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Home My WebLink AboutContract 44398�rry sEcc�r�w � . c � �r�r �. AGREEMENT HIGHWAY-RAILROAD GRADE CROSSING CLOSURE OF West Gambrell Street (DOT No. 020477K) at Railroad Milepost 340.88 City of Fort Worth, Texas THIS AGREEMENT, made and entered into by and between the BNSF RAILWAY COMPANY, hereinafter refened to as the "Railroad," and the CITY OF FORT WORTH, TEXAS, hereinafter referred to as the "City." WHEREAS, elimination of a grade crossing at West Gambrell Street by closing the road is necessary to enhance public safety by eliminating a railway crossing and includes the pei7nanent vacating and closure of roadway right-of-way across the Railroad right-of-way, and WHEREAS, the Railroad agrees to pay the City the closure incentive funds for eliininating crossing DOT No. 020477K by closing the road, and WHEREAS, the City in cooperation with the Railroad will permanently close the West Gainbrell Street grade crossing DOT No. 020477K, and WHEREAS, the City will perfonn the necessary street closure work at the West Gambrell Street crossing located at Railroad milepost 340.88, and WHEREAS, the Railroad will perfoi-�n the necessary removal worlc of the railroad crossing surfaces and warning devices. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1: The City after having executed this agreement, and after talcing all actions necessary to permanently close and vacate the West Gambrell Street Public Crossing DOT No. 020477K and ease�nent across the Railroad's property, and after removing both roadway approaches and installing the appropriate end-of-road treatinent — no closer than 50 feet to nearest rail, will submit a stateinent (including the City's Tax ID #) in the amount of twentv-three thousand five hundred dollars and no cents ($23,500.00) to the Railroad. It is understood that the pei7nanent closure and vacation is only for the street and not for any existing utilities within the street right of way. The City should contact BNSF Roadmaster Lany Wilson at 817-224-7009 in advance of removing roadway approaches to coordinate scheduling of worlc next to the tracic. A copy of the City's approved closure Resolution shall be attached to this Agreement. SECTION 2: The Railroad hereby agrees to pay the City the suin of twentv-three thousand five hundred dollars and no cents ($23,500.00), upon the receipt of the above mentioned statement. The City agrees to fully reimburse the Railroad $23,500 within 30 days of receipt of invoice from the Railroad in the event the City creates a new public at-grade road crossing in the previously closed street right-of- way for West Gambrell Street. SECTION 3: The Railroad further agrees to remove the railroad crossing surfaces and crossing signals that cunently exist on the Railroad's right-of-way, upon the receipt of the-a�bove mentioned — - ,� 1� Gaf�ibrell Street Crossing Closure Agreement Page 1 of 3 r, — _,�� , �-OS-2013 RECEIVED /�p� 24 �'";� � �v �,., � I V�� [� I�P(� �� i�� '�� +�� `�� . �'To W��9 - statement. SECTION 4: The City agrees to own and maintain its end-of-road treatment SECTION 5: The City agrees, by the above consideration received, that this crossing will remain closed and will not be re-opened by the City unless public policy dictates re-opening. The City may request the Railroad to provide a new public road crossing in a new or the previous street right-of-way for public travel. Requests for a new public at-grade crossing shall meet the then current requirements for creating new road crossings of the Railroad and all applicable state or federal requirements. Consideration in the form of the closure of in-lcind road crossings on the Railroad for each new at-grade crossing may be negotiated at such tiine as a request is made. Requests for new at-grade public road crossings will be subject to a diagnostic inspection review, including the Texas Department of Transportation (TXDOT), the Railroad, and the City to determine the appropriate railroad traffic control devices and roadway design. SECTION 6: The Railroad agrees to grant the City one-half (1/2) crossing credit towards the creation of one future public at-grade crossing. One (1) full crossing credit is required for the creation of each new public at-grade crossing. This Section 6 shall become null and void in the event the City creates a new public at-grade road crossing in the previously closed street right-of-way for West Gambrell Street. REMAINDER OF THE PAGE INTENTIONALLY LEFT SLANK SIGNATURE PAGE TO FOLLOW iV. Gan�brell Stf•eet C�•ossing Closccre Agreement Page 2 of 3 2-OS-2013 b, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials to be effective as of the last date signed below. APPROVED: City of Fort Worth ��S�Z��o �� Fernando Costa Assistant City Manager DATE: 3 /� APPBOVAL RECOMMENDED: M W� w� Douglas V� Wiersig Director, Transportation/Public rks Depar-tment BNSF Railway Company .�-- - _-----� �i othy J. Huya, Manager Public Projects DATE: � I l`�i' I � 3 APPROVED AS TO FORM AND LEGALITY: M&C: (' �'�0�7 1 � , _ � Date: , Douglas W. Black Assistant City Attoiney �,cy"-,;�„�. ATTEST: Mary7. Kayser City Secretary l�"('Z-I�Z. o i�" D � � �f i� Ganzbr�ell Street Crossing Closure Ag�•eement Page 3 of 3 QFF�c+tp�"' �E�� 2-OS-2013 (�1'T�l SECRE �. �p��a+19'� City of Fort Worth, Texas Mayor and Council Communication DATE: Monday, November 12, 2012 LOG NAME: 060065030 VA-012-020 REFERENCE NO.: **PZ-3002 SUBJECT: Adopt Ordinance Vacating a Portion of Warren Street and Martin Lydon Avenue, Adopt Resolution Providing a Physical Closure of the Railroad Crossing at West Gambrell Street West of the Southwestern Theological Baptist Seminary and Authorize Crossing Closure Agreement with Burlington Northern Santa Fe Railway Company (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a crossing closure Agreement with the Burlington Northern Santa Fe Railway Company to close the railroad crossing to vehicular and pedestrian traffic in which Burlington Northern Santa Fe Railway will reimburse the City in the amount of $23,500.00 for the installation of barricades and other closure expenses; 2. Adopt the attached ordinance vacating a portion of Warren Street and Martin Lydon Avenue; 3. Adopt the attached resolution providing a physical closure of the railroad crossing at West Gambrell Street west of the Southwestern Theological Baptist Seminary; and 4. Waive any and all purchase fee value of the vacated land in accordance with City Policy (M&C G- 15624). DISCUSSION: Pacheco Koch Consulting Engineers, on behalf of the Southwestern Baptist Theological Seminary, has requested the vacation of VVarren Street and a portion of Martin Lydon Avenue and the closure of portion of Gambrell Avenue at the Burlington Northern Santa Fe Railway (BNSF) railroad crossing to further secure their campus. Transportation and Public Works Department will be working with BNSF railroad to close the Gambrell Street crossing to vehicular and pedestrian traffc. Burlington Northern Santa Fe Railway will contribute $23,500.00 toward the costs to close the street. The City Plan Commission recommended approval of this request at its meeting on August 22, 2012. An acceptable replat (FS-012- 059) has been received. The City of Fort Worth originally obtained the above mentioned rights-of-way through the platting process. The City does not own land under or adjacent to the above referenced streets. Since no City funds have been expended to purchase property or easement rights, collection of the fair market value or any portion thereof is recommended by Staff to be waived. 7his project is located in COUNCIL DISTRICT 9. Logname: 060065030 VA-012-020 Page 1 of 2 FISCAL INFORMAI'ION / CERTIFICA710N: The Financial Management Services Director certifies that this action wili have no material effect on Ci,ty funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICAI'IONS: Submitted for City Manager's Office bv: Ori iy nating Department Head: Fernando Costa (6122) Randie Harwood (6101) Additional Information Contact: Alexander Parks (2638) Logname: 060065030 VA-012-020 Page 2 of 2