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r <br /> BUILDING AMERIG~1° <br /> 4 <br /> y UPRR Folder Ng,,1575-11 <br /> UPRR Audit No. ~t f , " # ~ <br /> PUBLIC ROAD CROSSING <br /> AGREEMENT <br /> 8~` Street - DOT No. 756 547H <br /> <br /> i Mile Post 646.68 -Brooklyn Subdivision <br /> Eugene, Lane County, Oregon <br /> THIS AGREEMENT is made and entered into as of the day of <br /> ~.c_c.~-ems 200, by and between UNION PACIFIC RAILROAD <br /> COMPANY, a Delaware corporation to be addressed at :1400 Douglas Street, MS 1690, Omaha, <br /> Nebraska 68179-16902 (the "Railroad") and the CITY OF EUGENE, a municipal corporation of <br /> the State of Oregon, to be addressed at 777 Pearl Street, Room 105, Eugene, OR 97401 (the "City"), <br /> RECITALS: <br /> Presently, the City utilizes the Railroad's property for the existing 8~` Street at-grade public <br /> road crossing, DOT No. 756 547H, at Railroad's Mile Post 646.68 on it's Brooklyn Subdivision, in <br /> Eugene, Lane County, Oregon. <br /> The City now desires to undertake as its project (the "Project': <br /> • the reconstruction and widening of the existing 8a` Street at-grade public road crossing as <br /> shown on the Railroad Location Print marked Exhibit A, and the Detail Prints <br /> collectively marked Exhibit A-1, with each exhibit being attached hereto and hereby <br /> made a part hereof. The existing aforementioned roadway, as reconstructed and widened <br /> is hereinafter the "Roadway". <br /> The right of way granted by Southern Pacific Transportation Company to the City under the <br /> terms of a Street or Highway Easement, dated July 6~, 1976, (hereinafter "Original Agreement', is <br /> not sufficient to allow for the reconstruction and widening of the road crossing constructed under the <br /> Original Agreement. Therefore, under this Agreement, the Railroad will be granting an additional <br /> right of way right to the City to facilitate the reconstruction and widening of the road crossing. The <br /> portion of Railroad's property that City needs a right to use in connection with the road crossing <br /> (including the right of way area covered under the Original Agreement) is described in the Legal <br /> Descriptions collectively mazkedExhibit A-2, and illustrated in the Legal Description Print marked <br /> Exhibit A-3, with each exhibit being attached hereto and hereby made a part hereof (the "Crossing <br /> Area"). <br /> The Railroad and the City are entering into this Agreement to cover the. above. <br /> AGREEMENT: <br /> NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: <br /> Public Frighway Crossing wi Highway Grant Articles of Agreement October 10, 2007 <br /> Fom Approved, AVP-Law - OSPo22006 page 1 of 5 <br /> <br />