HomeMy WebLinkAbout1988-50 So Pacific Crossing at Laurel & Hersey
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 J,44 day of 1988.
L. Gordon Medaris
Mayor
C c •7► r~~
Southern Pacific
Transportation Company
Southern Pacific Building • One Market Plaza • San Francisco, California 94105
G. L. MUROOCK
CHIEF ENGINEER
January 13, 19889 IN REPLY PLEASE REFER TO
E-912521/323
Mr. Steven M. Hall, P.E. ^ v,
Public Works Director a''®
City of Ashland>
City Hall J
Ashland, Oregon 97520 f
Dear Mr. Hall: „ 29
Kindly refer to your letter of November 15, 1988, by which
you transmitted duplicate counterparts of the street/highway ease-
ment pertaining to the proposed improvements to Laurel and Hersey
Streets, crossing C-429.69, in Ashland.
Attached for your records is fully executed counterpart of
street/highway easement in connection with the above-referred to
crossing. If and when recorded, kindly supply recording information
for our records.
Yours very truly,
Attach. j
RLD/clm
DEPARTMENT OF PUBLIC WORKS CITY HALL
Steven M. Hall, P.E., Director 503-482.3211
sY
(ltitq of IPW41unb
ASHLAND,OREGON
97520
December 15, 1988
G. L. Murdock
Southern Pacific Transportation Co.
One Market Plaza
San Francisco, CA 94105
Dear Mr. Murdock:
On November 15th we sent you the original Resolution
No. 88-50 with two copies of the Street or Highway Easement
Agreement to be signed by the proper officials and one copy
was to be returned to us. As of this date, we have not
received that copy and would like to remind you so we can
get on with the process.
Wishing you a safe and healthy holiday season.
Sincerely,
Steven M. Hall, P.E.
Public Works Director
cc: City Recorder
RAF/rb - VI - 8/26/88 - 05380/321-2
I
89-02028
1 S,
APPROVED AS TO FORM BY GENERAL COUNSEL C.S.7362
MARCH 15, 1973
STREET OR HIGHWAY EASEMENT
Z4W fuhruturr, made this /G~rday of ~Fcw~ 19 $8 , by and between
SOUTHERN PACIFIC TRANSPORTATION COMPANY,
herein called "Railroad", and
a Delaware corporation,
CITY OF ASHLAND, a municipal
corporation of the State of Oregon, herein called "Grantee":
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 real property described on the attached Exhibit "A".
2. The rights herein granted are expressly limited vertically 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 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 Railroad that such facilities interfere with Railroad's intended use of the
space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
perty described in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and
assigns, the right to construct, reconstruct, maintain, use and remove existing and future transportation, communication,
power and pipeline facilities in, upon, over, under, across or along said property. In the event Railroad trackage facilities
are removed from said property, 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 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. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two (2) years 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 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 necessary for maintenance of said
highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway.
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.
7. Except as herein otherwise provided, Grantee shall bear the entire expense of constructing, reconstructing and main-
taining said highway. 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 surface of that portion of said highway between lines two (2) feet outside the rails of each track
located thereon. Should Railroad abandon tracks leading to said highway, Railroad may abandon its rails, ties and appurte-
nant materials and leave same in place. In such event, Railroad shall not be liable for maintenance of the portion of said
highway specified above.
8. As 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 part of the expense incurred in connection with the construction
or reconstruction of said highway commenced within two (2) years from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for 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 right, 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 or abandoned.
Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including 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 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.
11. Sections 12 to 17 inclusive on the attached insert are hereby made parts of this
indenture..
IN WI' N SS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and
year firs] ?e n1written.
SO N 11,CIFIC+TRANSPORTATION COMPANY CITY OF ASHLAND
By _ By
tTitbe) "-I anacer Mayor
or^cts and mt Facilities
,00 f
L *4
.E:y«
89-02028
STATE OF OREGON ) ss
County of Jacson )
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.
testimony whereof, I have hereunto set my hand and seal the
dad ancjt-dear last above written.
it 40 *A*
Notary Public for Oregon
~f. My Commission Expires: r
~rf FT h O~°
STATE OF CALIFORNIA )
> ss.
City and County of San Francisco )
On this _ a ~ k day of Arrp_PWhC Y in the year One Thousand Nine Hundred and Eighty Ate',"-,
before me, Roger Wilkerson, a Notary Public in and for the City and County of San Francisco, State of California, personally
(one Market Plaza) appeared
known to me (or proved to me on the basis of satisfactory evidence) to be the
MROGER ERSO N person whose name is subscribed to this instrument, and acknowledged that he
ALtFORN IA (she or they) executed it.
COD an Francisco
Fab. 20, 1990 - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal at my office in the City and C San Francisco y and year in
this certificate first above w ' en.
General
Notary Public in and for the City and C y of San Francisco, State of California.
I
My Commission Expires Feb. 20, 1990
89-02028
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.
89-02028
EXHIBIT "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 line 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 from 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 the parcel of land;to be described; thence South 33°47'19"
East along said northeasterly line, 34.86 feet to a point in the
easterly line 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 the 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 prolongation of Hersey Street; thence
South 63°42'55" East along last said prolongation, 41.42 feet to a
point in the southerly prolongation 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.
Jackson County, Oregon
f Recorded
OMCW. RECORDS
i IS JAN &01989 e.bL
KATHLEEN S. BECKETT
R-K and RE ER
~ t„
A- 0870
ass
C-42G.Coq-X
N .C 2/W
' A~J'HLANDO,~MI,TAL.ENT rJ,DIMi
' r' ~ J'-~CI-N TO I~-~LLYATE ~/T~~P
s Ahl ~ I MPP~Ct-' AfZEPF~
R ~ / ~ / W I l7EN CQ.O~fJI NG F~cnn I81-ro401
Al
4.70 ~L...AGK ~L.7TTE O ~PizINGFIELD:Er
Southern Pacific
~i Transportation Company
~ / ~ ~15KI Y'OU I--•IfJ~
ASHI-AN D
L.._EGE=-lV O W i E~r.i NE~Y ~ Lauer
IT { ot^ ASHLPND
1 SCALE 1" _ ~I' OeC.~n .J~q ~IYISION
VAL. SEC. 15 SHEET ® DRAWN BY $iC.( CHECKED BY
~-o SHOws NEw W02K -
p~ -6870
~~""77 ROUTE NO. G M.A A1A.(dI DRAWING NO.
`{~L_Q~~/ ~F{pblf~J 0"1;=-f CV- IG-rIV-E DATE APell 7-Z,1988 SHEET NO.
yrs - (ice-F-20WcJ 5~, Cp. I^-G7JJP~rLTY ~Ihl~ REVISED TO FILE DRAWER