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Home My WebLink About1176 Resolution - Recordedj` 381827 RESOLUTION NO. 1176 WHEREAS, Burlington Northern, Inc., wishes to construct a spur line across Oregon Avenue and across Baker Street in the City of Pasco, and WHEREAS, the City Council deems this in the best interest of the City of Pasco; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: The Mayor and City Clerk of the City of Pasco are hereby directed to sign on behalf of said City a Right of Encroachment and Authorization to Construct Railroad Crossing in substantially the same as is attached hereto and by this reference incorporated herein. PASSED by the City Council of the City of Pasco this 5 day of lune 1 1978. ATT T: Eve el s, Deputy City Clerk APPROVED AS TO RM: (;a2tr4iLck'iT. Roach, City Attorney Chet Bailie, Mayor RECORDED IN VQ! riff OFFICIAL RECORDS PAGE ._.,L _REOUEST OF Cl / 6 � /12-S 10 JuN i? h UY AH'76 DOROTHY ?G' AUDITOR FRA W1irN�. D1NT�p B,.,x ozyj -?DS�, ,X. 9,�'20/ 381SZ7 A R RIGHT OF ENCROACHMENT AND AUTHORIZATION TO CONSTRUCT RAILROAD CROSSING THIS INDENTURE made the 5 day of June, 1978, between the CITY OF PASCO, a municipal corporation, hereinafter referred to as "Grantor"; and Burlington Northern, Inc., hereinafter referred to as "Grantee": W I T N E S S E T H: The Grantor in consideration of the benefits to be derived to the City of Pasco does hereby grant to the Grantee, its successors and assigns, full and free right, liberty and authority to enter upon and to construct, operate and maintain its line of railroad over and upon a strip of land twenty (20) feet in width, being ten (10) feet wide on each side of the centerline of the railroad right-of-way of the Grantee as the same is now surveyed and proposed and on that certain property which is marked in "red" on Exhibit "A" which is attached hereto and by this reference incorporated herein. The Grantee, its successors and assigns shall have and hold the said easement for right-of-way where said railroad crossing intersects with Oregon Avenue and intersects with Baker Street located in the SW 1/4 of the SW 1/4 of Section 17, Township 9 N., Range 30 E.W.M., in the City of Pasco, County of Franklin, State of Washington. The construction shall in all manners comply with those certain orders of the Washington Utilities and Transportation Comilission dated April 21, 1978, and April 24, 1978, which are marked as Exhibits "B" and "C" and a copy of which is attached hereto and by this reference incorporated herein; furthermore, all construction and operation of said right-of-way shall be in compliance with local, State and Federal regulations. Burlington Northern, Inc., agrees that all maintenance costs both present and future with respect -to said railroad crossing and easement shall be paid in full by Burlington Northern, Inc.; and the City of Pasco shall be indemnified and held harmless from any liability arising out of or associated with construction; maintenance or operation of said railroad crossing or any duties imposed upon Burlington Northern, Inc., with respect to said crossing under the terms of this document or agreements contained herein or Federal, State or local regulations. IN WITNESS WHEREOF the parties have set their hands the day and year first above written. BUR LIN NORTHERN, IN CITY OF PASCO By: By: a — -watt Master Chet Bailie, Mayor Aj T�P�i�✓ EST: � p s F. Sombbr(ovich, City Clerk r— 389-82"7 . -2- STATE OF WASHINGTON) ' :ss. County of Franklin ) On this day of June, 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared � n i;t G . A,7 ders 0 A Ti^RiryMaster of Burlington Northern, Inc., and to me known to be an authorized representative of Burlington Northern, Inc., the corporation that executed the foregoing instrument, and acknowledged that said instrument:to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. ;..' a No ary Pub is in arid, y to of Washington, resi'dilig�a ' STATE OF WASHINGTON) .ss. County of Franklin ) On this --.:7— day of June, 1978, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie and James F. Somborovich, to me known to be the Mayor and City Clerk respectfully of the -City of Pasco, Washington, the corporation that executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed t'bp..,.day and year first above written. t: �v41 Notary public �n.a'n �fo e ate of Washington;=.sd�i R e i JIM" -.... --- 33� o Oue r_� i WMMN u � J A asisV EXHIBIT "B" BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION BURLINGTON NORTHERN INC. Petitioner, vs. CITY OF