HomeMy WebLinkAbout147-83 RESOLUTIONRESOLUTION NO. _147_7 83
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A RAILROAD CROSSING AGREEMENT WITH
BURLINGTON NORTHERN RAILROAD COMPANY FOR THE
CONSTRUCTION OF A 12" SEWER LINE TO SERVE THE
FAYETTEVILLE INDUSTRIAL PARK.
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 a crossing agreement with Burlington
Northern Railroad Company to enable the construction of a
12" sewer line to serve the Fayetteville Industrial Park. A
copy of the crossing agreement authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a
part hereof
PASSED AND APPROVED this
1983.
6th day of December
APPROVED:
f42.Sel;
MAYOR
•
r
ale
Pipeline
No, 245,594
THIS AGREEMENT, made this 1st day of November , 1983 , between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.) a Delaware corporation, hereinafter called "Railroad," and CITY OF FAYETTEVILLE,
whose post office address is
WITNESSETH:
P. O. Drawer F, Fayetteville, Arkansas 72702,
hereinafter called "Permittee."
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 12 -inch sewer pipeline,
•
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Fayette Junction Station, in the County of
Washington , State of Arkansas , to be located as follows, to -wit:
crossing at survey station 137 + 13 - near milepost 354.48
a shown colored red
_Exhibit"A",dated . ..October ..11, 1983,
on the plat hereto attached, marked
and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
,
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Doll ars ($300.00)
for the first ten (10) year period and One Hundred Fifty Dollars ($150.00) for each
ten (10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittees sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated September 29, 1983,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in 'the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shall have
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the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or'change of
location of said facility as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
• 3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee, or for the protection
of its property and operations, does any work, furnishes any material or flagging service, or incurs any expense whatsoever
on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the
facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the
facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other
railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system. •
6: Permittee shall. and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and
- - —hereby assumes any and all liability _for injury to or death of anyandall potions whomsoever, including officers, employees
andagents of the parties hereto, or loss of or damage to property to whomsoever belonging,:including-property_owned by,
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leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss, damage or destruction
'aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action. The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence. •-
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this licenseInd permission
by.giving. toPermitfee thirty (30) days' notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition, and Permittee shall pay the cost and expense thereof to Railroad.
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10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (101 days notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittees post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
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Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the
benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
Presence of:
Lac_I AANA-, 24‘07(
BURLINGTON NORTHERN RAILROAD COMPANY •-
- BURLINGTON NORTHERN INC.
By \ A L i VQ/1.,C]
General Manager — Leases
CITY OF YETTEVILLE
I, t By a
FORM 60025 1-76
Attest
•
BURLINGTON NORTHERN RAILROAD
INDUSTRIAL DEVELOPMENT AND
PROPERTY MANAGEMENT DEPARTMENT
April 25, 1984
City. of Fayetteville
P. 0. Drawer "F"
Fayetteville, AR 72702
Room 1018
176 East Fifth Street
St. Paul, Minnesota 55101
Telephone (612) 298-2121
Gentlemen:
RE: Permit 245,594 - 12 -inch sewer pipeline - Fayette Junction, AR
Attached is copy of completed agreement for your file.
Sincerely,
G. H. Kipka
Lease Representative
Attachment
cghk425.1
nECEIVED
MAY 0 21984
CITY OF FAYETTEVILLE
IPAYETTEVILLE, ARKANSAS
OFFICE OF CITY CLERK
P. 0. DRAWER F 72701 (5011 521-7700
April .16,.1984
G. H. Kipka
Lease Representative
Industrial Development and
Property Management Department
BURLINGTON NORTHERN RAILROAD
Room 1018
176 E. Fifth Street
St. Paul, Minnesota 55101
RE: Permit 245,594; 12 inch Sewer Pipeline Crossing
Fayetteville, Arkansas
Dear Mr. Kipka:
We are in receipt of the agreement retyped in its original form, regarding
the above.
Both copies have been signed by the Mayor
of witnesses and are enclosed herein.
After signatures have
Railroad; please return
Thank you.
Sincerely,
and City Clerk in the presence
been executed on behalf of Burlington Northern
one copy of the lease for our files.
