HomeMy WebLinkAboutResolution - 2051 - Agreement - ATSFRC - Public Road, Seagraves District Mile Post - 06/14/1985JWF:rm
RFSni IITTnni
Resolution #2051
Agenda Item#27
June 14, 1985
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
to be entered into by and between the City of Lubbock and the Atchison,
Topeka, and Santa Fe Railway Company concerning land desired at, Lubbock,
Lubbock County, Texas, for right of way purposes for a public road, at
Railway Seagraves District Mile Post 6+1078.64 feet being File No.
233221-6 of said Railway Company, 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 Loth day of
ATTEST:
, Llty Secretary
APPROVED AS TO CONTENT:
Jim a tram, Assistant City Manager
for DerVelopment Service
APPRO ED AS TO FORM: r x
J. Y6tth Fullingim, Assistant C4ky
At o ev
.111 rip 100 r,
The Atchison, Topeka and Santa Fe Railway Company
goo Polk Street
Amarillo, Texas 79171
806/376-5131
45th Street
Lubbock, Texas
U. S. CERTIFIED MAIL
Mr. Henry Huneke
Lubbock Development, Inc.
4601 50th Street
Lubbock, Texas 79414
Dear Mr. Huneke:
July 25, 1985
File: 233221-6
SmtaFe
Ric. 7 .
city AuOr nQy
Enclosed for your records, is duplicate original of the agreement
providing for the construction of the 45th Street grade crossing as signed
by both of our firms.
The duplicate originals of the agreement with the City of Lubbock
providing right of way for 45th Street is enclosed with the City's copy of
this letter.
The agreements providing for the construction and maintenance of
the drainage channel across our Lehman District are to be forwarded to our
Vice President's office later this week for signatures on behalf of the
Santa Fe. We will forward duplicate original for Lubbock Development and
the City upon return of the agreements.
We are also enclosing for your further handling, duplicate
originals of separate agreements between the Santa Fe and the City of
Lubbock providing license of our property for the 45th Street grade '
crossing of the spur track and the Ironton Avenue grade crossing of our
Lehman District main line as well as separate agreements with your firm
providing for the construction of the grade crossings. We have utilized
the format of the recently completed agreements in preparation of these
agreements. The agreements providing for the continuation of the drainage
improvements across our spur track right of way will be forthcoming.
We would appreciate your further handling of the above agreements
for signatures on behalf of the City and your firm, and their subsequent
return for our further handling for signatures on behalf of the Santa Fe.
A Santa Fe Industries Company
0
A
;h
' 1
N
;c
•T
If you have any questions, please contact Mr. E. W. Landreth,
`< telephone number (806) 379-3032, who is handling this matter in my office.
' Your continued cooperation is most appreciated.
Yours truly,
E. C. Honath
A.G.M.-Engineering
_ cc: U. S. Certified Mail
Mr. J. Worth Fullingim
Asst. City Attorney
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
Resolution #2051
WNTRACT SECRETARY'S h%IWR
000
THE ATO=N, TL3f'M AND WNTA FE RAILWAY C0143ANY
and
CITY OF LIWMXO TEXAS
ACRE NT; Covering lana desired at Lubbockt Lubbock County,
Texas, for right of way purposes for c public
road, at Railway Seagraves District kiie Post
6 f 1078.64 feet.
DATED: June 14, 1985
Plains Division
Seagraves District
M.P. 6 + 1078.64
AGM -Engineering File 233221-6
Files 233221-6
AGREEMENT trade as of the 14th day of
June , 1985 , 6e7ween THE
HI5N, " DEKA 'W,`SANTA FE RAYLwAy
CO MANY, a Delaware corporation
(hereinafter called "Santa Fe"), as
First Party, :and THE CITY OF LUBBOCK,
TEXAS, s municipal corporation of
Lubbock County, Texas, acting herein by
and through its Mayor, hereunto duly
authorized (hereinafter called "City"),
as Second Party,
RECITALS:
City desires to use a certain portion of Santa Fe's property in
Lubbock, Lubbock Countyy Texas# upon which to maintain and use a public
road, designated as 45th Street which is agreeable to Santa Fe upon the
terms and conditions hereinafter stated.
TIR
1. Santa Fe, for end in consideration of the sum of One and
No/100 Dollars ($1.00) cash to it paid by City the receipt whereof is
hereby acknowledged, and of the full and faithful performance by City of
Its covenants hereinafter set 'forth, hereby licenses City to use a portion
of Santa Fe's property situated at Lubbock, Lubbock County, Taxes, for the
purpose of maintaining and using a public roads license to use which is
hereby given, being shoran shaded on print Chief Engineer Drawing No,
1.03965 dated May 24, 3985, hereto attached, marked Exhibit *a", and -made e'
part hereof.
