HomeMy WebLinkAboutResolution - 2004-R0062 - Agreement For The Closure Of Ave. M - Burlington Northern Railway Co. - 02/19/2004Resolution No. 2004-80062
February 19, 2004
Item No. 25
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Agreement for the
closure of Avenue M Public Crossing at 3`d Street, DOT No. 014933U, and the
improvement of the railroad crossing at Avenue P (north of 3rd Street), by and between
the City of Lubbock and The Burlington Northern and Santa Fe Railway Company, and
related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 19th day
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Crai er, Managing Director of Planning & Transportation
APPROVED AS TO FORM:
Attorney
as:ccdocs/RR Agrmt-Closure Ave M, Improving Ave P
February 4, 2004
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CITY
ORIGINAL
COPY
Resolution No. 2004—R0062
February 19, 2004
Item No. 25
AGREEMENT
RAILROAD HIGHWAY GRADE CROSSING CLOSURE
AVENUE M GRADE CROSSING
DOT NO. 014933U, RAILROAD MILEPOST 673.73
LUBBOCK,TEXAS
THIS AGREEMENT, made and entered into by and between THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY, hereinafter referred to as the "Railroad", and the CITY OF LUBBOC&
TEXAS, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, elimination of a grade crossing by closing the road includes the abandonment and permanent
vacating of roadway right-of-way across the railroad right-of-way, and
WHEREAS, the Railroad agrees, at its expense, to remove one track and install new 64 -foot concrete crossing
surfaces on each of the remaining tracks at the Avenue P (DOT No. 014932M) crossing located at railroad milepost
673.52 for eliminating the Avenue M (DOT No. 014933U) crossing by closing the road, and
WHEREAS, the City in cooperation with the Railroad will permanently close the Avenue M grade crossing
DOT No. 014933U, and
WHEREAS, the City will install the appropriate barricades or other end -of -road treatment on the roadway
approaches to the Avenue M crossing located at Railroad milepost 673.73, and
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1: City after having executed this agreement, and after taking all actions necessary to permanently
close and vacate Avenue M Public Crossing DOT No. 014993U and easement across the Railroad's property will
notify railroad to start crossing surface renewal work on Avenue P. Avenue M crossing shall remain open to re-
routed vehicular traffic during the temporary closure of Avenue P that is required for the crossing surface renewal
work by the railroad.
SECTION 2: The Railroad hereby agrees, at its expense, to remove one track and install new concrete
crossing surfaces on the remaining tracks at the Avenue P crossing, upon the receipt of the above mentioned
notification.
SECTION 3: The City hereby agrees, at its expense, to provide and place asphalt in the void resulting from
the removed track and for the roadway approaches to the newly installed concrete crossing surfaces at Avenue P.
SECTION 4: The City hereby agrees, at its expense, to provide the appropriate traffic control for vehicles
during the construction of the crossing surface renewal project..
SECTION 5: The City hereby agrees, at its expense, to install the appropriate barricades or other end -of -road
treatments on the approaches of the closed Avenue M crossing, upon the completion of the construction work and
subsequent re -opening of Avenue P. Barricades should be no closer than 25 feet, but preferably 50 feet from nearest
track
SECTION 6: The Railroad further agrees to remove the crossing surfaces, signal devices, and the roadway
approaches between the barricades and the tracks on the closed Avenue M crossing.
Avenue M Crossing Closure Agreement Pagel of 2 12-09-2003
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SECTION 7: The City agrees to own and maintain their barricades or end -of -road treatments.
SECTION 8: The City agrees, by the above consideration received that this crossing will remain closed and
will not be re -opened by the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper
officials thereunto duly authorized as the dates below indicated.
EXECUTED by the Railroad this 9th day of December, 2003
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMP
By:
Timothy J. Huya, Manager Public Pr ects
EXECUTED by the City this 19th day of February , 2004
CITY (
0
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS T NTENT:
aig F ' ner, Managing Director of Planning & Transportation
APPROVED AS TO FORM:
John M. ight sistant 96 Attorney
Avenue M Crossing Closure Agreement Page 2 of 2 12-09-2003 Aplaw