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HomeMy WebLinkAbout~Master - Cancellation of License Agreement with Chicago & Northwestern Railway Company DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Ames Legal Department,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146 Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105 RESOLUTION NO. 15-356 RESOLUTION APPROVING CANCELLATION OF INVALID LICENSE AGREEMENT BETWEEN CITY OF AMES AND CHICAGO & NORTHWESTERN RAILWAY COMPANY FOR THE CITY OF AMES,IOWA WHEREAS, in 1948, a license agreement between the City of Ames, Iowa, and the Chicago& Northwestern Railway Company was established to allow the City's power plant"diesel"building to encroach or exist in close proximity to a spur track of Chicago & Northwestern (C&NW) Railway Company [currently d/b/a the Union Pacific Railroad(UPRR)]; and, WHEREAS, this spur track, which was to the north of the mainline tracks, served a coal unloading hopper for the City's power plant; and, WHEREAS, this spur track and the coal unloading hopper were removed from service circa 1979,so the encroachment of the building's foundation wall on the spur track was relieved at that time; and, WHEREAS, this spring, in preparation for the demolition and the rebuilding of the cooling towers later this year,staff researched the license agreements that exist between the City and the railroad in the vicinity of the power plant, especially those that could affect the cooling tower work to be performed; and, WHEREAS, this "diesel" building needs to be demolished to allow for demolition and construction access to Unit 8 cooling tower; and, WHEREAS, on April 23, 2015, staff requested the UPRR consider cancelling several invalid license agreements, including and most importantly, the aforementioned agreement; and, WHEREAS,after several email exchanges between the City and the UPRR to clarify issues,on June 1,2015,the City received an email from the UPRR stating that it had already cancelled this license agreement in its system back on October 31, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the cancellation of the License Agreement with the Union Pacific Railroad is hereby approved. ADOPTED THIS 9t'day of June, 2015. J-. ��, Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Nelson Seconded by: Betcher Voting aye: Betcher, Corrieri, Gartin,Nelson, Orazem Voting nay: None Absent: Goodman Resolution declared adopted and signed by the Mayor this 9t'day of June, 2015.