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Home My WebLink About75-164~sozuirzorr rro. 75-Ibq, 1 2 3 4 S 8 7 8 9 10 11 12 13 14 15 18 '' 17 II I 18 19 20 2I 22 23 24 23 28 RESOZU'.CION AUTHORIZ~NG APPROVA~ A]AD EXECUTION OF HIGH~NAY EA5EMIIVT ACROSS SOUTI~RN PAC~FIC 1~IGT-T1' OF FlAY AT MZLEZ'OST CA143.42-X-N BE IT RESOLVED that the Board of Supervisors of the Coun.ty o~ Bu~Ete here by approves the attached above-ti~led agraement between the County of Butte and Southern Pacifie Transportation Company and hereby au~horizes the Chairman. o~ this Board to exeeute same on behalf of the County o~,Butte. FASSED ADTD ADOPTED by the Butte County Board of Supervisors this __~8th__; day of ~fovemher ,~9 75 , by the following vote: AYES: Supervisors Cameron, Madigan, McKillop and Chairman l.add NOES: None ~S~' ~(7.~C Supervisor Richter NOT VOTING: • None JAMES 1~. 7~AbD, Chairman o~ .the Board of Supervisors .ATTEST: CI,ARK A. NEI,SON~ County C~erk and ex!-0f~icio Clerk of the Board By: ~~ ~ ~ 7s -~~;`/ APPNOYED AS TO FORM BV.GENERAL COUNSEL ~~e ~j~~~ ~~1 wO•,~ey~p~w{ MARCH 15,- 1973 . i7G7 ~< <~ ~'~ STREET OR HIGHWAY EASEMENT C.SJ362 iu'~t~ 7!i[1i~11~~XP, made this day of , 19 , bY and UeY~~~een . ~~i PBCZFIC T~iA,N~t~k~7~AT1UN ~O~PANX, a ~elavra~e COY'p4rAtioil~ herein ealled "Railroad", and COd7N'~'i' C~J~ SV~~, a poli~tica~ sezisdivs.s~.an o~ ~Ta~ State o~ Cal~:~ar~i~., a~d~ess: ~ herein called "Grantee' ; ~~titk'~l~P~: ~ 1. That RaiIroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or: hightvay. hereina€ter termed "high~vay", upon and across the real property described on the attached Exhibit "A". 2. The xights herein granted are expressly limitet~ vertically and shall not extend beyond a plane paralfel ~vitli and twenty (20) feet above the roadway surface of the highway as originally constivcted, except that 7ighting fixtures and simi- laz• highway appurLenances may extend above said plane, provided that any such facitities wil] be removed or rearranged within thirty (30) days after notifieation from Railroad that such facilities interfere ~cith Railroad's intended use of the space aUove said p3ane. 3. This grant is subject and subordinate to the pe•ior right of Railroad, its suecessors and assigns, f.o use atl the ps•o- perty describe~ in the performance of its duq• as a common carrier, and ~here is resen~ed un1.o Railroad, i~s successo~s and assigns, the right to construct, reconstrucC, maintain, use and'remoce existing and future transportation. communication, ~w~ver and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities are removed from said property, RaiEroad shall not be obiigated to make any change in the grade of said• highu•ay, nor shafl sc~ch removal affect ttailroad'S title to the und2rlying p~•opertY. This grant is subject to all licenses, leases, easemenYs, restrictions, conditions, covenants, encumbrances. ]iens 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 righEs herein granted shall lapse and become void if the construction or reconstruction of said highway is not commenced within two (2),years £rom the date first herein written. 5. This grant shall not be consCrued as conveying or otherwise vesting in Grantee the right to install or to authorize the installation of any ditclaes, pipes, drains, se~ve~~ or underge•ound structures, or the facilities. of any telegraph, telephone or electric pawer lines in, upon, over, under, across or along said property, escept as necessaxy For maintenance of said highway. 6. ~rantee shall obtain any necessaty governmental authority to construct, reconstruct, maintain.and use safd highway. Any contractor pe~fotming w•ork on the property herein described shall execute kZailroad's standard form of contractor's agreement prior to Commencing any work on Railroad's premises. 