Suzanne C. Kennedy
City Clerk
cc: City Manager Don Grimes
City Attorney Jim McCord
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•
•
THIS AGREEMENT, made this 1St day of
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.) a Delaware corporation, hereinafter called
Pipeline
No. 245,594
November
, 1983 , between
"Railroad,"and CITY OF FAYETTEVILLE,
whose post office address is P. 0. , Drawer F, Fayetteville, Arkansas
WITNESSETH:
Railroad, for and .in.consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate
72702,
hereinafter called "Permittee."
a 12 -inch sewer pipeline,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface.thereof,
and under the tracks of its railroad, as the case may be, at or near Fayette Junction Station, in the County of
Washington , State of Arkansas to be Iocated as foliows, to -wit:
crossing at survey station 137 + 13 near milepost 354.48
a shown , ,colored red
Exhibit "A", dated October 11, 1983,
on the plat hereto attached, marked
and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Dol 1 ars ( $300.00)
for the first ten (10) year period and One Hundred Fifty Dollars ($150.00) for each
ten (10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee,_at Permittees sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated September 29, 1983,
heretofore approved by the Railroad's Regional Manager Engineering. - - -
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shall have
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•
•
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittees post office address above stated or as otherwise directed by Permittee.
' 12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the
benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
FORM 60025 1-76
BURLINGTON NORTHERN RAILROAD COMPANY
BURLINGTON NORTHERN INC.
By
General Manager — Leases
CITY OF FAYETTEVILLE
Mayor
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Attest
jerk
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BURLINGTONNORTHERN RAILROAD.
INDUSTRIAL DEVELOPMENT AND..
PROPERTY MANAGEMENT DEPARTMENT
March 22,1984
Ms. Suzanne C. Kennedy
City Clerk
City of Fayetteville
P. 0. Drawer (F)- `
Fayetteville, AR 72701
Dear Ms. Kennedy:
Room 1018
176 East Fifth Street
St. Paul, Minnesota 55101
Telephone (612) 298-2121
RE: Permit 245,594 - 12 -inch sewer pipeline crossing - Fayetteville, AR
This will confirm our telephone conversation having reference to your
letters of December 22, 1983 and March 7, 1984 concerning the
above-mentioned agreement.
The agreement prepared by your office incorporating various revisions,
and forwarded to this office for execution, is not acceptable;
therefore, we have retyped our agreement in its original form.
Both copies of the attached agreement should be signed in the presence
of witnesses and returned for signature on behalf of Burlington
Northern. One copy will be returned for your record.
We will continue to hold your check No. 202,401 dated November+9,4 983
in the amount of $300.00, which covers the rental for the first ten-year
period.
Sincerely,
G. H. p a
Lease epresentative
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IMEMI
•
Director Orton asked to amend the motion to include that the
Board receive the APC budget each year. Directors Osborne and
Johnson agreed to the amended motion: Upon roll call, the motion
passed unanimously.
INCINERATOR LEASE
Mayor Noland introduced a resolution authorizing the execution
of a 27 -year incinerator site lease agreement between the City and
the Northwest Arkansas Resource Recovery Authority for two tracts,
totaling 7.91 acres, at $5,000 per year.
Director Osborne, seconded by Director Johnson, made a motion to
pass the resolution. Upon roll call, the motion passed unanimously.
City Manager Grimes pointed out this resolution was introduced
at a November meeting and was approved for 25 years. Grimes explained
that, at that time, the lease was drawn up for 20 years with a five
year option to extend and now, because the anticipated life of the
structure is 25 years, with two years construction time, the lease
must be drawn up for 27 years.
RESOLUTION'NO. 146-83 APPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
XASEMENT/BURL'.INGTONFNORTHERN'RAILROADt
Mayor Noland introduced further consideration ofan agreement
with Burlington Northern Railroad for an easement to allow the
crossing of their tracks with a 12" sewer line to serve the Andrew
Corporation. This item was tabled at. the November 15 meeting until
it could be determined whether the Burlington Northern Railroad
actually owned the land.
City Manager Grimes stated the Railroad does own the land.
