HomeMy WebLinkAboutSPRR@Cypress Av.Sewer Agreement ~ KE%UKI, JUr II:Li:I*HUI~
CONVERSATION
CITY OF FO.~'/i'ANA ~'~
Job No.
P 330 828 818
RECEIPT FOR CERTIFIED MAll
(See Reverse)
s~.~. IVANUSZCH
s~'~fb~RPORATE CENTER DRIVE
AU6 ~ 8 1992
C. SCOTT BEHM
,~OUTHERN PACIFIC TRANSPORTATION COMPANY
CITY OF FONTANA
RECORD OF TELEPHONE CONVERSATION
By ~ ~C/~__/~ Date
(City Employee)
Subject ~,-,~c,~-~ ~ ~7~ ~ ~
Individual ~ .~ ,~ ~F~.~,=, ~,~ ~a/~
Organization ~ P ~4 ~ ~-,~- Phone No. ~/a~-
Comments or Action Required
Idea 7192
CZTY OF FONTANA
PUBLIC WORKS DEPARTRENT LETTER OF TRANSRITTAL
8353 SIerra Avenue
Fontana, CA 92335
File: Recordation
Date: July 22, 1993
RE: Easement Deed for
TO: SAN BERNARDINO COUNTY RECORDER Southern Pacific Railroad
222 West Hospitality Lane
San Bernardino, CA 92415-0022
ATTN: BETTY SHEAS
Gentlemen:
We are sendinq you: )X) Attached Under separate cover via
the following item:
"Drawings ~' Prints ~' Plans Samples ~ Specifications }~ Copy of
Letter ~: Change Order :~ Check Print(s) :) Studies
'X~ Other: Easement Deed
COPIES DATE NO. DESCRIPTION
1 Easement Deed for Southern Pacific
Railroad Company
Purpose: Please:
For your information/records Submit original
For approval ~ ~ Other Resubmit __ copies
For your use for approval.
As requested Submit __ copies
For review & comment for distribution.
Approved as submitted Return __
Approved as no~ed corrected prints.
Return for corrections
'X' Other For Recordation
' ' For bid due:
,, ,19
' ' Prints returned after loaned to:
Remarks: PLEASE NOTE: The attached document does not reeuire a
Recordation Fee.
Copy to:
Sign d
Title: Assistant Engineer
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad," and CITY OF FONTANA, a
public body, address= 8353 Sierra Avenue, Fontaria, California
92335, herein termed "Grantee"; DEED
wITNESSETR= AUOJT ~e. , ........
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain and operate a 27-inch sanitary
sewer pipeline within a 54-inch casing, hereinafter referred to as
"structure," in, upon, along, across and beneath property and
tracks of Railroad, at or near Bloomington, in the County of San
Bernardino, State of California, crossing the centerline of said
tracks at Engineer's Station 3733+68, Milepost 531.93, in the
location shownon-the print of Railroad's Drawing B-531.93-X, Sheet
NO. 1, dated
on Exhibit "A", a .
Said structure shall be installed in accordance with minimum
requirements of Form C. S. 1741, also attached and made a part
hereof.
Upon execution hereof, Grantee shall pay Railroad the sum of
Five Hundred Sixty Dollars ($560) partially to defray cost of
handling.
In addition, as monetary consideration for the rights herein
granted, Grantee shall pay to Railroad the sum of Five Thousand Six
Hundred Twenty-five Dollars ($5,625).
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, recon-
Page 2 of 5
struct, maintain.and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, 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 Rallroad'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, at least five (5) days prior to performing any
digging activities on the premises of Railroad, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Grantee'will be advised if a
telecommunications system is buried anywhere on or about the
premises of Railroad in the location where Grantee will perform
such digging activities. If there is a telecommunications system,
Grantee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Railroad.
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
Page 3 of 5
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 reasonable
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 reasonable 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 or willful misconduct of
Railroad,'lts officers, agents or employees.
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
R,v, 0~/23/92
P~cje 4 of 5
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.
ll. No work on Railroad's premises shall be commenced by any
contractor for Grantee' until such contractor has entered into
Railroad'$ standard Contractor's Right of Entry agreement covering
such work.
12. To the extent allowed by law, Grantee agrees to release,
defend and indemnify Railroad from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when .
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Railroad, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full 'force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The word "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 hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued Or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said
retch 24, 1993
04123192
Page 5 Of 5
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 Co 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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's 'Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title. and
interest in said license.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first heroin
written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
( Title ) O~e~or
Contracts and Joint Fadlit[el
Attest, ~ c'n
STATE OF CALIFORNIA }
City and County of San FranCiscO }'
On this . %sy o,.in the .s, e, N,ns Nundr. Ninetythree
before me, Sandre P. Micecol, a Notary Public in and for the City and County of
San Francisco, State of California, personally appeared W. E. FOWLER, personally
known to ms (or proved to me on the basis of satisfactory evidence) to be the DIRECTOR
"----~"'~"~""'~"'~- =. -"'~-'- '~*-'~"CONTRAGTS AND JOINT FACILITIES, of the Corporation described In and that executed
' s,~ .,,~%:'~ ~.~-, ~, w.b..strum..,. a.d al.o k.ow. to b. tb. p.r.o.w.o .x.c.tsd. c. b.haif o, t,.
[! No;c-/~,-.=i.c'.'dc::rc~G FrPoratlon therein named and acknowledge to me that such Corporation executed
~A~t.!8, ]~ HERE F, I have hereunto set my hand and affixed my seal at my office
.... tn the City and Co of San Franc the day and year in this certificate
Zirst above writtad , --,
Corporatie
NOtary Public in a ranclsco, State of California
My Commission Expires April 8, 1994
Page 5 of 5
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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants 'that it is the lawful owner of all rights, title and
interest in said license.
IN WITNESS WMEa~OF, the parties hereto have caused these
presents to be exe6uted in duplicate the day and year first herein
written.
SOuTMyaN PACIFIC TRANSPORTATION COMPANY
Form Approve~
5~ General A~omey ( Title )
ContraCs and Jolm
Attest: A a~
~a~nt Secretary
By
(Title)
By
(Title)
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated __
- H A~C ~ g6, t~tq ~ from ~o~T~N PA~/~/C T~Ns~r~rf~ ~.tO the City of Fon~a, C~ifomia~
a MunicipM Coloration is hereby accepted by the undersigned officer pursuit m au~od~
confe~ by resolution of the City Council adopted July 16, 1991; ~d the gr~t~ consents to
the recordafion ther~f by its duly autho~z~ officer.
CITY OF FO~ANA
BY: ~~ ~ Date: 7- ~7- 9~
Robe~ W. Weddle, P.E.
City Engineer
City of Fonma
U EXHIBIT "A" V
· -, EASEMENT FOR SEWER PURPOSES
THAT PORTION OF THE LAND IN THE COUNTY OF SAN BERNARDINO, WITHIN THE SPHERE OF
INFLUENCE OF THE CITY OF FONTANA, STATE OF CALIFORNIA AS CONVEYED TO THE SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS AVENUE AND SLOVER AVENUE,
SAID POINT CONSISTING OF 1" I.P. COUNTY SURVEYOR'S MONUMENT (C.S.M.) AS REFERENCED ON
PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95 OF THE RECORDS OF SAID COUNTY;
THENCE NORTH 00°00'58'' EAST ALONG SAID CENTERLINE OF CYPRESS AVENUE A DISTANCE OF
1203.30 FEET TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LAND
CONVEYED TO THE SOUTHERN PACIFIC ~ILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES
446-449 OF THE RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, NORTH 88°34'58'' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2.50
FEET; THENCE NORTH 00°00'58" EAST A DISTANCE OF 100.03 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID LAND CONVEYED TO THE SOUTHERN PACIFIC ~ILROAD
COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF SAID COUNTY;
THENCE, SOUTH 88°34'58" WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00
FEET; THENCE, SOUTH 00'00'58" WEST A DISTANCE OF 100.03 FEET TO SAID SOUTHERLY RIGHT
OF WAY LINE OF THE LAND CONVEYED TO THE SOUTHERN PACIFIC FLAILROAD COMPANY; THENCE,
NORTH 88'34'58" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 12.50 FEET.,
TO THE TRUE POINT OF BEGINNING.
AREA CONTAINS 0.0344 ACRES, MORE OR LESS.
BASIS OF BEARINGS ESTABLISHED PER PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95
OF THE RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF: .~C
ROBERT W. WEDDLE, P.E. ~ OFCAL CITY PARCEL NO. 2756
R.C.E. 25126, EXPIRES 12/31/93 . SHEET 1 OF 2
APN ~51-141-~7
North Line of Land Conveyed J SCALE 1"=50'
to the S.P.R,R.; D.B,'N"/446-449
0 ~ S,P, ' '
S~th Line of Lend C~ye~d
to the S,P.R,R.; D,B,'N"/446-449
S.B.CO. Record~
T.P.O.B. ,
11/4" I.P. TAGGED L.S.3~2 ~ pOR~lO~ O~ ' '
S.B.CO. RECORDS. ~
' ~""'SLO~[R A~ENUE" k~__ ~,~,~o, ~ORDS,
Prepared under the Supervision of:
R.C.E. 25126 ExPire;'12/31/93
, DRA~ BY R. Sendoval city
CI~ OF FONTANA,, CALIFORNIA CHECKED BY F, Molinos P~rcel No.
G~S~ PL~T APPROVED By R. Weddie 2756
~XH0~OT "A" DATE 6-17-93 Sheet 2 of 2
mDITY OF FONTANA
~8353 SIERRA AVENUE
FONTANA, CALIFORNIA 92335-3598
PROGRAM ACCOUNTING PURCH. ORDER INVOICE NUMBER AMOUNT DESCRIPTION
537Z0-~017-52021407 024346 924990314~ 5,625,0~ CYPRESS SEWER PROJECT
53720-8017-52021407 0ZZ~347 ~Z49903144 560.00 CYPRESS SEWER PROJECT
055125 SOUTHERN PACIFIC
012164
CITY OF FONTANA ,~,,,~2~0
9353 SIERRA AVENUg
FONTANA, CALIFORNIA 92335-3598 CHECK 121 <S/,
DATE 06/14/93
AMOUNT ****'6,185.00'*
PAY THE SUM OF *****~,185.00DOLLARS
0 THE
tDER SOUTHERN PACIFIC
: TRANSPORTATION COMPANY
P.O, BOX 60000, FILE 61~60
SAN FRANCISCO, CA 94160-1860 ~ ,~ ~'~ ,'/~
BANK OF AMERICA · Fontana, Ciifornia IO A~ER !~DAYS
L
SEWER L NE
CONTACT CITY OF FONTANA PUBLIC WORKS
DEPARTMENT BEFORE EXCAVATING IN THIS AREA
,S i:~F' OF 5fe, N : I~~' x~4~J
-~ Nur'lE, Erz IZ;_,gk~ ~ ,4, COHOLETE" FZF_,FL~CTCf'Z!'!~} PQ51"
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~ '?_ 5iGN5 FOP-- NCIZTI4~IZI,,y LOCA13'ON s ~=ACiN6 NOIZTN ~, 5OU'I'H
~ ~_~
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IF YOU HAVE TROUBLE RECEMN3 '.,'Hli.$ T~,R~SMiS~;,ION, PLEASf~ CALL; (1309) 888-140t
NAM
E
~ LOOATION ............ '
FROM: ~:e-.~ f. .... ~' :,O~'~,~ NO,: (..~Z[,=~ .. ~t88-1401
AT: NIBS.d,~WIqy.- SANLEtz,fBNAR~NO ....... ~AX NO,: L,~.L) .,. e8~-4~
· LOCATION
TOTAL NUMBER OF PAGES, INCLUDING THIS
DATE;. ,.. . ............. TIME~
C;OPIE8 TO',
CONTACT CiTY OF FONT:ANA PUBLIC WORKS
DEPARTMENT BEFORE EXCAVATING IN THIS AREA
........... :
SEW'ER LiNE
CONTACT CITY OF FONTANA PUBLIC WORKS
DEPARTMENT BEFORE EXCAVATING IN THIS AREA
~ 51&N5 FOig N. O2'r'I.IP_:.FLLy LOCATfON ~. FAC[I-I~ NO/ZTN ~- 500714
/si~,N F_.x"rrzA I'D 15E~ 5'1'~/Z~'*~:~ AT GIG~ 5fJOP
TRAFFIC ENGINFIgR APPROVAL: DATE: INSTALLAT$ON COMPLETE: DATE:
tRAFFIC ENGiNI~ER APPROVAL: DATF,: INSTALLATION COMPLETe':
(See Reverse)
' ~. C~n~e
ne ~rket Plaza, Rm 1004
~San ~Pic~*o, CA 94105
Ce~itied Fee
Restrioted Delivery Fee
Io whom and Date Delivered
Return Receipt showin to whom.
Date, and Address ot 8elivery
TOTAL Poslage and Fees S
Postmark or Dale ~ ~ ~l~t'~
Put your address in the "P ' ~RN TO" Space on the reverse s de. Failure to do tl" vIII prevent this
cerdfrombengreturnedtc . f~ret re~ tfe wi provldevouthenameof~ arsondelivered !
to end the d, o, d ve~. ~ .~,t,ee~%..~t~.~ ,e'%J.~g .rv,..s .~..~.,,.~,.. ~..,,
3. Affiole Addregsed to: 4. Afficle Number
Sou~he~n ~ac~c ~:ans. Co~ ~330828854
Attn: Janie Walher T~e of Se~lce:
One Market Plaza Registered D Insured
Ce~lfled ~ COD
Room 1004 D eetur. eece~ t
San Francis~ CA 94105 ~ ~ressM.l~ forMerchants,
5. Signature -- Address ~ ~ ~ s~isee s Address
~. S' Agent '
P8 Form 3~11, M~. ~88 · ~8.G.P.O. 1988-212-865 DOMESTIC RETUBN RECEIPT
City of Fontana
CALIFORNIA
August 31, 1993
Southern Pacific Transportation Company
Attn: Ms. Janie Walher
Manager of Contracts
One Market Plaza
Room 1004
San Francisco, Ca 94105
Subject: Sewer Easement for Cypress Avenue Sewer Main Project
Dear Ms. Walher:
Following our earlier phone conversation, transmitted herewith, please find 2 originals
of the subject sewer easement. The easement has been signed by the City Engineer,
notarized, and a Certification of Acceptance slip, also attached to it.
Please also note the additional material transmitted:
· A copy of the recorder's letter, with corrections to be made, including
a sample notary, all purpose-acknowledgement.
Please correct, as noted, the notary acknowledgement, and the three last pages (Form
C.E. 41708 Sheet 1: information by applicant, information by railroad; and C.S. 1741
sheets 1 & 2). These last 3 pages were found to be illegible by the recorder.
After correction of the 2 originals, please send the City's counterpart for recordation.
If you have any questions, please call the undersigned at (909)350-6641.
Your help in this matter is greatly appreciated,
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Felipe Molinos, P,E.
Principal Civil Engineer/Capital Improvements
FM;yv
8353 SIERRA AVENUE {R.O. BOX 518) · FONTANA~ CALIFORNIA 92334-0515 · (714) 350-?500
SISTER CITY- KAMLOOPS, B.C. CANADA
RECORD OF TELEPHOF, CONVERSATION
CITY OF FONTANA
Job No.
~ ~/~/~ z~
I teml Oiscusied
BSI-Pq06 2/8n
AU61TC R/CONTROLLER RECORDER i"
' E,..~'~; COUNTY OF SAN BERNARDINO
Auditor/Controller-Recorder
p , ROBERT L, CALDERON, CIA, CISA
San Bernard/no, CA 92415-0022 · (909} 387-8306 Assistant Auditor/Controller-Recorder
AUguSt 4, 1993
City of Fontana
P.O. Box 518
Fontaria, CA 92335
We are returning the enclosed Indenture UNRECORDED for the
reason(s) indicated below.
1. Insert return address in upper left corner. Please include zip
code.
2. A proper notary acknowledgment is not attached. The notary
certification must contain the names of the parties who signed
the document. Effective January 1, 1993, an All-Capacity
Notary Acknowledgment is required. (See enclosed form)
3. Portion(s) of the document are illegible (last 3 pages). You
may either execute and submit a new original or you may add a
legible copy and a certification, by the party creating the
copy, under penalty of perjury that it is a true copy of the
original (Government Code Section 27361.7). (See enclosed
bulletin)
The "TOTAL" recording fee will be SO. If an attachment is added the fee
will increase $3.00 per page or portion thereof.
· ~ake check of money a b ' OR
sincerely~ ~~
DEBBIE McGINNIS
Recording Supervisor (~o~) 3d7- 8~O/~
STATE OF CALIFORNIA } /
City and County of San Francisco } aS.
On this ~;.%"~"~'P'day of ~ . in the year of NTne Hundred Ninetythree
before me, Sandro P. Micocci. a Notary Public in and for the City and County of
San Francisco. State of California. personally appeared W. E. FOWLER. personally
known to me (or proved to me on the basis of satisfactory evidence) to be the DIRECTOR
S AND JOINT FACILITIES of the Corporation described in and that executed
~ _~,pr~, ~v~ IN'~the City and Co ' of San Franc' the day and year ~
. first above wri~ed ~ ~
C°rP°ra~?a~ Public in a~Franclsc( ~
~y Commission Expires April 8. 1994
W~S my h~d and official s~l ~ ~
County of S~n Bernardino / [] INDIVIDUAL(S)
[] CORPORATE
On August 30, 1993 before me, Wilma Pinsak OFFICER(S)
DATE ~ME, TI~E OF OFFICER - e.G., 'JANE ~E, NOTARY PUBLIC" TITLE(S)
D PARTNER(S)
personally appeared Robert W. Waddle. P.E. D A~ORNEY-IN-FACT
NAME(S) OF SIGNER(S) D TRUSTEE(S)
~ perSOnally known to me - OR - D proved to me on the basis of satisfactoW evidence D SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscrib~ to the within instrument and ac- D GUARDIAN/CONSERVATOR
knowledged to me that he/she/they executed D OTHER:
the same in his/her/their authorized
~ ~~ capacity(lea), and that by his/her/their
orthe entiW upon behalf ofwhich the person(s) SIGNER IS REPRESENTING:
.... ~0%. ~,~%~, ~ acted, executed the instrument. ,~s o~ PER~{S~ O. S~,~,Sm
City of Fontana
Witness my hand and official seal.
A~E~ ~TARY: A~hough the information r~uest~ ~low is ~AL, it ~u~ prevent fraudulent a~achment of this ~di~cate to unauthodz~ d~ument.
THIS CERTIFICATE Title or Type of Document ~aseme~ ~o~ Sere= ~=poses
MUST BE A~ACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
~ 1~1 NATIONAL NOTARY AS~IATION · ~ Reinmet Ave. · PO. ~x 71 ~ · Can~ Paffi, CA 913~-71H
~,,~. x]~den~ure t~z~ninates and supersedes that certain
license agreement between Railroad and City of Fontand dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title and
interest in said license.
IN WITNESS ~]EREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SO~E~ PACIFIC ~SPORTATION CO~
( Tit le ) DW~o~
CI~ OF FO~
(Title)Robert W. Waddle, P.E., City Engineer
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated
~March 26, 1993 f.rom Southern Pacific Transportation Compsny to the City of Fontshe, California,"~
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resoi~tion of the City Council adopted July 16, 1991; and the grantee consents to
the recordation thereof by its duly authorized officer.
Robert
City of Fontand
DATE:
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated __
1.1~1~1t ~6, Iqtl~ from 5oorstR Iq P.o. cit:lt:. TR~,n~.pOR'rA'rlOU Co. tO the City of Fontana, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolution of the City Council adopted July 16, 1991; and the grantee consents to
the recordation thereef by its duly authorized officer.
CITY OF FONTANA
BY: ~~c,z'./_6/'~ Date: 7, Z/-c) 3
Robert W. Weddle, P.E.
City Engineer
City of Fontana
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated __
H A~C H g6 ~ #qq ~ from soo'r.~.~n PACIFIC Tg~.s eo~rRrIoi4 Co. tO the City of Fontann, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolution of the City Council adopted July 16, 1991; and the grantee consents to
the recordation thereof by its duly authorized officer.
CITY OF FONTANA
BY: ~'-~q.z/,f/~ Date: 7- Z/- 95
Robert W. Weddie, P.E.
City Engineer
City of Fontana
Cicty of Fontana
LIFORNIA
FAX
COMMUNICATIONS
FROM FAX NUMBER (909} 350-6618
PLEASE DELIVER THE FOLLOWING PAGES TO:
Company: 5~UTY/'E~ta ,l~G/'P,e?___ F/2~,uSP. C~.
Name: MARY' 7'A t~ ~ /4 ZI.5 /4 /
Fax Number: (2/3) 7o~V-~q23 Phone Number: [2/3) 7o°0
From: F EU'fl>E M CL /A.,'O 5
Phone Number: (/qO~') ;35(2-
Total Number of Pages: / 7 ' Date: o°/~°/f~ ~me:
(Including cover sheet)
Message: b/'~/2>~ , ,~ ,~?/~_~ c__,/~q
X CHARGE IS: S3,00~(EXCLUDING COVER SHEET) Si .ed~R'~F~ER.
·
PLEASE MAKE CHECK PAYABLE TO TI~E"'Gt~'Y OF FONTANA IN THE AMOUNT OF $ .
PLEASE MAIL TO: CITY OF FONTANA, P.O. B&'~1-8%FONTANA, CA 92334
FROM:
Name Company/Firm
Addres~ Phone No
NOTE: Rease return this cover sheet witIt Payment
(Account No. 010-0316-2300)
8,153 ~IERRA AVENUE (P,O, BOX. el 8) ® FONTAlIA CALIFORNIA 92~34-0618 ·
818TEI~ CITY -- KAMt e~- '~S, B.C, CAN~OA
Cicty of Fontana
LIFORNIA
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FHOM FAX NUMBEH (~0~) ~0-~18
PLEASfl DELIVEF! TH~ FOLLOWING PAGES TO;
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Message: Z~/~ r ~~ ~/~
/
CC:
FAX CHARGE IS: ~3.00 1ST PAGE (~UDING COVER SHE~ ~1,50 ~ER~FTER.
PLEASE MAKE CHECK PAYAB~ TO THE C]~QF FO~ANA IN ~E AMOUNT OF ~ .
PLEASE MAIL TO: CI~ OF FO~ANA, P.O. BOX~ANA, CA 92334
FROM: ~ '
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Addten ~ne No.
NOTE: Rease return this cover sheet wi~ Payment
No.
(A~ount L&23~)
8~3 ~IER~ AVENUE(P,O. COX S18) · FONT~ ~IFORN~ 9J~618 · (114)35~7~
SISTE~ ClW-- ~Mt ~S. SG CA~DA
Cicty of Fontana
LIFORNIA
FAX
COMMUNICATIONS
FROM FAX NUMBER {909} 350-6618
PLEASE OELIVER THE FOLLOWING PAGFS TO:
Compare/: ~'O(y27~F/2/V Pg/~/C
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(Including cover sheet)
Message: J~N~: ?~ ~ ~r-
FAX CHA8~E ~8:. ~ 0 ~ST PAGH ~EXe[UOI~G
P~EAS~ MAKH CHeeK ~ TO TH~ C~ OF FO~TANA 1~ THE AMOORT OF ~ ........ .
PLEASE MAiL TO: Cl~ OF FONTANA, . BOX 518, FONTANA, CA 9~334
FROM: N .....
NOTE: Please
{Account No. 010-0316-2300)
8358 ~IERRA AVENUE (P.O. BOX 518} · FONTAN~ CALIFORNIA 92~3~0~ 18 · (714) 350-1800
818TE~ Ol~- ~MI ~r.~, EO. CAN'ADA
AUDITOR/CONTROLLER-RECORDER cou. TY oF SAN 5ERNA.D,.O
AUDITOR/CONTROLLER · 222 West Hospitality Lane, Fourth Floor "~;;;' ERROL J. MACKZUM, CPA
San Bernardlno, CA 92415-0018 · (909) 387-8322 Auditor/Controller-Recorder
RECORDER · 222 West Hospitality Lane, First Floor .~/ ROBERT L. CALDERON, CIA, CISA
Sen Bernardlno, CA 92415-0022 · (909) 387-8306 Assistant Auditor/Controller-Recorder
'IMPORTAItT ttOTICE"; I
AuguSt 4, 1993
City of Fontana
P.O. Box 518
Fontana, CA 92335
We are returning the enclosed Indenture UNRECORDED for the
reason(s) indicated below.
1. Insert return address in upper left corner. Please include zip
code.
2. A proper notary acknowledgment is not attached. The notary
certification must contain the names of the parties who signed
the document. Effective January 1, 1993, an All-Capacity
Notary Acknowledgment is required. (See enclosed form)
3. Portion(s) of the document are illegible (last 3 pages). You
may either execute and submit a new original or you may add a
legible copy and a certification, by the party creating the
copy, under penalty of perjury that it is a true copy of the
original (Government Code Section 27361.7). (See enclosed
bulletin)
The "TOTAL" recording fee will be $~. If an attachment is added the fee
will increase $3.00 per page or portion thereof.
iNOTE:: STATE LAW REQUIRES PA~4ENT OF FEES -~' I
DEBBIE MCGINNIS
Recording Supervisor
DM:cjr
State of California }
}SS.
County of }
On ; before me, the undersigned, a Nolary Public in and
for said State, personally appeared ,
personally known to me (or proved to me and the basis of satisfac{ory evidence)
to be the person(S) whose name(s) is/are subscribed to the within inslxumcnt and
acknowledged. to m that he/ishe/they executed the same in Ms/her/their authorized
cap~City(ies), and' that by Ms/her/their signature(s) on tho instrument tho
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal
.(Ngt~. Signature) (Notary Seal)
R,v. 04/23192
~,~, .... il
u._,~,p.~ ~: RMIa~IS: B-531.93-X(N)
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad," and CITY OF FONTANA, a
public body, address= 8353 Sierra Avenue, Fontana, California.
92335, herein termed "Grantee"; D~ED
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain and operate a 27-inch sanitary
sewer pipeline within a 54-inch casing, hereinafter referred to as
"structure," in, upon, along, across and beneath property and
tracks of Railroad, at or near Bloomington, in the County of San
Bernardino, State of California, crossing the centerline of said
tracks at Engineer's Station 3733+68, Milepost 531.93, in the
location shown on the print of Railroad's Drawing B-531.93-X, Sheet
No. 1, dated 12~e~ 24, 1992, attached and made a part hereof, and
on Exhibit "A", 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.
Upon execution hereof, Grantee shall pay Railroad the sum of
Five Hundred Sixty Dollars {$560) partially to defray cost of
handling.
In addition, as monetary consideration for the rights herein
granted, Grantee shall pay to Railroad the sum of Five Thousand Six
Hundred Twenty-five Dollars {$5,625).
2. Project markers in form and size satisfactory to Railroad, '
identifying the facility and its ow-r%er, 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, recon-
Rev, 04123192"
Page 2 of 5
struct, maintain.and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, 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, at least five (5) days prior to performing any
digging activities on the premises of Railroad, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Grantee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Railroad in the location where Grantee will perform '
such digging activities. If there is a telecommunications system,
Grantee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premi.ses of Railroad.
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
Rev, 04123/92
Page 3 of 5
beneath or along Rallroad'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 reasonable
satisfaction of Railroad (insolaf 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 reasonable 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 or willful misconduct of
Railroad,'lts officers, agents or employees.
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
.. R~v. 0~/23/92
Page 4 of 5
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. To the extent allowed by law, Grantee agrees to release,
defend and indemnify Railroad from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Railroad, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full 'force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The word "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 hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued Or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said
Page 5 of 5
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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title and
interest in said license.
