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HomeMy WebLinkAbout119-82 RESOLUTION• RESOLUTION NO. // 9-8a: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT. USE AGREEMENT WITH BURLINGTON NORTHERN RAILROAD TO ENABLE THE CONSTRUCTION OF A RAILROAD CROSSING IN CONNECTION WITH THE EXTENSION OF RAZORBACK ROAD FROM ARKANSAS HIGHWAY 62 NEST TO WEST FIFTEENTH"STREET. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute with Burlington Northern Railroad the joint use agreement attached hereto, marked Eathibit "A" and made a part hereof. PASSED AND APPROVED this .S -h4 day of DGS B5rG , 1982. 1Z" ATTES Z.1 OS °401 .9 CityhClerk APPROVED: By :(];Lik? isit4/ Mayor • CITY OF FAYETTEVILLE, ARKANSAS BURLINGTON NORTHERN RAILROAD COMPANY FOR JOINT USE OF RIGHT OF WAY Job 4864 (Utilities) ARK M-5087(2) Razorback Road `Hwy. 16.- Hwy. 62-B (Fayetteville) Route 16 Section 3 Washington County • • • THIS AGREEMENT, made and entered into this _ day of 19 _, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as "City" and the BURLINGTON NORTHERN RAILROAD COMPANY, of Springfield, Missouri, hereinafter referred to as "Owner". 3 WITNESSETH: WHEREAS, "City", in the interest of public safety, convenience, and enjoyment, proposes to make certain street improvements at the locations shown on the sketches marked Exhibit "A" and Exhibit "B" attached and made a part hereof, hereinafter referred to as "prints", and under the job designation as shown above, and as part of the necessary work of such street improvements must perform work upon lands of "Owner"; and WHEREAS, "City" desires use of "Owner's" right of way as shown on said prints for street purposes subject to "Owner's" property rights, and for the purposes herein described; and WHEREAS, "Owner" is willing to grant "City" a license to enter upon its property at the locations shown on said prints for the purposes set forth herein and upon the following terms and conditions. NOW, THEREFORE, for and in consideration of the mutual benefits and covenants as set forth herein, "City" and "Owner" agree as follows" 1. "Owner" hereby grants formal permission and license to the "City" to be upon "Owner's" said properties for the purposes set forth herein, and as detailed and to the extent as shown on the prints attached hereto and made a part hereof. 2. That portion of "Owner's" right of way shown on said printz shall be used by "City" in connection with the construction, oper ions, maintenance, and existance of Razorback Road. , • h a a 3. "City" shall direct any contractor employed by it in performance of any of the work described in this -!agreement. (a) Keep stored material and equipment at least ten feet from the nearest rail of "Owner's" main track, and cross over said track only at open, existing.public crossings. (b) Before starting any work on Premises, procure and keep in effect during the period of such work Railroad Protective Liability Insurance in the form and amounts as set forth by Federal Highway Administration, Federal -Aid Highway Program Manual,.Volume 6, Chapter 6, Section 2, Sub -Section 2, dated October 25, 1974, Railroad Highway Insurance Protection required by contractors as amended and supplemented, on behalf of the "Owner" said insurance to be applicable with respect to all of the work to be performed by said contractor on or, in the vicinity of "Owner's" tracks and Premises. Such insurance must be in form and with a company satis- factory to "Owner", and shall not be subject to change or cancellation on less than 15 days' written notice to "Owner". The "City" or its contractor shall not attempt to perform any of such work until notified by "Owner" that the Railroad Protective Liability policy required hereunder is in forth satisfactory to "Owner". (c) To give one week's advance notice in writing to "Owner's Chief Engineer or his authorized representative before starting any work whatsoever on "Owner's" right of way. (d) To reimburse "Owner" for any and all expenses to "Owner" for flagmen and other protective service or devices deemed necessary by "Owner's" Chief Engineer during the performance of any of the aforesaid work. 4. The "City", its successors and assigns, shall perform the work and bear all expense incident to establishing and maintaining the proposed public street over said tracks and Premises, including all expense of street grading, paving, extending drainage structures, and the subsequent main- tenance of the entire drainage system, except that "Owner" at "Owner's" cost, shall install the timber crossings from end of tie to end of tie to the width of the roadway crown, and shall, thereafter, at "Owner's" cost maintain that part of the crossing. 5. "Owner" assumes no liability for injury t� or death of persons, or loss of or damage to property, arising or growing out of, or which may be due in any manner to or in connection with, the aforesaid work to be performed by "City" or its contractor on or about Premises or in the vicinity of "Owner's" tracks. 6. In the event that current or future construction, reconstruction, expansion( relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned or operated by either party hereto in the area covered by this agreement interferes with the operation or existence of the facilities of either party, the parties shall mutually determine in writing as to location, schedule, extent, and method of such work prior to the commence- ment of said work. In the'event of a situation where immediate action is necessary for the protection of the public welfare or to minimize damage to, or loss of investment in property, either party may, at its • • -3- own responsibility and risk, take" any necessary action to accomplish same and shall notify the other party of such action as soon as practicable 7. Neither the "Owner" nor the "City" by execution of this agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. • S. The provisions of this agreement shall remain in full force and effect and be binding upon each party, their successors and assigns, so long as the property interest described herein shall be used and occupied by both parties or their successors and assigns. IN WITNESS WHEREOF, The parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the day and year first above written. TEST em. � Agekz ATTEST: • CITY OF FAYETTEVILLE, ARKANSAS- By Title: BURLINGTON NORTHERN RAILROAD COMPANY By Title: