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HomeMy WebLinkAbout67-080Cr.F%''" RESOLUTION NJ. 67-~9- ~JARD OF 6UPERVISO1tS 1 2 3 4 15 6 7 8 9 ~a 11 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 27 28 29 30 31 32 COUNTY OF BUTTE STATE OF CALIFORNIA RESOLUTION AUTHiRIZTNG REQUEST FOR ALLOCATI(iN OF FDNllS TO PUBLIG UTILITIES COMMISSION OF THE STATE OF CALIFORNIA BE TT RESOLVED by the BOARD OF SUPERVISORS of the COUNTY OF BUTTE, State of California, as follows, to wit: 1. That said Board hereby approves and authorizes the request for allocation of funds from the Public Utilities Commission in connection with the following railroad crossings: a. Southern Pacific RR on W. Liberty Road 4Crossing Na. C-15b.9} b. Southern Pacific RR on W. Lindo Avenue .(Crossing No. C-186.3} c. Southern Pacific RR on Elliott Road Crossing No. C-198.7} 2. Tkxat the Chairman of this Board is hereby authorized to execute said request, and the Clerk of this Board is authorized to attach a certified copy of this resolution to said request. PASSED AND ADOPTED by the Board of Supervisors of the Gounty of Butte, State of California, this 2nd day of May , 1967, by the following vote: AYES; Supervisors Dunaway, Maxon, McKillop, Pryde and Chairman Howsden NOES: Nnne ABSENT: None f Cha rman, Board of Supervisors ATTEST: .TESSIE ROGERS, County Clerk and Ex-Officio Clerk of the Board of Supervisors, County of $utte J putt' E~FIIBTT "A" A~~1~ A G~ossi~ k'roteotSo€s ~+'4mda Gave No. 5495 AltoaatfaYa Requ®et No. F~equvst ®~' Gauuxy o~ Batts ~e~ A13.ocati®e~ ~r®m C~~sss3.e~ Bgotr~ctio~i I~+se~d for ~Sateotio~t apt tine ~o21ow~4.ss$ Gr®ssi~tgsa A. 5~aatEiesa ~'ac£€ic $R vts &7. ~1bs~tp Road gC~ossi~ AToo Cb~.56<Q~ Ba ~asathe~ &'aeif3.c RR os ~. Z3eedo Avenue C. ~oa$he~ ~aci~io P.fi orb E1Pfntt Road ~C~ossf~g Igo. C~198.~~ ,,,.~R A~.OCA~1~ bF Fllf3b3 wee Go~tq og Yiutte® Seats a~~ CaZS~ox~aD be~eFrq ~eq~+ests the 3'csbl~.o i3tiliti~s Cos~tg~ r~ioo to ms?ce afa alflocetiasx eo sppRiaa~ fto~ ~e C~osg~ P~otectde€e ~iad ~.xt the r~-$~awn ~moa€a~tc rss' ~9aS72,~i~D 8 al~.o~xt~.on® ho~e~er° xaot to e;zceed ocesabelg of the sotuaE cosEs o~ a~-plioaz°t°s ®1~sxe o~ t4se oasts o~ ooustrceetisag prrotecttota at the ~alEo~Sa$ ~rossse .~. Saazttverea ~ac~.£ic R.R Sc ~T. &iber~tq ~ioad QC~ossiaag fop C~155.9~ Ba Satatixetan 1'aei~ia R$ ~ t~. ~iudo Aveneze QCrosesfug IVo. C~1S6.3~ C. Sout~a2~ ~aci~a.c RB ~ B113att Road ~Cao~s3s+g Ydo. C~13~8.7~ 2. At~ched as F~hi~iit A iB a tscue eopq o~ a ~~solatioo adapted bq else Board ok Supeav:~oors o£ tAe Gout~tq u~ Butte, auttaox~tsie~ sisbar~.s®3.on o~ ~2s ~e~eae~t. 2. p;reusat p~otectivn at otvsaiasgns A, W. l,itaetty Rand m ~rooden c~asabueks each elde o~ t~ac~csa B. t~. bf.~ada Avenue a ~rovdeta of®e®bsaalcs sash ®ide of tgac~cs. C. B11iotS B.oad - woody csosabucks each side o~ tsaei~a. ~. btopasecl psotect•Lou at cxossitxSse A. W. 3.$be~ty Road - tiro Pto. 8 ~Iata3ai~ li~rta auppiemeated t~.eh auto~eSc $as®s. B. UI. Lia3o Avefa9se o pro T3oo B fls$$af.~ Iig~-t9 supp2e~a~tgd ~.t~t auSav~t$a $atesa ~. E~l~.o~t ~o~a a tvao ~~. s ~~$~~~~ ~.~~~~ ~p~a~d~ A -~- tae Vehgeaslss assd traits ~raffies ~a Wa ~iber~g Roezd g~.~ o ~ehictes ~ ~~~ ~~~ ~~y g2~ a ~~~~+~ 0 2s ~~~ d$y B< Wo %indm Averse ~1~ > C~ehiaaea - 32~ ~eex~ day Q2) o Tra~tsea - 2S peg' day C e E1~.iogL Road ~g~ a i~et~alci~ea ~ ~,go® peg dAy ~2) a Tram - oae ~stsin #~ each dire~t~.o~a9 ais days a ~'eetC ~ ~$stmcd ooata of ins~aila$ion ,are at~ach~dE as exhib~,~a ea fallorr~ms Ae ~nibi~ B-Le Fio LiberCy Rcaad So R9ehibi~c 8-2a 6ia &fs2do Atvegtsae Co Esdeibi~ s-3p B3.