2. Santa Fe agrees that it mill, at its own expense, maintain
whistle post signs, crossing surfaces within the limits of the ties, and
the highway -railroad, traffic control devices installed at the cost of
others; however, Santa Fe shall be entitled to receive any contribution
toward the cost of such maintenance as may be now or hereafter made
available by reason of any law, ordinance, regulation, order, grant or by
other means or sources, provided that in the event of discontit nce of use
by Santa Fe all obligations assumed by it hereunder shall cease.
ARTICLE II
In consideration of the aforesaid license, city covenants and
agmes to and with Santa Fe as follows:
1. That it will use the licensed premises exclusively as a site
for a public road.
2. That it will not let or sublet the whole or any part of the
licensed premises for any purpose whatsoever or assign this license without
the written consent of Sante Fe in each .instance.
3. That in case of eviction of. City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall not
be liable to City for any dwage of any mature whatsoever. -
4. That if the: licensed premises, or any part thereof, cease to
be used at any time for the purpose licensed, City will deliver up to
Santa Fe the possession of the tfiole, or such part so ceased to be used.
.5. That it rill, at no expense to Santa Fe, end subject to the
supervision and control of Santa Fe's AGM -Engineering, locate and maintain
the public road in such a manner ani of such material that it will not at
any time be a source of danger to or interference with the present or
future tracks, roadbed and property of Santa Fe, or the safe operation of
its railroad. City shall maintain thepublic .road, and any drainage
facilities required because thereof, in such a manner as. not to permit
doge to Santa Fee's property or adjoining.;. propL-ty.. In;. the event of a
breach's of this covenant at any time, Li.ty wi.l.i, within ten Fath) days after
receipt of a written notice from Sant€ Fe thereof, Oo whatever may be
-2-
necessary to fulfill its obligations under this section and, failing so to
do within said time, Santa Fe may do so at City's expense, bill for which
City will promptly pay.
4 6. "Etat City will do no work on :eta Fe 4 s property without
first contacting Santa Fe's Superintendent at Amarillo, Texas, and securing
his approval to proceed with the work.
7. That no legal right of Santa Fe to maintain, use and relocate
the railroad track or tracks or other railroad facilities now 'located upon
the licenses: premises, or to construct and there -after maintain, use and
relocate any additional track or tracks or other rsilroa3a: fiacllities as it
may desire upon or across said licensed premises shall be in anywise
affected by the,giving of this license.
e. That if, at any time during the term hereof, Santa re shall
desire to make any use of the licensed property with which the public road
and draainege facilities will .In any way interfere, including the relocation
of existing or the construction of new tracks,
pole
lines,
wires,
conduits,
etc., in which it shall have an interest.
City
shall
at no
expense to
Santa Fe, make
such changes
in
the public road
,and
drainage facilities as
in the Judgment
of the Santa
re
maybe necessary
to
avoid interference with
the proposed use :of its property.
9. That it will bear end pay the entire cost of maintaining the
public road, including eny drainage facilities inquired because thereof,
upon the licensed premises except that port -ion to,be maintained by Santa Fe
as covered under Section 1 of Article 1.
10. That if it shall become necessary in the future
reconstruction and/or maintenance of said public ro&Ci aana drainage
-3 w
facilities to make any changes or alterations In Santa Fe's right of tray
fences, signal, power and/or communication pole and wire lines, and/or
otter facilities located upon the licensed premises, such dhanges or
alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's
expense, bill for the cost of which City will pertly pay.
11. 7a take any " all arrangements that may be necessary to
secure the location or relocation of wire lines,pipe lines and other
facilities owned by private persons, companies, corporations, political
subdivisions or public utilities other than Santa Fe which it may be found
necessary to locate or relocate in any maser whatsoever die to the
maintenance of said public road.
12. To appoint rano keep competent inspectors, engineers or other
authorized parties on the worn to be donne by City daring the < progress of
such ,work, and. to give Santa Fe reasonable advance notice of the
performance by City yr any contractor employed by City in the maintenance
or reconstruction of said public road, ofany work upon, along, over or
across the right of gray and tracks of ;Santa Fel which might renter unsafe
the operation of trains on the tracks of Santa Fe.
