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1 <br />Public Highway At-Grade Crossing Agreement <br />DOT DOT# 980280H, Project 0787250 <br /> <br /> <br />UP Real Estate Project No: 0787250 <br /> <br /> <br />PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT <br /> <br />Village Parkway North <br />DOT# 980280H <br />MP 12.28 – Altoona Subdivision <br />Lake Elmo, Washington County, State of Minnesota <br /> <br /> <br />THIS AGREEMENT ("Agreement") is made and entered into as of <br />______________ ("Effective Date"), by and between UNION PACIFIC RAILROAD <br />COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 <br />Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and LAKE ELMO, <br />a municipal corporation or political subdivision of the State of Minnesota to be addressed <br />at 3880 Laverne Ave N, Lake Elmo, Minnesota, 55042 ("Political Body"). <br /> <br />RECITALS: <br /> <br /> <br />The Political Body desires to undertake as its project (the “Project”) the <br />construction of a new at grade public road crossing over Village Parkway North at <br />Railroad’s MP 12.28 on Railroad’s Altoona Subdivision at or near Lake Elmo, Washington <br />County, State of Minnesota (the “Crossing Area”). The Crossing Area is shown on the <br />print marked Exhibit A and described in the legal description marked Exhibit A-1 with <br />each exhibit being attached hereto and hereby made a part hereof. The portion of the <br />roadway located within the Crossing Area is the "Roadway". <br /> <br />The Railroad and the Political Body are entering into this Agreement to cover the <br />above. <br /> <br />AGREEMENT: <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the parties hereto as <br />follows: <br /> <br />Section 1. EXHIBIT B <br /> <br /> The general terms and conditions marked Exhibit B, are attached hereto and <br />hereby made a part hereof. <br /> <br /> <br />