HomeMy WebLinkAbout41-83 RESOLUTIONV
RESOLUTION NO:VF83
f
4
A RESOLUTION*AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A JOINT(USE AGREEMENT WITH BURLINGTON
NORTHERN RAILROAD FOR THE FOUR-LANING OF GREGG
AVENUE.
BE IT RESOLVED BY*THEjBOARD OF ,DIRECT6RS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and ity Clerk are hereby authorized
and directed to execute a joint use agreement with Burlington
Northern Railroad for the four-laning of Gregg Avenue. A
copy of the joint use agreement authorized hereby is attached
hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this0.2-20)day of "k9-2/{) , 1983.
40' t.hrE4a.."
;')• . • \
f
• •
e.- -1-:•‘:••det •
.*1
\\IATT,NT
%.t••••,,
By atkLeb f--14
City Clerk
APPROVED:
By:
Mayor
•
,r)
CITY OF FAYETTEVILLE, ARKANSAS
BURLINGTON NORTHERN RAILROAD COMPANY
AGREEMENT
FOR 'JOINT USE OF RIGHT OF WAY
Job Z-142-1
Ark: M-5088(2)
Gregg Avenue Improvements
Fayetteville, Washington County,
Arkansas
THIS AGREEMENT, made and entered into, this c,7c40day of 177/94/64
-19 3, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter refer ed
to as "City" and the BURLINGTON NORTHERN RAILROAD COMPANY, of Springfield,
Missouri, hereinafter referred to as "Owner",
WITNESSETH:
WHEREAS, "City", in the interest of public safety, convenience, and enjoy-
.
ment, 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 performwork
upon lands of "Owner"; and
WHEREAS., "City" desires use of "Owner's" right of way as shown on said prints
for street Purposes subjeOt to "Owner's" property rights, and for the Purposes
as herein described; and
WHEREAS, "0.4ner" is willing to grant "City" a'license to enter upon its
property at the location shown on said prints for the purposes set forth herein,
.iand 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 a license to "City" to occupy and use "Owner's"
right of way for the purposes set forth herein, and to the extent as shown on said
prints.
2. - That pOrtion of "Owner's" right of way shown on saidprintsshall be used
by "City" in connection with the construction, operation, maintenance, andexistance
of.Highway 16.
3. "City" shall direct any contractor employed. by it in performance of any
of the Work described in this agreement:
(a) :ee.o stored material and equipment at least ten feet from the
nearest rail of "Owner's" main track, and cress over said tract,
and cross over said track only at open, existing public crossings.
(h) Before starting any work on.Premises, procure and keep in effect
during the period of such work Railroad.Protective Liability
insuranca in the form and amounts set forth by Federal Highway
Admi“istration, ederal-Aid Highway Program Manual, Volnme 6,
0!
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 satisfactory to "Owner", and shall not be
subject to change or cancellation on less than 15 dayswritten
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 form 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 highway
over said tracks and Premises, including all expense ofthe highway grading,
paving, extending drainage structures, and the subsequent maintenance of the entirE
drainage system,' except that "Owner", at "Owner's" cost, shall install the timber
crossings to the width of the highway crown, and shall, thereafter, at "Owner's"
cost, Maintain that part of the crossings between and on either side of the rails
to the end of crossties to the extent of the width of the crown of the highway
embankment.
5; "City", in consideration of the grant herein contained, hereby assumes
all responsibility and liability for, and expressly covenants and agrees to. pro-
tect, idemnify, and save harmless "Owner" from and against any and all loss, post,
damage or expense in consequence of death of or injury to persons whomsoever,
and Ioss or destruction of or damage to property whatsoever, in any manner caused
by, resulting from, or incident to, the work to be performed by "City" or its
contractor on or about the track and right of way of "Owner", or resulting from
or growing out of, any failure of "City" to comply with or perform any of the
obligations, terms, and conditions of this agreement regardless.of the negligence
of "Owner", its agents, servants, or employees.
