HomeMy WebLinkAbout70-084. ~- ~~L4..f_~:..
RESOT~tTTION ~~70-84 '
RESOLUTION AUTHORIZING AGREEME[`TT BETWEEN
. COiJDTTY OF BUTTE AI3D SOUTTiERN PACIFIC C0.
PEAI2SON ROAD CROSSII~G--~~CH 198.6, PAR.ADISE
:
WHEREAS~ COUNTY OF BUTTE in cnnjun.ction, wa.th SOUTH~RN PACIFIC COASPANX
and PUBLIC UTILITIES CONlNIISSION has coaducted a survey o~ grade crossings in
Butte County; and
~7H~12EAS, it has been determined that the above-zttentzoned grade crossing
is unsa£e and extremely hazardous to the safety a~d well being of the traveling
public; and
WHEREAS~ in order to prov3.de the needed protection, the above-mentioned
grade crossix~g caJ.J.s £ox the installatian of flashing Light signals aC
Southern Pacific. Company Crossing Cii-].98.6;
NOW~ THEREFORE~ BE IT RESOLVED by the Board of $upervisors of the County
of Butte, State ot Ca1i£orni.a, as foilaws;
I. That said Board hereby appxoves that certain indenture made the
16th day of June, 1970, by and betwean SOUTHERN PACIFIC CONiPANY and the Countiy
of Butte.
2. The Chairman of this Board is hereby authorized to execute~ on
behalf of t€~e County of Sutte, said indenture, and his signaCure a~tested to
by the C1exk of this Board, and acknowle&ged.
3. That a certified copy of this Resolutian be aCCached by Che Clerk
o£ sazd Board to said indenture and the required copies thereof.
~
PASSED AND ADOPTED by the Board of Supervisors of Che Coanty of Bntte,,
State o£ California, this 16th day of Sune~ 1970~ by the following voteo
AXES: Supervisors Howsden, McKillop, RepnaLds and Chairman Dunaway
NOES: None
ABSENT: Sugervi.sox 1~axon
A~TESTa CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Board of Supervisors
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6e I~or Deputy c
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Chairman, Board of Supervisors
Gounty of Butte
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~ RAF ~`; VI - 22116/321-2 -~ 5/26/ ~~~`
~~PF3lOVED A8 TO F~RM BY QENERAL COUNSEL., . G.8.7a62
' AV(3UST F8, 1B86 - -
S~'REET OR HiGHW/AY EASEMEN~
~~t~i 71I~P11~~P, made this daq o# , 18 , by and between
SO1J'T~~tH pACIFIC TRANSPORTATIQN CQMPANY,
a corpcration of the State of Delaware, herein called "~tailroad," snd
. COIISiTY O~' BUTTT i
a politicaZ subdivis3on of the State of Californfa, herein called "Grantee";
; ~~1U¢~~P~t:
" 1. That Railroad hereby grants to Grar.tee the right to construct, reconstruct, maintain and ~se a streef or
.highway, hereinafter termed "highway," upon and across the real property described on the attached Exhibit "A:'
2. 'I'he rights herein grantec~ are expressly limited vertically and shall not extend beyond a plane paralle7 with and
. twg~nty (20) feet above the rnadway surface of the highway as originally constructed, except that lzghting fixtures and
si~ilar highway appurtenances may extend above said plane, provided that any such facilzties wi~l be rexaoved or rear-
ranged within thirty (30) days after notification from Railroad that such facilitzes izttexfeze with ~tailzoad's iratended use
J of :the space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad to use ail tne property described in the
per£ormance of its duty as a common carrier, and there is reserved unto Railroad the right to construct, reconstruct,
mainta.in, vse and remove existing and future, railroad, transportation, communication and pipeline facilities and ap-
` purtenances in, upon, over, under, across or along said property. In event tracks are removed from said propert,y, R.ait-
road shall not Ue obligated to make any change in the grade of said highway.
This grant is subject to all licenses, leases, easements, restrietions, conditions, covenants, eneumbrances, liens ,
and claims of title which may affect said property, and the word "grant" shall not be construed as a covenant against
the existence thereof.
4. The rights herein granted shalI lapse and become void if the construction or recon9truction of sa,id highway
i otcom}m~encedwithin t~vo (2) years from the date
~~x5 ~'1'~i8~gran~t sha~ not ~e construed as convey4ng or otherwise vesting in Grantee the right tio install or to au-
thorize the installation of any ditches, pipes, drains, sewer or vndera ound structw•es, or the facilities nf any tele-
graph, telephor~e or electric power lines in, upon, over, under, across or along said property, except as necessary for
maintenance of said highway.
