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Chicago RR Agree. Ice Harb RdMEMORANDUM June 22, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Subordination Agreement with Chicago Central & Pacific Railroad Company for Ice Harbor Access Road Public Works Director Mike Koch recommends City Council approval of the proposed Subordination Agreement between the City of Dubuque and the Chicago Central & Pacific Railroad Company dated May 31, 2002, which will allow for the construction of a 24-foot wide roadway and an 8-foot wide sidewalk along the westerly side of the Ice Harbor. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM June 24, 2002 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Subordination Agreement with Chicago Central & Pacific Railroad Company for Ice Harbor Access Road INTRODUCTION Enclosed is a proposed agreement between the City of Dubuque and the Chicago Central & Pacific Railroad Company for the construction of a 24-foot wide roadway and an 8-foot wide sidewalk along the westerly side of the Ice Harbor. DISCUSSION This roadway will be partially located on City property and partially on property owned by the City and leased to the Chicago Central & Pacific Railroad Company. Because of the width of the proposed roadway, it is required that fill be placed adjacent to the railroad slope and extended partially into the ponding area of the Ice Harbor. The fill adjacent to the Ice Harbor will be held vertically in place by the installation of circular load cells rather than a traditional straight vertical wall. This type of retaining wall will limit the excavation into the adjacent railroad embankment. As part of the roadway construction, a 42-inch high safety fence will be installed along the adjacent sidewalk on top of the vertical wall at the edge of the Ice Harbor. A safety wall will also separate the roadway from the railroad tracks. The location of this wall would be 10.0 feet from the centerline of the nearest railroad track. The Subordination Agreement with the Chicago Central & Pacific Railroad Company provides approval for the City to install the roadway on a portion of the property currently under easement to the railroad company. The agreement provides for the City to perform all the work without any expense to the railroad company and provides for the City to hold the railroad company harmless from any damages or charges resulting from the construction project. The agreement requires the City's contractor to obtain the services of the railroad for flagmen or watchmen as may be necessary during the construction period. The cost of providing this service will be charged against the City's contractor. In addition, the railroad is requiring the contractor to provide public liability and property damage liability insurance in a combined single limit of $2 million per occurrence, with an aggregate limit of $6 million for the duration of the project. If the public use of the roadway is abandoned or discontinued, the rights granted under the subordination agreement automatically cease and full rights of the easement area automatically revert back to the Chicago Central & Pacific Railroad Company. In exchange for the subordination agreement, the railroad is requiring a payment from the City in the amount of $2,500. RECOMMENDATION I recommend that the City Council approve the proposed subordination agreement between the City of Dubuque and the Chicago Central & Pacific Railroad Company dated May 31, 2002. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the two copies of the subordination agreement. MAK/vjd cc: Cindy Steinhauser, Assistant City Manager Pauline Joyce, Administrative Services Manager Jim Kolf, Durrant RESOLUTION NO. 330-02 RESOLUTION APPROVING SUBORDINATION AGREEMENT BETWEEN THE CITY OF DUBUQUE AND CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY FOR THE PURPOSE OF CONSTRUCTIO~PERATI~N~NTENANCE OF A ROADWAY ALONG THE WESTERLY SIDE OF THE ICE HARBOR Whereas, the City and the Chicago Central & Pacific Railroad Company propose to enter into a subordination agreement for the construction of a roadway on a portion of property that is under the control of the railroad company; and Whereas, the Chicago Central & P~icific Railroad Company has proposed a Subordination Agreement dated May 31,' 2002 outlining the terms and conditions under which the approval for the City to construct the roadway is being granted. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subordination Agreement between the City of Dubuque and the Chicago Central & Pacific Railroad Company dated May 31, 2002, be and is hereby approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement. Section 3. That a certified copy .of the resolution be submitted to the Chicago Central & Pacific Railroad Company by the City Clerk of the City of Dubuque. Passed, adopted and approVed this 1st day of July, 2002. _--.