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HomeMy WebLinkAboutResolution #1151RESOLUTION NO . ~ ~I 5 ~ A RESOLUTION APPROVING AN "AGREEMENT FOR PRIVATE OR FARM CROSSING" BETWEEN THE CITY OF CANTON AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS WHEREAS, the Canton City Council has determined that it is necessary and in the best interest of the City of Canton to enter into an "Agreement For Private or Farm Crossing" with the Atchison, Topeka and Santa Fe Railway for permission to cross for private purpose the right-of-way and tracks of the Railway Company as set forth in Exhibit "A" hereto attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That Exhibit "A" hereto attached and herein incorporated by reference is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute originals of Exhibit "A" and to deliver the same on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this i K+h day of Apr11 1986, -~~,-- upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Work.m~n, Sarff, Steck, Zilly, Kovacfievich. NAYS: None. ABSENT : N one . APPROVED: i ~~ l Donald E. Edwards, Mayor ATTEST: N -cy Whi s, City Clerk .~ The Atchison, Topeka and Santa Fe Railway Company Santa Fe ~ ~ 920 S.E. Quincy St. P.o. Box 173s April 7, 1986 Topeka, Kansas 66628 City of Canton 210 East Chestnut Canton, Illinois 61520 Gentlemen: GY-5355 This has reference to your project "South Side Relief Sewer" relating to various utility pipeline crossings, with particular reference to upgrading and using an existing 10-foot private road crossing, as well as use of approximately a 5-foot encroachment along our property for trench excavation and/or piling of excavated material on a temporary basis during construction of the sewer. We are agreeable to entering into license agreements with the City, covering both the private road crossing and the temporary encroachment and I am enclosing herewith, each in duplicate, license agreements for your further handling for proper execution by the mayor, attested by the city clerk, and return of the ribbon originals stamped "Santa Fe Original", together with the stipulated compensation of each agreement. The agreement covering the temporary encroachment is based on our minimum annual rental charge of $100.00, and the private crossing agreement is based on a one-time license fee of $250.00, and all other gradings of approaches, maintenance, etc., would be entirely at the City's expense. After the agreements have been properly executed and attested, please return the ribbon originals stamped "Santa Fe Original" to this office. Shall appreciate your also inserting the effective date in Section 1 of the license agreement covering encroachment for the temporary storage of excavated material. The other various utility be forwarded under separate cover. furnished to Consulting Engineers information. line agreements are being prepared and will I am allowing a copy of this letter to be Crawford, Murphy & Tilly, Inc., for their .4 Santa Fe Southern Pacitic Company - 2 - If you have any questions concerning this matter, please contact Jack Dick, telephone (913) 357-2228. Yours truly, R. L. Banion General Manager cc: Crawford, Murphy & Tilley, Inc. Consulting Engineers 2750 West Washington Street Springfield, Illinois 62702 Attention: Ted LaBelle 4083a/2228/1 Af~tEEI~NT FC)R PRIVATE OR FAR! ~©SSING AGREEMENT, ~9arie this 25th day of March 1~r36, between THE ATCNISON, T[~EKA AtIG SAN ffi~'FE RA~CLI~AY ~MPAi~Y, a !3e1~~~ir~ corporation (hereinafiter called the "Railway Company"), party of the first part; anti CITY f3F CANTQt~ a munic~, al cn oration of try State of Zllinr~is e~ na .er w ~ .her now or morn persr~ns ar, corparat ans ca ; ed tt'te eGUr1r~ Pa*ty"), party nfi the second hart. RECITALS ThP Secrlncl Party has regtl~'St°'.t~ of tV1r~ Ra±.1M~y Company pe:c,~eissian to cross fior private purposes the right-af-way and tracks of ti~-e Railway Compar-y at the l.cac:~t{.nn anti in the manner shoti~n upon th*~ print heTetc attache:, IVa. 1-A51g7 elated FehrtrarY. ~7~ 198 marV{r~~i "ExhiV:~it A," arr~ hereby made %~ par_+~ ,~rPOfi, wt~#ch c~.