13. 7bat If contract or ,contracts are: to be let by City for the
maintenance, repairs or reconstruction undertaken by it hereunder, said
contract or contracts shall provide:
A. Standard Manufacturer's arnd Contractor's Liability
irtsurWF. rbe c.ar trac cnr shall furnish evidence
to Santa Fe that, with respect to the operations
ons
he performs, he carries regular Contractor's
Liability Insurance: providing for a limit of not
less than One Milion Go7llers ($1,000,000.OU) for
all dawges arising out of bodily injuries to/or
death of one or more .persons in any .0-14
occurrence, and Property Wmage Liability
Insurance providing for a limit of not less then
-4 N
.. 5
Five Wndred Thousand Dollars ($500,OUO.00) for
all damages arising out of injury to/or
destruction of property in any one' occurrence and'
subject to that limit per occurrence, a total (or
aggregate) limit of One Million Dollars
(' 19000,000.00) for all damiages arising out of
fury to/or destruction of property during the
policy period.
If any part of the work is sublet' similar
Insurance shall be provided by or in bealf of the
subcontractors to cover their operations.
S.
Contractor' ProtectiVer Liabi li.t insurance. The
Con roc or smil furnishevidence to Sants Fe
that, with respect to the aerations performd for
him by subcontractors# he carries, in his awn
behalf:, regular Contractor's Protective Liability
Insurance providing for a limit of not less than
One Million Dollars ($1#0U0,000-00) —00) for all
demages arising out of bodily injuries to/or death
of one or more persons in any one occurrence, am
Protective property Damage Liability Insurance
providing for a limit of not less then. Five
Hundred Thousand Dollars ($500,000.00) for all
damages arising out of injury to/or. destruction of
property in any one occurx'ence and subject to that
limit per occurrence, a total (oz aggregate) limit
of One Million Collars ($1,000,OW.GU) for all
damages arising out of injury to/or mstruction of
property during the policy period.
C.
Geral. The insurance, as specified 1n
ragraghs A and 8 above, shed be carried until
all work required to be performed under the tezats
of the contract is satisfactcrily cocpleted as
evidence by the formal acceptance by Santa Fe.
14.
That if it is determined necessary by $ants Fe, during the
maintenance of vild public road to provide-flegm=n and inspectors to insure
the safety of
railroad operations, the cost of providing such; flagmen and
inspectors will be borne by City.
15.
'chat, it will releese gmd vacate the licensed premises
occupied by
the public road, rove ' the public toad from the licensed
premises and
otherwise fully restore the promises to the condition in whi6h
.. 5
they existed prior to the beginning of the ,work herein cornered, Jamd1ately
after the rid for such public road ceaseu to exist.
16, City shall and will, and does hereby agree to, assume and .�
discharge, and indemnify and save harmless, � �taa� Fe
W4 the successors
and assigns thereof, from and against any. aha all liability, loss: aamaga a
cost, expense, clams, 3awdgmints, or attorneys' fees for or on account of
personal Injuries to or death of persons or age to _ or .loss or
destruction of property, directly or indirectly caused by, due to, arising
out of, or in connection with, the maintenaµnc>e, operaation, use, removal or
existence of that portion of the public rod herein described, except in
any instances of such events which arise out of the sole negligence of
Santa Fee; PROVIMO WDWEVER, that the City shall not and ams not wive any
of its defenses to such claim as a Texas home -rule aawnic pal corporation.
17. City agrees traffic control systems at the :crossing or
crossing illumim-tion will be Installeci at no cost to the Santa Fe.
16. City will furnish, 1nstal.l, sno thereafter rzaintaian pavement
markings, advance earning signs, aW traffic control signs In accordance
with aWlicable portions of the Texas Oepartmttent of highways Wo PWlic
Transportation Manual on Uniform Traffic Control Wvices and will provide
traffic control during construction or maintenance . operations to
acuate work by Santa Pe.
19. City will. Maintain the top of the pavmnt of the road to
conform ttith the tap of the rail for a distance of fifteen (15) feet on
either side of the centerline of Santa FL's tracks.
20. That this license is made subject to . all valid existing ano
future contracts, agreements, license -s and easements which may, affect said
. 6 M
licensed property, covering roads, public and private; pole lines arx3
appurtenances; water lines, or ether facilities*
21. That all of the covenants hereof shall inure tri' the benefit
of the successors and assigns of Santa Fe, to the sem extent as to
Santo Fe*
A 11CLE III
1.
The Santa Fe once City mutually egree that Ud.s license shall
be effective Fromits date, and thereafter, until term iateo by :either Party
giving to the other twenty-four (24) months' written notice of its desire
to terminate the same. open such or any other tezviihation, City will
surrender .possession of the licensed preM SeS to Santa fe.
IN TESMONY MV EW, the parties have executeo Uds agcement, in
duplicate, of the day end .year fixst`above written.