__--'-,~002. /s/ Terrance M. Duggan, Mayor /s/ Jeanne F. Schneider, CMC, City Clerk Tom Zeinz June'7, 2002 W 18373' Mr. Michael A. Koch Pubric Works D~rector Efigineering Division Ci~ of Dubuque 6.0 W~t 13~ ~tm~t Dubuque, IA 5200I~4864 Subject: Si~bord~na~on Agreement Ice Ffarpor Access Road' V~cinity. CCP Milepost ~-1~3 Dubuque. rowa Dear Mr. Koch: Reference is made to previous correspondence conceming the Ciys desire to improve the "emergency access roadwa? along the west side of the Ice Harbor, so as to provide for two-way vehicular traffic and a pedestrian walkway,, a~acent to and encroaching upon the Chicago Central & Pacific Railroad's track easement area in Dubuque, Iowa. Enclosed, are duplicate originals of an agreement, pre-signed by the Railroad Company, subordinating our easement dghts back to the City for this said purpose. If satisfacto~, prease arrange for formal acceptance and signature on the Ciys behalf in accordance with the attached Important Notice', then return the copy marked "CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY - ORIGINAL" to the undersigned. If we may be of any further assistance in these regards, please let us know. Sincerely, CC: Mr. Greg Bastian Mr. John Dunakey Chicago Centrat & Pacific Raiiroad Company Ice Harbor Access Road Dubuque, iowa Dubuque County A 15691 SUBORDINATION OF ORDINANCE RIGHTS THIS INDENTURE WITNESSETH that the CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, a Delaware corporation, hereinafter referred to as "Grantor", for and in consideration of the sum of TWO THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS ($2,500.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby subordinate, so far as it lawfully may, unto the THE CITY OF DUBUQUE, hereinafter referred to as "City", I:or the purpose of construction, operation, and maintenance of a roadway and appurtenances, hereinafter referred to as "Structure", it's interests in and to a certain tract of property in the vicinity of Grentor's Dubuque Distdct Mile Post W-183 in Dubuque, Dubuque County, Iowa, as shown on the pdnt attached hereto and made a part hereof and more particularly described as follows: A part of the CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY's Dubuque District right-of-way in the Northeast 1/4 of Section 25, Township 89 North, Range 2 East of the Fifth Principal Meddian in the City of Dubuque in Dubuque County in the State of Iowa, being a part of one or more tracts of fight- of-way originally granted to Grantor's predecessor(s) pursuant to one or more ordinances enacted by said City, more particularly described as follows: Commencing at the Southwesterly comer of Lot 2 of Ice Harbor Development; thence N 07° 17' 33" E, 180.08 feet along the Westerly line of said Lot 2 to the Northwesterly comer of aforementioned Lot 2 (this is an assumed beadng for this description only); thence N 82° 42' 27" W. 26.30 feet to a point of intersection with the Eastedy right-of-way line of the Chicago Central & Pacific Railroad, said point being the Point of Beginning; thence N 05° 45' 20" E. 50.91 feet along said right-of-way; thence N 01° 05' 55~ E, 84.00 feet continuing along said right-of-way; thence S 06° 59' 31" W, 447.97 feet to a point on a curve; thence Southerly 158.96 feet along the arc of a 1,335.25 foot radius curve, concave Southeasterly, the chord of which bears s 04° 39' 02" W, 158.86 feet; thence Southerly 43.50 feet along the arc of a 756.59 foot radius curve, concave Northeasterly, the chord of which bears S 01° 53' 09" E 43.49 feet; thence Southerly 175.92 feet along the arc of a 747.85 foot radius curve, concave Northeasterly, the chord of which bears South 10° 52' 37" E, 175.51 CHICAGO CENrI'RAL & PACIFIC RAILROAD COMPANY -ORIGINAL feet: thence, S 19° 49' 09" E. 50.03 feet to a point on a curve: thence Southerly 39.78 feet along the arc of a curve, concave Northeasterly, the chord of which bears S 26° 09' 09" East 39.76 feet to a point of intersection with the Eastedy right-of-way line of said Chicago Central & Pacific Railroad: thence N 23° 16' 10" W, 45.40 feet along said right-of-way to a point on a curve: [hence continuing Northerly along said right-of-way 315.79 feet along the arc of a 719.49 foot radius curve, concave Northeastady, the chord of which bears N 08° 14' 16" W, 313.26 feet; [hence continuing along said right-of-way NO6° 18'03'E, 75.70 feet; thence continuing along said right-of-way N 15° 20' 03" E, 71.21 feet: thence continuing along said right-of-way N 05° 45' 20" E, 72.65 feet to the Point of Beginning, containing 8456 square feet (0.148 acres) more or less. The grant aforesaid is made solely upon the conditions and limitations hereinafter cor{tained, and the City, by its acceptance of the said grant, accepts such conditions and limitations and agrees to the fuE strict and prompt observance and performance thereof. 