~*r~s,•sion hn a.i.l~ia~~ t:.amp~ny is ~ail:tin-~ tc~ ~~rant ~r~r- cranclitir~ns hereinafter set forth. ARTICLtW I AGREEMENT: In cr?nsit~ia~ration of the' covenants of thr, Si~e~nnt~ Party r-;ercain-after set fiorth, the Railway Carnpt~ny hereby agrees to construct and instal:! a crassirEg in the lc~ratl.nn shown -..~pran said Exh.iG~it A, incli3r3in=~, .f cf:~ni~.lu.rerl n:~cessar-y by tt~ Railway Cc~npany, crossing signs, whistlir~ posts and r~cessary gates or vehiclr~ catt~.e q-.iards in R;~?.lway Car~n:~r~y's fienrr:~s, if any, as alsr shc~wr- nn sairi e±xh.h~.t; and hereb;~r-ivns to the Second Party license and permission to ~?^ts~r t~pnn anrt cross Ra{ lway Ct~~ar*y's ric~V~t-af-way anC± tr=~ci~ ar tr<~cV.s. Fir convenience, said crossing, includirx~ gates, veVyicle cattle guards, Grassing evarnirx7 ~levicas, cxrsssins~ si!~ns an!~1 whistl~Lng post7, if :tiny, are t~erF:.,inafter collectively referrer4 t~ as the "Crossing." ARTICLE II In consir_ieration ofi the foregoing license anal permission given by the Rail~aav Cc~mt~any the Second Party hereby agrr'es: 1. Try pay of $25Q. C3Cl and in Crossing, the r_ost t$ (ex~stin SUCK eStik?1A ref+mderl by to the Railway Company in a~jvanGe art±iita.on thereto thr= t~itire cost so to be hnrna by the Secon~~ Party orsi.nal • 11 let t[:. Q1„w 4[.147-{. [w ~.J iiW [.f I4-~F G'J~ ~~Il~.i. teri cast t"-e ~ijffe~ncA shat~t paid the Railway Company as th? case may be. a one-tia~~ license fee of c:~nstruction ;~f t; to being V~~ereVay estimated Coll;~~°s prove r,~mre car ess than '~y the: Second Party or 3-~-~i 5-l S?_~-A 1151!. ? • To pay tr~r ttie Rai l~rlay rornpany f r~at~ t~.rne tea tune with>.n twent,~ (2Q) nays after hills are rendered therefrar tip entir€~ cost of maintainir~ the Crns~#r~, inrlrrrtint~, hdJt nc~t limit~r# trs expense ?nr:+axrrt;d by Railvray Cr~n~;~ny rAsultinq from the necessity tra remove and replace the Crossing in connection w9th rr~>arrfacinq 7r ma.sntatn3r-g Rai1w~}+ Goc~pany's rj~~tlt of way and tracr.s. 3, Exc+~pt when said gates are beirx~ apr~ne'd tea allhw ingress tc~ or Pc~r%~ss f^om sari ri+raht-r?f-way, to keep sai.~i dates closed grad securaly fastertPd. 4. That it will at al ~. t3,mes i.ndernnify and save harmless the P,ailway Company against all claims, demands, actions, or causes of action, arising or growing cn.rt of loss of n* darnagP to prop-r.,rty car injury to or <<leatt} taf pees>~ns or live stock, resultin!~ in any manner fran tip construction, maintenancr~, use, s"sltp of rpnair, nr presence of tho Crossing aeon the RaiLwvay Cc~pany's premises, or the removal of sair! Crossing th^refrom, and shall promptly pay to the Ra 9.? wav Crar~;~ny t6~~r~ full amount of any ? ~a~~s or darrag~ t~h~.cl~i ttia Rail~tay Company may sustain, incur, or become liakalr= fray, an~3 al.l sums which the Ra{. tway Comn:~nv may pay car °~ ra7ntpellr::d era pay in settlement of any c~.aim can account thereof. 