Res 097-2009 7/21/2009 �.�, �.
RESOLUTION NO. � �" aD�
Resolution Directing Closure Of A Railroad Crossing At Granger
Street, Subject to Burlington-Northern Santa Fe's Installation Of A
New Railroad Crossing At A Kell Boulevard Service Drive Between
Fairway And Barnett Roads
WHEREAS, the City supports economic and commercial development activities;
and
WHEREAS, the closing of railroad crossings in less traveled areas could facilitate
new crossings; and
WHEREAS, the location (Kell Service Drive) of a proposed new railroad crossing
would serve to enhance new development and increase the tax valuation of the City;
and
WHEREAS, BNSF Railway Company and the City of Wichita Falls, Texas, have
joined together to consolidate redundant and unnecessary street/railroad crossings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is directed to close the Granger Street (DOT #276363G)
railroad crossing to public vehicular traffic, subject to Burlington-Northern Santa Fe's
(BNSF) installation of a new railroad crossing at the Kell Boulevard Service Drive
between Fairway and Barnett Roads, and the City is authorized to place appropriate
end-of-road treatment on both of the roadway approaches. The City Manager may delay
closure of the aforementioned crossing and installation of road modifications to
accommodate same until the aforementioned new railroad crossing is authorized,
installed, and operational. Failure of BNSF and involved third parties to install the
aforementioned new railroad crossing shall authorize reinstallation of the
aforementioned Granger Street crossing.
PASSED AND APPROVED this the 21 day of Ju , 2009.
M A Y O R PRO TEM
TTEST:
City Clerk
, ,� . j -
' ,.
Authorization to Close Railroad Crossing and Release
STATE OF TEXAS §
COUNTY OF WICHITA §
WHEREAS, the City of Wichita Falls ("City") and Burlington Northern Santa Fe have determined that
closing the street crossing of the railroad at the location depicted in the Attached Aerial Photo will improve
safety and potentially reduce crime in the area by eliminating through-traffic;
WHEREAS, the City has sought the input and cooperation of the owners of property adjacent to the
crossings to be closed to ensure that business and personal activities are not unnecessarily curtailed; and
WHEREAS, the owner signing below intends the City to rely on this release in closing the street crossing
the railroad at the location depicted in the attachment to this document.
NOW, THEREFORE, I, ��� �� ��,Q %Y1,�.�, ��,;>- , owner of 203 N.
Mill St., Wichita Falls, TX, he�einafter lrnown as the "Property", which is located in Wichita Falls, Texas, in
consideration of the benefits to me resulting from the closure of the crossing depicted in the Attached
Aerial Photo, hereby release, acquit, discharge, and agree to discharge the City and the City's officers,
agents and employees from and against any claims for impairment of access, loss of access, reduction in
value, inverse condemnation, loss of property, and other damages to the Property resulting from the closure
of the street at or near the location depicted in the Attached Aerial Photo where it crosses the railroad. As
owner of the Property, I authorize and grant the City the right to close the street at the railroad crossing
described herein and declare that this authorization and grant shall apply to the heirs, assigns, and
subsequent owners of the Property.
5
�
I am the owner of (�} � % of the� �roperty. The other owners of the Property, if any, are identified as
follows ,�R� `��,h�, f {'h,c�j'� , ,
I warrant that I fully understand this instrument and execute it with full knowledge of its meaning, having
first read it carefully.
: n � ��,
EXECUTED this �. �.�L day of 1�1�''y, 2009.
�, <
Si ature
� �t1eS C - � r � r� � �- �f� � �-� r �i � C� � C� `�, c� { �ct • `r�-,1 �'��
Prmted Name & Maihng Address
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this _� day of , 2009, by
� ��5 C- `�<'t j'Il'e )
�
A
•�°°-�-. otary Public, State of Texas
_�soP� RITA MILLER
- �': Notary Public, State of Texas
;�;� ���,F My Commission Expires
"'-.;;a;;,;� October 28, 2011
H:\ Planning\Street, Alley, Easement Ctosures\Release ARCO.doc
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