C.D. # 53538-2 Magnolia & Belmont Street Crossing Rights AgreementAll
Rights Agreement
M.P. 4.04, Near
Salina, Kansas
THIS AGREEMENT, made
day of
RAILROAD COMPANY, a corporation
after the Railroad Company), an
cipal corporation of the State
Political Body), WITNESSETH:
RECITALS:
DUPLICATE ORIGINAL
UPRR Counterpart
C.D. No. 53538-2
and entered into as of the
by and between UNION PACIFIC
of the State of Utah (herein -
d the CITY OF SALINA, a muni -
of Kansas (hereinafter the
The Political Body desires the right to use for
public roadway purposes that portion of the right-of-
way of the Railroad Company (hereinafter the Crossing
Area) at 4.04, shown outlined in yellow on the Exhibit
A print dated December 19, 1980, hereto attached and
hereby made a part hereof. The Railroad Company shall
continue to maintain and operate a Road Crossing at the
location shown in green on Exhibit A hereto attached.
AGREEMENT:,
NOW THEREFORE, it is mutually agreed by and between
the parties hereto as follows:
Section 1. RAILROAD COMPANY GRANTS RIGHT.
In consideration of the covenants and agreements
herein contained to be by the Political Body kept, observed,
and performed, the Railroad Company hereby grants to the
Political Body, subject to the terms and conditions herein
stated, the right during the term hereof, to establish, main-
tain and use a public highway on said right-of-way and over
the tracks of the Railroad Company in the location shown
outlined in yellow on Exhibit A hereto.
The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the Railroad
Company to use and maintain its entire railroad right-of-way
in the performance of its public duty as a common carrier,
and is also subject to the right and power of the Railroad
Company to construct, maintain, use, and operate existing
and additional railroad tracks, telegraph, telephone, signal,
or other pole and wire lines, pipe lines, and other facilities
upon, along, or across any or all parts of said Crossing
Area, all or any of which may be freely done at any time or.
times by the Railroad Company without any liability to the
1
Political Body or to anyone for compensation or damages for
abrogating the grant herein contained.
Said grant also is made subject to all outstanding
superior rights (including those in favor of telegraph and
telephone companies, lessees of said right-of-way and others),
and the right of the Railroad Company to renew and extend
the same, and is made without covenant of title or for quiet
enjoyment.
Section 2. CONSTRUCTION - MAINTENANCE - ALL WORK
TO BE DONE UNDER RAILROAD COMPANY SUPERVISION.
The Political Body has constructed, or caused to
be constructed, a public road over the Crossing Area. The
Political Body, without expense to the Railroad Company,
shall maintain, or cause to be maintained, the public road
on the Crossing Area, except the portions thereof between
the track tie ends, which portions shall be maintained by
and at the expense of the Railroad Company.
All work done, or caused to be done, by the Polit-
ical Body on the Crossing Area shall be under the supervision
and to the satisfaction of the Railroad Company. The Polit-
ical Body shall ascertain the Railroad Company's flagging
requirements and make arrangements with the Railroad Company
for flagman services at such times as the Railroad Company
may deem necessary or desirable while occupying or performing
any work upon the Crossing Area, and all expense so incurred
shall be.paid for by the Political Body.
Section 3. POLITICAL BODY TO ASSUME TAXES AND ASSESSMENTS.
The Political Body agrees to assume all taxes and
assessments lawfully levied upon the Crossing Area during
the continuance of this agreement, including assessments
levied by improvement district(s), but not including taxes
and assessments levied against the Crossing Area as a compon-
ent part of the railroad property of the Railroad Company in
the state as a whole; to keep the Crossing Area free from
combustible material; to plant no trees or shrubbery in the
Crossing Area, and to erect no structures thereon, except
such as may be necessary for public roadway purposes; to put
nothing upon the Crossing Area which might obstruct or inter-
fere with the view; and the Political Body waives any claim
for damages which it may have in the future against the Rail-
road Company arising from damage to the public roadway result-
ing from fire caused directly or indirectly by sparks or
fire emitted from the engines or trains of the Railroad Com -
2
pany, or from the construction or maintenance of drainage
ditches or waterways by the Railroad Company.
No special assessments for constructing or main-
taining the public roadway located on the Crossing Area shall
be made by the Political Body against the adjacent railroad
right-of-way of the Railroad Company.
Section 4. CROSSING AREA TO BE USED
FOR PUBLIC ROADWAY ONLY.
The Political Body shall not use the Crossing Area
or permit it to be used except for the usual and ordinary
purposes of a public roadway, and it is expressly understood
and agreed that such purposes shall not be deemed to include
the use by the Political Body or others of the Crossing Area
for railroad, street or interurban railway, or other rail
transportation purposes or for the construction or maintenance
of electric power transmission lines, or gas, oil or gasoline
pipe lines; provided, however, that the Political Body shall
have the right and privilege to construct walkways, but only
within the eight -foot area adjacent to the curblines of the
street; and provided further that any work to be done within
the track area will be performed by the Railroad Company at
the expense of the Political Body.
Section 5. ALL WORK TO BE DONE SAFELY AND WITHOUT
INTERFERENCE TO RAILROAD COMPANY.
All work done upon the Crossing Area by or on behalf
of the Political Body shall be prosecuted with due care,
skill and diligence, and, in all matters relating to the
safety of railroad operations or the protection of the rail-
road and the Railroad Company's employees, such work shall
be done in conformance with the directions of the Railroad
Company. Work done by or on behalf of the Political Body
upon said Crossing Area shall not interfere with the contin-
uous or uninterrupted use and operation of the railroad.
Section 6. INSURANCE.