1. The rights subordinated in this indenture are limited to the uses and purposes hereinbefore expressed and for no other purpose whatever. 2. The Grantor reserves to itself, its grantees (other than the grantee named in this indenture), licensees, lessees, successors and assigns, the dght not only to continue to keep and use or operate all tracks and other facilities or structures now upon or beneath the surface of, or above, the said described premises, but also the right to install and use or operate additional tracks, facilities and structures upon and beneath the surface of, or above, the said described premises, including, but not limited [o, underground pipes and conduits, upon and beneath the surface of the said premises, and overhead wires, cables, and poles or other structures for the suppor~ of such facilities and structures which may now or hereafter be on the said premises, provided that said installations can be made without interference with the use of the said premises as provided in this indenture, impair the roadway or interfere with the free and safe flow of traffic thereon. 3. The City shall, without charge or assessment therefore against the Grantor or the Grantor's property, and in accordance with plans which have been approved by Grantor's Division Engineer or his duly authorized representative, perform all work and furnish any matedal necessary for the construction, maintenance or reconstruction of the Structure. and make or cause to be made any changes or alterations in the location or construction of the Grantor's facilities that may be made necessary by this grant or by the Iocation, construction, use or operation of the Structure. The City shall also assume and pay all expense incurred by the Grantor incident to. or as a result of, the exem~se of this grant. The City shall also erect and maintain at its sole dsk and expense, for as long as said roadway shall exist, a safety bander between the proposed roadway and the Grantor's remaining tracks, said safety bander to be of a design approved by Grantor's Division Engineer or his duly authorized representative and shall be offset not less than 10-feet from the centadine of Grantors nearest remaining track. 3 4. Neither the Grantor, nor its proper'Dz', shall be sfJbjected to any charge, assessment or expense, adsing from. growing out of, or in any way attributable to, the construction. maintenance, use or operation of the Structure, whether within or without the confines of Grantor's property, nor for any crossing protection thereat, nor for any highway improvement thereon if this easement is for roadway purposes. If the Grantor or its property is legally subjected to any such charge, assessment or expense, the City shall pay Grantor. as additional compensation for the dghts granted in this indenture, an amount of money equal to any such charge, assessment or expense paid by Grantor. 5. The Grantor does not warrant title to the said described premises in which the foregoing dghts are granted and does not undertake to defend the City in the peaceable enjoyment thereof, but the subordination aforesaid shall be subject to the continuing lien of all lawful outstanding existing liens and supedor dghts, if any, in and to said premises. 6. If any work to be performed by or for the City is let by contract, the City shall require each contractor before coming upon the Grantor's tracks or waylands, to obtain from the Granto~'s authorized represec~tafive permission for occupancy and use of the premises and to ascertain and comply with the Grantor's requirements for clearances, operation, and its general safety regulations. The Grantor may furnish each contractor, at such contractor's sole cost and expense, protective services and devices, including, but not limited to, switchtenders flagmen, or watchmen as the Grantor may deem desirable for the safety anc~ continuity of railroad traffic dudng the work. Each contractor shall be required by the City to reimburse the Grantor promptly upon receipt of bill(s) for such protective services and devices furnished to the contractor. The City shall withhold final payment to its contractor or contractors until the Grantor has notified the City that all such bills have been settled. The City shall reimburse the Grantor upon receipt of bill(s) for any work performed for the City by the Grantor. Cost and expense for work performed by Grantor, as referred to in this indenture, shall consist of the actual cost of labor and materials plus Grantor's standard additives in effect at the time the work is performed. 