Agenda - Council - 01/24/1989 - Laserfiche WebLink

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RAMSEY, MINNESOTA CONSTRUCTION AND MAINTENANCE AGREEMENT 153rd Ave. NH M.P. 34.01 L,S. 25 Puma St. M.P. 32.61 L.S. 25 AGREEMENT, made this day of , lg .., between City of Ramsey, hereinafter called the "City" and BURLINGTON NORTHERN RAILROAD CONPARY, a Delaware Corporation, hereinafter called the "Railroad"; NITNESSETH: HHEREAS, in the interest of aiding motor vehicle traffic, the City proposes to construct a new at grade public crossing for 153rd Ave. NN per Commission ExParte Order R-4155 dated June 29, lgBB, the center line of which crosses Railroad's right of way and track at Railroad Milepost 34.01 and close the public grade crossing at Puma St. per Commission Order R4161 dated June 29, 1988, the center line of which crosses Railroad's right of way and track at Milepost 32.61 on Railroad's 5th Subdivision located in Ramsey, Minnesota; and WHEREAS, the City agrees to enter into a private crossing agreement with the Railroad for the Puma St. grade crossing; and NHEREAS, in connection with said highway construction, the City is desirous of acquiring a permanent easement for encroachment on Railroad's right of way, as shown on Exhibit "A", a:tached hereto and by this reference made a part hereof; and NHEREAS, the parties hereto desire the said project to be constructed in accordance with plans and specifications ~o be prepared by the City; and WHEREAS, in connection with said project, it will be necessary for the Railroad to perform certain work on its facilities; and WHEREAS, City is willing to undertake the construction of said project with available funds and Railroad is willing to consent to the execution of City's project upon the terms and conditions herein stated and not otherwise; NON, T~EREFORE, in consideration of the premises and the mutual dependent promises hereinafter contained, the parties agree as follows: -1 - /o2