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Home My WebLink AboutResolution - 3254 - Letter Agreement - Burlington Northern Railroad Company - Drainage Structure - 12_07_1989Resolution # 3254 December 7, 1989 Item #13 JWF:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a letter agreement between said City (as Permittee) and Burlington Northern Railroad Company (as Permitter) granting the City permission to use certain railroad right-of-way near 58th Street and Quirt Avenue for a drainage structure in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of December 1989. a - B. C. McM NN, MAYOR ATTEST: r—Ranle2�t a -Boyd, City Secret APPROVED AS TO CONTENT: c;r-c�iC_ Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: BURLINGTON NORTHERN RAILROAD Mr. Ed C. Bucy Right -of -Way Agent City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Bucy: 2680 Continental Plaza 777 Main Street Fort Worth, Texas 76102 November 8, 1989 Regarding the City of Lubbock's interest in obtaining a permit for the purpose of constructing a drainage structure along and across Burlington Northern Railroad Company's right-of-way near Quirt Avenue in Lubbock, Texas Permission is hereby granted to the Cit of Lubbock("City") to enter upon Burlington Northern Railroad's("Railroad"� right-of-way at the location shown colored in red on the attached Print dated August 2,1989, near 58th St. and Quirt Ave., forthe purpose as stated above underthe following terms and conditions: 1. The permission hereby granted is subject to existing leases, licenses and permits heretofore granted by Railroad or its predecessors in interest, affecting the premises involved 2. All construction, maintenance and improvements of said drainage structure shall be done at no expense to the Railroad. 3. The City will install and construct a drainage channel across the right-of-way as shown colored red on Exhibit "A" dated, August 2, 1989 and made a part of this agreement. 4. The Railroad will install a 42" X 29" X 40' drainage pipe arch within easement area. Actual cost of construction will be paid by the City, within thirty(30) days, upon presentation of statement of charges from the Railroad . 5. Railroad for and in consideration of the sum of $1,000.00 will grant to the City, by separate instrument, a permanent easement for an encroachment upon its right-of-way for drainage purposes only, all as shown colored red on Exhibit "A" attached. 6. If it is necessary to remove any right-of-way fences, they shall be restored to the same condition as they were prior to entry on said premises by the City or its contractors. 7. The City agrees to be responsible for its own employees and equipment insofar as it may legally do so. Mr. Ed Bucy Page 2 of 3- 8. All work shall be done in a good and workmanlike manner so as not to interfere with the tracks, operation of trains and communication facilities of Railroad. 9. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of said drainage easement shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Railroad; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of the Railroad, the City shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Railroad, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. 10. City, in its acceptance hereof, hereby agrees to indemnify and save harmless said Railroad, from and against all lawful claims, demands, judgments, losses, costs and expenses, for injury to or death of the person or loss or damage to the property of any person or persons whomever, including the parties hereto, in any manner arising from or growing out of the acts of omissions, negligent or otherwise of City, its successors, assigns, licensees and invitees or any person whomsoever, in connection with the entry upon, occupation or use of the said premises herein described, including but not limited to that of the location, construction, operation, restoration, repair, renewal, or maintenance of said drainage structures and easement area upon the herein described premises or otherwise. 11. For so long as this easement shall survive, all contracts between the City and its contractor, for either the construction herein provided for or maintenance work on the drainage structures within any easement area described herein or shown on the exhibit attached hereto, shall require the contractor to protect and hold harmless the Railroad and any other railroad company occupying or using the Railroad's right of way or lines of railroad against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents; and as further cosideration shall require its contractor to secure a policy of insurance satisfactory to the Railroad. A certificate evidencing this policy shall be furnished to the Railroad prior to performance of any work provided for in this agreement. If the City, its contractor, subcontractors or agents, in the performance of the work herein provided or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railroad, such damage or destruction shall be corrected by the City in the event its contractor or the insurance carriers fail to repair or restore the same. 12. The City shall give 48 hours' advance notice to Railroad Division Superintendent, Mr. A. J. Thompson at 6851 N. E. Loop 820, suite 300, Fort Worth, Texas 76180, before any work is commenced. Mr. Ed Bucy Page 3of3 We are forwarding this letter in duplicate. If the terms and conditions are agreed to, will you please arrange for acceptance on behalf of the City of Lubbock Texas in the space provided below. One copy of the signed "Letter Agreement" should then be returned to us along with draft or warrant voucher in the amount of $1,000.00, to cover consideration for the easement to be granted. ,Sincerely, _ �fi`1eil � gional Manager -Real Estate JJO/msb Attachment cc: Don Tate - Division Engineer, Ft. Worth, Texas The above terms and conditions are hereby accepted and agreed to: CITY OF LUBBOCK, TEXAS By A (,. ',* 1 % 1a,,ic B . C . MCMINN Title MAYOR Date December 7, 1989 os1 E�z L 000 1-1 { 1 00'SL .c IA '00 V*7 ��J ICJ %�.��0� ,; tl L3• � .�_. _ OAK ' �?•—• -- ' y t Eas�m� to 'etCity of�ublio k ai 1 IN. ' � 1 • I 1 ` 1 EXHIBIT "A" BURLINGTON NORTHERN RAILROAD COMPANY Q INDICATES EASEMENT 1 'I CONTAINING t • 5— SQ• Fi. rb 1 CITYLUMQU couNTr STATE TX (� MAP# FVJ-11 SCALE_ W_ DAT6 Q:2--W (� SOUT4M REGION -EZ}--oIVISION ---------------------------- i ; r AFD No DATE GRANTEE �OC C (�I ` PURPOSE DI- naQe ease- men