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<br />BEFORE THE MINNESOTA TRANSPORTATION REGULATION BOARD <br /> <br />Roger A. Laufenburger <br />Eldon E. Keehr <br />Lorraine E. Mayasich <br /> <br />Chairman <br />Board Member <br />Board ~1ember <br /> <br />F/~CEJVttJ <br />JUl .., << <br />1988 <br /> <br />In the Matter of the Application <br />of Burlington Northern Railroad Co., <br />176 E. 5th St., St. Paul, MN 55101, <br />for an Order Authorizing and Approv- <br />ing the Closure of the Public Grade <br />Crossing at Puma St. in the City of <br />Ramsey, MN, Pursuant to the Provi- <br />sions of MN Stat. 219.27 (1986). <br /> <br />ORDER AFTER OPPORTUNITY FOR HEARING <br /> <br />FILE NO. D-5291-a <br /> <br />ORDER NO. R-4161 <br /> <br />PROCEDURAL HISTORY <br /> <br />On October 29, 1987, the Burlington Northern Railroad Co. (Railroad) <br />filed a petition with the Transportation Regulation Board (Board) to close the <br />public grade crossing at Puma Street in the City of Ramsey, MN, pursuant toMtJ <br />Stat. 219.27 (1986). The matter was consolidated for a hearing with a <br />proceeding pending before the Commissioner of Transportation regarding the <br />establishment of a public grade crossing in the City of Ramsey, OAH Docket <br />Nos. DOT-88-002-RD and 3-3000-1850-2. <br /> <br />The hearing was scheduled to take place on December 17 and 18, 1987 <br />in Ramsey, MN before an Administrative Law Judge (ALJ) of the State Office of <br />Administrative Hearings. The ALJ, by letter to the Board dated April 21, <br />1988, stated that all parties had entered into a Stipulated Agreement to <br />settle the matter which negated the need for a hearing. <br /> <br />The Stipulated Agreement, as signed by representatives of the City of <br />Ramsey, Burlington Northern Railroad Co., MN Dept. of Transportation and North <br />Fork, Inc. states in relevant part as follows: <br /> <br />c. Puma Street Railroad Crossing. <br /> <br />. 22. That the application of Burlington Northern to close the public <br />grade crossing at Puma St. in the city will be granted. . <br /> <br />23. That the city will cooperate in facilitating the public closure <br />of the Puma St. railroad crossing. <br /> <br />24. That the closure of the public grade crossing at Puma St. will <br />occur as of the date the Dayton Public grade crossing is opened for public use. <br /> <br />25. That Burlington Northern will permit the existing at-grade <br />railroad crossing on Puma St. to remain physically open for limited use as a <br />private crossing, to be used by residents residing on Puma St. adjacent <br />landowners and city maintenance vehicles and equipment. <br /> <br />~\ <br /> <br />~ <br />