South Broadway Street Crossing Agreement
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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 SALI NA, a municip,a1..~,_.~_.._
corporation of the State of Kansas (hereinafter the "Politicaj -BOdY".)-~~P'-'-R.~ R "0
WITNESSETH: \1 lI.... v .
II ~greem~nt
\1 . 149598
~ Audit No~ """"~-=--=-_~_..~-
The Political Body has requested the Railroad to improve-the""-existirig
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.
RECITALS:
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the promises
and conditions hereinafter set forth, the parties hereto agree as follows:
1.\ 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 "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.
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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.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the date and year first hereinabove written.
MISSOURI PACIFIC RAILROAD COMPANY
.b.'~~'~
Contracts & Real Estate
(SEAL)
ATTEST:
CITY OF SALINA
J ~q'.~r \.~ S, '" "" LLI
Jacqu line Shiever, City Clerk
B~a. ~~
ph Warner, Mayor .
Date oJ-ok 1(. \ql6~
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Pursuant to Resolution 89-4131
dated October 16, 1989.,
hereto attached.
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I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE
L CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF
!I SALINA AND THE MISSOURI PACIFIC RAILROAD COMPANY, A DELAWARE
I CORPORATION, FOR THE IMPROVEMENT OF THE SOUTH BROADWAY
I BOULEVARD CROSSING.
I Kansas:
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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
Ii City Clerk to attest, a license agreement between the City of Salina and the
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II Missouri Pacific Railroad Company, a Delaware corporation, for the installation of
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Ii rubber crossings at the South Broadway Boulevard crossing, at grade, along,
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II over and across the railroad's main line tracks and right-of-way at Mile Post
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I 497.68 DOT No. 429 004S in Salina, Saline County, Kansas.
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:1 Adopted by the Board of Commissioners and signed by the Mayor this
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il16th day of October, 1989.
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II ATTEST:
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I Jacquel~ne Shiever, City Clerk
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STATE OF KANSAS )
) S5
COUNTY OF SALI NE )
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.
" ,........-
J~~L Sl'tNU-
Jacqu~line Shiever, City Clerk
[SEAL]
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UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
B. W. ZANDBERGEN
GENERAL DIRECTOR
R. F NIEHAUS
DIRECTOR
W. F SOMERVELL
DIRECTOR
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1416 DODGE STREET
OMAHA. NEBRASKA 68179
November 2, 1989
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. -.- LID PD R. R. Co.
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Crossing: Public
Ks - Salina
South Broadway DOT No. 429
City of Salina
Engineering Department
300 West Ash Street
Salina, Ks 67402-9481
Dear Gentlemen:
Attached is your original copy of the agreement, for South
Broadway which crosses MP tracks, fully executed on behalf of the
Railroad Company.
The Railroad Company has authorized the installation of fiber
optic cable facilities on its property in certain areas. Prior to
using the Railroad Company's property covered herein, you should
thoroughly review the terms and conditions of this document and
'contact the Railroad Company at 1-800-336-9193 to determine if a
fiber optic cable is buried on the subject property.
All insurance notices, if insurance is required by the agree-
ment, should be forwarded to:
Gen-Director Contracts & Real Estate
Union Pacific Railroad Compa~y
1416 Dodge Street~ Rm 1100
Omaha, Nebraska6~179
In accordance with ':the 'termp "of, this agreement, 48 hours in
advance of entering the "right o,f way you should arrange to notify
our Superintendent:
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Mr. Ron Clarkson
2645 New York Ave.
Wichita. Ks 67219
(316) 268-9456
Sincerely yours,
Q.C\ ^~
R. A. Holmes
Contract Representative