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Home My WebLink AboutCAG1998-0318 - Original - Burlington Northern Santa Fe Corporation (BNSF) - 196th Street Corridor Project Settlement Agreement - 08/04/1998 SETTLEMENT AGREEMENT This is in the matter of the appeal before the United States Court of Appeals for the Ninth Circuit in City of Auburn v. United States, Case No. 96-71051 and City ofAuburn v. United States, Case No. 97-70022. As a result of mediation held on July 20, 1998 before the Honorable M. Margaret McKeown, and continued subsequent negotiations between the parties, Burlington Northern Santa Fe Corporation and The Burlington Northern and Santa Fe Railway Company (collectively, "BNSF") and the City of Kent hereby agree to settle their disputes relating to matters raised in the two cases under appeal. This constitutes the terms of a settlement agreement of the City of Kent and BNSF: 1. BNSF will contribute $400,000 to funding the 196t' Street grade separation project at the time the City of Kent awards the contract(s) for construction of the entire grade separation project. 2. BNSF will reimburse to the City of Kent the cost of its contractor installing a cable between traffic lights at intersections immediately east of BNSF's rail line through Kent at the streets Gowe, James, Willis and Smith, on the one hand, and railroad signal bungalows on BNSF's rail corridor, on the other hand. BNSF will supply the railroad signal bungalows as part of its project to increase speed limits for Amtrak trains, which will be installed before June 30, 1999. The City of Kent will be responsible for maintenance of the cable and traffic lights. 3. BNSF will donate at no cost to the City of Kent air rights for the 196 h Street bridge structure over BNSF's rail corridor, an easement for support columns of this bridge that are located on the edge of BNSF's rail corridor, and temporary easements for construction and maintenance of the 196th Street bridge. 4. BNSF will pay its L.I.D. No. 340 assessment as this assessment becomes due, and will not further challenge the L.I.D. 5. BNSF will permit the 196 b Street bridge to be constructed over its rail corridor, on the terms set forth in BNSF's standard form construction and maintenance agreement at no cost to the City of Kent, except to the extent that such is inconsistent with the express terms of this settlement, and the City of Kent also will execute and observe such agreement. 6. BNSF will not oppose the 196th Street project before the Washington Utilities and Transportation Commission. 7. In return, the City of Kent will not seek any further contribution from BNSF for the 196h Street grade separation project in the form of taxes or additional assessments of BNSF property or through any administrative proceeding or litigation, and the City of Kent will dismiss with prejudice its pending appeals before the U.S. Court of Appeals for the Ninth Circuit,Nos. 96-71051 and 97-70022. 1 8. This is a binding agreement between BNSF and the City of Kent. IN WITNESS WHEREOF, authorized representatives of BNSF and the City of Kent have executed this Agreement as of August 4, 1998. CITY OF KENT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: By: Its: Dennis W. Wilson, Property and Transactions Counsel K1160651000.33%TGAITGA 0201N 2 SETTLEMENT AGREEMENT This is in the matter of the appeal before the United States Court of Appeals for the Ninth Circuit in City of Auburn v. United States, Case No. 96-71051 and City of Auburn v. United States, Case No. 97-70022. As a result of mediation held on July 20, 1998 before the Honorable M. Margaret McKeown, and continued subsequent negotiations between the parties, Burlington Northern Santa Fe Corporation and The Burlington Northern and Santa Fe Railway Company (collectively, "BNSF") and the City of Kent hereby agree to settle their disputes relating to matters raised in the two cases under appeal. This constitutes the terms of a settlement agreement of the City of Kent and BNSF: 1. BNSF will contribute $400,000 to funding the 196th Street grade separation project at the time the City of Kent awards the contract(s) for construction of the entire grade separation project. 