6. Grantee ahall obtain any necessary governmental authority to construct, xeconatruct, maintain and use said
` highway. Any contractor performing work on the property herein described shall exeeute ftailroad's standard form
: of edntractor's agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided, Grautee sha11 bear the entire expense of constructing, reconstructing
and maintaining said highway. The crossing of said highway over auy tracks of Railroad shall be constructed and
' maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said
highway has been completed, R"ailroad shall maintain the surface of that portion of said higbway between Iines two
(2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leading to said highway, Rai1-
' road may abandon its rails, ties and appurtenant materials and leave the same in place. In such evex-t, Railroad shall
: not be liabie for maintenance of the portion of said highway specified above.
$. As part consideration herefor, Grantee agrees to pay Railroad att amount equal to all assessznents tevied by
any lawfi~l body against the property oF Railroad to defray any paxt o£ the expense incuxred in conneetion with the
eonstryet'on or reconstruction oF said highway commeneed within
two (2~ p~ rs~roa~ the~ datbe ~ir~t her~ia writt~ea.
9. hdul~(xran ee a any inle a an on e use o sa.id prope y or any part thereof, or fail to use the same for
said purpose £or a con.tinuous 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 have the right, in addition to, but not in qualification of, the rights
hereinabove reserved, to resume exelusive possession of said property or the part thereof the use of which is so c~is-
continued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, in-
cluding the paving, from said property of ~i aiiroad, to restore said property as nea.rly 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, negiec~ or refuse to so remove said highway and restore said property, such removal and
restoration may be performed by Railroad, at the ea~penae of Grantee, which expense Grantee agrees to pay to Railroad
upon demand. .
10. Should ~i.ailroad remove or abandon in place all of its facilities at sa.id locatron and Railroad no longer desires
to retain interest in said property, Grantee shall be required to purchase Railroad's interest in said property a't the
<<` tt~en fair max~ket value,
11: Z'his indenture shxll inure to the benefit of and be binding npon tiie successors and assigns of the paztiea
liereto.
12. It is nnderstood and agreed that Sections 13 to 19, lnclu~i~ve, on the
~#13~f`,u~~;i3 ~,. F~` s°C7"`,~
Inser~ hereto attaclamd are her q ~a e parts of this ~ndenture. ~:~~I V. ~ ~fs•sh.~~
t~pprove as`~o E :s c, , ~
~ ~ arEC~ (~udgeLary Cc I ~~~~~ ~aun ~ C nUr,ae,
~ , ~G~~~.,~~
.. E }~.~s3icor°~ ~p~ ^nc ~ ' . ~ .„.a... _ ~...._-- -
~
' ZN WITNESS WHEREO~', the parties heret~~ resents to be executed in duplicate as of the day
~--
and year first herein written. i_.,:~.,~.:..,~....__~...___.._.~~~~~~~
3Q~HSRN PACYF3C 1`BANSFORTATION OOllP.ANY OOUI~T'Z"'Y OF Bi7 E
~~ ~ ~9 a x~a~ ~ o: .' ~~ Pe v or s
~ c:~ t~~~ ~ €~;.x~ ~ ~ ~ ~~" ~~~ ~h i~
Attest • gy_~ p t,~ `t,
Assistant Secretarq C1~rY~, o r::o~. uperw s~ oas
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RAF - VI - 22116/321-2 - 5/26/70
I N S E R T
~earson Road, Crossiug No. CH-198.Z
Paradise, Californi~
13. Rai~raad sha11 furnish a11 necessary labo~, m~ter~als,
tools and equ~pment to install and shall install two (2~ ~laehing
light grade cxossing signale supple~ented with additional light
units mounted on cantilever arms and augmented by automatic gate
arms, together ~ith aIl ~ece~sary act.uating aBd operatiug circ~lts
aad adequate inetrument ~oueing, hereina~ter collective~y referxed
to as "signals", at said ~~ghqay. Said signals shail b~ located
approxi~etely as indicated ~n red on the attached print. In-
stallation of and all materials fox safd signals shsll be in
aceordance w3th Railroad`s usual standards. Such installation
shaA1 inc~ude removal of exigting crose~mg s~gns.
Grantee agrees to reimburse Ra~lroad for fi~ty percent {50~)
of all cost and expe~se incurred by Railroad in Connection with
t~e furnishing and insta~lation of said stgnals and renoval of
existing crossing signs.
14. Railroad, at i~s expense, will re~ove the exist~~g
grade ~rossing in the track ar$a and prepare its t~ac&s, in~l~d-
i~g neeessary rail change, aad the furnishing and installation ~f
soXid timber planking aLong the rails of the tracks through the
exiating portion of the crossing area.
