Santa Fe, Ohio & Ninth Street Rehabilitation Street Crossing AgreementDEPARTMENT OF ENGINEERING AND UTILITIES
DONALD E. HOFF, P.E., D"a., • SHAWN O'LEARY, P.E., ni .t Dtr .,
$13itla
300 West Ash Street • P.O. Box 736 • Salina, Kansas 67402-0736
TELEPHONE (913) 826-7290 • FAX (913) 826-7244 t l l l l l
July 19, 1994
Mr. Stephen P. Selby
Central Kansas Railway, Inc.
1825 West Harry
Wichita, Kansas 67213
Dear Mr. Selby:
Re: Railroad Crossing Agreement
Please find attached the signed agreement and resolution for
Crossing Nos. 7, 11 and 12 on Santa Fe Avenue. It appears that
Union Pacific Railroad is going to schedule a September, 1994
construction period for this project.
Thank you for your cooperation
you on this important project.
mp
We look forward to working with
lawn
rely,I
O'Leary, E.
Santa Fe Street
Salina, Kansas
THIS AGREEMENT, made this /3w, day of 1994 by and
between CENTRAL KANSAS RAILWAY, L.L.C., a Kansas invited liability
company (hereinafter the "Railroad"), and the City of Salina,
Kansas, a Municipal Corporation of the State of Kansas (hereinafter
the "Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to improve two
existing crossings, and remove another, at grade, along, over and
across the Railroad's track and right of way at Santa Fe Street in
Salina, KS in Saline County, to which the Railroad is agreeable,
but solely upon the terms and conditions hereinafter set forth.
AGREEMENT:
NOW THEREFORE, in consideration of the premises and of the
promises and conditions hereinafter set forth, the parties hereto
agree as follows:
1. The railroad shall furnish all labor, material,' equipment
and supervision for, and shall (a) remove the existing crossing and
(b) install two eighty foot (801) of precast concrete crossing, and
(c) renew crossties and ballast, all at the intersection of the
Railroad's tracks with Santa Fe Street on its Main Track and on its
Side Track, identified as Nos. 11 & 12, as shown generally on the
Print attached hereto and marked Exhibit "A".
2. Upon completion of the crossing improvements, the
Political Body shall pay the Railroad the sum of Twenty Four
thousand ($ 24,000) as the Political Body's portion of the costs
of the work performed and materials supplied by the Railroad
pursuant to Section 1 above.
3. Railroad will remove the track material from Crossing No.
7 and the Political Body will fill, grade, pave and restore the
roadway in this crossing area at the Political Body's expense.
4. 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.
5. This agreement shall inure to or bind each party's
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agreement as of the date and year first hereinabove written.
CENTRAL KANSAS RAILWAY, L.L.C.
By: L�
Steph P. Selby, President
CITY OF SALINA, KS
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A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS AND CENTRAL KANSAS
RAILWAY, L.L.C. FOR THE UPGRADING OF RAILROAD CROSSINGS ON SANTA
FE AVENUE.
se A. Warner, May
[SEAL]
ATTEST:
dy ong, CityIrk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I
I, Judy D. Long, City Clerk of the City of Salina, Kansas, do hereby'
certify that Resolution Number 94-4762 was adopted by the Board of
Commissioners at its regular meeting on July 18, 1994, and that the above and:
lZ g is a true and correct copy of the original on file in my office.
.Sq�
'•., ��y WITNESS my hand and official seal this 19th day of July, 1994.
gGArrNIXE-d �, 9 ,
1870AL)` �n
i a
Aity ng
�, lerk
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 Central Kansas
Railway,
L.L.C. for the upgrading
of
railroad crossings on
Santa Fe Avenue.
I
Section
2. That
this
Resolution shall
be in full force
and effect
from and after its
adoption.
I
Adopted
by the Board
of Commissioners
and signed by the
Mayor this
ill
18th day of July,
1994.
se A. Warner, May
[SEAL]
ATTEST:
dy ong, CityIrk
STATE OF KANSAS )
SS
COUNTY OF SALINE )
I
I, Judy D. Long, City Clerk of the City of Salina, Kansas, do hereby'
certify that Resolution Number 94-4762 was adopted by the Board of
Commissioners at its regular meeting on July 18, 1994, and that the above and:
lZ g is a true and correct copy of the original on file in my office.
.Sq�
'•., ��y WITNESS my hand and official seal this 19th day of July, 1994.
gGArrNIXE-d �, 9 ,
1870AL)` �n
i a
Aity ng
�, lerk