The URL can be used to link to this page

Home My WebLink About74-023~ __ .... -_ - - ..... _ - _ __ _ ._... ~~ a~. RESOI~UTION N0, 74 ' ~ RESOLUTION AUTHORIZING AGR,£'EMENT BE~WEEN COUNTY OF BUTTE AND SOU~i~l2N PACIFIC COMPANY RE MERID7AN ROAD G].ZOSSING C-188_8 NORD 1 2 BE IT RESOLVED by the Board of Supervisors of tihe CounCy of BuCte, 3 State of Ca7.i.toxnia, as €ollows: ~ 4 1. That said Board hereby approves Chati certain indenture made the ~ 19th day of February , 1974, by and bet,aeen SOUTHERN 1'AC7~'IC 6 COMPANY and COi]I~TY OF BUTTE, covering rhe instal7.aCion of automatic signai 7 protection aC Southern Pacific Crossing C-188.8. $ 2. Th.e Chairman of this Board is hereby authorized to execute, on g behalf of the County of Butte, said indenture, and his signature attested to ~,p by the Clerk of this Board, and aclmowledged. l~, 3. TYcat a certified copy of this Resolution be attached by the Clerk 12 0~ said Board to said inflenture and the required copies Chereo~. 13 1'A53~D AND ADOPTED bq the Board of Supervisors of ~he Coun~y of Bu~Ce, ~,~ State of California, thfs 19~h day of E`ebruary , 197~, by the ~,5 following vote: 16 AYES: Supervisors Cameron, Gilman, Ladd, McKi.7.l.op and Cl~airman Madigan 17 NOES: None ~$ ABS~NT: None ~J NOT VOTING: i3one f l / 20 '~l Chairman, Soard Supervisors 21 County of Butte, tate of California 22 ATTEST: Clark A. Nelson, County C7.erk 23 ~~![ ~t . ~ 2¢ Clerk or Deputy 23 26 27 28 29 30 31 32 ,s~'~~ ~a.~~_.~r. ~ a~-~ } - .r.;"r'.."x"~ ,Y -1e,-. ~ ~ . ~ - -~ _ _, _, . . r . : ~ ~ . : .. .-. , . _.. , _ . , . • -. -. _ . . APPROVED AS TO FORM BV GENERAL COUNSEL - QSJ362 MARCH 15, 1973 . . ~ ~ . ~. 5TRE~T I~R HIGHVl/6~-Y EASEWIEP~T ~~i? e ~o~~ ~--~°,$. ~2 :~-C ~~~~i ~~Q~~~~~, made this daq of , 19 , by and bet~reen SOUTI-F~sRN P.~.CT.~~'IC '~Ii~N5P4RT ~.TT~O~T C01~~11Y9. a corporat~ o~ c~f ~ne ~~a~e vf D~lat,rare, w ~ ~ ~ ^` ~ - "' "' - - "` " " " "" "' " "' - '" "' "' "~erein called "Railroad", and COTJ~i TY t3~' ~L'~TE, a political subdi+ri.siozg, o~ ~ne Sta.te ~f ~alifornia, address: Seven ~0~.3,.~~tJ ~en~ea I~Yive, ~J~ovi.lle, Ca1.i~arnia ~359~5~, ~ -- -- ~ _ m_ ____..__.»..M~...~.~.~_..,..._.._..--- --- -~ - ., w .. .. .. q. .. .. .» .. .. .~ .. .. .. .. .x .» .. ... .. .. .. ... _ .~. ..F~ ~-herein-called-~'Grantee". _ . . . . %r. _' ._~F ~~ ~.:7 't~f_~: ~ , . .. . - . , . . . - . ~ i.~. _~r . ._._. ~• . .BW' `l4li~.Pi'~~ ,.. . .. - . .. . - .. , . ~ . ~ ~ . .. . - . . - ~. ~- " .. ~ . 1. That Railroad hereby grants to Grantee the right to construct, reconstz~uct, main~~~ e--a~-stceet.o~ay, hereinafter termed "highway", upon and across the real property described on the attached Fxt~ibit "A". - 2. The rights herein granted are eacpressly Iimited vertically and shall not extend beyond a plane parallel with and twen~y (20) feet above the roadway surface of the highway as originally constructed, except that li$hting fixtures and simi- lar highway appurtenances may extend above said plane, provided that any such facilities wili be removed or rearranged withi^ thirty (30) days after notification from Railroad that such facilities interfere ~vith Railroad's intended use of the space above said plane. ~ 3. Tqis gx'ant is subject and subordinate to the prior right of Railroad, its successors and assigns, ta use all the' pro- perty described in the pez-formance of its duty as a common earrier, and there is reserved unto Railroad, its successo-s and assigns, the rzghC to construct, reconstruct, maintain, use and remove existing and future transportation; communication, gower