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v.- w'Cpc`+:;'3'^ :rfct{:.u,yvra.. ,.• ,.. ...._. ...... ,._ .... ...... .+........ _ __ "<F�•..:.J'R aN}4'.r}q•ryl� f..�;.t <br /> ST ANTHONY, 214INNESOTA <br /> f. <br /> CO14STRUCTION AND MAINTENANCE AGREL1:4ENT <br /> BRIDGE NO. 1 .8 - ST. ANTHONY BOULEVARD m.p . 1.81 L.S. 218 <br /> AGREEMENT, made this day of , <br /> 19 , between tine ' CITY OF ST. ANTHONY, a Mi2nic.ipal Corporation of the <br /> State - of Minnesota, hereinafter called the "CITY" and BURLINGTON NORTHERN <br /> INC. , a Delaware Corporation, aereinafter called' the . "RAILWAY" ; <br /> WITNESSETH: <br /> WHEREAS, the Railway' is successor in interest by merger to <br /> the Northern Pacific Railway Company; and <br /> WHEREAS., tlie existing roadway bridge .was constructed under an <br /> agreement dated February 8, 1924 , between the Northern Pacific Railway <br /> ' Company and the Board of Park Commissioners of 'the City of Minneapolis; and- <br /> WHEREAS, - under <br /> nd-WHEREAS, under an agreement dated December 17 , 19.65 the City <br /> of Minneapolis through it' s Board of Park Commissioners conveyed to the <br /> Village of St. Anthony all right, title and interest' 'in and to that portion <br /> of St. Anthony Boulevard lying within the St. Anthony Village- limits; and <br /> WHEREAS, the City, in the interest of . public .safety and aiding <br /> motor vehicle traffic, proposes to remove and reconstruct the existing <br /> roadway bridge .over the Railway' s tracks and right of way of it' s Minnesota <br /> 8th Subdivision at Railway Milepost 1.81, at St. Anthon'y, . Minnesota, <br /> . .located in the NE 1/4 of Sec. 7, in Twp. 29N. , R. 23 W.. ; and <br /> WHEREAS, in connection with said roadway relocation, the City <br /> is desirous of acquiring a permanent easement for encroachments on Railway' s <br /> 1 <br /> right of way, all as particularly shown on -Exhibit "A" ; and <br /> WHEREAS, the - parties desire the said project" to be constructed <br /> in accordance with plans and ,specifications to be. pre 'ared by- the City and. <br /> .WHEREAS, the City is willing t'a 'undertake the const ruction1.of <br /> said -project with available funds. and. Railway- is willing -to -consent to <br /> the execution of City' s project upon the terms andconditions "her' e'in-- <br /> stated and not otherwise; <br /> NOW, THEREFORE, in consideration of the premises and the mutual <br /> dependent promises hereinafter contained, the parties. agree as follows: <br /> --------._.�..----- - -—— - -------_—_—_._._-____.....�.......�._.__--__..__._...�.._.�._._...._..�.,,.�..�,.:r...:. ,�,•,.....,-tea..,.., <br />