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Home My WebLink About03-095~~.•~~ SUPE , ~.,. ....,, 1~1;• • .• . ~ . .•4.• _ ••.r• •.~•. .• ~.•' ~ ~ : ~' :~~ _ , ~ ~ * ~* ~DARD OF SUPERVI~C)R~ ~ :~ ~ 'yC COUNTY OF BUTTE, STATE OF CALIFORNIA ~• ~~~ ~ ;• •••` ~;.• Resolution N0. 03-095 ~ ~ ...,,,,,,,. '~•, Cpp13 •,~ ~ ~ RESOLUTION AUTHORIZING EXECUTION OF THE SUPPLEMENTAL AGREEMENT TO THE EXISTING PUBLIC HIGHWAY CROSSING AGREEMENT BETWEEN BUTTE COUNTY AND UNION PACIFIC RAILROAD COMPANY FOR RECONSTRUCTION AND WIDENING OF THE WEST EAST AVENUE AT-GRADE PUBLIC ROAD CROSSING NEAR CHICO, CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: That said County approve the Supplemental Agreement to the existing Public Highway Crossing Agreement between Butte County and the Union Pacific Railroad Company covering the Reconstruction & Widening of the West East Avenue At- Grade Public Road Crossing at or near Chico, California, dated November 13, 2002, and the Chair of the Board be authorized to execute said Supplemental Agreement on behalf of said County. 2. That the Clerk of the Board be authorized to attach a certified copy of this Resolution to the Supplemental Agreement to the existing Public Highway Crossing Agreement between Butte County and the Union Pacific Railroad Company covering the Reconstruction & Widening of the West East Avenue At-Grade Public Road Crossing at or near Chico, Califonlia, dated November 13, 2002. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 10th day of June , 2003, by the following vote: AYES: Supervisors Dolan, Houz, Josiassen, Yamaguchi, and Chair Beeler NOES: None ABSENT: None NOT VOTING: None -~ --J-~ , ,/ 'L . J. BEELER, Chair, Butte County Board of Supervisors ATTEST: Paul Mchltosh, Chief Administrative Officer and Clerk of the $oard ..; i C1er~De uty SUPPAGR.DOC 900101 Form Approved, AVP-L.aw SUPPLEMENTAL AGREEMENT Audit No.: 226642 Folder No.: 2052-OS THIS SUPPLEMENTAL AGREEMENT is made as of the day of 200_, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, (hereinafter the Licensor) and BUTTE COUNTY, a political subdivision of the State of California with a mailing address at 7 County Center Drive, Oroville, CA 95965 (hereinafter the Licensee). RECITALS: By instrument dated November 13, 2002, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement") identified as Audit No. 226642, covering the reconstruction and widening of the existing West East Avenue at-grade public road crossing located at Mile Post 186.60 on the Valley Subdivision in or near Chico, Butte County, California. The parties now desire to modify the Basic Agreement by adding additional area to the public road crossing area across the Railroad's right of way. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 -ADDITIONAL PRINT The print and legal description, attached hereto as Exhibits A-1 and A-2, respectively, shall be and are hereby added to the Basic Agreement, and from and after the effective date herein whenever the term Project is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to include the additional public road crossing area as shown on Exhibits A-1 and A-2, hereto attached. SECTION 2 -CONSIDERATION Effective as of the date herein written, the Licensee agrees to pay to the Licensor an additional one-time fee for the use of additional Railroad right of way, in the sum of EIGHT THOUSAND NINE HUNDRED FIFTY DOLLARS ($8,950.00) payable in advance. SECTION 3 -EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date herein written. 2052-08 Butte Co @ Chico, CA Page 1 of 2 April 29, 2003 West East Avenue SUPPAGR.DOC 900101 Audit No.: 226642 Form Approved, AVP-Law Folder No.: 2052-08 SECTION 4 -AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY By: WITNESS: MANAGER CONTRACTS BUTTE COUNTY X Title: 2052-08 Butte Co @ Chico, CA Page 2 of 2 Apri129, 2003 West East Avenue S61 '28' 30"E 15.00,. 15.00' W ~' -; -- ~ Q r' o ;gi ' b M O ~ ~ COO ,... O~ N ~_ ~' N U F ti . t Q ~~ W~ 'Lrp U Y ~O I Q !~ / 1..1.. r 15:00• .15.00':. N61'28'30"W RAILROAD CROSSING # C-186.6 AT WEST EAST AVENUE, CHICO, CA ADDITIONAL RIGHT OF SCALE ;SE 2O NT DESCRIPTIONS ~ EXHIBIT A-1 U,f t,,Vc ro,~/ ~. Z` pyN "~YOP IHR N`I's vF Qs W ~-~ EASTERLY N TPOB W. ~" S61'28'30"E ~ X61'28'30"E 60:00' / I ___// EASTERLY i POC EXISTING 60.00' EASEMENT ON WEST EAST; AVENUE AT U.P.R.R. CROSSING ~' C-166.6 BK. 1614 PG. 493 EXISTwG _CENTER_LINE OF ~.. _ _-___ _ _ _._.