Resolution No. 1580 RESOLUTION NO. 1580
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT WITH SCENIC RAILWAYS, INC.
BE IT RESOLVED by the Board of Directors of the SOUTH TAHOE PUBLIC
UTILITY DISTRICT, County of El Dorado, State of California, as follows:
1. That in the judgment of the Board of Directors of SOUTH TAHOE
PUBLIC UTILITY DISTRICT it is in the best interest of the District to lease an
easement to Scenic Railways, Inc. described in and under the terms and
conditions in that certain Easement Agreement, a copy of which is attached
*100. hereto and made a part hereof, and marked Exhibit A.
2. The President of the Board of Directors of the SOUTH TAHOE
PUBLIC UTILITY DISTRICT is hereby authorized to execute said Easement
Agreement on behalf of the District and the Clerk is authorized to attest his
signature and to affix the seal of the District thereto.
* * * * * * * * * * * * * * * * * * * * * * * **
PASSED AND ADOPTED at an adjourned regular meeting of the Board of
Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT on the 6th day of July,
1971, by the following vote:
AYES: Directors Fesler, Hegarty, Wakeman, and Ream
NOES: None
ABSENT: Director Kortes
Robert W. Fesler, President of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
David W. Callahan, Clerk and Ex- officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
irhire
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT dated this 6th day of July
1971, by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT, a
political subdivision of the State of CPlifornia, hereinafter called
"District ", and SCENIC RAILWAYS, INC., hereinafter called "RAILROAD ".
WITNESSETH:
District hereby grants an easement for construction and operation
of a narrow gauge, steam powered excursion railway, together with the
right of ingress and egress therefor, across its property at Water Reclama-
tion Plant, as shown in Exhibit "A" attached hereto and incorporated herein
as if herein fully set forth, to RAILROAD upon the following terms and
conditions:
1. RAILROAD agrees to pay to the District two - hundred dollars
prior to the start of construction but not later than 90 days after the date
above and thereafter one - hundred dollars, annually.
2. RAILROAD agrees the center line of the track shall be at least
30 feet from the boundary line of adjacent properties, excepting those from
which the tracks enter and leave the easement.
3. RAILROAD agrees earth moving in the easement shall be limited
to that necessary for preparing a track bed rising at a rate of not more than
two percent from Johnson Road, ditching, and landscaping required below.
4. RAILROAD agrees the railway tracks and trains shall be
screened from adjacent properties with an elevated fence and planting as
shown in Exhibit "B" attached hereto and incorporated herein as if herein
fully set forth.
5. RAILROAD agrees train speeds shall be no more than (10) miles
per hour on the easement.
6. RAILROAD agrees locomotives, while operating on the easement,
shall lie fueled with clean burning, distilled oil and operated so as to obtain
complete combustion.
7. RAILROAD agrees to hold harmless and indemnify District, its
agents, officers and employees, from liability which arise out of its acts or
railway at said easement.
8. RAILROAD agrees as a material part of the consideration, to
take out and keep in force, public liability insurance to protect against any
liability to the public incident to the use of or resulting from any accident
occuring in or about the easement, the liability under such insurance to be
not less than $500,000.00 for any one person injured, or $1,000,000.00 for
any one accident, or $500,000.00_ for property damage. These policies shall
insure the contingent liability of District and shall expressly provide thereon
that they shall not be canceled by the insurer until ten (10) days after written
notice of the intended cancellation thereof shall first been given to the District
by such insurer. Certificate of Insurance shall be filed with the District.
9. RAILROAD agrees that the easement and right of use shall cease
and that it shall remove all track and materials from the easement; if any sub-
stantial portion of the railway be dismamtled and removed from the vicinity of
South Lake Tahoe, its failure to pay the annual fee; or its failure to take out
and keep in force the insurance required in paragraph 8 above .
ATTESTED SOUTH "AHOE PUBLIC UTILITY DISTRJGT
By /_s/ David W. Callahan ( !;
David W. Callahan Robert W. Fesler, President of the
Clerk and Ex- Officio Board of Directors
Secretary of the Board
SCENIC RAILWAYS, INC.
:01,„,
By
CERTIFICATE OF RESOLUTION
STATE OF CALIFORNIA )
SS
COUNTY OF EL DORADO )
I, DAVID W. CALLAHAN, Clerk of the SOUTH TAHOE PUBLIC UTILITY
DISTRICT, County of El Dorado, State of California, and ex- officio Secretary
of the Board of Directors thereof, do hereby certify that the attached RESOLUTION
No. 1580, is a true, full and correct copy thereof, and that said RESOLUTION
was duly adopted by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY
*ow DISTRICT at a duly held adjourned regular meeting on the 6th day of July, 1971, and
that the original of said RESOLUTION is on file in the office of said SOUTH TAHOE
PUBLIC UTILITY DISTRICT. Said RESOLUTION was passed and adopted by the
following vote of the members of the Board of Directors thereof:
AYES: Directors Fesler, Wakeman, Ream, and Hegarty
NOES: None
ABSENT: Director Kortes
David W. Callahan, Clerk and Ex- officio
Secretary of the Board
SOUTH TAHOE PUBLIC UTILITY DISTRICT
*War
(SEAL)