}.iore Y~ad tvo T~ e~iea of agreeu~tx~e be~creen apn3icaa~ setd rsib~eoad a~ a~~ac#ed ea egtb,~.b~it~a as foll~waa Ao Exhib$t t°.•ga b3, ~,$be3'~y ?Rand Bo Extnibi~ C~Ze S~7o i,~nd© Ave~ae Co R~3bi~ C-3p ~:1$iotic Road ?o Thee Cagy ®4 Butibe is wiilis~g aad able ~o parG:~.cips2e ita ~4as co$~g of coz~~a°eaetiasg iFa ate a~o~sn~ of $9a87Z95f! attar and above the aet~ of ~kae xega~:s~ed g~.iacagio~. aped rshie a~~.~ etas beau bcut~~ged is the caorren~ fiaa:si gear a $o Na a~saiea haven base exged toy app~,ica~s~ for aroasiaag proeectiow durria-~ ghe 1.as~ three flaoaZ yearso 9o Puuda foe ~aaee~aat m~nrtcirags $ast adva~s warca~ng a~.gna are 3.ucleaded fn the Coura~y°s astsiateaaa~se bedRa~, T@se~ ~arkis~gs a~ signs wtitil be pia~d ~Srlo~ ~o car~$eg3.sag of $he new esessin$ ~s~alP.ari~sa ~2~~SS~di~t ~ m~4 '63:I~'[3~D ~P~.~.o~~x~ s~equ2s€.a are s~~p~o~s~iae~ a3lcs~a~:~s~s bzon ~.tte ~~®ssi~g a r~cs~a~~~.vza ode Awed ~~ 4~~cx~~.~.Ye9 ~a~i~©~ise ~@~fs ~ dey o~ m ~967e ~~~/ Chsi~~€~~ tioaxd oa Seepe~rtisorg ~©t~2y o "~~~e ~ Asa ~(4t9~~ BE ~t33`T~ ~ e ~ei~ ~%YFl~` d421y suo~n~ de~os~ea ~mmd sa3rse t Fxe is die ~F~ai~~ o~ ~~e klvare~ oY 5axpex~riacs~ra ~~~ of ~u~~e.Q appli~sa~ Fsexeiea ~® dead ~€~e ~v~e,~ai~ ~gs~, arad Pt~ecrae ~F~ ~:v~~~~s e:Fl.~eo~; ae~d EQta2 lttae ate: is ~€-er~ ob Baia oea~n F~scusied~c e:~~g~ a~a ~a ~~~e~s s~~~ed on ir.~oz~iors end ~ei~.e~g Baal &t~~~ es ~© done a~a~~ex~a 8~~ bel~.s~es i~ ~a Fie ~a G'Feai ~o B of S~p¢rvisose ~o~aaa~ o~ Butte SuL4Q~riired e~cY srao~t to ise~cs~ tftis ~~~°+~i'~Pr ~~r`g ~,°6d3ES8~'~ ~ fit ~1Yd~ &OL tie ~ostitty of $utte0 Stato os Ca13.~o~x~..a ]2t Ct$3Y COUNTY OF BCTTTE WEST LIBERTY ROAD CROSSING C-]. 6. INSTALLATION OF AUTOMATIC. CROSSING GATES . $UlR~1ARY OF C03T 1. Material-Protentive Oevioea and Other Material, 5,830 exclusive of Cirouita ................................ 2. MaterialE. Cirouita ................. ................ 6,??0 3. lLabor •. Installation ................................. 2,100 1}• Labor -.Movement Of Gangs•~.r...~...~................• 200 5. Labor -'Supervision, Aocounting, ~tailroad Retirement, Vaoation and P.D• & ~.Yi. Inauranae.... ........:....... ?~? 6. Materia3.~ Handling, freight a~ad Storage Expense. , ..... 2, 016 ?. Rental of Equipment .................................. 210. 8. .Contingenoies ..::.......................:..,.....:..... 1,??? 'TOt81 ~'io8t.•~'..........•.....i..........a ~'9,6~~ / Southern Pac~f 3.g,'Co. , ,{~0~~, . , , 9, 825 Dr.......~ounty oP Butt~.(5~~)..:........ 9'825 .~.1'fi~/c°~/T r~~~ rr COUNTY OF BUTTE WEST LINDO AVENUE CROSSING C-1$6.4. INSTALLATION OF AUTOMATIC CROSSING GATES SUT~II4ARY OF COST 1. Material-Protective Devioes and Other Material, exaluaive of Cirouite ................................ 4525 . 2. Materials Cirouita .................................. 2025 3. Labor - Installation... .............................. 243a ~• Labor -.Movement aP {~atag ................w.........,.• 200 5. Labor .. Supervision, Aooounting, Railroad Retirement; Vaoafaon and P.D, & P.L. Inauranoe.... ................ 960 6. Materia~:.$andling, Freight and Storage Expenee..o.... 1050 ?. Rental o~ Equipment .........:.......:................ 220 8. Contingencies...:.... ...............:...:........:..~... 114.0 7~ata1 Coat.............~ ....:.:........... 12550- . DR.~ SP CO.. ~~~~~....... a ....... 6275 Ih'........ COUNTY- OF BUTTE ~ $0~.~. ~ ........ 6275 ~~ i ~ COUNTY OF BUTTE, CALIFORNI.. INSTALL FLASHING LIGHT SIGNALS AT ELLIOT ROAD CROSSING N0. CH~198.7 SU?~II9ARY OP° CCST' 1® A9ateria~,..Prot/®votive Ravines and Cthar Mat®rial, tl3COlL19iVa of Clrouits•.......s.ae...oe.roes.......... 2335 6 ~. Material: Cirouits .........................