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Home My WebLink About83-065~- -9 q Resolufion IVo. 83-65 RESOLIJTIOI~T AUTTi01tIZING ACCEPTANCE OF HIGHWAY EAS~NT 'ROM SOtFT1iERL~T PACIF`IC TRANSPORTATION COMPANY lt~ B~NNETT ROAD CROSSING N0. C-Z94.3 BE IT RESOLVED by the Board of Supervisors of the County of Butte, Stata of Ca3.ifornia,'~';as follows: 1. That said Board hereby accepts highway easetnent for Bennett Road from Southern Pacific Transportation Company. 2. The Chair of this Board is hereby authorized to execute, on behalf of the Countq af But~e, said easemen~. 3, That a certified copy of this Resoluti.on be attached bq the Clerk of sa3.d Soard to said easement and the requ£red copies thereof be forwarded to the Southern Pacific Transpo'rtation Company. PASSED AND ABOPTED by the Board of Supervisors of the County of Butte, 5tate of California, this 19th day of Ap1"~1 , 1983, hy the following , ,vote.' ~Y~s: Supervisors Fulton, Moseley, Saraceni, 41heeler and Chair ~olan NOES: None ' ABSENT: None No~ voxzNG: None Ch ir~ ~oard of Supervzsors Cou ty of Butte ATTES'. \~ ~ _._.._~ _ ~_.. ~ r ~us~.sc w~r~, RELMIS: C-194.s-x(N) OR HIGHWAY EASEMENT ~'-~'.°~-~°.- - _---., ~~_~ ! ~,{ /~ tfJ~~t~i ~~~rt~~~~, made this /(J daY of SOi7'I'IiERN PACIFIC TRANSPORTATI01~7 COMPANY, a Delaware corporation, \-//~~~ G ~~,~ ~.~..._ : -. , DEED C.S. 362 AU~IT No. ~2~ao , 19 ~~by and bet~ceen herein called "~tailroad", and subdivision ot the State of:California, addre.= herein called "Geantee"; 1. That Railroad hereby grants Eo Grantee the right Eo construct, reconstruet, maintain and use a street o~• highwa~, hereinafter termed "highway", upon and across the real property described on the attached F~chibit "A". 2. The rights herein granted are expresslY limited vertically and shall not extend beyond a plane paralle] ~rith and twenty (20~ feet above the roadway surface of the high~vay as originally constructed, 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 thirty (30) days after notification from RaiE~•oad that such facilities interfere with Railroad's intended use of the space above said plane. 3. This grant is subject and subordinate Co the pt•iot• ~•ight of Railroad, its successors and assigns, Eo use all the pro- perty described in the performance of its duCy as a common carrier, and there is reseived unto Railroad, its successors and assigns, the right to construct, reconstruct, maintain, use and cemove existing and future transportation, communication, power and pipeline facilities in, upon, ovee, undez~, across ot• a€ong said property. In the event Railroad trackage Facilities are removed firom said groperty, Railroad shall not be obligaEed ta make any change in the grade of said,highway, nor shatl such removat affect Railroad~s title tq the underlying propei~ty. This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens 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. 'Z'he rights herein granted shall lapse and become void if the construction or reconstruction of said high~vay is not commencecE within two (2) years from the date first herein written. 5. This grant shall not be eonstrued as eonveying or otherwise vesting in Grantee the right to install or to at~thoi•ize the installation of any ditches, pipes, drains, sewer or underground st~•uctures, or the facilities of any telegraph, telephone or efeetric powe~• ]ines in, upon, over, Emder, across or along said property, except as necessary for maintenance ot said highway. 6. Grantee sha3] obtain any necessary governmental authority to constivct, reconstruct, maintain and use said high~vay. Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's agceement prior to commeneing any work on Rai-road's premises. 7. Except as herein otherwise provided, Grantee shall bear the entire expense of constivcting, reconstivcting and main- taining said highway. The crossing of said highway over any tracks of Railroad shail be consttvcted and maintained at Che grade of said tracks now or hereafEer existing. After the construction or reconstruction of said highway has Ueen completed, Ra,ilroad shal] maintain the surface of that portion of said highway bet~+~een lines two {2) feet outside the rails of each track iocated thereon. Should Railroad aUandon tracks leading to said highway, Railroad may abandon its rails, ties and appurCe- nant materials and leave same in place. In such event, 12aitroad shall not be ]iable for maintenance of the portion of said. highway sPecified above. 8. As part consideration herefoc, Grantee agrees to pay Railroad an amount equal to all assessments levied by any law£ul body against the property of Ttailroad to defray any part of the expen5e incw•red in connection with the construcCion or reconsti•uctio~ of said highway commenced ~vithin two (2) years from the date first herein written. 