Before permitting any contractor to perform work
on the property of the Railroad Company, the Political Body
shall require such contractor or cause such contractor to.
furnish and maintain in force as long as such work shall
continue upon the property insurance on behalf of Union Pac-
ific Railroad Company in the form and with coverage and pro-
visions contained in the Railroad Protective Liability Form,
marked Exhibit B, hereto attached, provided, however, the
amount of coverage shall be an amount consistent with the
3
i `• t
Railroad Company's policy for insurance coverage in exis-
tence at the time the work is performed.
The original of such policy of insurance in favor
of the Railroad Company shall be furnished to the Political
Body for transmittal to the Railroad Company's Chief Engineer
at Omaha, Nebraska, before starting the work.
Section 7. CHANGES IN GRADE.
If the Railroad Company at any time shall be
required by competent authority, to raise or lower the grade
of all or any part of its track or tracks located in said
Crossing Area, the Political Body, without expense to the
Railroad Company, shall change the portion of said public
roadways on said Crossing Area to conform with the change of
grade required by the Railroad Company.
Section 8. LIABILITY.
The Political Body, to the extent that it lawfully
may, assumes all loss, damage, claims, demands, actions,
causes of action, costs, and expenses of whatsoever nature
growing out of injury to or death of persons whomsoever or
loss or destruction of or damage to property whatsoever (in-
cluding damage to the roadbed, tracks, equipment, or other
property of the Railroad Company) where such injury, death,
loss, destruction or damage arises in any way in connection
with or incident to the construction or maintenance of said
public roadway, and the Political Body, to the extent that
it lawfully may, hereby agrees to indemnify and hold harmless
the Railroad Company against and from any and all such loss,
damage, claims, demands, actions, causes of action, costs,
and expenses; PROVIDED,.however, that this indemnity on the
part of the Political Body shall not include or cover loss,
damage, claims, demands, actions, causes of action, costs or
expenses growing out of injury to or death of persons travel-
ing upon the said public roadways or loss or destruction of
or damage to the property of such persons resulting directly
from the sole negligence of the Railroad Company.
Section 9. TERMINATION.
Nonuser by the Political Body of the Crossing Area
for public roadway purposes continuing at any time for a
period of eighteen (18) months shall, at the option of the
Railroad Company, work a termination of this agreement and
of all rights of the Political Body hereunder.
If the Political Body shall breach or fail to keep
or perform any of the covenants or agreements herein stated
4
and shall fail to remedy any default on the part of the
Political Body for thirty (30) days after written notice by
the Railroad Company to the Political Body pointing out such
default, then, upon the expiration of such thirty -day period,
this agreement shall terminate and be of no further force or
effect.
No termination of this agreement shall affect any
rights or obligations of the parties hereto which may have
accrued, or liabilities, accrued or otherwise, which may
have arisen prior to such termination.
Section 10. WAIVER OF BREACH.
The waiver by the.Railroad Company of a breach of
any condition, covenant or agreement herein contained to be
kept, observed, and performed by the Political Body shall
not impair the right of the Railroad Company to avail itself
of any subsequent breach thereof.
Section 11. EFFECTIVE DATE.
This agreement shall take effect as of the date
first herein written and shall continue in full force and
effect until terminated as herein provided.
Section 12. RIGHT NOT TRANSFERABLE.
The Political Body agrees not to transfer or assign
this agreement, or any interest therein, or any right granted
thereunder, without the written consent of the Railroad Com-
pany, and it is agreed that any such transfer or assignment,
whether voluntary, by operation of law, or otherwise, without
such written consent, shall be absolutely void and shall, at
the option of the Railroad Company, terminate this agreement.
Section 13. AGREEMENT BINDING.
Subject to the provisions of Section 12 hereof,
this agreement shall inure to the benefit of and be binding
upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused
5
16
this agreement to be executed in duplicate as of the date
first herein written.
Witness: UNION PACIFIC RAILROAD COMPANY,
•
B,_
WeneratManager
Atte t: CITY OF SALINA,
By
City ,Clerk
(Seal)
........... ...
NVIA
ro
Mayor
t i RESOLUTION
WHERnS, UNION PACIFIC RAILROAD COMPANY has tendered
to CITY OF SALINAI Ptate.of Kansas, an agreement coVeri�nq
use of -right of way for public roadway purposes at M.P. 4.04
near Salina, Kansas; such agreement being identified in the
records of the Railroad Company as its C.D.•No. 53538-2; and
WHEREAS, the Council of said City has said proposed
agreement before it and has given it careful review and con-
sideration; and
WHEREAS, it is considered that the best interests
of said City will be subserved by the acceptance of said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF "'' SALINA ,.STATE OF KANSAS
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be, and the same are
hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized,
empowered, and directed to execute said agreement on behalf
of said City, and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to
attach to each duplicate original of. said agreement a.certi-
-_f_ied•= y of this resolution.
STATE OF KANSAS )
COUNTY OF SALINE )SS.
City
Clerk of the City of Salina, Kansas , hereby certify
that the above and foregoing is a true, full, and correct
copy of a resolution adopted by the Council of the City of
to law at
at. a -meeting held according
Salina
- - Kansas . on .the
day of 19
as the same appears on file and of record in this -0 ffiEe—.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
day of 19
(SEAL) .
Zes. City Cle=k. of . the City Qt
�ity. Salina, Kansas
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EXHIBIT
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UNION PACIFIC RAILROAD COMPANY
�
, - -
z vi
Near Salina, Saline County, Kansas
E ..
M.P. 4.04 - McPherson Branch
_.
To accompany agreement with
_
City of Salina covering use of right
of way for public road crossing purposes
.