IN WITNESS tTBEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
( Title ) Director
Contracts and Joint Facilltlel
STATE OF CALIFORNIA }
City and County of San Francisco } SS.
f On this ~'T~day of ~ , in the year of NIne Hundred Ninetythree
before me, Sandro P. Micoccl, a Notary Public In and for the City and County of
San Francisco, State of CalifOrnia, personally appeared W. E. FOWLER, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the DIRECTOR
"~'~.~-~'~xOF='~-;,, ~--,'~'~'"""~"'T~,ONTRACTS AND JOINT FACILITIES, of the Corporation described in and that executed
.... -,\' SANO~O~ ~ ~-~'1 ~he with n nstrument, and a so known to be the person who executed It on behalf of the
~ ~,~ No~c~/' ~c~c'~'~c:..~ !ffporatlon therein named and acknowledge to me that such Corporation executed
v _.~ IN ITNESS WHEREOF, I have hereunto set my hand and affixed my sea at my office
...... '~n the City and Co of San Franc the day and year In this certificate
Corporatlo~irst above writted , ~
Notary Public in a rancisco, State of California
My CommisSiOn Expires April 8, 1994 ~X2/~
DESCRIPTION CORRECT
. " F ENGINEER
~i'O~ V ~ 0 ~GI
L C
C
p A MARTIN
MAR L
Rsv. 04/23192 t{iw~ ~
Page 5 of 5
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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title and
interest in said license.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be exe6uted in duplicate the day and year first herein
written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
FOPm Ap~T0ved~
5~ OeneTs1A~tovney ( Title ) O~e~or "
Contract~ a.d Jo].t Fac{{Mee
Attest-- A~ant~
DESCRIPTION CORRECT
~'0il V~/T~)~ EN~
L. C YARBER~ ,
MAR ~
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated __
HAgC ~ ~, Jqq ~. from ~ou-rH~.az8 PAC/F/C Ts~A~sf,o~t~rfo~ to.to the City of Fontana, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolution of the City Council adopted July 16, 1991; and the grantee consents to
the recordation thereof by its duly authorized officer.
CITY OF FONTANA
BY: ~/.j/t_..d-,~ Date: 7- ,g/- 9~
Robert W. Weddie, P.E.
City Engineer
City of Fontaria
EXHIBIT "A"
EASEMENT FOR SEWER PURPOSES
THAT PORTION OF THE LAND IN THE COUNTY OF SAN BERNARDINO, WITHIN THE SPHERE OF
INFLUENCE OF THE CITY OF FONTANA, STATE OF CALIFORNIA AS CONVEYED TO THE SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS AVENUE AND SLOVER AVENUE,
SAID POINT CONSISTING OF 1" I.P. COUNTY SURVEYOR'S MONUMENT (C.S.M.) AS REFERENCED ON
PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95 OF THE RECORDS OF SAID COUNTY;'
THENCE NORTH 00°00'58'' EAST ALONG SAID CENTERLINE OF CYPRESS AVENUE A DISTANCE OF
1203.30 FEET TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LAND
CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES
446-449 OF THE RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, NORTH 88°34'58".EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2.50
FEET; THENCE NORTH 00°00'58· EAST A DISTANCE OF 100.03 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF SAID COUNTY;
THENCE, SOUTH 88°34'58" WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00
FEET; THENCE, SOUTH 00°00'58" WEST A DISTANCE OF 100.03 FEET TO SAID SOUTHERLY RIGHT
OF WAY LINE OF THE LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY;THENCE,
NORTH 88°34'58'' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 12.50 FEET
TO THE TRUE POINT OFBEGINNING.
AREA CONTAINS 0.0344 ACRES, MORE OR LESS.
BASIS OF BEARINGS ESTABLISHED PER PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95
OF THE RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF: x~
ROBERT W. WEDDLE, P.E. ~ OFCA~ CITY PARCEL NO. 2756
R.C.E. 25126, EXPIRES 12/31/93 SHEET I OF 2
APN ~51-141-27
OF ~N~ ///~
North Line of Land Conveyed SCALE 1"=50'
to the S.P.R,R.; 0.B."N'/446-449
S.B.CO. Records--~ //'/~ S ~'~' ~ ~'
",
S~th Line of Land C~ve~d
to the S.P,R.R.;, D,B.'N"/446-449
P.O.B.
PER PM 447~
~ SLIER A~ENUE
Prepared under ~he Supervision of:
R ~ PER PM 4474
M.8. 41Z95
R.C.E. 25126 Expires 12/31/93 ~ s.e.co. RECORDS.
, DRA~ BY R. Sandoval city
Parcel No.
CI~ O~ FONTANA, CALIFORNIA CHECKED 8Y F. Mollhas
2756
D~D PLAT APPROvED 8yR. Waddle
~XH08OT "A" DATE 6-17-93 Sheet 2 of 2
.)
' _Y}Z' ........~"'Z'~ZzZ
.__ ..., ,,..._..,.,.._ .....~,,.., ....t.".~s~-.~ """"" '"'-"" "'-""" '"":-"
3' ~' ,s- ~- ~s- ~,- 2~ ~4- Jo* o.~o~' s~' o.e,~' PIPE LINES
)
City of Fontana
CALIFORNIA July 22, 1993
Mr. John W. Ivanusich /~;~: '
Southern Pacific Transportation Company
1200 Corporate 'Center Drive
Monterey Park, CA 91754
Re: Sewer Easement for Cypress Avenue
Sewer Main Project
Dear Mr. Ivanusich:
Attached please find:
An earlier transmittal from Mr. W.E. Fowler and Ms. Adair
Wasiuk for the project in reference.
"SPT Co" counterpart of the executed easement.
City of Fontana check No. 12164 dated, June 14, 1993 in the
amount of 96,185.00, payable to Southern Pacific
Transportation Company.
At this time a city sign crew has been instructed to install project markers at the north and
south limits of the easement, as agreed previously with your office.
The City will record the easement documents as now transmitted and a copy of the recording
data will finally be sent to your office. R~
All the help provided by you and "SPT Co" staff on this project has been greatly appreciated,
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Felipe Molinos
Associate Engineer/Capital Improvement
Enclosure
cc: Ms. Adair Wasiuk, Head Lease Clerk
8353 SIERRAAVENUE(P.O. BOX518) · FONTANA~ CALIFORNIA92334-0518 · (714)350-7800
SISTER CITY- KAMLOOPS, B,C. CANADA
CITY OF FONIANA
8353 SIERRA AVENUE
FONTANA, CALIFORNIA 92335-3598
PROGRAM ACCOUNTING PURCH. ORDER INVOICE NUMBER AMOUNT DESCRIPTION
53720-8017-52021407 024346 924~903144 5,625,00 CYPRESS SEWER PROJECT
53720-8017-52021407 02.4347 q249903144 560.00 CYPRESS SEWER PROJECT
-)
053125 SOUTHERN PACIFIC
012164
CITY OF FONTANA ,~,,,~o
83,53 SIERRA AVENUE
FONTANA, CALIFORNIA 92335-3598 CHECK 121 ~, 4
DATE 0611 ~,193
"'~' AMOUNT ****'6,185 -00'*
PAY TIlE SUM OF *****(:,I~5.00DOLLARS °'
D THE
P.O. BOX 60000, FILE 61860
SAN FRANCISCO, CA 9416C-1~60
BANK OF AMERICA · Fontaria, ~iforni8 ID A~ER AYS
"'O i ~ i&~.'
Southern Pacific Lines
Southern Pacific Building · One M~k~ PIa~ · San Francisco, California 9
924 990/314.4 * 54
March 26, 1993.
Mr. Felipe Molinos, P.E.
City of Fontana =
8353 Sierra Avenue
Fontana, CA 92335 ~'~
Dear Mr. Molinos:
Attached are two counterparts of an easement which will take
the place of Lease Audit NO. 710396 dated August 4, 1992, covering
a 27-inch sanitary sewer pipeline within a 54-inch casing at or
near Bloomington, California.
If satisfactory, please arrange for execution on behalf of the
City of Fontana and return counterpart marked "SPTCo.", along with
check(s) in the amount of $5,625 and $560 to Southern Pacific
Transportation Company, Mr. J. W. Ivanusich, 1200 Corporate Center
Drive, Monterey Park, California 91754 for his further handling.
Yours very truly,
Attachment
Bloomington B-531.93
JULY 16, 1993
Felipe:
Revision and addition approved. Please sign and return to me.
Ms Adair Wasiuk
Head Lease Clerk
; : DATE: IN"~TA~X'TION COk4PL~TE: rATE:
~/~1~
~_ : -, ·
SEWER L NE
CONTACT CITY OF FONTANA PUBLIC WORKS
DEPARTMENT BEFORE EXCAVATING IN THIS AREA
City of Fontana
CALIFORNIA
June 21, 1993
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Adair Wasiuk ~ '!,~,~ { 2~ ~. ) 7ec1 - ect67
Agreements and Contracts
South,ern Pacific Transportation Company
1200 Corporate Center Drive, Suite 160
Monterey Park, CA 91754
RE: Easement to Replace Lease Audit No. 710396, Dated August 4, 1992
On Route B - 532,93, Main Line L.A. to East Yard Near Bloomington
Station (Cypress Avenue Sewer, City of Fontana)
Dear Ms. Wasiuk:
As mentioned in today's phone conversation, this office is transmitting the following
material for your use in preparing the final easement documents:
Two counterparts of the sewer easement as transmitted to this office.
A copy of the easement, as corrected by this office. Please note the addition
of a sentence referencing Exhibit "A" on Page 1 of 5 and insertions of City's
certification and Exhibit "A".
Two counterparts of the City's acceptance page and Exhibit "A" to be inserted
on the respective originals.
After the corrections and insertions are made, please return the two original
easements for City's signature. One fully executed original and a check in the total
amount of 96,185 will then be sent to your office.
8353 SIERRA AVENUE ( P.O. BOX 518) · FONTANA, CALIFOI~NIA 92334-0518 · (714) 350-7600
SISTER CITY- KAMLOOPS, B.C. CANADA
~e~ recycled paper
Ms.~ Adair Wasiuk
June 21, 1993
Page Two
If you have any questions, please call the undersigned at (909) 350-6641,
Thank you for your attention to this matter.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTM.ENT
Engineering Division
Felipe Molinos, P.E.
Principal Engineer/Capital Improvements
FM:sh
Enclosures
cc: Associate Engineer/Special Projects (YP)
City of Fontana
CALIFORNIA
June 21, 1993
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Adair Wasiuk
Agreements and Contracts
Southgrn Pacific Transportation Company
1200 Corporate Center Drive, Suite 160
Monterey Park, CA 91754
RE: Easement to Replace Lease Audit No. 710396, Dated August 4, 1992
On Route B - 532.93, Main Line L,A. to East Yard Near Bloomington
Station (Cypress Avenue Sewer, City of Fontana)
Dear Ms, Wasiuk:
As mentioned in today's phone conversation, this office is transmitting the following
material for your use in preparing the final easement documents:
Two counterparts of the sewer easement as transmitted to this office.
A copy of the easement, as corrected by this office. Please note the addition
of a sentence referencing Exhibit "A" on Page I of 5 and insertions of City's
certification and Exhibit "A",
Two counterparts of the City's acceptance page and Exhibit "A" to be inserted
on the respective originals.
After the corrections and insertions are made, please return the two original
easements for City's signature. One fully executed original and a check in the total
amount of $6,185 will then be sent to your office.
8353 SIERRA AVENUE (P,O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 t (714) 350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
~ recycled paper
Ms. Adair Wasiuk
June 21, 1993
Page Two
If you have any questions, please call the undersigned at (909) 350-6641.
Thank you for your attention to this matter.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTM,ENT
Engineering Division
Felipe Molinos, P,E.
Principal Engineer/Capital Improvements
FM:sh
Enclosures
cc: Associate Engineer/Special Projects (YP)
Southern Pacific Lines
Southern Pacific BuildInS · One Market Plaza · S~n Francisco, California 94105
~. E. ~o~
DIRECTOR
CONTRACTS AND JOINT YACILITIES /
924 990/314.4 , ~4
March 26, 1993
Mr. Felipe Molinos, P.E. ~M
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Dear Mr. Molinos:
Attached are two counterparts of an easement which will take
the place of Lease Audit NO.. 710396 dated August 4, 1992, covering
a 27-inch sanitary. sewer pipeline within a 54-inch casing at or
near Bloomington, California.
If satisfactory, please arrange for execution on behalf of the
City of Fontana and return counterpart marked "SPTCo.", along with
check(s) in the amount of $5,625 and $560 to Southern Pacific
Transportation Company, Mr. J. W. Ivanusich, 1200 Corporate Center
Drive, Monterey Park, California 91754 for his further handling.
Yours very truly,
Attachment
Page 1 of 5
RELMIS: B-531.93-X(N)
by and between SOUTMZRNPACIFICTRANSPORTATION COMPAN=, a Delaware
corporation, herein termed "Railroad," and CITY OF FONTANA, a
public body, address: 8353 Sierra Avenue, Fontana, California
92335, herein termed "Grantee"; DEED
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain and operate a 27-inch sanitary
sewer pipeline within a 54-inch casing, hereinafter referred to as
"structure," in, upon, along, across and beneath property and
tracks of Railroad, at or near Bloomington, in the County of San
Bernardino, State of California, crossing the centerline of said
tracks at Engineer's Station 3733+68, Milepost 531.93, in the
location shown on the print of Railroad's Drawing B-531.93-X, Sheet
No. 1, dated January 24, 1992, attached and made a part hereofJ
on ax~}~ir~~ ~che~ a~d m~de ~ ~Pt ~ePec~.
Said structure shall be installed ~ accordance with minimum
requirements of Form C. S. 1741, also attached and made a part
hereof.
Upon execution hereof, Grantee shall pay Railroad the sum of
Five Hundred Sixty Dollars ($560) partially to defray cost of
handling.
In addition, as monetary consideration for the rights heroin
granted, Grantee shall pay to Railroad the sum of Five Thousand Six
Hundred Twenty-five Dollars ($5,625).
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 Granteeat 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 right~ heroin granted) to construct, recon-
lt, ev. 04/23/92
struct, maintain and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, 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, at least five (5) days prior to performing any
digging activities on the premises of Railroad, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Grantee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Railroad in the location where Grantee will perform
such digging activities. If there is a telecommunications system,
Grantee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Railroad.
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
:, Rev. 04123/~2
Page 3 of 5
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 reasonable
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 reasonable 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 or willful misconduct of
Railroad, its officers, agents or employees.
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
Page 4 of 5
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 performthe 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 Entryagreement covering
such work.
12. To the extent allowed by law, Grantee agrees to release,
defend and indemnify Railroad from and against any and all
liability, cost and.expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Railroad, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The word "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 hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
(Title)
(Title~
STATE OF CALIFORNIA }
City end County of 8an Francisco } 88.
On this ~--~>~ day of ~"'~T:%~.~ , in the yemr of Nine Hundred Ninetytares
before me, Bandro P. Mlcoccl, · Notsty Public in end for the City and County of
8an Francisco, State of Cailfomtl, personally appeared W. E. FOWLER, pereonmly
w~wn to me (of proved to me on the bails of satisfactory evidence)i to be the DIRE:TOR
NTRACT8 AND JOINT FACILITIES, of the Corporation described n and that executed
within inatrumeffi, and also known to be the poreon who executed It on behalf o the
.on therein neroelf and acknowledge to me met such Corporation executed
i""
' ,~4~dl8, ~ LNJNITNES8 WHEREOF I have hereunto set my hand and affixed my seal at my office in the Clfy end County an Francisco, the day and year in this certificate
C°rP°re~°o~llrf Public in end for of Cellfomll
DESCRIPTION CORRECT
~"~./~-
L C YARBER~
o A MARTIN c
MAR ~ G ~g93
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in real property conveyed by the Deed or Grant dated __
from to the City of Fontana, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolution of the City Council adopted July 16, 1991; and the grante.~ consents to
the recordation thereof by its duly authorized officer.
CITY OF FONTANA
BY: Date:
Robert W. Weddie, P.E.
City Engineer
City of Fontaria
(immmm/ EXHIBIT "A" V
EASEMENT FOR SEWER PURPOSES
THAT PORTION OF THE LAND IN THE COUNTY OF SAN BERNARDINO, WITHIN THE-SPHERE OF
INFLUENCE OF THE CITY OF FONTANA, STATE OF CALIFORNIA AS CONVEYED TO THE SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS AVENUE AND SLOVER AVENUE,
SAID POINT CONSISTING OF 1" I.P. COUNTY SURVEYOR'S MONUMENT (C.S.M.) AS REFERENCED ON
PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95 OF THE RECORDS OF SAID COUNTY;
THENCE NORTH 00°00'58'' EAST ALONG SAID CENTERLINE OF CYPRESS AVENUE A DISTANCE OF
1203.30 FEET TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LAND
CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES
446~449 OF THE RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OP BEGINNING;
THENCE, NORTH 88'34'58" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2.50
FEET; THENCE NORTH 00'00'58" EAST A DISTANCE OF 100.03 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF SAID COUNTY;
THENCE, SOUTH 88"34'58" WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00
FEET; THENCE, SOUTH 00°00'58" WEST A DISTANCE OF 100.03 FEET TO SAID SOUTHERLY RIGHT
OF WAY LINE OF THE LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE,
NORTH 88°34'58'' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 12.50 FEET
TO THE TRUE POINT OF BEGINNING.
AREA CONTAINS 0.0344 ACRES, MORE OR LESS.
BASIS OF BEARINGS ESTABLISHED PER PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95
OF THE RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF:
'
E, P.E. CITY PARCEL NO. 2756
R.C.E. 25126, EXPIRES 12/31/93 ~',.~.~,-' SHEET 1 OF 2
APN 251-141-27 ,.,~,~ ///~
Norf;h Line of Land Co~nvey~d SCALE
to the S.~,RR.:
CO~ ~' / ~oS0s' ' ~
's~ co. ~
~th Line of L~nd C~ve~d ~ '
to the S.P,R.R,; D,B.'N"/446-449 ~
11/4' LP. TAGGED L. 5.3~2 ~ ~O~~ ~ P
PER PM 4474 ~ ~ ~. · ~CO~ ·
>
R R
S,8,C0. ECO OS. -- -~ ~ < 5. · '
P,O,B.
I' C,S,M, AS REF,
PER PM 4474
v Nu['
Prepcred under the Supervision of: { ~ ~
,t Basis of Bearings:
~ PER PM 4474
Robert W. Weddie, P.E. M.B.
R.C.E. 25126 Expires 32/31/g3 oFc~u R c
~ S.8.C0. E 0RDS.
DRA~ BY e. Sandovat
Parcei No,
CI~ DE FONTANA, CALIFORNIA CHECKED BY F. Molinos
275B
D~D eLAT APPROvED BY R. Wedd~e
5XHQ~GT "A' DATE 8-17-93 Sheet 2 of 2
1741
PIPE LINES
ACROSS OR ALONG RIGHT OF WAY
Form C.c. 3400 Approved as so form by General Counsel L?R.lzn. C=yofFon 924 990/31~.4 ~ 54 ~ay 26, L992
Revised: April 24, L992 ~8~ ~
Page 1 of 6
RELMIS: B-531.93-X(N)
UNDERGROUND PIPELINE
(SEWER - WATER - STORM DRAIN - ETC.)
, by
and between SOUTHERN PACIFICTRANSPORTATION COMPANY, a corporation,
(Licensor), and CITY OF FONTANA, a public body, address: 8353
Sierra Avenue, Fontana, California 92335, (Licensee);
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the
right to construct, reconstruct, maintain and operate, subject to
the terms of this Agreement, a 27-inch sanitary sewer pipeline
within a 54-inch casing (herein called "structure"), at or near
Bloomington, County of San Bernardino, State of California, in the
location shown on the attached print of Drawing B-531.93-X, sheet
1 of 1, dated January 24, 1992.
This grant is subject and subordinate to the prior and
continuing right of Licensor, its successors and assigns, to use
all of its property in the conduct of its business, Licensor
reserving full rights, consistent with the rights herein granted,
to construct, reconstruct, maintain and operate existing and
additional transportation, communication, pipeline and power
facilities upon, over and beneath its premises.
2. Identifying Markers: Markers in form and size
satisfactory to Licensor shall be installed and constantly
maintained by Licensee at Licensor's property lines or such
locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty by Licensor that there are
no subsurface installations.
3. Costs: Upon execution hereof, Licensee shall pay Licensor
Four Hundred Five Dollars ($405) partially to defray cost of
handling.
~ Rav~=ad: April 24, 1992 ~ ~
Page 2 of 6
Licensee shall bear the entire cost of constructing,
reconstructing, maintaining and operating said structure on
Licensor's premises. Licensee shall reimburse Licensor for all
cost and expense to Licensor in furnishing any materials or
performing any labor in connection with such work, including, but
not limited to, installation of falsework and other protection
beneath or along Licensor's tracks, and furnishing such watchmen,
flagmen and inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be
constructed, reconstructed and maintained in accordance with plans
approved by Licensor within a reasonable period of time. Approval
by Licensor shall not constitute a Warranty by Licensor that such
plans conform with federal, state and/or local codes and
regulations applicable thereto. All work upon or in connection
with said structure shall be done to Licensor's satisfaction at
such times and in such manner as not to interfere with Licensor's
operations. In the construction, reconstruction and maintenance of
said structure, Licensee shall keep Licensor's premises in a neat
and safe condition, failing which Licensor may do so at Licensee's
expense. If required by Licensor in its use of Licensor's
premises, Licensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Licensor
five (5) days' written notice of the day and hour it proposes to do
any work on said structure.
Licensee shall cooperate with Licensor in making any rea-
sonable tests it requires of any installation or condition which in
its Judgment may have adverse effect on any of the facilities of
Licensor. All costs incurred by the tests, or any corrections
thereafter, shall be borne by Licensee.
No change shall be made by Licensee in the commodity being
conveyed through said structure without Licensor's prior written
approval.
5. The rights herein granted are subject to the rights of
Licensor (or anyone acting with the permission of Licensor) to
construct, reconstruct, maintain and operate fiber optic and other
telecommunications systems (systems) in, upon, along, across and
beneath the premises and rights-of-ways of Licensor including the
premises through which said structure shall be constructed.
Licensee agrees to reimburse Licensor and/or the owner of the
system(s) for all expenses which either may incur which expenses
Page 3 of 6
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to release,
defend and indemnify Licensor from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Licensor, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation or damages for taking
F~rm C.S. 3400 &pprovad as ~- farm b7 Gene:aL Counsel LP.~.Lzn. C~7ofFon ~24 990,'3~ .4 * 5~ ~7 2~, ~992
Revised: Apri~ 24, 1992
Page 4 of 6
said premises or Licensee's interest therein awarded to Licenses
shall be assigned by Licensee to Licensor.
8. Termination: This Agreement may be terminated by either
party hereto by giving ninety (90) days' written notice to that
effect to the other party and Licensee shall there upon remove said
structure and appurtenances and restore the premises of Licensor to
Licensor's reasonable satisfaction failing which Licensor may
arrange to do so at Licensee's reasonable expense.
If Licensee makes default in respect to any covenant or
condition on Licensee's part hereunder and fails to correct such
default within thirty (30) days' after receipt of notice from
Licensor so to do, Licensor may forthwith terminate this Agreement
by notice to Licensee.
9. Environmental Protection: Licensee 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 waste and air,
quality, and furnish satisfactory evidence of such compliance upon
request of Licensor.
Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or arise from the premises covered hereunder
as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licensee shall immediately notify
Licensor and shall, at Licenseo's expense, be obligated to clean
all property affected thereby, whether owned or controlled by
Licensor or any third persons to the reasonable satisfaction of
Licensor (insofar as the property owned or controlled by Licensor
is concerned) and any governmental body having jurisdiction in the
matter. Licensor may, at its option, clean Licensor's premises; if
Licensor elects to do so, Licensee shall pay Licensor the
reasonable cost of such cleanup promptly upon the receipt of a bill
therefor. Licensee agrees to release, indemnify and defend Licensor
from and against all liability, cost and expense (including,
without limitation, any fines, penalties, judgments, litigation
costs and attorney fees) incurred by Licensor as a result of
Licensee'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
Agreement is in effect or thereafter, unless such liability, cost
or expense is proximately caused solely and exclusively by the
Page 5 of 6
active negligence or wilfull misconduct of Licensor, its officers,
agents or employees.
10. Contractors: No work on Licensor's premises shall be
commenced by any contractor for Licensee until such contractor has
entered into Licensor's standard Contractor's Right of Entry
agreement covering such work.
11. Non-assignability: This Agreement is not assignable, in
whole or in part, by ]Licensee without Licensor's prior written
consent.
12. Liens: Licensee shall pay in full all persons who perform
labor on said premises for Licensee, and will not suffer any
mechanics' or materialmen's liens to be enforced against Licensor's
premises for work done or materials furnished at Licensee's
instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's o~n cost and expense and to
pay any judgment which may be entered thereon or thereunder.
Should the Licensee fail, neglect or refuse so to do, Licensor
shall have the right to pay any amount required to release any such
lien or liens, or to defend any action brought thereon, and to pay
any judgment entered therein, and the Licensee shall be liable to
the Licensor for all costs, damages, and reasonable attorney fees,
and any amounts expended in defending any proceedings or in the
payment of any said liens or any judgment obtained therefor.
13. Said structure shall be installed in accordance with
minimum requirements of Form CS 1741, also attached and made a part
hereof.
14. As a part consideration for the permission herein given,
Licensee shall pay to Licensor as rental the sum of One Hundred
Dollars ($100) per annum payable annually in advance. Acceptance
by Licensor of rental in advance shall not be construed as a waiver
by Licensor of its right to terminate as set forth in Section 8
hereof.
The rental shall automatically and without notice to Licensee,
be adjusted, upwards only, on each anniversary of the effective
date of this Agreement, by the CPI Factor as indicated on the
Consumer Price Index, Urban Wage Earners and Clerical Workers,
U. S. City Average, All Items (1982-84 = 100), ("Consumer Price
Index"), published by the United States Department of Labor, Bureau
of Labor Statistics, or any successor or substitute index published
Page 6 of 6
as a replacement for the Index by any United States governmental
agency. The "CPI Factor" is the percentage of adjustment stated in
the Consumer Price Index (indicated in the previous sentence)
established during the last available twelve-month period
immediately preceding each anniversary of the effective date of
this Agreement, adjusted to the nearest one-tenth of one percent.
In addition to or in lieu of the above, Licensor may, at any
time, increase the rental without reference to the CPI Factor by
giving Licensee, thirty (30) days' notice of such adjustment and
its effective date.
The rental, as so increased, shall be effective as of each
anniversary of the effective date of this Agreement if increased by
the CPI Factor, or as of the effective date of any other increase,
notwithstanding Licensor's acceptance of a lesser amount and
notwithstanding any billing by Licensor for a lesser amount.
IN WI~IESS W~REOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
LICENSOR
· ,'
LICENSEE
By SEE ATTACHED SIGNATURE PAGE
(Title)
"LICDISEE" SI;/ITURE PAGE
READ AND APPROVED AS TO LEGAL FORH
AND CONTENT:
Stephen P, Oeitsch
City Attorney
This document is the true and complete
L 2
e"" '
Robe~ Graham
R1 s~ H~nageme~
'L~C~EE'
ZTY OF FONTANA
ATTEST:
,
C,S,
~ dW ~d be delrimeld 19 1~ ,.ilr~ FOR ~N-FLIMABLE ~BSTANCES
ACROSS OR ~ONG RIGHT OF WAY
~ COUHTY~,,,~L,~,~,~ .......
-- ~ c.~5..-.., .Z~:_~:~:.LZ ........
":=;',';',':,,,,;,'.'-'.'.'.'.'.'.'.'.'.'.'*=~**~='--"'*-~ ~
_ . ~,~ ..........Z;Eg;;E':8]_~.
--~-.~_~ ................ ~ ~' -- _
1o. E~nm OF ~ CaSjfi~ Requirements
Table I Table 2
Steel CeslnB
i i/~. 3 i/~ i0. m- 20. zo' 14- me 24- o.~z- 54. o.fi9- SOU~ERN PACIFIC LI~E~
~. ~- ,~- ~* ~. =s* zr ~4- 3o' o.4os' s~' o.~3' PIPE LINES
, 4' 8' 20' 30' 50' $2' 26' 32' 34' 5 ~6' 0.469' 6G' · Se' 0.87~' FOR NON-FL~MABLE ~BSTANCES
6' I0' 24' ~6* ~6' 36' 30' 36' 38' 0.~00' 7o- 0.906. ACROSS ~ ALO~ RIGHT OF WAY
A,s. DA ITE._9_ I &2]
CiTY C(N!fCIL ACTION REPORT
' N~6USF 4. 1992 ~q~ ~t ~
Meeting Oa~e Ageeda P3ace~a~
TO: Mayor and Ctty Counct1
~= Comuntty Develop~nt DepartNnt
~: Approval of Ltcense Agreement wtth Southern Pactftc
Transportation Company and Approval of Ptpellne Inspection
P
Agreement wtth Santa Fe. actftc Pipeline, Inc., for the Cypress
Avenue Sewer ProJect
E~iT%l=
%. TO APPROVE A LICENSE AGREEHE~ NITH SO~E~ PACIFIC T~SPORTAT%ON COMPANY
(SPTCo} FOR THE CROSSING OF THE SPTCo ~%LRO~ T~CKS BY THE CYPRESS AVENUE
SENER, AND TO AUTHORIZE THE BECkION OF THE AGREEHE~ BY THE C%~ H~AGER.
