HomeMy WebLinkAboutUNION PACIFIC RAILROAD CO. 2 - 2003
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.. When recorded, please mail this
insINment and tax statements to:
Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
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200300141304410:18am 11/21/03
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. Cieri< of the Council
City of Santa Ana
20 Civic Cenler Plaza, M.30
Santa Ana, California 92701
Free recording requested by
The City of Santa Ana per
Government Code Section 6103.
orA'" A."",. rHrs UNE FOR RECOROER'S USE
AP.
N",""or
None, (in RNV 5/0414-141-01)
I Deed No. 8099 I ]
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Memorandum of Agreement for Railroad Crossing Gate
A License Agreement by and between Union Pacific Railroad Company and the
City of Santa Ana to allow installation and operation of signal lights and gate within
a portion of the public right-of-way, subject to the terms and conditions described
in the following pages, at a specified location on Mac Arthur Boulevard, said
specified location being described and shown on and incorporated herein as
Exhibit "A".
(signatures and notarizations are on pages 6 and 7)
(document consists of title sheet, 5 page agreement, 1 notarization sheet, and 2 exhibit sheets, 9 pages total)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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ClŒK OF COUNCIL
DAΠ1/-/,/-03 LICENSE AGREEMENT
C, pvJ A THIS LICENSE AGREEMENT, made this i 1 fI¡ day of N:1¡jer!llt!?, 2003, by and
[,,-LN~id'c/l). . .. ...
. . between the CIty of Santa Ana, a mumclpal corporatIOn of the State of Cahforma, herem termed
N-2003-127
"City," and Union Pacific Railroad Company, a Delaware corporation, herein termed "UPRR".
WITNESSETH
In consideration of the respective and mutual covenants hereinafter contained and made,
and subject to all the terms and conditions hereof, the parties hereto agree as follows:
1.
City hereby grants to UPRR a license, subject to the reservations, covenants and
conditions herein contained, to construct, reconstruct, maintain and operate flashing signal lights
with gate ("Facilities") in MacArthur Blvd., adjacent to the UPRR right of way east of Harbor
Blvd. in the City of Santa Ana, County of Orange, State of California, as shown on Exhibit A.
Said Facilities shall be installed in accordance with the specifications and notes shown on the
construction plans.
2.
This license is made subject and subordinate to the prior and continuing right and
obligation of City to use the streets described herein in the performance of its duty as a municipal
corporation, and for that purpose there is reserved unto City the right (consistent with the rights
herein stated) to construct, reconstruct, maintain and use existing and future streets, water and
other utilities, sanitary sewer and storm drains, communication and pipeline facilities and
appurtenances in, upon, over, under, along and across said streets.
3.
The rights herein provided to UPRR shall lapse and become void if the
construction of said Facilities upon said streets is not commenced within one (I) year from the
date of this License Agreement.
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4.
UPRR agrees that all work upon or in connection with said Facilities shall be
done at such times and in such manner as allowed under a street work permit obtained from City.
Project markers in form and size satisfactory to the City identifying the facility and its owner
shall be installed and constantly maintained by UPRR at street curb lines or such locations as
City shaH approve. Such markers shall be relocated or removed upon request of City without
expense to City. Absence of markers does not constitute a warranty by City that subsurface
installations do not exist and City does not assume any responsibility for protection ofUPRR's
equipment.
5.
UPRR, its agents and employees, shall have the privilege of entry on said street,
under permit, for the purpose of constructing, reconstructing, maintaining and making necessary
repairs to said Facilities. UPRR agrees to keep said street and said Facilities in safe condition,
free from hazards and obstructions, so far as affected by UPRR's operations, to the satisfaction
of City.
6.
UPRR shall assume all risk of damage to said Facilities and appurtenances and to
any other property of UPRR or any property under the control or custody of UPRR while upon
or near the right of way of City incident to the construction or maintenance of said Facilities
caused by or contributed to in any way by the construction, operation, maintenance or presence
on City's street or any utilities or pipelines upon or under said street at the above mentioned
location.
7.
UPRR shall obtain and maintain, at its sole cost, and file with City's Clerk of the
Council, prior to exercising any right or performing any obligation pursuant to this Agreement, a
policy or policies of comprehensive liability insurance, satisfactory to the City Attorney of City,
naming City, its officers, agents and employees, as insured or additional named insured. Said
HID""Speo;¡;o P"jeo"'Senta Ana, CAISanta Ana Uœn..-Final.doc
insurance shall provide coverage against liability for any and all claims and suits for damages or
injuries to persons or property arising out of the construction, reconstruction, operation,
maintenance, use, presence and removal of the Facilities. Said policy or policies of insurance
shall provide coverage for both bodily injury and property damage in not less than the following
minimum amounts: One Million Dollars ($1,000,000.00) combined single limit, or equivalent.
