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Home My WebLink About08-25 Resolution No. 08-25 RESOLUTION , AUTHORIZING EXECUTION OF A PUBLIC ROAD AT-GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (Wing and State Intersection Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a public road at-grade crossing agreement on behalf of the City of Elgin with Union Pacific Railroad Company for the Wing and State Intersection Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 13, 2008 Adopted: February 13, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ciT(-/ UNION PACIFIC (/�_S�\(/J 111111 �� MAR 1 0 2008 March 5, 2008 Folder: 2471-39 JOHN EVERS,P.E. CIVIL ENGINEER CITY OF ELGIN 150 DEXTER COURT ELGIN IL 60120-5555 Dear Mr. Evers: Attached is your original copy of the PUBLIC ROAD AT-GRADE CROSSING AGREEMENT, fully executed on behalf of the Railroad Company. This Agreement covers the proposed Re-Construction of the Wing Street,At-Grade, Public Road Crossing in or near Elgin, Kane County, Illinois at the Union Pacific Railroad Mile Marker 43.20 on the Belvidere Subdivision, DOT No. 174 497X. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of this document and contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. When you or your representative enter the Railroad Company's property, a copy of this fully-executed document must be available at the site to be shown on request to any Railroad employee or official. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number and we are doing business as a corporation. In advance of entering the right of way, you should arrange to notify our Manager of Track Maintenance (MTM)at: UPRR James Nudera Manager of Track Maintenance 327 West Spencer Street West Chicago, Illinois 60185 Phone: (630)876 2755 Fax:(630)876 4644 Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street,Stop 1690 Omaha,Nebraska 68179-1690 fx.(402) 501-0340 In advance of entering the right of way,you should arrange to notify our Manager of Signal Maintenance (MSM)at: UPRR Ralph Gillen Manager of Signal Maintenance 7 East Lake Street Northlake,Illinois 60164 Phone: (708)649 2522 Fax:(708)649 5404 S cerely rs kkkt, Abitro L v., an R. Boornholdt Sr. Manager Signboards& Special Contracts (402)544-8549 ' UPRR Folder No.: 2471-39 AUDIT 247058 PUBLIC ROAD AT-GRADE CROSSING AGREEMENT BETWEEN UNION PACIFIC RAILROAD COMPANY AND THE CITY OF ELGIN COVERING THE WING STREET WIDEMNG PROJECT AT RAILROAD MILE POST 43.20 — BELVIDERE SUBDIVISION DOT NO.: 174 497X AT OR NEAR ELGIN, KANE COUNTY, ILLINOIS Id °""`" BUILDING AMERICA` UPRR Folder No.: 2471-39Wing Street Agreement Number 247058 PUBLIC ROAD AT-GRADE CROSSING AGREEMENT WING STREET—DOT No.: 174 497X UPRR Mile Post 43.20—Belvidere Street Elgin, Kane County, Illinois THIS AGREEMENT is made and entered into as of the\day of C ,200%, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporate n, to be addressed at Real Estate Department, 1400 Douglas Street,Mail Stop 1690,Omaha,Nebraska 68179 (the "Railroad")and the CITY OF ELGIN,a municipal corporation of the state of Illinois,to be addressed at 150 Dexter Court, Elgin, Illinois 60120-5555 (the "Political Body"), RECITALS: The Political Body desires to undertake as its project(the"Project")the re-construction of the existing Wing Street, at-grade public road crossing, DOT No. 174 497X, at Railroad's Mile Post 43.20 on it's Belvidere Subdivision,in or near Elgin,Kane County,Illinois(the"Crossing Area")as the Crossing Area is shown on the location print marked Exhibit A, the detail prints(collectively) marked Exhibit A-1, and as described in the legal description and print marked Exhibit A-2 with each exhibit being attached hereto and hereby made a part hereof. Under this Agreement, the Railroad will be granting a right of way right to the Political Body to facilitate the construction of the new road crossing. The portion of Railroad's property that Political Body needs a right to use in connection with the road crossing is shown on the detailed print(s) and also described in the legal description marked Exhibit A-2,with each exhibit being attached hereto and hereby made a part hereof(the "Crossing Area"). The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1 - EXHIBITS B AND B-1. The general terms and conditions marked Exhibit B, and the Contractor's insurance requirements marked Exhibit B-1, are attached hereto and hereby made a part hereof. Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/012006 Page 1 of 6 ``" BUILDING AMERICA' ARTICLE 2 - RAILROAD GRANTS RIGHT. For and in consideration in the amount of SIXTY FIVE THOUSAND ONE HUNDRED SEVENTY TWO DOLLARS AND 00/100 ($65,172.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and abide by the terms of this Agreement including all exhibits, the Railroad hereby grants to the Political Body the right to establish or reestablish, construct or reconstruct,maintain,repair and renew the road crossing over and across the Crossing Area. Also included in the above cost is a temporary right area consisting of 300 Sq. Ft., more or less,to be used for the placement and removal of the signal pole guy wire for a 6 month period. ARTICLE 3 - DEFINITION OF CONTRACTOR For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's property and shall also include the contractor's subcontractors and the contractor's and subcontractor's respective employees, officers and agents. ARTICLE 4 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. If the Political Body will be hiring a Contractor to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work), the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad before allowing any Contractor to commence any work in the Crossing Area or on any other Railroad property. The Railroad's current insurance requirements are described in Exhibit B-1, attached hereto and hereby made a part hereof B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D,attached hereto and hereby made a part hereof The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies,binders,certificates and/or endorsements described therein. Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/01/2006 Page 2 of 6 7 ux ox PAC if IC BUILDING AMERICA" C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: JAN R. BORNHOLDT Senior Manager-Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No.:2471-39 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. ARTICLE 5 - FEDERAL AID POLICY GUIDE A. If the Political Body will be receiving any federal funding for the Project: • the current rules,regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference, and • construction work by the Political Body and Contractor shall be performed, and any reimbursement to the Railroad for work it performs,shall be made in accordance with the Federal Aid Policy Guide. B. If federal funding is involved, as provided in 23 CFR 646.210(b)(2), the Project is of no ascertainable benefit to the Railroad and the Railroad shall not be obligated to pay or contribute to any Project costs. ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, consisting of,but not limited to, installing 2, 24 Ft. wide road crossing surface extensions, installing 50 Railroad cross ties, installing 160 lineal Ft. of rail, installing 1 rail car of rock ballast,installing other track material and welding of tracks,surface and align tracks,relocate and update the existing crossing warning signals,providing WZ traffic control and install all other signal related items is described in the Railroad's Material and Force Account Estimates dated May 31, 2007 crossing surface, and August 17,2007 signal,marked Exhibit C,each attached hereto and hereby made a part hereof(collectively the "Estimate"). As set forth in the Estimate,the Railroad's combined estimated cost for the Railroad's work associated with the Project is ONE HUNDRED SIXTY FIVE THOUSAND SIX HUNDRED TWENTY NINE DOLLARS AND 00/100 ($165,629.00). Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/01/2006 Page 3 of 6 i , 111111 e PA'" BUILDING AMERICA' I B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6)months from the date of the Estimate. C. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty(30) days of the Contractor's receipt of billing. D. The Political Body agrees to reimburse the Railroad for one hundred percent(100%) of all actual costs incurred by the Railroad in connection with the Project including,but not limited to,actual costs of preliminary engineering review, construction inspection,procurement of materials,equipment rental,manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. ARTICLE 7 - PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering—Design, or his authorized representative,for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are hereinafter referred to as the"Plans". The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. Notwithstanding the Railroad's approval of the Plans,the Railroad shall not be responsible for the permitting, design, details or construction of the Roadway. ARTICLE 8 - EFFECTIVE DATE; TERM; TERMINATION. A. This Agreement shall become effective as of the date first herein written, or the date work commences on the Project,whichever is earlier,and shall continue in full force and effect for Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/01/2006 Page 4 of 6 °FC BUILDING AMERICA' 111111 4 as long as the Structure remains on the Railroad's property. B. The Railroad,if it so elects,may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the date of this Agreement, or from the date that the Railroad has executed this Agreement and returned it to the Political Body for its execution, whichever is applicable. C. If the Agreement is terminated as provided above,or for any other reason,the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including,without limitation,all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. ARTICLE 9- CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK. Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: • The Railroad and Political Body have executed this Agreement. • The Railroad has provided to the Political Body the Railroad's written approval of the Plans. • Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements set forth in the Contractor's Right of Entry Agreement. ARTICLE 11 - TERMINATION OF ORIGINAL AGREEMENT. Upon the completion of the Roadway, the Original Agreement(if any existing crossing agreement exists) shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance, repair and reconstruction of the Roadway. Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/01/2006 Page 5 of 6 • t c'` BUILDING AMERICA- 111111 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in duplicate as of the date first herein written. U PA 1 C i' • ROAD CO i PANY (Fe•; l . ID .'460 3C2 30) r $Y - SII V\ JAN R. BORNHOLDT Senior Manager Signboards& Special Contracts WITNESS: CITY OF ELGIN �— V-Q,Li yti. B • _ . Diane Robertson, City Clerk 0lufemi oiarin ' Title City . n. :- (Seal) Pursuant to Resolution/Order No. 08-ail dated: February , 2008 hereto attached. Public Road At-Grade Crossing Agreement Articles of Agreement November 12,2007 Form Approved,AVP-Law—05/01/2006 Page 6 of 6 1 6 f EXHIBIT A To Public Road At-Grade Crossing Agreement Cover Sheet for the Location Print (See Recital) 1 i 6 1 1 GENERAL LOCATION PRINT TO W--- ':'E ACCOMPANY THE NEW AT—GRADE PUBLIC <n,%"' I ROAD CROSSING AGREEMENT DWRON DRmil_LL4Htu1 .-4: A Y z R"h ' j f 1 6 Bi c r BER CT '' Je t I .-.�_._. B^ AVE - �� • �,,�,-x RIVER BLUFF RD. '' d � " i •• r+• AVE �. .— al Aiin - r. p , C00' R : ' s n H Ha ' p j s 111*Ill �� :�.�, ,� Vis. � � '� perk • SLAD A i zi % " f .. •'fi i • 7 t < HESTE� v o tf ,_<. ' dC` 1 \'T �' < i CO UMB A'� „,, U LIST F �� of r - , w %� _ = A ��`: �� . -,,4".., ,,,s,4 AVE s 1 7-7.,, -44- � 4: �i 'it s A� } l AVEpLUM ST a i n t . • eqJ�FEReON 1 ; 11-1 PROPOSED AT-GRADE BAPROVEMENT PROJECT Z ` _i if , i t AT WING STREET BY THE CITY OF ELGIN ��z .---L-- Y Aix - DOT NO. EMONT ST Fs'' , s ,.. S'( PLYMO � m s � R-;��e` : i. ♦•• ' : ...... / Ii yCtyRY R 41 i a. :to {il G a,.---6 '.b + @ _ ._../ _ ..._ 7O'S 1 Q • _ n fin ... a ;m ( z m :: HIGH �.9 II IGIdBAi L STS0 ; b _ I p m lm l � am �o. �� ,� 1.4,,,,1„, �P T .p o ,_,,i,,,,_ p 4 y ''''' 1 i i - - . \„ . -. -,, . o-iv14,,---.. v----.4, 1. 1.----6,4 –Tel” –1—:, I3ELORMEan 111111111111111111 s NEI Meuse subject to license. ir ©2004 Delorme.Street Ades USA®2005. 0 10DU 2000 www.dlorme.com MN(2.r vv) Date Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY 1.Flagging BELVIDERE SUBDIVISION 2.Install 2-24Ft wide road crossing surface extensions MILE POST 43.20 DOT NO. 174 497X 3.Install 50 railroad cross ties GPS:N 42°,2.694';W 88°, 17.690' 4.Install 160 lineal feet of rail ELGIN,KANE COUNTY,ILLINOIS. 5.Install 1 rail car of rock ballast 6.Install other track materials and welding of tracks To accompany New At-Grade Public Road Crossing Agreement 7.Surface and align tracks with 8.Relocate and update the existing crossing warning signals CITY OF ELGIN 9.Install WZ traffic control for the WING STREET IMPROVEMENT PROJECT. 