Res 1083 - Easement Strm Drain
COUNCIL BILL NO. 1441
RESOLUTION NO. 1083
A RESOLUTION ACCEPTING AN EASEMENT ACROSS THE SOUTHERN PACIFIC
RAILROAD TRACKS FOR A STORM DRAIN PIPE AND AUTHORIZING EXECUTION
OF A SUPPLEMENTAL AGREEMENT.
WHEREAS, storm water problems exist for the properties located west of Highway
99E on the north and south sides of Highway 214; and
WHEREAS, the property owners are responsible for the design and construction
of storm drains; and
WHEREAS, the City finds it useful to plan ahead and facilitate the resolution of
storm water problems; and
WHEREAS, the storm drain design work, done by a consulting engineer, identifies
the location for a crossing of Southern Pacific Railroad tracks; and
WHEREAS, if the easement work is done ahead of time, their time delay for
construction can be avoided; and
WHEREAS, Southern Pacific Transportation Company has asked the City to send
them a copy of the approved resolution with the easement documents; and
WHEREAS, the Council approved Resolution NO.1 025, on November 7, 1990, to
accept the easement and authorize the payment of the processing fee; and
WHEREAS, the agreement needs to be extended for more time to complete the
project; NOW, THEREFORE;
Page 1 -
COUNCIL BILL NO. 1441
RESOLUTION NO. 1083
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THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City accept the easement for the storm drain across the Southern
Pacific Railroad track.
Section 2. The Mayor is authorized to execute, on behalf of the City, the
Supplemental agreement attached to this resolution.
Section 3. The City Council authorizes the payment of $505.00 for the processing
fee of the modification of the easement document by Southern Pacific Railroad Company.
Approved as to form:~' ~
City Attorney
1- / '6 -;1
Date
APPROVED:
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Passed by the Council
September 23, 1991
September 24, 1991
Submitted by the Mayor
Approved by the Mayor
September 24, 1991
Filed in the Office of the Recorder
September 24, 1991
Attest:
;n ~/-
~ Tennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1441
RESOLUTION NO. 1083
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REJ/jej.CcyofWbrn
September 5, 1991
Page 1 of 2
SUPPLEMENT TO LEASE AUDIT NUMBER 211485 AND DEED AUDIT NUMBER 67606
THIS SUPPLEMENTAL AGREEMENT, made this .lJ.!~ay of 5fPT'tmfYfe,.
1991 by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a
Delaware corporation, herein termed "Railroad" and CITY OF
WOODBURN, a municipal corporation of the State of Oregon, 270
Montgomery Street, Woodburn, Oregon 97071, herein termed "Grantee";
RECITALS:
By agreement dated August 1, 1990, the parties
hereto entered into an agreement whereunder Railroad
permitted grantee to construct, maintain and operate a
36-inch storm drain in, upon, along, across and beneath
property of Railroad at or near Woodburn, County of
Marion, State of Oregon.
It is desired to amend said agreement as herein
after set forth.
AGREEMENT:
1. Section 5 of said agreement is hereby amended to read as
follows:
"5. The rights herein granted to Grantee shall lapse and
become void if the construction of said structure upon
said property is not commenced within one (1) year from
the date first herein written in this Supplemental
Agreement.
~ 2. Section 9 of said agreement is hereby amended to read as
follows:
"9. As part consideration, Grantee agrees to pay
Railroad an amount equal to any and all assessments which
may be levied by order of an 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 of
said structure upon said property commenced within one
(1) year from the date first herein written in this
Supplemental Agreement.
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1tEJ/jej.CtyofYbrn
September 5, 1991
Page 2 of 2
3. Grantee will pay Railroad $505.00 partially to defray the
cost of handling.
4. Except as herein otherwise provided, all of the terms,
covenants, and conditions contained in said agreement dated August
1, 1990, shall be and remain in full force and effect.
WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year herein written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By: vie / /VaJ ~Vt)
( T i ) Manag~r.Contracts
CITY OF WOODBURN
By:
(Title)
By:
(Title)
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