Grimes explained the attorney wishes to make some changes to the
agreement. In regards to #1, page 1, "Railroad reserves the right
to change the said charge at any time . .", Mr. Grimes stated
the railroad representatives told him and Director Bumpass they
had not seen a price change in many years; that the City Attorney
suggests adding a section which will indicate if they should choose
to increase the charge, the City reserves the right to condemn the
easement. Under. #9, "...Railroad may at any time cancel...", Grimes
stated the Railroad agrees to strike this section.
Director Johnson, seconded by Director Bumpass, made a motion to
approve the agreement with Burlington Northern Railroad. Upon roll
call, the motion passed unanimously.
RESOLUTION NO. 147-83 APPEARS ON PAGE OF ORDINANCE AND
RESOLUTION BOOK
239.1
239.3
239.4
239.5
239.6
•
239.7
rfut nuuAiea DI- IL at -40_4d_
✓ (,1'/1-4( Gf -`#t
•Y.
r
Pipeline
No. 245,594
THIS AGREEMENT, made this 1st day of November , 1983 , between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.) a Delaware corporation, hereinafter called "Railroad," and CITY OF FAYETTEV ILLE,
whose post office address is P. 0. Drawer F, Fayetteville, Arkansas 72702,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 12 -inch sewer pi pe 1 i ne,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near
Washington
,State of Arkansas
Fayette Junction
crossing at'survey station 137 + 13 - near milepost 354.48
Station, in the County of
, to be located as follows, to -wit:
sshown colored red
Exhibit "A", dated October 11, 1983,
on the plat hereto attached, marked
and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Dollars ($300.00)
for the first ten (10) year period and One Hundred Fifty Dollars ($150.00) for each
ten (10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad-reserves-the-right-tu Lharryr: tl"e-said
charge -an any tithe w ai�-4hisernat rema+ns-in-effect-up-on tttrttrjdu ap5krwritten'notfc Phis provision fur paymet"r shall+
in•no•way-restr+c-t-Raikoad=sv+gh•t-of-termination-tmder-Parayr aph-9-hereof - - - -
• 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated September 29, 1983,
heretofore approved by the Railroad's Regional Manager Engineering. - - -
•
Permittee shall fill in the lexcavation, and restore the surface of the ground to its previous condition subject to the
• approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shallhave
r
the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade
thereof, construction of a building, or for any other reason whethe ot'- et connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
`' facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad. •
•
4. In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee, or for the protection
of its property and operations, does any work, furnishes any material or flagging service, or incurs any expense whatsoever
on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the
facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. .I1 the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the
facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other
railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees'to'indemnify,and.save harmless Railroad from and against any damages, claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals, telephone or_telegraph-lines of Railroad by the operation,
use or existence. of any such grounding system. "`
6. Permittee shat and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility„and any other/property of Pern4ee located on or neateRailroad's premisd and shall and
hereby assumes any and all iability for injury to or death f any and all personswhomsoever, including officers, empllooys
and agents of the parj hereto, o> josss of or damage to property to whomsoever belonging, including property�ow6d by,
leased d or in the -are, custody and control of thg arties hereto, in any m5nner arising from of during the constfuction, any
constructionrGse, maintenafice, repair or removal of said facility,�however such injury/8eath, loss, da�mma�or destruction
aforesaid ay occur or (Caused; and shall and hereby does ind€mnify and save �har tiiless Railroad of/gild from any and all,
claiims, demands, suits, actions, damages, recoveries, judgments, costs or expense arising or growl gg out of or in connecfionnn
yvith any such,injury, death, loss/damage or destructionwaforesaid. Permitteefiurther agrees to, ap ear and defend n'fhe name
of Railroad any suits or accttidns at law brought a ainst it on account' any such �per� al injuries, death /or damage to
prop�er -y and to pay an Satisfy any final juddgrfient that may be rendered against thhe,Railroad in any such suit or action. Theme
liability assumed by/Permittee herein shall not be affected or iminished by fact, if it be a foot, that any sucI sw/t or
tion brought a ainst Railroad may�ise out of negligen a of Railroad/its officers, agentsrrvants or.employees, or be
contributed dy such negligen
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
. 8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It i ,expressly u erstood and agreed that Railroad may at any ti e -cancel and terminate this license and permission
by giving to Permittee days' notice in ting of its intention to cancel th.e,s me'and at the ex iration of sue))
notice this licgnse and ermission shall terminate. Upon receipt -of such notice and efore the expiration thereof, Peerrnriftee,
undere the supervision direction of'e said Superintteendent, or his authori ed representative, hall remove Sffe facility
fwl the rig way of Railroaded restore the right /way and premises of Railroad in a n1 ner and to such condition a as/
shall be tisfactory to the said Superintendent of is (eeroad. If Permittshall fail to remove the facilit idnd restore the -said
right of way to such coo9drtion within said thir y (30) day period. ailroad at its o-ption may remove same and store the
is
said right of way to) previous condition, d Permittee shat ay the cost and�kpense thereof Railroad.
