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HomeMy WebLinkAbout63-086' RESOLUTION NOo 63- 8b BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION APFROVTNG AGREEMENT AND GRANT OF EASEMENT AND AUTHORIZING CHAIRMAN TO SIGN WHEREAS, the COUNTY OF BUTTE, by and thxough its Department of Public Works, is in the process of widening and improving the roadway commonly known as Fair Street; and WHEREAS, it is necessary to acquire additional easements for the p~pose of widening said Street; and WHEREAS, the Third District Agricultural Association is the owner of a portion of said frontage on Fair Street; and WHEREAS, the Third District Agricultural Association has presented to this Board an Agreement and Grant of Easement covering said land, a copy of which is attached hereto; NOTE THEREFORE, BE TT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that they hereby approve the Agreement and Grant of Easement, and that the Chairman of the Board of Supervisors be, and he is hereby authorized to execute said Agreement and Grant of Easement on behalf of the County of Butte. PASSED AND ADOPTED this 6th day of August, 1963, by the following vote: AYES: Supervisors'Alldredge, Giles, McKillop, Pryde and Chairman Steinegger NOES: None ABSENT: None <- ~u Emil G. Steinegger, Chai ,ATTEST: JESSIE ROGERS, County Clerk and exwofficio clerk of the Board of Supervisors. r ~~/ ~_ Deputy PAD - 103 (4-19-61) AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND~GRANT OF EASEMENT, made and entered into this i st day of AUGUST 196, by and between the 3rd bISTRICT AGRICULTURAL ASSOCIATION, formed and existing under and by virtue of the provisions of Article 2, Chapter 3, Division 1, Agricultural Code of California, hereinafter called State, and COUNTY OF BUTTE , hereinafter called Grantee: 1J I TNESSET.H: That the State, pursuant to the provisions of Section 86 of the Agricultural Code of the State of California, and in consideration of mac xammcxrE mutual benefits receipt of which is hereby acknowledged, does grant unto Grantee, its successors and assigns forever, PARCEL N0. 1 A portion of that certain parcel of land in lot 5, Carley Tract, according to the official map thereof, filed in the office of the Recorder of the County of Butte, State of California, November 6, 1917, in Map Book 8, page 14, being also a portion of that parcel of land. described in that certain deed dated April 10, 1950, recorded April 20, 1950, in Book 529, page 436, official records, Butte County, California, and a portion of that certain parcel of land in lots 9 and 10, Carley Tract, described in that certain deed dated November 19, 193$, recorded November 22, 1938, in Book 211, page 441, Official Records of Butte Gounty, California. Said portion is all that part thereof described as follows: A strip of land 6.00 feet wide, measured at right angles, adjacent to and along that portion of the above parcels fronting on the existing easterly right of way line of Fair Street. PROVIDED, HDWEUER, that this Grant of Easement by State is made under and subject to the following terms and conditions which Grantee hereby accepts: 1. This Grant is subject to all valid and existing contracts, leases, licenses, easements, encumbrances, and claims of title which may affect said property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee, its agents and employees, shall have the right of ingress to and egress from said Easement, using the most practicable routes. 3. Grantee hereby waives all claims against the State, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the use by Grantee of said real property or the exercise of said Easement, and Grantee agrees to save harmless and indemnify the State, its officers, agents, and employees, from any and all loss, damage and liabi lity which may be suffered or incurred by the State, its officers, agents, and employees caused by, arising out of, or in any way connected with the use by Grantee of said real property or the exercise of said Easement. ~+. State expressly reserves the right to the use of said real property, in any manner, provided such use does not unreasonably interfere with the use of the Easement herein granted. 5. State expressly reserves the right to require Grantee, at the expense of State, to remove and relocate all improvements placed by Grantee upon the Easement upon determination by State that said improvements interfere with the future development of State's real property. Grantee agrees that within one hundred eighty days after written notice from State of such determination 6y State and demand for removal and relocation of said improvements, Grantee shall remove and relocate said improvements to a feasible location on the property of the State, and State shall furnish Grantee with an easement for said improvements in such new location, and Grantee thereupon shall reconvey to State the easement herein granted. 6. This Easement shall terminate in the event Grantee at any time during the existence hereof, fails for a continuous period of eighteen months to use said Easement for the purposes herein granted. In the event of such termination Grantee shall deliver to State within thirty days after service of written demand therefor a quitclaim deed to the rights arising hereunder, and shall, if requested by State, and without expense to State, and within ninety days from such time as State may notify Grantee,.remove all property and equipment placed by or for Grantee upon said property and restore said premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, State may do so at the risk of Grantee, and all cost and expense of such removal and restoration shall be paid by Grantee upon demand. t i '/ i t ~ f z. y :! 3 2 3' j' E y k3c. S.L. ~i STATE OF CALIFORNIA ) County of Sacramento ) ss On this 3rd da~of September. 1963 before me, Grace H. Rader, a Notary Public in and for the t~unty of Sacramento, State of California, personally appeared W. C. Vincent, Jr., Chief, Property Acquisition Division, Department of Finance of the State of California, and known to me to be the person who executed the Nithin Instrument on behalf of said State of California and acknowledged to me that he executed the same as the free act and deed of said State of California. witness my hand and official seal. ,~ ~! ~~-~ GRACE H. RARER. Notary Public, State of California • Principal Cfflce, Sacramento Covey a~1y Commission Lxpires San. 18, 1967 1 ID8 "O" S[., Room 317, $acramenio 14, Calif. IN WITN£55 WHEREOF, this Agreement and Grant of Easement has been executed in quadruplicate 6y the parties hereto as of the date first above written. COUNTY OP BUTTE ' APPROY£0; Hate Charrp?t~n~OTrector of ,,, ina ee 9y Chief,_Property Acquisition Division ~;? :'r`d '':31..td~~.`c, '. Co ,; 7:75? ~{ ~ Jf~i .i + t i ~k '. - t3 ~ t~r_" i s f( _~,-~. ~,L ~~~ 3rd _ Df9~i~ICT AGRICULTURAL ASSOCfATION Z