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Home My WebLink About27374 / 74-13@ 13 FtESOLUTION DEC 191974 BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City oificials are hereby authorized and directed to enter into an appropriate Yipe Line Crossing Permit with the Chicaqo and Northwestern Tiailroad for sanitary sewer purposes under the Chicayo and Northwestern Railroad track and right of way in the vicinity of Fernau Avenue. � +: PP �' �*i?:D _ 2-y _' �a� a7 �/ 28 Jaauary 1975 C, i AN. Rraaeportetlon Co. 200 Douemaa S�. Green Bay, vincoaein 54303 Gentlemen; We ara horevith eacloeiag the�yve`jlolfefl agreement in qulntupliaste, ezocuted vith seal attixefl for the 21" emlieLy sewer under C&HN track aa4 right of wny �b3`-�.s�:� the viciaity of Fernnu Arenue ia Oahkoeh. Also encloeed Sa a cartlfied copy of the Counell reeolution. Kiedly execut¢ aad retura e copy for our Pili¢g. Thank you. CCH enc. Siacarelq, CITY OP OS$K09S Coaveree C. Herka City Clark -.—_.�-._, , CHICAGO AND � TRANSPORTATION COMPANY wss�arwHr oiv�s�on rnwnwa[w ENOINEERINC Green Bay� Wis. December 4, 1974 Oshkash - 200 Mr. Gerald F. Konrad City Engr. - Ci[y of Oshkosh City Hall - P.O. Sox 1130 Oshkosh, Wis. 54901 Dear Mr. Konrad: This has reference to your lettex9dated Aug. 7 and Oc[. 18, 1974 xela[ive to your reques[ for license for proposed 21" sanitary sewer under C&NW track and right of way in the vicinity of Fexnau Aveme at Oshkosh, Wisconsin. Attached is proposed agreement in quin[uplica[e. Please arrange to have executed, city seal afEixed, and return all copies to this office aftex which fu11y execu[ed copy of license will be xeturned to you for your file. There are to be no additions or dele[ions made te proposed agreement and no work done on C&NW Transp. righ[ of way antil you have received your fully exe�uted copy of license. Also, please furnish cer[ified copy of resolution au[horizing city officials [o execu[e pxoposed agreement on behalf of the Ci[y as adopted by the City Council. Yours truly, �'�%,�,-.,--� Asst. Div.Mgr. - Engr. rds Att: S00 DOU3MAN STp66T / GRC[N SAY� WIlCON61N !�]01 �1�/�1p.D10{ „ .,'7G fr� ` S'PATE OF WISCONSIN) ) WINNEB�IGO COUNTY ) SS ) CITY OF OSHKOSH ) I, Converse Marks, City Clerk of the City of Oshkosh, Winnebago County, Wisconsin, do hereby certify that I have compared the annexed .�..�.�ol•..±�_�n with the original instrument now on file in my o£fice, and that the same is a true copy, and a direct transcript of sald instrument. I hereby certify further that said 3caol�,rt'�:;�� , of which the annexed is a true and correet copy, was adopted by the Common Council of the City of Oshkosh, Wisconsin, at a r-:fi:�,r meeting thereof held on Docnr_-o..r 19 , 19 74 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporation seal of the City of Oshkosh, Wisco�sin, this "th day of �mr,iarv , 1975 - �uOdAP l/J l�/J��,�Gi City Clerk of the Ci o Oshkosh Winnebago County, Wisconsin r1 - is �a�:sb�,omio*a +.i. ,, i :'_L' , BE S'.0 3:E5b�LV�'D by the Corr�mon L'oancil, of the City o,f. oshkosh Ch.:r.`. l-.he pr.op�r Cii.p o�fici.als are h��reby authorizeQ and directed t:o enter into ar appropr:i.aCe };;p= Line Crossi_r.y Pz_reic o;iCh 4:�e � Ciiicaqo and NorTkltte:;tern Tieailroad f�or s�nitarp ;;ew2r purpose�s under the Chicayo ann North�::estem� Rail.road trac:',c and .r.i<f1"it o£ �:ay :in fhe vicini_tyr of Fernau Avenue. � �. 9�T / FORM i038-PeW 1 (R�'I�N 19]3) CHICAGO AND NORTH WFSTERN TRANSPORTATION COMPrWY (heainaker call<d "Company'� hertby lianses �.! R .�. . � ��. �i� . (hereinafcer called "Licensee") to construct, maintain and uu, ��'�� p naa u�9ar tr�ek (heminafter called °facility") upon lhe properry,of Ihe Company p� ��}=� �1�� in rhe location and position, and in ac,:ordance wi[h the specifiptions shown on map dated oCL 'Oi�NA' a�► �.,r%ji __ aA" and "B" hemto attached marked Ezhibit and, by this reference, made a part heronf The (oregoing licenx is given upon such ezpmss terms and conditionn as are inserted below, as well as [hou contained upon the subsequent printed pages, and should the Licensee at any time violate any of said terms or conditions, ur uu or attemp� to use said faciiity for any other or different purpose than that above specified, then the Company may, at its oprion. immediately revoke this license. FOflM Y036-VegeYlFwisetll9)2) The fortgoing license is subject [o the following conditions: FirsL The wo[k of wnsWction and mainlenance shall be done and wmpleled in good and wodunanlike manner a� �he sole expense of �he.said Licensee. Said work shall be done