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
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