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Home My WebLink About74-024, ; '; ~ ___. __ _ _ : _ ___ ._ __ G~/~ = _ ~,;~ ~ 1 2: 3 4 5' 6 7 8. 9 10 11 i2 13 14 15 16 17 Z8 19 20 2T 22 z3 2~4 2S 26 27 28 '23 30 31 32 RESOLUTZON N0: 74-~~ . RESOZUTIOAT AUTEiORIZING AGItEEtiEi3T BETWEEi3 COUNTY OF BiFTTE AND SOUTHERN PAC7~'IC COMPANY RE BELL ROAD CROSSING C-189.0, NORD BE IT RESOLVED by the Board of Supervisors of tYxe County o€ Butke, 3tate of California, as ~ollows: 1. Tha~ said Board hereby approves that certain indenture made the 19th day of Februarv ~, 1974, by and between 30UTHERN PACIFIC CONfPAI35 and COUI3TY OF BUTTE, covering the inseallation of automatic signal proCecta.on ' at Southex'n Pacific Crossing G189.0. 2. Tfie Chairman of this Board is hereby authorized to execute, on behalf of the County of Butte, said indenture, and his si.gnature attested to by the Clerk of this Board, and aclrnowledged. 3. That a certified copy of this Reso7.uti.on be attached by the Clerk of said Board to said i.ndenture an,d the required copies thereof. PA9SED AND ADOPTED by t~e Boaxd of Supervisors of the County of Butte, State of California, this 19th day of February , 1974, by the following vote: AYES: Supervisors Gameron, Gilman, Ladd, McKillop and Chairman Madigan NOES: None .ABSENT: None z~ox voxzxe: None e haa.zman, Boazd Supervisors County of Butte, State of California ATTEST: C1.ark A. Nelson, County Clerk ~~~ ~ C1erk or Deputy ~. ~ ~ " ~ ~ }'1 ~~ ~ ~ t ~F' d n ~~ ~ ~I;.e ' :. ~~r~r F~r'B''~~°"'"'+ ~ ~,:~~ :- t~~~~~.,f '. ~ ~"~~~~~~w~~:~a'r^~E~~:2 v.~ ¢'"y+.~'~aisti~~~~,s,~.e fri?-lFir~, ~ - f ~_. pPPROVEO AS TO FORM 9V C:ENERAL COUNSEL htARCH Z5, 1973 C.S.7362 STREET Oi2 HIS~HWA-l~ EASENiEP+1T Mile Post C-189.0--X--C ~~fjJ~ ~~.Q~#~~~ made Ehis day of 19 , by and bettiveen SOU~HERN PACIFI~ TRANSPORTATION C4MPANY, a corpora~ion of the 5tate o~ Dela- ware, - - - - - - ~ ~ ' - '- " " " - "' ' ' herein calted "Railroad", and COUNTY OF BUTTE, a political subdzvision af the Sta~e o~ Calzforn~.a, address Seven^County Center`Drive, Oroville, California^95965, - _ _ _ _ _ _ _ ~ Y _ _ _ ~ .. - - - , - - • - ,~ ^ - .. - - - - - - - --( _-----herein called "Grantee"-; n A ~ . . . - ' . ~i~.l~Jl V~le:~ ~ . ' ,. .. . ~ ~ ' . . . . . . .. ~ _ . . , ... 0 ~, i). ~ ~% ~ `~~J~ . . . . .. _ .. . . . . . -~ • i 5 ~ . . . - . Gj ~~ttt~~~~~ ~ ,. ... . ... . . . ~ ~ . , , : '?v ._ __ ~. . 1. 'i'hat Ra.ilroad ~hereby grants.~to Grantee the right to construct, reconstruct ~~tnainCaiar-and use- a street or ' h~vay, hereinafter termed ,"highway", upon and across the reai property described on the attached F,~dvb~t 'A '. "' _ 2. The rights herein ~granted are ~expressly limited vertically and shall not extend beyond a plane paraIlel with and t~venty (20) feet above the roadway surface of the highway as originaliy constructed, except that lighting £ixtures and simi- lar highway appurtenances may extenci above said plane, provided that any such facilities will be removed or cearranged within thirty (30) days -after notification from l~ailroad that such facilities interfere with Railroad's intended use of the space above said plane. `:... : ;~ - = `~~ --~ nd assigns to use al~ the pro- 3. This grant is sub3ect and subord~nate to the prior right,of Railroad its successors a perty descr~bed in the performance of its dutY as a common carrier, and there is reserved unto Railroad, its successois and assigns, the right to.construct, reconstauct, maintain, use and remove e~cisting and future transportation, communication, power and pipeiine facilities in, npon, over, under, across or along said property. Tn the event Railroad trackage facilities are removed from said propeity, Railroad shall not be obligated to make any change in the grade of said highway, nor shall such removal aFfect Railroad's title to the underlying property. This grant is subject to ali licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, 'and the word."grant" shall not be eonstrued as a covenant agaiost the existence thereof. 