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Home My WebLink About151-83 RESOLUTION• • RESOL[T1TON NO. 151-83 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT USE AGREEMENT WITH BURLINGTON NORTHERN RAILROAD COMPANY FOR THE CITY LAKE ROAD STREET IMPROVEMENT PROJECT. BE IT RESOLVED BY THE BDARD OF DIRECTORS OF THE QTY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Joint Use Agreement with Burlington Northern Railroad Company for the City Lake Road street improvement project. A copy of the Joint Use Agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6 day of December APPROVED By. l/) .4 • sA 4,0 �/ 1 • 1p�1; s4:441.1 Y - . ,.. `mow; • t� o itirt efi 1983. Mayor PAYETTEV'ILLE, ARKANSAS CITY ENGINEER'S OFFICE P.O. DRAWERF Burlington Northern R.R. Company 1625 N. Lexington Springfield, Missouri 65802 Attn: Mr. J. W. Isenberg Dear Mr. Isenberg: The Arkansas State Highway City of Fayetteville are in the #156, or, our City Street, City moi (son 521-noo December 12, 1983 and Transportation Department and the process of improving their State Highway Lake Road in the City of Fayetteville. All of the properties on the east side of City Lake Road are, or will be, the properties of the Fayetteville Industrial Development Corporation including the property of the Burlington Northern Spur track to our Industrial Park with an easement to Burlington Northern for the spur. According to the attached plans the new improvement will involve the existing right of way along the street of 40 feet but the plans call for an additional 50 feet bringing the total street right of way to 90 feet. In addition to the street right of way we want an additional 25 foot Utility Easement. We are attaching two "Joint Use Agreements", one for the additional 50 foot street widening and one for the 25 foot Utility right of way, signed on the part of the City by the Mayor and City Clerk. We would greatly appreciate your approval of these "Joint Use Agreements" so we may proceed with our plans. Sincerely yours, Ed N. Connell Right of Way Agent City of Fayetteville ENC/skb enclosures - CITY OF FAYETTEVILLE, ARKANSAS BURLINGTON NORTHERN RAILROAD COMPANY FOR JOINT USE OF RIGHT OF WAY Job 4861 (Utilities) City Lake Road Hwy. 156 (Fayetteville) Route 156, Section 5 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, who are the Grantee's of an Easement from the City of Fayetteville to the St. Louis and San Francisco Railway Company, their successor, herein- after referred to as "Grantee". WITNESSETH: WHEREAS, "City", in the interest of public safety, convenience, and enjoyment, proposes to make certain street improvements at the locations shown on the sketche marked Exhibit "A" 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 "Grantee"; and WHEREAS, "City" desires use of "Grantee's" right of way as shown on said prints for street purposes subject to "Grantee's" property rights, and for the purposes herein described; and WHEREAS, "Grantee" 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 covenani as set forth herein, "City" and "Grantee" agree as follows: 1. "Grantee" hereby grants formal permission and license to the "City" to be upon "Grantee's" said properties for the purposes set•forthherein, and as detailed and to the extent as shown on the prints attached hereto and made a part hereof. 2. That portion of "Grantee's" right of way shown on said prints shall be used by "City" in connection with the construction, operations, maintenance, and existance of City Lake Road. 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 "Grantee's" main track, and'Lross 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 -Air 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 "Grantees" said insurance to be applicable with'respect to all of the work to be performed by said contractor on or in the vicinity of "Grantee's" tracks and Premises. Such insurance must be in form and with a company satif- factory to "Grantee", and shall not be subject to change or canc_ellatiot on less than 15 days' written notice to "Grantee". The "City" or its contractor shall not attempt to perform any of such work until notified by "Grantee" that the Railroad Protective Liability policy required hereunder is in form satisfactory to "Grantee". (c) To give one week's advance notice in writing to "Grantee's" Chief Engineer or his authorized representative before starting any work whatsoever on "Grantee's" right of way. (d) To reimburse "Grantee" for any and all expenses to "Grantee" for flagment and other protective service or devices deemed necessary for "Grantee's" Chief Engineer during the performance of any of the afore- said 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 "Grantee" at "Grantee'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 "Grantee's" cost maintain that part of the crossing. 5. "Grantee" assumes no liability for injury to 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 "Grantee'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 own responsibility and risk, take any necessary action to accomplish same and sahll notify the other party of such action as soon as practicable. 7. Neither the "Grantee" nor the "City" by execution ofthis agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. 8. 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. ATTEST.! o C/.✓J1 i ATTEST: CITY OF FAYETTEVILLE, ARKANSAS �GGGt�� By: TITLE ST. LOUIS AND SAN FRANCISCO RAILROAD COMPANY By: TITLE