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Ohio Street Crossing Agreement "~ F _~__ '., i' ,~--,---'- ,.. _.":.....::JM..:.~~"MiWid>4'.-)(;'.~~-~r.;;.....lo!"'~ ,-~. f;, @ U, !', R. It l.O. ;~ ~ Agrek;ment " ' ~ , ..! ~ 14917~,_ ,t Il\umt No. _aa___-- :~ ' ~-~'l.WtI\.~,~~I'!,..:::>m:,~;fC'r;;<\~."....- AGR~EM. , T, ex'ecuted in duplicate th:~"'""~ daY~f , 19 , by and; between MISSOURI PACIFIC RAILROAD COMPANY, a corporation (h reinafter the "Railroad"), and CITY OF SALINA, a mum,c~- of the State bf Kansas" (hereinafter the "Political Body"), Ii I' MPOHIO.PX -, RECITALS: i: II t . The Political Bod~ has requested the Rallroad to improve the existing Ohio Avenue drossing, at grade, along, over and across the Railroad's, Main Line tracks and right of, way, at Mile Post :1 ,),. 494.12 DOT No.' 429 OB4J in Salina, Saline County, Kansas to which the Railroad is Ii agreeable; but solely upon the terms and conditions hereinafterIset forth. ~i 'I AGREEMENT: jli NOW THEREFORE, in corlsideration of the premises and of the promises and conditions hereinafter set fhrth, the parties hereto agree as follows: II ii , I. The Political Body, at its sole cost, shall furnish the rubber crossing materiaL Theil Railroad, at its sole cost, shall furnish all labor, material, equi~~ent and supervision for, and shall (a) remove the existing prefab crossing(s) and (b) install 3-Rubber crossing(s), (c) install perforated drain pipe and filter fabric, (d) relay and field weld rail, andi!(e) renew crossties and ballast, all at the intersection of the R~lilroad' s Main Line track with Ohio Avenue Mile Post 494.12 in Salina) Saline County, Kansas, as shown generally on Railroad's Print dated April 20, 1989, attached hereto and marked Exhibit "A". :! II. The Railroad, at its cost, shall maintain the crossing(s) between II the track tie ends. Lf, in the future, the Political Body elects to have the surfaCing material between the track tie ends replaced with paving or some surfas:ing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replace- ment surfacing. ji Ii III. The Political Bodi:, for itself and for its successors and assigns, hereby waives any right of assessment against the, Railroad, as an adjacent property owne~, for any and all improvements made under this agreement as stated in I~ticle, I above. . il IV. The City, at its !Iown cost and expense, will provide all barri- cade~, lights and flagmen or traffic control devices necessary for detouring vehicular tr~ffic for complete closure at the crossing. !I II, V. The city further!agrees to allow the Railroad to drain the cross- ing area into existing' City storm sewer manholes, if available. i 'I VI. Covenants herein I' shall inure to or bind each party I s successors and assigns; provided) no right of the Political Body shall be trans- ferred . or assigned, ~ither voluntarily or involuntarily, except by express written agree~ent acceptable to the Railroad. VII. Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, wPich by reference is made a part of this agree- ment. . VIII. The Political Body shall, when returning this agreement to the Railroad (signed), cau!se same to be accompanied by such Order, Resolu- tion, or Ordinance of lithe governing body of the Political Body, passed and approved as by la~ prescribed, and .duly certified, evidencing the authority of the person executing this agreement on behalf of the I Political Body with the power so to do, and which also will certify that funds have been d~propriated and are available for the payment of any sums herein agreedi: to be paid by the Political Body. IN WITNESS WHERE0F, the parties . hereto have duly executed this of the date and ye~r first hereinabove written. Ii " Agreement as MISSOURI PACIFIC RAILROAD COMPANY By Ge I ATTEST: CITY OF SALINA &~a.~~ Date 9/11/89 - _jO-~~L (~\_'~{A) City C~erk Date 9111/89 (Seal) Pursuant to Resolution/89-4122 dated September 11, 1989, hereto attached. /c 4 E- AVE . () ~.