4. The rights herein granted shall lapse and become void if the construction or reconstruction of said high~vay is not commenced ~vithin two (2) years from the date first herein ~vritten. 5. This grant sha11 not be construed as conveying or otherwise vesting in Grantee the right to install oi' to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facileties of any telegraph, telephone or electric power lines in, upon, over, uncler, across or aiong said property, except as neeessary for maintenance of said highway. S. Grantee shali obtain any necessary governmental authority to construct, reconstruct, mainta~n and use said highway. Any contractor performing work on the propertY herein described shall execute itailroad's standard form of contractor's agreement prior to commencing any work on Raiiroad's premises. 7. ~xcept as herein otherwise provided, Grantee shall bear the entire eacpense of constructing, reconstz'ucting and main- taining said highway. The crossing of said highway over any tracks of Railroad shall be constructed and maintainad at the grade of said tracks now or hereafter eac3sting. After the construction or reconstruction of said high~vay has been completed, Railroad shall maintain the surface of that portion of said highway between lines Ewo (2) feet outside the rails of each track located thereon. Shouid Railroad abandon tracks leading to said highway, Railroad may abandon its raiis, ties and appurte- , nant materials and isave same in place. In such event, Railroad shali not be Iiable for maintenance of the portion of said highway speeified above. 8. As part consider~tion herefor, Grantee agrees to pay~Railroad an amount equal to aIl assessments levied by any lawful body against the property of Railroad to defray any part of the expense inet~rred in connection with the construction or reconstruction of said highway commenced ~vithin two (2) years from tha date first herein written. 9. Should Grantee at any time abandon the use o£ said property or any part thereof, or £ail to use the same For saic} puipose for a continuous periai of one (1) year, the rights granted shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to but not in quaiification of tt~e rights hereinabove re- sereed, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or aUandoned. lipon termination of the rights hareby granted, Grantee agrees to remove said high~vay, including the paving, from said propei~ty of Railroad, to restore saici propei-ty as nearly as practicable to the same state and condition in ~vhich it existed prior to construction of said highway, and to bear the expense thereof. Should Gra.ntee in such event fail, neglect or re£use to so remove sair3 highway and restore said property, such removal and restora,tion may be performed by Railroad at the expense of Grantee, which exgense Grantee agrees to pay to Railroad upon demand. 10. This indentui•e shall inure to the benefit of and he binding upon the successors and assigns of the parties hereto. 11. Secti.ons 12 to Z7, inclv.sive, on tl~e Insex~ k~ereto attached are hereby made parts of ~his zndenture. I1V WITNESS ~VHEREOF, the parties hereto have caused these presents to be executed in c3uplicate as of the day and year first herein written. SOUTHF~~.~ PACIFIC TRANSPORTATION COMPANY COUN'~`Y 0, ~IITTE $ gy " •~•r !/~Lct~~1: ~i ~ Y '~'it e J ai.rinan~ Bo o- Supervisors Attest:~ -~r'~i?G'~c~ AS TC FC~;. ~~~ ~ ~"°~ ~ Assistant S~CZ'2~a~y Bu~te Coun~y Counsel~er , Boar o Supex'v~sors,; rlDaniel Y. ~Gr4~t~~4