10.Install all other signal related items Folder No.2471-39 Date:October 18,2007 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE 1- (800)336-9193 Exhibit A To New At-Grade Public Road Crossing Agreement I EXHIBIT A- 1 To Public Road At-Grade Crossing Agreement Cover Sheet for the Detailed/Specification Print(s) (See Recital) PART OF THE NORTH V2 OF SEC. 14 AND PART OF THE SOUTH iY2 OF SEC. II, TWP. 41 N., R. 8 E. OF THE 3RD. P.M., IN KANE COUNTY, ILLINOIS Man PAA! arta IY W. KMl R .UM., tAtCe1Nt1440 r RnPtr A Z r '4 61111(( ont T. C•Eaw)r. yt• m Amu 10 10. Kiri 1L r lamaWEPf IR ANA OVMAMc[MIT 0.+i¢' on18 6,044 PF-tI-�I14eE 50 0 50 100 IflaWO CITY 0 rl•.IYIIt4•5 city Ok 151'4 0.0 0 %000 at-1- -001 r IF 00000 CHr 0 Et OIII1`4(00(11 0.0110 0.0.t. gQptt V0oM110t0 00x4..t OA•cLxt s.Sts 00 air 04 0•.211[ . "0g-11- iaii SCALES 1"=30' 2+111 VO0oMOCe Mir aKYICAY 8•.o.110,•S)-on 084 0..000, 0.200 -84.-n,-eff t Kew"`'MOP PACIFIC SLIM040 - )�f - - 8.ila -:•� -M-11-801 WING STREET RE-CONSTRUCTION AREA "tt N y� /`'�� LEGEND a"• wp0�t`p I4( t M 4404111 041:44014 CCM. 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ICS • 6 i .r",11714 IT Q 11ne11[fT .icrOR'[O1fEMa MG 4ELIRIK fW/irle h1 jrui1311[M[sENiy 114•{5I 2 1 100tH O••CST 4"--...*::-... »).•f Slav ot.v. = to) , i 114141.t r K 1n 14110 NO 7110.ILEO•4C 0.r•740(44141 h c. .MOs 94µ{1t 00 OCNT f11-0,0-71.04 0,40 1µ6E40 MO NO K 0 C / i..51.0.0 L .. .-' f 7 I ) i iso0 A (45511 ZT T 10 et t('4'M/1m'u''"''EA La4E''"""4 i 1 1.00 ifl.Q' d - E Q p•. 0r 4 '� 11,1011 Ffer'�RL 11 .1440,fiat[ 11swo - '-"Fx9r " 1540 4.0110..• .• 1144 o u 7414 r-rc •N �, 144.4([ i'- 1570 0.1 g.Maw[[a 401 1011 "7" ar a CO_.0 .. - 91b6'r`: »'- 601%1,4 lCax540 P.5.1s'1 ,4000 MKLffiMK l•N)NOYfiK p 0 F-Wi.s4 96x00 -' xtirsr,r '•.u.I Si`•hC'i.C in ...-c .� IrW - .. y,lt'' LICEKF[WltallM MtG VE44CA)a 10 t ,0 "Ai'At IFOOOA61 J 114,11' 06.)1, 11111'1 tdl'2"OF '4:1 • 50.0.9.111 1,4,00.11(,t.Lt `'' y • HOs4•, 1*1.)n Iw)sva roFo• Ens fc o.His (IFooO{SC -- j� PP• 4*0'ie+ i Ai aax'4i PAULTHOMSON 1141511 0.4x1 iw ivlslay 6110.11 4.554.7 ps s"AT•e L' . -L00 e.,40av USG1tt1 ELM399 S.POPLAR AVENUE '' csf..•C oI s x-' ''6,1124'2. ��c�,l.,�Dq o hell's"'t 111-lktl.l-4.4.441- 1630) 182,ILLINOIS 60126 tly.ly- lk C +11..11...4(,1 11.0..1110 -� ..-t S,,J'7Xay." 2.1t� 4(7414 tit-1•I11 I tYttt'�-Y�-1- 4630) 782'4550 tl `��y07 t�1SSxt1-S:1--0-- -11tt1tt11' € "- "7004" +`1;0'7'F w� m,4' itt ttl�ttt-4tS1$ Sr ve r,.t )O0. TiTII1tttA>i� tI'ttlil.tll't" 40 SIx01' t i I-.-- Msec$Arks.emmi t Ar•d0e,)m 1t. 0000"":,4415 55404X4 4 4111 4- t-t•1=1t t".CSSfi1•t11. 1- SCtI_t-kt l"C•t=1i LH CAG 4T if"c 0 0.0.440 O.. 11 t1• t tt 4111 tt sT PAUL a' Oro wtr. assul R.weA A WOOIS 11140114' t1FGt 1».4405.40.,4 A>fF.>w1 ANDSHEETI 1 O A CORD SHEET r r-1 t t 411 I$t t. AND is NOT RECORDED ...4t-T Tilt an.'.t 1331.... aey1510N DATE DESCRIPTION ILLINOIS DEPT.OF TRANSPORTATION T44. RCM non TOTAL HOLDINGS PROP(CURVE DATA N0.2 PROP(CURVE DATA NO.J kw._At..11410.ROUTE MST UE STATE RT 711 .0.C. 1ta. 11.51.II r.s 5. rt. *1.06.00 p-x-04 REM pun SECTION 9S-00159-00-C4) .c. .�. ,,.,.00 iu. 0 4.4° 0.44..7 Kra P5411 COUNTY KANE 5411.1 n-0001- 4 Fi•)i'04' 7x0)' 7056' �• A-94-002-07 PROJECT`Y-600316110 I 100.51 SEC 11614 T AIN•R RE OF 380 P.A1. o 601,10' • O 106'" STA 96400 TO STA 103400 r.t. 1110.. 4`1,,50.05 1.4. sr+ iAi:iiio DRAWN TC,AWN CHECKED PT U001444114010i1N* SCALE)I'•70' SHEET NO. 3 OF 9 {SEE GRAPHICAL SCALE ABOVE) ILLINOIS ROUTE 31 (STATE STREET) SECTION 11 & SECTION 14 TOWNSHIP 41 RANGE 8 E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002-03 RECORDING) RECORDING OM PART OF THE SOUTH V2 OF SEC. II, TWP. 41 N„ R. 8 E. OF THE 3RD. P.M., IN KANt LUUNI1, ILLINUTA :-ib.-Z t••l 50 0 50 100 N WING STREET RE—CONSTRUCTION AREA SCALE: 1"=30' yRt LEGEND I�Iq 0 1 - If O N RAVES SECTION CORER } CRT CROSS[EIROITAW �e 1 ,„ ® [xIf11R0 Olal Of RAr VAMP 44 • /01/0111010 PR a N0R �1 O .,%.....s.ROAo a icx`upw wE5 P'�IFIC RRIIRDAO I� '' ` %Egg f[nla WWI r, T Y PROP IAV 7997 ILLINOIS ROUTE 71 `� ■ SMIK EF PROPOSED NOR 1.1.1 IOLLH'..•,/•.,:. -- 1$TATF 3TREETI —---- i[C!InuaAR1 LR nu., Remo MAY K•RRo N,KIa elyls HNIxC --- WAIN KCTIa LINE ...mei rasa so oW[Kla ,•!YSP� j, _{. EKI51 Q FAU 7897 ILLINOIS ROUTE 31 aAR,ER 011MTSR �� !STATE 3TREETI Em a lIK •n u ORSTAASSUT N.10001ENT { 1��-T -- Emma n.ARK q faro a UT p.AExnna UNION PACIFIC RAILROAOkk�11-1'1111kk11•:Y1•- i1=J F.itJ1i-1•E1=t rLATTIA LOT ONE 15 1 .11.k-r1kkJ 1 �1.�u:. �— RRo[on 0QW LM •.Tl IKSE SOUS.N QENx•1Eo 11111{. R ARPAIE.T...sow LR Olt 51EAb IVOEK[PD OO -AI 1111 Ito 1-11"l i1:1 RI ITR EXIST-OF ROW y --JA JA J 1Nvo![u NOR ARK Eu a[[T L11 .rwrs _ EASTERL w try PACIFIC RAILROAD Ju Ai Ai/Ai /A ',WOW 03145,LRE .w STARRa 10 PNaouO MI 1 i J nit Mt UMON Mar 4_ 0....-..---.- RIRYIERI EA1[1EM1 IRE W pLrIY•1ED ANEAf IFOODSTPE - tUaw1.1 _ •��^��• cdl[1R1K 46 I �Ify tr 0M[R 1 TATE 3TREETI nrs00 '�� 10�+� .�• axTRaRE n mtT Na ji aKa1 wE�ofii�i A.r•� N P .ANENT AS 1 NT FAU 3991 ILLINOIS ROUTE�3o1i�p50 to-e— . IMMIINin °� IO 03.1.6 _ [{1/100 0RL01M0 0[0 OFOICA,ED I i116.11 111.1 S --- —x— ACCESS COMM.LK b•MIN 040P0 KARgO n.101.11.10 S0I.4101.E 105 y(010 -- IOC^^' ti1sT rN.TS' ... A __�— minim POUR 10 EKM hENT[OR 1.0.1. ��' M - 051.40 Ix®,TOTAL OnDIMOI „0 MV !„�OY�}-'-' "F"Th) [f1f[.f0 - t f�L MA, 1-iN PORP MI WIN 11aT N 107` ,.,e.ls •. 021 111 sr.10!•00.00 �. -- --- " JOAN A LOGAN ADDITION f0 ELGIN,ILL RC0100 •,-,• P[Ixt NP a.tr I�1,.-- RECORDED MARCH 15,1972 AS DOC•44279 W AT T _ f.tl{OF e[uRa N 1K CUOMO,Of TIC WON PACIFIC RAILROAD IMWYI'� �• • SSTS HL.II, __ - .1[tLEPITO14 I CRnalx.[f Ax0 II 0100 AR[OARED a AWNED VALUES OF R0i0 ART a Lm.IP - - {...flit,- 1._sluumARO J , I sumo* • 1.1 ,II C CU! 1.0 a NIS l•✓W1 Ix SIR 11 frA Iptwf.51U tf.M'Al.IO1liAt xPM On.w EAST 1,11• CATHERINE FLEM ING•5 0 W j 16 a R,,11'.••CUf N f/x Al fTA.ff,0 f4.Io RI•156].00.s.0. IOOLL.ei[•fT Noursrt Sl19DiVISION PE- DOC 133]7 .ENO PROJECT el !.,ON R1w IROx RR+r ArA A.u.Ib Vii•LT NIo1J1 x011M LeR.6a E.iT rY RECORDED JULY 1581 L'f 1 10444.34 Sr•r[or ILl11 1 i ss i LOT Lor COwTT a OIE ) 6 9 . ROM LINE TRIS If 10 0Ett E TMT L PALL A T14014011,MOFESSI01fL LAF•SIAMTa•Ra.01{.00[465 MK M f11N•/TED INE t OR RIdRAVS fWP 119 W%1111 TORxSRV 41x,, �y F1 O ASN W.TO MK,NIRO MIKOLL KRI IAV, M 011xrT TIUI 1 R0y[Y If Tat no S.10'1 P. - s SNOW. o TK UST 01115 IA 01 AVO!S ltII3 Pi10rx•8 a.ill[WK0['cOOAI MPK�x 0 `+'' a - Il.t.tY l.lrJ : .[�0014t,x.1 ALL i yp�KN ET -- 4 iO lE C�CEn5M0R 5 1100€LXRT•EMF 1010 11iKiOR lI,Kti•IIE EE0ui11011'„nE 6PKr �--[-' T PAUL 9 PACIFIC RAILOi'.1.1°1 01-t1 II.- , s[LL 70_AR PM Ar sr.WAIL SALMIS THIS_O.r a CHICAGO MILMAIMEE S .