in such manner as in no way to interfere with ot endanger [he use of the pmpecty or trazks of [he Company, or [he operation thereon.oC any engines, cars or trains. The Chief Engineer of the Company shall have the right to inspec[ such wock fmm time to time and to require such changes [o be made as will in Ns opinion decrease the hazards incident to said facility; bu[ any such inspeclion or required changes or any failum tu so in- spect, or to require changes ro be made, shall not effect any of the obligations assumed by the said Licensee hereunder $eCOnd.The said Littnsee shall bear the cost of all prolectlm whieh the Company may require for its tracks or pm perty during <onstruction and mainrenance hereby au[horized and of all repairs, changes, addi[ions oe bettelments to said Company's lrack or property made necessary on account oE same. If �n the judgement of [he Company it shall be necessary to pwvide mpport for its [rzcks during Ne wo�k of eonstmction or maintenance the Company will proride such support, and the entire cos[ lhereof will be paid by the said Licenue promptly upon receip[ of bill therefor. � Third. 7'he Licensee shall pay all taxes, geneeal and spedal, lirense fees or olher charges which may become� due or which may be assessed agtinst lhe premises of [he Company because of [he construc[ion, existence, operation or use uf said factliry�, the Licrnsee, or Ne business conducred in emnecdon with said facility, and shall reimbuese lhe Company fo� any such taxes, license fees or other charge which may be paid by the Company prompHy upon the presentation by the Company of bills therefor. i Fou/th.The said Licensee will give m[he Chie(Engineer of the Company at least ten days' notice in writing before en- tering upon Ihe righ[ of way of the Company for constmction purposes, or for the pucpou of making necessary repairs. The Company eeserves the right tojudge of the necessity of repairs to said facility,and to require the Licensee to make such repairs upon len days' notice in writing. In such cau, said Licensee may enre� upon said right of way without the ren days' �otice above refecred to, and shall proceed for[hwith [o make such repairs, and upon failum to do so within ten days, the Company shall have [he right to make said repairs and collect [he entire cw[ Ihereof fmm the Licensee. The Company reurves the righl. in cau in its opinion ehe safety o(i[s lracks or pmpe[ty demands i[, to make emergency repairs without notice to thc Licensee and to collec[ Ihe cost thereof from Lice�see u herein provided. Fifth. It is undeestood by the Licensee that said facility is subject to and may increase the dangers and hazards of the operation of the railroad of the Company, and that this license is subjecl to aIl risks thereof. Therefom, and as a material con sideration to the Company for entering into Ihis license and without which the Company will not enter same. Ihe Licensee agrees to assume and pay for all bss or damage to property whatsoever, and injury to or dealh of any persoa, or persons whomsoever, including all costs and expenses incidenLthereto, however arising from or in connection with existence, tonsW- tion, maintenance, repair, renewal, reconstmction, operatioq use or removal of said facility, or any defect therein or failure thereo(, or the failure of the Licensee or membecs, officers, agents or employees of the Licensee to abide by or comply with any of the terms or mndi[ions of Ihis license; and the Licensee forever indemnifies lhe Company againsl and. agrees lo save it harmless from any and all claims, demands, lawsuits or liability for arty such loss, damage, injury and.death, costs and ezpense. even �hough [he operation o( the Company's railmad may have caused or contributed thereto. Sixth. The Company reserves lhe right to uu, occupy and enjoy rts [racks, property and right of way, for such pur� pose, in such manner, and at such time as it shall desire, Ihe same as if Ihis ins[rument had mt been ezecuted by it If any such use shall necessita[e any change, repair, renewal, removal or �elocation of said facility, or any parl Ihereof, the Licenue shall perform such work at such time as the Company may approve and if the Licensee fails [o do so such work may be perv formed by the Company at the expense of Ihe Licensee and the said Company shall not be liable to the Licensee on account of any damage growing out of any use which the Company may make of i[s eracks, properry and right of way In case any of the rerms or provisions of this license have been performed or carried out