Said policy or policies shall also contain a provision that no termination, cancellation or change
of coverage or of insureds or additional insured shall be effective until after thirty (30) days
notice thereof has been given in writing to City. Said policy or policies shall further provide
primary coverage on behalf of the City, its officers, agents and employees to the full limits of
liability.
Notwithstanding the foregoing, City acknowledges that UPRR "self insures" it's
contractual obligations in leases and licenses, and City will accept a letter confirming this from
UPRR's Risk Management Group, in lieu of an insurance policy or certificate.
8.
UPRR shall indemnify and save harmless City, its officers, agents and employees,
from and against any and all damages to property or injuries to or death of persons, including
property and employees or agents of City, and shall defend, indemnify and save harmless City,
its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or
proceedings of any kind, and all costs and expenses, including but not limited to reasonable
attorneys' fees, settlements or judgments, for loss of or damage to property and for injuries to or
deaths of persons, including property and employees or agents of City, arising out of the
construction, reconstruction, maintenance, presence, operation, use or removal of said Facilities.
UPRR shall further defend, indemnify, and save harmless City, its officers, agents and
employees, from and against all claims, demands, suits, actions or proceedings resulting from or
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arising out of the negligent, intentional or malicious acts or omissions of UPRR, its employees,
contractors or subcontractors.
The word "City" as used in this section shall be construed to include, in addition to City,
the successors, assigns and affiliated agencies and any other agency that may be lawfully
operating upon and under the street crossing, said Facilities and the officers and employees
thereof.
9.
Should UPRR, its successors or assigns, at any time discontinue the use of said
Facilities or any part thereof or fail at any time to use the same for the purpose contemplated
herein for a continuous period of two (2) years, the right hereby given shall cease to the extent of
the use so discontinued, and City 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.
10.
Upon termination of the rights and privileges hereby provided UPRR, at his own
cost and expense, agrees to remove said Facilities from said streets and restore said street as
nearly as practicable to the same state and condition in which it existed prior to the construction
of said Facilities. Should UPRR in such event fail, neglect or refuse to remove said Facilities
and restore said property, such removal and restoration may be performed by City, at the expense
ofUPRR, which expense UPRR agrees to pay to City upon demand.
11.
This License Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in
duplicate the day and year first herein written.
:~~Y OF S7:~.¿::~);2~.~-
Printed Name: 'DAIJ'1> N ¡fe;""""
Title: CI~¥ "'AN~r,.E""
ATTEST:
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PA TRICIA Eo HIAn'
Cl.6RK QI TNt CouNCIL
APP};\OVED AS TO FORM
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UNION PACIFIC RAILROAD COMPANY,
A Delaware corporation
By:
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Daniel Ä. Leis
Senior Manager - Acquisitions
STATE OF NEBRASKA
COUNTY OF DOUGLAS
On October D-, 2003, before me, a Notary Public in and for said County and State,
personally appeared Daniel A. Leis, Senior Manager, Acquisitions, of UNION PACIFIC
RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal
GfNEIW. NOTARY - State 01 Nebraska
PAUL G. FARREll
My Comm. &po Dec. 20, 2005
(SEAL)
H'D,','S,odfio ',oject,'S"" An., CAIS.n" An. liœn"-Fin.Ldoo
ALL-PURPOSE ACKNOWLEDGMENT
r. -.-.-.-. -.-.-.-.-.-.-.-. -.-.-.-. -',
. State of California } .
I County of êJA ~ >' 55. I
i On <)c1.......... "'~.I ll, :¡.o01 before me, Ie. I... Q.,j- Q ~ , i
. (DATE) , (NOTARY) .
'personally appeared [L...;:..(I <¡,¡ ~ ,
SIGNER(S)
i Gd...personally known to me - OR- 0 proved to me on the basis of satisfactory i
. evidence to be the person(s) whose name(s) .
I islare subscribed to the within inslrument and I
,. acknowledged to me that helshelthey executed ¡
the same in his/herltheir authorized,
. capacity(ies), and that by his/her/thcir .