-.�I-rrl ttTl�kl i:I l IX�kC1"�1=Ci-C1 J1 I".Ck{ L CE OKE n w:IONao•ibAAANov[=0 .,17•ow.6f ,..„1'11 lkJ 1117-1:10111 J;C.C!1�11S1-CI-i 1"t:::1!.. t 1"kl1 I"k1.1-t lx A PAUL A. PAUL THOMSON 399 S.POPLAR AVENUE ELMHURST, ILLINOIS 60126 1630) 782-9550 RHAEA • DA NSH.Andre=•Ar,W.•1m 1. TOLL O YEA Ix K [ASfW11 EASLIERI RMaldl roP[ofT Mira Mao*C.M PARCEL ODER .0.01X,rI iR a E[ . IA[16 P3srm no OW MY DrAA SL WY,L MR x. .ROSE n FN.•ms.4,5L F..SIOSN.JNT SHEET I IS A COVER SHEET AND IS NOT RECORDED II0001RE ANION PACIFIC.11(7010 - - - - 0.740 L ..p6-11.10500d REVISION ILLINOIS DEPT.OF TRANSPORTATION DATE DESCRVTION PLAT OF HIGHWAYS T41•06 KVO]RATS r[_XE ROME RATS ROUTE 3997(IL STATE RT 311 •-•-a NOW Rom SECTION 96-00159-00-CH "W 0•ot-ot rasa RATS COUNTY KANE JOB• R-91.002-03 PROJECT*M-800318111 SEC 11111 T 41N.R 9E OF 380 P,M. STA 103.00 TO STA 105.00 I DRAWN IC.AMC CHECKED PT SCALE]I"•30' SHEET NO. 9 OF 9 41 ]SEE GRAPHICAL SCALE ABOVE) ILLINOIS ROUTE 31 (STATE STREET) SECTION 11 & SECTION 14 TOWNSHIP 41 RANGE 8 E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002'03 RECORDING: RECORDING ON: . . EXHIBIT A-2 To Public Road At-Grade Crossing Agreement Cover Sheet for the Metes and Bounds Legal Description (See Recital) . . Y PARCEL 1FD0057PE Route:FAU 3887(IL 31) Section: at Wing Street County:Kane Job No.:R-91-002-03 Parcel: 1FD0057 PE Sta. 100+10.80 to Sta. 104+90.00 Owner:Union Pacific Railroad Corporation successor to the Chicago and Northwestern Railway Company successor to the Galena and Chicago Union Railroad Company Index No.:06-11-502-008 That part of the right of way of the Union Pacific Railroad of varying widths,located across the east one-half of section 11,township 41 north,range 8 east of the third principal meridian,described as follows: Beginning at the intersection of the westerly right of way line of said railroad and the northerly right of way of Wing Street;thence north 5 degrees 48 minutes 57 seconds west (assumed)along said westerly line a distance of 23.88 feet;thence north 82 degrees 49 minutes 50 seconds east a distance of 67.16 feet;thence north 17 degrees 35 minutes 28 seconds east a distance of 68.24 feet;thence north 5 degrees 48 minutes 30 seconds west a distance of 343.71 feet;thence north 84 degrees 11 minutes 30 seconds east a distance of 5.70 feet to the easterly right of way line of said railroad;thence south 5 degrees 48 minutes 57 seconds east along said line a distance of 491.92 feet to a point on a curve; thence westerly along said curve to the right having a radius of 209.00 feet,an arc length of 86.83 feet,a chord bearing of north 79 degrees 43 minutes 28 seconds west and a chord length of 86.21 feet;thence north 67 degrees 29 minutes 19 seconds west a distance of 19.51 feet to said westerly right of way line;thence north 5 degrees 48 minutes 57 seconds west on said westerly right of way line a distance of 27.10 feet to the point of beginning,all in Kane County,Illinois. Said parcel containing 0.240 acres more or less. li:\ELGIN\129014\Office\Lcgals\I0-27-06\parcel 00579E-10-28-06 REVISED.doc EXHIBIT A-2 Sheet 1 of 4 PART OF THE NORTH l/2 OF SEC. 14 AND PART OF THE SOUTH '/2 OF SEC. 11. TWP. 41 N., R. B E. OF THE 3RD. P.M., IN KANE COUNTY. ILLINOIS N tnTAL CMr !�o.sI'"r F.f ". Mr" Tr, ``x *AMU "VI .GNB trims 4111',. 7L TAN.iW a.`TKn '�"44i 100.4 MOOT 0 SMALL Rtv«.N/)RAST 0,400 0.420, 0,080 01•11•3114-00t 50 0 50 100 O ti.. SMALL'S NRX(TY,E arT.0. 0110 0010 0000 Of•11-31f-001 I ' f g IF0oo41«o LUY a h5 0 0005 o.o2a p.a o.Wr' Of-R-N:-ate [�'1 11000120[0 EO,u.L.R MM0AK1 IL T.0..00 0.x00 0.000 0.201 «•IP]f4-nR SCALES 1"Y3D' s.1 *000moes FIRST A•YAICAN NAM.14.51•.If-0» 0.111 00001 0.206 Of-11-3114-00 .�y0I) 30TSP W N 1F0000/PE uNIW PACIFIC RHLRo,O --'- 0.040 Nly I 0.31-II•eur-001 1w 1 LEGEND L'V F 'OOL((� la IS WK2p UM*CNN. Qi �,S l"•i✓f WII1 CA 541ST E FAU 1307 `'- " *1120 STREET il (alt. + 45,,000 005 SO 3 �Ita PROP 6It FSU)JOT MITI ROi1 t[FYRY4 CORKA ■ E,iSiW6 River O 1M tlAR11o, ;IT iTREft f •• OK 4100 MICa •IIM% • SST l W"PIM NO a x00 .p I[[i u- =^=-.--- = O SST%wLx NON AOK E,OF EXIST RO*Lf�, 'S•, J h C i zm'o MM°'"°'�' EANNTE =TI Loc LISAINJ �pp iTTYI"I l'r Bp9ryS 41. •., ,, auRrs*=TIM LINE ■ franc a rRaOun Ra \i ,,r{�� S r , =1ST 4rARsu oil•10TN da Err f . 'i., "RIF*t{NE -..�- R47040lIK I1LN' 0 51 OII.MIM� o.1r WEST x.lr *ESTE ENISTN0 NON OK 142143'4 R CM04 11504..0 ;At. T.4'''''''''' M' ' UNION PACIFIC ftAILAOAD rt•04!LOT 00 L ax 0s TiLa 00 SIAM al NIFL" iWNtY EVA ' �W C INW.IAlr.R01 LINE •}I tNER Sl•K!RE»3.SI 11[M.'SO,S! fY0 } , Wry Nat VL _ ....,,,,,,=,......."0 2 IWIO M RI 10411ENTATION 1150$Ix -- -- e YrfS{i1i''�� S[MIMO i� i3 0.apS N•_ e1^, A,A,e U 44 L 1 [LPMYR WOW LINE .111 TSR SUM.IN 0111YATEn {•,ESI V 91 I .t-F.t ",.1i r_rl iSIp1Y."T EMEWr LINE all YYI.L RIFOOQ.030 r•5-lis ja UyNI�O.5N1PACIFSC rrrkl0 x9lr r F�.r CENTEwOE Nis M EES SONA.Ntx N.- y-y t}�} -t l-i•f i-T' �)S-'-F L[MIEAIb[n1£5117 pr ■Y S MONS V IROPOSIC NON '-•-•-.�•,-.�•' �4-fI�E-1-i-r "•,.1 .}�r� T Spf rtR IN Wat1Y•T[O WAS ISMO n NAIL a_ CO 8 6112'NOON 1 o e[SA/l{Y OrKR. r{�2- Sysply1SIOM TO �� }i'";" � }' =OI.SI.ir pGlx IM YV Y]a.S NLYI' AO= YXIOIIG �#-j•rr�C�-�3��- III}}666''(liD9G5mE� ala T :- • -3c- mEs6LMT3auNE / swe.eYriNEr `•$ MVP ~ ht PEA4ANEN1 EASE' '-"a an Mauro y j {+ y 5-{ -y { -y j{'I't�1{�,,y Marl arl P.r.», F''TTjj ..2- R.WI lrrrr"•�.r1r1 riI,:rl1-rrt�l�tria+'+`^ "��- � �r QY,ERIKPLLLLN C( TY�.7aTYMBiO 1..tEI IOOxT6F{ - i i1'501@ PLKIt YAe[IN GCN E%t5T FAU 3881100(12015 ROuiE}I a.aonorp IvraJLlrO rat N,� ,;T,.n 3 .off Est 10Js+r *"1 MOM o.°p UMW. 6 (N a4 (STATE STREEiI EY15r RM ISjiS10 fio'00.0000 tr R Po16.""'"''+"s ar yaS. 05K 145YV1900a- .,.-.....w•-- II _ .. , EXIST OP ROW Stout _r-., »,` ram R •K eASEo M MANED vALMs OF FILLS SET CO t«A»o .,.. I 3e+ r ] �' 1 li{°I.nLSr t NAM OF S 11,1410=1.4,X111110$�ING IS irt cnrel.N[v ON u.NY1 racPtc WOOD resrrsr-e •,404.,0.,r •.r ^ . PM.4.4,_04,:, 40.00112'0 0 .• t\r"�12}0 D � ib ra.-gig 3_" INF PNr IN S,.xr sr•.la2N[!W=ao•RT•,D»[.a"Wirx nnl0 E•si r�•r.,..,,,,ie -, p AS.]SY ` ,41,2',} Roll NN9PR•i O"R ll FPI IN 2OI.T S3L 55.at.f4 H.9 Rr niLOo 55.0 IOOSfAx[.St PROP E FAU 3551 ILLINOIS ROUTE 31 {. 'A �I+.F',,ai'37'r- OSED 5✓ax..w 1 f Af STA.1+111.151 x4.rr'LY•IOIOfJI NM1N fsf5.{{FAS) �/ (STATE STREET) f, » )� > L PROP SL :;oaoYTTrig p54yF1MiC1•LNlla« c["3eryRLyK P.IIL. % 116�1/,CA)�'lY ..•DOLS.rs:'k,� - - CONT,OF KM, 0 rig, sr, g @51 :1'6 1 [0000 ff.ina. : Soo y•.�i f iNO S"- ', +f 02:7 40 0'P"9 ::"N'33CWS11Y 1N OOIK i.f fl j�A(YL.- C 119 " 'j')",.