THE ATCHISUNO TOPEVA AND
SANTA EE RATI WAY COMPANY 'CITY OF b W • TEXX
By. k By;
ItS9;atk -Ftea1 :state and Contracts
ATfESi -
S S tit cre axy f'or "�1. w y' ., y Crotary T® `. ___City
-j
,. 7 -
WSOLUTION
Motion was made by Counci Tman Brown ,
seconded by "Mayor "Pro Tem Carpenter that the Mayor be
instructed to sign, on behalf of the City of Lubbocks Texas, license
agreement between The Atchison# Topeka and Santa Fe Railway Coaipany and
City of Lubbock, Texas, covering right of way acrd said Railway Company's
property and installation of vehicular traffic control devices ,and crossing
surface for 45th Street and that a copy of said agreement be recorded in
the Minutes.
Motion carried.
0
THE STATE OF TENS §
COUNTY OF Ltd �
CITY OF LU8BOCK
i, Ranette Boyd , City Secretary, do hereby, certify
that the above and foregoing
is a full, true
end correct :copy of
the
Minutes of the Ming of tyre
City Council of
June 14 , 19_8_5$
insofar as the sam. pertains
to the execution
of an agrewent with
The
Atchison, Topeka and Santa Fe Railway Conpany.
Given u-4cr my hand and seal, of office this the h6c clay of
City Secretary
8ECY'8 NO.
tr EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF LUBBOCK
CHICAGO. ILLINOIS H. G_._W_E_BB_ _ __ _
SPIN. TO /DO FT. CHIEF ENGINEER
DIV. DESCRIPTION APPROVED
EflMAN E SEMMES DIST.
DATE: MAY 24, /985
its s=; 0
v
v Mai
Ma/n Trock -- SeagroveS Dist.
V P
--To Seo ra es
R/W Lime
U.S. HW Y. 62
b
' f Track Nay �roLubbock—w-
E.S .327 f 5x64
M.P. 6 f /078,64
DESCRIPTION -
A sife containing 9,188 sq. 7q mme or
less OS shown hereo7 by S170diry.
Ar DOUR,
LUB80CK COUNTY, TEXAS C.E. DRAWING NO. i-039eo5
DIV. DWG. NO. DIV. FILE NO. G.M. FILE NO. 233221-6 G.E. FILE NO.
/oc
85-44-313-477
(27.)
June 14, 1988 313
None of the City responsibilities can be considered
unusual considering previous negotiations with the
railroads on pavement and drainage.
Staff recommended approval of this Agreement.
Motion was made by Councilwoman Trejo, seconded by
Councilwoman Baker authorizing Resolution 02050. Motion
carried: 7 Yeas; 0 Nays
Consider Resolution 02051 authorizi
on behalf
RESOLUTION 02051
RESOLUTION 02051
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
to be entered into by and between the City of Lubbock and the Atchison,
Topeka, and Santa Fe Railway Company concerning land desired at, Lubbock,
Lubbock County, Texas, for right of way purposes for a public road, at
Railway Seagraves District Mile Post 6+1078.64 feet being File No.
233221-6 of said Railway Company, attached herewith which shall be spread
upon t e 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 14th day of June, 1985.
ATTEST:
/s/ Ranette Boyd
Ranette oy , City Secretary
APPROVED AS TO CONTENT:
/s/ Jim Bertram
Jim Bertram, ssistant City Manager
for Development Service
APPROVED AS TO FORM:
/s/ J. Worth Fullin im
Z. Worth Fullingim, Assistant City
Attorney
/s/ Alan Henr
ALAN HENRY, MAYOR
This public road crossing is located at 45th Street and
Brownfield Highway and is part of the Santa Fe Park
development project. This Agreement explains in detail
the rights and duties of the City of Lubbock having a
road crossing across Santa Fe's railroad tracks and also
explains and set forths in detail, the rights and duties
of Santa Fe. J. Worth Fullingim and Jim Brewster, of our
Legal Department, approved this revision.
0
__.__._____.-_...rtwtYi'tw:'ri..v`...=.-..e..'s'�+a-as_...u...-•-..i•s-sr-3Y^-....as--•-�-...-+r5a.+.0.{p- _
The Santa Fe responsibilities are as follows:
1. Grant license for a crossing for a public
road.
2. Maintain whistle post signs, the crossing
surface between ties, and the traffic control
devices.
The City responsibilities are as follows:
1. Use the site exclusively for a public road.
• June 14, 1985 314
2. Will not sublet any part of the site for other
purposes.
3. Maintain the road and any drainage in con-
nection with the road.
4. Provide flagmen during construction if deter-
mined to be needed by Santa Fe.
5. Hold harmless Santa Fe from injuries during
maintenance and operation.
6. Install and maintain railroad pavement markings
and signs.
Staff recommended approval of this Agreement.
Motion was made by Councilman Brown, seconded by
Mayor Pro Tem Carpenter authorizing Resolution
#2051. Motion carried: 7 Yeas; 0 Nays