5. In th+~ evr~nt r7f thr~ terminatir~n of tsiis License ane3 p~;rr~,ission as hereinafter in Article III provided, the Railway Company may rempve the Crossing and ?store tyre a~,jo.ninc~ fa~nces an{1 thQ rigtat-of-way to tt~ei~ condition at the date of this agreement without therery incurrirx~ any l.i ah{ li.ty tq thP. Secnn*i Party of any rhar~:cter ~vt~at+?ver, as7~~ the Sect)nC9 Party sha11 within twenty (2Q) days aftr~r bill is rendered therefor, reimburse the Railway Canny fnr. 311. expense ~ehich tae Railway Company ~,-~y .i.n^ur ir7 conrx~ction therewith. h. Wh.iln this licensra an~i pa?rmi.ssi~?n is pe:~sona:l t;:a t~ze Sec:~nd Party, the servants, loges and agents of the Second Party, it is reccagnize~~ that thr're i~ likelihr~or± of t"-ap Crossing sung us~ad !~y :.rnauthr~~~ize±i perstans, and said Second Party agrees that fox the purposes of t;1is agreement all persons using the Crossin~t sh~~tl s,e deemed t!~e ac7ont4a of td~r~* Secc3nai Party. 7. (a) Notwithstandir-g =any ot~~er provisinns of this agreement, Secnn~i P~.rtq/ shall crxn~aZ.y a~it'~ all statutes, or~ii.nances, rules, regulaticans, orders and decisions (hereinafter referred to as "Standards"), issued +:ay any fQr'ieral, State or ?acaL gc~verramentaJ.. hra:-iy ar .~r~c~ncy csta±~lis`-~ef1 t~~7erehy (he!rainafter referas~i to as "Authority"), relatirui to Second Party's use pf Ra4.l.~aav Company's prcapArty -;~r~±t,lnt~~!;.. I~± :its aase of told premise;, S~;cun=~ Party shall at all times t~ in fu11 compliance ~.+it`a all Standards, present or fa~tr_rrn, srt by any A:ath+~r.3.*y, includi;-rc~, ~~.at na~at l.i.rnit~d t~.~, Starac#ards eanetaminr~ air quality, water quality, noise, hazarrjous substances and hazar*tn~rs waste. In the event Secranc Party fails to {x= i~a f~a11 corrap.iiance with Standards set by any Authority, Railway Company may, after givinrd reasonah3.e rtnti_ce raf t~~g fa3.lt.arQ to Second P;arty, artd Snca~ncl Party, a~ithin thirty (3q) days of such notice, faila either trJ correct suer, non-compliance or to g1vA w*i.ttpn r~t?ce era the Raila~ay Crsrr>p,any ref i.ts intent tc, contest the allegation of noncompliance before the authority Pstakalishing the Standard or in an~r ether prnoex fnr~.~r, tal~re 4vhatever act~i.z~n i.s necessary to protect tl~f~ premises and Railway Company's railroad arr~i other adjacent ~roperty. Second Party s'~=a~i -r~m'~+.r*5e the Railway ~:ompany f~~r all rests irscauriin:;i t~~.~t nr~t - ~ 3-A-85-122-A/151L limitR;~ to, cr?nsul t~Inc~, enn.~.neFring, clean-~..tp and r~ispns;~l casts, and laga2 costs) incurred by the Railway Company in crxttplyitx~ with such 5tancJards, and also gt_tCh CrlstS i.ncurrrad by t?~e Rail,iray Comraany in 3ta~~t.irar~ a vial~~tion of sacra Standards, protecting against a threatened violation of such Standards, r~efpnr+ing an~f claim of vi.alat.i.vn of such Stanrt~~rds i.n any t7roceex.~inr~ uefore any Authority or Court, ani-! paying any fines car penalties imposed far sucl-t vfc~1.<atfnns. Secants Party si~a!.1 xss~.u~e lia~aility f{ar and shall Save r:~n:~ ra~al~~ harmless the Railway Cor~aany from any claim of a violation of such Standards renzrdl.ess of t;,n nature tw~ere±af c,r t'he Ruthority r~r ~rst~n asserting suco7 claim, which results fr!~m Second Party's use caf Railway Company's premises, whathnr such claim ar.~sns in whc;l^ or in part fr.rJr~ the negligence car alleged negligence of thn Railway Corr~any car otherwise. Second party, at its cast, shalt. assn. the defenses nA ?11 s~,sch claims regardless ,7f w!-~~;tr-cr trey are asserted against Second Party or Railway Crxnpany. ("~) Upon written nr~ticra frram Rail~vay Company, Second Party a~.