- .s ~. I ~. tr) iC~ .ty I . ..~.- · J ~ CI) 'A'.- 'T::t V'J ....' "- I ~. ~ "- J.- · Re. I - ~ aXISTINGr ' RRaNaw C~. ..".s ~"4a CCOc51~$' aL.A.Y TIIAcec... ~~ e....~ · IN.TAu. WI,!" I...........~ . , P.pe ~~~.::-. .....Tell ......~~ 4., ..--_. ~_-:~SS.Nct-5. ~ Pe.,! s 6' ------- 7 ....... 70 Sit U N ~ 32S' -- - -- . Ct.6 0 -... --- ---- --... - --- - - -- I EXHIBIT -A- ....OUIlI PACIPIC RAILROAD COIIPANY SALINA, SALINE COUNTY, KANSAS. Me P. .,Q4f..2 - SALINA SUBDIVISION SEC. 12 T. 14. S. R. 2. W. SEC. 1 T. 14. S. R. 3. W. TO ACCOMPANY AGREEMENT WITH THE CITY OF SALINA .COVERING INSTALLATION OF A PUBLIC CROSSING SCALE: I" = 100. OFFICE OF CHIEF ENGINEER OMAHA, NEBRASKA APR I L 20, 1989 . -LEGEND . CROSSING SHOWN ----------- RR R/W SHOWN ---------------- --- GUS SEGMENT NO. 4585 WAIINING IN AU. OCCASIONS, U. P. CCMUtICATlONS DEPAllTNEHT WST BE ACTm [II ADVANCE OF 1M., WORK DETERMINE EXTtSTENCE LOCATION OF FIBER OPTlC CABLE. PIlOtlE I 1-800-33&-9'93 I ~ <;"".Co< P,i"('nQ - S"Hnll. P(ansas II I I I Ii A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE II CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF !I SALINA AND THE MISSOURI PACIFIC RAILROAD COMPANY, A DELAWARE il CORPORATION, FOR THE IMPROVEMENT OF THE OHIO STREET CROSSING IN ii THE CITY OF SALINA, SALINE COUNTY, KANSAS. II ii li il I: Kansas: :1 I, RESOLUTION NUMBER 89-4122 BE IT RESOLVED by the Governing Body of the City of Salina, Ii Section 1. That the Mayor is hereby authorized to execute, and the 1) ii Ii City Clerk to attest, a license agreement between the City of Salina and the " ;1 Ii Missouri Pacific Railroad Company, a Delaware corporation, for the installation of :i tl !I . Ii rubber crossmgs at the Ohio Street crossing, at grade, along, over and across 'the railroad1s main line tracks and right-of-way at Mile Post 494.12 DOT 1 \; . Ii No. 429 034J in Salina, Saline County, Kansas. 'I Adopted by the Board of Commissioners and signed by the Mayor this I 11 th day of September, 1989. <<~~~~.~~ ~~;rner, Mayor II [SEAL] !i II ATTEST: ii j~~ s,\...-<-u"" Ii Jacque'ine Shiever, City Clerk i! if II " Ii " !: II :1 II II il 'I I, II II I' iI II II I, II I STATE OF KANSAS 1 1 ! COUNTY OF SALI NE ) ) SS ) II I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do Ii hereby certify that Resolution Number 89-4122 was adopted by the Board of ii Commissioners at its regular meeting on September 11, 1989, and that the above 'III and foregoing is a true and correct copy of the original on file in my office. I WITNESS my hand and official seal this 12th day of September, 1989. II I I ~J~~L~lU}~ I Jacqueline Shiever, City Clerk ,[ SEAL] CITY OF SALINA FEQUEST FOR COMMISSION ACTION DATE TIME AGENDA SECTION: NO. 8 Administration 10/16/89 7:00 P.M. OR I GINA T I NG DE?I\RlIvlENT: AFPROV ED FOR AGENDA: Engi neeri ng I TEiv1 NO. I Isy: Don Hoff . BY: ~t Resolution Number 89-4131, authorizing the Mayor to execute and the City Clerk to attest a license agreement between the City of Salina and the Missouri Pacific _ Railroad Company, a Delaware corporation, for the improvement of the Ohio Street crossing. The ~1issouri Pacific Railroad has submitted a license agreement covering certain proposed railroad crossing improvements on Broadway Boulevard. These improvements involve the installation of two (2) rubber crossings on Broadway Boulevard betvJeen Republic Avenue and Cloud Street. The responsibilities of the railroad company and the City of Salina are outlined in the license agreement. The rubber crossing material has been purchased by the City of Salina for these 2 Missouri Pacific Railroad crossings. A schedule for the installation of the rubber crossings will be submitted by the railroad company at a later date. Broadway Boulevard will not be closed to facilitate the installation of the new crossings, this section of Broadway Boulevard has a raised median which allows the work to be