2. TO APPROVE A PIPELINE INSPECTION AGREEHE~ N%TH S~A FE PACIFIC PIPELIMES,
INC. (SFPP) FOR THE CROSSING UNDER THE SFPP PIPELINE BY THE CYPRESS AVBUE
SBER, ~D TO A~ORIZE THE ~EC~ION OF~E AGREEHE; BY THE C%~ IGER.
:~ Fundtrig General
~ ze~ _ No Ill Yes Source= !:1 Fund Budget
I[I (o7 } Se~er Fund Budget
Bond Proceeds Developer Deposits
The Cypress Avenue Se~er Pro3ect ts budgeted for R 92/93 for a total a~unt of
$2,263,162 (Page 4). This a~unt reflects the estimated total cost to
construct the project Including 11cense, inspection and eas~nt fees.
ts tobtatn
also ~r an eas~nt frm SPTCo to secure ~re permanent
rights than those conferr~ tn a License Agre~nt. An easmnt wtll cost
$5,625, per the calculations reflected tn tha Ctty Engtneer's letter to
Southern Pactftc Transportation Cmpany, dated Oune 2, %992 (Page 6).
The Pipellne inspection Agre~nt wtth SFPP wtll requtre the Ctty to pay the
actual cost of ptpellne inspection (by thtrd party}, estimated at $10,000 and
SFPP tnternal costs associated with the wrk.
~IR~ Xe~; I:1 Yes I[I No
A mitigated negattve d~laratton for this project ~as adopt~ by Fontaria Ctty
Counctl on Ouly 7, 1992 (Page 7).
On July 7, 1992, the Ctty Counct1 authorized the Cmntty Develop~nt
Department to soltctt bids for the construction of the Cypress Avenue Sewer
ProJect (Page 9). Btd opentrig ts scheduled for August 13, 1992.
~ t ClT~ CeelClL Ml'lee REielT
' IIIUST4. 199l rmmuaT rqE!gAR
~k~ Reettng Date Agerids Placement
TO: i4~or and Ctty Conact1
FItOIls Commnity hvelolaent Department
SLIB~CT: Approval of License Agreement wtth Southern Pacttic
Transportation Company and Approval of Ptpeltne inspection
Agreement with Santa Fe Pacttic Pipeline, Inc., for the C3fpress
Avenue Sewer ProJect
REXXXNN)ATIOII:
1. TO APPROVE A LICENSE A6REEHEHT WITH SOUTHERN PACIFIC TRANSPORTATION CONPAHY
(SPTCo) FOR THE CROSSING OF THE SPTCO RAILROAD TRACKS BY THE CYPRESS AVENUE
SEMER, AND TO AUTHORIZE THE EXECUTION OF THE AGREEVENT BY THE CZTY NANAGER.
2. TO APPROVE A PIPELINE INSPECTZON ADREEVBff WITH SNfrA FE PACIFIC PIPELINES,
INC. (SFPP) FOR THE CROSSING UNDER THE SPPP PIPELINE BY THE CYPRESS AVENUE
SEVER, AND TO AUTHORIZE THE EXECUTiON OF THE AGREEVENT BY THE CiTY NN4A6ER?
s~l__l ' Fumitng ~
elmSET zlmMr No fill Yes Sources I:l 6ears1
Fund Budget ;
I~-I (071T Sewer Fund Budget
I--'1 Bond Proceeds IZI DaveToper Deposits
The C~press Avenue Sever Project Is budgeted for FY g$/gS for a totaT amount of
$2,263,162 (Page 4). This amount reflects the estimated total cost to
construct the pro;loci including license, inspectloft an~ essemen~ fees.
The Ltcense A roeBent v~th $PTCo v111 cost $406 (Page 5). At thts ttEe~ staff
ts also working to oi~tn an euemen~ from $PTC~ to secure mare permnant
rtghts than those conferred tn a LIcense M ease vt11 cost
AgreeBefit,
$5,626, per the caTcalllions reflected tn the Ctty Engtneer's tier to
9 la
Southern Psctftc Transportation ConlmUr, date. ~ 0, I 9l (Page 6).
The P1peltne Inspection AS ofFant vith SFPP vt11 requtre the Ctty to I~Y the
aotuel cost of ptpellne Inspection (by thtrd party). estimated at $10,000 and
SFPP tnternal mrs useGlared vl~h the york.
E!mli0mlxrJiL aI~Ts i:1 Yes IX'l De
A mttt ted nqstlve decTaratIan for this In~lect m edoptd by Fmltanl CItY
CounctFa~n aulX 7, Till (Page 7).
0n duly 7, 1992, the CIty Council: authorize .the Cemuntty Developmant
Departset to sol tct t bids for the construction of the C Avem Sever
ProJect (Page 9). Btd olintrig ts schoduled for Augat 15, 193 9~Ls
The Southern Pactftc Transportation Company requtres that the Ctty of Fontana
.;xecute a ltcense agreement (Page 10) prior to permitting the City to construct
this etghteen foot deep sewer facility under thetr trackage tn the general
alignment of C~press Avenue. This agreement was discussed by the Ctty Counctl
in closed session on 0uly 7, 1992 and the agreement reflects the direction
given by the Ctt~ Council at that ttme.
A Ptpellne Znspectton Agreement with Santa Fe Pacific Pipelines, Znc. (Page 20)
ts also requtred to be executed by the Ctty. The proposed sewer meln
undercrosses two existtrig fuel 'tines of that agency near the railroad trackage.
SFPP has signed a Service Contract for thtrd party Inspection with Edeco
Engineering, which names the Ctty of Fontaria as an additional insured (Page
23).
NIALYSZSNi) 3JSTIFICATZ01h
The construction of thts project requtres a crossing of the Southern Pacific
ltnes and the I-Z0 Freeway to provtde teltel 1tne capacity and to serve Kaiser
Hospttal~ The source of funds for this project is the seer captie1 fund
(07]).
The actual risk of any problems occurring wtthtn the boring or tunnelling of
the se~er line eighteen feet under the surface of the trackage.or-pipeltnes ts
remote. The Ctty's contractor will carr~ insurance durtn the construction
period per the Ctty standards, thereb~ reducing the ~Tty's exposure to
liability. Once the project is complete, under the operation mode of gravtt~
flow sewerage flo,tng eighteen feet under the tracks in a thick stel castrig
ts very unlikely, in staff's optnton, that the City w~11 have any stgntftcant~
risk. Staff recommends that City Council approve the agreements as presented.
ATrN31EIIT$:
Page 3 Location and Vicinity
Page 4 Cypress Avenue Se~e~ Budget
Page 5 Letter from Southern Pacific Transportation Company t~ City Attorne~
dated 0une l, 199~
Page 6 Letter fro~ City Engineer to Southern Pacific Transportation Company
dated 0une Zo ~99Z
Page 7 Htttgated Negattve Declaration
Page 9 Htnute Excerpt of 0uly 1, 1ggZ Council eeettnf
Page ]0 License Agreement ~tth Southern Pacific TransportatiOn
Page 20 Ptpeltne Znspoetion Agreement w~th Santa Fe Pacific Hpeltne
Page 23 Servtce Contract batsman Edeco Engineering and Santa Fe Pacific
Ptpeltne
SU HITT' ~:/ REVZEIIB BYt
Steve Det ts Acttn~/C~ullanager 1
City Attorney
GH:wp
.,,,
.. ..........
,, .........~ ....................~,,~;;/~
~ OF FO~ANA CYPRESS AVE, SEWER
~ , · , ' "' "' VICINITY
4 outhern PacifM
Tranep rtation C mpany
Southern Pacific Building, One MarKet Plaza, San Francis, CalifOrnia 94105
924 990/314.4 * 54
June 1, 1992
Mr. Steven DeBaun
Attorney at Law
Best, Best & Krieger
P. O. Box 1028
Riverside~ Californie 92502
Dear Mr. DeBaun:
Attached are duplicate counterparts of proposed license
agreement with City of Fontana covering a 27-inch sanitary sewer
line within a 54-inch steel casing at M.P. B-531.93, Bloomington,
California.
We are in the process of preparing an easement to cover the'
above.
~ Please arrange for execution on behalf of City of Fontana and
forward the counterpart marked "SPTCo." along with check in the
amount of $405 to cover processing fee to Mr. J. W. Ivanusich,
Southern Pacific Transportation Company, 1200 Corporate Center
Drive, Monterey Park, California 91754.
Yours very truly,
L ....iO
V;.~./~',I.ER
Attachments
City of Fontana
CALIFORNIA
aune 2, 1992
Nr. C. Scott Behm
Assistant Sales Nanager
Southern Pactftc Transportation Company
1200 Corporate Center Drive, Suite 100
Honterey Park, CA 91754-7605
SubJect: Cypress Avenue Sewer
RE: Sewer Easement (SRN 3242)
Dear Hr. Behm:
Staff has reviewed your Hay 28, 1992 correspondence for the City to acqutre
the easement rights for the sewer crossing of your ftrm's property.
Thts ts to request that you proceed with the preparation of the easement
documents pursuant to the terms noted. The payment of the $5,625.00 for
the right-of-way would be at $3,75 per square foot for the fifteen foot
wtde by 100 foot long right-of-way.
By resolutlon of the Ctty Council, the undersigned ts authorized to accept
easements for the Ctty. Once the documents are received, a request for
payment wtll be made from the Cypress Avenue Sewer ProJect account and
forwarded to the ~estgnated person tn your firm.
Staff wtshes to thank you for your prompt response to the office of the
Ctty Attorney tn thetr desire to secure more permanent rtghts than are
conferred tn a ]tcense agreement.
Should you have any questions, please contact Hr. Feltpe Holtnos, Pr~nclpa]
Ctvtl Engineer, at 714-350-6641.
Very truly yours,
COHHUNITY DEVELOPHENT DEPARTHENT
Engineering Dtvtston
Robert W. Weddle, P.E.
Ctty Engtneer
RW:sh
cc: Cowemntty Development Dtrector
Principal Ctvtl Engineer/Capital Improvements
Ctty Attorney
8353 SIERRA AVENUE (P.O. BOX S1S} · FONTANA CALIFORNIA 92334~51E · (114) 35~7600
SISTER CITY -- KAMLOOP~ SC. CANAOA
U(
q"m~NITIC~qTED IIF.6ATIVE DECI.~.ATIOIIV
%. Cypress Avenue sewer system. Jurupe Avenue to San Bernardtoo Avenue.
Installation of %0,560 11near feet of 24", 27" and 30" dtameter sewer clay
ptpe and 4" and 6" dtameter laterals. Installation of pre-cast concrete
manholes removal and reconstructton of street Improvements.
2. Location= Cvoress Avenue. between Juruoa and San Bernardtoo Avenue. tn the
Cttv of Fontana.
3. Ent4ty or person undertaking project:
A. Ctty of Fontaria - Engineering Otvtslon
B. Other (Private)
Address:
The Ctty Counct1, havtng revtewed the Environmental Informatton Form for
thts proposed project and haytog revtewed the w~ttten co~emnts recetved prior
to the publlc meettog of the Ctty Counctl, Including the recoffaendatton of the
Ctty"s Staff, does hereby find and declare that the proposed project wtll not
have a significant effect on the environment. A brtef statement of the reasons
supporting the City Counct1 's ftndtngs are as follows:
See Attached Sheet
A copy of the Intttal Study may be obtatned at:
The Ctty of Fontana, Engineering 0tvtston
8353 Sierra Avenue
Fontaria, CA 92335
Phone: (714) 350-6641
Fellpe Nollnos
Principal Ctv~l Eng~neer/Cap~tal Improvements
Date ftled wtth Clerk of the 8oard
CITY-COB.FE FORM "E"
O8
O aratlon
Htttgated Negative ecl
· Page Two
1. No comments were received nor is there any evidence that an EIR should
V be prepared.
2. Both prteary and secondary consequences were evaluated and it was
deter;lned that the project helps tn protecting the environmental and
surrounding areas.
3. The physical changes involved will protect the soctal and economic
structure of the City.
4. There is no serious public controversy over the environmental effects
of the project.
5. The project shall be designed, constructed and inspected to meet City
· standards. The Standard Specifications for Public Works Construction,
also known as the 'Breen Book" will control the general provisions,
construction metertals and construction methods for this project. See
Environmental Checklist for a description of mitigation measures
(attached).
Cicty of Fontana
LIFORNIA
,luly 20, 1992
EXCERPT OF THE UNOFFZCIAL AND NOT YET APPROVED MINUTES OF THE JULY 7, 1992
REGULAR FONTANA CITY COUNCIL MEET/NG:
"Morton made by Council Member Eshleman seconded by Counctl Member Abernathy,
(1) Adopting a Mitigated Negative Declaration and Callfornta Fish and Game
De Mtntmus Impact Finding and Otrecttng staff to flle the Notice of
Determination and Certificate of Fee Exemption for the construction of
the Cypress Avenue sewer system between Jurupa Avenue and San
Bernardtno Avenue.
(2) Authorizing the Community Development Department to advertise for bids
for the construction of the Cypress Avenue sewer system between &rupa
Avenue and San Bernardlno Avenue.
AYES: Mayor Boyles, Counctl Members Abernathy, Eshleman, Murray
NOES: None
ABSENT: None"
Deputy City Clerk
LSN:t11
8353 SIERRA AVENUE (P.O, BOX 518) · FONTANA, CALl FORNIA 92334-0518 · (714) 35O'7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
· Ravtm,d~ Ap=~ 24, Z992 ~ ~
Page 1 of 6
RELMIS: B-531.93-X(N)
UNDERGROUND PIPELINE
(SEWER - WATER - STORM DRAIN - ETC.)
THIS AGREEMENT, made this__day of , 1992, by
and between SOuTMaMRNPACIFICTRANSPORTATION COMPANY, a corporation,
(Licensor), and CITY OF FONTANA, a public body, address: 8353
Sierra Avenue, Fontana, California 92335, (Licensee);
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the
right to construct, reconstruct, maintain and operate, subject to
the terms of this Agreement, a 27-inch sanitary sewer pipeline
within a 54-inch casing (herein called "structure"), at or near
Bloomington, County of San Bernardino, State of California, in the
location shown on the attached print of Drawing B-531.93-X, sheet
1 of 1, dated January 24, 1992.
This grant is subject and subordinate to the prior and
continuing right of Licensor, its successors and assigns, to use
all of its property in the conduct of its business, Licensor
reserving full rights, consistent with the rights herein granted,
to construct, reconstruct, maintain and operate existing and
additional transportation, communication, pipeline and power
facilities upon, over and beneath its premises.
2. Identifying Markers: Markers in form and size
satisfactory to Licensor shall be installed and constantly
maintained by Licensee at Licensor's property lines or such
locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty by Licensor that there are
no subsurface installations.
3. Costs: Upon execution hereof, Licensee shall pay Licensor
Four Hundred Five Dollars ($405) partially to defray cost of
handling.
Page 2 of 6
Licensee shall bear the entire cost of constructing,
reconstructing, maintaining and operating said structure on
Licensor's premises. Licensee shall reimburse Licensor for all
cost and expense to Licensor in furnishing any materials or
performing any labor in connection with such work, including, but
not limited to, installation of falsework and other protection
beneath or along Licensor's tracks, and furnishing such watchmen,
flagmen and inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be
constructed, reconstructed and maintained in accordance with plans
approved by Licensor within a reasonable period of time. Approval
by Licensor shall not constitute a warranty byLicensor that such
plans conform with federal, state and/or local codes and
regulations applicable thereto. All work upon or in connection
with said structure shall be done to Licensor's satisfaction at
such times and in such manner as not to interfere with Licensor's
operations. In the construction, reconstruction and maintenance of
said structure, Licensee shall keep Licensor's premises in a neat
and safe condition, failing which Licensor may do so at Licensee's
expense. If required by Licensor in its use of Licensor's
premises, Licensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Licensor
five (5) days' written notice of the day and hour it proposes to do
any work on said structure.
Licensee shall cooperate with Llcensor in making any rea-
sonable tests it requires of any installation or condition which in
its Judgment may have adverse effect on any of the facilities of
Licensor. All costs incurred by the tests, or any corrections
thereafter, shall be borne by Licensee.
No change shall be made by Licensee in the commodity being
conveyed through said structure without Licensor's prior written
approval.
5. The rights herein granted are subject to the rights of
Licensor (or anyone acting with the permission of Licensor) to
construct, reconstruct, maintain and operate fiber optic and other
telecommunications systems (systems) in, upon, along, across and
beneath the premises and rights-of-ways of Licensor including the
premises through which said structure shall be constructed.
Licensee agrees to reimburse Licensor and/or the owner of the
system(s) for all expenses which either may incur which expenses
12
Page 3 of 6
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
~icensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
talecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to release,
defend and indemnify Licensor from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Licensor, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnationz In the event all or any portion of
Licensor'S premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation or damages for taking
Page 4 of 6
said premises or Licensee's interest therein awarded to Licensee
shall be assigned by Licensee to Licensor.
8. Termination: This Agreement may be terminated by either
party hereto by giving ninety (90) days' written notice to that
effect to the other party and Licensee shall there upon remove said
structure and appurtenances and restore the premises of Licensor to
Lic~nsor's reasonable satisfaction failing which Licensor may
arrange to do so at Licensee's reasonable expense.
If Licenses makes default in respect to any covenant or
condition on Licensee's part hereunder and fails to correct such
default within thirty (30) days' after receipt of notice from
Licensor so to do, Licensor may forthwith terminate this Agreement
by notice to Licenses.
9. Environmental Protection: Licenses 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 waste and air
quality, and furnish satisfactory evidence of such compliance upon
request of Licensor.
Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or arise from the premises covered hereunder
as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licenses shall i~ediately notify
Licensor and shall, at Licensee's expense, be obligated to clean
all property affected thereby, whether owned or controlled by
Licensor or any third persons to the reasonable satisfaction of
Licensor (insolaf as the property owned or controlled by Licensor
is concerned) and any governmental body having Jurisdiction in the
matter. Licensormay, at its option, clean Licensor's premises; if
Licensor elects to do so, Licenses shall pay Licensor the
reasonable cost of such cleanup promptly upon the receipt of a bill
therefor. Licenses agrees to release, indemnify and defend Licensor
from and against all liability, cost and expense (including,
without limitation, any fines, penalties, Judgments, litigation
costs and attorney fees) incurred by Licensor as a result of
Licensee'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
Agreement is in effect or thereafter, unless such liability, cost
~./. or expense is proximately caused solely and exclusively by the
Page 5 of 6
active negligence or wilfull misconduct of Licensor, its officers,
agents or employees.
/ 10. Contractors= NO work on Licensor's premises shall be1
commenced by any contractor for Licensee until such contractor has
entered into Licensor's standard Contractor's Right of Entry
~reement covering such work.
11. Non-assignability= This Agreement is not assignable, in
whole or in part, by Licensee without Licensor's prior written
consent.
12. Liens= Licensee shall pay in full all persons who perform
labor on said premises for Licenses, and will not suffer any
mechanics' or materialmen's liens to be enforced against Licensor~s
premises for work done or materials furnished at Licensee's
instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's own cost and expense and to
pay any Judgment which may be entered thereon or thereunder.
Should the Licensee fail, neglect or refuse so to do, Licensor
shall have the right to pay any amount required to release any such
lien or liens, or to defend any action brought thereon, and to pay
any Judgment entered therein, and the Licenses shall be liable to
the Licensor for all costs, damages, and reasonable attorney fees,
and any amounts expanded in defending any proceedings or in the
payment of any said liens or any Judgment obtained therefor.
13. Said structure shall be installed in accordance with
minimum requirements of Form CS 1741, also attached and made a part
hereof.
14. As a part consideration for the permission herein given,
Licenses shall pay to Licensor as rental the sum of One Hundred
Dollars ($100) per annum payable annually in advance. Acceptance
by Licensor of rental in advance shall not be construed as a waiver
by Licensor of its right to terminate as set forth in SectiOn 8
hereof.
The rental shall automatically and without notice to Licensee,
be adjusted, upwards only, on each anniversary of the effective
date of this Agreement, by the CPI Factor as indicated on the
Consumer Price Index, Urban Wage Earners and Clerical Workers,
U. S. City Average, All Items (1982-84 - 100), ("Consumer Price
Index"), published by the United States Department of Labor, Bureau
of Labor Statistics, or any successor or substitute index published
Page 6 Of 6
as a replacement for the Index by any United States governmental
agency. The "CPI Factor" is the percentage of adjustment stated in
the Consumer Price Index (indicated in the previous sentence)
established during the last available twelve-month period
immediately preceding each anniversary of the effective date of
this Agreement, adjusted to the nearest one-tenth of one percent.
In addition to or in lieu of the above, Licensor may, at any
time, increase the rental without reference to the CPI Factor by
giving Licenses, thirty (30) days' notice of such adjustment and
its effective date.
The rental, as so increased, shall be effective as of each
anniversary of the effective date of this Agreement if increased by
the CPI Factor, or as of the effective date of any other increase,
notwithstanding Licensor's acceptance of a lesser amount a~d
notwithstanding any billing by Licensor for a lesser amount.
IN WITNESS W~u~8OF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
LICENSOR
LICENSEE
By SEE ATTACHED SIGNATURE PAGE
(Title)
"LICENSEE' 51GI4A'I'IJR~ PAGE
READ AND APPROVED AS TO LEGAL FORH
AND CONTENT:
Stephen P. Dettsch
City Attorney
This document ts the true and complete
document approved by City Council on
, 1992.
Ltnda S. Nunn
DepTty Ctty C,:,~o~ntD
~~1t :1 1rector
Comp ~ceOfftcer
Robert Graham
Rtsk Hanagement
CITY OF FONTANA
A Huntctpa] Corporation
BY: aay M, Corey
Ctty Manager
ATTEST:
Kathy Montoya
City Clerk
E"' .,~j~w ~... ~,~ ,~., PIPE LINES
: ~ ~:d t.: .,.~' FOR ~N-FL~MABLE ~BST~CES
ACROB ~ ~ RI~T OF WAY
7. BEJ~TH O~ iNSTAM. A'IION C.S.
Refer te FiFe I f~ ~inimum cover depIhs for pipdie, crossings_
MAINLINE
Class leelisa e/piefile ili411 vatel Ilil4 fill lid ell~l~,eal feehires ~ '~'/" ~T~ F'I~'E
m, EECu~n. O~ ms Casin8 Requirements
Table I Table 2
Steel GasinS
Table for Determining Minimum Size of Casing (co.lee wilk Peeleclivo
: ~/2- 3 ~/z- ~0. m- 20- zo- eq- :e' 24. o.ss2. 54' 0.Tss- SOUTHERN PACIFIC LINES
~. ~- ,6- .- zG' .- ~0- .- so. 0..06- 6r o.m.- PIPE LINES
: .- e- ~0- }0' 30- sz' H' s2' n. a 36. o.~sr as. s as- 0. e75' FOR NON-FLAMMABLE SUBSTANCES
6' I0' 24° 3e" 36- 56' 3(Y 36' 39' o,5oo' TO* 0,906- ACROSS 041 ALONG RIGHT OF WAY
PIPELINE IN2PECTION X~ItEEMENT
1992 THIS AGREF/~ENT is made and entered into this day of
~9~, by and. between CITY OF FONTANA. hereinafter referred to as "CITY" and SFPP'.
L.P. , a limited partnership, successor in title and interest in and to all of the
rights, assets and ohligations formerly held by Southern Pacific Pipe Lines, Inc.
in its own name, hereinafter referred to as "SFPP',
~?HEREAS, CITY is proposing construction of the Cypress Avenue Sewer Project
in the area described on the map attached hereto as Exhibit "A" (the "Project
Area"); and,
~]~EREAS, SFPP owns. operates and maintains one 2~-inch and one 16-inch
petroleum products pipelines and appurtenances within said Project Area; and,
~J~EREAS, SFPP has prior rights within the Southern Pacific Transportation
Company right of way by virtue of indenture dated August 14, 1957,
NO~J, THEREFORE, CITY and SFPP do hereby agree as follows:
1. SFPP shall provide an Inspector during construction activities near
the pipeline easement in the Project Area so as to avoid damage 'to
SFPP's pipeline.
2. CITY shell pay SFPP the actual cost of pipeline inspection,
estimated at $10,000 and in an amount not to exceed $12,000,
::
~ including SFPP inspection personnel, engineering review, company
labor additives and 20 percent for associated administrative
overhead.
3. CITY shell pay the estimated cost upon CITY's advance notice to
SFPP's District Manager of work near the pipelines. ~nen the final
accounting of the actual cost is completed, an itemized statement
will be submitted to CITY for review ~o reconcile any difference
between actual and estimated cost. At that time SFPP shall invoice
CITY for actual cost in excess of estimate prepaid. or refund
payment to CITY of prepayment in excess of actual cost incurred.
SFFP shall maintain records of the actual costs incurred and charged
or allocated to the work for a period of 3 years in accordance with
recognized accounting principles.
CITY shell indemnify. defend. and save SFPF harmless from and
against any and all liability, claims, demands, damages or costs
whatsoever for injury to persons (including death). or damage to or
loss of property (including property of the parties hereto) arising
in any way out of the construction of the Cypress Avenue sewer.
5. The parties hereto agree that if any action at law or in equity is
necessary to enforce or interpret the terms of this Agreement, the
prevailing party, at the court's discretion, shall be entitled to
: reasonable Attorney's fees, costs and necessary disbursements in
~-/' ' such amount as the court deems appropriate in addition to any other
relief to which it may be entitled.
Page Two
This Agreement shall commence on the date first above mentioned.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed
as of the day first hereinabove written.
READ AND APPROVED ~ TO LEGAL FORH AND CONTENT:
p~'/~ This doc~unent is the true and
or complete document approved
Stephen P. Deitsch by City ~ ~uncil on
City Attorney o~~uni~ . 199~. ~ ~ ~-~-.~
Linda S. Nu~ 1 ~er ;~ ~
Depu=~ CIE~ Clerk )evelopme~ ~ ~ ~ ~
enni Vau~h~'
~-~} RoberC Graham
Officer Risk ~ana~emen=
CITY O~ FO~
A Municipal Coloration
ATTEST:
Jay M. Coray Kathy Montoya
City Manager City Clerk
SFPP, L.P.,
by Santa Fe Pacific Pipelines Inc., its sole Genera~ Partner
BY:
J.H. EnSelhardc
Vice President - EnSineerinS
ATTEST: MA~ O 9 |09;
P.A. Hewes, Secretary .s, PPROVED BY
LAW DEPT.
1PlAO69/nrl
4~ ~94" v.(~p ~TH 0· VALLEY
12'7w V.C,.I' S~Td ~ V~EY ~.
,,
f.
~,.z~, ,,,~ ,,,,,,,,,,,~ ,~)~
~iCINITY
1. CONTRACTOR mereera ~ specffimdty pe~otm. let me ~ra~ stated N~w
alanear city o~ Fen:aria C~N 5~te~ California
the wo~ ~
p:,i~iu~ pipeli~e lnapecciou ae~ieaa ~or cha city o~ F~caua'e ,vet
~um{~, wire no emra ~, e ~. m ~em~ ~ ~t~ m t~l~. unleM
~ete Mine to me ~e me~s~ ~ PIPELINES ~ N __ ~ ~ ,19 __.
4, OONT~CTOR e ~t M enUM m e ~ere~ e ~ ~ d ~e~ e ~t ~y ~e
oy reach ~ PtP~INE~' hlnNr~ ~ NM~ C~CTOR M ~e ~m N N~ ~ ~ My ~n ~er~f.
5. PIPEUN E8 wi~ f~ C~CTOR ~ ~lw~ ~ ex~ aa Ny M ~mW to i~u~ate
6. C~RAC~OR I~m, ~ u~ ~g a rr~ PIP~NE8 ~ ~ a; ~d~ ~ N w~
7.
PtP~UNE8 r~mg low ~OR w~M ~ ~ ~ ~ ~ ~ ~ ~ ~'
a~t~ MI ~n u~ ~ of I~ ~ m ~ u ~t
Tfmule~flJ~ilt,m, mshNIblc~sfinedtoM,',~f~eaeerl~ateceltefwNcn, k'~fu~gd~,
SGICt~ICI COvIKIG Dy ff'lll/~l ot u'.8~ Ml3irltl l~l'lllfl'llfY~ Of
%./'-
· t ~ JOb NO.
THIS AGI~EMENT, rne~ethle 17 d~yN' t ..... l~,~N~eenSFPP, LP..
