Res 2013-095/Approving a Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for Installation of a Quad Gate System at the Patton Street Crossing

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Union Pacific Railroad Company PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT F�k -m Anoroved: AVP -Law BUILDING AMERICA° UPRR Folder No.: 2786 -25 UPRR Audit No. CA81431 PUBLIC HIGHWAY AT -GRADE CROSSING IMPROVEMENT AGREEMENT THIS AGREEMENT is made as of the O�4- day of 20 03 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest, with a mailing address at 1400 Douglas Street, MS 1690, Omaha, Nebraska, 68179 -1690 ( "Railroad "), and (the) CITY OF SAN MARCOS, a Texas municipal corporation with a mailing address at 630 East Hopkins, Texas 78666 ( "City "). RECITALS: By instrument dated February 12, 1981, the Missouri Pacific Railroad Company and the City of San Marcos entered into an agreement identified as the Railroad's Folder No. 2786 -25, UPRR Audit No. CA81431 (the "Original Agreement "), covering the construction, maintenance and use of the Patton Street at -grade public road crossing, (DOT No. 447- 685U), located at Railroad Mile Post 210.15 on its Austin Subdivision in San Marcos, Hays County, Texas. Also, by instrument dated May 15, 1980, the Missouri, Kansas and Texas Railroad Company and the City of San Marcos entered into an agreement identified as the Railroad's Folder No. 2771- 47, UPRR Audit No. KT34997, covering the construction, maintenance and use of the Patton Street at -grade public road crossing, (DOT No. Unknown), located at Railroad Mile Post 986.92 on its Austin Subdivision in San Marcos, Hays County, Texas. The Railroad named herein is successor in interest to the Missouri Pacific Railroad Company and the Missouri, Kansas and Texas Railroad Company. The City now desires to undertake as its project (the "Project ") signal improvements to the existing Patton Street at -grade public road crossing, (DOT #447- 685U), at Railroad Mile Post 210.15 on the Austin Subdivision in San Marcos, Hays County, Texas (hereinafter the "Roadway ") as shown on the Railroad Location Print marked Exhibit A, and as specified in the Detailed Print marked Exhibit A -1, with each attached hereto and hereby made a part hereof. The Railroad and the City are entering into this agreement to cover the above. AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. The exhibits below are attached hereto and hereby made a part hereof. Exhibit A Railroad Location Print 2786 -25 City of San Marcos, TX Page 1 of 5 February 8, 2013 Patton Street