~........ 915 3. Labor - Installation ................................. 1750 ~. Labor - Movement of fsang ............................. 200 5. Labor - Supervision, Aooounting, Railroad Retirement, 696 '~aoatiot~ and P.D. & F.L. Inauranoa ...........:....... 6. Material Handling, F~®ight and Storage F,~penee....... 550 7. Rental of Rquipment ..........................:....... 200 V• Contingenoi0~.........o........e.e........s........•e.• - EJ~ Total Cost ...................:.........:. 7290 .~.P.4o...50~ .................. 3645 Dr.Sundries..~~~ .......:........:........ 3645 r t i E,Yh'/~/T r~-3'~ . ~..4F - V - 11/23/GS - 9.` '1/S2I-2 - 3-65-1 M C.G. 7362 ~~ '~~~~ F;jjjfj~~~~~Q1~Qn made this ~C ~-- day of ~~, u~~ ; 19 ~(~ , by and betwe..n S'~'C7TsiERN PACIFIC CG1Fa~A~TY, a corporation of the State of I;elaware, herein called "Railroad," and CO'tTDTT`I OI' P~l'jTTE, a political Subdivision of the State of California, herein called "Grantc~." ^~~i~evi,'~~iG~~~~o ti. 'What Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and us: a street or highway, heminzfter termed "highway," upon and across the following describ.~d real property: A strip of Land, 60 feet in width, situate in the southeast quarter of Section 1; and the Northeast quarter of Section 12, Townshi~o 17 nTOrth, mange 2 East,, TiiotFnt Diablo Base and l4i~radiai•I, Couizty of Butte., State of Calif- ornia, lying equally WO feet on each side oA the folloEVing described center lane: Beginning, at a point in the easterly line of land, 100 feet wade, of the .Southern Paci•iic Company, said point being distant South 83' 4.~i° ll" rest X05.44 feet measured along said section line from the souclaeast corner of .said Section l; thence continuing Sou•zh S9° 4~° 11" "_'. and cross- ing the center line of said Caypany°s-main tracl~ (Roseville - Portland) at or near WS 841,-52, a distance o-1 L04-. 47 Beet to a point in the westerly line o= said Company's land. The site lines of the above described 00 s=oot Zvi de strip of land terminate in said easterly ai~Id .westerly lines. TrIe above described strip of land conta_ns ail area of O. 144 of an acre, more or less. the above--described real property is showr_ on t3?e print o= F~ai1- road's Sacramento ]division 33ra~,;i ng a-20x7, revised Ssate:nber 22, 1965, attached and made a part hereof. 1-a. a~,ailroad shall -iurniNh all necessary labor, :~~aterials, tools and equipment to install, and shall irfstall, t?vo ~2) -flaming light grade crossing signals with automatic gate ar-ris, •~oJ-ether with actua-~ing ~:nd operating.ci-rcuits and adequate instrument i,olzsing. Such installa- tion shall include the -removal of %Vwo ~2) existing crossing signs. Installation of and all materials for said sigi:als shall be in accorc:~- ance with tailroad°s usual standards. 1-b. Grantee agrees to reimburse railroad p?°ora_r~t1y ur~on receipt oi- :~i11s therefor, for fi •r•~,y per cent (50fo) of all cost and expense inc~:rred by Razl-road in connection witls the W'urnishing and i=~s~i,allation of said flashing light signals ~~Jith autar~atic gate arms and appurte- nances acld the removal of ~l?e existing crossing signs. 1-c. railroad shall t:ao_'oa'.~•;.^ >~!aii?tain Said s=.,;i?alS 1Vitl1 alai©- matiC gatC- ar7fi5 and app°::Y'tC'_ ZnCeB SO :.011-,~~ aS tlkey Sl?sll rC'maZ1l in pace. ~xr2 ^tee a"rC'ES, iYl ?.000rdak2CC l'Ji t'f: anG ~,L1rSllan'% t0 ~ C ti Ok2 120?. `~ Of the .: u:~__c Jt.-- ties Code, to .;~~._ f'i _ty po_ cent ~50;~0) o. the cos-:. 