_
Sca - 40'
Scale 1" -
Office of Director - Real Estate
Omaha, Nebraska December 19, 1980 .
* L E G E N D
Road Crossing shown..............GREEN
Permanent use area outlined..... YELLOW
UPRRCo. R/W outlined...............RED
June 30, 196 7.
EXHIBIT B
For attachment to C. D. No. 5 3 5 3 8- 2
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM'
Including Instructions for
Preparation of Policies by Companies
11
June 30, 1967. - Page 1
STMIDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
Railroad Protective Liability Form
MERAL 114SMUCTMNS
1. Standard Language
This form is expressed in standard language which may not be amended and
no part of which may be omitted except (a) as indicated by these instructions,
or (b) as indicated in reference notes shown below referring to specific por-
tions of the form, or (c) by an endorsement which states an amendment or
exclusion of some provision of the form in accordance with the provisions of
a manual rule, the form of which endorsement has been approved, if required,
by the sTz ervising authority of the state in which the policy is issued.
2. Optional Sequence and Arrangement
it The several parts of the form, viz. "Insuring.Agreements," "Exclusions,"
Conditions" and "Declarations" may appear in the policy in such sequence as
the co early may elect and the sequence and arrangement of the several pro-
visions of those parts are also optional with the company.
3. Descriptive Headings--lientiiying or Indexing Designations
The descriptive headings of the parts of the form (as quoted above) and
of the major insuring agreements ("Bodily Injury Liability," "Property Dam-
age Liability," etc.) are standard expressions which may not be amended or
omitted, but all other identifying or indexing designations (such as
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designations or paragraphs or phrases,
may be amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
form or any endorsement form applicable thereto, are amended or omitted,
descriptive designations shall be substituted therefor.
4. Additional Coverages or Companies, Explanatory or Connective Language
When policies are issued to provide insurance in this form together with
insurance covering other risks, the addition of necessary explanatory or
connective language which does not amend the expression of this form is per-
missible and the introductory language of the "Insuring Agreements" which
provides for the issuance of a policy by two companies may be used and, if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations --Including Other Risks
A common set of declarations may be used in those cases where policies in
this form are issued with policies covering other risks.
Page 2.
June 30, 1967.
*6. Installment Premium Payment
Policies written to provide for payment of premium in installments may
provide for lapse or suspension of the policy upon default of payment when due.
*Not applicable in Texas
T. Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of insurance are added to this policy by endorsement, such additional
insurance must be expressed in approved standard language relating to the
particular class and must be subject to all standard provisions applicable
to that class by the expressions of the endorsement or of the policy or
of both taken together.
8. Definition of "Standard" and "Approved"
'.'Standard language" or "approved standard language's when used in these
instructions means the form and endorsements either prescribed or approved
by the insurance supervising authority of the state in which policy forms.
and endorsements are approved or prescribed. In those states where super-
vising authorities do not have the authority to approve or prescribe poli-
cies, forms and endorsements, the terms mean the forms and endorsements
adopted by the companies for use in such states.
9. Premium Statement
The statement with respect to payment of premium may be amended by an.
endorsement to make necessary provision with respect to payment of premium,
payment of additional premium and return of premium r.nd dividead s] * under
the policy.
10. Special Conditions for Mutuals, Reciprocals, and Participating Stock
Companies
When the policy is issued by a mutual company, a reciprocal associ-
ation or a participating stock company having special provisions appli-
cable to its membership or policyholders, such provisions, when approved
by the supervising authority of the state in which the policy is issued if
such approval is required, may be inserted in the policy.
*See General Instruction 10
June 30, 1967. Page 3.
REFERENCE NOTES
1—�tter in brackets may be included, omitted or amended at the option
of the company.
2—The effective hour and date of the policy may be typed or printed in
this space.
3—A statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4--n.ms of company may be shown.
5—The capacity of the person countersigning may be stated.
6—Additional declarations of this type, calling for general information
or information regarding installment payment of•premitmi, may be used
at the option of the company.
7—The name and location of the company are to be stated. The type of
the company and the word used throughout the policy suitably to desig-
nate the company are to be stated.
8—The language of this•paragraph is optional with the company.
BLANK IM)EMNITY COMPANY
BLANK INSURANCE COMPANY
FRalroad Protective Liability Policy No. C ti 4
Lc
DECLARATIONS a=° o
UNION PACIFIC RAILROAD COMPANY
Item 1. Named Insured 00a3 0%
N J
Address 1416 Dodge Street Omaha Douglas Nebraska 68179
No. Street Town or City L County State m
.Item 2. Policy Period: From (See Reference No. 2) to ,.
12:01 A.M., standard time at the designated fob site as stated herein.
Item 3. The Ineura�nge afforded is only with respect to such of the following -coverages as are indicated
[in Item 6 by specific premium charge or charges. The limit of the company's liability against
such coverage or coverages shall be as stated herein, subject to all the terms of this policy having
reference thereto. (See Reference Note 3.)
Coverages Limits of Liability
A Bodily Injury Liability )
$2,000,000.00 per occurrence
B Property Damage Liability ) combined single limit
& $6,000,000.00 aggregate
C and Physical Damage to Property
Item 4. Nam* and Address of Contractor
Item 5. Nam* and Address of Governmental Authority for whom the work by the contractor is being performed_
y
Advance
Premium Rates Promiums
Item 6. Designation of the Job Site and Bases Co�ratre A Coverages B & C _Coverage A Coverages B & C
Description of Work
- Contract Cost Per $100 of Cost
Rental Cost Per $100 of Rental Cost
If Policy Period more than one year:
Premium is payable: On effective date of Policy $ lot Annivers
ary.$ 2nd Anniversary $
Date and Place of Issue :Q 1
1
Countersigned 19 at by
See Reference Note 5 ~
A. Renewal of Policy number. C. Endorsement serial numbers. 6
B. The named insured is a corporation. D. Rating plan or premium discount.
4
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ON
In J
July 13, 1967.