~rees to assume the defense of any lawsuit, arbninistrative action or other rarnr..r~ed3.ng hrc~E.xaht against Rail~~~y Cr~uunpar~y by any pu`~lie body, individual, partrmrship, corporation, or ether ler~al entity, relating to any matter c`rave7Ced hY t~i,5 agrAt~ment for. whi,cf`7 ScconF:i Party has an okalic~ation to a~ssurne liability tc~r. anc~/or ts~ save and hold harmless the Railway Company. Second Warty shat.l. day a1.1 the crests incidr~nt tn~ suc~~ =defense, inclu~tin~~, but r7ot limiters to, attorneys' fees, investigators' fees, litigation expenses, Sr?ttl.c?1~Pr1t ta~vments, anr~ amounts pai~9 3.n satisfs3Ctian ref ,~~..tdgmr:nts. Aray an~~ all .lawsuits esr administrative actions brought car threatened on any theory of rel_iAf availahlp at .law, 1n et~ui.ty or under the rule's of any a~~;iministratve agency shall he covered say this Sectl.nn, including, kut oat limited to, tt`te thr~ari.es of intentional misconduct, negligence, ~arE~~ch of stdt~,~te ar ordinance, ra* ucaon env theory created by stat~atp ar orrfinanc:e, state car fr~rieral. €3. (a) Secnn~~ Party covenants tha#~. it w.i:ll rat ;candle tar transport ewer the Crossing ran Railway Company's property "hazardous waste" or "hazaC~fDUS SUhSt~nCBS," aS "h~Z~lrr'~C]US ws~St.~'" artd "l~Zc1T''_#t3US S4J~~Stc1IlG~'S„ fitly now or to the tutuxp be definers key any fe~Ser:~l, state, tar local f~overnmerital a!lpncy tar hr-riy. In the ev>?nt tine trossir,g i f r~~a o~ 4n t°°te future used in transporting o+' "hafzardaus ~aaste" or "hazardous substances," Second P~frty arlre+a5 fully to cramply with atl applic:akatr* f;~rleral, stag;, ~n~~ local laws, ri.~les, ret~ulatirsns, orders, decis9.ons and arclinanccs (hereinafter referrec9 to aS ".~st.~nri~rt'IS"~ Crancernintt "hdZ3Tft7tlS wraate" and "~`lr~~;~r~aG15 `>u`'1:;t~t1C~?S." Secrand Party furth+~r agrees periodically tea furnisP- Railway Company with nranf, sati.s.factrary tc~ Rr~il~~~y Cors~~aany that Second Party is in such crxnpl.iance. Shoulri Secr~nr_~ Party naY. comply fully with the ai~ove-stated o!,l.ir~ati.ons of th1.S Sertinn, n7twithstsndznq anything rr,ntait~d in any +.~ti~~er nrravisirm hAreraf , Railway Crtmpany may, at zts caption, terminate this agreement by sprvi.ng five (~) nays' nratice caf ter+}tin~ti_an upran Secan~i Party; lout any waiver by 9~ailway Crx~any of any breach of Second Party's obligations sha11 nr~fi cr-nst~tute a waiver of the ziq~it tea terminate this agreement far :~fiy sutasequent hz~ach which may occur, nr to enforce any ether provision of the ar7rp`~men!-. Upon t;erminatian, Railway (..nmpany may repave the~ rea:~5irzr~ and restarc~ Railway Company's pr~erty as herein else:whe~ provided. - 3 - 3-4-E35-1~~'?A/151 {1a) Notwithstanding anythirx~ contained in the liability Section hereof, in case of a breach of the oblicOations contained in this Section, or any of them, regardless of the negligence car alle~~ed negligence of Railway Company, Second Party agrees to assume liability for and to save and hold harmless Railway Company from and against all in,jurie~ to ~~ny person arxi damage to property, including without limitation, employes and property of Railway Company and Second Party and all relate~~ expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part from Second Party's failure to comply with any Standard issued by any governmental authority concerning hazardous su;astar~es anz4lor hazardous waste. S+PCOnd Party, at its cast, shall asstxr-e the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are ass~:rted against Railway inrnpany nr 5eccmd Party. Second Party also agrees to reimburse Railway Company for all costs of any kind incurred as a result of the SPCOnc# Party'S failure to cc~nply with this Section, including, taut not limited