• SArI.tXO 5 51.5 inc.., '" STATE OF At44lf gi. ,.. -j �;, � 55 Sueolv151MV qpM r"'"a._:_ ____;/.. J LIT 4L•.i A FtCMW ,'�N IN' y!Y ,ty..,•i.a,i 1Y .- D- MTTAf i1NOJ{II•A't ei r"Is I ro OEtt.K @M I r x044000 I,Ransl •IO rulL.ra. NR.W5 1f,xirc*RvtYEp NE n r aF xlpxR.Ts�xa.LKREM w 4 'SSGiIONN yI!Y0 Sf:L 210x 14,tOYNSXIr 4104 RUDE IF. @[iNIRO MINCIPFL i C�'•••• ,. •-,...'Sr - h.SiFR Y LIK ii.ag e5 - a RR-� PM"- 101 tri[6[Sy GK CWsiYhLLT K SM_,.[5 TR[Y0 LOWLETE r k."M i0 11 # ��11 T� d m Or 4YC o T, FM IwlttF,iwi TN;at ANN tONSECT REPR[Rxii r r[f2 ,li....��t UtA F00ae0ED, l• Sti Noz.SMARM. ALL 1s Ww 40 ESTMLISKO APE'Of A PEIIMIKNT 1 �. i COMMON PL FA..., / Y�».�P M'Ss r.o- tot 10'5 + AAL SUF a0 OCCUPY t rut C IUK SO.TO IKKIV APO WO 1 S NI�p l IWIf.fE 0.01',[ST �'"�.•'• 123':r f ..f' 6` S ] -ttA nE'P, y331t .K SIrFNlH,i 30 WISE IK RxYET t0 N K@.CFD.WOE FM iM OEral4EN1 5112 fIHlAi r,�0y�.•c' �,N,YY i KK ••••••S 1 "�•4 Lor I S p�Y ,"M'Y•t'{SI sok a @L2PMiaT@.SIFTS O`ILLINOIS. ♦/ - r,„„..._,---1-1414 9 1t^-- 150 L ,et *: SrN . psLOROW 11•0 0•x00 Al Si.M.RL[L Ia rNIS.��b•T N 20 SAO 113. •s 'S `uu.l FaM 410x140 1..•w survE1M Np.as•po245E • _ g-.- -N erSra' M`,r:c4'I ( YS'L'Y' '4."-,. .r 0.- SSSS, p 'G, ;y Al, SOi](- ¢Eral�Em@Ea♦4i�i[MvnmpR,NOVE4eER 3a COW 21...NT ' 93'2'YIIF000E6J r- ., SOMw _ x � f (55.33' .i1•MIVEYOR .- 1131T -- l.J� es.,,,:,..t. �,, ,is3 Ns r PAUL A. THOMSON (1.1.14 /I■s> [,s1 k, x H. 11FD00+9 1, .,.^�.,An1 * '['1304', 4, Q6 r `La'1 �00aa^'�iT 399 S.POPLAR AVENUE Aof"0 LYp,24n a5CI% _ W v,Li r `�irel7rt r1 \1.x11. i-�t Y' Is 60126 AL1 11e0N C9 #{}y .y { ELMHURST. ILLINOIS N f EKR0.1, T S1,1,Y,, t_ ..na RS M»0/x41_ 4[0-5 1 r-.. A--irt e. C PROP05Y-1+^ LS�i003SSC:!1��S�' ♦ t.1 s- {+ 1 1 t 3�( f630) TE I2.9550 _- �, ffara•JAr M''L• v.`- -GP�1�0�ryL "+'? y.1...,.L Altt11:11 -1I t-t.4i xrr•�:r-tat r +� L.- PM 041E 110 S HT-r t{h 1- 1x0rlek --1=rr , t ,120.0,•11 i�os f' � _-ri:1-. i 310 ML .51-' t y .} -}-{'� ,06401E AWO•m A Arp;Wr,im `ya3 ST1EE=r'E Fra 41 r1 kxI{- ,y-Y.1-LT'x il,v Vf 111x" r{rt1.1$$1.1,114 IC i "rola. } 5-}ty;tIrrx-F.. .rt t-1-1•`•1- CHIC 4G pAC1i1C RAILROAD eN rw Kr W+L,grYa K mw SHEET 1 IS A COVER SHEET Ip11Kgv Ln{nr.2t .�-}{-1-Yt-i-r si •1'''1.x14"*- -- A M-A.SN.IIT iu-A%LSN.DF/ AND IS NOT RECORDED 1011NENIP aT 0* R•K[.[KI 111{1-A'Xt;"1 L -\I0l,\t.r1-0111- st P X1.-: Si- REYt$ION ILLINOIS DEPT.OF TRANSPORTATION rit1 DATE OEESCRPTKN ..-.-r3'YI"Titt1 ..-r+ttY�-1x'1-r TOTAL HOLDINGS , -5-000 AM PLOTS PROP E.CURVE DATA NO.2 PROP t CURVE DATA NO.J -{-W ALM50055 nen ROUTE 3887 HE STATE NT 311 51.. S�N],5t PA.E, r1, 55,4000 o-.-0 RWM FLATS SECTION 96-00159.00•CH P.X.E. Sl•. .5140 P.• 51., 003.12]0 Wnx•02 FOOL FLATS COUNTY KANE uooJ• JOB. R-91-002.03 PROJECT.M-800]1610 k lsi�i n^ 1 EIR:" SEC 111114 T 41N.RBE OF 3RD PAL i {1sr 1 uAu• STA 96.00 TO 5114 103+00 L 151.13' C 3{5111• n n.]r0xT7• o S.s• DRAWN IC.AEI CHECKED PT !■@' P.O. su. 211+uws P.1. 43.E idi.»Jn SCALES 1"a 30' SHEET NO. 3 OF 9 ' CO Kam,. (SEE GRAPHICAL SCALE ABOVE) ILLINOIS ROUTE 31 (STATE STREET) SECTION 11 & SECTION 14 TOWNSHIP 41 RANGE 13 E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002-03 RECORDING) RECORDING ON: PART OF THE SOUTH I/2 OF SEC. 11, TWP. 41 N., R. 8 E. OF THE 3RD. P.M., IN KANE COUNTY, ILLINOIS N ^ z . . 50 0 50 100 4* SCALE: 1"=30' M M LEGEND yry1��h+�il CU ----� NON CIIMM IECTIM C••ER 4. CDT[ROSS rOWDA[r 01 1111{7x0 RIW1 a RAT WOO Iryyl • FOM Axl PIH OR Rm .461 _ /1 O SIT%MOT OM no. P4 r^ -faro.- WESTERLY RON LI0.0wN10N -- PROP(FAO 1887 ILLINOIS ROUTE 31 �"`71F,31 SUMO.COMER ■ •rY�OF Q V1 PACIFIC RAIL (STAT {731111171 \ IS.M• M[ALMO OIIRMEIOI IO"„T'. • .- —---— IACTI000Oxr LOE 5l,g//.'�' �_�� 115.tls MECOO ORYOOIOM 00188858 YCIIW LIME e•sls yl,x",S•IM fa NE 6 FRU]BBT ILLINOIS ROUTE]I ----- WMI�aYRrzR �°TT MUS OHEKI (STATE STREET( u I IH •TT Y CR E,KIM. �3 r� -- [llftlM ROE LIME 'i FOUO M SET yOIMENI.INM UNION PACIFIC RAILROAD rtt't1=tt 11=1$x�b4,l-t"1 t-1"1"t-11=t" +pit"" PLAT=Lm Luc , Ll_Ii-1.- .....r ROI LIME •S'S Mu SIM[.Ix LLL i�lXi=t ti tX{ C1:C1 E=t=t1111i F EXIST(OF Row _--_ FOOPERTT CM LIME EI[ ,R[•.Efwc[5IINC tr=r-t l- t.50 EASTERLY ROW DFF 161888 p L K .1, CO[ET LWA(M05818 t� ttt 1-1x1 t-kji g UNION PACIFIC 316,.31060 --- ....... [whirr[•uMulT AM MY tEMIs 0.r PROMO Rn MU �_ ,��, PEAyMExT t•S[1591 Le. WELL WAS IWHOAO •M.,—•- -" ...LIR 0 s WWII IFDDDSTPE t•AOWI ,g- ,R. QNIERYE a mtr Few 001EF abler WHEW T 3l 1{76711 STREET) 107 1• �— SW 0.06.41• TprEIILIME P.r. ANENT 0501.NT ' � '- THU 3887 ILLINOIS RW Eauk Inini UMW mom Nm Om.ptm F1014.55 ,evn• "' 106 )11511 - ' IgS. IIUO _ - - -�• y •�� —M— •CRts Maw LYE 1,R ALG.. sr•Im.u.IN rsT'E [ns] 1il,rr 1 G �-�'-� - '• - -CExiERLIM P.0 T. -�= [YCO•TIOI o KU r . f -- x 10531.10 'Q IX®•TOTAL WOWS PORE [ W 103'..4: -MNP_.)•''N'T+�� IOPIY SWM f,a[Iaa NOOm ---- -- JOHNARECORDED MARCH ADDITIONlITO OIC'•t�2 PSL ~224 roO�t Wm Llar In an•EAir IIP OJS'[••jL--- ---_-- , TB RANO 88x0[ MM.OSJs•1 ---i- _� LANDSCAPE R11,116�' I•s.t Or Kum Is TME wiTI OTE Of TME WON PACIFIC RAILROAD MIVWTY L'1 • ss.Nr Isays r - gErTTON INal ea Aro e1MMG1 ME USED M ASSWO PALMS u MO SET a La•Tm - i-ouT'ETt aU-EIWOMO 110.01000 • SITE COx1RG PoIM f. I Nx AT.,1 mi Ix sn AT 0}NI.SW,.H•RI.051.1) OR IISS.JO[•fr II�M CATHERINE FLEA,180.5 ENO PROJECT vJ 0 '1,1 CN Ix sr••r i?i.Sswr.K,IIfO•RI IEI,.W xOlrx 10011.'5 011' rouses SUBDIVISION PE' DOC 15337 ••: ..;.T.; IH•r srti 8.01.1.SA.1r Lr 1010.11 x0R1N IM.0 uii '}t RECORDED JULY .1881 L )104.84.34 • sl•iE Nr 01.10,), LOr R LOT ,,•'• CWNrr OF R•xE i ss M, 1 ii WE 7 R ROW LINE -- OHI]n ro IYn•RF Iwr I.PYL A. rM1058 MOFEs,IX L00 sYRYE+01L w.0)0.-OOTIEf.IYVf MILL R ST'ANYA rxE n•r OF NIFM•TS)MOI."eeN Ix uCNOx O,1',V lP ax- [�T ANS I[.a III two HII.cIPu 141001A IAM AME COHIIT IAT THE WAIT Is TAE 00 COYPr[rE LOT^u i. 1 AS SMORi„•0 THE EyEOSNrMof rs ArAL 1 FSi.uiisr4INAARi u•PLATT: VILTLnhITREFTTSd R -- ill.-2.15'EAST i0�OfItIOE)HORN INEREW 0U Mi IXF MNYE IS ME SIRFI[IFNI m FN•BlE ixE SWVFT -.B RC RLLSO.YAO[io M OtPMILExI OF troVHRTAr1Ol ST•IF Or ILTIMI. • - T PAUL fi PACIFIC RAILROAD SEAL DAM At 81.aux[.ILLINOIS 8518 DAT OF 50_AN CHICAyG�O�E-M ti-t t-t 1-tk�1-1-t. 9y 1 Ott-tt.11 N - ICF SEE 11 8RA O Wt AMO YRF J0.f00[ WE[E �..1,trtl�TSSi=a .....-1-1+rrtTtt-ttl=Ct1-ttU1$t�tTli"1- S11RVEYOR PAUL A. THOMSON 399 S.POPLAR AVENUE ELMHURST, ILLINOIS 60126 (630) 782-9550 RHALIA . Wiese 11.AdM•m 5 AAMdd•N 00 TOIAL PMT 63116 Ix H 168111x0 [AMMO HRYAIEYI PROUTY Mews Mr NAN V.goriu.g.. PER. OYMR IQp 1� RCM AL AL �6 •C, llElPpy OA x0. AC�TRm t t ..532 i W,M I SHEET 1 IS A COVER SHEET AL Ir000SAE LOW PACIFIC RAILROAD — -- I— ' — 0.540 '.