RES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY

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I The Railway izereby grants to the City a permanent easement for roadway purposes including the construction and maintenance of a road%lay bridge upon and across that portion of its right of way as shown outlined green on said Exhibit "A" . II The Railway will make a cash contribution to the City equal to L5u of the total bridge project dost estimated at $600 , 000 , 00 . Said cash contribution shall .lot exceed $150 , 000 . 00 and will be paid by the Railway to tiro City upon completion of the project.. final and complete audit for all applicable costs incurred by the City shall be made by the City at the earliest practical date following completion of the project. In the . event the total cost incurred by the City is less than ,600 , ouu . uu the Railway ' s cash contribution shall be adjusted accordingly and tele City in turn will promptly refund the difference to the Railway . Said cash contribution plus the conveyance of easements iprovided for Isewhere herein shall , without more, constitute the Railway ' s total con- tribution toward the cost of the project, and will be in lieu of any future maintenance of the bridge . City shall submit to Railway prior to the commencement of any work hereunder plans and specifications of the �%,ork to be done on Raii ay' s right of way. No work pursuant to said plans and specifications wiil be commenced -on Railway ' s right of way before notice to proceed is given by Railway' s Director-Engineering to City . Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to be a ratir_ication or an adoption by Railway of said plans and specifications as its o%.rn . IV The horizontal and vertical clearances under said highway hr. idg e shall be as shown on said plans . Durinq construction of the high- �,,,ay bridge , if clearance of the falseworx is less than eight and one-half. (u':) feet horizontally and twenty-two and one-half (122) feet vertically, the contractor shall first obtain permission from the Railway for said restrictive clearances . 1 .