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HomeMy WebLinkAbout71-005, ,..~~, ~~ ~ RESOLUTION N0, 71-5 ~ R~SOLUTION AUTAORIZING AGREII~~.3VT COUNTY OF BUx~E AND SOUTHERN YACIFTC TRANSP012TATi0N COMPANY RE DURI-IAM HIGIiWAY CROSSTNG NO_ C-178.2~ -URI~AM 1 2 B~ IT RESOLVED by the Board of Supervisors of the County of Butte, State 3 of Cali~oxnia, as fallows: /~ J., That said Board herebq approves that certain indenture zn.ade the 5 12~hday of JanL1r'~~'y , 1971, by and between SOUTHERN PACIRIC TRANS= 6 POR~ATZON COMPANY and COUNTY OF BtITTE. r~ 2. The Chairman af Chis Board is hereby authorized to execute, on 8 behalf of the CounCy of Butte, said iadenture, and his sa.gnature attested to 9 by the Clerk of this Board, and acknowiedged. ZD 3. ThaC a certified copy of this ResoluCion be attached by the Clerk 11 of said Board to said indenture and the required copies thereof. 12 PASSED AND ADOpTED by the Board of Superva.sors of the County of Butte, 13 S~.a~e of Ca7.ifornia, this 12thday of c7 3 , 1971, by the follow- ~4 ing votea 15 16 Ay~S~ Supervisors Gi.lman ,Madigan, Maxon, McKillop, and Chairman Reynolds 17 NoES: I~one 18 ABSENT: NOTI~ ~s ~ c~_ ~ ~ ~ -~=~~~ ~ ~ ~ ,~ ,~~ 20 Chair,fnan, Baard of'" upervisors . C~n~y of Butte 21 ATTESTo Clark A. Nelson~ Gounty Clerk 22 and ex-o~~ica.o Clerk of the Board o£ Supervisors 23 24 ~'4 C7.er or Deputy 2B 26 . 27 28 29 30 31 32 . __ _ _ _ . _ _ _ __ , _ _ ' ... . _ ~~ I ~~ . 1 ~ z-tyH{,~ a~ i_ . ~APAROV6D AB TO Ri)RM EY OCNtRAL COUNQ~1:;' - C.i.T802 wuauar ie, ~oen ~~ ~ yj ~ 32207/322 - 4/21/70 STREET OEt HI6HWAY EASEMENT ~~~'~ ~k~~n~1~P, made thie 12th day of January , 19 71 , by and between SOiTT~F PACIFIC T6AWSPORTATION ODYPANY, a cdrporatio~ o! the State ofi DelaRare, herein calIed "Railmad," and QO[TIiTY OF Bi)'!'T~ ~ s political stibdivtei.on of tho 3tate o! California, herein called "Grantee"; ~~i1t~~~Y211t: 1. That Railroad hereby granta to Grantee the right to construct, reconstruct, maintain and use a street or highwa,y, hereinafter terimed "highway," upon and acroas the real property described on the attached ~xhibit "A." 2. The rights herein granted are expressly limited verticaIIy and ehall not extend beyond a plane parallei with and twenty (20) feet above tE~e roadway surface of zhe highway as originally constructed, except that lighting fixtures and similar highway agpurtenances may extend above said plane, provided that any such faciiities will be removed or rear- ranged within thirty (30) days after notification from Railroad ~hat suci~ facilities interfere with Railroad's intended ase of the space above said plane. , 3. This grant 9s.subject and subordinate to the prior right of Railroac3 to use all the property described in the performance of ita duty as a common carrier, and there is reserved unto Railroad the rzght to construct, reconstruct, maintain, use and remove existing and future, railroad, transportation, communication and pipeline facilities and ap- purtenances in, upon, over, under, across or along said property. Tn event tracks are removed frorn said property, Rail- road shall not be obligaterl to make any change in the grade of said highway. This grant is subject to all licensea, leases, easements, restrictions, conditions, covenants, encumbrances, liens and ciaims of title wktich may affect said property, and the word "grant" shall not be construQd as a covenant against the existence thereof. 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not commenced withini • tno (2) pears fs'wt the dat~ fi~t~~ ~an~ s~II~b~~'e'construed as conveying or otherwise vesting in Grantee the right to install or to au- thorize the installation o£ any ditches, pipes, drains, sewer or underground structt~res, or the facilities of any teie- graph, telephone or electric power lines in, upon, over, under, across or along said pro~~erty, except as necessary for maintenance of said highway. 6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway. Any contractor perforxning work_on the property herein described shall execute Railroad's standard form of contractor's agreement priar to commencing any work on Raiiroad's prenrzzses. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and maintaining said highway. The croesing of said highway over any tracks of Railroad shali be cnnstructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed, Railroad shail maintain the surface of that portion of said highway between lines two (2} feet outside the rails of each track located thereon. Should Railroad abandon traeks leading to said highway, Rail- road may abandon its rails, ties and appurtenant materials and leave the same in place. In such event, Railroad shall not be lia.bFe for maintenance o£ the portion of said highway specified above. 8. As part consideration herefor, Grantee agrees to pay Railroad an amount equal to all assessments levied by any lawful body against the property of Railroad to defray any part of the expense incurred in connection with the construc on or reconstruction oE said highway commenced within ~ two `~ y~p~e rp~ tb dete firBt her ia written. 