and pipeGne £acilities in, apon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, Raiiroad sha]I not be obligated to make any change in the grade of said highway, nor shall such removal a££ect Railroad's tetle to the underlying property. This grant is sabject to aI] ]icenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may a££ect said property, and the word "grant" shall not be construed as a covenant against the existence thereof. ~ 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said high~vay is not corrimenced within two (2) years from the date £ixst herein written. 5. This grant shall not be consttved as conveying or other~vise vesting in Grantee the right to install or to aathorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power Iines in, upon, over, under, across or along. said property, except as necessary for maintenance of said highway. 6. Grantee shall obtain any neeessary governmental authority to construct, reconstruct, maintain and use said highway. . Any contractor performing work on the property herein described shaA execute Railroad's standard £orm of contrac~or's agreement prior to commencing any work on Railroad's premises. ' 7. Except as herein otherwise provided, Grantee shal] bear the enEire expense oF consttvcting, reconstructing and main- t~~.ining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade o€ said tracks now or hereafter ercisting. After the construction or reconstruetion of said high~vay has been completed, Railroad shall maintain the surface of that portion of said highway between lines tcco (2) feet outside the rails of each track located thereon. Should Railroad abandon tracks leatling to said highway, Railroad may abandon its rails, ties and appurte- - nant materials and leave same in place. In such event, Railroad shail not be 1ia61e for maintenance of the portion of said highway specified above. 8. As part consideraEion herefor, Grantee agrees to pay~Railroad an amount eq~al to all assessments Ievied by any lawful body against the property of Raitroad to defray any part of the expense incurred in connection with the construction or reconstruction o£ said highway commenced within two (2) years from the date £irst herein written. 9. Should 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 Lhe extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to but not in quaiification of the rights hereinabove re- • served, to resume exelusive possession o£ 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 highway, including the paving, from said property of Railroad, to restore said property as near~y as practicabie to the sxme state and coadition in ~vhich it existed prior to constrnction 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 removai and restoration may be performed by 12ailroad at the expense of G~•antee, which expense Urantee agrees to pay to Railroad upon demand. 14. This indenture shall inure to the benefit of and be binding upon the successois and assigns of the paities hereto. 11, Sectians 12 ~o Z7, inclusiv~~, on the Insert h.ere~a attache~l are hereby made parts af ~h~s ~.ndenture. IN WITNESS WH~ftEOF, the parties hereto have caused these prese~ts to be executed in duplicate as of the day and year first herein written. ~ SGTJTH~s.'~d PACIFxC TRt~IS~'Oh'~A~Y41rT COt~Pt~#Y CO[T~ Y~~T~ z py ~y u-~ Tit e nairrnan, ~oa o~ St~.perv:Lsors ~i~~est: APPk~VED AS To~2~,; ~--~i.-~ ~- ~'t-~1 ::3sss.stan~ Secre~3ry B~tte Co~nty Counse~~-~x~s oar o St~pexviso~s , QD~aniel ~V. Blaczs;oc~t V~--~lf ~/ ~ 8y w~ ;. , "~~~~`L~-r/~ a