Page 6.
(For policy issued by one company)
BLANK INDEMNITY COMPANY
7
(A insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in
consideration of the payment of the premium and in reliance upon the state-
ments in the declarations made by the name insured and subject to all of
the terms of this policy:
(For policy issued by two companies)
(Each a
BLANK INDEMNITY COMPANY
and
BLANK INSURANCE COMPANY
7
_ insurance company, herein called the company)
Severally agree with the insured, named in the declarations made a part
hereof, in consideration of the payment of the premium and in reliance upon
the statements in the declarations made by the named insured and subject
to all of the terms of this policy, provided the Blank Indemnity Company
shall.be the insurer with respect to coverage and no
other and the Blank Insurance Company shall be the insurer with respect to
coverage and no other:
INSURING AGREEMENTS
* 1. Coverage A — Bodily Injury Liability
To pay on behalf of the insured all sums which the insured shall be-
come legally obligated to pay as damages because of bodily injury, sickness,
or disease, including death at any time resulting therefrom, hereinafter
called "bodily injury," either (1) sustained by any person arising out of
acts or omissions at the designated job site which are related to or are in
connection with the work described in Item 6 of the Declarations, or (2)
sustained at the designated job site by the contractor or any employee of the
contractor, or by any employee of the governmental authority specified in
Item 5 of the Declarations, or by any designated employee of the insured,
whether or not arising out of such acts or omissions.
Coverage B - Property Damage Liability
To pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of physical injury to
or destruction of property, including loss of use of any property due to
such injury or destruction, hereinafter called "property damage" arising
out of acts or omissions at the designated job site which are related to
or are in connection with the work described in Item 6 of the declarations.
• e
June 30, 1967. Page 7.
Coverage C - Physical DamaE! to Property
To pay for direct and accidental loss of or -damage to rolling stock
and their contents, mechanical construction equipment, or motive poorer
equipment, hereinafter called loss, arising out of acts or omissions at
the designated job site which are related to or are in connection with
the worts described in Item 6•of the declarations; provided such property
is owned by the named insured or is leased or entrusted to the named_
insured under a lease or trust agreement.
II. Definitions
(a)
Insured - The unqualified word "insured" includes the named insured
and also includes any executive officer, director or stockholder
thereof while acting within the scope of his duties as such.
(b)
Contractor - The word "contractor" means the contractor designated
in Iter of the declarations and includes all subcontractors of
sail contractor but shall not include the na-ed insured.
(c)
Desi;^ -ted erplcyee of the insured - The -words "designated employee
of the insured' man:
�1) any supervisory employee of the insured at the job site,
2) any employee of the insured while operating, attached to or
engaged on work trains or other railroad equipment at the job
site which are assigned exclusively to the contractor, or
�-'
(3) any employee of the insured not within (1) or (2) who is
specifically loaned or assigned to the work of the contractor
for prevention of accidents or protection of property, the cost
of whose services is borne specifical3,v by the contractor or
by governmental authority.
(d)
Contract - The word "contract" means any contract or agreement to
carry a person or property for a consideration or any lease, trust
or interchange contract or agreement respecting motive poker, roll-
ing stock or mechanical construction equipment.
III. Defense, Settlement, Supplementary Payments
With respect to such insurance as is afforded by this policy under.
coverages A and B, the company shall:
(a) defend any suit against the insured alleging such bodily injury or
property damage and seeking damages which are payable under the
terms of this policy, even if any of the allegations of the suit
are groundless, false or fraudulent, but the company may make such
investigation and settlement of any claim or suit as it deems
expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the company, all costs taxed against
the insured in any such suit and all interest on the entire
June 30, 1967. Page 8.
amount of any judgment therein which accrues after entry of
the judgent and before the company has paid or tendered or
,deposited in court that part of the judgment which does not
exceed the limit of the company's liability thereon;
(2) premiums on appeal bonds required in any such suit, premiums
on bonds to release attachments for an amount not in excess
of the applicable limit of liability of this policy, but
without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for such immediate medical
and surgical relief to others as shall be imperative at the
time of the occurrence;
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request.
ID. Polic7 Period, TerritorT
This policy applies only to occurrences and losses during the
policy period and within the United States of America, its territories
or possessions, or Canada.
EXCLUSIONS
This policy does not app3,p:
(a) to liability assumed by the insured under any contract or agreement
except a contract as defined herein;
(b) to bodily injury or property damage caused intentionally by or at
the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after
notification to the named insured of the"acceptance of the work
by the governmental authority, other than bodily injury, property
damage or loss resulting from the existence or removal of tools,
uninstalled equipment and abandoned or unused materials;
(d) under coverages A (1), B and C, to bodily injury, property damage
or loss, the sole proximate cause of which is an act or omission
of any insured other than acts or omissions of any designated
employee of any insured;
(e) under Coverage A, to any obligation for which the insured or any
carrier as his insurer may be held liable under any workmen's
compensation, unemployment compensation or disability benefits
law, or under any similar law; provided that the Federal Employerst
Liability Act, U. S. Code (1946) Title 45, Sections 51-60, as amended,
shall for the purposes of this insurance be deemed not to be any
similar law;
(f) under coverage B, to injury to or destruction of property (i) owned
by the named insured or (ii) leased or entrusted to the named insured
under a lease or trust agreement.
