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HomeMy WebLinkAbout063 - 06/04/1996 - AUTHORIZING AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY AND BURLINGTON NORTHERN FOR THE CONSTRU ORDINANCE NO. 63, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY, AND THE BURLINGTON NORTHERN RAILROAD COMPANY FOR THE CONSTRUCTION OF A PORTION OF PHASE II OF THE RAILROAD CONSOLIDATION PROJECT WHEREAS, in May of 1992, the City of Fort Collins ("City"), the Burlington Northern Railroad Company ("BNRR"), and the Union Pacific Railroad Company ("UPRR"), agreed to participate in and cooperate with one another in a project to consolidate some of the railroad tracks of BNRR and UPRR that are located in the downtown area of the City and in the areas adjacent to the downtown area (the "Project"); and WHEREAS, the parties conceptually agreed to complete the Project in three phases; and WHEREAS, in the summer of 1995 the parties completed Phase I of the Project whereby the UPRR and the BNRR tracks along Lemay Avenue to Mulberry Street were consolidated into one track; and WHEREAS, now that Phase I of the Project has been completed, the parties desire to enter into an agreement concerning the completion of Phase II of the Project; and WHEREAS, Phase 11 of the Project will involve the construction of a new connecting track east of College Avenue between the BNRR main line and the UPRR branch line, construction of crossing signals with gates and concrete railroad crossing material at the new crossing on Willow Street, removal of the BNRR branch line crossing College Avenue and Cherry Street, and the upgrading of the UPRR crossing on College Avenue at Cherry Street; and WHEREAS, to accomplish construction of these improvements in Phase II of the Project, it is necessary for the parties to enter into an agreement concerning their respective obligations and duties; and WHEREAS, this agreement has been negotiated by the parties and agreed to in principle, a copy of which agreement is on file with the City Clerk(the"Phase II Agreement"); and WHEREAS, as part of its duties under the Phase II Agreement, the City is required to acquire from Schrader Oil Company and/or Wayne Schrader a right-of-way across that real property which is legally described on Exhibit "C" attached to the Phase II Agreement ("the Schrader Property"), and to convey the Schrader Property to BNRR; and WHEREAS,the City is also required under the Phase II Agreement to grant to BNRR a right- of-way easement for a railroad track across a portion of the City's Northside Azatlan Community Center Property and across Willow Street, which easement is legally described on Exhibit "D" attached to the Phase 1I Agreement ("the Azatlan Property"); and WHEREAS, the City Council is authorized to convey any interest in real property owned in the name of the City provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, by the City entering into the Phase H Agreement, it will make it possible for the Phase lI improvements described above to be constructed, which improvements will benefit the public's health, safety and welfare by reducing the number of trains crossing College Avenue each day from approximately twenty-two (22) down to ten (10) or less. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the conveyance of the above-described interests in the Schrader Property and the Azatlan Property to BNRR pursuant to the terms of the Phase II Agreement is in the best interests of the City. Section 2. That the Phase II Agreement is hereby approved. Section 3. That the City Manager be, and hereby is, authorized to execute the Phase II Agreement on behalf of the City. Section 4. That the Mayor be, and hereby is, authorized to execute such instruments of conveyance and other documents as are necessary for the City to convey the above-described interests in the Schrader Property and the Azatlan Property to BNRR pursuant to the terms and conditions of the Phase II Agreement. Introduced, considered favorably on first reading, and ord ublished this„21sfday of May, A.D. 1996, and to be presented for final passage on the day June, A.D, 996. r ATTEST: Z City Clerk Passed and adopted on final reading this 4th day of June, A,D: 199(l,", Mayor ATTEST: I City Clerk