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Home My WebLink About106-77 RESOLUTION• RESOLUTION NO, /06-T A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMNET WITH ST.LOUIS-SAN FRANCISCO RAILWAY COMPANY FOR THE CONSTRUCTION OF A MOSS TYPE CROSSING FOR AN EXTENSION OF SYCAMORE STREE WEST OF GREGG AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized to execute an agreement with the St. Louis -San Francisco Railway Company for the construction of a moss type crossing for an extension of Sycamore Street West of Gregg Avenue. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED this a6rA day of ( -vl W 1977. ,eta ATTEST: APPROVED: • CITY CLERK MAYOR MICROFILMED DATE OCT 2o� • R-5447 AGREEMENT -rt ric 07 > op CD S This AGREEMENT entered into this 7.rday of `-1 , L`%� . 197 , by and between the St. Louis -San Francisco �� Company, hereinafter called "Party of the rn RMA: W -y c7{ r_ o Cz, C=1 and the 7-17 cc) r? City of Fayetteville, Arkansas, and the Fayetteville Street Im- provement District No. 77-1, hereinafter called "Parties of the Second Part,"; WITNESSED: WHEREAS, the Parties of the Second Part have requested, and the Party of the First Part is willing to grant an easement upon, over and across the St. Louis -San Francisco Railway Company ✓ ight-of-way in Fayetteville, Arkansas, for the purpose of locat- ing a street crossing for an extension of Sycamore Street west o f Gregg Avenue; and WHEREAS, the Party of the First Part, is obligated to construct an asphalt crossing with approaches thereto at no greater elevation or depression than one perpendicular foot for every five feet of horizontal distance, pursuant to Ark. Stat. Ann. 73-614; and WHEREAS, the Parties of the Second Part desire a moss type crossing and are willing to pay the additional expense of such a crossing; and WHEREAS, the parties desire to provide for the construction o f a moss type crossing. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The Party of the First Part shall construct or cause First Part," to be constructed a forty-four (44) foot wide moss type road crossing over the St. Louis -San Francisco Railway Company right- o f-way at grade level and centered within the following described easement: 357 244 MICROFILMED, DATE REEL_,__ • 44. F • • • • • • • • 4 "A permanent utility and street easement being thirty (30) feet of equal and uniform width either side of the center line de- scribed as follows: Beginning at a point on the East right-of-way line of the St. Louis -San Francisco Railway Company at its intersection with the centerline of Sycamore Street as now established, said point being three hundred thirty-two (332) feet, more or less, East of the Southwest corner of the Southwest Quarter (SW/4) of the South- east Quarter (SE/4) of Section Four (4), Township Sixteen (16) North, Range Thirty (30) West, thence West One Hundred Eight (108) feet; more or less, to a point on the West right-of-way line of said St. Louis -San Francisco Railway, containing .15 acres, more or less." 2. The Parties of the Second Part shall provide all necessary grading and drainage for said crossing and the approaches thereto which are within the right-of-way of the Party of the First Part. 3. The Parties of the Second Part, or one of them, shall pay to the Party of the First Part an amount equivalent to the additional cost of the materials for a moss type crossing above that required for the construction of a standard asphalt crossing. The Party of the First Part shall present to the Parties of the Second Part an itemized statement for said additional costs. 4. The Party of the First Part shall cause to be obtained and installed the materials necessary for the construction of such portion of a moss type crossing as lies between the rails and from end of tie to end of tie. The Parties of the Second Part will cause both approaches to said moss type crossing to be paved as desired by said Parties of the Second Part. 5. The Parties of the Second Part agree to require the Contractor to notify the Party of the First Part one week in ad- vance before performing any work on the St. Louis -San Francisco Railway Company right-of-way so that the Party of the First Part may furnish flagging protection such as it deems necessary or de- sirable to assure the safety and continuity of railroad traffic during such work. -2 MEI ®97 245 • t • • 6. All work provided for herein to be done on the right- of-way of the St. Louis -San Francisco Railway Company shall be performed at such times and in such manner as not to interfere unnecessarily with the movement of trains or traffic upon the Party of the First Part trackage. The Parties of the Second Part agree to encourage Contractors performing work on the right-of-way of the St. Louis -San Francisco Railway Company to use all reason- able care and precaution in order to avoid accident, damage or unnecessary delay to or interference with the trains or other pro- perty of the Party of the First Part. Further, the Parties of the Second Part shall encourage all Contractors to cross over said St. Louis -San Francisco Railway Company tracks only at open, exist- ing public crossings. 7. As a further consideration, the Parties of the Second Part agree to require any and all Contractors performing any work on the right-of-way of the St. Louis -San Francisco Railway Company to acquire a Contractor's liability insurance policy, insuring against any and all damages, claims, demands, causes of action, suits, judgments, attorneys' fees, costs and expenses resulting, rising from death of or injury to persons whomsoever, and loss or destruction of or damage to property whatsoever and to whom- soever belonging, resulting from, growing out of or incident to the location and construction of said approaches to said moss type crossing on Sycamore Street or from any causes whatsoever in connection therewith. Said liability policy shall have maximum liability limits for the death of or injury to one person in the amount of $300,000.00, $500,000.00 aggregate limits for one acci- dent, and $100,000.00/$300,000.00 limits for property damage. In addition, said Contractor shall carry motor vehicle liability insurance coverage with the same maximum limits of coverage. The Parties of the Second Part shall furnish the Party of the First Part with evidence of liability insurance coverage for each Contractor involved. tea 057 246 4 fie • • • • • • • • 8. The aforesaid moss type crossing shall be constructed by or at the direction of the Party of the First Part on or before the first day of February, 9. This Agreement binding hereto. 1978. shall inure to the benefit of and be on the respective successors and assigns of the parties IN WITNESS WHEREOF, Agreement to be executed as written. • ,3"1 n, •y •Fn `r • .L • 1 .4 • ,L• •i •Az 1 ..▪ i :� ATTEST: Ant; Secret • Wa&hin goir • . of__ _ duly r_.. Witness • ATTEST: . IA. CUTLER, the parties hereto have caused this of the day and year first above Sewestbrook,juideC ty� k ',TE OF RECORD _ A.. ,+ a -.•y,t^"`rk and -Officio Record or toy icvoi J1 r ti..iceontral3..`r retch OS aat,,,P 1•7 G Circuit Clerk and Ex -Officio orded uy l:7en Clerk ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY, Party of the First Part By Ar R C. Grayson President CITY OF FAYETTEVILLE, ARKANSAS, Party of the Second Part By S—Pit--°'f U, e� Ernest E. Landcaster, Mayor FAYETTEVILLE STREET IMPROVEMENT DISTRICT NO. 77-1, Party of the Second Part By 746N/ n Edmiston, Commissioner Jere Block, Commissioner David Albert, Commissioner gge 957 247 i