September 29, 1967. Page 9.
(g)
1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
(a) with respect to which an insured under the policy is also
an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of.Canada, or would be an.insured under any such
policy but for its termination upon exhaustion of its limit
of liability; or
(b) resulting from the hazardous properties of nuclear material
and with respect to which (1) any person or organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or
(2) the insured is, or had this policy not been issued would
be, entitled to indemnity from the United States of America,
or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with
any person or organization.
2. Under any Medical Payments Coverage, or under any Supplementary -
Payments provision relating to immediate medical or surgical relief,
to expenses incurred with respect to.bodily injury, sickness, disease
or death resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any
person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death
or destruction resulting from the hazardous properties of nuclear
material, if
(a) the nuclear material (1) is at any nuclear facility owned
by, or operated by or on behalf of, an insured or (2) has
been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises
out of the furnishing by an insured of services, materials,
parts or equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility, but
if such facility is located within the United States of
America, its territories or possessions or Canada, this
exclusion (c) applies only to injury to or destruction of
property at such nuclear facility.
September 29, 1967. Page 10.
4. As used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material", "special nuclear material", and "byproduct
material" have the.meanings given them in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or plutonium, (2) processing or
utilizing spent.fuel, or (3) handling, processing or .
packaging waste,
(c) any equipment or device used for the processing, fabricating
or alloying of special nuclear material if at any time the
total amount of such material in the custody of the insured
at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or
uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared
or used for the storage or'disposal of waste,
and includes the site on which any of the foregoing is located,
all operations conducted on such site and all premises used for
such operations;
"nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self-supporting chain reaction or to contain
a critical mass of fissionable material;
With respect to injury to or destruction of property, the word
"injury" or "destruction" includes all forms of radioactive
contamination of property.
(h) under Coverage C, to loss due to nuclear reaction, nuclear radiation
or radioactive contamination, or to any act or condition incident to
any of the foregoing.
June 30, 1967. Page 11.
CONTDITIOidS
[The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, apply
to all coverages. Conditions 3, 4. 5, 6, 7, 8, 9, 10, 11, and 12 apply only
to the coverage noted thereunder.].i.
1. Premium The premium bases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hazards
not so described are those applicable in accordance with the manuals in
use by the company.
The term "contract cost" means the total cost of all work described in
Item 6 of the declarations.
The term "rental costtt means the total cost to the contractor for rental
of work trains or other railroad equipment, including the remuneration of all
er.,ployees of the insured while operating, attached to or engaged thereon.
The advance premium stated in the declarations is an estimated premium
only. Upon termination of this policy the.earned premium shall be computed
in accordance with the companyts rules, rates, rating plans, premiums and
mini:mum preriiurs applicable to this insurance. If the earned premium thus
computed exceeds the estimated advance premium paid, the company shall look
to the contractor specified in the declarations for any such excess; if less,
the company shall return to the said contractor the unearned portion paid.
In no event shall payment of premium be an obligation of the named insured.
2. Insnection The named insured shall make available to the company records
of information relating to the subject matter of this insurance.
The company shall be permitted to inspect all operations in connection with
the work described in Item 6 of the declarations.
3, Limits of Liability The limit of bodily injury liability stated in the
Coverage A declarations as applicable to "each persontt is the
limit of the companyts liability for all damages, including damages for care
and loss of services, arising out of bodily injury sustained by one person
as the result of any one occurrence; the limit of such liability stated in
the declarations as applicable to "each occurrence" is, subject to the above
provision respecting each person, the total limit of the companyts liability
for all such damage arising out of bodily injury sustained by two or more
persons as the result of any one occurrence.
4. Limits of Liability The limit of liability under coverages B and C stated
Coverages B and C in the declarations as applicable to "each occurrence"
is the total limit of the companyts liability for all damages and all loss
under coverages B and C combined arising out of physical injury to, destruction
or loss of all property of one or more persons or organizations, including the
loss of use of any property due to such injury or destruction under coverage
B. as the result of any one occurrence.
Subject to the above provision respecting 'teach occurrence," the limit of
liability under coverages B and C stated in the declaration as "aggregate" is
the total limit of the companyts liability for all damages and all loss under
coverages B and C combined arising.out of physical injury to,
June 30, 1967. Page 12.
destr_ction of loss of property,. including the loss of use of any properly
due to s_ch injury or destruction under Coverage Be
Under Coverage C, the limit of the companyts liability for loss shall
not exceed the actual cash value of the property, or if the loss is of a
cart thereof the actual cash value of such part, at time of loss, nor what
it would then cost to repair or replace the property or such part thereof
with other of like kind and quality.
5. Severabilitv of Interests The term "the insured" is used severally and
Coverages A and B not collectively, but the inclusion herein
of more than one insured shall not operate to increase the limits of the
company's liability..
6. Notice in the event of an occurrence or loss, written notice contain-
ing particulars sufficient to identify the insured and also reasonably
ootainable information with respect to the time, place and circumstances
thereof, and the nzrses and addresses of the injured and of available wit-
nesses, shall be given by or for the insured to the company or any of its
authorized agents as soon as practicable. If claim is made or suit is
brou`ht against the insured, he shall Ir-nediately for-vard to the company
every demand, notice, suam ns or other process received by him or his
representative..
7. Assistance and Cooperation of the Insured The insured shall cooperate
Coverages A and B with the company and, upon
the coapanyte reaiiest, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit-
nesses and in the conduct of suits. she insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation or incur any
expense other than for such mediate medical and surgical relief to others
as shall be imperative at the time of accident.