'i;o :aiWOad in ma3.nt%1riii~~' Said S%~nalS ~','~-~?? ai1t0k21aL`iC bate ari:IS <-_ a_sa-rter_kneeS. =_aiiroad V1?-_ ~J?11 ~r~LGCC~ f267G G1Y!0 20 '1.i11zF' i0_ E/ Grantee°s share of the cost of maintaining said signals FFJith automatic gate arms and appurtenances, l-d. the wor?~ to be performed by ~,ailroad hereunder shall be under-i,aken as soon as labox anal niate_°ials are availab3e fallos:~irg' execution o~ phi s ~ndentuxe, and shall be eon~pleted V/i'~'tlin one (1) year thexea~te-r, 1-e, County does not assume any liability far in,3~sxy or damage to any person or prope-riy inc~~.dent %o or that Yr!ay arise during and i n consequence o~ 'che canst-ructian, maintenance and ope-ratian o~ the signals re~erred to hexein. 2. This grant is made subject and subordinate to the prior and Continuing right and obligation of Railroad, its successors and assigns, to use aI] t_he property described herein in the performance of its duty as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe Iine facilities and appurtenances in, upon, over, under, across or along said property. 3. This grant is made subject to all ]icenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word GRAN"I' as used herein shall not be construed as a Covenant against the existence of any thereof. E. The rights herein granted to Grantee shall lapse and become void if the construction or recon- struction of said highway upon said property is not commenced within one (1) year from the date first herein written. 5. This grant shall not be construed as conveying or otherv,~ise vesting in Grantee the right to install or the power to authorize the installation of any ditcres, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway upmi said property from the governmental body or bodies having jurisdiction thereover. 1, 7. Except as herein otherwise provided, Grantee sf:a[I bear the entire cost and expense of constructing, reconstructing and maintaining said highway upon said property. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said track now or hereafter existing. After the construction or reconstruction of said higinvay has been completed, Railroad shall maintain the portion of said highway between lines two (2) feet outside the rails of each track located thereon. o. Grantee agrees to reimburse Railroad €or any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroac) to defray any part of the cost or expense incurred in connection with the construction or reconstruction of said highway upon said property commenced within one (1) year from the date first herein written. 9. 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 said purpose for a continuous period of one (1} year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of the said property, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highte•ay, in- cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should Grantee in such event fait, neglect or refuse to so remove said highu°ay 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. 16. This indenture shall inure to the benefit oi' and be binding upon the successors and assigns of the parties hereto. IN WI1'NE5S ~VI-IEREOF, the parties hereto have caused these presents to be executed by their respective orTicers thereunto duly authorized as of the day and year first above written. _~ i~~;;~_;~~;~; /C~\ i/X SOUTHERAI PACZFZC COMPAi~Y ~' 1 COINTY OF BUTTE ..ATTEST. 2 4.F `- ~z ',,, r Assistant 5ecret~ary /;: - ~ is ~~: Chairman, Board of Supervisors ATTESTe Jessie Rogers, County Clerk Depu .. _ _. w-- .I ." ~~~~~ ...._, ~ -;..J if:~if~l~._ ~ € @ i j ~ '~ ~ i l ~ '' E ~ n ~ 7 ~ ~ ~ ~ ! ~` 9 \ J ~ ~. ~ [ ` ~ I \ ~ f , J~ !