HomeMy WebLinkAboutCouncil Resolution 1430 RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A SECOND AMENDMENT TO A ROAD EASEMENT AGREEMENT
BETWEEN CENTRAL OREGON& PACIFIC RAILROAD,INC.AND THE CITY OF
CENTRAL POINT
WHEREAS,the City of Central Point has an approved Final Order(FO) for the construction of a
New Railroad-Highway Grade Crossing at Twin Creeks Road and Central Oregon&Pacific
Railroad; and
WHEREAS,the First Amendment to Road Easement Agreement has expired and a subsequent
amendment is necessary to ensure the construction of transportation and utility improvements;
and
WHEREAS,the Twin Creeks/Highway 99 at-grade railroad crossing is identified in the City's
2008 Transportation System Plan(TSP)as a high priority Tier 1,Short-term project(Project No.
202)which is scheduled for funding and construction; and
WHEREAS,the completion of the Twin Creeks/Highway 99 at-grade railroad crossing is critical
to subsequent completion of the Twin Creeks master plan and general economic development in
the City of Central Point; and
WHEREAS,the City Council of the City of Central Point deems that the necessity,convenience
and the general welfare of the public will benefit by this agreement;
NOW,THEREFORE,THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS,to
approve the Second Amendment to Road Easement Agreement(No. CORP 080625)in the
manner stated in said agreement which is Exhibit"A".
BE IT FURTHER RESOLVED that the City Council directs the City Manager to consummate
the agreement(Exhibit"A")following the adoption of this resolution.
PASSED by the City Council and signed by me in authentication of its passage this I (0 day
of AL 51 u ,2015.
J 6 i�-.�
Council President Bruce kyngler
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ity Recorder `f
City Council Resolution No (7/16/2015)
Exhibit A
SECOND AMENDMENT TO ROAD EASEMENT AGREEMENT
Agreement Number: CORP 080625
This agreement made as of this day , 2015.
Between:
Central Oregon and Pacific Railroad, Inc.
(in this Agreement called "Railroad")
And
City of Central Point
(in this Agreement called "Grantee")
Whereas, Railroad and Grantee are parties (or successors thereof) to a certain Easement
Agreement (hereinafter"Original Agreement") dated June 24th, 2008 and an Amendment to said
Original Agreement (hereinafter "Amendment") dated August 10, 2011 in the respect of a
proposed at grade road crossing as described by Exhibit "A" of the Original Agreement.
And, whereas the parties have mutually agreed to modify the terms of the Original Agreement
and Amendment once more in the manner and to the extent hereafter set forth:
NOW THEREFORE THIS AGREEMENT WITNESSETH:
1. Section 4 of the Original Agreement and Amendment is amended in its entirety to read as
follows: The rights herein granted shall lapse and become void upon construction or
reconstruction of said highway by Grantee, its agents or assigns, except as otherwise
extended in writing by Railroad."
2. Section 10 of the Original Agreement is hereby amended to read, "Grantee and Railroad
acknowledge payment in full with execution of this amendment. This brings the total
cash outlay for the easement described in the Original Agreement to One Hundred
Twenty Five Thousand Dollars ($125,000). This payment shall secure the right to this
easement until such time as construction of the Twin Creeks Crossing begins and no
further payment shall be required from Grantee to maintain the Easement granted
herein."
3. In all other respects the Easement Agreement is hereby ratified and confirmed.
In WITNESS WHEREOF, the parties hereto have executed this agreement as and of the day of
the year first written above.
City of Central Point Central Oregon& Pacific Railroad, Inc
Print Name and Title Toni'D Long— Tice President