S. Action Against Coruaara No action shall lie against the company unless,
Coverages. A and B as a condition precedent thereto, the insured
shall have fully complied with all the terns of this policy, nor until the
amount of the insured's obligation to pay shall have been finally determined
either by judgment against the insured after actual trial or by written
agreement of the insured, the claimant and the compaznq.
Any person or organization or.the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. No person or organization shall have any right under this policy
to join the company as a party to any action against the insured to determine
the insuredfs liability. Bankruptcy or insolvency of the insured or of the
insuredts estate shall not relieve the company of any of its obligations
hereunder.
Coverage C No action shall lie against the company unless, as a con-
dition precedent thereto, there shall have been full compliance with all
the terms on this policy nor until thirty days after proof of loss is filed
and the amount of loss is determined as provided in this policy.
9. Insured's Duties in Event of Loss. In the event of loss the insured
Coverage C
June 30, 1967.
(3) protect the property,'Vaether or not the loss is covered by this
policy, and any further loss due to the insuredts failure to pro—
tect shall not be recoverable under this policy; reasonable .
expenses incurred in affording such protection shall be deemed
incurred at the cempanyts request;
(b) file with the company, as soon as practicable after loss, his
sworn proof of loss in such form and including such information
as the company may reasonably require and shall, upon the com—
panyt s request, exhibit the damaged property.
Page 13.
10, Aonraisal If the insured and the company fail to agree as to the
Coverage C amount of loss, either may, within 60 days after the proof
of loss is filed, demand an appraisal of the loss. In such event the
insured and the company shat each select *a cc-rpetent appraiser, and the
appraisers shall select a'competent and disinterested umpire. The apprais—
ers shall state separately the actual cash value and the amount of loss and
failing to agree shall submit their differences to the =pine. An anard in
writing of any two shall determine the amount of loss. The insured and the
co.Lpa y shall each pay his chosen appraiser and shall bear equally the other
expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rights by any
act relating to appraisal.
11. Payment of Loss The company may pay for the loss in money but there
Coverage C shall be no abandonment of the darmaged property to
the company.
12. No Benefit to Bailee The insurance afforded by this policy shall not
Coverage C enure directly or indirectly to the benefit of
any carrier or bailee, other than the named insured, liable for loss to
the property.
13. Subrogation In the event of any payment under this policy, the com—
pany shall be subrogated to all the insured's rights of recovery therefor
against any person or organization and the insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure
such rights. The insured shall do nothing after loss to prejudice such
rights.
14. Anulicatien of Lnsurance The insurance afforded by this policy is
primary insurance.
15• Three Year Policy A policy period of three years is ecmprised of
three consecutive annual periods. Computation and adjustment of earned
premium shall be made at the end of each annual period. Aggregate limits
of liability as stated in this policy shall apply separately to each
annual period.
16. Changes Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a change in any part
of this policy or estop the company from asserting any right under the teras
of this policy; nor shall the terms of this policy be waived or changed,
L except by endorsement issued to fora a part of this policy[ signed by
(hese insert titles of authorized company officials
or reprasentatives); provided, however changes may be made in the written
portion of the declaration by (here insert titles
June 30, 1967.
of authorized company representatives) when initialed by such
(here insert titles of authorized company representatives) or by endorsement
issued to form a part of this policy signed by such (here
insert titles of authorized company representatives)] 1.
17. Assignment Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon.
18. Cancelation This policy may, be canceled by the named insured by
mailing to the company written notice stating when thereafter the cancela-
tion shall be effective. This policy may be canceled by the company by
mailing to the named insured, contractor and governmental authority at the
respective addresses shown in this policy written notice stating when not
less than thirty days thereafter such cancelation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancelation stated in the notice shall become the
end of the policy period. Delivery of such written notice either by the
named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in
accordance with the custo_ary short rate table and procedure.' If the com-
pany cancels, earned premium shall be computed pro rata. Premium adjust-
ment may be made either at the time cancelation is effected or as soon as
practicable after cancelation becomes effective, but pa -,went or tender of
unearned premium is not a condition of cancelation.
19. Declarations By acceptance of this policy the named insured agrees that
such statement in the declarations as are made by him are his agreements and
representations, that this policy is issued in reliance upon the truth of
such representations and that this policy embodies all agreements existing
between himself and the company or any of its agents relating to this insurance.
(For policy issued by one.company)
In witness whereof, the Blank Indemnity Company has caused this policy to
be signed by its president and a secretary at and countersigned
on the declarations page by a duly authorized.agent of the company.
(FACSI.ELE OF SIGNATURE) (FACSIMILE OF SIGNATURE)
Secretary President
(For policy issued by two companies)
In witness whereof, the Blank Indemnity Company has caused this policy
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at
and countersigned on the declarations page by a duly authorized
agent of the company.
(FACSII,11LE OF SIGNATURE) (FACSi D:L OF SIGNATURE)
Secretary President
In witness whereof, the Blank Insurance Company has caused this policy,
with respect to coverages and such other parts of the policy as
are applicable thereto, to be signed by its president and a secretary at
, and countersigned on the declarations page by a duly authorized agent
of the company.
(FACSI TLn OF SIGNATURE) (FACSI,•T.ILE OF SIGNATURE)
Secretary President
»m
8
Page 14.
r.
CITY OF SALIVA
• REQUEST FOR COMMISSION ACTION DAA
07/18/94 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
[TEM: Engineering
NO. 5
BY: Shawn 0' Learys;j BY:
Item
Agreement with Union Pacific Railroad Company for the upgrading of
the railroad crossing at Belmont and Magnolia.
Background
The 1994 Capital. Improvement Program calls for the upgrading of the
railroad crossing at the intersection of Belmont and Magnolia. The
crossing is 200 feet in length and configured in a southeasterly -
northwesterly direction.