prior to the acNal date of execu- 6on hereof, i[ is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the parties prior lo such performance. � � � °,, �o ,. �o 0096 -. PAGE 3A (flEVI5E019J31 Seventh. The Company shall have the right at any time to cevoke this license by giving thirry days' mtice in wria ing to lhe Licensee and at tlie expiration uf [he time limited by said nofice, or upon any other revocation of this license, the Licensee shall promptly, and in the manner directed by said Chic( Engineeq cemove all constmction hereby authodzed Rom Ihe premises of the Company and leave said premises in the same condition in which [hey were before ihe installation of lhe same. Upon default of the Lice�see so lo dq the Company may remove the same and restore its premises, and the Licensee will promp[ly pay to the Company the cost oC doing so. Eighth. The waiver of a breach of any of the [erms or condi[ions hereof shal] be limited to the ac[ or acts mrv stiW[ing such Umach, and shall never be constmed as being a continuing or permanent waivet of any such terms or condition; all of which shall be and remain in full force and effect as to PoNre acts or happenings, notwithstanding any such waiver. Ninth. This license is personal [o said Licensee and is nol assignable or transferable, without the written consenl of the Company being first obtained. Te»th. In consideiation oC the �Company's giving to the Licensee the rights and privileges ahove specified wiihou[ any charge therefor, the Licensee, by [he acc@ptunce of this license, hereby agrees that it will not tery or assess any special lax or special assessment against Company or agains[ or upon Company's properties for the constmctiomur use of lhe im- pmvement of which said facitlty is a pect; and, ihe Iiceusee hereby foreve� indemnifes Company against and agrees to save Company harmless from any and all daims, demands, lawsuits or liability whatsoever for any such special tax or special assessment If, notwithstanding the foregoing provisions, any such special tax or special assess'ment shall be levied or assessed upon oc agains[ said Company's properties, [he Company shall have the following elections, to wit (a) Company may make such payments as may be necessary to satisCy and discharge any liens Cor such special ta: or special assessment and in edse of such payment the Licensee aerees to make repayment on demand wi[h interest at the rate of five per cent (Sy) per annum from the date of sudi payment so made hy Company. (b� Company may file [his license agceement for recording in the o(fice of the Remrder of Deeds of lhe county in which said pmperties are located and such filing shall consti[ute a complete dis<harge and release of any lien against said'� Company's propee[ies for such special tax or special assessmenL � (c) Company inay Iermina[e ihis ]icense by filing notice of termination with such Rewrder �of Deeds for recording � and foiwaiding a copy thereof Oimugh certified or regislered mail, postage prepaid to Licensee whereupon aIl ri�ts, pdvileges and incerests herein gran[ed to Cicensee shall immediately cease and deiermine with tlie righ[ of Company m make immediate reentry and without any further obligations or any lia6ility on the par[ of Company in respect (o any payments, setoffs, counterelaims, recoupment, � crossbills o� cross demands. All rights, remedies and eleclions of Company shall be cumulative. E/evenYh. Licensee further agrees that there is no benefit to the Company's properties, eifher for ra8road use or Cor any possible use irt the future, fmm the construction of the facitity or project of whicfi said faeility is a part. � �w,,. _._ ,a.i^�_?:._ ,._'� � __ �..:._Y_,dq ,.;.i9�i..� :_�S>;. „r.., r�:,: s,o. FOPM 3006 - PAGE 4A IREVISED 19>9) In Witness Whereof this inswmrnt is executed tLis day of , 19 — ATTEST: CHICACO AND NORTH WESTERN TRANSPORTAT[ON COMPANY By A�u:ater�Es•�•«ary Vice PsdsidEpi-Ope3Mt3ot� Pursuent W autdori�y grante�l t�y reaoluLic�► oP &he ��t c��c� c.� of th8 City nt Oah'x9eb,r Wiocost8?.r�� BdapLedi /�-l9-/97�. The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject m the terms and conditions therein stated. ,�,��j ��X�;, �=��g . a E1'ii'LnYiS �' � S �(Seal) � `i`,i ,O �� Z �i�YLL//�P1 � �Y . . APPROVED: Form Atromey Engineering Land Interes[s _ Operation ;\ d 0 ao � uo m wti � 3� a NU h � • 7a4> d FH N � ro3 0 ; ,'C� :i � ti �� .� :��'�'C'.` m a°i a a � '.�P� o m t�. ¢ wm v N 1� O q m H O N W +i � 3 Nti � 7 ri l� C rl Fa O O N O .i N (]�'�. .IJ N .i O rza� � a ti T ri rn H c� v v� P v � v ' � CI U