performed one lane at a time. Recommended action Adopt Resolution Number 89-4131 authorizing the Mayor to execute the license agreement. COMMISSION ACTION MOTION BY SECOND BY TO: I I' Ii Ii I' II " Ii A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE II CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF Ii SALINA AND THE MISSOURI PACIFIC RAILROAD COMPANY, A DELAWARE il CORPORATION, FOR THE IMPROVEMENT OF THE SOUTH BROADWAY Ii BOULEVARD CROSSING. !i II !l Ii Kansas: Ii I~ Ii Ii RESOLUTION NUMBER 89-4131 BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. That the Mayor is hereby authorized to execute, and the i Ii City Clerk to attest, a license agreement between the City of Salina and the Ii Missouri Pacific Rai Iroad Company, a Delaware corporation, for the installation of rubber crossings at the South Broadway Boulevard crossing, at grade, along, II over and across the railroad1s main line tracks and right-of-way at Mile Post jl 497.68 DOT No. 429 004S in Salina, Saline County, Kansas. Adopted by the Board of Commissioners and signed by the Mayor this 16th day of October, 1989. Joseph A. Warner, Mayor i; [SEAL] " ATTEST: :: Jacqueline Shiever, City Clerk TH I S AGREEMENT, executed in duplicate this 16th day of October, 1989, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the IIRailroadll), and CITY OF SALINA, a municipal corporation of the State of Kansas (hereinafter the IIPolitical Bodyll), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing South Broadway Boulevard crossing, at grade, along, over and across the Railroad's Main line tracks and right of way at Mile Post 497.68 DOT No. 429 004S in Salina, Saline County, Kansas to which the Railroad is agreeable, but solely upon the terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: I. The Political Body, at its sole cost, shall furnish the rubber crossing material. The Railroad, at its sole cost, shall furnish all labor, material, equipment and supervision for, and shall (a) remove 2-40 existing prefab crossing(s) and (b) install 2-42 ft. Rubber crossing(s), (c) install perforated drain pipe and filter fabric, (d) relay and field weld rail, and (e) renew crossties and ballast, all at the intersection of the Railroad's Main line track with South Broadway Mile Post 497.68 in Salina, Saline County, Kansas, as shown generally on Railroad's Print dated September 26, 1989, attached hereto and marked Exhibit IIAII. II. The Railroad, at its cost, shall maintain the crossing(s) between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. III. The Political Body, for itself and for its successors and assigns, hereby -waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement as stated in Article I above. IV. The City, at its own cost and expense, will provide all barricades, lights and flagmen or traffic control devices necessary for detouring vehicular traffic for complete closure at each of the two (2) crossings. V. The city further agrees to allow the Railroad to drain the crossing area into existing City storm sewer manholes, if available. VI. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. VII. Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a part of this agreement. VIII. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by the Political Body. I N WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. MISSOURI PACIFIC RAILROAD COMPANY By Gen-Director, Contracts & Real Estate (SEAL) ATTEST: CITY OF SALINA Jacqueline Shiever, City Clerk By Joseph A. Warner, Mayor Date Pursuant to Resolution 89-4131 dated October 16, 1989, hereto attached. ., . (~ TH IS AGREEMENT, executed in duplicate this 16th day of October, 1989, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and CITY OF SALINA, a municipal corporation of the State of Kansas (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing South Broadway Boulevard crossing, at grade, along, over and across the Railroad's Main Line