\ \ I `JI \ , `, ~ ~ ` `. / \ , ~ - ~~ ~ / ti ~ .., ~~r /J ~ c ~~ _ t ~ ~ ~. .~ „~ I j ,, ~ L i.=r~ ~ _ ` ~, ` 1 ~ ~ ' ~ \\'- i; ~ ~ ~~~~ i l ~'~ ~~ V r \: ~ ; ~ i ' - \ ` \ ~ ' ~ l '~~ . 1 ~ ~ ` ~'j ~ ~ I ~ ' `mil ~ ~ ; i ~ ~ ' ~~; ~ V s~ k -ti :'V tea-!! i ~ ! ~ '. .. ~~ ~ { \ }e~ ~ _ _. ~~ `\ f ~_ .S ~ ~ t I T'f i ^~ [ F .~ _ ~. ~ -~ i € ~ ~ C4 `~ ` ;~ 1 I r f ~_~i -~ j ~ 1': i j - 't ~ t~ l L I I ~._ _~.....__r~ ~ ___-- . l / i ~~ `i7 _ i t .^} _'r - iu'1I` - VI - ' 2/2~1JU~ - ~= 3 ~r'.~~.JS2S-2 . 3.65-I M vk~~~ ,~~.J'~~~611~yT o~CQI', n, made this I '"C -- day of ,•,~~~J ~~, •r.. i t :%-' C.6. 7362 , 19 ,. ,. , by - __ and between SC7i'I.~RN P~Ci IC Gv:~~..i1?~r, a corpokatson of t'~.u ~~~?te o' ~3ela~lare, here'sn called "Railroad," and Gv'ET~~T1Y OF' 33U~L,' a oo ~ ? t,ieal SU'~Q7 V7i.S~.O?2 0~ 'ii_~ State o~ ~;ali~ornia, herein caller "Grntee." is J~~L~Gu~G~fs~j: Il. "t"nat Railroad hereLy grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, hereinafter termed "highway," upon and across the following d~ .^r~:;ed real property: y parcel. O laved ~tuate, lying cZ=I~ beiZ?g ? =~ ':,i=.°.. SO'.7tii~aS"~ Ct?4.:i ,C--_^ O~ .~",:?Ct10i3 .~.~, i"01'lllShip `L`L' ~O:Cth, i~`~c?-tee .`3 ~a5::, ~;'i~~o-moo <°i'. o., ~`Oi!?=zy G-_ 23utte, Stax;e of Cali:~o-rnia, more pa_F~,;icularly dcsc=F-_"~sdas collo~4ls~ ~ECrIi~~FKl~o~s wt the no~°the~?s-c corner o-_~he so-.~~-ulae~'s-a cuan',er O:s: the SOi1tI3Ga-S'{: G'E?~,Y°'e,:s'= O~ r~eC~~..Oti'? i:~~ ~.`%a~r, 1i~C,, 1,s.l~o=iai:'r~o s t1i.°nOe North. a/°~ 6L'~~t; ~~:eSi:3 ~Jc'~o~:~ See-L -i:0 t:ae isaS~.e'rly ~" r1@ 0~1 land ~~~`~ iL'~."¢". ~T??GL'~ Os uOLE ~: ~~v"s"":.~ _f~u :i sic Gomp4_y; tewce South l2°29v~5TS 1`7es-~ alo~~o sa•?d .....a~c~~ly J.1nv, ~flol'-j se@t 'GO ti3L' ir.=L3e F~t..v~'t-1'~`. O.~£ ~C'~=?_~? ``r. G3: 'i~~'1~ ~.-rcel of Iw~~d ~;o be dos;:rYboel~ ~~he:~ce cort_=-•~~-~=~ So°wth '. `) °GoJ c [i ~v' C 7G-'S~~ along S2.'3 %! ~:astc:="~ y ~.3nG~, :~~s o _,!_s"•:~'~`i". ~ 'i12e?tcv' ~i7o-r%h 8o°B4-° S'Test, IONS-'_! Beet to a ~ o-.-=- - --- '=:hG ~?esterly lino of sas.d Co~r_pany8s s".aazd9 thence Gc~-;^ _~°29• ~a19 Nast 2..i0i3g Sa1d ~lesterl.y line, I~JarJa =e~.t~ '~--.1C±GG~ Sou,<z 89 °l6 ° i6" fast, IC~2, l5 wee c to the t_ L:cr -go=~~-. of ueginning, containing an area o~ ©,~<'~ o:€ as sere, .no.e or Less. 'he above described str~! ~ o:~ l~.nd is shorn: on ~~°~.n o~ li.a'='i ro~~c~° s Sacr:..~~cnto ~zvis-ion ~ra~ving ~1-2210, i~evi.sed ~.;?r~.T ~~, 1~~~--, att.ched and ~~.de a part hereof. 1-a, Railro~.d shah. %u:cn~sh all necessary T a"ao_ , ~.atez ial.s, tools and er,.uipruent to install., any: sha:~.l ~.ns~;aT'!, -c~?o fl~.sYsing ligh% grade cressinv' signals togethe3 with actuat~.ng any opera-~,ing circuits and adequate instru?nent ho~xsing, S~.id ssgnals sisa~.-' be Tocaterl approximately as indicated in red ors the a'ctached y~-_~-i_?t and. s1~aT? replace the ea~s.sting Standaxd i~;o. l ClOSSir>g signs in:~.ca~:od zn yal.lc~~? on swirl _~~.nt, GraItee a~keC'S 'i;0 rL'7.Fi,JL?S"S~ 3'i.a~.~i:Oc^aC~ ~~'Ok2p-GY~ -t?:~_? rOCG~~3~ O bills therefor fok iii cy ~ ~C; ;,per c~•~=: • of a' l cos'.: .____;- czpynse incu_rec; isy Rai7.road in cornoctior_ ~~'?-~-::~ the furniw'~~:;~ and ~,s";a' '.