HomeMy WebLinkAbout70-038RESOLUTION N0. 70- 3~-
RESOLUTION ATTTHO1tYZZNG AGREII~EI3~
COUNTY OF BUTT~ AND SOUTHERN YACIFIC TRANSPORTATION C0.
. RE
Et1ST AVENU~ CR055ING N0. C-186.6, CHICO
W4~EREASa COUNT~Y OF Bi3TTE in conjunction wi.th SOUTHERN PACIFIC TRANSPORT
COI~ANY and PUBLIC t3TILI~IES COMMISSrON has conducted a survey of grade cross
in Butte County; and
WH~REAS, it has been determined that tl~e above-merefioned grade crossing
is unsafe and extxemely hazardous to the sa£ety and we11 being of the traveling
10
lI
].2
~.3
14
15
16 I
i
~.7
].8
19
20
2Z
22
23
24
2B
26
27
28
29
30
31
32
public; and
yd1i,EREAS, i.n order to provide Che needed protection~ the above-mentioned
grade crossing calls for the instaLlation o£ flashing lighC signals at Southern
Pacific Transportation Company' Crossing C-1.86.6;
NOW~ THEREFORE? BE IT RESOLVED by the Boazd of Supervisors of the County
of Butte, State of California, as follows:
1. That said Board hereby approves that certain indenture made the
_ day of March, 1970, by and between SOUTHERN PACIFIC TRANSPORTATTON C(~MPANY
and County of But~e.
2. The Chairman of Chis Board is hexeby authorized to execu~e~ on behalf
of the County o~ Butte, said indenture~ and his signature a~CesCed to by the
Clerk of this Board, and aclcnowledged.
3. That a certified copy of this Resolution be at~ached by the Clerk of
said Board to said indenture and the required copies Chereot.
1'ASS~D AND ADOPTED by t€~e Board of Supervisors of Che County of Butte,
S~.ate o£ California this ,~Stday of March , 1970, by the following
vote;
~Y~S: 5upervisors ~Iowsden~ Maxon~ T~cKillop~ Reyn.olds; Chairman
Aunaway
z~o~s : ~iorze
nas~: None
~ t ~ ~~ -
Chairman of the oard of Sup visors
of Butte County \
ATTEST: CLARK A. NELSON? County C1erk
and ex-officio Clerk of Che
Board of Supervisors
~~~~ ~~~
CZerk or Deputy
7~-3~'
_ __
~ AUGpST 1B, 1986
. ~ ~~°'STREE'f Oit HEGHWAY EAS~MtiyVT ,~; ... ~
,_~~.a~.~~
(~~t~i ~~1~#t~U~P, made this day of , 18 , bY and between
SOUTH~:IZI~ PACIFIC TRANSPC?RTATION COMPANY,
a corporation of the State of Delaware, herein called "Railmad," and
COUNTY OF BUTTE,
a politica3. subdivision of the State of Cali~ornia, herein called "Grantee";
~~21tP~S~#~f: .
1. 'rhat Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and t~se a street or
highwa,y, hereinafter termed "hxghway," vpon and acrosa the real property described on the attached Exhibit "A."
2, The rights herein granted are expressly limited vertically and shall not extend beyond a plane parailel with and
twenty (20) feet above the rosdway surface of the highway as originally construeted, except tha~ Xzghting fixtures and
similar highway appurtenancea may extend above said plane, prov~ded that any such facilities will be removed or rear-
xanged within thirty (30) days after notification £rom Railroad that such facilities interfere with Railroad's intended use
of the space above said plane.
3. This grant is subject and subordinate to the prior right of RaiIroad to use a11 the property described in the
performance of its duty as a common carrier, and there is reserved unto R,ailroad the right to construct, reconstruct,
niaintain, use and remove existing and future, railroad, transportation, communication and pipeline factlities and ap-
purtenances in, upon, over, under, across or along said property. In event tracks are removed from said property, Rail-
road shall not be obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens
and claims of title whiclz may afFect said property, and the word "grant" sha11 not be construed as a covenant against
the existence thereof.
4. ~'he rights herein granted shall lapse and become void if the construction or reconstruction o£ said highway~
is not comznenced within one (1) year from the date first herein written.
• 5. ~his grant shall not be constxued as conveying or otherwise vesting in Grantee the right to install or to au-
thorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any tele-
gra~~h, telephone or electric power lines in, ugon, over, under, across or along said property, except as necessary for
maintenance of said highway. .
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, m.aintain and use said
haghway. Any contractor performing work on the pro~erty herein described shall execute Railroad's standard form
of cuntractor's agreement prior to comrnencing any work on Railroad's premises.
i, Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing
~nd ma.inf.aining said highway. The crossing of said highway over any tracks of E3.ailroad shall be constructed and
mair.tained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
highway has been completed, Ii.ailroad shall maintain the surface of that portion of said highway between lines tu•o
{ 2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Rail-
z-oad may abandon its raiis, ties and appurtenant materials and leave the same in place. In such event, Railroad shall
not be liable for maintenance of the portion of said highway specified above.