•erc 640-805-009 AND IS NOT RECORDED - REVISION ILLINOIS DEPT.OF TRANSPORTATION ORIF DESCRIPTION PLAT OF HIGHWAYS RI' PLATE ,Pori HAW[M PUN ROUTE 3887 OL STATE RT 311 4 e41-88 H+•[P1AH SECTION 96-00159-00-CH S NA2.08 10e1 FLAIS COUNTY KANE JOB. R-91-002-03 PROJECT•M•B00316111 SEC 11514 T 419.R BE OF 380 PJ4. STA 103+00 TO STA 105+00 DRAWN TC.AWN CHECKED PT SCALE.I"•30' SHEET NO. B OF 9 ry (SEE GRAPHICAL SCALE ABOVE/ ILLINOIS ROUTE 31 (STATE STREET( SECTION 11 & SECTION 14 TOWNSHIP 41 RANGE B E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002-03 RECORDING: RECORDING ON: y I i---.-7. 1 V I I I i , 41 'BILLB f ,,QAR 1 rr jcg- -• + I f I i .Q ii 0 �� I �_.. i .-.....„.:7_-,„. I NO SCALE 1 + 1 a /g / 11 TEMPO I TEMPORARY RIGHTS AREA I 1 r I� FOR GUY WIRE USE- 10'x 30' I 1 FOR 6 MONTHS USE I * '� I 0 �� (300 Sq. Ft. MORE OR LESS) i. I y a <`r II I I 1 H 1 ' BILLB ARD #' 1 I +� �) II I �� +y <� / I I 1 i.i�/�.i ly V I 1 • , 1 I V I I i I 4.10A7Abb, IIIIIIIIIIIIIIIIIIIIpp' - 0, \ 7. ""illik .i 1 - - �, .... u1,9�_ - -� off' /� '�� 1141,. IF hippo ^ ' L I ilii ` ' - 'OLE '11.14411 "4:161::\ ' �- � , /'''' ''''''--.„ - -1" '''' 41. 1 i 17))---/(±\,-----..\-- ---_-___\,._41-10.'44.,,,--, A.....11 L______ __,.),_„:„..,,.., _ -,,,,,,------ c,.. „„. .. ...„. .., . , ,___,,,_ -_,,,,„ ailim 1_1!KIIT -0 .. \---\-------\----- • .,,,t,o, ct , ___ , a /4 ilk AEI*._ , • . EXHIBIT B To Public Road At-Grade Crossing Agreement Cover Sheet for the Terms and Conditions (See Article 1) ' Publirr Road At-Grade Crossing Agreement ExB INION Standard Form Approved,AVP-Law—05/01/2006 °°""` BUILDING AMERICA" WI EXHIBIT B TO PUBLIC ROAD AT GRADE CROSSING AGREEMENT TERMS AND CONDITIONS SECTION 1. CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing,the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas,oil or gasoline pipe lines.Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad,and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area,the Political Body shall,at its sole cost and expense,modify the highway to conform with the rail line. c) The right hereby granted is subject to any existing encumbrances and rights(whether public or private),recorded or not,and also to any renewals thereof. The Political Body shall not damage,destroy or interfere with the property or rights of nonparties in,upon or relating to the railroad property,unless the Political Body at its own expense settles with and obtains releases from such nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted,including,but not by way of limitation,the right to construct,reconstruct,maintain,operate,repair,alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal,communication or power lines to any highway facilities located upon the property,provided that such attachments shall comply with Political Body's specifications and will not interfere with the use of the Crossing Area. e) So far as it lawfully may do so,the Political Body will assume,bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances,or for the performance of any work in connection with the Project,the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY a) The Political Body,at its expense,will apply for and obtain all public authority required by law,ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. b) Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include,without limitation,all necessary and proper highway warning devices(except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project,the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. c) All construction work of the Political Body upon the Railroad's property(including,but not limited to,construction of the Roadway and all appurtenances and all related and incidental work)shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in accordance with the Plans, and other guidelines furnished by the Railroad. d) All construction work of the Political Body shall be performed diligently and completed within a reasonable time,and in any event within three(3)years from the effective date of this Agreement,or within such further period of time as may be specified in writing by Public Road At-Grade Crossing Agreement ExB Page 1 of 4 Exhibit B Standard Form Approved,AVP-Law—05/01/2006 Terms and Conditions To Public Road At-Grade Crossing Agreement Publt Road At-Grade Crossing Agreement ExB Standard Form Approved,AVP-Law—05/01/2006111111 5/01/2006 (1i' BUILDING AMERICA' the Railroad's Assistant Vice President Engineering- Design. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the - Railroad. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body,in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement,shall injure,damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad,such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. PAYMENT FOR WORK BY THE RAILROAD a) Bills for work and materials shall be paid by the Political Body within thirty(30)days of its receipt thereof. The Railroad will submit to the Political Body current bills for all work performed by the Railroad and all flagging and other protective services and devices during progress of the Project(unless flagging is to be billed directly to the Contractor). The Railroad will submit final billing within one hundred and twenty(120) days after completion of the Project, provided the Political Body advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the Project. b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety(90)days after it is awarded.Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse th Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS a) The Political Body shall,at its own sole expense,maintain,repair,and renew,or cause to be maintained,repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends,which shall be maintained by and at the expense of the Railroad. b) If,in the future,the Political Body elects to have the surfacing material between the track tie ends,or between tracks if there is more than one railroad track across the Crossing Area,replaced with paving or some surfacing material other than timer planking,the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area,the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect,or be required by competent authority to,raise or lower the grade of all or any portion of the tracks located on the crossing Area,the Political Body shall,at its own expense,conform the public highway in the Crossing Area to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either railroad, highway or both,the parties will apportion the expense incidental thereto between themselves