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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 j.. Y ' j/ j fly// 'H1'% .`/• 1t� /. /. l / / / '.�/ i � t / 7 !. .'1 \ / ' 1 t1JI� '0/ +. /r •ys.. r�:j /` /r % Vii` orrC /? 49 Y.J °v '/ %I. a':, 7 i (/ / �S � 'nom• T ' ';ti''a ./ q�% ` \•' }'. - /.•�6�/ / / . i Jam': �� Sir iif r b.. dp { ro - � / , i. � % :: r ;i •' •' �,. � v 1 / -`�Q /'.93+34 F, ,� 75.G LT. If A � _ � 1. / �.\ xi°/'il•�, p'PX � C' �' .,q .0 x a -.. t ` ShellnborgerOffice •BIiJ959b1�.92+245 'ol C. df�Up1U ,p'�v i r 1 r �•t 't t'/.5 'x 41� NE 15 .EI BLddmg1327Imt 90+91" vI •'�' i 1t�j tt W'iRFrpB \1y.., =o r. t t w-c w j � 6 EF.Svllehmona Sh my 91 Lt 89.52 / a � \ Q' i `\_, / / /_.i Dvui13P.B.L1.99,.t51 i•, , 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