9. ~holald C7ran~ee at any ~ime abandon the use o~said proper~y 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 ~t.ailroad shall at once I~.ave the right, in addition to, but not in quaiificat9on of, the rights hereinabove reserved, to resume exctusive possession of said property or the part thereof the use of ~vhich is so dis- contznued or abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove 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 ~ear the expense thereof. Should Grantee in such event faiI, 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, whnch expense Grantee agrees to pay to Railroad upon deznand. J.O. 5hould Railroad remove or abandqn in place alI of its facilities at said location and I:tailroad no longer desires to retain interest in said properEy, Grantee shall be required to purchase Railroad'a interest in said property at the then fair market value. ~ 11. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It i~ unde~stood aad s~reed that 8ections 13 to 18, inclustve, on the Insert hereto a~tached are her~by m~de parts o! this indenture. iN WI7.'NESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and yeax first herein written. spUT~i pACIFIC T~tAIi3POBTdTION COIQ~AbtY By Title Atteet:' asistant Secretary ODUNiTY OF BUTT~ gy ~ C~~.; .a Che~ma~g~€t~~oa; ~ ~ Snper~i~ors • `~-_iC~~: C'.^.•;!fV'4 i" ~;LE:f2K $y ~'`_-~'J.~~7.. !~ ~-t'~/~ ~ e7~ ,°° o~r-' _.o ... ugerv sors €~ RAF°, VI-22207/322 - la/2/7o I N S E R T Durham = ~roville Eiigt-way Crossing No. C-178.2 Durham, California 13. Railroad shall furnish a11 necessary labox, materials, tools and equipment to install and sha11. install two (2} ~J.ask~i.ng light grade crossing signals equipped with automata.c gate arms, together with necessary actuat3ng and operating~ cireuats and adequate instrument housiag, hereinafter collecti.vely referred to as "signals", at said highway. Said signa3.s shall be located approximately as indicated on the attached pr~.nt. Instaliation of and a11 materials for said signals shali be in accordance with Railroad's usual standards. Such installation shall inc~ude reino~al of existing signal protection. 14. Grantee a~rees to reimburse Railroad for fifty percent (54`yo) of a~l cost and expense incurred by Raiiroad in conneetion with the furnishing and installation of said signals including removal of existing signal protection. (~sti.mated cost to Railroad in performing such work is $23,~90.) 15. EtaiTroad, at its expense, shall install timber planki.ng along the rails of the tracks in the existing portion bf the crossing area. 16. Railroad sha1J. submit to Grantee a bill for sixty percent (60`~) o~ Grantee's share of the estimated cost to Ra.ilroad in performing work for which Grantee is obligated to reimburse Rail- road hereunder upon completion of said work, which bill Grantee agrees to promptly pay. Should ~he actual cost prove upon completion of audit to be more or less than such estimated cost, ~he difference shall be promp~ly paid by Gxantee or refunded by RaiJ.road, as the case may be. 17. After iastallation of said si.gnals has been completed, Railrosd shall maintain same so Iong as they remain in place. Tk~e cost of maintaining said signals shall be borne and paid for by~the parties hereto in accordance with Sections 1202.2 and 1231.1 o~ the Cal3fornia Public iTtili~ies Code. The precise manner and method of determining appl.icable charges, manner and method o~ payment and other procedures under said sectioas sha7.~. be governed by any applicable deca.sions of the Ca~.ifornia Public Uta.lities Commission. 18. Grantee does not assume any liability for injury or damage to any Person or property incid~nt to or that may arise during and in conseqaenCe of the construction, maintenance and operation of ~he signals referred to herein. 19. The work to be performed by Raiiroad hereunder shall be commenced as soon as labor and materia~.s are available, fol-- ~owing execution af this instrumen~, and shall be completed within one (1} year therea~ter. _ Page l.of Insert RAF -'VI - 2220?/322 - 4/21/?0 ' EXFiIB IT "~9." Durham w provillo ~Iighway Cxass~.ng Nn. C~-178.2 . Durham, California A strip of l~nd 60000 ~eet wide situate, lying and being in Sect~on 30, Township 2J. North, Range 2 Eas~, P3ount Diahlo Base and ~ieridian, in an unincorporated area of the Caun~y o~ BuGtey State of Cali~ornia, lying equally 30.00 feet on each ai.de of the fo2lawing described center linee Beginning at a po3.nt in the westerly line of laad (200 feet wide) of Southern Pacific Co~npany, that is d~stant 104,00 feet SYesterly, Measured at ri~~ht angZes, from tk~e original located center line of sa~d eompany°s main track (Rosevi.lle to DunSmuir) at Fsn~ineer's Station 1967+71.92 (for the purpose of this description the be.aring along said center line of track bears North 16° 05' West); thence North 85° 44' ~sas~ crossi.ng said center line at E~gineer's Stat~.on 19E7+51, a distan¢e of 204.33 feet to a point in the easterly line o~ iand of said Company. The aide lines o~ the above 60 ~Yoot ~vi.de strip of land terminate in said ~esterly aad easterlp lines of laad o~ satd company. Sai.d strip of land contains an area of 0.281 of an acz~e, w,oxe or less. 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