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Home My WebLink About28-92 RESOLUTION1 FILED F02 RECORD '92 JUL 1 NI 1 WASHINGTON CO AR A. Y.OLLMEYER RESOLUTION NO. 28-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A "JOINT USE OF RIGHT OF WAY" 4-1.rJE AGREEMENT WITH BURLINGTON NORTHERN RAILROAD AND THE ARKANSAS & MISSOURI RAILROAD IN THE AMOUNT OF $1,000.00 FOR IMPROVEMENTS TO NORTH STREET. Q • BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a "Joint Use of Right of Way" agreement with Burlington Northern Railroad and the Arkansas & Missouri Railroad in the amount of $1,000.00 for improvements to North Street. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of March , 1992. APPROVED: Mayy /1 "'� ` p��//%� By: ATTEST: / By: Imo! 'AS .ad City C1 -'k 92 33327 a N c • • 'CEsotuno"J z8'72- 3 -3-9z CITY OF BURLINGTON ARKANSAS & JOINT • FAYETTEVILLE, ARKANSAS NORTHERN RAILROAD COMPANY MISSOURI RAILROAD COMPANY FOR USE OF RIGHT OF WAY AHTD Job Z-142-2 North Street Improvements Tract Nos. lA & 1B (Fayetteville) THIS AGREEMENT, made and entered into this 3rd day ofMarjL , 19.92_, by and between the CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as "City", the BURLINGTON NORTHERN RAILROAD COMPANY, of Ft. Worth, Texas, and Arkansas & Missouri Railroad Company, of Springdale, Arkansas. 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 and description marked Exhibit "A", pages 1 and 2, 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 Burlington Northern Railroad Company, and Arkansas & Missouri Railroad Company, and WHEREAS, "City" desires use of Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company's right of way as shown on said prints for street purposes subject to Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company property rights, and for the purposes herein described; and WHEREAS, Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company are 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" Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company, agree as follows: 1. Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company hereby grants formal permission and license to the "City," to be upon Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company said properties for the purpose set forth herein, and as detailed and to the extent 92 33328 • as shown on the prints attached hereto and made a part hereof. 2. That portion of Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company's "right of way" shown on said prints shall be used by "City" in connection with the construction, operations, maintenance and existence of East North Street. 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 Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company'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 protection 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 Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company, said insurance to be applicable with respect to all of the work to be performed by said contractor on or in the vicinity of Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company. Such insurance must be in the form and with a company satisfactory to Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company, and shall not be subject to cancellation on less than 15 days' written notice to Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company. The "City" or its contractor shall not attempt to perform any of such work until notified by Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company that the Railroad Protective Liability policy required hereunder is in form satisfactory to Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company. (c) To reimburse Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company for any and all expenses to Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company for flagmen and other protective service or devices deemed necessary by Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company's Chief Engineer during the performance of any of the aforesaid work. 2 92 33329 • • 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 maintenance of the entire drainage system. 5. Burlington Northern Railroad Company and Arkansas -Missouri Railroad Company 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 Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company'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 commencement 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 shall notify the other party of such action as soon as practicable. 7. Neither the Burlington Northern Railroad Company and Arkansas & Missouri Railroad Company, 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. 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. 9. The "City", its successors and assigns, in consideration of the foregoing, shall pay to the Burlington Northern Railroad Company an Administrative Fee of $1000.00 for said formal permit and/or license for proposed right and use of said properties for the purpose set forth herein. 3 92 • • 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: i. • • ATTEST: /7 e %D CITY OF FAYETTEVILLE, ARKANSAS By TittMAYOR BURLINGTON NORTHERN RAILROAD COMPANY By Title: PETTLC 777.E CFprrcL5 € PIP n a/PPL2er ARKANSAS & MISSOURI RAILROAD COMPANY )1 O&D__ r ) By Title: 4 92 33331 24.63' R=3462.75' 589'44' 1/4 Section Line North St. Centerline 8.38' R=3462.75' • New R/W Line 21.10' R=3412.75' Old R/W Line_ 21.01' To SE Corne N01'34'48'E NW/4. Sac. 518.40' N89'4411/ 1 N89'441, New R/W TRACT E? 30 00' 501'09'37'W Old R/W Line. 15.31' R=3412.75' New R/yy Line 92 33332 EXHIBIT A - PAGE 1 JOINT USE AREA Burlington—Northern Railroad Co. Arkansas & Missouri Railroad Co. City of Fayetteville, Arkansas NORTH STREET IMPROVEMENT PROJEC AHTD Job #Z-142-2 ' • • • • • EXHIBIT A - PAGE 2 PROPERTY DATION JOINT USE AREA North Street Improvement Prosect TRACT 1A A part of the SE/4 of the NW/4 of Section 9, T -16-N, R -30-W, and being moreparticularly described as follows, to wit: Beginning at a point N89d44'W 518.40' and N01d34'48"E 21.01' from the SE corner of said 40 -acre tract, said point being at the intersection of the existing East R/W line of the Arkansas & Missouri Railroad and the original North R/W line of North Street, thence Northerly along a 3412 75' radius curve to the right 21.10' (chord bearing & distance = N01d55'30"E 21.10'), thence N85d41'14"W 50.04', thence Southerly along a 3462 75' radius curve to the left 24.63' (chord bearing & distance - S01d54'42"W 24.63'), thence 889444'8 50.01' to the Point of Beginning, containing in total 1143.27 Sq. Pt. TRACT 1B A part of the NE/4 of the SW/4 of Section 9, T -16-N, R -30-W, and being more particularly described as follows, to wit: Beginning at a point N89d44'W 518.40' and S01d09'37"W 30.00' from the NE corner of said 40 -acre tract, said point being at the intersection of the existing East R/W line of the Arkansas & Missouri Railroad and the original South R/W line of North Street, thence N89d44'W 50.44', thence Southerly along a 3462.75' radius curve to the left 8.38' (chord bearing & distance - SOOd49'47"W 8.38'), thence S81d50'199E 50.44', thence Northerly along a 3412.75' radius curve to the right 15.31' (chord bearing & distance - NO0d46'47"E 15.31') to the Point of Beginning, containing in total 592.28 Sq. Ft. 92 33333 •