Pursuant to the attached agreement with Union Pacific Railroad, the
crossing will be replaced with concrete panels similar to the North
Ninth Street crossings. The City's cost will be $30,000 to UPRR
plus the cost for traffic control and asphalt resurfacing. Union
Pacific Railroad, on the other hand, will provide all labor,
equipment and material to complete the work.
This project will be completed in August or September, 1994. The
intersection will be closed to through traffic, however some
turning movements may be allowed.
RECOMMENDATION
It is recommended that the City Commission approve the agreement
with the Union Pacific Railroad.
MOTION BY
THAT:
COMMISSION ACTION
SECOND BY
• RESOLUTION NUMBER 94-4763
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS AND UNION PACIFIC
RAILROAD COMPANY FOR THE UPGRADING OF THE RAILROAD CROSSING AT
BELMONT BOULEVARD AND MAGNOLIA ROAD.
Kansas: BE IT RESOLVED by the Governing Body of the City of Salina,
Section 1. That the Mayor is hereby authorized to execute the
agreement between the City of Salina, Kansas and Union Pacific Railroad
Company for the upgrading of the railroad crossing at Belmont Boulevard and
Magnolia Road.
Section 2. That this Resolution shall be in full force and effect
from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
18th day of July, 1994.
•
[SEAL]
ATTEST:
Judy D. Long, City Clerk
0
Joseph A. Warner, Mayor
•
CITY. ORIGINAL 811449 . PHC
THIS AGREEMENT, executed in duplicate this day
of , 19 , by and between UNION PACIFIC ROAD
COMPANY, a Utah corporation, (hereinafter the "Railroad") and the
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 Belmont Boulevard and Magnolia Road
crossing, at grade, along, over and across the Railroad's
track and right-of-way at Mile Post 547.96, McPherson
Subdivision (DOT No. 815073N) 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:
1. The Railroad shall furnish all labor, material,
• equipment, and supervision for, and shall (a) install a 200 -foot
concrete with rubber flange crossing, (b) relay 234 track feet of
rail, including crossties, ballast and fabric, and (c) retire the
existing timber crossing, all at the intersection of the Railroad's
track with Belmont Boulevard and Magnolia Road at Mile Post 547.96
in Salina, Kansas, as shown generally on print dated February 7,
1994, attached hereto and marked Exhibit "A."
2. Upon completion of the work, the Political Body
shall pay the Railroad the sum of Thirty Thousand Dollars
($30,000.00) as the Political Body's fixed portion of the costs of
the work performed and materials supplied by the Railroad pursuant
to section 1 above. Bill for work performed and materials supplied
by the Railroad shall be paid by the Political Body promptly upon
receipt thereof.
3. The Political Body agrees to provide, at its sole
cost and expense, all traffic control and street surface work
outside of the track tie ends.
4. The Railroad, at its cost, shall maintain the
crossing 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.
•
Articles of Agreement
Page 1 of 3
5. Fiber optic cable systems may be buried on the
Railroad's property. Protection of the fiber optic cable systems •
is of extreme importance since any break could disrupt service to
users resulting in business interruption and loss of revenue and
profits. Political Body shall telephone the Railroad at
1-800-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Railroad's premises to be used by the
Political Body. If it is, Political Body will telephone the
telecommunications company(ies) involved, arrange for a cable
locator, and make arrangements for relocation or other protection
of the fiber optic cable prior to beginning any work on the
Railroad's premises.
6. In addition to other indemnity provisions in this
agreement, the Political Body shall indemnify and hold the Railroad
harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) arising out of any act or omission of the
Political Body, its contractors, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any
telecommunications system on Railroad's property, (2) any injury to
or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property, and (3) any claim or cause of
action for alleged loss of profits or revenue by, or loss of
service by a customer or user of such telecommunication
company(ies).
7. If at any time any work on the Premises is•
performed
by the Political Body's Contractor/ Subcontractor, the Political
Body shall require its contractor to execute the Railroad's form
Contractor's Right of Entry Agreement. Political Body acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and
understanding of its terms, provisions, and requirements, and will
inform its contractor of the need to execute the Agreement. Under
no circumstances will Political Body's contractor be allowed onto
Railroad's premises without first executing the Contractor's Right
of Entry Agreement.
8. 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.
9. 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.
•
Articles of Agreement
Page 2 of 3
10. 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.
Attest:
• (Seal)
•
Articles of Agreement
Page 3 of 3
UNION PACIFIC RAILROAD COMPANY
Title:
Gen. Director -Design
CITY OF SALINA
By
1LS
Pursuant to Resolution/Order dated
hereto attached. 19 ,
3 =3#j
=T� D
SIGNAL CASE
INSTALL 200' CONCRETE W/RUBBER FLANGE CROSSING.
RELAY 234 T.F. OF 1311 JT'0 RAIL WITH 273 T.F.
1331 WELDED RAIL. REQUIRES OTN, 10' CROSSTIES,
BALLAST, AND FABRIC. RETIRE 190' TINBER CROSSIN
MCPHERSON SUB
Cl
EXHIBIT "H" ---
UNION PACIFIC RAILROAD COMPANY
SALINA, KANSAS
BELMONT BLVD & MAGNOLIA ROAD
DOT 815073N, M.P. 547.96 MCPHERSON SUB
Install 200' precast concrete crossing w/rubber •
flangeways, relay rail, install crosst-es, ballast
and fabric, retire existing timoer crossing.
