The URL can be used to link to this page

Home My WebLink About74-022. ,. ~/,~ RESO~UTION N0. 74-22 ~ , .,- RESOLUTION AUTHORIZING AGREE~TIENT BETWEEN COUN~Y OF f{II'LTE AND SOUTHERN PACIFIC COMPANY RE ' M€TIR AVENUE CROSSiNG C-187.8, NW CHIGO 1 2 BE IT RESOLVEII by the Board of Supervisors of the County o€ Butte, 3 State of California, as follows: 4 1. Tlaat said Board hereby approves that certain indentuxe made the 5 19th day of February , 1974, by and between SOiTTIFEIZN ~ACIFIC s COMPANY and COUNTY OF BUTTE, covering the znstallati.on o£ automatic signal ,r protection at Southern Paci~i.c Cross3.n.g C-187.8. $ 2. The Chairman of this Board is hereby authorized to execute, on 9 behalf o£ the County of Butte, said indenture, aad his signature attested to ~~ by the Clerk of this Board, aa.d acknowledged. I1 3. That a certa.fied copy of this Resolution be attached by the Clerk 12 of said Boardto said indenture and the required copies thereof. I~ PASSED Lai~TD ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 19th day of February , 1974, by the 14 - ~~ folLowing vote: 16 ~YES: Supervisors Cameron, Gilman, Ladd, McKillop and Chairman Nladigan ~~ NOES: None 18 ASSENT: None lg NOT VOTING: None 2a ~ ~ 21 Chairman, Board o Supervisors County of Sutte, tate of Califoraia 22 ATTEST: Clark A. Nelson, County Clerk 24 ~~~ ~.(~i~ Clezk oz Aeputy 2S 26 27 28 29 30 31 32 ~ 7~ ~K~ APPROVED AS TO FORM BY GENERAL COUNSEL ' C.5.7362 ~ MARCFE 15, 1973 - ~ ~ STIaEIEY OFt MIGa-~9d~/AY EA51EPv1ENT - Mile Fost C-187.8-N ~5~~~ ~~~~~~.~, made this day of 19 , by and between SOUTHERN PACI~'IC TRANSPORTA'FION CONlPANY, a corgoraCion of tl-i.e State af Delaware~ herein called "Railroad71, and COUI~TY ~F BUTTE, a political sub~ivision of the State of California, address: Seven County Center Drive, Oroville~ California 95965, - ~ - - - -- - -- - - ~ ..y_~~~~r..w~~~W_W_r~~~~~~..~_M,~_~_~..~,~,~...~~~,~~. ~ . ~~_~here4n.calied Gi•antee~- - 1~. _ ~ -,... ~._,_~_ , _.: . . . .- ~ J ~~~#tP~~'i~.'~:... . .. .:. .. . ~ ~r _ ~_~Q .a _ . _ . i r,.. . . .. l~7~r'~~`~'r` 1. That Railroad hereby grants to Grantee the right to construct, x•econstruct maintain and use a street highway, hereinafter termed "highway", upon and across the real property described on the attached Fathibit '`A". ~~ 2. The rights hereirr granted are expressly limited vertieal]y and shall not extend beyond a plane parallel ~vith and twenty (20) feet above the roadway surEace of the highway as originally construeteci, except that lighting fixtures and simi- lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged within thfrty (30) days; after noti£ieation from Railroad that such facilities interfere ~vith Railroad's intended use of the sPaee above said Alane.__. , .- . . .. . .. . . , . ,, . _ . , 3. This grant is subject and subordinate'to the prior right of. Railroad, its successors and assigns, to use all the pro- perty described in the performanee of its duty as a common carrier, 'ahd there is. reserved unEo Railroad, its successors and assigns, the right to construct, reconstruct, maintain, use and remove existing and fut~re transportation, communication, power and pipeiine facilities in, upon, _ over, under, across or along- said property. In the event Railroad trackage facilities are removed from said;property,:Railroad shall not be obligated to make any change.in the grade o£ said-highway, nor shatl such removal affect.~taiiroad's title to the underlying property. -. - .-- - - • _ _ _ _. , ~. This grant is subject to all iicenses, leases, easements, restrictions, conditions, covenants, eneumbrances, ]iens and claims of title which may affect said property, and the word "grant" shall not be constxued as a covenant against the existence thereof. ~ . 4. The rights herein granted shall lapse and become void if the construcEion or reconstruction of said high~vay is not commenced within two (2) years from the date first herein written. 5. This grant shall not be construed as eonveying or otherwise vesting in Grantee the right to install or to authorize the installation of any ditches, pipes, drains, sewer or underground sLruetures, or the £acilittes of any telegraph, telephone or electric power lines in, upon, over, under, across ar along said property, except as necessary for maintenance of said highway. fi. Grantee shall obtain any necessary governmental authority to consEruct, reconstruct, maintain and use said highway. Any contractor performing work on the property herein deseribed shall execute Railroad's sEandard form of contraetor's agreement prior to commencing any work on Railroad's premises. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and mlin- taining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or herea£ter existing. After the construction or reconsirsvction of said highway has been completed, Railroad shall maintain the surfaee o£ that portion of said highway between 3ines two (2) feet outside the rails of each track lceated thereon_ Should Railroad abandon tracks leading to said highway, Aailroad may abandon its rails, ties and appurte- nanE materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said highway specified above. 8. As part consideration hereFor, Grantee agrees to pay~Railroad an amount equal to all assessments fevied by any law.ful body against the property of iZailroad to defray any part of the expense incurred in connection with the construction . - or reconstruction of said highway commenced within two (2) years from the date first herein written. - 9. Should Grantee at any time abandon the use of said property or any pai~t thereof, or fail to use the sarne 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 shatl at once have the right, in addition to but not in qualification of the rights heceinabove re- served, to resume ex~lusive possession of said property or the part thereof the use of which is so discontinued or abandoned. C7pon termination of the righEs hereby granted, Grantee agrees to remove said high~vay, incluc~ing the paving, from said property of Railroad, to restore said property as nearly as praCticable to Che same state and condition in ~vhich it exisEed prior to construction of said highway, and to bear the expense thereo£. Should Gxantee in such event fail, negleet or t•efuse to so remove said highway and restore said property, such t•etreoval and z•estoration may be performeci by Railro2d at the expense of Grantee, which expense Grantee agrees to pay to Railraad upon demand. 10. This indentare shatE inure to the benefit of and be binding upon the successon-s and assigns of the pai•ties hereCo. 3.1. Sections 12 to 7.7~ inclusive, on the Tnsert hereto attached are hereby made parts of this indenture. IN WITNESS WHEREOF, the parties hereto have caused these presents to be esecuted in duplicate as of the day anci yrear ficst herein written. SOt7THERN PACIFIC '~RANSPORTATION COMPANY COUNTY OF I~TTE BY By r`,t / ~C.L~'C.if::rQ.eC.t, / Tit e ~ airman, Boar Supervisors ,4??i?~ir~~ :i5 T -~n~ Attese• ,~ t,...,9 . ;~ o~~q c::~~+~ C~Vy ssis~ara.t ecretary ~ " er , oar o upervisorJ Danial V. R~ecE;,iccz . ,. - ~ ~y ~ V~' %~/ _ ~ ~. .. . . _ -