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HomeMy WebLinkAboutResolution #1144RESOLUTION NO. 1144 A RESOLUTION APPOVING AN AGI2FI~1T BETWEEN THE CITY OF CANTON AND BURLINGTON NORTHERN RAILROAD COMPANY AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEL~NT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City Council of the City of Canton has determined than it is necessary and in its best interest to enter into an agreement with Burlington Northern Railroad 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 the agreement hereto attached and herein incorporated by reference as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor~and City Clerk are hereby authorized and directed to execute and deliver said agreement 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. PASSID by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 18th day of February 1986 upon a roll call vote as follows: AYES: Aldermen Zilly, Steck, Sarff, Workman, Bohler, May, Chapman. NAYS: None . ABSEN'T': Alderman Kovachevich. APPROVID Donald E. Edwards, Mayor ATTEST: Nan Whites, City Clerk r~uR~~ic~E~®~ ~s~~tr~~ctions ,~ ,~ rst ~v~~".. a_ p ~ ~ ~, .;i::;~ ~., . ; ~.:~~~~yi ~i:i~~i newspaper ~~t~. y Date BURLINGTON NORTHERN RAILROAD OPERATIONS DEPARTMENT City of Canton 210 East Chestnut Street Canton, Illinois 61520 Gentlemen: 1670 South Henderson Street Galesburg, Illinois 61401 Telephone (309) 345-6271 345-6301 February 4, 1986 Station: Canton, Illinois Permit PX 86-1003 Date February 4, 1986 Purpose: Sewerline Undercrossing Rental $300.00 for first 10 years and $150.00 each 10 years thereafter In accordance with your application, we are enclosing in duplicate the above mentioned agreement. Both copies of the agreement must be executed on behalf of the city in the presence of witnesses and returned for execution on behalf of Burlington Northern Railroad Company. One fully executed copy will be returned to you for your record. Please forward your check to cover the rental as specified in the agreement. Respectfully, ~. ~z/~ ` R. L. Hopkins Joint Division Contract & Lease Dept. rlh Enclosure ., ,~ ""' ~ ;` ~, , ~ tt...X r ,, p..a° f ~ ~ »~ , ~, ~>"" ~~ DATE ~ =' ~ '_~~..~./, ~:.~.,! -. Agreement ~~473 Pipeline No. PX 86-1003 THIS AGREEMENT, made this 4th day of February 19 86 ,between BURLINGTON NORTHERN RAILROAD COMPANY a Delaware corporation, hereinafter called "Railroad," and C I ~ ~:~ OF CANTON whose post office address is 210 East Chestnut Street Canton, I11 i not s 61520 hereinafter called "Permittee." WITNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain and operate a 24-inch sanitary sewer pipeline encased wi thi n 92-lineal feet of 42-inch steel casing hereinafter referred to as the "facility,"' upon, along or across the right of way of Railroad, underneath the surface thereof, and under the tracks of its railroad, as the case may be, at or near Canton Station, in the County of Fulton ,State of I11 i not s , to be located as follows, to-wit: -.i undercrossing at Survey Station 33E7 + 75 -Mile Post 64.16 as shown heavy dashed black 1 i ne on the plat hereto attached, marked Exhibit "A",dated January 17, 1986 and by this reference thereto made a part hereof. Plan G86-74 Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. Permittee will pay in advance to Railroad for this permit the sum of Three Hundred Dollars ($300.00 ) for the first ten (10) year period and One Hundred Fifty Dollars ($150.00) for each ten (10) years thereafter: also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days" written notice. This provision for payment shall in no way restrict Railroad"s right of termination under Paragraph 9 hereof. 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the facility placing the same in accordance with the specifications provided in application dated November 19, 1985 heretofore approved by the Railroad's Regional Manager Engineering. Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the approval of the Superintendent of the Division of Railroad upon which the facility is located. Said Superintendent shalt have .. u. ~ ~ ~ . ~ ~ ~ + • ~ t t f F I ~ ,. p i ~ , ,( ( r i ~ O RS. 3G ~`8E ~ ~ - ,~ ~ ` . ~ ,~ ~ ~ 1 i ~ ~ i ~ i i ~ ., • 1 --- _. -_ _ _ . M.P. -64.16 -- ~ i • ' I ~ ~? • ~ ( r ~A M S~ o-rT ... _ , _ r- ~ ~ ~' ~ ~ ' ~. ( i~ 24" Sanitary Sewer U n dercrossing w~ 92 LF of f ~ ~ ~ ~ 42" Steel Ca sing by "City of Canton" -, ~_ ~ ~ r ~ ~ N ° N ... -~ -- .. --- -- r_T -_ ~ , ~ ~ a ; ' ~ ~ ~ ` . I • -~ r~ Q Y1 J ~ ' - J ~ • .._._....._ ~ G; I ~ ( ~ ~~ N . r.;• ~ `' . is ~ ' ~~ ~ 1 ~ ~ ~: i , GURU NGTnN NORTHERN RR. CO. CANTON ILLIND~S TOwN STATE SCALE ~ ~ ~~ - ~~ U~- 7 SAN I~, f986 .____ PLAN QATE (3Y~1 .- 10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten 1101 days' notice to Permittee, remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee. 11: Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee. 12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Railroad affecting the premises upon which said facility is located. •, , .. 13.' Permittee shall obtain and furnish to Railroad prior to commencement of any construction on installation and to stay in force until installation is completed an Insurance Policy with coverage as shown below: A. Public Liability Insurance ~~ ~ minimum amounts~as follows: $500,000. $1,000,000. ,,. .;, - ~,,yr. B. Railroad Protective Policy •=+~ minimum amounts as follows: $2,000,000. •~••--- --~$6~-000;000.::~- Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written. i. In Presence of: / , BURLINGTON NORTHERN RAILROAD CODAPANY (. ,t ,~ . , . . 0(~tJ(d{ 009(~(J(~K X X~tAt l~ Division Superintendent r ~ f+ FORM 80026 2-84 By City of Canton B , ~-, ~~..--, ,~ ,. ,•;~.