~ ,tea-~~~~T `c-~ Lion of said dashing light signals and appurt.enai~ces and the --removal of the existing crossing sijns, the estimated cost to railroad in pes~orming _chc- ~~orl: conic-.n- plated in Section 1-a hereof is SeYren thousand ninety 1ol=ars (~7,OJ0,00), hoSaever, Grantee4s obligation to 'reimburse :?ailrcad shall be cased on the actu2l cost to railroad in pero"rmin such 1~1or1> ~vhethe-r more or less than the said estimate, 1-b, railroad sha31 maintain said signals so Iong as they remain in place, Grantee shall pay ~i-qty per cent (50`x) os the case oz such maintenance, i~ allocated sunds, as p'rov~ded in Section 12SZ,1 0~ the t~u't~lic Jtil•i ties Code, a~°e availabls, 1-c, Grantee does not assume any liability for ~r_;;ury or damae to any person or property incident to or i:l~at may arise during and in consequence of the construction,. mainteance and operation of the signals re°erred to herein, >;< 2. This grantee made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the aerformance of its duty as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the riga {consistent with the rights herein granted) to construct, reconstruct, maintain and use-existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe line facilities and appurtenances in, upon, over, under, across or along said property. 3. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said properly and the word GRAN'i' as used herein shall not be construed as a covenant against the existence of any thereof. a. 'The rights herein granted to Grantee shall lapse and become void if the co~tstr uction or recon- struction of said highway upon said property is not commenced within one (~) year rom the date first herein written. 5. This grant shall hoc be construed as conveying or otherwise vesting in Grs.ntee the right to install or the power to authorize the installation of any ditches, pipes, drains, sewer or ur>.~erground structures, or the s'acilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said 'highway upwt said property from the governmental body or bodies having jurisdiction thereover. 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing, reconstructing and main#aining said highway upon said property. The crossing o said hig[nway over any tracks of Railroad shall be constructed and maintained at the grade of said track row or i:ereafter existing. After the construction or reconstruction of said highway has been completed, Rai`:oad shall maintain the portion of said 'Highway between lines two (2) feet outside the rails of each track located thereon. 8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction or reconstruction of said highway upon said property commenced within one (1) year from the date first herein written. 9. 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 said purpose for a continuous period c_ one (1) year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or assigns, shall at once have the right, in addition to but not in qualification of the ri~las hereinabove ; eserved, to resume exclusive possession of the said property, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the Fights hereby granted, Grantee agrees to remove said highevay, in- cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said high~.vay, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway and restore said property, such removal and restoration may be performed by Railroad at the exacnse of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOr, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of ~ day and year first above written.-,• _ ~ ~~~: _' ~ -1~u; APPROVED AS TO FORrL1: ~uvJ`~`" ~!V r , ~; ~~." ~ GG~: ~ 1~c~ : V y ~, J j Co~~Cyaunse Count Butte ~,"i'r'e APPROVED AS TO z`i1T?D59 -=~.~is`d`~~'~ ;~;;~s~e,~ry > -. Auditor-Cont-roller,~Caunty of Butte COi.~. _. ----..,_n GCs.. ...1 ~ ~xc:;ed '~, i GCS ~2I."-_a" -'-iI_.~v...=.. J'..~: ,5't!~3 Gas: F77..S0_.~, ! I ~`~ ' ~ RAF ~» ?/27/66 .