PASCO, Respondent. . . . . . . . . . . . . . . . . . CAUSE NO. TR -1089 ORDER GRANTING PETITION TO CONSTRUCT RAILROAD CROSSING By petition filed with the Washington Utilities and Transportation Commission on December 3, 1977, Burlington -Nor- thern Inc. seeks Commission authorization to construct a rail- road crossing which would intersect with Oregon Avenue located in the SW 1/4 of the SW 1/4 of Section 17, Township 9 N., Range 30 E.W.M., in the City of Pasco, County of Franklin, State of Washington. The construction plan for which authorization is sought is set forth in the specifications attached to the petition filed herein. The respondent has executed and filed a waiver of hearing consenting to the entry of an order by the Commission without further notice of hearing. Oregon,,Avenue at the crossing is a deadend street. There is no Posted vehicle speed. The estimated vehicle traffic in each 24 hours consist of 24 vehicles including 12 trucks and no school bus trips. The projected vehicle traffic in 10 years is estimated at 24 vehicles including 12 trucks and no school bur trips. The petitioner's tracks at the crossing would consist of a siding or spur track. The estimated maximum train speed at the crossing would be 6 MPH. The estimated train traffic in each 24-hour period will consist of 2 freight trains. The staff of the Commission has conducted an on-site investigation and is of the opinion ::hat the construction is in the interest of public safety and recomr.?enc?s that the petition be granted. The Commission having reviewed the petition and having been advised in the premises, is of the opinion that c. -ranting the petition is in the public interest. O R D E R IT IS THEREFORE ORDERED That the aforementioned petition seeking authorization to construct a railroad crossing which 381827 CAUSE NO. TR -1089 Page 2 would :intense -c -t with the petitioner's tracks at Oregon Avenue located as above described " be, and -the --same is hereby, granted ..subject to the specifications attached to the petition and upon the following minimum conditions: -.le..Crossing shall be constructed in accordance with the -specifications filed with the petition herein. 2. The . crossing shall be planked or hard -surfaced between the -rails. and for " a distance of one foot outside each- rail for the full width of the travelled roadwayi including the shoulders. The -surface of the roadway and the top of the :,rails shall.. be of the same elevation. -:3:r.-:A-. 25 -foot level grade in the highway shall be provided - .,..:"on both sides of. -the centerline of the railway at the crossing. :_,Ao.-...,.The :crossing -.shall be -constructed with an -approach -to-the level crown of the roadway on either ..Side of. not to exceed 5%. Ref lectori zed advance warning .signs shall be installed ..-,--in the approaches to the crossing in accordance with installation practices prescribed in the Washington State Manual ,of Signing and the U. S. Department of Transportation Manual of Uniform Traffic Control Devices. .Standard ,reflectorized -sawbuck signs shall be installed from_,the outside rail on both sides of the crossing on the right-hand quadrant in such a manner,as to provide adequate clearance for rotor -:_-.vehicles, as well as train traffic. 7* devices --shall be- erected in such a manner as to ------..gi e.the required -clearances for both ..v rail' and vehicular traffic. Upon completing the aforementioned construction, petitioner shall report completion to the ...... Commission. .Acceptability of the installation be subject to a compliance inspection by the Commission. DATED at Olympia,, Washington, and effective this day of April, 1978. -i-..,.WASHINGTON UTILITIES -AND T PORTATIQ`COMMISSION Rn ER;1 C. BAIA-IJE chairman LrIER C HUNTLE Commits sions Commissioner nun sioner r ` Lj 82 EXHIBIT "C" BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION BURLINGTON NORTHERN INC.. Petitioner, vs. CITY OF PASCO, Respondent. . . . . . . . . . . . . . . . . . CAUSE NO. TR -1090 ORDER GRANTING PETITION TO CONSTRUCT RAILROAD CROSSING By petition filed with the Washington Utilities and Transportation Commission on December 9, 1977, Burlington North- ern Inc. seeks Commission authorization to construct a railroad crossing which would intersect with Baker Street located in the SW 1/4 of the SW 1/4 of Section 17, Township 9 N., Range 30 E.W.M., in the City of Pasco, County of Franklin, State of Wash- ington. The construction plans for which authorization is sought is set forth in the specifications attached to the petition filed herein. Respondent