, SHERLEY A. DDDD ~ signaturc(s) on the instrument the person(s), I
No~2~~UB~I¿~~~~iR~IA ( ) or the entity upon behalf of which the ,
i "YC.mmo~'~:';~~~~ll.1004: person(s) acted, executed the instrument. .
i i
i WITNESS my hand and official seal. i
I ! I " P < '1 .!2J?;:;!¡1. I
OPTIONAL INFORMATION
i The information below is not required by law. However, il could prevent fraudulent attachment of this ackuowl- i
¡ edgment to an unauthorized document. ,.
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
, 0 INDIVIDUAL ,
; 0 CORPORATE OFFICER .
¡ TITLE OR TYPE OF DOCUMENT ,.
, TITLE(S)
, 0 PARTNER(S) ,
; 0 ATTORNEY-IN-FACT ;
,. 0 TRUSTEE(S) ~--- ¡
NUMBER OF PAGES ,
,. 0 GUARDIAN/CONSERVATOR ,.
0 OTHER:
--
i DATE OF DOCUMENT i
i SIGNER IS REPRESENTING: i
i NAME OF PERSON(S) OR ENTITY(IES) . i
. OTI1ER.
L._._._.-.-.-.-. ~._._._. -.-.-.-. -.-.-'
APA 1/94
VALLEY-SIERRA, 800-362-3369
,
License for U.P.R.R. Signal Facilities Construction and Operation,
MacArthur Blvd., City of Santa Ana
Leoal Description
A 17.50-foot long strip of land 57.00 feet in width in the City of Santa Ana, County
of Orange, State of California, lying 52.00 feet northerly and 5.00 feet southerly
of the easterly prolongation of that certain course having a bearing and length of
N 88° 39' 10" E, 459.52 feet in the centerline of Talbert Avenue (now known as
MacArthur Boulevard), as shown on a map filed in Book 40, page 49 of Record of
Surveys, in the office of said County Recorder. Said 57.00-foot wide strip is
bounded on the West by the easterly boundary of that certain 50. DO-foot wide
strip of land described in the deed of easement to the Pacific Electric Railway
Company, recorded on July 28, 1958, in Book 4364, page 69 of Official Records,
in the office of the County Recorder of said county. Said 57 . DO-foot wide strip is
bounded on the East by a line parallel with and 17.50 feet easterly of the westerly
boundary of said 57.00-foot wide strip.
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EXHIBIT A
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AREA: 997.5sqlt
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EXHIBIT "A"
UNION PACIFIC RAILROAD CO.
TO ACCOMPANY AGREEMENT WITH
cnY OF SANTA Nu.., CA
SANTA ANA, ORANGE COUNTY, CA
M.P,523.16+- SANTA ANA IND ill
SP CA V 112-19/6
REAl ESTATE DEPARTMENT OMAHA NE.
FILE #217(H¡3 DATE: 7-24-2003 T.DA
SCAlE: 1" = 100'
LEGEND
U.P.R.R. RIGHT OF WAY
----
UNION PACIFIC RAILROAD COMPANY
INSURANCE
GROUP
Ph. (402) 271-5183
It
Room 820
1416 Dodge S1",e'
Omaha. NE 68179
FAX (402) 271-3160
October 17, 2003
Citv Clerk
City of Santa Ana, California
20 Civic Center Plaza
Santa Ana, CA 92702
Re: License Agreement/Crossing Signal/MacArthur Blvd.
To Whom It May Concern:
This letter will certify that through its risk management programs, Union Pacific
Railroad Company, a Delaware corporation, as successor in interest to Southern Pacific
Transportation Co., Denver & Rio Grande Western Railroad Co., S1. Louis Southwestern
Railway, Chicago & North Western Railway Co., and Missouri Pacific Railroad Co., has
self-insured retentions of varying amounts up to $25,000,000. General Liability, Property
Damage, Automobile Liability and Leased Property fall within these self-insured
retentions, Please note that railroads are subject to the Federal Employers' Liability Act
(FELA), not Workers' Compensation.
In lieu of a Certificate of Insurance, please accept this letter to you that Union
Pacific Railroad Company has the financial resources to respond to any liability arising
from its contractual obligations. This covers Union Pacific Railroad operations anywhere
in North America,
If you need additional information or have any questions, please call me at
(402) 271-5183.
Sincerely,
{JJ~ :; ~
Wendy S, Whalen
Director - Insurance
cc: Stephen Sand-UP