to, fines, penalties, clean-up anri disposal costs, and legal costs incurred as a result :~f Second Party's handling, transporting, or disposing of "hazardous waste" or "hazardous suhstanc~zs" ran the property of Railway Corr~aany. Cc) It is understood and agreed that a Second Party wrro does not now, or in the future, generator, handle transport, treat, store or :iispose of on Railway Company's property "hazard'ous waste" or "hazardous substances" within the meaning of th~.s Section, is not subject to the provisions of Section 8 (h) hereof. ARTICt_E III 1. It is mutually agreed that this license ark perr:iission may i~ terminated by either party upon ten {1CO) days' notice in writing to ~ served upon the opposite party, stating therein the day of the month that such termination will take place; and upon the expiration of tt~ tune specified in such notice the existence of this license and permission, and all rights and privilAgPS of the Second Party thereunder snail a~isolutely cease. No termination or cancellation hereof shall release the Second Party from any liability or oblic~atiran hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or cancellation oz•, if later, the date v~hen the crossing is remove*i and the ad~aining fences and right-of-way restored to their condition at the date of this agreement as in this agrer~nAnt provided. ~. Any notice to be given icy the Railway Company to thc: Second Party hereunder shall be deemed tca be properly served if the same l.~e deliverers to the Second Party, ar if left with any of the agents, servants or employes of the Seconri Party at the Crossing, or if pc~ated at the Crossing, car if deposited in the Post (Office, postpaid addressed to the Second Party at 210 E. ChestnutLC,anton~ Illinois 61`~2Q 3. In the event that the Second Party herein emt7races two or more persons or corporations, all the covenants and agrQements of tree 5ecor~ Party her+cin sha11 be the point and several covenants and agreements of such persons or corporations. _tr_ ~-a-85-1~~a-ail~l~. 4. All tie covenants ~nri pi~visians aP 4rzi~ aM~r~am~;rrt sh;~:~:1 ae bindir~ upon and inure tc~ the i~enePit of tt~: succcssars, lo~a.t re~xescntat9.vcs, anri assigns of tr;e parties tr t>~-e~ :~amG exter~-t ar~d ~tft-;ct as the same are taindirx,; upon and inure to t~ t7enefit at` tF~ partita ner~:tc~, uut nc~ assiarrnent of t~,is agr;~erraent ~y t!~: ~ecc~rzd Party may ur. rrrar~c ~itr~uut tt~ written consent of the Rai.1!~ay Company in each instance. TN NdITt~SS i~tiCf~EC?F, toe parties ~~~ave executed tt~i:~ ~~~r~;~:rr~~~t: ari riuplicate the day and year first ai~ove ~rritte:~. Tt-IE= AT~NTSf:1~J, T~Ji'~KA H~ Sr~Ai~-T-F-I.,~~ d~A:iL-1uY C~s#',A~JY Its Assistant to General Manager CITY t~= CANi'Cli•Jt 1LLIfJi~iS __._._.____~___.. .Its ~tayar _._._..._.._._ ~' ~ SeC:t3fl~:# E~di: ty aTTFSr: o~it~Cler APPROVEFJ AS TO F(d Hera , ttc~mey - iC,~nsas _~_ 3-4-~5-122-A/I51L 3~35e/5 aacse• ~ SECY'S NO • ~ ~ . , ~ EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND NpANTA FE RAILWAY COMPANY C/T Y OF CA/vTON CHICAGO. ILLINOIS H_C~ WEBB _ __ _ __ SCALE: 1 IN. TO 100 FT. CHIEF ENGINEER /LL //VD/s DIV. DESCRIPTION APPROVED PEDR/A DIST. DATE ~ FEBRUA RY 7, / 986 ~ _N- ~ ~ .~ ~~,~ ,. a ~ ~1 A~voERSON S T ~ •- •~ R~ } .' Po ~ a5 ~ ~, r f.S. 7339-195 ~ M. P. /38fSP52.2 ~ ~p ~~ . ~ ~~ '4'-TO LO MAX ~,~0 ~0 _~~ 20, •• ~• » N 2v MA //V TRACK ~o~ .~ ~~. ~~ /Q/W LiivE ~DESCR/PT/oN A /O FOOT RR/VATE ROAD CROSS/NG SHOWN HEREonr ,l~Y SHAD/NG• AT CANTON, i'U~ TON COUNT Y /,CL /NO/S C.E. DRAWING NO. 1 -OS'/57 W a Q DIV. DWG. NO. DIV. FILE NO. G.M. FILE NO. C.E. FILE NO. 64• Do&-DO6sa9 Cam