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Contract Number: BF-20582474 <br /> <br />1 of 2 <br />HIGHWAY-RAIL GRADE CROSSING CLOSURE AGREEMENT <br /> <br />BNSF File No. BF-20582474 <br />140th Street North <br />U.S. DOT No. 082589E <br />Railroad Line Segment: 214 <br />Railroad Milepost: 15.787 <br /> <br /> <br />THIS AGREEMENT, made and entered into by and between the BNSF RAILWAY <br />COMPANY, a Delaware corporation (“BNSF”), MINNESOTA COMMERCIAL RAILWAY <br />(“MNNR”) and the City of Hugo, a political subdivision of the State of Minnesota <br />(“Agency”). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, MNNR will permanently remove all track infrastructure at the 140th Street <br />North grade crossing DOT No. 082589E and <br /> <br />NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: <br /> <br />SECTION 1. The Agency, after having executed this agreement, should take all actions <br />necessary to do all necessary pavement work once the crossing <br />infrastructure is removed. The City of Hugo should contact the MNNR <br />Maintenance Team in advance of doing the pavement work at 140th Street <br />North. <br /> <br />SECTION 2. Intentionally Deleted. <br /> <br />SECTION 3. The MNNR further agrees to remove the railroad crossing surfaces and <br />crossbuck signs that currently exist on its right-of-way, upon the receipt of <br />the above-mentioned statement. <br /> <br />SECTION 4. The Agency agrees to own and maintain the existing roadway and <br />easement. <br /> <br />SECTION 5. The Agency agrees, by the above consideration received that the crossing <br />infrastructure will remain removed and will not be re-installed by the Agency. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed <br />by their proper officials thereunto duly authorized as the dates below indicated.