2. BNSF will reimburse to the City of Kent the cost of its contractor installing a cable between traffic lights at intersections immediately east of BNSF's rail line through Kent at the streets Gowe, James, Willis and Smith, on the one hand, and railroad signal bungalows on BNSF's rail corridor, on the other hand. BNSF will supply the railroad signal bungalows as part of its project to increase speed limits for Amtrak trains, which will be installed before June 30, 1999. The City of Kent will be responsible for maintenance of the cable and traffic lights. 3. BNSF will donate at no cost to the City of Kent air rights for the 1961h Street bridge structure over BNSF's rail corridor, an easement for support columns of this bridge that are located on the edge of BNSF's rail corridor, and temporary easements for construction and maintenance of the 196`" Street bridge. 4. BNSF will pay its L.I.D. No. 340 assessment as this assessment becomes due, and will not further challenge the L.I.D. 5. BNSF will permit the 196th Street bridge to be constructed over its rail corridor, on the terms set forth in BNSF's standard form construction and maintenance agreement at no cost to the City of Kent, except to the extent that such is inconsistent with the express terms of this settlement, and the City of Kent also will execute and observe such agreement. 6. BNSF will not oppose the 196th Street project before the Washington Utilities and Transportation Commission. 7. In return, the City of Kent will not seek any further contribution from BNSF for the 196h Street grade separation project in the form of taxes or additional assessments of BNSF property or through any administrative proceeding or litigation, and the City of Kent will dismiss with prejudice its pending appeals before the U.S. Court of Appeals for the Ninth Circuit,Nos. 96-71051 and 97-70022. 1 8. This is a binding agreement between BNSF and the City of Kent. IN WITNESS WHEREOF, authorized representatives of BNSF and the City of Kent have executed this Agreement as of August 4, 1998. CITY OF KENT THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: By: � d . �•Ge*,4� Its: Dennis W. Wilson, Property and Transactions Counsel K'A16W51000331TGA1TGA_0201 N 2 MOVE: * To authorize the Mayor to sign the proposed Settlement Agreement between the City and the Burlington Northern Santa Fe Railroad, subject to approval by the Public Works Director and the City Attorney of the terms and conditions of a Construction and Maintenance Agreement with BNSF for the construction of the 196te Street Corridor above-grade railroad crossing by the City Attorney; * To further authorize the City Attorney to execute any additional documents necessary to fulfill the settlement conditions; and * To make the proposed settlement agreement between the City and Burlington Northern Santa Fe Railroad a part of the record. w.«xa......,. ...........w... SEPT•BY PRESTON : 8- 4-98 : 1:50PM PRESTON� ------2-- 859 3983:# 2/ 3 Filed for the Record on MY SETTLEMENT AGREEMENT This is in the matter of the appeal before the United Spa n Court of Appeals for the North Circuit in City ojAerburn v. United Stares, Case No. 96-71051 mid City of Auburn V. United Sraias, C:asc No. 97-70022. As a result of mediation held on July 20, 1998 before the Honorable M. Margaret McKeown,aid continued subsequent negotiations between the patties, Burlington Nordx:m Santa.Fe Corporation and The Burlington Northern and Smis Fa Railway Company (collectively, "BNSI,")and the City of Kcnt hereby agree to settle their disputes ieLtting to matters raised in the two cases under scppod. 