-- V -- 92199/323-2 ~, ~ ~~y ~,3~~6 3-65-1 M C.6. 7362 ' ~3`~~:iJ :~l~''L~Q~~:~~~y made this ~ ~r--` -- day of ~ ~'::;,lG;Y1~4~ , 19 b~i , by and between Sd"t]'1';~,N PkCIFIC COi~IPANY, a corporation of the State of ~elawa-re, herein called "Railroad;' and C~3'J~>•T";:' QF ilLT~"~~', a po~.i.tiCa1. subdivision o~ the State of California, ' herein called "Grantee..' C~'€~~~~it2~. 1. That 12ai]raad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, hereinafter termed "highway," upon and across the fol?owing describ,9d real property: A piece or parcel of Iand si'cuate, being and lying in the Arroyo Chico Rancho, County of .outte, State of California, and gore particularly described as follows: ~eg-ir_ning at a pai~?t on t_ie southwesterly line of Sou'~heri-~ pacific Com-r~any4s land; disi.ant 50Q00 ee•c south- t~res~4erly, measured at righ'~ angles, from j,;_ze orYginal located center line of said Company4s E,?sin track (~~osev_lle-~`eharna} at~ngineer4s Sta•i=ion 255-;~65,~v^, said po-in<L '~ei~~g also south- 15~esterly 160.00 feet from 'che most no~therj y co:~_fnc-~ corner of ~a'cs 9'.i and 92 as shown on 'chat eertain ma•~ of "'~ e Second subdivision of The John E_awel_ Ranch", f-~_cd .or _~ecord in . ~ool~ 5 or Maps, at t-age 27,3Ltte County Cticia~. =Zeeords9 °~hence North 6I°28430" 6Yest along said southweszc~°ly line, 60ofl0 fee'c to a point; %hence North 2~3°31450" Ease, 100,00 -_eet to a point on th.e northeasterly line of.land of said Company; thence South 61°28 40" East along said northeasterly line, 60000 feet to a point; thence South 28°31°30" ~Yest, IOO,OG feet to the point of beginning and containing an area of Oo138 acres, more or less. The above described parcel of 1«nd is shown on the print of nail-road4s Sacramento I3ivisio~~ ~ra~~~i.ng No, 0-2108, revised April 5, 1966, attached and made a part hereof. -~_ ~f RAF - 7/27/G6 - V 1-a. Railroad shall furnish all necessary materials, labor, tools and equipment to: (a) Insta~.l two (2) .flashing ligi~t grade crossing signals equipped with automatic gate awns, together with actuating and operating circuits and adequate instrument housing, (b) Prepare tracJ~s and install timber planking along the rails of the track through the new grade crossing area, (c) Raise the railroad aerial signal cable to height sufficient to clear the proposed new crossingo (d) llemove crossing signs and the pavement along the rails o, the track through the existing crossing area, Grantee agrees to reimburse Railroad promptly upon receipt of bills therefor, for fifty per cent (50`0) of all cost and expense incurred by Railroad in connection with the work to be perfor;~~ed by Railroad under item (a) above, Grantee agrees to reimburse Railroad for all cost and expense incurred by Railroad in connection. with the work to be performed by Railroad as set forth in Items (b), (c), and (d) above. 1-b. Railroad, at its expense, shall change out ache running rail in ?ts main track through the crossing area, 1-c, Grantee, at G-rantee's expense, shall furnish and install and thereafter maintain adequate drain pipes under the new roadway on each. side of RailroadQs track. 1-d. Upon completion of the construction of said 'Highway, Grantee, at Grantee°s e:~pens e, shall take all necessary action to abandon, vacate and close to public use, West Lindo Avenue Grade Crossing i~o. C-186.4 located as indicated on the attached p-rint~, 1-e, Railroad shall maintain said flashing light signals with automatic gate arms and appurtenances so long as they remain in place, Grantee shall pay fifty per cent (50%0) of the cost of such maintenance ii allocated funds, as provided in Section 1231,1 of the Public LTti1i-- ties Code, are available, 1-~. Grantee does not assume any liability for injury or damage to any persan or property incident to or that inay arise during the construction, maintenance and operation of the signals referred to 'rerein. 2-- ~.-g, The work to be performed by ~.aiiroad hereunder sha1~ be unclercaken as soon as 3.abor and materials are avai3ab3e zolXawing e~.ecu~ion o~ this agreement and sha7.l be comp~.eted wi~hin one (~.) year therea~'~er. 'F ^G ~~ JAG ~'F x: ~F %r 7;: J,'i aG -S- .,~ r~; ;., c'ti ,' kn 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property descri'cti.d herein in the performance of its duty as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe line facilities and appurtenances in, upon, over, under, across or along =.zid property. 3. 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. ~1. The rights herein granted to Grantee shall lapse and become void if the construction or recon- struction of said highway upon said property is net commenced within one (1) year from the date first herein. written. 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to in::::WII , or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said ~ property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway upon said property from the governmental body or bodies having- jurisdiction thc-reover. 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said highway upon said property. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said traelcs now or hereafter existing. After the construction or reconstruction of said 'nighway has been completed, Railroad shall maintain the portion of said highway between lines two (2) feat outside the rails of each track located thereon. 8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of any authorized iawt'ul body against the property of Railroad (and which may nave bee, paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction or reconstruction of said highway upon said property commenced within one (1) year from the date first her. in written. 9. 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 said purpose x`or a continuous period of one (i) year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, its successors or assigns, shall at once have the right, in addition to but not in cualification of the rights hereinabove reserved, to resume exclusive possession of the said property, or the part thereof the u~.n of which is so discontinued or abandoned. Upon termination of the rights hereby granted, Grantee ag_-ees to rernove said highway, in- cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the .same state and condition in which it existed prior to the construction of said highway, and to bear the expense thereof. Should Grantee in such event fail, neglect or refuse to so remove said highway 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. 10. This indenture shall inure to the benefit of and be;bnding upon the successors and assigns of the parties hereto. 1N WITNESS PJIIEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and ;year first above written. - ;~~b~_~Au_.~:_, X,,,~~ =' Y` '~.GUT~~~.iiT: 1~ACF_~~C Cf31'tI~A~Ir'' ;~; Appro 2d as to Form: .~yo_ ~~~;. County 6ou•se1, Count of Butte ~~~ '" . / ~±ss~s~:ari~i, Seer^e~ary Approved as to Funds: ~(~/ J _ ~ /~CJIT_~iTT~?' GI` T3i1TTE Auditor-Controller, County of Butte ~ %~ ~`-~• - ~ya ~;( ~,~~~~~ Cnazi ja~~, ~a~~d a-= Su~~=viso~~s 'Q~, l L G ~ c.'~ C i e 5'L ~_~~ . ~~ - =`9~ '`~Q hc,~:,1?7 C~Ge~ Ly= J ~~7~~.._~-f' .. ~~~