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Home My WebLink About1967-060 Agreement Southern Pacific Co.S-2"0 A. W. KILBORN SUPERINTENDENT B. W. BISHOP ASSISTANT SUPERINTENDENT J. W. FERGUSON DIVISION ENGINEER 251 UNION STATION, PORTLAND, OREGON 97209 V. R. RUSSELL ASSISTANT SUPERINTENDENT DUNSMUIR, CALIF. VOM July 27, 1967 IN REPLY PLEASE REFER TO GMG 62422 0-0-Ash-66-17 Mr. Allen A. Alsing TJ Director of Public Aorks City of Ashland City Hall Ashland, Oregon, 97520 Dear Sir: Referring to previous correspondence relative to the proposed widening of North lilount- ain Avenue crossing C-4218.7, Ashland. Attached is fully executed copy of agree- ment dated July 3, 1967 between Southern Pacific Co. and City of tishland relative to the improve- ment of 'North Fountain Avenue. If the City records the attached instru- ment, please advise recording data. Yours truly, "ES OLU T I Ou' A resolution authorizing the Mayor and City Recorder to exec:iue a contract with the Southern Pacific Coinany for the mprovcm,ent of that portion of North mountain .venue within the Southern Pacific Company right of way. T','H.r r.t-',S, the City of Ashland and the Southern Pacific Company have been negotiating with regard to the duties to be assumed by each concerning the improvement of Borth Mountain Rvenue within the right of way of the Southern Pacific Company, and WHEREAS, a proposer; contract has been presented by the Southern Pacific Company to the City of Ashland, and ITHERr7kS, the me:rbers of the Common Council have reviewed the terms and conditions of said contract and believe it to be to the best interests of the City that said contract be entered into, 17019* TILIEREPO.NUE, DE IT RESOLVED by the Mayor and Common Council of the City of Ashland: 1. That the Mayor and City Recorder be, and they hereby are, authorized and directed to execute for and on behalf of the City of Ashland that certain contract between the Southern Pacific Co., pan y, a corporation of the State of Delaware, therein termed "Railroad" and the City of Ashland, therein termed "Grantee", vfaich contract provides for the duties and responsibilities of t;e Railroad and the Grantee with regard to the paving and improve- meat of North Mountain Avenue 0here the same crosses and intersects the railway right of way of Railroad. The foregoing resolution was duly passed, under a suspension of the rules, at a regular meeting of the Common Council held on -1- rz the day of June, 19G7, the vote beincas follow;;: Ayes Nays' Approved: Mayor' r.,o all of Vhich •I hereby certify: Recorder - RAF - 12/13/66 - V - G 4578-70 3-65-1 M C.B. 7362 Xbisc Nbenture, made this j A- day of j V and between SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware, herein called "Railroad," and CITY OF ASHLAND, a municipal corporation of the State of Oregon, herein called "Grantee." Ivitneactir , 19 6 7, by 1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway, hereinafter termed "highway," upon and across the following described real property: A parcel of land situate in the southeast quarter of the northeast quarter of Section 9, Township 39 South, Range 1 East, Willamette Meridian, in the City of Ashland, County of Jackson, State of Oregon, described as follows: Beginning at the northeasterly corner of land described in deed, dated October 4, 1956, from Ruby Shores, to Southern Pacific Company, recorded November 16, 1956, in Deed Book 434, Page 331, Deed Records of said county, distant 30 feet southwesterly, measured at right angles, from the original located center line of said company's main track (Siskiyou to Medford) at Engineer Station 1146+59.99; thence North 0011'00" East, along the northerly prolongation of the easterly line of land described in said deed 114 dated October 4, 1956, a distance of 79.57 feet keA to a point in the northerly line of said Com- 41, pany's land; thence along said northerly line the following courses; South 5404712511 East 36.63 feet, South 0°11'00 " West 6.56 feet, and South 6100910011 East 34.19 feet; thence South 0011100" West, 68.38 feet to a point in the southerly line of said Company's land; thence North 61°09100" West, along last said southerly line, 68,38 feet to the point of beginning, containing an area of 4368.00 square feet, more or less. la. The rights herein granted are expressly limited verti- cally and shall not extend beyond a plane parallel with and twenty (20) feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and similar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the space above said plane. RAF - 12/13/66 - V 67--07421 lb. Any contractor performing work on the property herein described shall execute Railroad's standard form of Contractor's Agreement prior to commencing any work on Railroad's premises. lc. Railroad, at its expense, shall remove existing pavement along each track through the crossing, prepare each track, including necessary change of running rail and installation of timber planking along the rails of each track through the existing width of the crossing and install one (1) additional crossing sign per standard No. 1R of the Oregon Public Utility Commissioner's Decision No. 36962. ld. Railroad, at the expense of Grantee, shall furnish and install timber planking along the rails of each track through the widened portion of the crossing area, and relocate one (1) existing crossing sign. Grantee agrees to reimburse Railroad for all costs and expense incurred by Railroad in connection therewith. le. Grantee, at Grantee's expense, shall furnish and install all necessary roadway paving on approaches to the widened crossing, including the area between tracks and shall relocate or replace the existing boulevard stop signs as may be necessary. If. The work to be performed by Railroad hereunder shall be undertaken as soon as labor and materials are available following execution of this indenture and shall be completed within one (1) year thereafter. :: N H a 6 7--C7421 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the performance of its duty as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and uselexisting and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe line facilities and appurtenances in, upon, over, under, across or along said property. 3. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word GRAN ' as used herein shall not be construed as a covenant against the existence of any thereof. 4. The rights herein granted to Grantee shall lapse and become void if the construction or recon- struction of said highway upon said property is not commenced within one (1) year from the date first herein written. 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway upon said property from the governmental body or bodies having jurisdiction thereover. 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said highway upon said property. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed, Railroad shall maintain the portion of said highway between lines two (2) feet outside the rails of each track located thereon. 8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction or reconstruction of said highway upon said property commenced within one (1) year from the date first herein written. G'2-6742 9. Should Grantee, ,its successors or assigns, at any time abandon the use of said property or any art )e thereof, or fail at any time to use the same for said purpose for a continuous period of one 1 p granted shall cease to the extent of the use so abandoned or discontinued, and Railroad, it successo shts or assigns, shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of the 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, in- cluding the paving, from said property of Railroad, to restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction 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 removal and restoration may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 10. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. IN DUMICATk . 1 .� SOUTHEII OU ]~ 'C PANY By - a Value of interest conveyed herein does not exceed $100 67-UW421 _..• r� t r �l!4d 167 l�,�r a ...' f'714 2 j 2 CLEfri e rIi.Lwas Attest: �ePsis-ant Se etary S........., CITY OF ASHTn41sf;D__ )lda y" By C erk 6 7--C 7421 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the performance of its duty as a common carrier and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and user existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipe line facilities and appurtenances in, upon, over, under, across or along said property. 3. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word GRANT as used herein shall not be construed as a covenant against the existence of any thereof. 4. The rights herein granted to Grantee shall lapse and become void if the construction or recon- struction of said highway upon said property is not commenced within one (1) year from the date first herein written. 5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or the power to authorize the installation of any ditches, pipes, drains, sewer or underground structures, or the facilities of any telegraph, telephone or electric power lines in, upon, over, under, across or along said property, except as may be necessary for the maintenance of said highway. 6. Grantee shall obtain any necessary authority and permission required to construct, reconstruct, maintain and use said highway upon said property from the governmental body or bodies having jurisdiction thereover. 7. Except as herein otherwise provided, Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said highway upon said property. The crossing of said highway over any tracks of Railroad shall be constructed and maintained at the grade of said tracks now or hereafter existing. After the construction or reconstruction of said highway has been completed, Railroad shall maintain the portion of said highway between lines two (2) feet outside the rails of each track located thereon. 8. Grantee agrees to reimburse Railroad for any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have heen nnid by Rnilrnnrl) 6'7-C 7421 STATE OF CALIFORNIA, 1 ss. City and County of San Franciscof On this—_J&tb,._—day of �-- e J4 in the year One Thousand Nine Hundred and Sixty s®vn —-- before me, John E. Jurgen, a Notary Public in and for the City an County of San Francisco, State of California, personally appeared (65 Market St.) W. M. Jaekle and C . E.- Eagan JOH' E. JURGENS NOTARY PUBLIC - CALIFORNlA .ram PRINCIPAL pt—F OF ROSINESS IN CITY AND CnUNTY OF SAN FPANCISCO My Commission Expires June 14, 1969 known to me to be theViQe President and Asst. SeCTeta2'f of the corporation described in and that executed the within instrument, and also known to me to be the person.3 who executed it on behalf of the corporation therin named and he Y acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above written , -n Corporation Notary My Commission Expires June 14, 1969. in and f e Ci and CWnty of San Francisco, State SOUTHE F � XC' PANY r By T I FORM NO.23 — ACKNOWLEDGMENT STATE OF OREGON, 17 —C7421 STEV EN S-N ESS LAW PUB. CO.. PO RTLAN 0, 5Qi2 SS. 6V_ County of fGIG!40/---- -------- ----- - j BE IT REMEMBERED, That on this -------1 _ day of__-__.C/ _______------- -------------, 196.7 before me, the u_ndersi ned, a of r Public in a d for said County a�n, Stale, personally appeared the within namedy✓_.L. 4I'-T > ------ - --------.._./Vel/—------------------------ --- ------ ------------------ ------------------------------------------------------- --- - - - - - --------------------------------------------------------------------------------------------------------------------------------------------------------------------- known to m@,�4d'6&-,4h1.e identical individual_- described in and who executed the within instrument and acknowle g - to �4te _ - -1. e - ---- � �: 2 Q ; �' P f N executed the same freely and voluntarily. TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official §eql the day and year last above written. Notary Public fo regon. My Commission expires'F,iIY-Cv v.'. S�'L_i-�]2,_19: