Signed Contracts_Canadian National Railroad Track Easement ReleaseMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Jon Dienst, Civil Engineer II Gt7 i i .
SUBJECT: Canadian National Railroad rack Easement Release
DATE: September 7, 2010
INTRODUCTION
This memo requests you to sign the attached Bill of Sale and Relinquishment and Waiver of
Rights from Canadian National Railroad (CN).
DISCUSSION
Dubuque
Al - Americacily
I
2007
As part of the Historic Millwork District Complete Streets project, railroad tracks that currently
exist in Jackson Street and Washington Street need to be removed. The City would like to re-
use these tracks as part of the streetscaping work on Jackson Street. The main trunk line tracks
are owned by the CN Railroad. Last year the railway switch at 5 street was removed as part of
the railway crossing improvements, rendering the trunk line tracks in the Historic Millwork
District not useable for rail traffic. Engineering has had several conversations with Harlan
Ariens, Manager of Public Works in Iowa for CN Railroad. In these discussions it was agreed
that if the City took over ownership of the tracks, CN would lose liability for the tracks. The only
cost to the City for the ownership transfer would be $1.
The City needs to have ownership of these tracks so the streets can be redeveloped and the
utilities replaced. The Federal Highway Administration requires that the City have an agreement
in place with the Railroad prior to construction as a condition of the $5.6 million TIGER grant.
CN Railroad is requesting that the City execute two copies of the document and mail it back to
their office. They will then execute the copies on their end and return a copy to the City.
ACTION TO BE TAKEN
I request you sign both copies of the attached agreement with CN Railroad. City Attorney Barry
Lindahl has reviewed the document.
Cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Attchs.
BILL OF SALE AND RELINQUISHMENT AND WAIVER OF RIGHTS
FOR RAILROAD TRACKS AT DUBUQUE, IOWA
WASHINGTON STREET AND JACKSON STREET SPUR TRACKS
1. KNOW ALL PERSONS BY THESE PRESENTS, that Chicago, Central and
Pacific Railroad Company, a corporation of the State of Delaware, with offices at 17641 South
Ashland Avenue, Homewood, Illinois 60430, hereinafter referred to as "Seller," for and in
consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration,
to it in hand paid, does hereby GRANT, SELL and TRANSFER unto the City of Dubuque, Iowa,
an Iowa municipal corporation, with mailing address of 50 West 13 Street, Dubuque, Iowa
52001, Attn: Jon Dienst P.E., hereinafter referred to as "Buyer," all its right, title and interest, if
any, in and to all the personal property (the "Subject Tracks "), to the extent owned or operated by
Seller, as identified in red on the "Historic Millwork District — Rail Line Abandonment"
documents dated 2010, identified as Exhibit A, attached hereto and incorporated herein by
reference, to be sold by Seller to Buyer, including but not limited to all rail, other track materials
and all other rail assets, located on the Subject Tracks on this date; subject however upon and to
the covenants, conditions and restrictions hereinafter contained, to which Buyer, for itself, its
successors and assigns, agrees to be bound as part of the consideration hereof.
A. The said Subject Tracks is conveyed by Seller and accepted by Buyer as is
and where is, and without any warranties or representations of any nature or kind expressed or
implied by Seller.
B. As of the date of this Bill of Sale, Buyer or its designee will assume all
liability for future maintenance, repair or removal of said Subject Tracks.
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2. Upon Buyer's acceptance and execution of this agreement, Seller hereby
permanently relinquishes and waives any and all rights it has or may have to construct, operate
or maintain railroad tracks and appurtenances within the platted limits of Washington Street and
Jackson Street in Dubuque, Iowa.
3. Upon the effective date of this agreement, Buyer assumes all of Seller's rights and
obligations with respect to the Subject Tracks, including but not limited to any obligation to
remove, sell or dispose of the Subject Tracks, and/or restore the roadway surfaces of Jackson
Street and Washington Street upon the removal of the Subject Tracks.
The words "Seller" and "Buyer," as used herein, shall be deemed to include at all
times and in all cases their respective successors or assigns.
day of September, 2010.
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IN WITNESS WHEREOF, Seller has executed this Instrument as of this
CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY
By:
Its:
CITY OF DUBUQUE, IOWA
By:
Its:
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