6. In the event that current or future construction, reconstruction, ex-
pansion, 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
schedule, extent,
In the event that
extent, or method
habilitation,
parties shall mutually determine
and method of such work prior to
"Owner" and "City" are unable to
of construction, reconstruction,
zetzerment
in writing as to location,
the commencement of said work.
agree as to location, schedule,
expansion, relocation, re-
maintenancee.or other work on the facilities of either
covered by chis agreement, then "Owner" shall rake
the the event of a situatiGn
"City" or "Owner" in the area
a final an :1 absolute determiAa„Ion as same. In
where immediate action is necessary for the orotection of
to minimize damage ,,, or loss of investment in,
its own responsibility and
risk
property,
ake any necessary action
the Public welfare or
either party may, at
to accomplish same
s
shall notify the other party of such action as soon as practicable.
7. In consideration of "Owner's" grant of a license to "City" for use and
occupation of "Owner's" property, "City" agrees to bay "Owner" the sum of One
Dollar ($1.00).
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 partieeer
their successors and assigns. .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed in duplicate by their duly authorized renresentatives the day and veer
first above written.
CITY OF FAYETTEVILLE,
ARKANSAS
ATTEST: By
At/
ATTEST:
BURLINGTON NORTHERN RAILROAD COMPANY
By
Title:
Min BURLINGTON NORTHERN RAILROAD
SPRINGFIELD DIVISION
September 16. 19815
Pile: RIGHT OF WAY: General No
Nr. Ed Connell
Right of Way Agent
City Engineer's Office
City of Fayetteville
P. O. Drawer "F"
Fayetteville Arkansas 72701
Dear Lir. Connell:
•
1625N. Lexington
Springfield, Missouri 65802
Telephone (417) 864-2121
'Attached are two of our standard right of entry forms. These forms
are Pre -signed for your convenience. When you cc someone in authority
sign them on the line with an "X", date and have witnessed, the document
will be in effect at that time.
One thing I need to caution you about is not getting your equipment
or building material any closer to the center line of our main track
than 20 ft. even if you must erect a temporary barrier to enforce
this rule.
You or your agent will need to notify our Roadmaster, Mr. D. C. Cheek_
at (501) 751-5844 twenty-four hours before starting on this project.
10 you cannot reach him, call our agent at Springdale and he, in turn, '
will contact Cr.iCheek. Our agent's telephone number is (501) 751-5763.
Youneed to return the original cony to us and keep the second
copy for your records and authority.
Very truly yours,
w
J. W. Isenberg
Division Superintendent
CLS/pgt
Attachment
cc: Mr. D. C. Cheek
rc.
TEMPORARY AGREEMENT COVERING ADVANCE
RIGHT OF ENTRY AND OCCUPANCY OF
BURLINGTON NORTHERN RAILROAD COMPANY PROPERTY
BURLINGTON NORTHERN RAILROAD COMPANY (hereinafter called "Railroad"),
City of Fayetteville, Arkansas c/o Mr. Ed Connell
hereby grants permission to
Right of Way Agent
hereinafter called "Permittee", to enter upon its property for the purpose of tenroorary easement
for equipment parking and dirt waste storage, to be no closer to the center line
of EN tracks than 20 ft. for Gregg Avenue Construction
at
Fayetteville Arkansas at HP 352.110
In consideration of permission given the Permittee by Railroad as outlined above pending
issuance of a formal lease, permit or license the Permittee hereby agrees to indemnify and hold
harmless Railroad from and against and defend Railroad from and against any and all claims, loss,
costs, suits or damages arising out of injuries to or death of any and all persons whomsoever,
including, but not limited to, the parties hereto, their agents and employees, or damage to.
property to whomsoever belonging, including property owned by or in the care, custody and
control of either Permittee or of Railroad, in any manner connected with or resulting from,
either directly or indirectly, the occupancy and use of Railroad's said property by the Permittee,
its employees, agents, contractors or subcontractors and their employees, regardless of whether
or not such injury, death or property damage may have been caused or contributed to by the
negligence of the Railroad, its agents or employees.
This agreement shall be and remain in full force and effect until such time as a formal lease,
permit or license is entered into by and between the parties hereto covering occupancy of the
property of Railroad hereby permitted.
The Permittee agrees to execute such formal lease, permit or license promptly upon its being
presented to it by Railroad; however, execution thereof shall not operate to absolve the
Permittee of any liability assumed and incurred by it hereunder.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate this
21st day of September 19 83
Witnesses:
`7")
BURUNGTONNORTHERNRAILROADCOMPANY
By
Division Superintendent
CITY OF FAYETTEVILLE
.e•4,12-01C7;Z(-W‘W)
Permittee
City Manager