (30) days after the date of such tetzriination to make such removal or restoration, then Licensor may, at its
election to be exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises
for the account of Licensee, and in such event Licensee shall within thirty t30) days after the rendition of bill therefor
reimburse Licensor for the coat so incurred, or tray take and hold the Improvements as its sole property.
_1
17. If Licensee fails to surrender to Licensor the Premises, upon any termination of this license, all the liabilities
and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered; and no terminatior
hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting
from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Improve-
ments are removed and the Premises restored or Licensor elects to take and hold the Improvements as its sole property
as hereinabove in paragraph 16 provided.
18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee
herein contained shall be the joint and several covenants and agreements of such parties.
19. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs, legal repre-
sentatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor.
20. The improvement of said Avenue within the portions of the premises occupied
by railroad trackage shall conform with plans and specifications approved by the
parties hereto and shall be subject to the terms and conditions of an agreement.
.~ entered into by the parties hereto substantially in the attached form ,marked
"Exhibit B" and made a part hereof.
21. This license is subject to all valid and existing contracts, leases,
licenses, conditions, restrictions, easements and encumbrances which may fh any
wise affect the premises, or the title thereto.
22. This license is given on the understanding that Licensee will hereafter,
without unnecessary delay, negotiate with Licensor, and any other person, if any,
having any right, title or interest in the premises, to agree upon terms and
conditions of an easement in form satisfactory to Licensor covering use of
premises for said purpose.
IN WITNE38 WHEREOF, This license has been duly executed is duplicate by the parties hereto as of tbs
day and year first above written.
__ THE ATCHISON~_ TOPEKA AND SANTA FE
Approved as to description:
,,
~~~ t/; a
Aas ~stant General Manager
Engineering
AyP~PROVED AS TO I'~MMM
~- .~+~
By
_GITY OF TUSTIN
By
._.. Its _.~ (Lioeneee)
i~.E ' 131
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY
AND
CITY OF TUSTIN
LOS ANGELES. CALIF. J. G. FRY
JULY 12, 1973 CHIEF ENGINEER
SCALE: 1 IN. TO SO FT.
-/ 79.31-G
I_ STervieor bL Ccntrprt~
~~~e ~ 231.3 1-I 79.31-C
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY
ANO
CITY OF" TUSTIN
LOS ANGELES. CALIF. J. G. FRY
JULY ~2, 1973 CHIEF ENGINEER
LEGEND
AREA OVER WHICH RIGHT OF ENTRY
IS PERMITTED SHOWN OUTLINED REO.
AT IRVINE
ORANGE COUNTY GALIf
C. E.C.L. 77 - 31504
Y
~! ~ ii f!
. EXHIBIT B
.. ,
THIS AGREEMENT, made and enn/tered int//o this
/ ~ ~~ day of IJ~CPm h ~r ,
19 ~2 , by an'd between THE ATCIiISON, TOPEI:A
AND S!-NTA FE Ri~ILTdAY COMPANY, a Delaware cor-
. poration, hereinafter referred to as "Santa
Fe", and the CITY OF TUSTIN, a municipality
in the State of California, hereinafter referred
to as "City".
WITNESSETIi: _"
WHEREAS, City proposes to construct Walnut Avenue at grade
across the right of way and track of Santa Fe, having a roadway width
of 64 feet between curbs, the centerline thereof crossing said track
at Mile Post 179.32-C, Irvine Spur Track.
WHEREAS, Santa Fe is willing that City extend said street
across its right of way and track at grade as a public street cros-
sing, when authorized by the Public Utilities Commission of the
State of California.
- 1 -
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NOW T1fEREFORE IT IS AGREED:
1. Santa Fe will, at expense of City,, (a) prepare its
track to receive planking, including placing crossing planks for
' roadway width of 64 feet, and (b) install four (4) Standard PJo. 8
. flashing light signals, two (2) of which are to be located on median
fslands to be constructed by City or City's Contractor.
2. City will, at its expense, (a) do all work except
that specified to be done by Santa Fe in above Paragraph 1, neces-
sary to said street construction, including adequate drainage facil-
ities, and (b) relocate or protect by encasement or otherwise property
or facilities of licensees of Santa Fn if sa±d licens^_es re^~~t~e sc~:e.
,,"-.
.• 3. Santa Fe will do the work specified in above Para-
graph 1, as soon as practicable, considering completion of said street
construction, availability of materials and manpower, and in consider-
ation thereof City will pay to Santa Fe the actual cost thereof,
presently estimated by Santa Fe to be TWENTY THOUSAND ONE Dollars
($ 20,001.00).
4. That upon completion of work to be done by Santa Fe,
specified in Paragraph 1 hereof, Santa Fe will render City a bill
for the actual costs thereof and City will promptly reimburse Santa
Fc for such costs.
- 2 -
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5. After installation of railroad crossing protection
signals and appurtenances under terms of this agreement, Santa Fe
shall physically maintain same so long as they remain in place.
The maintenance cost~of said signals and appurtenances shall be
borne by the City pursuant to the provisions of Section 1202.2 of
the California Public Utilities Code.
6. Santa Fe will, at its sole expense, maintain the
• _ street paving between lines two feet outside of and parallel with
the rails of the track.
7. City will maintain, at its sole expense, any improve-
went within said street extension and public crossing other than
• speciYied to be maintained by Santa Fe in Paragraph 6 hereof.
8. City, or City's Contractor, will comply with Santa
Fe's rules and regulations and the instructions of Santa Fe's rcpre-
sentatives ir. relation to proper c~anner.of protecting Santa Fe's
track and traffic moving thereon, as well as wires, signals and other
facilities or property of Santa Fe, or its tenants or licensees, at
or in the vicinity of the work during the period of construction of
said street extension, and shall perform the work in a manner satis-
factory to Santa Fe or its designated representative, and at suc}i
times as shall not enc},znger or interfere ~•rith safe operation of. Santa
Fe's track and other facilities.
3 -
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IN WITNESS WHEREOF, THE CITY OF TUSTIti has caused these
presents to be executed by its duly qualified officials pursuant to
authority regularly granted them by its City Council and TilE ATCHISON,
., TOPEKA AND SANTA FE RAIL[dAY COMPAI;Y has executed these presents both
. - as of day and year first above written.
THE ATCIiiSON, TOPEKA AIJD SANTA FE RAILWAY COMPANY
- ay ,~~ e4 ~.
I Assistant to Gcnerat Alanar:er
CITY OF TUSTIN
Dy t
Its M c
C-,7~~
EST: ~
s~
AP?ROVED:
%~ ~T.
~-----
As~t. ~ c~~ral A,ai;~%:^r-Cn~incering
The AtCtiiscn, To, cl::~ aricl Santa Fo
IFZailway Company
R~~PROVr_ ~ ~.S TO Fo~tn~
r ~ ~~ ~
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/~tlo; rcY I __
- 4 -
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CANCELLATION AND SURRENDER.
The parties mutually agree that the foregoing license is hereby cancelled as of the____ _. ---- -
day of -..... _.___._.__._- .....__._.___. , 19._....__, and the premises therein described surrendered to the Licensor.
Dated this__.~..._.._ ~_._ ------.__.day of __...___..__..._.._._ , 19
_._.w ._....._ __._______ ........ .....___._.----- --_---..._._._.._._~ ____..._. ._ ----__- --RAILWAY COMPAI\Y,
By_ ,. _...__..._ ._._ _ --~.....___.._~__ ___.
Its._~ __-__...._. __ (Licensor.) r
.~ __ _ __.__. _ ___._..___.__._. _.__~I.ic~nsee.l -
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