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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XI Upon completion of the project, neither party shall do or permit anything .to be done to reduce the horizontal or. vertical clear- . ances provided by plans; provided, however, that the Railway reserves the right to make. such ballast raises to its existing and future tracks, as, in its opinion., may be justified, and further reserves the right to makechanges or additions to its .facilitities within the limit of the grade separation structure.. In the event any changes in or additions. to the tracks or other facilities_ of the Railway or the City are made in the future, the usefulness of said highway- bridge for the purpose, of said grade separation shall not be impaired. XII The City shall own and maintain, repair and renew, at its own expense, -the said overhead highway bridge,- includingall the appurtenance.s- thereto and thereof . The City agrees that, prior to commencement. -of any. such work of maintenance , repair or renewal of said overhead highway bridge, it will furnish the Railway details of the proposed work and description of the manner in which the work is to be performed. The City agrees that it will reimburse the Ra-ilway for all costs and expenses of any nature whatsoever -incurred by it in connection with the City' s maintenance, repair or renewal project. XIII In the event said grade separation structure shall cease to be used for highway purposes, the City shall forthwith notify the Railway of such abandonment, and upon such abandonment shall promptly, at its own expense, remove said grade separation structure and approaches thereto located upon the property of the Railway, except and unless it is mutually agreed, within thirty (30) days following City' s- notification. of abandonment, that portions or all of said grade separation structure And approaches are to be left in place . Said removal and cleaning- up= -- - of the Railway' s property shall be done .to the satisfaction of the Railway. The City -agrees that in the event it fails to remove said grade separation ` structure and approaches as aforesaid, the Railway may remove same to the . _- extent .,it deems. desirable and. clean.. up said property,. and the City, agrees . ,- to reimburse the Railway forall expenses incurred upon presentation of bills therefore . 6.