Sutter County Municipal Code Ch. 1010 Southern Pacific Company

The County of Sutter, State of California, through and by the Board of Supervisors of the said County of Sutter, hereby grants to Southern Pacific Company, a railroad corporation, duly organized and existing under and by virtue of the laws of the State of Kentucky, and conducting and carrying on an interstate railroad business, in various states in the United States, including the State of California, and in the County of Sutter in said State of California, and to its successors and assigns, for the term and period of 50 years from and after the 20th day of August, 1925, but subject to all of the terms and conditions hereinafter made and expressed, the franchise, right, privilege and permission to construct, lay down, maintain and operate for itself, its successors in interest and assigns, a standard gauge railroad of one or more tracks for the transportation of freight and passengers for hire together with the right, privilege, and permission to pass with and operate locomotives propelled by steam, electricity or other lawful motive power and to run cars thereon and thereover, together with all the necessary mechanical appliances, turnouts, switches and wyes, side tracks, spur tracks and equipment for the same, over, along, upon and across certain roads and highways in the County of Sutter, State of California; and surveyed centerline of said standard gauge railroad, where it crosses said certain roads and highways, is particularly described as follows, to wit:

(1) Commencing at a point on the South boundary line of the County Road running East and West through the Northwest quarter of Sec. 32, T. 14 N., R. 2 E, M.D.M., and parallel to the South Levee of the Tisdale By-Pass; thence in a general Northerly direction, on a 3° curve to the right and crossing the center line of said road at Engineer's Station 1927 plus 20.0 to a point on the North boundary line of said Road.

(2) Commencing at a point on the South boundary line of the County Road, running East and West parallel to the North Levee of the Tisdale By-Pass; thence N. 0° 13′ W. crossing the center line of said Road at Engineer's Station "L" 1940 plus 95.0 to a point on the North boundary line of said Road.

(3) Commencing at a point on the South boundary line of Lots 283, 284, and 285 of Reclamation District No. 1660; thence in a general Northwesterly direction, on a 10° curve to the left crossing the center line of said Road, at Engineer's Station "L" 1967 plus 56.6 to a point on the North boundary line of said road.

(4) Commencing at a point on the South boundary line of the County road running East and West along the North line of Lot 267 of Reclamation District No. 1660; thence No. 34° 35′ W. crossing the center line of said County Road at Engineer Station "L" 1988 plus 76.0 to a point on the North boundary line of said Road.

(5) Commencing at a point on the South boundary line of the County Road running East and West parallel to the North line of Lot 215 of Reclamation District No. 1660; thence N. 1° 31′ W. crossing the center line of said County Road at Engineer's Station "L" 2060 plus 25.0 to a point on the North boundary line of said Road.

(6) Commencing at a point on the South boundary line of the County Road running East and West parallel to the North line of Lot 193 of Reclamation District No, 1660; thence N. 0° 17′ W. crossing the center line of said County Road at Engineer's Station "L" 2094 plus 30.0 to a point on the North boundary line of said Road.

(7) Commencing at a point on the South line of the County Road running East and West parallel to the North line of Lots 170 and 171 of Reclamation District No. 1660; thence N.0° 17′ W. crossing the center line of said County Road at Engineer's Station "L" 2114 plus 00 to a point on the North boundary line of said road.

(8) Commencing at a point on the South line of the County Road running East and West parallel to the North line of Lot 147 of Reclamation District No. 1660; thence N. 0° 17′ W. crossing the center line of said County Road at Engineer's Station "L" 2140 plus 60.0 to a point on the North boundary line of said road.

(9) Commencing at a point on the South boundary line of the County Road running East and West parallel to the North line of Lot 123 of Reclamation District No. 1660; thence N. 0° 17' W. crossing the center line of said County Road at Engineer's Station "L" 2167 plus 20 to a point on the North boundary line of said Road.

(10) Commencing at a point on the South boundary line of the County Road running East and West parallel to the North line of Lot 100 of Reclamation District No. 1660; thence N. 0° 17' W. crossing the center line of said County Road at Engineer's Station "L" 2187 plus 30 to a point on the North boundary line of said Road.

(Ord. 73, Sec. 1; July 20, 1925)

Said Southern Pacific Company, it successors in interest and assign, shall, at its own expense, pave or repave, macadamize, or re-macadamize, grade or regrade, the said roads and highway occupied by its track or tracks between the rails thereof, and between the tracks where two tracks are laid, and for two feet on the outer side of each of both of said tracks, with the same material as may be used for such purposes by the County of Sutter, whenever said County of Sutter shall have done any of the aforesaid, and under the same supervision and specifications and in the same manner as upon the roads and highways on which the said tracks are laid, and shall keep the same constantly in repair and with good crossings.

(Ord. 73, Sec. 2; July 20, 1925)

Said Grantee, its successors and assigns, shall construct necessary flumes and culverts, for the free passage of surface water under the track or tracks of said railroad, where requested, and all such culverts and flumes shall be constructed in accordance with the plans required by the County surveyor of said County of Sutter.

(Ord. 73, Sec. 3; July 20, 1925)

All privileges, permissions and rights required by said Grantee, its successors and assigns, for the construction and maintenance of the aforesaid railroad track or tracks and adjuncts, through private property, upon the proposed line of said railroad, are to be secured by said Grantee, its successors or assigns, from the owner or owners of such private property.

(Ord. 73, Sec. 4; July 20, 1925)

Work to construct the said railroad hereby authorized shall be commenced in good faith within four months from the granting of the said franchise, and shall be prosecuted diligently to completion within one year thereafter.

(Ord. 73, Sec. 5; July 20, 1925)

Said Grantee is required to file in the office of the County Clerk of the County of Sutter, State of California, an Acceptance in writing, of the provisions of this Chapter, and unless said Acceptance be filed within 30 days after the final passage and approval of this Chapter, this Chapter shall become null and void and of no effect.

(Ord. 73, Sec. 6; July 20, 1925)