__.., w. ~~UNION PACIFIC RAILROAD EXISTING AREA _ 0.138/ACRE SEE MAP BUTTE COUNTY FILE ®E-806 I i i I WESTER~.Y POC j 60:00' N61'28'30"W WESTERLY TPOB ~~*~ ~ ,g~TrFo o o 0 0 o c~U Nty ~~~~ :...15.00':. ~ 15.00' ~ O ... ~~~ O ~.. ~ ter. .:. ^O.M M N . O .} O t+7.__ __ ~.__ -- 00 N Q H _ O ` . ~. ~ '.' N Z Cn N 1i _~ ~ . _ CJ _ . Q ~'~ p V p ~ 0 i . / ~ 'T~r i ~~ ~` f, 15.00'' ,1, 5.O D'. ,-: N61'28'30"W GRANT OF EASEMENT All those certain parcels of land being a portion of Rancho Arroyo Chico, lying in projected Section 29, Township 22 North, Range 1 East, M.D.M., in an unincorporated are of the County of Butte, State of California and being more particularly described as follows: PARCEL "C" Commencing at the most Westerly corner of the existing 60 foot wide easement on East Avenue at Railroad Crossing number C-186.6 as described in EXHIBIT "A" of resolution no. 70-38, said resolution authorizing agreement between the County of Butte and Southern Pacific Transportation Company, which resolution and easement were recorded in the office of the Recorder of the County of Butte, State of California, May 19, 1970, in Book 1614 of Official Records at Pages 489 through 493, said point also being the most southerly corner of PARCEL "A" as shown on the attached Exhibit B and also being the southerly corner of the northerly parcel as shown in Exhibit "A" contained in the Public Highway Crossing Agreement between Union Pacific Railroad and Butte County as approved by Butte County Resolution Number 02-145, dated August 27, 2002; thence North 61° 28' 30" West along the northwesterly projection of the southwesterly line of said 60 foot wide easement and the southwesterly line of said PARCEL "A", a distance of 15.00 feet, to the most westerly corner of said PARCEL "A" and the True Point of Beginning for the herein described PARCEL "C"; Thence, from said Point of Beginning, continuing North 61° 28' 30 West, a distance of 15.00 feet; thence North 28° 31' 30" East, a distance of 100.00 feet to a point on the northwesterly projection of the northeasterly line of said 60 wide easement; thence continuing along said projected line, South 61 ° 28' 30" East, a distance of 15.00 feet, to the most Northerly corner of said PARCEL "A"; thence South 28° 31' 30" West, along the northwesterly line of said PARCEL "A", a distance of 100.00 feet to the Point of Beginning and the end of this description. Containing 1,500 square feet more or less. PARCEL "D" Commencing at the most easterly corner of the existing 60 foot wide easement on East Avenue at Railroad Crossing number C-186.6 as described in EXHIBIT "A" of resolution no. 70-38, said resolution authorizing agreement between the County of Butte and Southern Pacific Transportation Company, which resolution and easement were recorded in the office of the Recorder of the County of Butte, State of California, May 19, 1970, in Book 1614 of Official Records at Pages 489 through 493, said point also being the most northerly corner of PARCEL "B" shown on the attached Exhibit B and also being the northerly corner of the southerly parcel as shown in Exhibit "A" contained in the Public Highway Crossing Agreement between Union Pacific Railroad and Butte County as approved by Butte County Resolution Number 02-145, dated August 27, 2002; EXHIBIT A-2 PAGE 1 OF 2 thence South 61° 28' 30" East along the southeasterly projection of the northeasterly line of said 60 foot wide easement and northeasterly line of said Parcel B, a distance of 15.00 feet to the most easterly corner of said PARCEL "B" and the True Point of Beginning for the herein described PARCEL "D"; Thence, from said Point of Beginning, continuing South 61 ° 28' 30" East, a distance of 15.00 feet; thence South 28° 31' 30" West, a distance of 100.00 feet to a point on the southeasterly projection of the southwesterly line of said 60 foot wide easement; thence North 61° 28' 30" West along said projection of said southwesterly line, a distance of 15.00 feet to the most southerly corner of said PARCEL "B"; thence North 28° 31' 30 East along the Southeasterly line of said PARCEL "B", a distance of 100.00 feet to the Point of Beginning, and the end of this description. Containing 1,500 square feet more or less. EXHIBIT A -2 PAGE 2 OF Z