has executed and filed a waiver of hearing consenting to the entry of an order by the Commission without further notice of hearing. Baker Street..is a two lane highway. The estimated vehicle traa,ffic in''. each 24 hours consists of'24 vehicles including 12 trucks and zero school bus trips. The projected total vehicle traffic in 10 years consists of 24 vehicles in- cluding 12 trucks and zero school bus trips. The petitioner's tracks at the crossing would consist of a siding or spur. The estimated maximum train speed at the cross- ing would be 6 MPH. The estimated train traffic in each 24-hour period will consist of two freight trains. The staff of the Commission has conducted an on-site investigation and is of the opinion that the construction'is in the interest of public safety and recommends that the petition be granted. The Commission having reviewed the petition and having been advised in the premises is of the opinion that granting the petition is in the public interest. CO) ►1'D .381827 CAUSE NO. TR -1090 O R D E R Page 2 IT IS THEREFORE ORDERED That the aforementioned petition seeking authorization to construct a railroad crossing which would intersect with the petitioner's tracks at Baker Street located as above described be, and the same is hereby, granted subject to the specifications attached to the petition and upon the following minimum conditions: 1. Crossing shall be constructed in accordance with the specifications filed with the petition herein. 2. The crossing shall be planked or hard -surfaced between the rails and for a distance of one foot out' -.side each rail for the full width of the tra- velled roadway, including the shoulders. The surface of the roadway and the top of the rails, shall be of the same elevation. 3. A 25 -foot level grade in the highway shall be pro- vided on both sides of the centerline of the railway at the crossing. 4. The crossing shall be constructed with an approach grade to the level crown of the roadway on either side of not to exceed 5%. 5. Reflectorized advance warning signs shall be in- stalled in the approaches to the crossing in accordance �,rith installation practices prescribed in the Washington State Manual for Signing and the U. S. Department of Transportation Manual of Uniform Traffic Control Devices. 6. Standard reflectorized sawbuck signs shall be in- stalled 15' feet from the outside rail on both sides of the crossing on the right-hand quadrant in such a manner as*to provide adequate clearance for motor vehicles, as well as train traffic. 7. All devices shall be erected in such a manner as to give the required clearances for both rail and vehicular traffic. 8. Upon completing the aforementioned construction, petitioner shall report completion to the Com- mission. Acceptability of the installation shall be subject to a compliance inspection by the Co.-nnission. DATED at Olympia, Washington, and effective this ZXX day of April, .1978. WASHINGTON UTILITIES AND T SPORTATION COMMISSION ROBERT C. BAILEY, Chairman ELXER C. HUNTLEY, Commis ober FRANK W. FOLEY, Commissioner, v0A Q - I +-) TAPER Fes-- HIGHWAY SHOULDER PAVED ROADWAY &OFR FLANGEWAY CHAIR �:• 'rte! 1.' CHAIRS PLACED ON EVERY 3RD TIE 22 f► 2"MIN CHAIR [ 1 TIE SECTION THROUGH FLANGEWAY �ER51`-^FS v NO C 2 25' 0 PLAN HIGHWAY J TAPER SHOULDER NOTE RAIL CHAIRS FOR USE WITH 13"OR 14"TIE PLATES FOR 132 LB, RAIL SECTION USE CHAIR G.N. PATTERN N° R 5278 115 LB. " R5279 USE SCRAP 600R68LB. RAIL FOR FLANGEWAY RAIL, RAIL CHAIRS FOR USE WITH 12" OR SMALLER TIE PLATES FOR 115 LB. RAIL SECTION USE CHAIRG.N PATTERN N° R5267 ., 112 R5267 110 " •• R 5267 90 R5268 USE SCRAP 56 OR601-8. RAIL FOR FLANGEWAY RAIL. OUTER FLANGEWAY RAIL TO BE USED IN HIGH DENSITY MAINLINE AND HEAVY DUTY YARD TRACKS ONLY BEVEL'FLANGEWAY RAIL I TAPER i 3 END VIEW °ggoo I I` ^o.e o •e e � Deo C e• o ,Q a we z. .a. Qe '. In�. 4J ♦ J-. BITUMINOUS ----- Je PAVING .:z: M me ID c°v I I v •r' 11 .o c o .c. p •O R. ' •q v ° C SECTION NOTE AT MULTIPLE TRACK CROSSINGS TRACKS SHALL BE DROUGHT TO COMMON GRADE OR LEVEL TO TG PROVIDE A SMOOTH CRO SSING.ALL BOLT HOLES AND JOINTS IN FLANGEWAY RAILS TO DE SEALED BY WELDING TO PREVENT SEEPAGE TO ROADBED. PAINT ALL SURFACES OF FLANGEWAY RAILS WHICH WILL COME IN CONTACT WITH PAVING MATERIAL WITH EMULSIFIED ASPHALT AND APPLY APPROX. I/4 GAL EMULSIFIED ASPHALT PER SQUARE YARD TO TOP OF TIES ANO BALLAST. BURLINGTON NORTHERN INC. STANDARD PLAN PAVED CROSSING ENGINEERING DIVISION , ST. PAU,- MINN NOV. 1973 Recommended Approved Asst Vice President Engineer ng Vice Pres.aent , Operations DY.g NP C-225; I co,