tracks and right of way at Mile Post 497.68 DOT No. 429 004S in Salina, Saline County, Kansas to which the Railroad is agreeable, but solely upon the terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: I. The Political Body, at its sole cost, shall furnish the rubber crossing material. The Railroad, at its sole cost, shall furnish all labor, material, equipment and supervision for, and shall (a) remove 2-40 existing prefab crossing(s) and (b) install 2-42 ft. Rubber crossing(s), (c) install perforated drain pipe and filter fabric, (d) relay and field weld rail, and (e) renew crossties and ballast, all at the intersection of the Railroad's Main Line track with South Broadway Mile Post 497.68 in Salina, Saline County, Kansas, as shown generally on Railroad1s Print dated September 26, 1989, attached hereto and marked Exhibit "N'. II. The Railroad, at its cost, shall maintain the crossing(s) between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. III. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement as stated in Article I above. IV. The City, at its own cost and expense, will provide all barricades, lights and flagmen or traffic control devices necessary for detouring vehicular traffic for complete closure at each of the two (2) crossings. V. The city further agrees to allow the Railroad to drain the crossing area into existing City storm sewer manholes, if available. VI. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. VII. Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a part of this agreement. 5 (i, .t;i l:' _ ':/.. \II ."1 U; U ~ ". \J \1J "/ ~ -;'" <-::! \!I -:s '" ~ ~ J .( o 4- ILl . .J oJ. ill . ~ "/ ~ \) ..('-'0 oj 7" 0 (j' .J ;\.Il('J,,- l.' ~ t;i <:i CO <t? ~~o(]"" \- 4.Cl "2- -"1tJ~\- ~ --4:l o!J - ~ \.9 \:) ...g -.C3J ~D N )(.. 1IlU; 1: 4''- I- III \Sl ~~ DI "- .... 0" J .( \J c,jlfl O~.{Vi 0)/. If) k (J'- ,lJ ........ "- G' ~ T ~ vii ..= "'" .,. :l 240 ~ ~... j l I'll " O~ 1Il!' cl- <" v~~;t III 2 '% t'I -.J~~ ~.( 11 ~.1__ - ~ tlI ~&l~~ at " - I) r- Cl <. I- . ~,.I' IL ~ - f' t/. . ~;~~~ . I ; ...'2 OtC\>\J- :-<~,,~~ ":I~~:l -;tl-II.\J ~~~a1Q/ j(oJQ~~ ~~~i~ Nt-~J~ ~5~~~ III U .. ~ D/ctCli- D 1 " o VIII. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by the Political Body. I N WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. MISSOURI PACIFIC RAILROAD COMPANY By Gen-Director, Contracts & Real Estate ( SEAL) ATTEST: CITY OF SALINA J~~.\..u. S\'Wu.I Jacqu line Shiever, City Clerk B~;;l1J-~ h Warner, Mayor Date OJ-ok It.. \C\~~ Pursuant to Resolution 89-4131 dated October 16, 1989, hereto attached. '\-' ,. TH I S AGREEMENT, executed in duplicate this 16th day of October, 1989, by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and CITY OF SALINA, a municipal corporation of the State of Kansas (hereinafter the "Political Body"), WITNESSETH: RECITALS: The Political Body has requested the Railroad to improve the existing South Broadway Boulevard crossing, at grade, along, over and across the Railroad's Main Line tracks and right of way at Mile Post 497.68 DOT No. 429 004S in Salina, Saline County, Kansas to which the Railroad is agreeable, but solely upon the terms and conditions hereinafter set forth. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: I. The Political Body, at its sole cost, shall furnish the rubber crossing material. The Railroad, at its sole cost, shall furnish all labor, material, equipment and supervision for, and shall (a) remove 2-40 existing prefab crossing(s) and (b) install 2-42 ft. Rubber crossing(s), (c) install perforated drain pipe and filter fabric, (d) relay and field weld rail, and (e) renew crossties and ballast, all at the intersection of the Railroad's Main Line track with South Broadway Mile Post 497.68 in Salina, Saline County, Kansas, as shown generally on Railroad's Print dated September 26, 1989, attached hereto and marked Exhibit \I NI. II. The Railroad, at its cost, shall maintain