HomeMy WebLinkAbout1988-078 Laurel/Hersey RR Xing89-02028
RAF/rb - VI - 8/26/88 - 05380/321-2
APPROVED AS TO FORM BY GENERAL COUNSEL
MARCH 15, 1973
STREET DR HIGHWAY EASEMENT
7~
SOUIHERN PACIFIC TRANSPORTATION COMPANY,
a Delaware corporation,
CITY OF ASHLAND, a municipal
corporation of the State of Oregon,
CS 7362
,193'~' ,byand h,twt, en
herein called "Ikdh'oad". and
herein called "(
1. That Railroad hereby grants to (;rant(,e the right to emmtruct, reconstruct, maintain a.d rise a street .r
bereinafter termed "highway", upon and across the real property described on the attached Exhibit "A".
2. The righ~ herein granted are exlwessIy limited vertically and shall not extend beyond a plane parallel ~tith and
t~venty (20) feet above the roadway sm'face of the high~vay as originally eons(rue(ed, except that lighting fixtures and simi-
le' highway apt)twtenances may extend above said plane, provided that any SUCh facilities will be removed or
within thirty (30) (lays after notification from Railroad that such facilities interfere with Railroad's intended us~, .f the
space above said plane.
3. This grant is subject add subordinate to the prior right of liaih'oad, its successors and assigns, to use all the
perry described in the performance of ils duly as a eolnmon carrier, and there is reserw~d unlo Railroad, ils snccessors
assi~s, tile right to construct, reennsLruet, maintaio, rise and remove existing and future Lransporlation.
power and pipeline facilities in. upon, over, under, across or along said property. In the event I{aih'oad trackage facilitie~
are removed from said properly. Railroad shall not he obligated to mak~ any change in the grade of said highway.
shall such removal affect ~qih'oad's title to the underlying property.
This grant is subject to all licenses, leases, easements, restrictions, conditions, covenants, oncumbrances, liens
claims of title which may affect said property, and the word "grant" shall not he eons(rued as a covenant againsl
existence thereof.
4. The rights herein granted shall lapse and become void if the eons(ruction or reconstruction of said highway is not
commenced within two (2) years fi'om the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to
the installation of any dishes, pipes, drains, sewer .r m~dergrotmd structures, or the facilities of any telegraph,
or electric power lines in, tlpo~, over, under, across or along said propelS2, except as necessary for maintenance of >aid
highway.
G. Grantee shall ohtain any necessary governmental authority to eons(rue(, reconstruct, maintain and use said highway.
An~ epa(factor performing work on the Iwoperty herein described shall execute ~dlroad's standard form of eont,'aetm"s
agreement prior to commencing an~ work on Raih'oad's premises.
7. gxeept as herein otherwise provided, Grantee shall bear the enth'e expense of constructing, reconstructing and
Udning said highway. The crossing of said highway over any tracks of ~dh'oad shall be constructed and maintained at tho
grade or said tracks now or hereafter existing. After the eonstruetlon or reconstruction of said highway has been completed.
~ilro~l shall maintain the surface of that portion of said highway between lines t~vo (~) feet outside the mils of each track
I~nted thereon. Should Railroad abandon tracks lending to said highway, Railroad may abandon its rails, ties and
nan( materials and leave same in place. In such event, Railroad shall not be liable for maintenance of tl~e par(ion .f
highway specified above.
8. As part consideration herefor, Grantee agrees to pay }ktilro:td an amount equal lo all assessments levied by any
lawful b~ly against the property of Railroad lo defray any part of the expense incurred in connection with the eonstructi,m
or reconstruction of said highway commenced within two {2~ >'ears fi'om the date first herein written.
9. Should Grantee at any time abandon the use of said Iwoperty or any part thereof, or fail to use the same for said
purpose for a continuous period of one {1} year, the riKhls granted shall cease to the extent of the use so a[}alldoned
discontinued, and ~tih'oad shall at once have the right, in additien to but not in qualification of the rights hereinab.ve r,~-
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, Gra.tee agrees to remove said highway, includiDg the paving, from said
property of Raih'oad, to restore said ln'operty as nearly as practicable to the same state and condition in which it existed
prior to construction of said highway, and to bear the expen: e thereof. Should Grantee in such event fail. negk,et -r
to so remove said highway and restore saki Iwoperty. such removal and restoration may be performed by Raih'oad ut the
~pense of Grantee, which expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and he binding utxm the successors and assigns of the parties hereto.
11. Sections 12 to 17 inclusive on the attached insert are hereby made parts of this
indenture.,,.
S0U~ERN ~ClFI'OTRANSPORTAT~ON COMPANY CITY OF ASHkAND
. {Ti, t ~ )~r M~p~er .,. Mayo r
, ~ %' /~ ~o~ct~ a~int Fao.lies
~ .,c~., ~' .....
..... , /~ Q"~/ lid,
" 89-02028
STATE OF OREGON )
County of Jacson ) ss
On this 3rd day of November, 1988, before me, the undersigned
a Notary Public in and for said County and State, personally appeared the
within named L. Gordon Medaris and Nan E. Franklin who are known to me
to be the identical individual(s) described in and who executed the
within instrument, and acknowledged to me that he/she/they executed
the same freely and voluntarily.
.......... i',""~'""ID testimony whereof, I have hereunto set my hand and seal the
i'~-" day ~ear last above written.