8, As part coneideration herefor, Grantee agrees to pay Railroad an amount equal to all assesements levied by
any lawful body against the property of Railroad to defray any part of the expense incuxred in connection with the
construction or reconstruction of said highway commenced withxn one (1) year from the date first herein written.
9. Shoutd Grantee at any time abandon the use of said property or any part thereof, or fail 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 aban-
doned or discontinued, and Railroad shall at once liave 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 dis-
coittinued or abandoned. TJpon terxnination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of Raitroad, 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 expenae of Grantee, which expense Grantee agrees to pay to Railroad
upon dexnand.
1Q. Should Railroad remove or abandon in place all oF its facilities at said loeation and Railroad no longer desires
tc~ retain intereat in said property, Grantee shall be required to purchase Railroad's interest in said property at the
then fair market value.
11. `£his indent~re shall inure to the benefit of and be binding upon the auccessors and aasigns of the parties
hereto.
12. It is understood and agreed that Sections i3 to 19, inclusive, on the
Insext liereto attached are hereby made parts of thi.s indenture.
IN WITNES5 WF3EREOF', the parties hereto have caused these presents to be executed in duplicate as of the day
and year first herein written.
SOLTTkIERN PACIFxC T1i.~1I3SPORTATZON COMPANY
BY
(Title)
st:
~ssistant Secretaxy
COUNT'Y OF BU'i~~ ,
,, ~ - , .': ~ ,
~~, ~. :% ~ `;' ., ~: ~_ ~ . .
Chairman, oard o 'uperviso~s
By ~~<...~~ ~',~ __r----`~ -
Clerk, Boaxd of Supervisors
,~
o ~
" HAF - VI - 2203d 32X~-2 -- 2 13/70
T N 8 E R T
East Avenue, Cxossing No. C-186.6
Chico, California
13. Railrnad slaall ~urnish all necessary labox,, materials,
tools and equipment to install and shall install two (2) flash-
ing light grade cx'ossing signals equipped with automatic gate
arm~s, togethe.r with necessary actuating and opexating ci'rcuits
and adequate instrument housing, hereinafter collectively termed
"signals", at said highway. Said signaJ.s shall be located approx-
imately as indicated on the attached print. Installatioii of azid
all materia7.s for said 'signals shall be in accordance with Rail-
road's exsual s~andards.
Grantee agress to reimbuxse Railroad for fi~~y percent
(5Q~) of all cost and expense a~ncurred by Railxoad zn connection
wi.th ~he furnishing and installation of said signals.
14. Railroad, at its expense, will remove the existing
grade crossing in the track~ axea an8 prepare i.ts txacks, including
the furnishing and installation of solid timber planking along the
rails o~ the tracks through the existfng port~on of the crossing
area.
Railroad, at the expense of Grantee, sha1Z install timber
planking along the r.ails of the tracks in the widened portions of
the crossing area. Gxantee agrees to reimburse Raa.lroad for all
cost and expense incurred by Railroad in connection therewith.
15. The ~o~al estimated amount for whicli Grantee zs obligated
to reimburse Rai}.road hereunder is ~we~.ve Tl~ousand One Iiundred
Eighty DoLlaxs ($12,1$0).
16. Railroad shal2 subma.t to Grantee a bi21 for sixty per-
cent (60%) of Grantee's share of the estimated cost upon completion
of work contemplated, which bi11 Grantee agrees ta paromptly pay.
Should the actual cost prove upon completion of audzt to be more
or 3.ess than such estimated cost, the difference sha11 be promptly
paid by Grantee or refunded by Rai}.road, as the case may be.
17. After the in~st'allation of said signals has been eom-
pleted, RaiZroad shall maintain same so long as they reraain in
place. Cost of maintaining said signals shail Ue laorne and paid
for by the paxta.es hereto in accordance with Sections 1202.2 aizd
1231.1 of the Ca~.i.fornaia Public Utilities Code. The precise
manner and metk~od of determining applicable chaxges, mannar and
method of payment and other procedures under said sections shall
he govexned by any applicable decisions of tlie California Public
Utilit~.es Commission.
18. Tlie work to be per~ormed by Railroad hereunder shall
be eommenced as soon as laUor and matera.als are available, fo~~
lowing execution of this instrument, and sha11 be completed witlzin
one (1) year thereafter.
19. Grantee does not assume any lzability for injury or
damage ~o any person or property incident to 02• that may arise
during anc~ in consequence of tlie constructi.on, maintenance and
opexation of ~he signals referred to herezn.
INSERT