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HomeMy WebLinkAboutContract 51469CITY SECRETARY q CONTRACT NO. 511 ' UP Real Estate Folder No.: 30r.7 16 -5 - RECEIVED PUBLIC ROAD CROSSING OU 12 2018 CLOSURE AND REMOVAL AGREEMENT CIN Of FORT WORTH PEACH STREET (DOT NO. 797650H, MILEPOST 754.36) CITY SECRETARY FIRST STREET (DOT NO. 797653D, MILEPOST 753.39) CHOCTAW SUBDIVISION FORT WORTH, TARRANT COUNTY, TEXAS THIS AGREEMENT ("Agreement") is made and entered into as of the W day of Ch, t'obc. , 2018 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and the City of Fort Worth, Texas, a municipal corporation or political subdivision of the State of Texas to be addressed at 200 Texas Street, Fort Worth, Texas 76102 ("Public Authority"). RECITALS The Public Authority desires to permanently close the at -grade public road crossings for (i) Peach Street, DOT Number 797650H at Railroad's Milepost 754.36 and (ii) First Street, DOT Number 797653D at Railroad's Milepost 753.39, both on Railroad's Choctaw Subdivision, at or near Fort Worth, Tarrant County, Texas (collectively referred to herein as the "Roadways"). AGREEMENT NOW THEREFORE, It is mutually agreed by and between the Railroad and the Public Authority as follows: SECTION 1. The Public Authority, after having executed this Agreement and after taking all actions necessary to permanently close and vacate the Roadways, easements and/or any other rights to cross Railroad's property, with the exception of any existing rights for public utility purposes, will submit a billing statement in the amount of Fifty Thousand Dollars ($50,000) to the Railroad. SECTION 2. The Railroad hereby agrees to pay the Public Authority the sum of $50,000 upon (i) the receipt of the above mentioned billing statement and (ii) the receipt of a copy of the Ordinance or Resolution duly passed and adopted by the Public Authority that authorizes and directs the permanent closure of the Roadways. SECTION 3. The Railroad, at its expense, further agrees to remove the railroad crossing surface, warning devices (crossbuck signs, etc.) which currently exist on the Railroad's right-of-way and road approach surfaces from the Railroad's right-of-way to the point of closure established by the Public Authority, upon the receipt of the above ;RECORD k -V ;F` RETAf Y ,. '�V()RTH, TX mentioned statement and copy of the Ordinance or Resolution. SECTION 4. A. Prior to the Railroad's removal of the crossing surface, warning devices and road approach surfaces, the Public Authority, at its expense, shall install permanent barricades on both sides of the Roadways. Such barricades shall be located off of the Railroad's property, be in compliance with the plans marked Exhibit A, attached hereto and hereby made a part hereof, and also all applicable standards and guidelines contained in the current Manual on Uniform Traffic Control Devices ("MUTCD") and maintained, repaired and renewed by Public Authority as needed. B. The Public Authority, at its expense, shall also provide new advance street signs and pavement markings to indicate that the Roadways are closed, with such signage to be in compliance with applicable current MUTCD standards and guidelines. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date first herein written. '95o UNION PACIFI COMPANY 7V �_ Printed - t D. Hicks Title: MIR •• •-- t• City of FortWorth '�, By: Susan Alaago S. �1ias �`• Assistant City Manager Assistant City Attorney APPROVAL RECOMMENDED: Doug Mersig, P.E. Director, FFICIAL RECORD Transportation and Public W r ,TY SECRETARY FT. WORTH, TX EXHIBIT A Exhibit A Plans referenced in Section 4A including a print showing the general location of the work site. STA 22,00 MATCH LINE i9 r" l i 1 1 �4t `4 a1 BZ:60 BIOZ-inn-SO:uo Pa}}old POT 35-69_45 1� e m - � I I I I I T O N W % Y ¢O Q O of I AMP.t o Ir k T'. I BLUFF 5T �0 I Ix I � Pt 25+07. 49 m LL; gELKNAP �Z� J 1 MATCH LINE STA 22'00 UbP-88dn-A3d-001\591928W! MdtdI :annual id ubtsap Contract Compliance Manager; By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name f Employee/Signature `S—r. eeo i "-j Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRET? FT WORTH, TX