,.. .... , -/..,%
,' ~ ~'~ ~',
· '\ ' ..
.~ .o~8,2el,.~:~/ Notary Public for Oregon
%,z.. · .. My Commission Expires:
STATE OF CALIFORNIA )
) ss.
City and County of San Francisco )
On this ~-~ day of lK~.~..~y~.~_.y. , in the year One Thousand Nine Hundred and Eighty~L,
before me, Ro9er Wilkerson, a Notary Public in and for the City and County of San Francisco, State of California,~personaHy
(one Market Plaza) appeared ~ t,,.~./'~. '~,,.3 I~ ~ ~;oK ~~
~'~ ROGER WlLKERSON'¢~] ~]~]~]MM~~
NOTARY PUBLIC-CALIFORNIA
City lind County of San Francisco
General
My Commission Expires Feb. 20, 1990
I
known to me (or proved to me on the basis of satisfactory evidence) to be the i
person whose name is subscribed to this instrument, and acknowledged that he
I
(she or they) exec~ed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
sesl at my office in the City and~an Francisc~sy mnd yemr in
Notary Public in and for the C~ and~o~Ey-o'f-San Francisco, State of Cal~jinia.
$9-02025
INSERT
CROSSING NO. C-429.69 (Laurel and Hersey Streets)
CITY OF ASHLAND
12. The print of Railroad's Drawing A-6870, dated April 22,
1988, is attached and hereby made a part hereof.
13. Railroad, at its expense, shall remove the existing crossing
surface, resurface the existing crossing area and install AC paving in
the existing crossing area.
14. Railroad, at Grantee's expense, shall resurface the track in
the widened portion of the crossing and install AC paving in the
widened portions of the crossing. Grantee agrees to reimburse
Railroad for one hundred percent (100%) of the cost and expense
incurred by Railroad in connection therewith.
15. Railroad shall submit to Grantee a bill for its share of the
estimated cost upon completion of work contemplated which bill Grantee
agrees to promptly pay. Should the actual cost prove, upon completion
of audit, to be more or less that such estimated cost, the difference
shall be promptly paid by Grantee or refunded by Railroad as the
case may be.
16. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following
execution of this instrument and shall be completed within one (1)
year thereafter.
17. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so as
to bind and benefit their respective successors and assigns.
89-02025
EXll !r lilt "A"
That certain parcel of land situated in the City of Ashland,
Jackson County, State of Oregon, described as follows:
Commencing at the point of intersection of the center llne of
Hersey Street (60 feet wide) with the center line of Laurel Street (60
feet wide), said point being distant South 25"35'00" West along last
said center line, 23.52 feet fro,, the center line of,..Southern Pacific
Transportation Company's main track (Medford - Black Butte); thence
North 25"35'00" East along said center line of Laurel Street 58.38
feet to a point in the northeasterly line of land (60 feet wide) of
said Southern Pacific Transportation Company and the True Point of
Beginning of tile parcel of landl to be described; thence South 33"47'19"
East along said northeasterly line, 34.86 feet to a point in the
easterly li[~e of said Laurel Street: thence South 25"35'00" West along
the southerly prolongation of said easterly line, 10.99 feet to a
point in the westerly prolongation of the northerly line of said
Hersey Street; thence South 63"42'55" East along last said prolonga-
tion, 18.85 feet to a point in said northeasterly line; thence South
33"47'19" East along said northeasterly line, 120.27 feet to a point
in the southerly line of said Hersey Street; thence North 63"42'55"
West along the westerly prolongation of said southerly line, 120.16
feet to a point in tile southwesterly line of said Company's land;
thence North 33"47'19" West along said southwesterly line, 120.39 feet
to a point in said westerly prolo;tgatio~t of Ilersey Street; thence
South 63042'55'' East along last said prolongation, 41.42 feet to a
point in tile southerly prolo;~gation of the westerly line of Laurel
Street; thence North 25"35'00" East along last said prolongation,
45.72 feet to a point in said northeasterly line of said Company's
land; thence South 33"47'19" East along said northeasterly line, 34.86
feet to the True Point of Beginning, containing an area of 8916 square
feet, more or less.
J~ok~on County, O~egon
Iteco~ded
o cmL sco )s
I · tS JAN 1989
F,~ATHLEEN S. BECKETT
RESOLUTION NO. ~'~--~
A RESOLUTION OF THE CITY OF ASHLAND, OREGON, AUTHORIZING THE MAYOR
AND CITY RECORDER TO SIGN ATTACHED AGREEMENT FOR THE INTERSECTION
OF LAUREL AND HERSEY STREETS, SOUTHERN PACIFIC TRANSPORTATION
COMPANY CROSSING ~ C-429.69.
WHEREAS, the City of Ashland will be widening Hersey Street
from N. Main to Oak Street; and
WHEREAS, the widening requires additional easement area from
the Southern Pacific Transportation Company; and
WHEREAS, the attached agreement meets the needs of the City
and the Railroad.
NOW, THEREFORE, BE IT RESOLVED that the City of Ashland City
Council authorizes the Mayor and City Recorder to execute the
attached agreement for an easement from the Southern Pacific
Transportation Company at Crossing C-429.69 at Laurel and Hersey
Streets for the purpose of widening Hersey Street.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the
day of ~~ , 1988.
SIGNED and APPROVED this
day of / /~ , 1988.
Mayor