NOT DRAWN TO
rraaiiepv 7^,o,i
E
1
Res
City
WHEREAS, UPIIOTi PP_CIFIC._RAILROAD COMPA11Y has tenddred.•:
to CITY OF. SALIVA, STATE OF XX;SAS, an agreement covering the
lease of oremises::for highwdy aurposes'at Salina, Kansas; such
agreement being identified in �,.he records.of the Railroad
Compaay'as.-its C.D. No. 53538; and
wHEREAS, the Council of the City of S ;..p�
has said proposecY agreement before.it and has given it careful
review and consideration; and
WHEREAS, it is considered that the best interests of
said City of 4 n4 xA will be
subserved by. the acceptance or said agreemen
THEREFORE, BE IT RESOLVED BY -THE COUNCIL OF THE
CITY OF SALI`IA, STATE OF _ XISAS .
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be,.and the same are
hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, em-
powered and directed to execute said agreement on behalf of said
City,.and that the City Clerk of said City is hereby authorized
and directed to attest said agreement and to attach to each dup-
licate original of said agreement a certified copy of this
resolution.
STATE OF
ss
COUNTY OF SI%LT• � :)
City Clerk of the
City of hereby certify that the above
and foregoing'is a true, iul and correct copy of a resolution
adopted by the Council of the City of sal _,;. C11-- nf a„aG ,
at a meeting held according to law at Saline. ::ansns
on the 3+a day of ��, ,� -'L t—, . 1940 , as
the same appears on file and of.recorc _.. osis o:zice.
IN TESTIMONY WHEREOF, I have cereur.to set my hand and
affixed the corporate seal of said City, this
F� day of�,_� a .L . 191”
(Seal)
Cita Clerk of the City cf Salina,
Sta:e of 3:ansas
v
WHEREAS, UPIIOTi PP_CIFIC._RAILROAD COMPA11Y has tenddred.•:
to CITY OF. SALIVA, STATE OF XX;SAS, an agreement covering the
lease of oremises::for highwdy aurposes'at Salina, Kansas; such
agreement being identified in �,.he records.of the Railroad
Compaay'as.-its C.D. No. 53538; and
wHEREAS, the Council of the City of S ;..p�
has said proposecY agreement before.it and has given it careful
review and consideration; and
WHEREAS, it is considered that the best interests of
said City of 4 n4 xA will be
subserved by. the acceptance or said agreemen
THEREFORE, BE IT RESOLVED BY -THE COUNCIL OF THE
CITY OF SALI`IA, STATE OF _ XISAS .
That the terms of the agreement submitted by Union
Pacific Railroad Company as aforesaid be,.and the same are
hereby, accepted in behalf of said City;
That the Mayor of said City is hereby authorized, em-
powered and directed to execute said agreement on behalf of said
City,.and that the City Clerk of said City is hereby authorized
and directed to attest said agreement and to attach to each dup-
licate original of said agreement a certified copy of this
resolution.
STATE OF
ss
COUNTY OF SI%LT• � :)
City Clerk of the
City of hereby certify that the above
and foregoing'is a true, iul and correct copy of a resolution
adopted by the Council of the City of sal _,;. C11-- nf a„aG ,
at a meeting held according to law at Saline. ::ansns
on the 3+a day of ��, ,� -'L t—, . 1940 , as
the same appears on file and of.recorc _.. osis o:zice.
IN TESTIMONY WHEREOF, I have cereur.to set my hand and
affixed the corporate seal of said City, this
F� day of�,_� a .L . 191”
(Seal)
Cita Clerk of the City cf Salina,
Sta:e of 3:ansas
L. O. BENGTSON, CITY ATTORNEY
.114 EAST IRON P.O. BOX 903
SALINA. KANSAS 67401
AREA CODE 913 8232244
April 6, 1984
Union Pacific Railroad Co.
Law Department
1416 Dodge Street
Omaha, Nebraska 68.79 Py
ATIWION: Brenda J. Warren
Assistant General Attorney
Dear Ms. Warren:
I have your letter of April 5, 1984, in which you make reference to
my letter of May 18, 1983, in which the City of Salina indicated that it
was not interested in entering into an agreement whereby the Union
Pacific Railroad Campany granted it permission to cross its railroad
tracks at the intersection of Magnolia and Belmont Boulevard. As I have
Previously indicated, it has been the position of the City of Salina,
and still is, that all section line roads were dedicated to the general
public for road purposes and there is no necessity for the City securing
permission fr n the railroad to use the same.
In regards to the crossing agreement at Edward Street, this was a
street which was dedicated for public use after the railroad had acquired
its right-of-way and in view thereof we did feel it necessary to secure
permission to cross the right-of-way.
I trust that this will clarify the position of the City of Salina,
Kansas, in regards to these crossings.
very truly yours,
L. O. Bengtson
City Attorney
MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
UNION PACIFIC RAILROAD COMPANY
ENGINEERING DEPARTMENT
R. M. BROWN
CHIEF ENGINEER
May 10, 1983
A - 14892 -Salina
City of Salina
City -County Building
300 West Ash Street
Salina, Kansas 67401
Gentlemen:
1416 DODGE STREET
OMAHA, NEBRASKA 68179
This is in reference to crossing of Union Pacific
Railroad Company tracks with Belmont Boulevard and Magnolia
Road, M.P. 4.04 McPherson Branch, Salina, Kansas.
Attached are duplicate originals of an agreement
assigned C.D. No. 53538-2 between the City of Salina and
Union Pacific Railroad Company covering the right to use
Railroad Company property for public roadway purposes which
have been executed on behalf of the Railroad.
After execution on behalf of the City, please
return the UPRR counterpart to me.
Yours very truly,
a in •Arco -r c� h
rri
- - ------------------
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