9, Should Gt~antee at any time ahandon the use of said property or any part thereof, or fail to use the same £or 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 shall at once have the righL, in addition to but not in qualification oF the rights hereinabove re- served, to resume exclusive possession of said property or the part thereof the use of which is so discontinued oz• abandoned. Upon termination of the rights hereby granted, Grantee agrees to remove said highway, ineludin~ the paving, From said property of Railroad, to restore said property 2s nearly as practicable to the same state and cond'aCion in which it existeu prior to construction of said highway, and to Uear the expense thereof. Should Grantee in such event fail, neglect oe refuse to so remove said highway and restore said property, such removal and restoration may be performed by Railrond at the expense of Grantee, which expense Grantee agrees Y,o pay to Railroad upon demand. 10. This indenture shall inure to the benefit of and Ue binding upon the successors and assigns of the parties hereto. 11. 'I'lze parties intend that the promises and obli~ations of this indenture shall consti ~tute coven~ra.ts running wa.~h the land so as to bind and benefit their respective successors and assigns. TN 4VTTNESS WHEREOF;,:the;'pa~ties hereto have caused these presents to be executed in duplicate as of the day and year fii~st herein written ' ; _ i~ ~ , ~t d ~ r. ~ SOUTHERN PACIF~,C I2~i~7~I~@~TATIOTT COUN~'1' O~' BU'PTE, ~ CONiP~'a.NY.i-~ `~..,~~ _. ,_...., . .,, .. By ~ 'r Bo~of:Su rvisors By ~ C1e~k, Board of Supervisors . . . ~ ' . . ~ - ~ ~ . ~Y . . . _ . i~ - .. . .. , ~. . ., ... . .~ . , ..._ . .. , - ., .. f- -, . . . . ... .., .. . ..~ _ . , . .: , .~. . - „"_ 1~.1.:tS..a ...~ : - . .. . .......:.t±-,n..~i.x.'._r..u;:s.,a.Na . . . ~.~,,...._.,..~=a_.~,.-,...._,,,-...-...,,__.,.,,,,.,.,.va,~.,.r.-....,.~.~...r..~.~.. ~~.,~-~„=r-r-. EX~iIB1T "A" f' ~}~:.}.,f. i'l:,;. ..., . .. , ::,~ v.5 , ~, .{~:. ~., ~ . -~ That certain parcel of land situated in 5ection 28, Township 23 North, Range 1 West, Mount Diablo Sase & Meridian, County of Butte, State of Galifornia, described as follows: geginning at the intersectian of the quarter section line of said Section 28, with the southwesterly line of land af Southern Pacific Transportation Company; thence North 26° 36' 40".West alon.g said sauthwesterly line, being para11e1 with and distant 100.0 feet southwe~sterly, measured at right angles, from the original located center line of said Company's main track (Tehama Jct. - Chico Jct.), 33.55 feet to a point in a line par'~.lel with and distant 30.~0 feet northerly, measured.at right angles, from said quarter section line; thence East along last said parallel line, 2z3.70 feet to a point in the northeasterly lxne of said Comp~ny`s land; thence along said northeasterly line as follows: South 26° 36t 00" East being parallel with and distant 100.4 feet northeasterly, measured at right angles, from said center line of main track 33.55 feet to a point in said quarter section line, West along last said line 55.9~ feet and South 26~ 36~ 00" East being parallel with and distant 50,0 feet r_orth- easterly, measured at right angles, from said center line af main track 33.55 feet to a point in a line para]-lel with and da.stant 30.0 fe southerly, measured at right angles, from saa.d quarter section l~.ne; th~nce leaving said northeasterly line ~iest along last saa.d para11e1 line 111.84 feet to a point in said southwesterly line of said Company -Page 1 of 2- ~. . ,. . , ,-x=.~-~,,,~,~, ,u.~, . ,~~~.p,~N„~.,~,~,~.~~W,~„~.,~-~~ xm , ~~ n,~~~ ~, ..hw~s'h-~~- 'm»...:~-~+nmsiw.+sxrwa:rm'u~ms~-M..,«r...,...::..:.e.w..a~:.~,:.:.~-.-.r~,,.......,.~ ..~..w~+ . ~y.~'A:~YA%'~,~fU41~/~~y'rw 'l . . land; thence North 26° 36' 00" Vlest along last said line being parallel with and distant 50•~ f~et southwesterly, measured at right angles, from said center line of main track 33•55 feet to a point in saxd quarter secta.on line and West along said quarter section line, 55.92 feet to the point of beginni.ng, containing an area of 0.231 of an acre, more or less. ~ ~ Q ~ ~ C.G C..~ ~ ~ ~ ~ ~ ~ G? -........_ _ ..__ __ ~~ ~.: ~ ~ E z ~ . 0 d r ~ ~ }::, ; {:v : ~ `~' ~ ~ '` % ~ ~ ~~. ~ ~> I ~; i . , ,1~~03 . ~'~.~~~ ~ ~ ~ I ~'4 ,~ ~ ~~ ~~ yo ~ ~ ~~~ fi ~ ~ ~ltti~~~ F ~~~~~ ~~fl~~ .~ ~ ~ fi ~ ~, ~1 p rn ~ ~ ~I ~ y~ ~ ~ x ~ v ~ °~ ~~ ~ ~ ~' ^ ~ ~ ~ ~ I.n ~ ~ \ ~ ~ V~ )~. 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