Belmont & Magnolia Railroad Crossing ImprovementsDEPARTMENT OF ENGINEERING AND UTILITIES
DONALD E. HOFF, P.E.. Dtr ., • SHAWN O'LEARY, P.E., A .l Dlw . Satin
300 West Ash Street • P.O. Boz 736 • Salina, Kansas 67402-0736
TELEPHONE (913) 826-7290 • FAX (913( 826-7244 I III'
July 19, 1994
Mr. Cliff Shoemaker
Union Pacific Railroad Company
1416 Dodge Street
Omaha, Nebraska 68179
Dear Mr. Shoemaker:
Re: Railroad Crossing Agreement, Belmont and Magnolia
Please find attached the signed agreement and resolution for the
captioned railroad crossing.
Thank you for your cooperation.
you on this project in September,
vagi
cc: Larry Rudolph, UPRR
J
We look forward to working with
1994
Si cerely,,
Shawn O'LearyLk. E.
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.
Section 2. That this Resolution shall be in full force and effect
II from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this j
li
ii 18th day of July, 1994.
l
964sepVl(��gan'er 744`yor
;I I
ii [SEAL]
it ATTEST:
:Judy D. ong, City C rk
I
I
I
I
I
i STATE OF KANSAS )
II COUNTY OF SALINE )) SS j
I, Judy D. Long, City Clerk of the City of Salina, Kansas, do hereby
certify that Resolution Number 94-4763 was adopted by the Board of
i; Commissioners at its regular meeting on July 18, 1994, and that the above and
fore is a true and correct copy of the original on file in my office.
G�S'I or
,.. ;4� L ESS my hand and official seal this 19th day of July, 1994.
UsiALI
.71
Q; {
In Ju D Long
.....
y Clerk
4r
BE IT
RESOLVED
by the Governing Body of the City of Salina,
Kansas:
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
II from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this j
li
ii 18th day of July, 1994.
l
964sepVl(��gan'er 744`yor
;I I
ii [SEAL]
it ATTEST:
:Judy D. ong, City C rk
I
I
I
I
I
i STATE OF KANSAS )
II COUNTY OF SALINE )) SS j
I, Judy D. Long, City Clerk of the City of Salina, Kansas, do hereby
certify that Resolution Number 94-4763 was adopted by the Board of
i; Commissioners at its regular meeting on July 18, 1994, and that the above and
fore is a true and correct copy of the original on file in my office.
G�S'I or
,.. ;4� L ESS my hand and official seal this 19th day of July, 1994.
UsiALI
.71
Q; {
In Ju D Long
.....
y Clerk
4r
J CM.. ORIGINAL: 8114 4 9 . PHC
T IS AGREEMENT, xecuted in duplicate this 13 Wday
of , 19by and between UNION PACIFIC RAILROAD
COMPANY, a aah corporation, (hereinafter the "Railroad") and the
CITY OF SALINA, a municipal corporation of the State of Kansas
(hereinafter the "Political Body"), WITNESSETH:
ALS:
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.
RECIT
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
I
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:
UNION PACIFIC RAILROAD COMPANY
By c-�2 �i/�Z�
Title:
. Gen. Director -Design
CITY OF SALINA
B ✓
is
(Seal)
Pursuantt Resolution/Order date
—�j /8 , 199z,
hereto att ched.
Articles of Agreement
Page 3 of'3-
JT'D RA
1�
SIGNAL CASE
INSTALL 200' CONCRETE M/RUBBER FLANGE CROSSING.
RELAY 234 T.F. OF 131# 0T'D RAIL WITH 213 T.F. Of
133# WELDED RAIL. REQUIRES OTM, 10' CROSSTIES,
BALLAST, AND FABRIC. RETIRE 190' TIMBER CROSSING.
MCPHERSON SUB
EXHIBIT "A" -
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 crossties, ballast
and fabric, retire existing timber crossing.
NOT DRAWN TO SCALE
CCDDIIADV 7 1oon