the crossing(s) between the track tie ends. If, in the future, the Political Body elects to have the surfacing material between the track tie ends replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing. III. The Political Body, for itself and for its successors and assigns, hereby waives any right of assessment against the Railroad, as an adjacent property owner, for any and all improvements made under this agreement as stated in Article I above. IV. The City, at its own cost and expense, will provide all barricades, lights and flagmen or traffic control devices necessary for detouring vehicular traffic for complete closure at each of the two (2) crossings. V. The city further agrees to allow the Railroad to drain the crossing area into existing City storm sewer manholes, if available. VI. Covenants herein shall inure to or bind each party's successors and assigns; provided, no right of the Political Body shall be transferred or assigned, either voluntarily or involuntarily, except by express written agreement acceptable to the Railroad. VII. Both parties agree to the requirements of Title VI of the Civil Rights Act of 1964, which by reference is made a part of this agreement. VIII. The Political Body shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order, Resolution, or Ordinance of the governing body of the Political Body, passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the Political Body with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by the Political Body. I N WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first hereinabove written. MISSOURI PACIFIC RAILROAD COMPANY By Gen-Director, Contracts 8. Real Estate ( SEAL) ATTEST: CITY OF SALINA J ~ ~L.UJUJ Jacq~ne Shiever, City Clerk BY~d.~~ J spA arner, Mayor Date ot:.Jok \~ ,9'l9 . Pursuant to Resolution 89-4131 dated October 16, 1989, hereto attached. ,- . "5 ~ ~ J ~ t" ';;;/. , - :L vi :--t U~ U ~ "' 'J \1J '. =::: ~ -;'<' -::;,~ \[) -~ 'II ~ o 4. toJ -1 1/. UJ . ~ "7 ~ " .{--o ~ ';- 0 G' .J ;..I1t'l.,... {j > tj <:i 00 -::(3 ~t,:.O(j" \-~.{ ~ 'Z- ~ ~"3 ~ ~ 5 "j~ -c~~ r-=D N XIIl1f)'!{"f- \U\Sl ~"'f~ L. 0" JCl.,..{ \) <:iIf'lO"';-4:V1 u'::J. If)..... <!'- iI --- -...:::.. G' ". ~i ~ ~: j j 1\w 4 l o rI 10- Ill:? ('t \J~i1"! III 2 '% t" IIJ J tl t... ... ~.1. - ~ tII r"~L ~ lilt II ~ (e ~ . L~' aL E~ ~:~ . I ~ ...'"2 O"'~,,- ~~,,~~ ":%~~~ ~t~lI.\l ~~~alDI ;C..,O~~ ~~~~. N"~.JQ ~~:lt~i 11I" ~ Qle& - . .) .~ o 7 t,,~ .-~ ~'-:::-:1~.~~. -~-s:.-""" ;.;4~'... . i' . ,("I'1n-Co~ P'intlng - Salina, Kansas , RESOLUTION NUMBER 89-4131 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF SALINA AND THE MISSOURI PACIFIC RAILROAD COMPANY, A DELAWARE CORPORATION, FOR THE IMPROVEMENT OF THE SOUTH BROADWAY BOULEVARD CROSSING. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: I Section 1. That the Mayor is hereby authorized to execute. and the II City Clerk to attest, a license agreement between the City of Salina and the II Missouri Pacific Railroad Company, a Delaware corporation, for the installation of II rubber crossings at . the South Broadway Boulevard crossing, at grade, along, I, :1 ii over and across the railroad1s main line tracks and right-of-way at Mile Post Ii I, II 497.68 DOT No. 429 004S in Salina, Saline County, Kansas. 1i II Adopted by the Board of Commissioners and signed by the Mayor this Ii Ii 16th day of October, 1989. I! II &;~~~rt~ II [SEAL] II ATTEST: I I j ~~v..J.~ S~~UU , Jacquel~ne Shiever, City Clerk I II I I STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Jacqueline Shiever, City Clerk of the City of Salina, Kansas, do hereby certify that Resolution Number 89-4131 was adopted by the Board of Commissioners at its regular meeting on October 16, 1989, and that the above and foregoing is a true and correct copy of the original on file in my office. WITNESS my hand and official seal this 17th day of October, 1989. [SEAL] J ~ ~"',,~~ JaC~ine Shiever, City. Clerk