Aai~raad, at the expense of Grantee, shall instali ~imber
planl~ing along the rail~ of the tracks ia the widened portian~
of the ~rossing area. Grantee agrees to reimb~rse Rai~road far
all cost and expense incurred by Rallroad in connection there~ith.
15. Railroad, at Grautee's expense, shall r~locate its
derail~ fill and plug its exiating eighteea inch (18") diametex
pipe cu~vert and install an eighteen inch (18") dtameter eulvert
im locat~on indicated ia red on attached priat. Grantee agrees
~o reimburse Railroad fur all cost and expense incuxxed by Rail~
~oad in connectioa therewith.
1S. Rai2road ~hall aub~it to Grantee a bi21 ~or sixtp per-
cent (60~,?.of Gx~ntiee's share of t6e eetimated co~t to Railroad
in performing work ~or a~~ch Gr~n~ee is obligated to reimburse
Rai3road ~ereunder upo~ ca~pletion of snch work, ~hich bill
Grentee agrees to prompt~y pay. Should the actual cost prove
upon completion of audit to be more or less than such estimated
cast, the d3ffereuce sh~ll be pxomptly paid bq Grantee or refunded
by Railroad, as the case may be. The eetimated cost to Railroad
in performiag work hereunder.is Nineteen Thousand Five Hundred
~~ghty-~ive Doil~rs {$Y9,5$5).
17. After installation of s~id signals has been completed,
Railroad shail mainta~n same so iong as they remai^ in place.
The-cost of maintaining sa~d signals shall b~ borne and paid for
by the garties hereto in accordanc~ with Sectioas 1202.2 and
1~31..1 of the California Publ~c Utilities Cod~. The grecise
manaer and method oP determiniag applica~le charges, manner and
method p~ payment and other procedures nnder said sectioas shali
be governed ~y any appllcable deci~ions of the California Pub1~c
~t~lities Co~mission.
Page 1 of Insert
RAF._ VI - 22326/321-2 - 5/~6/70
I N S E R T
(continued)
18. Th~ work to be per~ormed by 8a~].road hereuazder shs11 be
co~menced as soon as labor aud materials are available, following
ex~cution af this indettture, and sha~l be co~pleted wi~hin one
(1) year thereaftex.
19. Gxantee does not as~ume aay liability far in~ury or
da~age ta any person or property incident to or tha~ may arise
duri~g and in conse~uence of the conetruction, maintenance and
operation of the signals referred ~o here3n. ~
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Page 2 nf Insert
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RAF - VI - 22i16/321-2 - ~/26/70
EX,HA B I T "Af1
Fearson Road
Crossing ldo. CH-198.1
All that certain real property situate in the County oP Butte,
5tate aP Cali~ornia; descr3bes~ as Polloas:
~eing a por~inn of 8ection 22, T22N, R3E, ~DB&~4 ~nd
being moxe pax~t~cular3,y described as follows:
A stx~ip of land 80 feet wi.c3~ ~.q~.ng 40 feet on exch
side of the foZlowiag described centerline:
Beginaing at th~ point of intersectiou a~ t~e
center line of Pearsoa Rosd (SO f~et wide) with the
northwet~terly property line of $outhern Pacific Trans-
part.ation Compaay, said point being N 24° 08' 55" Ts,
. 40 ~eet ~rom the northvresterly coraer of Lot 12 as
shovrn on that certain map entitled '~iiaodside Subd3.-
vi~ion" whi.ch map Was filed for record on .Iuly 13, 1942
~n Hook 14, of llaps at page 25, Sutte County Offtcial
Recoxde, and being N 65° 51' ~5" R~ from the center line
of 3outhexn Pacific Transportation Conpany`g main
tracl~, at ar n~es-r Engineer's Station 208+~50; tbence
- S 65° 51' 05" $, along the prolongation o~ the center
3~ine of Pearson Road, 137.58 feet; thence southeseterZy
along the arc of a tat~gent 500.Oa foot radius curve,
concave to the north through a central angle of 12° 59• 40"
~ar 1l3.40 feet to the sout~easterly praperty line of
Soutbern Pacifie 'Pranaportataton Company.
The side lines of the aiaove described 80 foot wide
• • etrip of land terminAte in said northwesberlq and south-
easterly lines o~ &~aid Co~panp's groperty.
Containing en area of 0.46 aere, mbre or less.
The above deacribed resl property is ahown on the print of
xailroad's 3acramento Div~.sion Drawiag 0-2378, revised Apxil 3,
I970, attached and ~ade a part hereof.
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