'Cbis constitutes the terms of a settlement agroemem of the City of Kent and BNSF: 1. RN,SF will contribute$400,000 to funding the 196*Street grade separation project at tote time the City of Kent awards the contract(s)for construction of the entire grade separation project. 2. BNSI: will reirubursc to the City of Kent the cost of its contractor insudling a cable between traffic light.%at intersections immediately cast ofWff's rail line through Kam at the streets Gowc,James.Willis and Smith,on the ow hand,and railroad signal bungalows on RNSY's rail corridor, on the other hand. BNO will supply the railroad signal hnngaluWs as par of its ymie at to increase speed limits liar Amtrak trains,which will be installod before Jute 30, 1999. The City of Kent will be asp6nsible Car maintenance of tlx:cable and traffic lights. 3. DNSF will donate at no cost to the City.of Real air rights fur rho 1W%Street bridge strucatre over BNSF's rail corridor,an easement for suAlort columns of this bridge drat arc located on the edge of BNSV's rail corridor,and temporary easements for construction and mair► manse of the 196w'Street bridge. 4. KNSF will pay itq L.I.D. No. 340 assessment as this assessment becomes due,and will not further challenge the L.I.D. 5. BNSI'will permit the 19e Street bridge to be constructed over its rail corridor, tits the terms set forth in ANSF's standard form constructka and maintenance agreement at no cost to the City of Kcnt, except to the extem that such is inconsistent with the express terms of this settlement, and the City ar Kent alert will execute and observe such n6wcmont. 6. HNSF will not oppose the 19e Street project bafmc the Wad dnglan Utilities and Transportation Commission. 7. In tenure the City of Kent will not seek any further coatribduion ffdkn RNSY for the 196h Street grade separation project in the form or tam or additional assessments of BN SY property or through arty administrative proceeding or fldVdon,and the City of Kent will dibaniss with prejudice its pending appeals beibre the U.S. Court of Appeals for The Ninth Circuit,Nos. 96.7le51 and 97-70022. 1 o8/04/08 TtTE 13:39 ITLRX No 86091 SENT,BY:PRESTON 8- 4-98 1:51P11 PRESTO�'- 253 859 3983: 3/ 3 r s. This is a hiim&I ;moment between BNSF and the City of Kent. IN WITNESS WHERE-OF,authorized mTresentativaa uCBNSF and the City of Kent have executed this Agreement a9 of August 4, 1998. C9iY OF KEN'T TTTf BUjtLMTON NOltyliERN AND SANI'A FJ RAII,WAY COMPANY By_ Ky: Its: Ihmtis W. WaMazL.Property and Twousections Counsel K•il10tl10miaT'WtTW�CN1 M Z TOTAL P.03 os/o4/98 TU1S 13c39 ITX19X. NO 85091 SENT UTRESTON 8- 4-08 PRESTOV pitES 't• ON GAT & E1, LI S 1- LP ATI•Da NEY -% FAX COVER SIIEFT August 4, 1998 (DO) o: Mr.Roger A. Lubovich rem: Marc C. Levy (Individaai) 3 o. of Pages: City of Kent (lnebldin$Coves Page) (Com ") e: # 16065-00033 (253) 859-3993 (1'ulecopy SO) (253) 859-3300 (Cw,linnuion Wu.) lease contact: X 1'elecopy opemor (206)623-7580 if you do not receive all of pages,P Name: Fact.: COMMENTS: Siped agreement from Dennis Wilson enclosed vi the to nation is intadad only for the use of me EUS On containedinthiNfacsimile is cunlidential and may a1SD be altornay1fi legal• („ fnr delivering it to lha entity W wham it it aJdrss+ed. if you ate not the intended reeipian, a the elaoplayae Or& r r this communicadun is fly pmltibitod. if you pient You are hereby notifiedthatany>1Ya JiSRensinadon dbtributioa or eopying the Awlimile in error,please immediately notify us by a colleu telephone call to(206)623-75E0,andnxtan d1e original mcstalge to uposW Service. Thank you• A LIMI'CUD ►.IAUILITv PARTNNKSIItP INCI.IIDING OTllaa LIMITED LIAnILITY P.NTIT1a3 ANCNOaAOa• (jt)K11K WALCNU• Ilom(: Xoma- Log At4Uvj.r! - OKANOr COUNTY • POATLANO• SAN haANCISCO• SCATTI.Y.• SrONANI:• WASNIN(ItON, I).C.. 701 FIFTH AVENIIa W"5000 SEATTI.L, WAmIINGTON 98104.7011 206-623.7580 t:X: 206-623.7022 www.Preslungates.culn