~ (l~eth~ referrN to ~teln. 'PIP~INE$'I, ~ ~eeo
Tulsa, Oklahoma ~4103 COMPANIE~ AFFORDING COVERAGE
~ HAR~OED INSUR~N~ COMPANY
4500 so~ GAR~, ~OO ' ~C
~, OK~ARQHA ~4146
~c~e~ aee~ u~' ~o~m ~" T7 O'O O, 0 O C
~,,~ 360~mNT.~442 ~1/~3/gl '11/~3/92 ~ ~,000,0O~
k ~~ 38N~IQ28S1 '11/13/gi :11/13/g2 ~t
' ~ ~ &s~'L,~;~;~'; ;'~ 0, o oc
CTTY or rO~N~ [S ~DDI~nN~ ~NS~ln,
EXPIR/~EN BATE THIR!O(I. TH! I~UIM~ COMPANY W'LL ENDEAVOR
~N~Z~ Jt~ ~XC~E~Z(q ~'~L3ET"~NC ~ MNL DAYIW~N~ECERTqICAmI~ER~GOTC'
C~;.~':' .":h.' ' ..: -:~':.~:~;=" · "' ' ~,co~
r f ! d
fuf~e~r~st~ndhofdh~N~ndde~end~1~L=1JN~r~m~nd~k~1~anyeX:~N~ree~gi~4y`diNgM
~oot or sxpef,.le end any{:Ik, R ~ef~d', fofoten e.~4~jnt of damaQe or lnJury to p~llxlinj~fyof~sth of
per~ (rnofud~ng but not smite to eucn dan~ge of injury to ptolxfty of the parttee end b'le~r pef~nnd and injury
of deatrl of lucfi parental) Ix)we~evir occurrlf~. eaued by ~ NqiM~ -uS of the aotl, IcthNe~ of {xlnlMIons of
CONTRACTOR Q: 14 pef~nof In conne~tl~ with the performlnc~ of this Contract, except to N stem ceuee~ o~
att~'~utable to We ~e n~l;lenoe of PIP~iJNE~ or its per~m~l.
10. 11~eC~NTRACT~Rw~rr~tath~NTRkC1`~Rh~r~tefT~;k3*/edN~y~{X~rof~J=~QyeeotP~P~P~.JNE
or any member of their flintlies to kQIICfr or leC~fS tN$ ;Olll~lct Ufldef N~ $gllefNmt I(X' l cemm;~;~, percentage,
bml~eraQe, or compensaUen of any nature. kea~ of this WirrW~ty ehd ~ PtP!$1JNre the it~ht to ~ 1his
~ct and/or recover from the CCNI'RACI'OA the areaunt of c~mml~, pereenta~e. brokerage. of amof
c~npenNitiQn wltllout waiver of any legN rl~ whk~ PfPEIJNE8 rely M,m undor N~x1~dble eatute~
it. Th/saQrHmenf~;netbease~g~qed, eubletofvaneterredlnwhofe etlnlX~bYCQNTRACTOR, exCept
18. 1.N~a~reement~hN~uretOthebe~e~k:~bebitXkQupe~th~he~r~eXe~t~r~dmd~ators~
1 :$. CONTAACT~R ~hell eoml~ wN~ NI I,~ laws end regofa6e',e eexxmlng d~j~ mung, hanclfin~
of hazlrd~jt materials, -,rely. licenses v,d Nher r~u~remefm to leOely c~plee the ve~ ~CTOR',,
attenUoQ le ofreQted to 4~ CIq:l Pal 199 tot ~ temln~ which a~ows af~e~l to CONIlqAC'rOR'S properly and
rec~e t}y the $pp'Qprtate gQvefment agency and PIPELINEJ of itl agento for th~ pur13~e of mQnRoftng
coreDstones with PNI 199| ed C~,HA, 2~ U~C 66~. N; leq., Ind Ifi pNlk)UIN' ~eQf~xI I gl 0.1;0~. PIPEI.INEB hl's
avNlable for Ina~e~lon utxm ix1)per reque~l,
14. lelP~I.INE8 expteltly reserves the ~ to ~ N reoorde of C~NI'RAC'I'QR QQ4~Qornitt~ ~ Qof~'tCt durln
e4~'mal budnan hou~ see' Qlvtng CONTRACTOR fee,~neble mosses,
wllfieeeedby eemptoWe Q4PIPELIN~,llpfN:~lcebl, lfn~.byedek~lr~tedpNty.
· e ! RECEIVED
FEBI419~
Southern Pacific Lines
(:tIT," I- IQFFICE
Southern Pacific B alldinE; · One Market Plaza · San Francisco, Callfornla 9 1 n~
Dlr¢cmbCom~acm and ,Toint Facilities
924 990/314.4 * 54
February 9, 1994
Mr. Felipe Molinos, P. E.
Principal Civil Engineer/Capital Improvements
City of Fontana
8353 Sierra Avenue
P. O. Box 518
Fontana, California 92334-0518
Dear Mr. Molinos:
Attached are original counterparts of easement between
Southern Pacific Transportation Company and City of Fontana for a
27-inch sanitary sewer pipeline at or near M. P. B-531.93,
Bloomington, California.
The last three pages which were found to be illegible by City
recorderr 'Form C.E. 41708 and C. S. 1741, sheets 1 & 2rhave been
revised. Also, a proper notary form has been attached.
Yours very truly,
Attachment
Fo~ C-1 Ap~voved s~ to fo~ by Conera1 Counsel LPR/lzn. CtyFonCs 924 990/314.4 * 5!} ~rc~. 24, '1993
iev. 04/23/92 ' ·
l
,
~ ....
by and between SOUTHERN PACIFICTRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad," and CITY OF FONTANA, a
public body, address: 8353 Sierra Avenue, Fontana, Ca]~[ornia
92335, herein termed "Grantee"; DEED
WITNESSETH: AUDIT N®.~,,~
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain and operate a 27-inch sanitary
sewer pipeline within a 54-inch casing, hereinafter referred to as
"structure," in, upon, along, across and beneath property and
tracks of Railroad, at or near Bloomington, in the County of San
Bernardino, State of California, crossing the centerline of said
tracks at Engineer's Station 3733+68, Milepost 531.93, in the
~ocation shown on the print of Railroad's Drawing B-531.93-X, Sheet
No. 1, dated January 24, 1992, attached and made a part hereof, and
0n Exhibit "A", attached and made a pa~t he~e0f.
Said structure shall be installed i~ accordance with minimum
requirements of Form C. S. 1741, also attached and made a part
hereof.
Upon execution hereof, Grantee shall pay Railroad the sum of
Five Hundred Sixty Dollars ($560) partially to defray cost of
handling.
In addition, as monetary consideration for the rights herein
granted, Grantee shall pay to Railroad the sum of Five Thousand Six
Hundred TWenty-five Dollars ($5,6~5), .
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, recon-
For~ C-1 A~roved is to form by General Counsel LPR/lzn. C~yFonta 924 990/314~4 ~ ~4 . Ma~ch 24, 1993
Rev. 04/23/92
Page 2 of 5
struct, maintain and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, 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.
6o 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, at least five (5) days prior to performing any
digging activities on the premises of Railroad, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Grantee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Railroad in the location where Grantee will perform
such digging activities. If there is a telecommunications system,
Grantee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Railroad.
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
Form C-1 A'p~roved ~'e to form by General Counsel LPR/lzn. CtyFenta 924 990/314~4 ~ ~4 . Mar~ch 24, 1993
Rev. 04/23/92 ' ·
Page 3 of 5
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 reasonable
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 reasonable 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 or willful misconduct of
Railroad, its officers, agents or employees.
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
Form C-1 Approved a's to form by General Counsel LPRllzn. Cty~onta 924 990/314'.4 ~ ~5~ ' Mar~h 24, 1993
Rev. 04/23/92
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 performthe 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. To the extent allowed by law, Grantee agrees to release,
defend and indemnify Railroad from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Railroad, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or 'termination of this
Agreement in any manner whatsoever.
The word "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 hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said
C)WLEDG, M~NT
State of California } CAPACITY CLAIMED BY SIGNER
County of San Bernardino [] iNDIVIDUAL(S)
" [] CORPORATE
On August 30, 1993 before me, Wilma Ptnsak OFFICER(S)
DATE NAME, TITLE OF OFFICER - E.G., "jANE DOE, NOTARY PUSLIC" TITLE(S)
[] PARTNER(S)
personally appeared Robert W, Weddle, P .E. [] ATTORNEY-IN-FACT
NAME(S) OF SIGNER(S) [] TRUSTEE(S)
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac- [] GUARDIAN/CONSERVATOR
knowledged to me that he/she/they executed [] OTHER:
the same in his/her/their authorized
capacity(ies), and that by his/her/their
"" """"' .... ~ .... signature(s) on the instrument the person(s),
. WILMA PINSAK ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING:
acted, executBd the instrumBnt..AME Or PERSON(S)OR ENTI (,ES)
........ ~ ,,~ :,:,, City of Fontana
THIS CERTIFICATE Title or Type of Document Sanitary Sewer P1Deline Easement
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. S~S3
State of ~ } CAPACITY CLAIMED BY SIGNER
County ~ ~x,~v~,,"~,,~ Though statute does not require the Notary ,o
On ~"/~;' f'-~ before me, ~ ,_/~/L,-s-,~ .4./,r/~/~y t~2~Z/,c inva,uEb,etop,rsonsre,yingE, th, documenE
personally appeared z/t/~ .~w/~-4.t [] CORPORATE OFFIOER(8)
NAME(~) OF 81~NEn(8) %~),,,ee c,
[~personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED
to be the person(s) whose name(s) is/are [] GENERAL
subscribed to the within instrument and ac- [] ATTORNEY-IN-FACT
knowledged tO me that he/she/they executed [] TRUSTEE(S)
I.... ~ ....... the same in his/her/their authorized DGUARDiAN/CONSERVATOR
T~I~I~0~ t capacity(ies), and that by his/her/their DOTHER:
:',,, IIOTRRYRJBMC,CALIFORNI~ ( signature(s) on the instrument the person(s),
~c~l.~.~t994t or the entity upon behalf of which the
~' .......... person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS my hand and official seal. NAME OF PERSON(S)OR ENTITYOES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE A'FFAOHED TO TITLE OR TYPE OF DOOUMENT ~ ~ ~ ~
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
it could preve.t fraudulent reattachment o~ this form. SIGNER(S) OTHER THAN NAMED ABOVE
DESCRIPTION CORRECT
~'0'li 'V 0~r
L C.
]orm C-1 ~pp=oved'Es to form by General Counsel LPR/lzn.dtyFonta 924 990/314..4 *.'54 ~uh 24~ 1993
Rev. 04123/92 ~
Page 5 of 5
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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title and
interest in said license.
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
Fo~m App~veds
5~ General Attorney ( Title ) Director "~
Contrads and Joint F~IIM~
Attest: ~~
A a
CITY OF FONTANA
By ~~
(Title) Robert W. Weddle, P.E., City Engineer
CERTIFICATION BY CITY ENGINEER: By
(Title)
'This is to certify'that the interest in real property conveyed by the Deed or Grant dated
March 26, 1993 from Southern Pacific Transportation Company to the City of Font~na, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolution of 'the City Council'adopted July 16~ 199I; and the grantee consents to
.the recordation thereof by its duly authorized officer.
BY:
Robert W. Weddle, P.E., City Engineer
City of Fontand
Date:
EXHIBIT "A" ,'
EASEMENT FOR SEWER PURPOSES
THAT PORTION OF THE LAND IN THE COUNTY OF SAN BERNARDINO, WITHIN THE SPHERE OF
INFLUENCE OF THE CITY OF FONTANA, STATE OF CALIFORNIA AS CONVEYED TO THE SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF
SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS AVENUE AND SLOVER AVENUE,
SAID POINT CONSISTING OF 1" I.P. COUNTY SURVEYOR'S MONUMENT (C.S.M.) AS REFERENCED ON
PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95 OF THE RECORDS OF SAID COUNTY;
THENCE NORTH 00°00'58'' EAST ALONG SAID CENTERLINE OF CYPRESS AVENUE A DISTANCE OF
1203.30 FEET TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LAND
CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES
446-449 OF THE RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, NORTH 88°34'58'' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2.50
FEET; THENCE NORTH 00°00'58'' EAST A DISTANCE OF 100.03 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF SAID COUNTY;
THENCE, SOUTH 88°34'58'' WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00
FEET; THENCE, SOUTH 00"00'58" WEST A DISTANCE OF 100.03 FEET TO SAID SOUTHERLY RIGHT
OF WAY LINE OF THE LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE,
NORTH 88°34'58" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 12.50 FEET
TO THE TRUE POINT OF BEGINNING.
AREA CONTAINS 0.0344 ACRES, MORE OR LESS.
BASIS OF BEARINGS ESTABLISHED PER PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95
OF THE RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF:
.~~'/_.~//.¢.~,¢z-~ ~'~/.~
, P.E. CITY PARCEL N0.2756
R.C.E. 25126, EXPIRES 12/31/93 SHEET 1 OF 2
APN 25]-141-27 ~G~'~' ,q4r,'~ ///~
No~ffi Un~ of Lond C~ SCALE 1 "=50'
S~th Line of Land C~ve~d ~ ~ ~
N ~ E ~Z~', ~ p ,~.
T. . .B, ' ~
11/4" I.P. TAGGED L.S.3~2 Z ?0~%O~ ~/~5 OS
PER PM ~474 , ~ ~,6, ~CG '
~
J
P.O.B.
1" C.S,M, AS REF.
PER PM 4474
...... ORDS,
~ SLaVER'AVENUE
Prepared under the Supervision of:
~4~'~,,~C,--/"~ ~,/'tr,t Basis of Bearings:
PER PM 4~,74
Robert W. Waddle, P,E. M.B. 41/_95
R,C.E. 25126 Expires 12/31/93 S.B,CO. RECO DS.
R
DRAWr, J BY R. Sandoval city
Parcel No.
CITY OF FONTANA, CALIFORNIA CHECKED BY F', Molinos
2756
II)IEIE~ PLAT APPROVED BYR. Waddle
J~XNJJJJ~OT 'A" DATE 8-17-93 S~eet 2 of 2
INFORMA'IION BY APPLICANT INFORMATION BY RAILROAD
,~,~__:_2~:. _ ....... ,o.,,"c~._~TZ,.Z,,
........... ~ ___l-_._2.:~-.:-q_2.___
.o,,,~.,,.,.,-~ ...................::;-::::-'::: ZZZ~-:~-~' ___E~_"___ r
P:.~ ~r~ ................................. VILD~J ~'~'~'~'Y' er, :
..~=,.,-;,0. -,.-~ ...............~J~z,~z'~:..,,_'~_,-,,,,, s-rE,=- .. ~.~.. ,~,,,,~',~,°.
....... ;;;;;;; ZZZN'ZaEZZ
,,,"*~'.',*"';;~.'~%,%,..-, o""'~.,."'%.~-"-'--'~-'-T-~:::::::' .......g~____,.__~a~' ooo ~'st~Lo~ ~.e;Les
YU/vIA
...-,,.0,-,.....:-,...,..,...,,,.o,..... .....
.N' ZZ:~" ,-
.,~,,.-','~..-.-,..,.,,-',.,,..-,..,.~ ..............~-':: ..,,._,~za_
~P,0~T~ L~Z ~o~ ,~ ~. ~ __ _/~/Z~ :~_ / ~ ~._2- ....... SOU THERN PACl FI C LINES
m. E~nON OF ~RK Casing Requirements
~e pipeline A eemenl and Can ac era R gh of Entry Agree~nl ahall ~( gUre ~
Table I Table g
Stee~ Casing
Table for Determining Minimum Size of Casing (casing with ProtectSve Cool;rig)
~ ~/z' ~ t/2- ~o- ~s- 20- ~o' t4- ta- ~4- 0.~2- 54- o,7~s- SOU~ERN PACIFIC LINES
~. s- ,s- zs- 2s' ze- ~o. z~- ao- o.~o6. s~ o.e~' PIPE LINES
4" 8' 20' 30' ]0" ~ 26' ~' 34' a SS' 0_4S9' 66' S sa' 0,e75' FOR NON-FLAMMABLE ~BSTANCES
6' to' ~4' 5s' 5e' se' so' ss' ~' 0.500' ?0' 0.906' ACROSS OR ALONG RIGHT OF WAY
- ~DMA~TO 1E~ e__ DOCUMENT
2 MsYs ~ cl~s 9 ~ 0 8 0 3 8 5
CITY O~ ~O~tN~ RECORDED IN THE
P.o. BOX 518 3~oa OFFICIAL RECORDS OF
FONTANA, CA 92334 ~ SAN BERNARDINO COUNTY
(ATT~TION: ENGINEERING DIVISION) 4L~T $STEE ERROL J MACKZUM
RECORDER
~SVY Feb/15/1994
12:43:33:PM
AUDFr UO.]] /F~ i J RE~IS= B-531.93-X(N)
by and between SO~E~ PACIFIC ~PORTATION CO~, a Delaware
corporBtion~ herein te~ed "Railroad," and CI~ OF FO~, a
public body, address= 8353 Sierra Avenue, Fo~tana, California
92335, herein te~ed "Grantee";
1. Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconst~ct, maintain and operate a 27-inch sanitary
sewer pipeline within a 54-inch casing, hereinafter referred to as
"structure," in, upon, along, across and beneath property and
tracks of Railroad, at or near Bloomington, in the County of San
Bernardino, State of California, crossing the centerline of said
tracks at Engineer's Station 3733+68, Milepost 531.93, in the
location sho~on the print of Railroad's Drawing B-531.93-X, Sheet
0n Exhibit "A", a~d made a pa~t he~e0f.
Said structure shall be installed in accordance with minim~
requirements of Fo~ C. S. 1741, also attached and made a part
hereof.
Upon execution hereof, Grantee shall pay Railroad the s~ of
Five Hundred Sixty Dollars ($560) partially to defray cost of
handling.
In addition, as monetary consideration for the rights herein
granted, Grantee shall pay to Railroad the s~of Five Thousand Six
Hundred ~enty-five Dollars ($8,625).
2. Project markers in fom'and size satisfactory to Railroad,
identifying the facility and its o~er, 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 telcoated or removed upon request of Railroad
without expense to Railroad.
~sence 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 pemission of Railroad the right
(consistent with the rights herein granted) to construct, recon-
~o~m C-I Approv~d ae to form by General Counsel LPR/lzn. CtyFonta 924 990/314.4 * 54 Mar~h 24, 1993
Rev. 04/23/92
94-080385
Page 2 of 5
struct, maintain.and use existing and future railroad tracks,
facilities and appurtenances and existing and future transporta-
tion, 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, at least five (5) days prior to performing any
digging activities on the premises of Railroad, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Grantee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Railroad in the location where Grantee will perform
such digging activities. If there is a telecommunications system,
Grantee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Railroad.
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
['orm C-I Approved as to form by General Counee~ LPR/lzn. CtyFonta 924 990/314.4 * 54 March 24, 1993
Rev. 04/23/92
94-080385
Page 3 of 5
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 reasonable
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 reasonable 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 or willful misconduct of
Railroad,~its officers, agents or employees.
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
94-0 0385
Page 4 of 5
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 performthe necessary
work at the expense of Grantee, which expense Grantee agrees to pay
to Railroad upon demand.
ll. 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. To the extent allowed by law, Grantee agrees to release,
defend and indemnify Railroad from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when .
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Railroad, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The word "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 hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued 'or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said
Form C-1 ApFroved as to form by General Counsel LPR/lzn. CtyFonta 924 990/314.4 * 54 March 24, 1993
Rev. 04123192
v 94-080385
Page 5 of 5
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.
15. This indenture terminates and supersedes that certain
license agreement between Railroad and City of Fontana dated August
4, 1992, (Railroad's Lease Audit No. 710396). Grantee hereby
warrants that it is the lawful owner of all rights, title and
interest in said license.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
SOtFE~ERN PACIFIC TRANSPORTATION COMPANY
( Title ) Dkector
Contrams and Joint F~iI~i~
Attest, AssiStant Secretary
CI~"/OF FONTAliA
By -S~T-A~[IE~-~I-(~+A-~AJ~
(Title)Robert W. Weddle, P.E., City Engineer
CERTIFICATION BY CITY ENGINEER:
This is to certify that the interest in re~l property conveyed by the Deed or Grant dated
March 26, 1993 ~rom Southern Pacific Transportation Company to the City of Fontsea, California,
a Municipal Corporation is hereby accepted by the undersigned officer pursuant to authority
conferred by resolutionof the City council adopted July 16, 19911 and the grantee consents to
the recordation thereof by its duly authorized officer.
Robert W. Wedale, P.E., City Engineer
City of Fontsea
DATE: ~-3'o~ ~
LL-PURPOSE ACKNOWLEDGMENT ~o~08
y : ' CAPACITY CLAIMED BY SIGNER
State of California . ;~
County of San Bernardino [] INDIVIDUAL(S)
[] CORPORATE
On August 30, I993 before me, Wtlma Pinsak OFFICER(S)
DATE NAME, TITLE OF OFFICER - E.G,, 'JANE DOE, NOTARY PUBLIC" TITLE(S)
[] PARTNER(S)
personally appeared Robert W. Weddze. 2 .~. D A~ORNEY-IN-FACT
NAME(S) OF SIGNER(S) D TRUSTEE(S)
~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence
to be the person(s) whose name(s) is/are D SUBSCRIBING WITNESS
subscribed to the within instrument and ac- D GUARDIAN/CONSERVATOR
knowlodged to me that he/she/they executed D OTHER:
the same in his/her/their authorized
s capacity(lee), and that by his/her/their
WILMA PINSAK signature(s) on the instrument the person(s),
.OT~Y.U.UC-C~L,~O.~ ortheentityupOnbehalfofwhiChtheperSOn(S) SIGNER IS REPRESENTING:
Witness my hand and official seal. City of Fontana
A~ENTION NOTARY: Although the information r~uest~ below is ~T~NAL, it ~uld prevent fraudulent a~achment of this ce~ificate to unauthorized ~ocument.
THIS CERTIFICATE Title or Type of Document Easement for Sewer PutDoses
MUST BE A~ACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Q 1991 NATIONAL NOTARY ASS~IATION · 8236 Reinmet Ave. · P.O. Box 7184 · Can~a Park, CA 91304-71
State of ~~ } m OPTIONAL SECTION m
CAPACI~ CLAIMED BY SIGNER
County of~ ~~ Though sta~te does not r~uire the Nota~
On ~ '/~ ' ~J before me, r,~ ~Ja ~,~o~ .~Y C invalu~leto~mnsre~yingonthedocument
DATE ~ INDIVIDUAL
personally appeared ~ ~ ~/~ CORPORATE OFFICER(S)
E[personally known to me - OR - S proved to me On the basis of satisfacto~ evidence S PARTNER(S) Q LIMITED
to be the person(s) whose name(s) is/are Q GENERAL
subscribed to the within instrument and ac- ~ A~ORNEY-IN-FACT
knowlodged to me that he/she/they executed ~ TRUSTEE(S)
the same in his/her/their authorized D GUARDIAN/CONSERVATOR
'~ .... ~ capacity(lee), and that by his/her/their
~ ~ O~C~ S~ L ~ OTHER:
~ [ ~ JOH~0N ( signature(s) on the instrument the person(s),
,,~ ~.~ ~ or the entity upon behalf of which the
~ ~:, ~ W ~4~c~994 ~ person(s) acted, executed the instrument.
~- --; ~ ~ ~ ~, SIGNER IS REPRESENTING:
~ '~~1 Seal. NAME OF PERSON(S) OR ENTI~(IE8)
~oq7~ P~Ac 7~A~SP.
' OPTIONAL SECTION
THIS CERTIFICATE MUST BE A~ACHED TO TITLE OR ~PE OF DOCUMENT ~ ~ ~
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
it could prevent fraudulent rea~achment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
V EXHIBIT "A" 94-080385
EASEMENT FOR SEWER PURPOSES
THAT PORTION OF THE LAND IN THE COUNTY OF SAN BERNARDINO, WITHIN THE SPHERE OF
INFLUENCE OF THE CITY OF FONTANA, STATE OF CALIFORNIA AS CONVEYED TO THE SOUTHERN
PACIFIC RAILROAD COgPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF
SAID COUNTY, gORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS AVENUE AND SLOVER AVENUE,
SAID POINT CONSISTING OF 1" I.P. COUNTY SURVEYOR'S MONUMENT (C.S.M.) AS REFERENCED ON
PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95 OF THE RECORDS OF SAID COUNTY;
THENCE NORTH 00°00'58'' EAST ALONG SAID CENTEI~LZNE OF CYPRESS AVENUE A DISTANCE OF
1203.30 FEET TO A POINT LOCATED ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID LAND
CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN DEED BOOK "N", PAGES
446-449 OF THE RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, NORTH 88"34'58" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2.50
FEET; THENCE NORTH 00°00'58'' EAST A DISTANCE OF 100.03 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF SAID LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED IN DEED BOOK "N", PAGES 446-449 OF THE RECORDS OF SAID COUNTY;
THENCE, SOUTH 88°34'58' WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 15.00
FEET; THENCE, SOUTH 00°00'58" WEST A DISTANCE OF 100.03 FEET TO SAID SOUTHERLY RIGHT
OF WAY LINE OF THE LAND CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE,
NORTH 88°34'58'' EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 12.50 FEET
TO THE TRUE POINT OF BEGINNING.
AREA CONTAINS 0.0344 ACRES, MORE OR LESS.
BASIS OF BEARINGS ESTABLISHED PER PARCEL MAP NO. 4474 AS RECORDED IN BOOK 41, PAGE 95
OF THE RECORDS OF SAID COUNTY.
PREPARED UNDER THE SUPERVISION OF: i <
ROBERT W. WEDDLE, P.E. ,~ CITY PARCEL NO. 2756
R.C.E. 25126, EXPIRES 12/31/93 SHEET 1 OF 2
INFORMATION BY APPLICANT INFORMATION BY RAILROAD
..,..~..__..__,._~,~.
~) APPLICANT DOIBe BUSII~E~q A~ ~ ~ ~ IPUm-lCAm*'~'T~{] v~u~CA~__,__V-~ sHr__J.l__~
...,,.,..,,,,......... .............._.""~ ...-,~.,.,.~-,, - ~"'..., -,.~
OPE:R/'TII~PRESSIJRE/I~OIlUMTESTPRESSURE ................~,j~(~ "' ~j bOO 51 ~ LO:~ A, FIe'ELE$ ~o y UA41
::::::::::::::::::::::::::::::::::::: _~ ~ ~
-- -~f~:~,H~,H~:--
..=-:.=;-;-;,:;:.;;,;-:::::.--,.-;*--!
,v,~c,x~w, Ti:o~wor,<~u_a~.~: ~.,8~ t q .q_'?-- SOUTHERN PACIFIC LINES
C,S,
c. Plpellnes shallrEt {ocuted~wh ...... ,~;.~;. t:, ..... psi, ~ ..... lag Is insIdled .;thoul beneli, o~ . profectlve
FOR NON-FLAMMABLE ~BSTANCES
ACROSS OR ALONG RI HT OF WAY
.,I.U.E
10. EXE~ON OF ~RK O~Si~ Requirements
Table 1 Table 2
Steel Casing
Table for Determining Minimum Size of Casing (casing wilh Peoteclive Coatlng3
I I/2' · I/2' !0' 18' 20' 20' 14' 18' 24' 0.512' 54' 0.719' SOU~ERN PACIFIC LINES
S' IO' 24' 36' 56' ~6' 30' 5S' sa' 0.500' 7D' 0,906' ACROSS OR ALONG RIGHT OF WAY
APN ~51-141-27
k~0 ~ Itl
North Line of Land C~ve~d SCALE 1"=50'
to (he ~,P,R,R,; D.B.'N'/446-449
S.B.CO. Rec~d~
O E '
GO~B.~./~REGOgD5
S~th Line of Land Conve~d
to the S,P,R,R.; D,B.'N"/446-449 ·
I 1/4' LP. TAGGED L.S,3~2
PER PM 4474
~R OR
,,
P,O,B,
1" C.S,M. AS REF,
PER PM 4474
~ SLOVER AVENUE
Prepared under the Supervision of: .
. · , ! .' Basis of Bearings:
~ ~3 ~ ~ PER PM 4474
R We M,B, ll/95
R.C.E. 25126 Expires 12/31/93 ~OFCAL~f~' R RD
S.B.CO. ECO S.
, DRAWN BY R. Sandoval city
Parcel No.