7. For any work let by contract, the City shall require each of its contractors to fumish evidence of Workmen's Compensation coverage and to maintain at all times dudng any work: lA) Contractors' Public Liability and Property Damage Liability Insurance, including automobile coverage, with a combined single limit of $2,000,000 per occurrence with an aggregate limit of $6,000,000 for the term of the policy; lB) if subcontractors are involved, Contractors' Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in lA) above; and lC) Railroad Protective Public Liability and Property Damage Liability Insurance with the limits prescribed in lA) above. The Railroad Protective policy shall name the Chicago Central & Pacific Railroad Company as the insured, shall be in a form acceptable to the Grantor and said insurance shall be primary as it relates to the this contract. The City shall require each contractor to fumish to the Grantor the odginal Railroad Protective policy and certificates evidencing the other insurance coverage required in this Section The Railroad Protective policy and all other insurance certificates shall be subject to the Grantor's approval before any work may be started on the Grantor's property by any contractor. 4 8. If the public use of the premises described in this indenture for the purposes expressed in it shall be abandoned or discontinued, the said dghts subordinated herein shall thereupon cease and determine and the City shall surrender or cause to be surrendered to the Grantor, or Grantor's successors or assigns, the peaceable possession of the said deschbed premises, and title to the said premises shall remain as before said subordination was made. Any and all dghts Grantor previously enjoyed respecting said premises herein involved are reserved to Grantor, and its successors or ess[gns, subject to the right, permission and authority expressly granted in this indenture. Upon termination of this indenture for any reason, the City shall restore the Grantor's premises to a like condition as at present, insofar as such restoration may in the opinion of Grantor's duly authorized representative Be practicable. 9. Subject to the provisions of the foregoing Section 8. this indenture and the conditions contained in it shall run with the land and be binding upon the respective grantees. licensees, lessees, successors and assigns of the parties. IN WITNESS WHEREOF, the Grantor has caused this indenture to be signed and its corporate seal affixed by its proper duly authorized officers as of the'~'~ ~' day of '",~-.-~-~.~ ,2002. ATTEST: Titi~: ~-ntl,.~a 3,.. ~j~rgma.mn _~s~stant (SE t.) CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY ACCEPTED: CITY OFDUBUQUE By Title: STATE OF ILLINOIS SS COLrNT~ OF COOK said County and State, hereby certify that P. MASS,fALL, Vice President of the aforesaid CHICAGO 2ENTRAL & PACIFIC RAILROAD COMPANY. who is personally known no me, and knowI: mo be such Vice President of said corporation, and the same person whose name is subscribed in the above instrument as such Vice President appeared before me this day in person in said State and County, and being by me duly sworn, did say that he was on the date of the execution of the said znsnrumenn Vice President of the said corporation, and that the seal affixed To said instrument is the corporate seal of said corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and he acknowledged that he, being informed of the conEenns of the instrument as such Vice President signed, sealed and delivered the said instrument by signing the name of the corporaElon by himself as Vice President as his own free ~nd voluntary acm as Vice President and as the free and voluntary act and deed of the said corporation for the uses and purposes therein sen forth. I further certify that the seal of said corporation as affixed no said instrument was attested and proven before me corporation. Given %under my hand and seal of offic~ln Chicago, Cook County, Illinois. this day of ~ . 2oo~- ~ OFFICIALSEA['~'~.~"~-~,~ ~ MARIETTA D SULLIVAN ~ ~ SOT~w PUSU¢, ~ 0~ ~ ~ Notary My Commission Expires PLAT OF EASEMENT F(glR R~ABWAY RIGHT OF WAY THROUGH ~E NE 1/~ OF SECTION 25, TDgN, R2E CITY 0F DUBUQUE, DUBUQUE COUNTY, IOWA I ~RCULAR CUR~ DAT~ , M,L. SPIRAL OUR~DATA POINT R.R. STA. J OFFSET LEFT A M.L STA. 3465+27.59I 41.67' B M.L .STA. 3465+77.25 40.00' C M.L STA. 34644.93,74 30.9B' D M.L STA. 3469+41.01 59.5g' E M.L STA...34714-04.85 40,84' F M.L BTA. 5471+50.81 41.04' B M.L STA. 3473+3G.95 42.7B' H M.L S?A. 3473+89.73 45.04' I M.L STA. 5474+50,54 45.57' J M.L. STA. '~475+83.60 45.00' K M.L STA. 5470+4-8.30 45,00' L M.L STA, 3469+70.30 M M.L $TA. 3469+00.00 55.00' 0 z m 0 o_> >o Z Z Z