HomeMy WebLinkAboutCouncil Resolution 1182RESOLUTION NO. `~~
A RESOLUTION DIRECTING THE CITY ADMINISTRATOR OR HIS DESIGNEE TO
ENTER INTO A STREET OR HIGHWAY EASEMENT AGREEMENT WITH THE
CENTRAL OREGON & PACIFIC RAILROAD
WHEREAS, the City of Central Point has received a Proposed Final Order (PFO) for the
Construction of a New Railroad-Highway Grade Crossing at Twin Creeks Road and Central
Oregon & Pacific Railroad; and
WHEREAS, the Central Point Comprehensive Plan and its transportation element reflect the
alignments and construction of said Highway Grade Crossing; and
WHEREAS, the Central Oregon & Pacific Railroad has stipulated the City enter into a Street or
Highway Easement Agreement (Exhibit A) as a condition of receiving a Final Order from the
Oregon Department of Transportation (ODOT) Rail Division; and
WHEREAS, the Central Point City Council desires to satisfy the PFO and to proceed with the
construction of a New Railroad-Highway Grade Crossing at Twin Creeks Road;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTRAL POINT, OREGON that the City Administrator or his designee is hereby directed to
enter into the street or highway easement agreement (Exhibit A) with the Central Oregon &
Pacific Railroad and to carry out the conditions of the City (Grantee) set forth in the agreement.
P ed by the Council and signed by me in authentication of its passage this `~" ~h"day of
J,~,~ , 2008.
Mayor Hank Williams
APPROVED by me this ~ day of Jyn-~ , 2008.
~.
Mayor Hank Williams
EXHIBIT " ~"
Boundary Description
Railroad Easement Crossing
Commencing at the northwest corner of the Southwest Quarter of Section 3, Township 37
South, Range 3 West, Willamette Meridian, City of Central Point, Jackson County,
Oregon, thence North 89°51'36" East, along the north line of said Quarter Section
2166.52 feet to the easterly right-of-way line of the Central Oregon and Pacific Railroad
Corp. right-of-way also being the westerly right-of-way of Highway 99; thence South
35°49'55" East, along said common right,-of-way 54.95 to the POINT OF BEGINNING;
thence continuing along said common right-of-way line, South 35°09'55" East, 42.9$
feet, thence leaving said common right-of-way, South 54°50'OS" West, 5.72 feet; thence
North 7b°08' 1 b" West, 17,18 feet; thence South 55 °03' 11 " West, 43.02 feet to the
westerly right-of--way line of said rail road right of way; thence North 35°09'55" West
115.25 feet; thence leaving said westerly right-of--way line, North 28°42'15" East 42.90
feet; thence along anon-tangent curve to the left having a radius of l46 feet, an internal
angle of 28°19'53" and an arc length of 72.19 feet, {the long chord of which bears North
20°59`58" West 71.46 feet); thence North 3S°09'55" West, 4 feet southwest and parallel
to said common right-of--way line, 207.41 feet; thence North 54°50'05" East 4.00 feet to
the POINT OF BEGINNING.
Prepared By: Farber and Son's Inc.
Fazber Surveying
431 Oak Street
Central Point, OR 97502
(541) 664-5599
Date: April 27, 2006
EXHIBIT MAP F
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OREGON
R1LY 26 1985 ,
~ - ~ HERBERT A. FARBER
2189
REIJEWAL DATE 12-37-07
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PROPQSED LOT 35
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RAILROAD STATION 7669+64 \
MILE POST 446.35
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VALUATION MAP V-16
DATED 5-73-43. 5
- ;~ _ EASEMENT AREA
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Surveyed by. Q ~~ /~5~~ ~~` ~~:
FARBER & SQI~IS, INC. "~~ G~C~
dba FARBER SURVEYING
(54l~ 664-5599
PO BOX 528fi 'O
431 OAK STREET ~°~
CENTRAL PO/NT. OREGON 97502 ~ ~o
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flATE: April 4, 2006 PROPOSED LOT 3
JOB NO. 0549-96K
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e~claiD!#.S""\rQi/road crossing exhibit.dwg
ATTACHMENT " ~ "
STREET OR HIGHWAY EASEMENT
THIS INDENTURE, made this day of June, 2008, by and between Central Oregon & Pacific
Railroad, Inc., herein called "Railroad," and City of Central Point, a municipal corporation of the State of Oregon,
herein called "Grantee";
WITNESSETH:
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain a 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
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.
3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the
property described herein. There is reserved unto Railroad, its successors and assigns the right to construct, reconstruct,
maintain and use and remove existing and future transportation, communications, 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. Railroad's title to underlying property
shall not be affected.
4. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway
is not commenced within three (3) 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 from
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 Right of Entry 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 maintaining 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 rail of each track located thereon. Should Railroad abandon tracks leading to said highway, Railroad may
leave the rails, ties and appurtenant materials located therein or thereon in place. In such event, Railroad shall not be
liable for maintenance of the portion of said highway specified above.
8. Grantee agrees to pay Railroad an amount equal to all assessments levied by order of any lawful body
against the subject property of Railroad (and which may have been paid by Railroad) to defray any part of the expense
incurred in connection with the construction or reconstruction of said highway commenced within three (3) 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 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 right, in addition to but not in qualification of the rights hereinabove
reserved 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 to pay to Railroad upon demand.
10. Grantee agrees to pay Railroad cash consideration, simultaneously with Grantees execution of this
agreement, in the amount of Fifty Thousand Dollars ($50,000.00).
1 l . Grantee agrees that no construction of the highway crossing shall commence until Grantee and Grantor
have both entered into a Construction and Maintenance Agreement to be agreed upon between the parties.
12. 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.
1N WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the
day and year first herein written.
Central Oregon & Pacific Railroad, Inc.
Todd N. Cecil
Vice President
City of Central Point
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