CITY OF FONTANA, C~IFORNIA CHECKED BY F. Molinos
2756
G~ PLAT APPROVED By R. Weddie
~XH~T "~" DATE 6-17-93 Sheet 2 of 2
FAX ' CITY OF
CAL IFOR NIA
COMMUNICATIONS
FROH FAX NO. [909] 350-6613 0
PLEASE DELIVER THE FOLLONZNG PAGES TOt N
LOCATION: ~. P. ~ .~'
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INSPECTOR'S DALLY REPORT
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C t c~o'f Q~Z.* --
EQUIPMENT AND/OR LABOR: (~ REM. N=XS
EQUIPk/rr. NO. OF DESCRIPTION 0=leelon for t~lenee$ or
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JAN 11 '93 14:30 Twme" ~ PAGE.001
FAX TRANSMIS N
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~ '.. ~ drewfnge,
Very r'ullt
FAX CITY 0F
CAL IFOR N]A
COMMUNZCATXONS
FROM FAX NO. [909] 350-6618 0
PLEASE DELZVER THE FOLLOWING PAGES TO: N
NAME: 72 U 5~'E~L ~' H~/~'IV/~ IL~
LOCATION: ~, ~ B,~
FAX NUMBER:
FROM: ~C/'P~ H~C/~S N
ACCOUNT NO. 07{- 72g/ PHONE :~)
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FAX iS= $ ,0 1ST PAGE (EXCLUDING COVER SHEET) $~,50 THEREAFTER,
PLEASE HAKE CHE YABLE TO CiTY OF FO~ANA
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name ' company / firm
~ address phone no.
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(ACC .NO .010-0316-2300)
OAN. 19g~ SKY--
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FRON HBS LOWR¥ISRH BERHRRB~H~ 8|~6,L9~ LSz~ F, 2
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Mr. Fellpe Mollhoe, P.E, _
In In~erl Departmint
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I em I~ reel~ ~ your k ~e~mlSelOn shag ~ ~e ~d pm~d ~
· e ~Nr~or of pleolng the ekl~ on ~ ~ ~1~ e M ~ In ffi mlng.
~ ~ no ob~On i p~ng ~ ~ldl ~ ~e boom ~ ~e ~ as proposed,
~e I~d k pl~ ~ '111~" fine 1~11 ~ Io~ to pffive~ ~olUon wh~ ~lng
dm~ng on e~et; of e, ehNI e~n~ m ~p~ ~ ~e p~e~.
,C~ou~nM ~ ~ls ch~ge m~ ilo M =i~ ~m ~ne enG the 8PRR
· ~ h~ ~ ~lr ~ ele.on ~ ~ ~re~ng, Also, ~ ~le me~od Is
I I
ld )Y ~ ~or, he eh~ ~bm~ · d~ng ~ ~1 be ~rpo~ Into
VeW ~V you~
:Vm
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SENDER:
· Complete items ~d/or 2 for additional ser~i~i~ I V wish to receive the
· Complete items 3, and 4a & b. following services (for an extra
· Print your name and address on the reverse o .t~ms form so that we can fee):
return this card to you.
· Attach this form to the front of the mailpiece, or on the back if space 1. [] Addressee's Address
does not permit.
· Write"ReturnReceiptRequested"onthemailpispabelowthearticlenumber. 2. [] Restricted Delivery
· TheReturnReceiptFeewillprovideyouthesignatu~reofthepersondelivered
to end the date of delivery. Consult postmaster for fee.
3. Article Addressed to: 4a. Article Number
MR. J.W. IVANUSICH MANAGER
AGREEMENTS AND CONTRACTS 4b. Service Type
SOUTHERN PACIFIC TRANEPORTATIOI~~ [] Registered [] Insured
1200 CORPORATE CENTER DRIVE [~fCertified []COD
MONTEREY PARK, CA 91754 [] Exp;ess Mail [] Return Receipt for
Merchandise
7. Date of Delivery
5. Signature (Addressee) 8. Addressee's Address (Only if requested
and fee is paid)
...... {SLI~>ZiFZtZ'T: S?'ATU6 ~rf A~h:e~'/S A~ ptr~,m>Trs
D~'5c~I~ T'!O/V' pOfiVT IA/ PRO
City of Fontana
CALIFORNIA
August 28, 1992
Mr. J.W. Ivanusich, Manager
Agreements and Contracts
Southern Pacific Transportation Company
1200 Corporate Center Drive
Monterey Park, CA 91754
RE: Cypress Avenue Sewer Project (Bid Opening Date 8-13-92) crossing of S.P.R.R. at 1-10
Dear Mr. Ivanusich:
Attached is the fully executed copy of the License Agreement for the project in reference,
together with the check in the amount of $405 as requested in the attached letter to this office
dated June 30, 1992, from Mr. W.E. Fowler.
The license agreement will be replaced by an easement being prepared by your company.
We appreciate the help received by your office during this process. Thanks for your attention
to this matter.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
E~iS~V~
Felipe Molinos
Principal Civil Engineer/Capital Improvements
FM:MA:yv
ce: Mr. W.E. Fowler, SPTG
c: \data\wp\alturk\j wivancy. let
8353 SIERRAAVENUE(P.O. 8OX518) · FONTANA, CALIFORNIA92334.0518 · (714)350-7600
SISTER CITY- KAMLOOPS, B.C. CANADA
City of Fontana
CALIFORNIA
~luly 16, 1992
Hr. a. W. Ivanustch
Southern Pacttic Ratlroad
1200 Corporate Center Drtve
Honterey Park, CA 91754
RE: Cypress Avenue Sewer System Construction ProJect
Dear Hr. Ivanustch:
The Ctty of Fontaria ts now adverttslng the Cypress Avenue Sewer System
Construction ProJect from Ourupa Avenue to San Bernardlno Avenue for
btds. The btd opentng date ts set for August 13, 1992, at 2:00 P.N.,
tn Ctty Counctl Chambers at 8535 S~erra Avenue, Fontaria.
Enclosed ts a copy of the Plans, Specifications and Contract Documents
for thts project.
If you have any questions or requtre further assistance, please contact
Oohn Tesley at 714-350-6642.
Sincerely,
COMHUNITY DEVELOPHENT DEPARTHENT
Engineering Dtv~ston
Fel~pe Hol~nos, P.E.
Principal Engineer/Capital Improvements
FH:sh
Enclosures
8353 SIERRAAVENUE(P.O. BOX518) · FONTAN.~ CALIFORNIA 92334-0518 · (714)350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
iNVOICE DATE INVOICE CONTROL qOUNT DISCOUNT AMOUNT p,z REMARKS
NUMBEll NUMBER r .~ '
,11 ~Z ~ ~T v ..... V,, E ",,T~ cr
CHECK NO.
TOTAL AMOUNT ON
FONTANA, CALIFORNIA 92335-3598 v
FOLIO NUMBER CHECK
16-~6/1220NUMBER
CITY OF FONTANA 87'89z
~ SIERRA AVENUE
FONTANA, CALIFORNIA ~-35N
PAY THESUMOF
TO THE
ORDER OF ~0UTHERN PACZFZC
~ONTEREY PARK/ CA
VOID AFTER ~ DAYS
v
outl ern P: cific
Tranzpertatlen a npany
Southern Pacific Building · One Market Plaza · San Francisco, California 94105
DZRECTOR
CONTRACTS AND dOfNT FACZLZTZES
924 990/314.4 * 54
June 30, 1992
FEDERAL EXPRESS MAIL
Mr. Felipe Molinos, P. E.
City of Fontana
8353 Sierra Avenue
FontanB, CA 92335
Dear Mr. Molinos:
Attached are two revised originals of page 3 of proposed
license agreement between Southern Pacific Transportation Company
and City of Fontana concerning a 27-inch waste water pipeline at
Bloomington, California.
If satisfactory, please insert the revised originals of page 3
in the duplicate counterparts of agreement and arrange for
execution of the counterparts on behalf of City of Fontana. Upon
execution, please return the counterparts marked "SPTCO" together~
with your check in the amount of $405 to Southern Pacific
Transportation Company, Mr. John Ivanusich, 1200 Corporate Center
Drive, Monterey Park, California 91754, for his further handling.
We are in the process of preparihg an easement to replace the
above license.
Yours very truly,
Attachments
Page 1 of 6
RELMIS: B-531.93-X(N)
UNDERGROUND PIPELINE
(SEWER - WATER - STORM DRAIN - ETC.)
, 1992, by
and between SOUT~ERMPACIFIC~RANSPORTATION COMPANY, a corporation,
(Licensor), and CI~ OF FON~ANA, a public body, address: 8353
Sierra Avenue, Fontana, California 92335, (Licensee);
WITNESSETa:
1. Grant of Rights: Licensor hereby grants to Licensee the
right to construct, reconstruct, maintain and operate, subject to
the terms of this Agreement, a 27-inch sanitary sewer pipeline
within a 54-inch casing (herein called "structure"), at or near
Bloomington, County of San Bernardino, State of California, in the
location shown on the attached print of Drawing B-531.93-X, sheet
1 of 1, dated January 24, 1992.
This grant is subject and subordinate to the prior and
continuing right of Licensor, its successors and assigns, to use
all of its property in the conduct of its business, Licensor
reserving full rights, consistent with the rights herein granted,
to construct, reconstruct, maintain and operate existing and
additional transportation, communication~ pipeline and power
facilities upon, over and beneath its premises.
2. Identifying Markers: Markers in form and size
satisfactory to Licensor shall be installed and constantly
maintained by Licensee at Licensor's property lines or such
locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty byLicensor that there are
no subsurface installations.
3. Costs: Upon execution hereof, Licensee shall pay Licensor
Four Hundred Five Dollars ($405) partially to defray cost of
handling.
Form C~S. 3400 Approve8 as co~8~ by General Counsel LPR.lzn. CUyo~Fon = 3901314.4 * 54 May 26, 1992
Revisedl April 24, 1992
Page 2 of 6
Licensee shall bear the entire cost of constructing,
reconstructing, maintaining and operating said structure on
Licensor's premises. Licensee shall reimburse Licensor for all
cost and expense to Licensor in furnishing any materials or
performing any labor in connection with such work, including, but
not limited to, installation of falsework and other protection
beneath or along Licensor's tracks, and furnishing such watchmen,
flagmen and inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be
constructed, reconstructed and maintained in accordance with plans
approved by Licensor within a reasonable period of time. Approval
by Licensor shall not constitute a warranty byLicensor that such
plans conform with federal, state and/or local codes and
regulations applicable thereto. All work upon or in connection
with said structure shall be done to Licensor's satisfaction at
such times and in such manner as not to interfere with Licensor's
operations. In the construction, reconstruction and maintenance of
said structure, Licensee shall keep Licensor's premises in a neat
and safe condition, failing which Licensor may do so at Licensee's
expense. If required by Licensor in its use of Licensor's
premises, Licensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Licensor
five (5) days' written notice of the day and hour it proposes tO do
any work on said structure.
Licensee shall cooperate with Licensor in making any rea-
sonable tests it requires of any installation or condition which in
its Judgment may have adverse effect on any of the facilities of
Licensor. All costs incurred by the tests, or any corrections
thereafter, shall be borne by Licensee.
No change shall be made by Licensee in the commodity being
conveyed through said structure without Licensor's prior written
approval.
5. The rights herein granted are subject to the rights of
Licensor (or anyone acting with the permission of Licensor) to
construct, reconstruct, maintain and operate fiber optic and other
telecommunications systems (systems) in, upon, along, across and
beneath the premises and rights-of-ways of Licensor including the
premises through which said structure shall be constructed.
Licensee agrees to reimburse Licensor and/or the owner of the
system(s) for all expenses which either may incur which expenses
Fonn C.S. 3400 App=ovea as tow by General Counsel [~R.lzn. CtyofFon ~e~990/314.4 * 54 ~y 26~ 1992
Revisedl Apt{1 24, 1992
Page 3 of 6
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to release,
defend and indemnify Licensor from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Licensort its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The 'term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation Or damages for taking
Yorm C.S. 3400 Approved as =o~ by General Counsel LPR.lzn. Ctyo~Yon ~990f314.4 * 54 May 26, 1992
RevisedE April 24t 1992
Page 4 of 6
said premises or Licensee's interest therein awarded to Licensee
shall be assigned by Licensee to Licensor.
8. Termination: This Agreement may be terminated by either
party hereto by giving ninety (90) days' written notice to that
effect to the other party and Licensee shall there upon remove said
structure and appurtenances and restore the premises of Licensor to
Licensor's reasonable satisfaction failing which Licensor may
arrange to do so at Licensee's reasonable expense.
If Licensee makes default in respect to any covenant or
condition on Licensee's part hereunder and fails to correct such
default within thirty (30) days' after receipt of notice from
Licensor so to do, Licensor may forthwith terminate this Agreement
by notice to Licensee.
9. Environmental Protection: Licensee 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 waste and air
quality, and furnish satisfactory evidence of such compliance upon
request of Licensor.
Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or arise from the premises covered hereunder
as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licensee shall immediately notify
Licensor and shall, at Licensee's expense, be obligated to clean
all property affected thereby, whether owned or controlled by
Licensor or any third persons to the reasonable satisfaction of
Licensor (insolaf as the property owned or controlled by Licensor
is concerned) and any governmental body having Jurisdiction in the
matter. Licensor may, at its option, clean Licensor's premises; if
Licensor elects to do so, Licensee shall pay Licensor the
reasonable cost of such cleanup promptly upon the receipt of a bill
therefor. Licensee agrees to release, indemnify and defend Licensor
from and against all liability, cost and expense (including,
without limitation, any fines, penalties, Judgments, litigation
costs and attorney fees) incurred by Licensor as a result of
Licensee'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
Agreement is in effect or thereafter, unless such liability, cost
or expense is proximately caused solely and exclusively by the
Page 5 of 6
active negligence Or wilfull misconduct of Licensor, its officers,
agents or employees.
10. Contractors: No work on Licensor's premises shall be
commenced by any contractor for Licensee until such contractor has
entered into Licensor's standard Contractor's Right of Entry
agreement covering such work.
11. Non-assignability: This Agreement is not assignable, in
whole or in part, by Licensee without Licensor's prior written
consent.
12. Liens: Licensee shall pay in full all persons who perform
labor on said premises for Licensee, and will not suffer any
mechanics' or materialmen's liens to be enforced against Licensor's
premises for work done or materials furnished at Licensee's
instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's own cost and expense and to
pay any judgment which may be entered thereon or thereunder.
Should the Licensee fail, neglect or refuse so to do, Licensor
shall have the right to pay any amount required to release any such
lien or liens, or to defend any action brought thereon, and to pay
any Judgment entered therein, and the Licensee shall be liable to
the Licensor for all costs, damages, and reasonable attorney fees,
and any amounts expended in defending any proceedings or in the
payment of any said liens or any Judgment obtained therefor.
13. Said structure shall be installed in accordance with
minimum requirements of Form CS 1741, also attached and made a part
hereof.
14. As a part consideration for the permission herein given,
Licensee shall pay to Licensor as rental the sum of One Hundred
Dollars ($100) per annum payable annually in advance. Acceptance
by Licensor of rental in advance shall not be construed as a waiver
by Licensor of its right to terminate as set forth in Section 8
hereof.
The rental shall automatically and without notice to Licensee,
be adjusted, upwards only, on each anniversary of the effective
date of this Agreement, by the CPI Factor as indicated on the
Consumer Price Index, Urban Wage Earners and Clerical Workers,
U. S. City Average, All Items (1982-84 = 100), ("Consumer Price
Index"), published by the United States Department of Labor, Bureau
of Labor Statistics, or any successor or substitute index published
~'orm C,S, 3~00 Appr~vect ss ~s~~'~ b7 Genera]. Counses]. LPR,~-zn.C~7of~on r~1~990/3~.4o4 * -~ Ms~' 26, ~.992
Rev:Lsed~ Apr:~]. 2~t 1992
Page 6 of 6
as a replacement for the Index by any United States governmental
agency. The "CPI Factor" is the percentageof adjustment stated in
the Consumer Price Index (indicated in the previous sentence)
established during the last available twelve-month period
immediately preceding each anniversary of the effective date of
this Agreement, adjusted to the nearest one-tenth of one percent,
In addition to or in lieu of the above, Licensor may, at any
time, increase the rental without reference to the CPI Factor by
giving Licensee, thirty (30) days' notice of such adjustment and
its effective date.
The rental, as so increased, shall be effective as of each
anniversary of the effective date of this Agreement if increased by
the CPI Factor, or as of the effective date of any other increase,
notwithstanding Licensor's acceptance of a lesser amount and
notwithstanding any billing by Licensor for a lesser amount.
IN WITNESS WM~REOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
LICENSOR
By ('~le) M~l~,er. Colttr~'ts
LICENSEE
By SEE ATTACHED SIGNATURE PAGE
(Title)
"L][CE!ISEE" SIGIIA11JRE PAGE
READ AND APPROVED AS TO LEGAL FORN
AND CONTENT:
Stephen P. Deltsch
City Attorney
This document ts the true and complete
~Nunn
Deputy City C1er/~
~;~o~ant Director
Robert Graham
Risk Nanagement
'LICENSEE'
CZTY OF FONTANA
, 4untctpal Corporation
ATTEST:
is PVC ~ High ~nsi,~ P~yea~e ~ ~m. sae~e h ~* :~ ~ ,~k ,~ .;..~: b.... b, PIPE LINES
s.a st~ ~ld be~e:rim.~e ~ l~ roSlro~ FOR NON-FL~MABLE ~BST~CES
ACROSS OR AL~G RIGHT OF WAY
s. ,~peova. os pu~s ~ =~ s ~~
~. ~no, OF ~. Casin~ Requirements
be fully ....ted ~f ....y w~k ~11 ba allowed ....il~y rlght-of-way, Fi 8ure 1
Table I Table 2
Table for Deter~ning Miniram 9ze of Casing Steel CasinR
NOMEN~ SEL OR PLASTIC NOMf~ A~A ~CTILE IRON t~ V,~ PIPE ~A~ ~l~SS Dt~ ~IC~SS
I J/Z* ~ I/2' I0' 18' 20" 20" J4' 18" 24" O_~t2' 54' O.?B" SOU~ERN PACIFIC LINES
~. e. ,e' ~' z,' =~- ~0' ~.- 30- o..oe' ez' 0..~3. PIPE LINES
~' e' 20' 30- so' s~ ~6' ~2' 34. s 36- 0.46s' s6- s ss' 0.875. FOR NON-FL~MABLE ~BST~CES
6' I0' 24' 56' 36' 36' 3~ 36' 38' o.s~' 7o- o.sos, ACROSS OR ~ONG RIGHT OF WAY
.. ~x~:~::::': .......,,,,~-~,~ .........~-~-~--_,. .....-..--.,,,~. ;"%~S,%;'2.C.L~['..~.!.: .........
..,~ ....,.,~,,o...~._~---~--~- -....,.~,,~ ,.~.0..~..~ ~;;---::-- ~;,~.~- ..........: .....................
.......... ~'d~D%~:~ ::. ~_2. , ,~.
C][TY OF FONT/IIA
Ca1 t forn I a
RENORAIINI
TO: ROBERT raRAJIRN, RISK IMRAGER
FRO!h FELIPE I!OLINOS, PRINCIPAL EIIGI!IEE3I/CAPITAL IlIPROVE3IENTS
RE: CYPRESS AVE]IJE SEMER PRO,1ECT
EXECUTION OF AGREE]If]iT MITH SOUTHERN PACIFIC TRAIISPORTATIO!I CO.
DATE: ~IUILY 10, 1992
Attached please find:
1. Two unsigned license agreements with Southern Pacific Transportation
Company.
2. A copy of the City Council closed session action report that was
presen~to the City Council on July 7, 1992.
As per verbal information received from the City Engineer and the Community
Development Director, the Council reviewed the matter and agreed to execute
the license agreement as presented. You can confirm this with Mr. Clark
Alsop, City Attorney, also present at that Council meeting.
Please sign the documents provided so that the "signature chain" can proceed
tn a timely manner and call me at extension 6641 for pick-up. Bids for this
prodect will be opened on August 13, lgg2.
If you have any questions, please call me at extension 6641. Thank you for
your help tn this matter.
FR:sh
Attachments
V~AGENDA ITEH
CITY COUNCIL CLOSED SESSION
ACTION REPORT
· ILY 7, 1992
fleeting Date
TO: Hayor and CIty Council
FRON: Community Development Department
SUBJECT= Property Acqutsltlon (Southern Pac~ftc Transportation Company
LIcense Agreement - Cypress Avenue Sewer)
The Cypress Avenue sewer project (approximately 10,560 feet long) will connect
to the Ctty's Jurupa Avenue sewer trunk line and construct a 27 and 30 inch
dtameter sewer l~ne tn Cypress Avenue from Jurupa Avenue to Valley Boulevard
and a 24-tnch diameter sewer in Cypress Avenue from Valley Boulevard to San
Bernardtrio (see Location and V~ctntty Hap, Page 3). The project also tncludes
"boring" or tunneling a large steel carrier ptpe (54-inch diameter) under the
railroad and 1-10 Freeway for the sewer l~ne to be installed wtthln this
carrier ptpe. At the July 7, 1992 Councll meeting under Public Hearing, '
Council is belng asked to approve the mitigated negative declaration and
authorize staff to advertise the project for public bids.
The Southern Pactftc Transportation Company (railroad) requires that the C~ty
of Fontaria execute a 11cense agreement (Pages 4-12) prtor to permitting the
Ctty to construct thts etghteen foot deep sewer facillty under their trackage
in the general alignment of Cypress Avenue.
The City Attorney (pages 13-15) and City Risk Hanager (page 16) have stated
that Southern Pactftc's originally proposed indemnification clause unreasonably
favored the ratlroad and should, tf possible, be medtf~ed. However, Southern
Paciftc had previously refused to make any changes to the ~ndemntftcatton
provision of the agreement (page 14). On June 26, 1992, Southern Pacific
offered to make a change (page 17) to the indemnity provlslonl however, the
City Attorney still believes that while it is an improvement from the former
provision, the modified provision ts not a reasonable provision for the City
because the City would fully indemnify Southern Pacific even if the railroad
the primarily negligent party.
City staff, as a follow up to the license agreement, ~s also pursuing a
permanent 15 foot wide easement along the sewer line alignment which
expected to take two to four months to process and too long a delay to provide
sewer service to the Kaiser Hospital Primary Care project. The easement
document would have s~mtlar tndemntflcatton language
unacceptable to the Ctty Attorney and City Risk Hanager.
NIALYSIS/aJSTIFZC~TI01hV
To construct a sewer line to provide relief line capacity and to serve Kaiser
Hospital requires a crossing of the Southern Pacific llnes and the 1-10 Freeway
at this time. The source of funds for this project is the sewer fund (071).
The actual risk of any problems occurring with the boring or tunneling of the
sewer line eighteen feet under the surface of the trackage is remote. The
Ctty's contractor wtll carry insurance during the construction period per the
Clty's standards, thereby reducing the Ctty's exposure to liability. Once the
project ts complete, under the operation mode of gravity flow sewerage flowing
eighteen feet under the tracks in a thick steel casing, it
staff's opinion, that the City will have any signlflcant risk.
As an alternative to approvtng the proposed license agreement, the City could
by eminent domain, acquire the right of way without the troublesome
indemnification obligation of the City. However, it is estimated that the cost
of a tttle report, litigation guaranty, appraisal, attorney's fees and court
costs ~ay run between $10,000 and $30,000 for eminent domain. Furthermore,
emtnent domatn could delay the project six to twelve months, and would In all
likelihood delay the opening of Kaiser Hospttal's Primary Care Untt.
RECOIIEI)~TIOIh
Staff recorm~ends that the City Council approve the license agreement at the
next available Council meeting notwithstanding the broad indemnification
provision in the agreement.
ALTBU~TIVES:
1. Direct staff to place the license agreement as currently drafted on the
next available City Council meeting agenda for approval (staff
recommendation).
2. Disapprove the inclusion of the indemnification provision in the license
agreement and direct staff to commence eminent domain proceedings to
acquire an easement interest in the property.
ATrACI!I.3ITS:
Page 3 Location and Vicinity Hap
Pages 4-12 License Agreement
Pages 13-15 Letter dated June 2, 1992 frolit Best, Best & Krteger
Page 15 Henmrandem dated June 18, lgg2 from Robert Graham
Page 17 Fax dated June 26, 1992, frem Southern Pacific Railroad
8H:wp
.,
' Southern Pcxcifi
Tronsportcxtion Compcxny
Southern Pacific Building . One Market Plaza · San Francisco, California 94105
~. E. FOULER
DIRECTOR
CONTRACTS AND JOZNT FACILZTZES
924 990/314.4 * 54
June 30, 1992
FEDERAL EXPRESS MAIL
Mr. Felipe Molinos, P. E.
City of Fontana
8353 Sierra Avenue
Fontan~, CA 92335
Dear Mr. Molinos:
Attached are two revised originals of page 3 of proposed
license agreement between Southern Pacific Transportation Company
and City of Fontana concerning a 27-inch waste water pipeline at
Bloomington, California.
If satisfactory, please insert the revised originals of page 3
in the duplicate counterparts of agreement and arrange for
execution of the counterparts on behalf of City of Fontana. Upon
execution, please return the counterparts marked "SPTCo" together
with your check in the amount of $405 to Southern Pacific
Transportation Company, Mr. John Ivanusich, 1200 Corporate Center
Drive, Monterey Park, California 91754, for his further handling.
We are in the process of preparing an easement to replace the
above license.
Yours very truly,
Attachments
Form C.S. 3400 Approved as to= x by General Oouneel LPR.lzn. Cnyof[on 9 990/314.4 * 54 ~ay 26, 1992
Revised: Apri~ 24, 1992
Page 3 of 6
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,-
Licensee will be advised as to 'the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowedby law, Licensee agrees to release,
defend and indemnify Licensor from and against any and all
liability, cost and expense for injury to or death of persons and
damage to or destruction of property (including, but not limited
to, the property and employees of each of the parties hereto), when
arising or resulting out of or in any way connected with the
performance of work under this Agreement, except when due to the
sole negligence, gross negligence, willful misconduct or criminal
actions of Licensor, its subcontractors, agents or employees. This
covenant of indemnity shall continue in full force and effect
notwithstanding the full payment of all sums due under this
Agreement, or the satisfaction, discharge or termination of this
Agreement in any manner whatsoever.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation or damages for taking
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licenses will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the o~n~er of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to and shall
indemnify and hold harmless Licensor, 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 Licensee, its
subcontractors, agents or employees under this Agreement. It is
the express intention of 'the parties hereto, both Licensee and
Licensor, that the indemnity provided for in this paragraph
indemnifies Licensor for its own negligence, whether that
negligence is active or passive, or is a concurring cause of the
injury, death or damage; provided that said indemnity shall not
protect Licensor from liability for death, injury, loss or damage
arising out of the sole negligence, gross negligence, wilfull
misconduct or criminal actions of Licensor, its officers, agents
and employees.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Liceriser, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned or 'taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation. or damages for taking
~orm C~S. 3400 AppToved as to ~ by General Counsel LPR.lzn. CtyofFon ~90/314.4 * 34 ~y 26, 1992
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to and shall
indemnify and hold harmless Licensor, 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 Licensee, its
subcontractors, agents or employees under this Agreement. It is
the express intention of the parties hereto, both Licensee and
Licensor, that the indemnity provided for in this paragraph
indemnifies Licensor for its own negligence, whether that
negligence is active or passive, or is a concurring cause of the
injury, death or damage; provided that said indemnity shall not
protect Licensor from liability for death, injury, loss or damage
arising out of the sole negligence, gross negligence, wilfull
misconduct or criminal actions of Licensor, its officers, agents
and employees.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation: In the event all or any portion of
Licensor's premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation or damages for taking
FAX CITY 0F
CAL I FOR N IA
COMMUNICATIONS
FROM FAX NO. [714] 350-6618 0
PLEASE DELIVER THE FOLLOWING PAGES TO: /~ssr, N
NAME: (~, 5~oTT' ~E'/--/IV 5'4l~'-~ H. tlN~ ~
LOCATION: 5o ~, r~S~~, ~ · T
FROM: F~ /,'~ NO /,'~0 ~ N
LOCATION: ~. ~JV./d"~ OF ?O~M'A
ACCOUNT NO. 07/- 725/ PHONE: 7/~ ~0- 66~( A
TOTAL NUMBER OF PAGES: 2 DATE: ~/~/fz TIME:/O: 03
(including cover s~)
MESSAGE: ~/S /~ ~E L~U~ ~F F~~'
/
~ ~ f/~ cc:
FAX CHARGE ~~AGE (EXCLUOING COVER SHEET) $1.50 THEREAFTER.