7. Except as herein othenvise provided, Grantee shall bear the entire expense of constructing, reconstructing and main- taining said highc~~ay. The crossing of said highway over any tracks o£ Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruetion of said highway has been completed, Railroad shalI maintaan the surface of that portion of said high~vay bet~veen lines two (2) feet outside the rails of each track loca.ted thereon. Should Rai]road abandon traeks leading to said highwaq, Railroad may abar.don its rails, ties and appua•te- nant materials and leave same in place. Tn such event, Railroad shali not be ]iable for maintenance of the portion of said high~vay specified above. 8. A,5 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 pait of the expense ineurred in eonnection with the construction or reconstruetion of said highway commenced within iwo (2) years from the date first herein ~vcttten. 9. Shouid Grantee at any time abandon the use of said property or any part thereolF, or fa41 to use the same for said putpose for a continuous period o£ one (1) year, the rights granted shalt 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 qualification o£ the rights hereinabove re- served, to resume exclusive possession of 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 high~vay, including the paving, from said property of Rzilroad, to x•estore said property as nearty as practicable to the same state and condition in whieh it eacisted prior to eonstruction of said highway, and to bear the expense thereof. Shoufd Grantee in such event fail, neglect or refuse to so remove said high«=ay and restore said property, such removal and restoration may be performed by Railroad at the eacpense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10_ This indentare shaH 9nure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS VVHEREOF, the parties hereto ha~e caused these presents to be executed in duplicate as of the day and yeae first herein written. - 5~3II~i PACY~'~C TPAI~"SpQIi7~"A'~I01~ t~MF~ ~ ~-- -- - - - (~.~ze} Attest: s~s an ec~e a,~`y Cp Uk' BUTTIS ~ ~; ~,,;~ ~ ~3y r~; Ch ~maxs, Bvax o up visors ~~, $Y ear ~ ar o ugervasors '~ ~ -- ----- --,-- . - . -~..- _-...._.._._,~.~. „_ _ A strip of land 60 fEet wide s~.tuate, lying and . '• ~ being 3n. the I~orthwest quarter oT Ssction 5, Township 7.8 North,.~~ Range 4 East, Nl,D.M., County o~.Bu~~e, State of Ca~.ifornia, ly~-xxg equa~.ly 30 ~eet on each sa.de o~ the fo7.lo~rring d.escri~ed ~en-~er ~.ine: . Beginning at a po~nt in ~he westerly 1..ine of "land ' ~ , (100•feet wide) o~ the Southexn Pacific Transpor~ation Company,' . ~ ~ tha-~ a.s distant South 76~ 26~ 30" West 50 feet, measured at . right ang~es, from the original ].ocated center line of said Gompany~s , main `track (B3.ruiey Junc~ion to Oraville) at h~igineer Sta-Eion 1132+ ~' 40; thence North 76~ 26~ 30n East 100.00 ~eet ~o a ~ . point in the eas-Eerly line of land o~ sa3d Campany. ~ ;~~ ! i~ ' ~ The s,ide lines o~ ti~.e above desc: ibed 60 fcot w~.de . strip -~erminate a.n said. westerzy and easterl.y ~.ines of . said Company~s land. .... ~ ~F~ . ~ ' ;~: Said strig of lanc~ conta~.x~s an area .of 0..138 of ar3, • ~~ I:. . __ ,; acr~, more or Iess. ~ . - , ~ . ~ . , .. ~ ' ~ 's.' ~A: _ ~ . • , . . ~ . . . , _ .•;,i ~ ~ ~ ..} i . . . . - ' . ~ . ~'~~ . . , ' . ~- . ~~ ' . . - , . ~ ~;~.. . I'' • ~' ~: C~aoo~~ ~ . ~-'' ". '- ~ ~i.._., ~ . ..f) 4 ..~r;a.. ~ F.-~ .y .. s r 3. ~, -. 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