41
-s
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office•addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon•which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the
benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written. -
In Presence of:
FORM 60025 1-76
BURLINGTON NORTHERN RAILROAD COMPANY.
DJfLINCTON NOf1TIIEf N INC.
• By
General Manager — Leases
CITY OF FAYETTEVILLE
By 6??,....e./0/
Attest
City Clerk
0
6-
•
- 50' 50' .
•
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Spur Track
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#:50 2l x/70 C. M.R a-
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ki ao`�
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eaS ` C' Earthen Barrier 01
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n o _ I� __ Sec. P7
_. 1.370.5.5 AS 1 SS.. Lem !�'� Sec. 2G
11
1 .e-Er7a End R.R
Ownership
Tr'7TT T
�
rAYETTEV'ILLE, ARKANSAS
P. 0. DRAWER F
December 22, 1983
OFFICE OF CITY CLERK
72701
G. H. Kipka
Lease Representative
Burlington Northern Railroad
Industrial Development and Property
Management Department
Room 1018
176 East Fifth Street
St. Paul, Minnesota 55101
Re: Permit 245,594 - 12 -inch sewer pipeline -
Fayette Junction, Arkansas
Gentlemen:
1501] 521.7700
Enclosed are three copies of the above mentioned agreement, incorporating
the revisions, for signatures on behalf of Burlington Northern. Please
return two copies to this office for our records.
Also enclosed is a check payable to Burlington Northern Inc: for
the rental specified in the agreement.
Sincerely,
Suzanne C. Kennedy
City Clerk
encs
41,1110
44111110
BURLINGTON NORTHERN RAILROAD
INDUSTRIAL DEVELOPMENT AND
PROPERTY MANAGEMENT DEPARTMENT
October 26, 1983
City of Fayetteville
P. 0. Drawer F
Fayetteville, AR 72702
Gentlemen:
Room 1018
176 East Fifth Street
St. Paul, Minnesota 55101
Telephone (612) 298-2121
RE: Permit 245,594 - 12 -inch sewer pipeline - Fayette Junction,
Arkansas
Enclosed, in duplicate, is the above-mentioned agreement.
BOTH copies should be signed in the presence of witnesses and returned
for signature on behalf of Burlington Northern. One copy will be
returned for your record.
Please send a check payable to Burlington Northern Railroad Company for
the rental specified in the agreement.
Sincerely,
Lease Representative
Attachs.
dghk1026.3
•
at/
Pipeline
No. 245,594
THIS AGREEMENT, made this 1stday of November , 1983 , between
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INC.` a Delaware corporation, hereinafter called "Railroad," and CITY OF FAYETTEVILLE,
whose post office address is P. 0. Drawer F, Fayetteville, Arkansas 72702,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 12 -inch sewer pipeline,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof,
and under the tracks of its railroad, as the case may be, at or near Fayette Junction Station, in the County of
Washington . - , State of .Arkansas . 1 to be Iocated as foliows, to -wit;
4
crossing at survey station 137 + 13 - near milepost.354.48
1 f
sshown colored red
October 11, 1983,
Exhibit "A", dated
on the plat hereto attached, marked
and by this reference thereto made a part hereof.
•
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Dollars ($300.00)
for the first ten (10) year period and One Hundred Fifty Dollars ($150.00) for each
ten (10) years thereafter;
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at 'any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the same in accordance with the specifications provided in application dated September 29, 1983,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shall have