PLEASE MAKE CHECK PAYABLE TO ~FONTANA IN THE AMOUNT OF $
ANO MAIL TO: CITY OF FONTANA, ~OX 518, FONTANA, CA. 92334
FROM: name c~ fi ~m
address phone no.
NOTE: PLEASE RETURN THIS COVER SHEET ~ITH PAYMENT
(ACC.NO.010-0316-2300)
~AN. 1992 SKY--
inJu~ ~o ~he system(s).
Licenses, at leas~ five (5) days prior to per[o~ing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Talecom-
munications Company control n~er. Licenses will be advised if a
teleco~unications system is buried anthers on or ~bout the
premises of Licensor in the location where Licenses will perfo~
such digging activities If there is a teleco~unica~ions system,
Licenses will be advised as to the o~er of the teleco~unica~ions
system ~nd provided instruc~ions on arranging for a csble locator'
and will be advised whether relocation or other protection for the
~eleco~unications system is required prior to beginning any work
on the premises of Licensor.
6. To ~he extent allowed by law, Licensee agrees to and shall
indemify and hold hapless Licensor, i~s officers, agents, and
employees from and against any and all claims, demands, losses,
d~ages, causes of action, suits, and liabilities of eve~ kind
(including reasonable attorneys' fees, court costs, and other
expenses related thereto) for inJu~to or death of a person or for
loss of or d~age to any property, arising ou~ of or in connection
with any work done, action ~aken or pe~tted b~ Licenses, its
subcontractors, agents or employees under this Agreeant. It is
the express intention o~ the parties hereto, both Licensee and
indemitv
~& c r for i=s o~ nag t
negligence Is active or ~ssive, or is a concurring cause o~ the
death or dege; provided that said inde~ity shall not
Licensor from liability for death, inJu~, loss or d~age
iarising out of the sole negligence, gross negligence, wilfull
~.misconduct or criminal actions of Licensor, its officers, agents
~nd employees.
The tam "Licensor" as us~ in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Conde~ation~ In the event all or any portion of
Licensor's premises shall be condemed or taken for public use,
Licensee shall receive compensation only for the taking and
d~aging of said structure. ~y compensation or d~ages for taking
JUN ~Z6 '8~ J~O SP/AMTRAK-SAN FRAN.CA ~ PAGE.O~
would ~ot have been incurred exoep~ by reason of the use o~ t~e
premises by Licensee~ ire agents, employees or ~nvi~ees including
relocation costs or any damages incurred by such owne~ due to
inJur~ to the syStem(s).
Llceneee, at lees~ ~i~e (5) days prior to periorming any
digging ac~ivi~ies on the pr~misee o[ Liceriser, 2ust Cell 1-800-AT-
FIBER (available 24'hours) ~ receive a Southern Pacific Teleccm-
m~lcetion9 Compan~ e~t~l G~er. ~censee will be advised if a
teleco~uni~atio~e syst~ ~s buried anthers on or a~ut the
premises o~ Lieonset in the louatio~ ~here Licenses will perrum
such digging acti~ities. If there Is a t~leuomunica~ione s~stem~
Licenses will be edvis~ as to the o~er cf ~e teleco~un~cations
syst~ and provided instructions on ~ranging ~or & cable loca~or
and will he advised whether relocation or o~er p~otection ~or the
~elec~unicntions s~et~ is ~qui~d prior to beginning an~ work
on ~he premises o~ Liuensor.
6- To ~e extent sliced ~ law, ~censee agrees to mlea~e,
defend and lnd~l~ ~censor from. and ngainst ~y ~nd all
liability, cost ~d expense for inJu~ to or death o~ ~=son8 ~nd
dang6 to or destruction of pretty (lncl~ing, but not l~ited
~o, ~he p~pertyand~pl~ees o~ch of the p~ies he~eto), when
arising or ~esul~ing cut of or in ~ wa~ co~ected with the
per~oman~e of ~rk ~der this ~reemsnt, exeep~ ~en due to the
8ole negligence, gross negligence, wiil~ul~sconduct o~ urinal
ac~lon~ of Licen~or~ i~s su~ontractors, agents or~loyeeB. This
covenant of indemity s~ll continue in full [orce and e~fect
no~wi~hs~anding ~he ~ull pa~ent o[ ~11 e~s due ~de~ ~hiB
~e~en~, or ~he sat~8~ctlon, discharge or te~natlon o[ this
~re~en~ In any~eE whatsoever.
~e te~ "LiceReef" as used in th~ section 8~all Include the
successors, assi~s and af[ilia~ed u~panies o~ Licensor, and ~y
7. Condeletion: In ~he ~ent all or ~n~ portion of
Mcensor's praises shall ~ cond~ed or taken ~or ~lic use,
Licenses shall r~eive comp~eation ~ly ~o~ ~e taking and
~aging of said e~zuctu~6. ~y c~per. sntion or d~a~s for taking
TOTAL PAGE.O~ ,~
CAL I FOR N IA
COMMUNICATIONS
FROM FAX NO, [714] 350-6618 0
PLEASE DELIVER THE FOLLOWING PAGES TO: N
NAME: SI~V',~'A] C. J~ /5 ,,:)c,
LocATio,: T
LOCATION: ~.~ ~~ ~ E~6-
ACCOUNT NO. ~/' 2~fi PHONE:
TOTAL NUMBER OF PAGES: Z DATE: ~'~?NE:: T
(~nclud~ng cover sheet)
MESSAGE: ~ ~ ~
CC:
AND MAIL TO: CITY OF FONTAN~'~.O.BOX 5~8, FONTANA, CA. 92334
FROM: ~..
n~me ~,,~. company / firm
address phone no.
NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT
(ACC.NO.010-0316-2300)
JAN. 1992 SKY--
,~ JUN ~B '~ 1~7 SP/AMTRAK-SAN FRAN.CA ~m~ PACE.e2
TD ~he exten~ allowed by ~=w~ Licenses ag~es; tD ~elease~ d~fend and
indemnify Ratit-gad f~oe and against any 8nd all liability, ~ost and
each Qf the paP~ies berets), when BriminS
way connected
HheR due ~u ~he~eole~negligenc
oP ~Plmtnal a~i~'~ of Ltdsn~ar, its s~bcantPactaPh agents o~ empleyees.
Tht~ esve~an~ ~ indemnity shall =onttn~e in full foP~s and effect
notwithstanding/the ~ull payment uf all s~m~ due unde~ ~his RGPeeeen~,
uP the satisfaction, dte=he~e u~ ~e~mlnati~n of this AgPeement in
~y msnner' Wha~sOevep.
TOTAL PAGE.O~ ~
BEST, BEST & KRIEGER
LAWYERS
400 MISSION SQUARE
DALLAS HOLMgS' ~UGENE TANAKA DENNIS M~ COTA MARY [ GILSTRAP TELEPHONE (714)68~-1450
3~ne 2, ~992
ATTORNEY-CLIENT
BY FEDERAL EXPRESS PRIVILEGE
Felipe Molinos
Principal Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Re: Southern Pacific License
Dear Felipe:
Enclosed are two originals of the Southern Pacific
License Agreement which I received yesterday from Southern Pacific
Transportation Company. The agreement satisfactorily incorporates
the changes which Ms. Janie Wahler and I discussed on the telephone
several months ago. As you and I have discussed, Southern Pacific
was agreeable to making certain of the changes which we requested.
However, like LACTC, Southern Pacific has remained intractable on
many issues. Discussed briefly below are our continuing concerns
with the license. The City will need to weigh these concerns when
considering whether to enter into the agreement.
1. Section 4 of the license gives Southern Pacific complete
discretion to determine whether the City's construction work
satisfactorily complies with the plans approved by Southern
Pacific. We had requested several changes which would have
tempered that discretion somewhat. Southern Pacific has refused
those changes. With the language drafted as is, the City runs the
risk that Southern Pacific could unreasonably withhold approval of
the project once constructed. In such case, the City would have no
SCD 113878
Felipe Molinos
June 2, 1992
Page 2
recourse but to reconstruct the facility as requested by Southern
Pacific.
Section 4 also requires the City to pay for the costs of
any tests on the City's facilities order by Southern Pacific. We
have argued that Southern Pacific should be required to pay for the
tests if they did not reveal any defective workmanship on the part
of the City. Southern Pacific refused this request. However, it
did agree to limit its discretion to ordering only "reasonable"
tests on the facility. While this is not as strong as our
requested revision, it does provide the City with some leverage to
resist frivolous testing.
2. The indemnification provision requires the City to defend
and indemnify Southern Pacific from any liability resulting under
the agreement. The license expressly requires the City to
indemnify Southern Pacific for Southern Pacific's own negligence]
unless that negligence amounts to "gross" negligence. This is a
very burdensome indemnification provision. Generally, if the City
chooses to indemnify a party, that indemnification obligation is
limited to injuries resulting from the negligent acts of the City.
A blanket indemnification provision which requires the City to
indemnify Southern Pacific for all of the City's acts and for
possible negligence of Southern Pacific is far beyond that
generally accepted by the City. U~n~"~hern Pacific
~fused to r,~Q~si~e~.~s .~n~emnifi~ati~'~ 'ian~u~"'and th~
~e~i~_mdSt choose ~he~er tha aCce~~ ~h~='a~&~"~"is or
3. This license, like the LACTC license, allows Southern
Pacific to terminate the license on short notice. As we explained
in our LACTC letter, such termination could have significant
practical and fiscal effects on the City.
Unlike LACTC, however, Southern Pacific has indicated a
willingness to enter into an easement for the property in question.
The easement would replace the license and would give the City a
long-term interest in the property. We have not seen a copy of the
easement yet, but if it is as Southern Pacific describes, we
believe that the easement should alleviate the city's concerns
regarding early termination.
4. Finally, Section 14 on pages 5 and 6 of the license is a
new section which was not included in Southern Pacific's sample
agreement, It requires the City to pay $100 a year to retain the
license. If this license is supplanted by an easement, this annual
payment should cease.
SCDl13878
Felipe Molinos
June 2, 1992
Page 3
Please call me with any questions.
Very truly yours,
for Best, Best & Krieger
City Attorneys
City of Fontaria
SCD/des
Eric1.
co: Jay M. Corey
Bob Weddle
Clark H. Alsop
Stephen P. Deitsch
SCD 1138?8
Form C.S. 3400 A~proved as to ' -m by General Counsel LPR.lzn. C=yofFon .990/314.4 * 54 Mmy 26, 1992
Revisedf April 24, 1992
Page i of 6
RELMIS: B-531.93-X(N)
UNDERGROUND PIPELINE
(SEWER - WATER - STORM DRAIN - ETC.)
THIS AGREEMENT, made this day of , 1992, by
and between SOUTHERN PACIFICTRANSPORTATION COMPANY, a corporation,
(Licensor), and CITY OF FONTANA, a public body, address: 8353
Sierra Avenue, Fontana, California 92335, (Licensee);
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the
right to construct, reconstruct, maintain and operate, subject to
the terms of this Agreement, a 27-inch sanitary sewer pipeline
within a 54-inch casing (herein called "structure"), at or near
Bloomington, County of San Bernardino, State of California, in the
location shown on the attached print of Drawing B-531.93-X, sheet
1 of 1, dated January 24, 1992.
This grant is subject and subordinate to the prior and
continuing right of Licensor, its successors and assigns, to use
all of its property in the conduct of its business, Licensor
reserving full rights, consistent with the rights herein granted,
to construct, reconstruct, maintain and operate existing and
additional transportation, communication, pipeline and power
facilities upon, over and beneath its premises.
2. Identifying Markers: Markers in form and size
satisfactory to Licensor shall be installed and constantly
maintained by Licensee at Licensor's property lines or such
locations as Licensor shall designate and shall be relocated or
removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty by Licensor that there are
no subsurface installations.
3. Costs: Upon execution hereof, Licensee shall pay Licensor
Four Hundred Five Dollars ($405) partially to defray cost of
handling.
Form C..S. 3400 Approved as uo ~--~n by General Counsel LPR.lzn. CuyofFon 9"~ 990/314.4 * 54 May 26, 1992
Reviseda April 24, 1992
Page 2 of 6
Licensee shall bear the entire cost of constructing,
reconstructing, maintaining and operating said structure on
Licensor's premises. Licensee shall reimburse Licensor for all
cost and expense to Licensor in furnishing any materials or
performing any labor in connection with such work, including, but
not limited to, installation of falsework and other protection
beneath or along Licensor's tracks, and furnishing such watchmen,
flagmen and inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be
constructed, reconstructed and maintained in accordance with plans
approved by Licensor within a reasonable period of time. Approval
by Licensor shall not constitute a warranty by Licensor that such
plans conform with federal, state and/or local codes and'
regulations applicable thereto. All work upon or in connection
with said structure shall be done to Licensor's satisfaction at
such times and in such manner as not to interfere with Licensor's
operations. In the construction, reconstruction and maintenance of
said structure, Licensee shall keep Licensor's premises in a neat
and safe condition, failing which Licensor may do so at Licensee's
expense. If required by Licensor in its use of Licensor's
premises, Licensee shall reconstruct, relocate or alter said
structure. Except in emergencies, Licensee shall give Licensor
five (5) days' written notice of the day and hour it proposes to do
any work on said structure.
Licensee shall cooperate with Licensor in making any rea-
sonable tests it requires of any installation or condition which in
its Judgment may have adverse effect 0n any of the facilities of
Licensor. All costs incurred by the tests, or any corrections
thereafter, shall be borne by Licensee.
No change shall be made by Licensee in the commodity being
conveyed through said structure without Licensor's prior written
approval.
5. The rights herein granted are subject to the rights of
Licensor (or anyone acting with the permission of Licensor) to
construct, reconstruct, maintain and operate fiber optic and other
telecommunications systems (systems) in, upon, along, across and
beneath the premises and rights-of-ways of Licensor including the
premises through which said structure shall be constructed.
Licensee agrees to reimburse Licensor and/or the owner of the
system(s) for all expenses which either may incur which expenses
Page 3 of 6
would not have been incurred except by reason of the use of the
premises by Licensee, its agents, employees or invitees including
relocation costs or any damages incurred by such owner due to
injury to the system(s).
Licensee, at least five (5) days prior to performing any
digging activities on the premises of Licensor, must call 1-800-AT-
FIBER (available 24 hours) to receive a Southern Pacific Telecom-
munications Company control number. Licensee will be advised if a
telecommunications system is buried anywhere on or about the
premises of Licensor in the location where Licensee will perform
such digging activities. If there is a telecommunications system,
Licensee will be advised as to the owner of the telecommunications
system and provided instructions on arranging for a cable locator'
and will be advised whether relocation or other protection for the
telecommunications system is required prior to beginning any work
on the premises of Licensor.
6. To the extent allowed by law, Licensee agrees to and shall
indemnify and hold harmless Licensor, 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 Licensee, its
subcontractors, agents or employees under this Agreement. It is
the express intention of the parties hereto, both Licensee and
Licensor, that the indemnity provided for in this paragrap=h
indemnifies Licensor for its ~wn negligence, whether that
negligence i~'active o~"~a~s'sY~ or is a concurring cause of the
.i~Jury, death or damage; provided that said indemnity shall not
p~6tect Licensor from liability for death, injury, loss or damage
arising out of the sole negligence, gross negligence, wilfull
,~Fmisconduct or criminal actions of Licensor~ its officers, agents
and employees.
The term "Licensor" as used in this section shall include the
successors, assigns and affiliated companies of Licensor, and any
other railroad company operating upon Licensor's tracks.
7. Condemnation .' In the event all or any portion of
Licensor's premises shall be condemned or taken for public use,
Licensee shall receive compensation only for the taking and
damaging of said structure. Any compensation or damages for taking
Page 4 of 6
said premises or Licensee's interest therein awarded to Licensee
shall be assigned by Licensee to Licensor.
8. Termination: This Agreement may be terminated by either
party hereto by giving ninety (90) days' written notice to that
effect to the other party and Licensee shall there upon remove said
structure and appurtenances and restore thepremises of Licensor to
Licensor's reasonable satisfaction failing which Licensor may
arrange to do so at Licensee's reasonable expense.
If Licensee makes default in respect to any covenant or
condition on Licensee's part hereunder and fails to correct such
default within thirty (30) days' after receipt of notice from
Licensor so to do, Licensor may forthwith terminate this Agreement'
by notice to Licensee.
9. Environmental Protection: Licensee 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 waste and air
quality, and furnish satisfactory evidence of such compliance upon
request of Licensor.
Should any discharge, leakage, spillage, emission or pollution
of any type occur upon or arise from the premises covered hereunder
as a result of Licensee's use, presence, operations or exercise of
the rights granted hereunder, Licensee shall i~ediately notify
Licensor and shall, at Licensee's expense, be obligated to clean
all property affected thereby, whether owned or controlled by
Licensor or any third persons to the reasonable satisfaction of
Licensor (insofar as the property owned or controlled by Licensor
is concerned) and any governmental body having Jurisdiction in the
matter. Licensor may, at its option, clean Licensor's premises; if
Licensor elects to do so, Licensee shall pay Licensor the
reasonable cost of such cleanup promptly upon the receipt of a bill
therefor. Licensee agrees to release, indemnify and defend Licensor
from and against all liability, cost and expense (including,
without limitation, any fines, penalties, Judgments, litigation
costs and attorney fees) incurred by Licensor as a result of
Licensee'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
Agreement is in effect or thereafter, unless such liability, cost
or expense is proximately caused solely and exclusively by the
Page 5 of 6
active negligence or wilfull misconduct of Licensor, its officers,
agents or employees.
10. Contractors: No work on Licensor's premises shall be
commenced by any contractor for Licensee until such contractor has
entered into Licensor's standard Contractor's Right of Entry
agreement covering such work.
11. Non-assignability: This Agreement is not assignable, in
whole or in part, by Licensee without Licensor's prior written
consent.
12. Liens: Licensee shall pay in full all persons who perform
labor on said premises for Licensee, and will not suffer any'
mechanics' or materialmen's liens to be enforced against Licensor's
premises for work done or materials furnished at Licensee's
instance or request. If any such liens are filed thereon, Licensee
agrees to remove the same at Licensee's own cost and expense and to
pay any Judgment which may be entered thereon or thereunder.
Should the Licensee fail, neglect or refuse so to do, Licensor
shall have the right to pay any amount required to release any such
lien or liens, or to defend any action brought thereon, and to pay
any Judgment entered therein, and the Licensee shall be liable to
the Licensor for all costs, damages, and reasonable attorney fees,
and any amounts expended in defending any proceedings or in the
payment of any said liens or any Judgment obtained therefor.
13. Said structure shall be installed in accordance with
minimum requirements of Form CS 1741, also attached and made a part
hereof.
14. As a part consideration for the permission herein given,
Licensee shall pay to Licensor as rental the sum of One Hundred
Dollars ($100) per annum payable annually in advance. Acceptance
by Licensor of rental in advance shall not be construed as a waiver
by Licensor of its right to terminate as set forth in Section 8
hereof.
The rental shall automatically and without notice to Licensee,
be adjusted, upwards only, on each anniversary of the effective
date of this Agreement, by the CPI Factor as indicated on the
Consumer Price Index, Urban Wage Earners and Clerical Workers,
U. S. City Average, All Items (1982-84 = 100), ("Consumer Price
Index"), published by the United States Department of Labor, Bureau
of Labor Statistics, or any successor or substitute index published
[orm C.S. 3400 Approved as to fc~m by Gene=al Counsel LPR.lzn. CtyofFon 954 990/314.4 * 54 May 26, 1992
Revised: April 24~ 1992 ~ ~m~
Page 6 of 6
as a replacement for the Index by any United States governmental
agency. The "CPI Factor" is the percentage of adjustment stated in
the Consumer Price Index (indicated in the previous sentence)
established during the last available twelve-month period
immediately preceding each anniversary of the effective date of
this Agreement, adjusted to the nearest one-tenth of one percent.
In addition to or in lieu of the above, Licensor may, at any
time, increase the rental without reference to the CPI Factor by
giving Licensee, thirty (30) days' notice of such adjustment and
its effective date.
The rental, as so increased, shall be effective as of each
anniversary of the effective date of this Agreement if increased by.
the CPI Factor, or as of the effective date of any other increase,
notwithstanding Licensor's acceptance of a lesser amount and
notwithstanding any billing by Licensor for a lesser amount.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate the day and year first herein
written.
LICENSOR
By ( T~e ) Ma &er 0 ads
LICENSEE
By
(Title)
INFORNA110fi GY APPLICANT '.
~ ,o,-~A,L~ SUOST~,,~ ~ __ _.~=:__ ,~'~, ~7~'_L'.~.:":"'~::'::::..'~:::::
v~sEc....,,.~ .............sHT ~,~ .......
- ~ c,.e.L~,,..~ .Z,~:_~::.~:..Z ........
o~w~ .~Ze.,.L ................. ~'~..... ....2 ...... ~ ~ '
F~ $UOST~ICE PIP~iI~' ~AS5 LOCATION "*'~" ~$iGII FACTOR "'~'* ST, LOUIS S~ES~N flY. C0.
~ ................................. S~lERN PACIFIC CHICAGO ST, LOUIS C01{P
~ d~ .rid k~etrimnrd to 1~ foilr~ FOR NON-FL~MABLE ~BST~CES
ACROSS ~ ~ONG RIGHT OF WAY
7. ~ DF mSTN. L~O~
~o. ~o. OF ~m Casin~ Requirements
Th pipe ,e A ee~t ond Coatroc f, Right of Entry Af~t ,has Flare ~
T~le ~ 7able ~
Steel Cosine
Table for Deter~ning Miniram ~ze of Casing (~sin9 ~th Prot~llve Coalleg)
I 172' s I/? I0' IS' 20' ZO' 14' 18' 24' O.SIE' 54' 0.T~9= SOU~ERN PACIFIC LINES
) 2' 4' I? 22" 22' 22' IS* 20' 26' 0.344' 56' ~ 58' 0.750' COMMON STAND~D
' ~. ~- ,6- ~- ~6' z~- ~o. ~4' ~o- o.4os- ~z' o. m3- PiPE LINES
4' 8' 20' ~0' ~0' 3~ 26' 32' 34' S 36' 0,469' 66' S SS" 0.875' FOR NON-FLIM~LE ~BST~CES
6' ~0' E~- ~s' 3s- ~6' 30. ~6' 38- 0.500, 70- 0.906- ACROSS OR ~0~ RIGHT OF WAY
C.S-'
]741
L ,~.,, ,-~'~c~:'.-'~' ~,,~,%. %"-~, ,,,-""- ,~-,.,· ,,~.~, o~_.',~,P~'.'~,'~Ij;~: ~,.~--.~,. T..,,., .,..,,:,-..,.,, ,. -.,-,., ;.~_,-,,,, ,,.
,. F~,'. ,. ~ .,., ~. ~. -~..--,.., ~.,,~, ,.-,., ,~ ,-,., --. ,.- ,,. -.,-,;,..' "'~.~%".,~..,. % ,.,'~' b'. ,'~.,"~' '...:.,.,-,~, -
,~.m..
,,, ~,..-,.,~==~,o~:;~.~ -:.-.=.,. _, _,. ,~..:,-,= ~:. ;,;,.-,, ,:., .,:_--J~,..=.,
~,~,~,~,,~.~;,~.,,.,._.,.~,.~,,~..~,.,..,., ,,. .,,, ,. . .,,,... ., o.o~' ,.-,., ,,.. ,--
eFImle Weeldn~exq~eelrieeetd I, ~ ,ellre~ed. FOR NON-FLM4MABLE SUBSTAI4C[S
ACROSS OR ALONG RIGHT OF WAY
7. ~ ~ mSTNJ. AIION
m. E~nm OF me Casin8 Requirerants
T~le I Tibia
Stel CeslnE
Table for ~ter~nln
I l/2" ~ I/~ I0" 18' 20" 20' 14' 18" 24' O.S~ 54' O.n9' SOU~ERN PACIFIC LINES
s'
4* 8' ~' 3D" 50' 3~ ~' ~2' ~4' & ~6' 0.469" 66' S aS' 0.875' FOR ~-FL~M~LE ~BST~S
s' to' 24' 36- as' as* 3r 36- as- 0.500' 70- o,90s' A~O~ ~ ~ RIGHT OF WAY
CITY OF FONTANA
CALIFORIilA
HENORANDUH
TO: Fellpe Holinos, Principal Civil Engineer
FROH: Bob Graham, Risk Hanagement Consultant
SUBOECT: Review of Southern Pacific License Agreement
DATE: Oune 18, 1992
In reviewing the Southern Pacific License Agreement there is a portion of
paragraph 6 that ! take exception with, That portion being "Licensor for its
own negligence, whether that negligence is active or passive, or is a
concurring cause of the injury". ! have the same concerns that the City
Attorney has concerning this matter, see page 2, item 2 of Steven C. DeBaun's
letter of aune 2, 1992.
This is not within the authority of Risk Hanagement to pick up another entity's
negligence. The authority for accepting this additional risk must come from
either the City Hanager or the City Council. This could be considered a gift
of Public Funds and would be against Public Policy.
If you have any questions, please call me at ext. 7668.
Be/sm
F2020
BEST, BEST & KRIEGER
LAWYERS
~une 2, 1992
CONFIDENTIAL:
ATTORNEY-CLIENT
BY FEDERAL EXPRESS PRIVILEGE
Felipe Molinos
Principal Engineer
City of Fontaria
8353 Sierra Avenue
Fontana~ CA 92335
Re: Southern Pacific License
Dear Felipe:
Enclosed are two originals of the Southern Pacific
License Agreement which I received yesterday from southern Pacific
Transportation Company. The agreement satisfactorily incorporates
the changes which Ms, Janie Wahler and I discussed on the telephone
several months ago. As you and I have discussed, Southern Pacific
was agreeable to making certain of the changes which we requested.
However, like LACTC, Southern Pacific has remained'intractable on
many issues. Discussed briefly below are our continuing concerns
with the license. The City will need to weigh these concerns when
considering whether to enter into the agreement.
1. Section 4 of the license gives Southern Pacific complete
discretion to determine whether the City's construction work
satisfactorily complies with the plans approved by Southern
Pacific. We had requested several changes which would have
tempered that discretion somewhat. Southern Pacific has refused
those changes. With the language drafted as is, the City runs the
risk that Southern Pacific could unreasonably withhold approval of
the project once constructed. In such case, the City would have no
SCDl13878
Felipe Molinos
June 2, 1992
Page 2
recourse but to reconstruct the facility as requested by Southern
Pacific.
Section 4 also requires the City to pay for the costs of
any tests on the City's facilities order by Southern Pacific. We
have argued that Southern Pacific should be required to pay for the
tests if they did not reveal any defective workmanship on the part
of the City. Southern Pacific refused this request. However, it
did agree to limit its discretion to ordering only "reasonable"
tests on the facility. While this is not as strong as our
requested revision, it does provide the City with some leverage to
resist frivolous testing.
2. The indemnification provision requires the City to defend
and indemnify Southern Pacific from any liability resulting under
the agreement. The license expressly requires the City to
indemnify Southern Pacific for Southern Pacific's own negligence,
unless that negligence amounts to "gross" negligence. This is a
very burdensome indemnification provision. Generally, if the City
chooses to indemnify a party, that indemnification obligation is
limited to injuries resulting from the neqliqent acts of the City.
A blanket indemnification provision which Irequires the City to
indemnify Southern Pacific for all of the City's acts and for
possible negligence of Southern Pacific is far beyond that
generally accepted by the City. Unfortunately, Southern Pacific
has refused to reconsider its indemnification language, and thus
the City must choose whether the accept the agreement as is or
redesign the project to avoid the Southern Pacific tracks.
3. This license, like the LACTC license, allows Southern
Pacific to terminate the license on short notice. As we explained
in our LACTC letter, such termination could have significant
practical and fiscal effects on the City.
Unlike LACTC, however, Southern Pacific has indicated a
willingness to enter into an easement for the property in question.
The easement would replace the license and would give the City a
long-term interest in the property. We have not seen a copy of the
easement yet, but if it is as Southern Pacific describes, we
believe that the easement should alleviate the City's concerns
regarding early termination.
4. Finally, Section 14 on pages 5 and 6 of the license is a
new section which was not included in Southern Pacific's sample
agreement. It requires the City to pay $100 a year to retain the
license. If this license is supplanted by an easement, this annual
payment should cease.
SCD 113878
BESTI BEST & KRIEGER
Felipe Molinos
June 2, 1992
Page 3
Please call me with any questions.
Very truly yours,
for Best, Best & Krieger
City Attorneys
City of Fontana
SCD/des
Encl.
cc: Jay M. Corey
Bob Weddle
Clark H. Alsop
Stephen P. Deitsch
$CD 113878
City of Fontana
CALIFORNIA
June 2, 1992
Mr. C. Scott Behm
Assistant Sales Manager
Southern Pacific Transportation Company
1200 Corporate Center Ortve, Suite 100
Monterey Park, CA 91754-7605
Subject: Cypress Avenue Sewer
RE: Sewer Easement (SRN 3242)
Dear Mr. Behm:
Staff has reviewed your May 28, 1992 correspondence for the City to acquire
the easement rights for the sewer crossing of your ftrm's property.
This is to request that you proceed wtth the preparation of the easement
documents pursuant to the terms noted. The payment of the $5,625.00 for
the right-of-way would be at $3.75 per square foot for the fifteen foot
wide by 100 foot long right-of-way.
By resolution of the City Counctl, the undersigned is authorized to accept
easements for the City. Once the documents are received, a request for
payment will be made from the Cypress Avenue Sewer Project account and
forwarded to the designated person In your firm.
Staff wishes to thank you for your prompt response to the office of the
City Attorney tn thelr desire to secure. more permanent rtghts than are
conferred in a ltcense agreement.
Should you have any questions, please contact Mr. Feltpe Moltnos, Principal
Civil Engineer, at 714-350-6641.
Very truly yours,
COMMUNITY DEVELOPMENT DEPARTMENT
Engineering Division
Robert W. Weddle, P.E.
Ctty Engineer
RN~:sh
cc: Community Development Director
Principal Civil Engineer/Capital Improvements
Ctty Attorney
8353 SIERRA AVENUE (P.O. BOX 518) · FONTAN~ CALIFORNIA92334-0518 · (714)350-7600
SISTER CITY -- KAMLOOPS, ~C, CANADA
CITY OF FORTARA
CALIFORNIA
NEMORAI41XJM
TO: BOB WEDOLE
CITY ENGINEER
FROM: FELIPE liOLINOS ~
PRINCIPAL ENGINEER/CAPITAL IMPROVE]qENTS
RE: CYPRESS AVENUE SEllER - EASEMENT FROM SOUTHERN PACXFIC
TRANSPORTATION COMPANY
DATE: NAY 29, 1992
Attached ts an tnformal proposal from SPTC for City acquisition
of a 15 ft. wide, 100 ft. long easement on thetr right-of-way.
As orally expressed by Scott Behm, he will continue to process
after a letter of concurrance from the Ctty.
At present, and as a first step, a license agreement ts also
being obtained from SPTC. (Flnal 11cense agreement ts expected
in first week of June, 1992).
FM:bb
Attachment
c,~v o~ Fo.~A.~ CYPRESS AVE. SEWER
~ ' " " '""""' VICINII~ MAP
~outhern Pocific
REAr. t~
Fontaria - City of Fontana - SRN 3242
May 28, 1992
Mr. Felipe Fiolinos
City of Fontana
Engineering Division
8353 Sierra Ave.
Fontana, CA 92335
Re: Consideration for easement at Milepost B531.93.-X Fontana, California.
Dear Mr. Holinos=
This letter shall confirm our May 28, 1992 telephone conversation regarding
the above-referenced easement. I am willing to recommend to management of
Southern Pacific Transportation Company that consideration for the subject
~::~J'~"~ ?~2 !6~° s.uare feet <15 feet i. width, loo feet in
easement's5 S Consideration is based on a value of $3.75 per
length),
square foot ($3.75 per square foot x 1,500 square foot).
This should not be construed as a commitment of any kind, as all such
matters require formal management approval.
If you have any questions, please feel free to contact me at the number
listed below.
Yours very truly,
C. Scott Behm
Assistant Sales Manager
CSB:g96666/2 (213) 780-6938
C. Sco'rr BEHM
SOUTHERN PACIFIC TRANIFO"rATION ~OMleANy
· : !!i'llST .. '
; tific,ti :, '
Land Area 108,920 ST 1.5000 Ac.
10?,593 if(net) L4T Ac.(netl
Item Subject Item I [tea Z Itel 3 [tel
Transaction T~e ~POSSD fi~ '
Transaction hie i& Oct-89 he-90 Feb-90 -
Pb,ical hat:
Lud Item: .
Acres 1.47 43.5T 4.?? 9.55
Access [MT!FAI~ ~TIA~i [~/i~ [iT/GO IITIt~
Utilities: AVAIL AVAIb ATA~L iVilb AVAB Ii Ii IS n e
Ksrke~
Price. MA I5,064,000 llaeO9,60O 11,560,001
.A ~ I l
Price P~r tq. MA 1iI6,ZZ? $Z09,144 j163,3S1 llff,T4l "
. -';,..:.-,.--;'
..... - ,. -~t. , .~- ~::.~,~::
. ·. .... . - , ~.~. -.. 1....:~-'1'-~. ,~ · .~ < -' .
I "
CITY OF FONTANA
CALIFORNIA
nEv, OnAemm
TO= BOB IIEDDLE
CiTY ENGTNEER
FRO!h FELIPE ~OLXHOS ~
PR/I(Cl'PAL EI(GXNEE:R/CAPZTAL ZNPROVE!!EXTS
RE: CYPRESS AVE]NE SEHER - EASENENT FROH SOUTHERN PACXFZC
TRANSPORTAT/ON COHPANY
DATEz NAY 29, 1992
Attached ts an informal proposal from SPTC for City acquisition
of s 15 ft. wlde~ 100 ft. long easement on their right-of-way.
As ore31y expressed by Scott Oehm, he wtll cont4nue to process
~fter a letter of concurrence from the
At present, end as a first step, 8 11tense agreement Is also
beth obtatned from SPTC. (Final license agreement fs expected
tn first week of 0une, 1992).
FM:bb ~
Southern 'Pacific
Transportation Company
1200 Corporate Center Drive · Suite 100 , Monterey Park, California 91754-7605 · (213) 780-6900
REAL ESTATE
Fontana - City of Fontana - SRN 3242
May 28, 1992
Mr. Felipe Molinos
City of Fontana
Engineering Division
8353 Sierra Ave.
Fontana, CA 92335
Re: Consideration for easement at Milepost B531.93-X Fontana, California.
Dear Mr. Molinos:
This letter shall confirm our May 28, 1992 telephone conversation regarding
the above-referenced easement. I am willing to recommend to management of
Southern Pacific Transportation Company that consideration for the subject
easement,s~,~js~jn~ of 1,500 square feet/~5 feet in width × lO0 feet i.
length), 5,625.00. Consideration is based on a value of $3.75 per
square foot ($3.75 per square foot x 1,500 square foot).
This should not be construed as a commitment of any kind, as all such
matters require formal management approval.
If you have any questions, please feel free to contact me at the number
listed below.
Yours very truly,
C. Scott Behm
Assistant Sales Manager
(213) 780-6938
CSB:gg6666/2
Subject Property Identification:: . =' SOUTS FONTANA,CA
Date of Appraisal: 04-Apt-91 "-
Land Area 108,900 DF 2.5000 Ac.
107,593 SPinet} Z.47 Ao.lnetl
Item Subject Item 1 Item 3 Item 3 item
Traneaction Type P~OPOSED SALE
Transaction Date HA O~t-89 Jan-90 Feb-90 · Ma~-PO Jan-OO Jan-00 Jan-00 Jan-0O Jan-DO
Physical Data:
Land Area:
Square Feet 157,593 1,897,909 207,781 415,968 154,202 1 I 1 1 !
Acre~ 2.47 43.5~ 4.77 9.55
Accee~ IMT/FAI~ [MT/AVER INT/AVER INT/GD [NT/AV~R NA ~A NA
Shape TRIA IRR RECT RECT
Zonir, l IND IMD IND [~D
Utilities: AVAIL AVAIL AVAIL AVAIL AVAIL NA
Market Data
Price. NA $5,064,900 {I,00~,000 $1,560,000
Units/Comparison:
Price Per 8F NA $Z.67 $4.81 $3.75
Price Pe~ A~. NA ~I16,2Z7 $209,644 ~I63,351 ~I97,Y4i
outhern Pocifk:
Tinhal:; t tion Compmny
1 g00 Oorporate Center Drive · 8ulte 10g, Monterey Perk, Gemonie ~1764-7601) · (213) 780-~00
REAL ESTATE
FontanD - City of FontanD - SRH 3242
Nay 28, 1.992
r4~. Feltpe Molinos
Ctty of FontanD
Engineering Otvision
8353 Sierra Ave.
FontenD, CA 92335
Re: Consideration for easement at Nilepost B531.gJ-X FontanD, Cal.ti~ornia.
Dear Mr, No]tnosi
This letter she11 confirm our Nay 28, 1~2 telephone conversation ~gardin
the above-referenced easemnt. I ~ willing to recomend to
Southern Pacific Trens o~adon C~pan that consideration for the' subject
eas~nt, cons~st~n o~ ~,500 square ~et (Z5 feet in width x ~00 feet
]en~h), should be ~5,625.00. Consideration t5 based on e value of $3.75 pe~
square f~t ($3.75 per square foo~ x ~,5~ square
Thls s~uld not be construed as a condiment of an~ kind, as all such
matters require formal management approval.
If ~ou have any questions, please feel free to contact ~ at the number
listed bel~,
Yours very truly,
C. Scott Behm
AsHstan~ Sales
(2[3] 780-69~
'
- ~ ~ S3NR O810~ NMJ~ROS
NOISSI~SN~ ~
MAY ~8 'Sa 15:45 ~ '! ' PAGE,O0a
. ., .,.,. :
VIIiliDs; ' AVl~ , AV~L AYAI~ AV~ aW~ ~ ~ NA Sm ~
hiker Dab ~-'
~[tslCo~arisQn: . '
.. e ' . //
TOTAL PAGE,00~ **
': FAX TRANSMISSION
SOUTHERN PACIFIC LINES .o. oF
PAGI~ t~"""
' .... ' " ~EI~R'IONE ~UMBER
F~'~m:C.8. 949~** Approved ~s to' ~oPm by General Counsel
...' ~LMZS: ........................
::.. .. ...
UNDHR~ROUHD PIPHLI~
'~n~ between SOUTH~RH'PACIPIC T~AH~PORTATIO~ COMPAH~, a
c~r'pcration~ (Ll~e~sor), and
....
: .' 'H~THE~T~: ~,~,~ 'i~""'~
...
.1. ~rant o~ Rights:. L~clnsor hereby ~ranta to ~icenlee the
'~i~'~t'to'~oqstruct, ~eConstruct, amlntatn end operate~ subject to the
... 'te~ms ~ this agreement,
*(h~e'~in ~alled "structure"), at or near
":p~!~ b.~ D~awin~ . v in the location shown on the attached
~'dated
This grant tm subject end subordinate to the p~ioP and eontlnu-
'p~erty in t,he conduct o~ l~a businems, Ll~ensor reserving ~ull
.rights cdnslmtent with the rights herein granted~ ~o construct,
.~eoqstru~t~ maintain and operate existing and addttlenal
t~t.~on~ ~ommunlo~tion, pipeline end power ~acilttles upon, over and
to ~ieensor shall be installed and constantly mminteined by Licenses
a~ Llcensor'm property lined or such lo~atians as Lieenact shall
designate and shall be relocated or removed by Licenses upon request
~ Liceriser. The abeenos o~ ma~k.ers does not constitute a warranty
..by ~i~enSor that there are no subsurface installations.
3, Costs2 Upon execution hereof, ~icensee shall pay LieInset
.FOUR ~U~DRHD FIV~ Dollars ($4e5) partially ~ defray
'ha~ndllng.
v¸ V
s~ru~tn~, milsraisin9 and opmre~ln~
.t~ L~cenaor In ~urn$shlng any materials or performing any labor In
· .'.~Wmcks, mnd ~urniShlng such
';ce~sfnMC~tde reQo~tP~c~ed and maintained ~n accordance ~l~h plans
· e~provld. by L~eenior~ Approval by
'~s~:ran~y by LlcentoP ~het Such plans conform with ~ederal~ state
"ehd'/oP leeaZ codes and reeu!a~one applicable thereto. ~11 work upon
'~an~n ~t such times and tn such manner as not
L~CenlC~rl pPe~$ses~ Liecrimea shall reac~~e oP ml~eP
· '.'~dr~d ~y the tests, or any correctSans thereafter, shell be borne
.5~'*Llc~h.see.
~o ~h~nge shell be made by ~lcaneee In ~he commodity being
~e~mmuhlcet~Ons systems (systems) in, upon, aZon~. ~cPcse and
beneath the premises ~nd r~gh~-o~-w~ys o~ ~l~ensoP including ~he
System(s) PoP all expenses which e~ther may Incur which egresses
wo~ld not have Incurred except by reason ~ the use c~ the premises
by L~enleis its geentis employees or invoices including reloo~lOn
mos~s o~ any damages incurre~ bY such owner due to injury to she
*s~stem(s).
B00'BDU~ Nd A3BBINON-DNHBN3-BS WOB~ OG:B BB, S
In ~ddition to other provisions of this agreement requiring
Ll6enaee to girt na%i~e prlo~ to eammenein~ wor~ Licenses shall
telephone Licenear mt i-ae~-28)-423p (~ 24-hour number) to determine
i+ a tellcommunications system is h~ri~d ~nywhePe on or about the
pretl$e~ defined or included hiPsin. I~ it is, Licenses will tele-
phone the owner ~ the system designated by Ll~ens
'death o~ a persons 6r ~o~ lois o~ br damage to any proper~y,
oe.~ ~ or Ln eehneetion with any work done~ action taken oP permitted
by ~leensee~ its sube~nt~aetora~ agents mr emplbyeas under this
L ~e~ee {nd Lieehso~ ~at the indemnity provided ~or in this
. paragraph tndemn~les Lt~ansor ~or i'ts own negligenee, whither that
-negl&geael is active or passive.' or . concurring cause o~ the InJu~ye
dW,at~ or damags~ providt~ that said Indemnity shall not protect
.~ce~or from liability ~er dea~h~ lndury
,~i'.Sole negligence or erl~l'nal actlone o~ LiesneaP,
.m~n~s and 'empl~yeem,
The ~erm "LleeneoP" em used in thi~
.Iu~c~ltbrs, assigns and m~illated companies o~ Lteensor~ and ~ny
?. Condemnation{ Zn ~he event all or any pgP~o~ o~ Lieeneor's
pPemiles shill be condemned or taken ~or public use, Liceriles th~ll
reamlye compensation only ear the taking and damaging ~ said itrue-
· ~u~e, A~y compensation or damages fop ~sktng
~eensee's intePe~ ~hePdln a~arded to Likensee shall be emilened by
Ll~ensee to
8- farminmtton: This agreemen~ may be ~ermin~ed ~y Either
party hereta by giving thirty (38) days' wrlt~ee nu~i~e to that
e~e~t to the other party end ~iemneee Shall thereupon remove said
structure and appurtenances and restore the premises
~leensor~s satis~aetton ~etling which ~leenso~ may er~ange t~ do so
It ~lcwnwee's expense.
m m
B00'3~UB Hd A3~3£HON-~NB~N3-~ NOBd ~:B BB~ ~ ~3~
· lon ~n ~lcmnsee's pE~t hereunder a~d ~alla ~o corre~ such
Ll.~ensee,
9, ~nv~ronment~l Pro~e~ienl. ~icenaee sha11~ at its expense~
comply t~th ~1~ ~ppZ~eabla l~wss regulat~ons~ rules and orders
:l:(~&~(on, those Pela~i~g ~o heal~h~ sa~e~yw ne~se~ environmental
Ll~enso~ ~nd ,hell, =~ Li~ense~'w ~ense, be eb~g~ed ~o c~e~n
..:.~P~P~y affected ~herebys whether owned ~r ~on~r~lled by 6leeRsor
'an~'.~hlrd persons ~o ~he satisfaction o~ ~leensor {inso~r es ~he
.!~ 1~ ~ptionm clean LicenipPle premises; i~ Lieensor elects ~o do
e~d e~penle (Including, without limitation, any ~1nel,
'dudgme~s~ litigation eoi~m and attorney ~aes] Incurred by ~tcenlor
.'.i~e~Y by ~he active neg. l/gen~e of ~teensor, it~ o~l~ers, agents
.19, d~n~r~c~o~S~ NO WOrk o~ ~iCenmoP'a premises shall be
eolmen~ed by any contrzcto~ for Licehere until such contractor hem
· ~fitered into Licensor's standard Cofi~Pac~oP~s Right o~ ~h~y ~geee-
ment covering such work,
-4-
~00'9~Ud HH AIBI£NOW-SNHSN]-dS WOBH 1S:8 ~B, S EIH
labor on ~eid premises ~or L~ee~ee, and will net su~er any
p~mi~es ~ar ~rk done oP ~a~eriats ~urn£shed a~ Llcensae'~ lns~anee
remove ~h~ s~me a~ Lloe~see'a own ~o~ lnd e~po~e End
'Judgme~ v~Lch ma~ be entered ~hereoq or ~hereundeP. ~hould
.r~ht ~0 ply why Imeun~ pe~u~red ~s release any such l~en
o~.%o de~end any mellon brought thereon~ and %e pay shy Judgment
e,~ered therein, and the ~ieensee shall be liable
.~p~nded .~n ~efendin~ any pPoeeedinfs or in ~he paymen~
p~quir~en~i o~ Form C~S."1741~ miso a~aehed and made
,. .:,..
· " p~ms~n~a %~ be exeeu~e.6~.~.~he diy lnd year ~lrs~
8y .............
(TItle)
~d A3B~INO~-~NHgH3-d5 IJOBH BC:B ~B, J ~3~
BEST, BEST & KRIEGER
LAWYER8
May 12, 1992
Janie Walher
Southern Pacific Railroad
1 Market Plaza
Room 1004
San Francisco, CA 94105
Re: Cypress Avenue Sewer Project
Crossing of S.P.T. Co. Main Line to East Yard,
Bloomington Station. Route No. B MP 531.93 Fontana
Dear Ms. Walher:
This is to confirm our conversation yesterday regarding
the City of Fontana's license agreement at the above-referenced
location. I understand that barring no unavoidable delays, you
anticipate that the license agreement will be completed by the end
of this week or early next week. At that time, Southern Pacific
will provide to the City of Fontana a copy of the agreement for its
consideration and execution.
You also agreed to initiate work with Southern Pacific's
real estate department to finalize an easement which would ~eplace
the license agreement for the project. Unless there are unforeseen
circumstances, I trust from our conversation that the easement
should be ready for execution within a month.
If my understanding of our discussion is incorrect,
please let me know. Also, if you anticipate a later completion
date for the license or easement, please let me know immediately.
The City of Fontana is extremely anxious to commence this project
SCD110470
~EST, B~ST & KRIEGER
~anie Walhe~
~y 12~ ~992
~aqe ~
as soon as possible, and your prompt attention to this matter is
appreciated.
Very trulyyours,
na
SCD/des
cc: Robert Weddle, City of Fontana
Felipe Molinos, City of Fontana
SCD 110470
BEST, BEST & KRIEGER MAY 3
LAWYERS
cnY ENeNEEn'S
All rl luR L LI rTLEWORTH*DOUGLAS ~ pHILEIpS* MATT H MOBRIB ~AIN[ E. I IlLL ISSr( N 8QUARE
GLEN E STEPlIENS* ANTONIA 6RAPHQ~ JEFFREy V. DUNN KEVIN K RANDOLPH 5l~g UNIV~I~
WILLIAM R. QeWOLrg' GREGORy K WILKINSON ~T~VEN ~. DeBAUN JAMBS B GILPIN pOST OFFICE BOX
BARTON C. GAUT* WyNNE 5, FURTH B~ANT I h DV~IRIN MARSHALL ~. RUDOLPH
PAUL f. SBLZBR~ ~AVID L. BARON ERIC L. GARNER KIM A. BYRgNS RIVERSIDe, CALIFORNIA
DALLAS I IOLME5" EUGENE TANAKA DENNIS M' CO~A CYNTHIA M' GERMANO TELgPHONE (714)686-1450
ClIRISTQPIlER L. CARPENTER' BASIL T, CHAPMAN JULIE HAYWARD BIGGS MARy E, GILSTRAP
12, ~992
Janie Walher
Southern Pacific Railroad
1 Market Plaza
Room 1004
San Francisco, CA 94105
Re: Cypress Avenue Sewer Project
Crossing of S.P.T. Co. Main Line to East Yard,
Bloomington Station. Route No. B MP 531.93 Fontana
Dear Ms. Walher:
This is to confirm our conversation yesterday regarding
the City of Fontana's license agreement at the above-referenced
location. I understand that barring no unavoidable delays, you
anticipate that the license agreement will be completed by the end
of this week or early next week. At that time, Southern Pacific
will provide to the City of Fontana a copy of the agreement for its
consideration and execution.
You also agreed to initiate work with Southern Pacific's
real estate department to finalize an easement which would replace
the license agreement for the project. Unless there are unforeseen
circumstances, I trust from our conversation that the easement
should be ready for execution within a month.
If my understanding of our discussion is incorrect,
please let me know. Also, if you anticipate a later completion
date for the license or easement, please let me know immediately.
The City of Fontana is extremely anxious to commence this project
SCD 110470
BEST, BEST & KRIE:GE:R
Janie Walher
May 12, 1992
Page 2
as soon as possible, and your prompt attention to this matter is
appreciated.
/' City Attorneynta~
SCD/des
cc: Robert Weddle, City of Fontana
Felipe Molinos, City of Fontana
SCD 110470
V RECORD OF TELEPHOM~ CONVERSATION
CITY OF FONTANA
Job
/~/;~/ ZO Project
Organization ~ ~R~
Items Discussed
Comments or Action Required
BST-P906 2/80
SENT BY: ; '~-81-B2; 8:01Arvl; '71~,682183c'~ '71~.350'1U~1;; 1
~ V [CHARGE ~16498,0007]
BES~, BEST & KRIEGER
T.ELEFAXI
Telef~x Number;
FROM: Stcven DeBaun
DAE: Mar~ 31, 1992
TIME: 8:00~
~g CiW of Font~ - ~ce~e Agreement
PAGESg (including t~s cover sheet:) ~ [
MESSA.GI::
I understand from Felipe Molinos of the CIty of Fontaria that you needed an
additional copy of our comments to the license agreement, The City Is anxious
to proceed with this matter quickly, ao pleaae call me at (714) 686-1450 with any
questions.
Thank you.
NOTE: Please call (714) 686-1450, extension 442, if thero is any problem in receiving this
transmission.
c(~.~Felipe Mol~,,~
CAL IFOR NIA
COHMUN/CATXONS
FROM FAX NO. [714] 350-6618 0
PLEASE DELIVER THE FOLLOHiNG PAGES TO: N
NAME: 5 7"~ V_;' ~ C, Z,,'-'-')e'/2j ,::z.
LocATIo.:_ b. - T
FAX NUMBER: 7/'¢ - ~' ,~2 - Z-/~/Z PHONE: 7//)/-/~ o~''/~50 A
FROM: F'~/'/~E' tA'l"l"' :""""e'~ N
LOCATION: ~. oF ,,~;,x.-~,~/-/~'/V'~;. ~/E,',TS'/~¥'
ACCOUNT NO. ~YP/z~S-~ S~r/.d~ PHONE: 7/~- 225~- G~,~{ A
TOTAL NUHBER OF PAGES: ~ DATE: ~//~2TiHE://,2~
(incl udtn9 cover sheet)
MESSAGE: pZ ~ ~IL~ ~ ~ ~Z
CC:
FAX CHARGE iS: $3.00 IST PAGE (EXCLUDING COVER SHE $1.50 THEREAFTER.
AND HAiL TO: CiTY OF FONTANA, X CA. 92334
FROH:
.~ ". / company /
address phone no.
E ~E~LEASE RETU~ THiS COVER SHEET H]TH PAYHENT
· ' . (ACC .N0.010-0316-2100)
OAN. 1992 SKY--
City of Fontana
CALIFORNIA
February 27, 1992
Rr. J. W. Ivanustch, Hanager
Agreements and Contracts
Southern Pacific Transportation Company
1200 Corporate Center Drive
Monterey Parlc, CA 91754
RE~ Cypress Avenue Sewer Project
Crosstrig of S.P.T. Co. Rain Line to East Yard,
B]oomtngton Station. Route No. B R.P. 531.93 Fontaria
Dear Nr. Ivanustch:
In a ]etter to you dated Oecember 9, 1991, the City of Fontaria
requested initiation of the process for execution of a ptpe]tne
agreement for the reference project. (A copy of the letter is attached
for ready reference).
Through contact with Rrs. Adair Wastulc and Hr. Russell 5ho~an of your
office, minor modifications were done to your Form C.E. 41708 and the
internal con~untcatton process with your San Francisco office was
started. In parallel, Rrs. Wastulc transmitted a sample of a typical
agreement to us for our revtew.
At this time, we have comments from our legal counsel, Best, Best &
Krteger, (attached) on the typical agreement and we request that
contact be made with Rr. Steven C. OeBaun from the office of our legal
counsel towards the timely resolutlon of these documents so as to
produce a ftnal agreement that is satisfactory to beth parties.
Because of the cfittc~l need for this pro~ect to be constructed tn a
fast traclc process, we are app~ylng for a license agreement, since we
understand it ts a faster process. We a~so request at this time to
start the process of providing an easement for said purpose, and to
revtew as well tts language with our legal counsel. Nr. Steven C.
DeBaun will be contacting your offtce to follow up on thts matter.
8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
Mr. O. W. IvanusichV
February 27, 1992
Page Two
Agatn, we appreciate any he3p in expediting the processing. If you
have any questions or need additidnal information, please call the
undersigned at 714-350-6641.
Thank you for your attention to this matter.
S~ncerely,
COHHUNITY DEVELOPHENT OEPARTHENT
Engineering Dtvtsion
Felipe Holinos, P.E.
Principal Engineer/Capital Improvements
FH:sh
Enclosures
cc: R. Weddle, City Engineer S. DeBaun, Best, Best & Krteger
N. Tebbets, NBS/Lowry, San Diego
H. Rtebe, NBS/Lowry, San Diego
R. Bueermann, NBS/Lowry, San Bernardtno
D. Hal]aday, Wagner Pacific, Znc.
A. Was~uk, Southern Pacific Transportation
R. Shokman, Southern Pacific Transportation
': ' City of Fontana
R
CALIFO NIA
December 9, 1991
Mr. J, W. Ivanustch, Manager ,Z~}~? ~
Agreements and Contracts
Southern Pactftc Transportation Company i j,t
1200 Corporate Center Drtve ~'
Monterey Park. CA 91754 .~)~ ~ ~
RE: Cypress Avenue Sewer Project
Crossing of S.P.R.R. at 1-10
SPRR File: Fontaria (B.B. 0-531.88-x) / ~v*'
Dear Mr. Ivanustch:
Please find enclosed past correspondence on this project. The City of
Fontaria ts tn the process of obtaining the necessary permtts for the
construction of the Cypress Avenue sewer project. We w~11 be
constructing th4s project starting May of 1992 as part of the C~ty
sewer master plan.
In relatlon to your letter dated September 27, 1990, to the design
engineer, NBS/LowPy, Engineers and Planners, San Otego Office, we have
the following update:
The steel castng to be jacked/bored under the S.P.R.R. l~nes has
been Increased ~n s~ze to a WS&" diameter, for a ~27" V.C.P.
carrter ptpe.
Elevations are shown on proftle.
We are enclostn9 your Fom C.E. 41708, Sheet 1, completed wtth the
pertinent dat, aneisets of appropriate sheets of plans. To date, we
do not hav~a destg!~sotls report; however, we request that your firm
proceed wttli. the procees of execution of a ptpellne agreement. We will
alia nee<~tMrequtremmnts and forms for the contractors r~ght of entry
agr~nt [e tnclude~ttin the btd pickage.
8383 SIERRA AVENUE (P.O. aOX 618) · FONTANA CALIFORNIA e2~1 e · (714) 3~1600
SISTER (~iTY -- ~CAMLOOP~ SCL CANADA
~r. d. ~. Xvanusic~
December 5, 1991
Page Two
The timely construction of this project is vital for capacity relief of
existing lines, and for falling in line with the operation deadline of
Kaiser Permanente Hospital expansion which is now underway.
We appreciate any help in expediting the processing. If you have any
questions or need addtional information, please call the undersigned at
714-350-6641.
Thank you for your attention to this matter.
Sincerely,
COH~UNITY DEVELOPMENT DEPARTMENT
Engineering Division
Feltpe Molinos, P.E.
Principal Engineer/Capital Projects
FH:sh :
Enclosures
co: Robert Weddle, City Engineer
Matt Tebbetts, NBS/Lowry, San Diego
Harry Rtebe, NBS/Lowry, San Diego
SOUTHERN PACIFIC AGREEMENT
INSERT I
Licensor agrees to and shall indemnify, defend and hold harmless Licensee,
its officials, officers, employees and agents 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
Licensor's operation or maintenance of Licensor's property.
SC095947 -4 -
Fo~m C.S. 34~G** A;proved as to' Fo.m by Gene~a! COunsel
Revised.: 4-11-91
~BLMIS:
UKDERGROUHI)
(SEWER - WATBR - ~TQRM DRAIN -
an~ Oe~wlln SQUTRIRH PACIFIC T~AHSPORTATIQH CDMPAHY, a
oorpoPa~lon~ (Liclnsor)~ and
~g~ ~o cons~ru~t~ reconstruct9 m~ln~ain ann opera~m~ subjec~
{h,ePei~ calle~ ns~ruc%ure"), 4~ OP ~IIP s County
sS~/~e o~ ~ in ~he ~oc$~ion shown On ~he
p"~ o~ D~awtng sda~e~
This gPan~ i$ su~ec~ and suboPdlnt~e to the prior and con~lnu-
p~operty in the conduc~ o~ t~l ~uliness, Llcenso~ reserving
Pifh~s consis~en~ ~ith the rights berlin gPln~ld9 ~o constructs
~fconl~ruQ~s maintain an~ oplpl~e existing and additi;na~ trlnlgor-
~at/on~ ~ommunicl%l~n, pipeline an~ powep ~i~iltties upon, over an~
bl,'el~h i~$ premises.
t$ ~i~lns~r shall be installed and constantly mlintlined ~y Licenses
st Ltcenlor's proper~y lines or such locations as Licens~r shall
disignite &rid shmll be relg~Etld or remove~ ~y LIcenses ~pon request
~ Llclnlor. The I~$ln~e o~ maPRiPs ~oes no~ constitute a warP=hey
by L/censor thin'there are no %ubluP~icl ~nsta~la~ione.
3. ~s~l~ Upon execution hereof, ~enlee shall pay
FQ~ ~ FZV~ DQ~iIPI (leGS) partially ~o dl~rly ~o%~ o~
h~dling.
[00'3B~d ~d ~383£NOW-SN~BNB-dS wO~d 8P:8 ~B, ~ ~3~
~O' Li~ensoP in ~urn~lhAng any matlriiA~ ~r per~ormAng any ~aboP
Li¢en~or deiml necessary,
4, C~ns~ruc~ion en~ N~Antenlnce~ ~aid e~ru~ure shaA!
constructed, ~l~Qnt~Pucted and aa~nta~ned ~n accordance ~i~h
vetrangy ~y ~lcen~oP ~hl~ suc~ plans Qon~ors v~h ~ederal,
end/or ZOcll ~odes and Peeuta~lanl appzlaab~e ~ere~o. ~1~ ~oPK u onto~
Or ~n ~onneQ~to~ vt~ slid structure sh~l ~l ~one t~ Ll~an~oP~!~
~Ls~aa~lon l~ such ~mes ~nd Ln such manner as na~ ~Ql~n~ir~lrl w~h
P~(U~PQ~ of. any tns~aLZa~o~ oP eo~Lon ~J~h ~n ~5 judgmen~ may
a~proval'.
S. ~l P~ght$ herein gran~ld are subject ~o ~h$ r~gh~t
beneath ~e premises aid r~gh~-of-va/s o~ L~CentQP including ~he
p~lmtSll t~rOugh vhiCh SI~d ~tc~ll~les s~all ~e constructed,
~ any daisVIi incurred bY such ~wnlr due ~o~n~ur~
~00'39ud Md A3~31NOW-IN~IN3-~S WO~ 09:8 ~S, G ~3~
D~emises de~ned ~ [n~udea berlin, Z; ~t ~e~ Licenses v~ ~e~e-
primeIll %hm~l be condemned or %~ln ~or pub~l; umem ~tnsee Ihe~Z
4~4~% ~0 %hi ~%hlr plr~y IAQ ~ceneee t~e~l ~hereupofi remove ~d
&~ ~clnlee'l txPlfill,
C80'39~d Md AS~BINOW-8N~eNS-~ ~0~ I~:8 ~B. g ~]~
I
~hin ~h~r~y (3~ dens' ~er reelipt o~ noILdl ~m L~e~sc~ ~o ~o
IS i relu~ ~ ~clntle'l breach o~ ~h~e sec~o~ or ss a rllul~ o~
iny lucfi allch~ge, ll~agl, ipi~Zagl~ II~ll~O~ ~r pO~Ut~Ofi~
~ffe ~ml ~h~l tgrlemln~ ~s ~n I~lCt Or
S.~eLY by ~hl IQ~vt nq~Lgln~e of L~censor, ~s o~cers, i~en~s or
toe C~fi~rle~orl: ~o york ~ ~lce~leP's prelLsel sht~l ~e
4fi~lrld ~nto ~lCl~r'l s~afidlrd ~ntraa~or's Right aP Eh~ry agree-
1~, Son-lls~gnabll~Y: Th~e igre~men~ ~s no~ assignable,
content,
-4-
I
judqmen~ ~h~ch m&y Ue en~ere~ ~hereen oP ~he~eunde~. ~hould
P~g~ ~o ~iy i~y ll~un~ re~&rld ~o r~leeee any such lien ~r
~P. ~a de~en~ iny ~c~ian broug~ ~he~eon, =rid ~o ply ~ny judgsen~
sn~rea therein, and ~he ~icensee snail be lilb~e ~o ~he ~ceneOr
exiletided ~fi de~ending $ny pr~=lld~s ~r in ~h$ glymen~ o~
l~eng or any Ju~gmen~ oe~ainea ~hlre~oP,
plqu~r4mefi~l o~ ~orm C,S, 174l, siso &t~aeRed an. ml~e k pIPe hereof,
":' ZX NZ~m~$S ~lZl~Qt~ ~he pl ' ~%Pe~ hive ~&use4 ~heee
g~lsln~l t~ be ~XIQUtI~. i~1 he ~IY S~d yelp ~lfst
aY
By SEE ATTACHED SIGNATURE PAGE
(?ltle)
S00'39Ud ~8 A3~jlHOW-gNS~HJ-dS N08~ ~S:8 ZB, S ~3d
· LICE)LSEE' 5IGm~ATURE Pm6E
- ~EAD ~ND APPROVED AS TO LESAL ~.3RM
~NO CONTENT:
Clarx Alsoo or
Steonen P, Oeitsc~
City Attorney
This document is the true and complete
document approve~ oy City Council on
, 1992.
Linda S. Nunn
Deputy City Clerk
Greg Hulsizer
Con~unity Development Director
Jennifer Vaugnn Blakely
Compliance O~ficer
Michael Sokol
Risk Management
CITY OF FQNTA)IA
A Municipal Corporation
BY: Jay M. COr!'y
City ManaQeP
ATTEST:
Kathy Montoya
City Clerk
City of Fontana
CALIFORNIA
February 27, 1992
Hr. J. W. Ivanusich, Hanager
Agreements and Contracts
Southern Pacific Transportation Company
1200 Corporate Center Drive
~onterey Park, CA 91754
RE: Cypress Avenue Sewer Project
Crossing of S.P.T. Co. Hain Line to East Yard,
Bloomington Station. Route No. B H.P. 531.93 Fontaria
Dear Hr./vanusich:
In a letter to you dated December g, 1991, the City of Fontaria
requested initiation of the process for execution of a pipeline
agreement for the reference project. {A copy of the letter is attached
for ready reference).
Through contact with Hrs. Adair Wasiuk and Hr. Russell Shokman of your
office, minor modifications were done to your Form C.E. 41708 and the
internal communication process with your San Francisco office was
started. In parallel, Hrs. Wasiuk transmitted a sample of a typical
agreement to us for our review.
At this time, we have comments from our legal counsel, Best, Best &
Krieger, {attached) on the typical agreement and we request that
contact be made with Hr. Steven C. DeBaun from the office of our legal
counsel towards the timely resolution of these documents so as to
produce a final agreement that is satisfactory to both parties.
Because of the critical need for this project to be constructed in a
fast track process, we are applying for a license agreement, since we
understand it is a faster process. We also request at this time to
start the process of providing an easement for said purpose, and to
review as well its language with our legal counsel. Hr. Steven C.
DeBaun will be contacting your office to follow up on this matter.
8353 SIERRA AVENUE (P.O. BOX 518) · FONTANA, CALIFORNIA 92334-0518 · (714) 350-7600
SISTER CITY -- KAMLOOPS, B.C, CANADA
Mr. J. W. IvanusichV
February 27, 1992
,Page Two
Again, we appreciate any help in expediting the processing. If you
have any questions or need additional information, please call the
undersigned at 714-350-6641.
Thank you for your attention to this matter.
Sincerely,
CONNUNITY DEVELOPMENT DEPARTNENT
Engineering Division
Felipe Molinos, P.E.
Principal Engineer/Capital Improvements
FM=sh
Enclosures
cc~ R. Weddle, City Engineer S. DeBaun, Best, Best & Krieger
M. Tebbets, NBS/Lowry, San Diego
H. Riebe, NBS/Lowry, San Diego
R. Bueermann, NBS/Lowry, San Bernardino
D. Halladay, Wagner Pacific, Inc.
A. Wasiuk, Southern Pacific Transportation
R. Shokman, Southern Pacific Transportation
SOUTHERN PACIFIC AGREEMENT
INSERT I
L/censor agrees to and shall indemnify, defend and hold harmless Licensee,
its officials, officers, employees and agents 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 t'or loss of or damage to any property arising out of or in connection with
Licensor's operation or maintenance of Licensor's property.
SC0959~7 - 4 -
(S~H~R - WAT~ - ~TO~M DRAIN -
T~X~ AGReeMeNT, ~a¢s this dry o~ , ~99 , by
~nd ~twsln SO~TR"E~H PAC%P~C T~AHSPO~TAT~0N CDNPA~IY, a
l, G~an~ o~ Rl~h~s: L~censor hereby ~rl~l to ~lnltl
~n~ O~ Ohlw~ng , in the ~ocl~ion shown on the
sdl~ed
pPopePty ~n ~ha eondue~ o~ i~s ~ul~ness, LiaensaP Peserving ~ull
F~gh~ ~On~ll~l~ wi~h ~hi F~gh~l berlin gFln~t~e ~0 ~onlt~ue~s
~IQO~I~PU~$ m8in~ain End oplPl~e existing End Edd~oni~ ~r~nSgOr-
to L~cmnsor shs~Z be installed and constantly ml~nt~ined ~y Licenses
by L~'QI~IOP ~hl~'~hlrl lrl fig IUbI~P~IQI inl~l~ll~ions.
~O~ o~ ~liSEwonk and other pro~lctign beneath ~r
P~uiPes ~. any i'ns~mlla~ion oP condition which in its J~dgmen~ mmy
~ e~a~e ~l&l ~l ~¢ ~y Ll~lnsmm tn ~Re eomma~i~y being
i~prova~',
LiOI~IQP (~ anyone ~ing w~th the plf~ill~o~
~l'~l¢~lUfiiCi~lO~l lyetill (systems) in, u~gn, IlOn~m ~POII aria
beneath ~he premises lad righ~-of-vlyl ~ ~qenl~r including ~he
p~laisl$ ~hPough which Si~ ~t~i~i~les shl,ki ~s ~onttruc~ad.
LICIfiIII 8~441 ~0 reilDursl LieInset ind/or ~he
sys~lm(I) Pot i~ IX~l~lll which IL~R4~ 18~ iR~Ur 4h~lR 4X~IRIII
8y Llll~lllt ~1 t~lR~S~ $mBiayial ~r l~vl~el$ L~eluei'l PlieeltLe~
system(s).
~00'3D~d ~d A3~3£NOW-~NagH3-dS WO~d OS:8 ~B, S
~lc~neee te give
telephone L~eens~r
pPe~ledS defined oP ~ne~ude~ herein, ;P ~ ~e~ LIcenses v~ ~le-
a~d'~la~ll~es o~ every ~ln~ (~c~dding reasonable a~orne~s' ass,
~OUP~S~S~ and o~her expenses
mienks s,C tmp~ymmm.
1, ~ondemni~on{ Zn ~he even~ a~ or any portion o~ L~¢ensor'~
premises shs~ be c~ndemned or t~un ~or puULIc use, L~eentee she~
4~1~t to ~hl OthlF pithy I~d ~lnlll tnl~ ~hlrlupoh remove ~d
~lnsor/lr~l ~IOM II ~ng which LiceriSer ~ly springs ~o ~O So
i~ U~eneee'l exoenie,
~censel.
~. ~nvLPo~eentl~ Pro~ec~n: ~ensee sha~Z~ a~ ~S e~pense~
~lpg~ele o~ when ~hey bee~ma ~r ~eclme e~ee~vee Lnclud~ng~
· is i resu~ o~ L~znsel's ~se ~n~p~or
m~ ~h&r4 ,mr~onm ~o ~he~ ~on of ~L=ensor (~nso~lr ms ~hl
g~m~menes~ body having JurLsdLc~Lon Ln ~he am~lr. L~cenlor may,
iO~.L~CInIIe shm~ pm~ L~censar ~e~ ~ such e~ssnup
~lr~ett 0~' w~%her such ~s~y, ~QI~ ~r ~xpenJ~
~&ab&~l~y, ~os% or expense &m pFOX~lm~l~y caused so~e~y and
~. Son-lll~gnlb~y: ThLI igrllm~n~ Ls no~ ass&friable, Ln
OP ~Q~UII~. ~F 8ny such Ltlnl IPI ~4d ~he~eon, ~cenlll
~l~ensee ~s&~, nl~Zsc~ ~r re~uss so ~ ~o, ~iQe~s~r shil~ h~vm ~hw
r~gh~ ~ ply iny ~l~u~ required ~o re,sell shy such ~icn
or. ~o de~end any sa~ian brough~ thereon, 8no ~o pmy ~ny judgmen~
e~ere~ therein, and the L~;I~iII ehi~ be l~ibll ~0 ~he Licsnsor ;or
s~ coe~s, dlml~lle &rid Pe&so~lb~l i~torney ~eel, end any &mo~n~s
axefended ~ ~efefi~lfi~ fry pro~lldLfi~ or i~ ~hl RIy~I~
1], ~ld s~ruc~uFl I~IL,~ ~l ~l~&~ll~ I~ &c~ord&~l wl~ minimum
Plqu&Plmen~s ~ ~orm C,~, l~4ts ILl8 l~lChld in6 male & p&r~ hereof.
;:.
Ir'esln~l ~ be ¢XIQU~I~. , he ~ly in~ yelp ~lrs~
(Ti~tl)
SEE ATTACHED SIGNATURE PAGE
'LICE).SEE' S[~m~l'U~E PmGE t
IEAD INO APPROVED AS TO LEGAL ~,DRM
~ND CONTENT:
Clar~ AlsoD or
Steonen P, Oeitscn
City Attorney
This document is the true snd complete
document approved Dy City Council on
, 1992.
Linda S. Nunn
Deputy City Clerk
Greg Hulsizer
Con~nunity Development Director
Jennifer Vaugnn BlaKely
Compliance Officer
MiChael SoKol
Risk Management
CITY OF FONTANA
A Municipal Corporation
BY: Jay N, Corey
City Manager
ATTEST:
Kathy ~ontoya .
City Clerk
FAX CITY OF
CAL. IFOR NIA
COMMUNICATIONS
FROM FAX NO. [714] 350-6618 0
PLEASE DELIVER THE FOLLOWING PAGES TO: N
NAME: .,=.--~"'~C) ~fa~.'}O'~"-.,~\ C,,..."t,~
FAX NUMBER: c~t ~ "'~O'/,J:;-S~ PHONE: A
N
LOCATION; ~ :-~, i, -':;,~i.c-~,,e-,,,,f7
ACCOUNT NO. PHONE: A
TOTAL NUMBER OF PAGES: e~e~et OATE: ~TIME: "~
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MESSAGE:
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PLEASE MAKE CHECK PAYABLE TO CITY OF FONTANA IN THE AMOUNT OF
AND HAIL TO: CITY OF FONTANA, P.O.BOX 518, FONTANA, CA. 92334
FROM: name company /ftrm
address phone no.
NOTE: PLEASE RETURN THIS COVER SHEET WITH PAYMENT
(ACC.NO.OlO-0316-2100)
OAN, 1992 SKY--
P, O1
TRRNSAOTION REPORT
FEB-27-92 THU 14:48
DATE START RECEIVER TK TIME PAGES TYPE NOTE
FEB-27 14:40 912187808959 8'08~ 18 BEND OK
City of Fontana
CALIFORNIA
December 9, 1991
Hr. O. W. Ivanusich, Hanager ~.. ~}~7
Agreements and Contracts ..
Southern Pacific Transportation Company
1200 Corporate Center Drive
Honterey Park, CA 91754
RE: Cypress Avenue Sewer Project ""'
Crossing of S.P.R.R. at 1-10
' SPRR File: Fontana {B.B. 0-531.88-x)
Dear Hr. Ivanusich=
Please find enclosed past correspondence on this project. The City of
Fontaria is in the process of obtaining the necessary permits for the
construction of the Cypress Avenue sewer project. We will be
constructing this project starting Hay of 1992 as part of the City
sewer master plan.
In relation to your letter dated September 27, 1990, to the design
engineer, NBS/Lowry, Engineers and Planners, San Diego Office, we have
the following update:
The steel casing to be jacked/bored under the S.P.R.R. lines has
been increased in size to a ~54" diameter, for a ~27" V.C.P.
carrier pipe.
Elevations are shown on profile.
We are enclosing your Form C.E. 41708, Sheet 1, completed with the
pertinent data and 2 sets of appropriate sheets of plans. To date, we
do not have a design soils report~ however, we request that your firm
proceed with the process of execution of a pipeline agreement. We will
also need the requirements and forms for the contractors right of entry
agreement to include it in the bid package.
8353 SIERRAAVENUE(P.O. BOX818) · FONTANA, CALIFORNIA92334-0518 · (714)350-7600
SISTER CITY -- KAMLOOPS, B.C. CANADA
Hr. J. W. Ivanusich
December 5, 1991
Page Two
The timely construction of this project is vital for capacity relief of
existing lines, and for falling in line with the operation deadline of
Kaiser Permanente Hospital expansion which is now underway.
We appreciate any help in expediting the processing. If you have any
questions or need addtional information, please call the undersigned at
714-350-6641.
Thank you for your attention to this matter.
Sincerely,
COHHUNXTY DEVELOPHENT OEPARTHENT
Engineering Division
Fellpe Holinos, P.E.
Principal Engineer/Capital Projects
FH:sh
Enclosures
cc: Robert Weddle, City Engineer
Hart Tebbetts, NBS/Lowry, San Diego
Harry Rtebe, NBS/Lowry, San Diego
_ outhern I ac:i c:v
'rransporkcd n Cernpany
~ o \ o ~ ~ ~eptemG~r ~7,
~t/L~ry'gn,~ln~er~ } Pltnners
~&n Die;o, CalifOrnia
ATTeNTiON: ~reCerAc~ ~. ~oor
Re~erence ~e mace ~o ~ur lettit o~ Sap~imeer 127
y~ur ~111 ~B,-~12.~Q, regarding your eropoeal on be~al~ ~ ~he
City o~ FontsnEro cons%Putt a major sewer 1Aria ~n Cyprell Ave.,
near our ~tat~onAng o~ FOn~ana.
OUr En9Aneemlnl Departmen~ has reviewed your pAan~ where
~his lane shoul.~ a~ect the Southern Pacific right o~ ~&y, and
they a~near satisfactory. There are no objec~i~ns a~ this ~ime
1on9 as no ehaneJes are made,
As diseuee4~ wi~h A~air Wasiu~ e~ ~hla o~elce, ~hls file
is ~,lng placed on hold until you advise i~ and when the CA~7
,ready ~o proceed ~u~thsr.
YOurs
Agreements and Conf, rac~,m
by A.~aAr WasAuk
~,ad ~ea~e Cler~
I00'39~d ~d A~3ANOW-gN~eNi-d~ WO~ ~:at 06. ~ dis
E89-012.00
September 12, 1990
John Ivanosich
SOUTHZRN PACIFIC RAILROAD
1200 Corporate Center Drive
Monterey Park, CA 91754
CYPRE88 STR~-ZT SEWER
CITY OF FONTANA
On behalf of the City of Fontana Public Works Department,
we are submitting the attached set of preliminary plans
for your review. These plans show the construction of a
major sanitary sewer line in Cypress Avenue from Valley
Boulevard south to Jurupa Avenue. This sewer line may
start construction in the fall of 1991 depending upon the
sewage demands in the contributary areas.
Please review the plans regarding the crossing of Southern
Pacific Railroad. It is planned to bore a pipe casing
under 1-10 at a depth of approximately 20 feet. The City
is requesting a written confirmation that you have
reviewed the plans and stated any concerns regarding the
railroad crossing. Please return your response to our
office by September 17, 1990.
tsn
cc: Andrew Trachman
Jim Strodtbeck
Felipe Mollhoe
Yousuf Patanwala
10920 Via Fronters · P.O. Box 28100 · San Ole<;o, CA 92128-0100 ,, (819) 485-1500 · (619) 578-7140
FAX (619) 487-2068
INFORMATION BY APPLICANT INFO~I,/A'I1OH BY RAILROAD
NIL1 INSTALLATION t. / ~I.ECONSTIIUCTiON A 7~ ~ F~
FiFE UIIF. CAIU1YINC I I FLAhIMABLE OR HAZARDOUS SUBSTANCES I f~ENClIIOEEIIIhiC SIAlION ............ STATIOR N/U~ .................................
i V/~l NOH~FLAMMABLE 5UB~'FAIiCES L: .~ I MAtH LINE ................................ I ...........
EZ3 CULVERT TO S.F.._ OIST.'L*_ ............. DIST.'R', ........
/~PPL c~ C;/T"Y of FONY'~qN,q ................. ~ x~ ~I~I.HT..FACmLIn' LI,E ~ES......NO ......
ADD,'IESS ~ ~IF_I/4f, A A%/ItNUr-
c~Y ..............................................s~AT~....C..A.... .............z,P ...q..~.~.-).~ ......... ~BU.TY ................................
AN .... ,
FACIL YY ~/~I~-~Y -~tJE//- /'/,¢~//y* A ~ ESTIMATED CO:ST ......................
SOIL CLASSIFICATION ~.I:/,,1~,,~, ~,n~/ Xm 3'IYtlZZ ~ ~' ,~E~,~E,~ ' I,(ATF_j(~ALS ANO IHSTALLATJDN PER 5.I~.DRAWING NO, C.E ....... C.S .............. SHEET NO .........................................
~LLT.,c~,Es. . . .' .' .' .' .'. .; : : ' ' :~.~/~:~:.: :::~;~
co~ .~ .~E. ~ - - ' ............. ~Z~ ........': ...... ,
OlST~CE OF ~lNC P~PE~I~ FROM ~H~LIHE OF 1RACK L ..... ~"' R "~ ;'
CA~ODIC PRQ~CTIOH .......................................................................... ~Z~ .......... PIPELIHE CARRYING NON-FLA~MABLE SUBSTANCES PIPELINE CARRYING FLA~MABLE SUGSTA~C~S
CASINO FI~ ............................................................................... ,~ ......... SEE C.S. 17~1 SEE C,S.
F~MM~ $UBS~ICE PIP~B~, ~ASS LOCATION ....~.. DESIGII FACTO~ ._~_. SOU~IERN PACIFIC ~ANSPORTA~ON CO.
~PROXIM~IE DATE WORK WI~ BE DONE H~Y/~ ST. LOUIS SOU~ES~RN RY. CO.
................................ SOUTIIERN PACIFIC CHICAGO ST. LOUIS CORP.
P. O. ;ox
ATTS~T~O~| FreCeri~ J,
Gentlemen:
Re~erence ie made t~ you~ la~er o~ September lZ~
your .~i18 E8~-~12.8~ regirding your propoaal on behel~ o~ the
City o~ IonSaria ~o cons%ruc~ a major sewer ll~e l~Cypres;
near our 8ta~l~nln~ e~ ~on~ana,
OU~ Engineering Department h~s reviewed your pli~s where
~hls line should a~ec~ ~he Southern F~ci{lc rtgh~ o~ way, and
%hey appear s&~lt~ac%ory. There are no objections st ~his time
long as no changes are mide.
As discusred w~h A~alr Waslu~ o~ ~hi, o~ice~ th&s ~ile
is being placed on hold un%il you advise i~ and when the
,~.eady ~o pr~oee~ ~u~her.
:,~. IVAHUSIC~, ~anager , ~/
Agree~en~s and
-'~ead Le~se Clerk ,/~
~00'38ed M8 A3~31NOW-BNMDN3-dS WO~J 88:~I 06, &E
11%117 ' //II
ENGINEERS & PLANNERS
E89-012.00
September 12, 1990
John Ivanosich
SOUTHERN PACIPIC RAILROAD
1200 Corporate Center Drive
Monterey Park, CA 91754
REF: CYPR~88 STREET SEWER
CITY OF FONTANA
On behalf of the City of Fontana Public Works Department,
we are submitting the attached set of preliminary plans
for your review. These plans show the construction of a
major sanitary sewer line in Cypress Avenue from Valley
Boulevard south to Jurupa Avenue. This sewer line may
start construction in the fall of 1991 depending upon the
sewage demands in the contributary areas.
Please review the plans regarding the crossing of Southern
Pacific Railroad. It is planned to bore a pipe casing
under 1-10 at a depth of approximately 20 feet. The City
is requesting a written confirmation that you have
reviewed the plans and stated any concerns regarding the
railroad crossing. Please return your response to our
office by September 17, 1990.
tsn
cc: Andrew Trachman
Jim Strodtbeck
Felipe Molinos
Yousuf Patanwala
10920Via Frontera · R O. Box 28100, San Diego, CA 92128-0100, (619)485-1500, (619) 578-7140
FAX(619)487-2068
ENGINEERS ~. PLANNERS
E89-012.003
August 30, 1990
Mr. Mike Belavic
SOUTHEP~N PACIFIC RAILROAD
888 South Figueroa
Los Angeles, CA 90017
REF: CYPRESS STREET SEWER
CITY OF FONTANA
On behalf of the City of Fontana Public Works Department, we
are submitting the attached set of preliminary plans for your
review. These plans show the construction of a major
sanitary sewer line in Cypress Avenue from Valley Boulevard
south to Jurupa Avenue. This sewer line may start
construction in the fall of 1991 depending upon the sewage
demands in the contributary areas.
Please review the plans regarding the crossing of Southern
Pacific Railroad. It is plannned to bore a pipe casing under
1-10 at a depth of approximately 20 feet. The City is
requesting a written confirmation that you have reviewed the
plans and stated any concerns regarding the railroad
crossing. Please return your response to our office by
September 17, 1990.
R. T. STANDISH# PE
tsn
cc: Andrew Trachman
Jim Strodtbeck
Felipe Molinos
Yousuf Patanwala
10920 Via Frontera · R O. Box 28100 · San Diego, CA 92128-0100 .(619)485-1500 · (619)578-7140
FAX (619) 487-2068
City of Fontana
8353 Sierra Avenue
P.O. Box 518
Fontana, CA 92335
714-350-7600
CLOSURE AND AREA CALCULATIONS REPORT
june i0, 1993
C:'\DESiGN\H.REP
BOUNDARY (BDY)
End Point
Start End Stored Coordinates
Point Bearing Distance Point North East
2 2203 3000 i000 3384
2 N 88 34 58 E 2 50 i0 2203 3618 i002 8384
i0 N 00 00 58 E i00 03 9 2303 3918 1002 8665
9 S 88 34 58 W 2 50 3 2303 3299 1000 3665
3 S 88 34 58 W 12 50 12 2303 0207 987 8664
]2 S O0 O0 58 W i00 03 13 2202 9907 987 8383
13 N 88 34 58 E 12 50 2 2203 3000 i000 3384
Closure ERROR: 0.0000
BDY PERIMETER is 230.07 feet.
AREA of SPRR EASEMENT is 1500.45 SF ..... or 0°0344 Acres
Report Summary
'UNDARY Area = 1500.45 SF ..... or 0.0344 Acres
, OF REPORT
Page i