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HomeMy WebLinkAbout1980-039-04/01/1980-AUTHORIZING THE CITY TO ENTER INTO A RIGHT-OF-WAY AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY RESOLUTION 80-39 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO A RIGHT- OF-WAY AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR PURPOSES OF THE LEMAY AVENUE CROSSING WHEREAS, the Union Pacific Railroad Company has tendered to the City of Fort Collins an agreement covering the right of use for public roadway purposes that portion of the right-of-way of the railroad company at mile post 23 8, in the City of Fort Collins, Colorado, said agreement being identified as Union Pacific Railroad Company C D #35287-2-2, and WHEREAS, the Council of the City of Fort Collins has carefully re- viewed and considered said proposed agreement, and WHEREAS, in the considered opinion of the Council of the City of Fort Collins it is appropriate that the City accept the terms of said agreement NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That the City be, and it hereby is, authorized and direct- ed to enter into a right-of-way agreement with the Union Pacific Railroad Company upon the following terms and conditions (a) That the Railroad Company grant a right-of-way to the City of Fort Collins for purposes of the Lemay Avenue crossing (b) That the City shall maintain the crossing without expense to the railroad with the exception of the portion of the crossing between the track tie ends, which portions shall be maintained by and at the expense of the Railroad Company (c) That the City agrees to assume responsibility for the payment of taxes and assessments levied upon the crossing area except those levied against the crossing area as a component part of the property of the railroad in the state as a whole (d) That the crossing area shall be used as a crossing only and not as an easement for the placement of utilities Section 2 That the Mayor of the City of Fort Collins be, and he hereby is, authorized and directed to execute said agreement on behalf of the City of Fort Collins, and that the City Clerk of the City of Fort Collins be, and she hereby is, authorized and directed to attest to said agreement and to attach to each duplicate original of said agreement a certified copy of this Resolution Passed and adopted at a regular meeting of the City Council held this 1st day of April A D-i 1980 Mayor �AT ST City Clerk -2-