by negotiation,agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance;and in order that the same may be adequately safeguarded,protected and assured,and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: a) Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property. Public Road At-Grade Crossing Agreement ExB Page 2 of 4 Exhibit B Standard Form Approved,AVP-Law—05/01/2006 Terms and Conditions To Public Road At-Grade Crossing Agreement P'ubli;.Road At-Grade Crossing Agreement ExB ,,Io„ Standard Form Approved,AVP-Law—05/01/2006 `°""` BUILDING AMERICA" 111111 b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety,both as concerns the Political Body,the Political Body's agents and employees,the officers,agents,employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws,regulations,and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad,the Political Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost,or charge, including without limitation attorney's fees,court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad,to defend such action free of cost, charge, or expense to the Railroad. c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities,or any communication or signal lines, installations or any appurtenances thereof,or the operations of others lawfully occupying or using the Railroad's property or facilities. d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications,or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project,the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. e) Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security,the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon,or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause,suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services,which shall not be given if,in the sole discretion of the Railroad's Vice President-Engineering Services,such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof,the"vicinity of the Railroad's property"shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons,or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions,restrictions or limitations on the transportation,handling,storage,security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. h) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered,including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. i) Drainage. The Political Body,at the Political Body's own expense,shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body,at the Political Body's own expense,shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed,diverted or caused to back up,overflow or damage the property of the Railroad or any part thereof,or property of others.The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. Public Road At-Grade Crossing Agreement ExB Page 3 of 4 Exhibit B Standard Form Approved,AVP-Law—05/01/2006 Terms and Conditions To Public Road At-Grade Crossing Agreement Publi Road At-Grade Crossing Agreement ExB u ON Standard Form Approved,AVP-Law—05/01/2006 PACIFIC i'' BUILDING AMERICA" j) Notice. Before commencing any work,the Political Body shall provide at least ten(10)days prior notice(excluding weekends and holidays)to the Railroad's Manager-Track Maintenance. k) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours(7:00 a.m.to 9:00 p.m.Central Time, Monday through Friday,except holidays)at 1-800-336-9193(also a 24-hour,7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies)involved,arrange for a cable locator,and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area,the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. REMEDIES FOR BREACH OR NONUSE a) If the Political Body shall fail,refuse or neglect to perform and abide by the terms of this Agreement,the Railroad,in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the highway and appurtenances in such condition as will not menace,endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. b) Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18)months shall,at the option of the Railroad,work a termination of this Agreement and of all rights of the Political Body hereunder. c) The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights,obligations or liabilities of the parties,accrued or otherwise,which may have arisen prior to termination. SECTION 12. MODIFICATION -ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. SECTION 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS This Agreement shall not be assigned without the written consent of the Railroad. Subject hereto, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Public Road At-Grade Crossing Agreement ExB Page 4 of 4 Exhibit B Standard Form Approved,AVP-Law—05/01/2006 Terms and Conditions To Public Road At-Grade Crossing Agreement EXHIBIT B- i To Public Road At-Grade Crossing Agreement Cover Sheet for the Insurance Requirements (See Article 4a) Apprgved:Insurance Group UNION ' Created:2/10/06;Last Modified:2/10/06 BUILDING AMERICA 111111 EXHIBIT B-1 TO PUBLIC ROAD AT-GRADE CROSSING AGREEMENT CONTRACT INSURANCE REQUIREMENTS Contractor shall,at its sole cost and expense,procure and maintain during the life of this Agreement(except as otherwise provided in this Agreement)the following insurance coverage: A. Commercial General Liability Insurance.Commercial general liability(CGL)with a limit of not less than$5,000,000 each occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement,which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing"Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident. The policy must contain the following endorsements,which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Property"as the Designated Job Site. • Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers'compensation laws of the state(s)affected by this Agreement. • Employers'Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. Other Requirements F. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional Insured"using ISO Additional Insured Endorsements CG 20 26,and CA 20 48(or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall,to the extent provided under ISO Additional Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active or passive,and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted(and the deletion indicated on the certificate of insurance), unless: • insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement,or • all punitive damages are prohibited by all states in which this agreement will be performed. Approved:Insurance Group Page 1 of 2 Exhibit B-1 Created:2/10/06;Last Modified:2/10/06 Insurance Requirements To Public Road At-Grade Crossing Agreement Apprgved:Insurance Group U ION Created:2/10/06;Last Modified:2/10/06 M BUILDING AMERICA' 111111 H. Contractor waives all rights against Railroad and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Contractor required by this agreement. _ I. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. K. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor,including,without limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. Approved:Insurance Group Page 2 of 2 Exhibit B-1 Created:2/10/06;Last Modified:2/10/06 Insurance Requirements To Public Road At-Grade Crossing Agreement EXHIBIT C To Public Road At-Grade Crossing Agreement Cover Sheet for the Estimate(s) of Material and Force Account Work (See Article 6a) z Jo i ;sags 3 1Iff X 1 • '&YM EA11J8442 1NZ OIICi 881 14 91400 NOilon9LS6133'IY U V 101 1111 711A 10d11 '01110011f110841 10 7411814K d0 1L1i1cYub 103 ISOs ARL NI 88188010 10 814419N1 44 JO 4101!19 144 aI 160xL491?1174 QL 1381'1118 CRY LINO 0414Wf158 884 S2I0NA MOO 91LI 811021 0811 A78I7an'PI0rU 0 .LIOad3 14111OR a7a440i1NO4 39111'11!0 0 t30810 mili<alYN S72V2SOEB HI18IX8 00096 1500 LOst A 09J,28IL98 0 00996 280510X2 rndd/17211317700s8 699ZE 9E;►9 3888411 71111L4K/101Y7 6[006 641E5 69560 01109 7YR0i3 71610 1,64£ 461E L64t IOU=3UdY8.L SM 999 05 505 Dorm 901sYJx0dSfi4lb 6918£ nate 04i6 6ZOZZ T+IMIS 045 ILS 049 ZYL 18718 MST 54191 54e97 88gI8IX2 INMA d TEttE TEEIE 4441 IMJJc IY 80147 094 051. 054 i304/T1t4 tom ZI6 ;is LT6 I3Vd1A03 OSt• 059 00 d204 11I4 130M q44019 56►C 919C SZ►C DA1888NI0N8 7111[ 61L 6E4 6E4 cox XM-018 541L 5416 54tZ 91,4T O4III00Y aoar1 IIS 815 TTS CO111111043 MION 04148$NI049 • T1301. Run T103111 'YU981451 10817 LINO JU0 110144I91330 7c '31119 101078 'W O 10 'LINA 231M90 8E3aI117OO 'CI'E► eAIaef8'dH 60009 'AMY Lt6OS 'a1d • 4001 101019 i0 1LL70 - '116010 '640110a Sl a11d11IVLsia.1900 /yuan Til Mind 01 0Y0171YV 54;t-966 83110 ROI 10010116 173f033 Tlti018 '018 18801A'OO 11.1 NO 0;'E0 'd'10 'II '101078 KI 131114 04110 IV AIBIJ 00111511XIII IAD OW 88110/10 4714018 74 087 Oi 3.11030 7 8oYJ0788 • 194011 40 1001.1411 180 47•40-100;' 31 lila 101EY11033 siwtOK 9 1004 0000[[1101158 818.1 warm Oidi3Yd ROM 8101 11 now/MOON 11130d 0101'IYIn31YN dO 81461438 44-t0-4O0; '11,14 • DATE: 2007-0B-31 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE 0000 FOR 6 MONTHS EXPIRATION..DATE IS :2007-11-29 DESCRIPTION OF WORK: INSTALL 2 24 FOOT EXTENSIONS ON EACH END OF EXISTING CROSSING INCLUDING PREPLATED TIES,RAIL,PAD$ AND BALLAST AT WING ST IN ELGIN IL. MP. 43.20 ON THE BELVIDERE SOB. CITY OF ELGIN TO PAY 100% OP COST. PID: 50924 ANO: 84095 MP,SUBDIV: 43.20, BELVIDERE SERVICE UNIT: 02 CITY: ELGIN STATE: IL DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 1000 1000 1000 LABOR ADDITIVE 232% 2320 2320 2320 TOTAL ENGINEERING 3320 3320 3320 TRACK S. SURFACE WORK BALAST 1.00 CL 2187 666 2853 2853 DILL PREP 900 900 900 FIELD WELD 65 65 65 FOREIGN LINE FREIGHT 150 150 150 HOME LINE FREIGHT 900 900 900 LABOR ADDITIVE 232% 23979 23979 23979 HATL STORE EXPENSE 318 310 318 0TH 592 474 1066 1066 RAIL 160.00 LF 801 2816 3317 3317 RDXING 48.00 TF 3902 7829 11731 11731 SALES TAX 636 636 636 TRACK-RETIRE 610 5000 5618 5618 TRK-SURF.T,IN 2375 2375 2375 • WELD 2104 472 2676 9676 KTIE 50.00 EA 6018 4003 9021 9031 • TOTAL TRACK & SURFACE 42541 22964 65505 65505 LABOR/MATERIAL EXPENSE 45861 22964 RECOLLECTIBLE/UPRR EXPENSE 68825 0 ESTIMATED PROJECT COST 68823 EXISTING RRUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 • RECOLLECTI8LE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OP AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL SILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. EXHIBIT C Sheet 2 of 2 EXHIBIT D To Public Road At-Grade Crossing Agreement Cover Sheet for the Contractor's Right of Entry Agreement (See Article 4b) UNION UNION PACIFIC RAILROAD COMPANY PACIFIC Real Estate Department I M O 1400 Douglas Street,MS 1690 Omaha,NE 68179-1690 (402)544-8620 October 18,2007 UPRR Folder No.:2471-39 To the Contractor: Before Union Pacific Railroad Company can permit you to perform work on its property for the Wing Street At-Grade Crossing Re-Construction Project located at the Union Pacific Railroad Mile Marker 43.20 on the Belvidere Subdivision,DOT No. 174 497X,Elgin,Kane County,Illinois,it will be necessary for you to complete and execute two originals of the enclosed Contractor's Right of Entry Agreement. Please: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. If a corporation,give the state of incorporation. If a partnership,give the names of all partners. 2. Fill in the date construction will begin and be completed in Article 5,Paragraph A. 3. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation,the person signing on its behalf must be an elected corporate officer. 4. Execute and return all copies of the Contractor's Right of Entry Agreement together with your Certificate of Insurance as required in Exhibit B, in the attached, self-addressed envelope. 5. Include a check made payable to the Union Pacific Railroad Company in the amount of$500.00. If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Services' new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Under Exhibit B of the enclosed Contractor's Right of Entry Agreement,you are required to procure Railroad Protective Liability Insurance(RPLI)for the duration of this project. As a service to you,Union Pacific is making this coverage available to you.If you decide that acquiring this coverage from the Railroad is of benefit to you, please contact Mr. Mike McGrade of Marsh USA @ 800-729-7001, e-mail: michael.mcgrade(a,marsh.com. This agreement will not be accepted by the Railroad Company until you have returned all of the following to the undersigned at Union Pacific Railroad Company: 1. Executed,unaltered duplicate original counterparts of the Contractor's Right of Entry Agreement; 2. Your check in the amount of$500.00 to pay the required balance due of the required Contractor's Right of Entry fee. (The Folder Number 2471-39and the name"JAN R.BORNHOLDT"should be written on the check to insure groper credit). 3. If you require formal billing, you may consider this letter as a formal bill; •,` ., Exhibit D Form of Contractor's Right of Entry Agreement To Public Road Crossing Agreement 4. Copies of all of your up-to-date General Liability, Auto Liability & Workman's Compensation Insurance Certificates (yours and all contractors), naming Union Pacific Railroad Company as additional insured; 4. Copy of your up-to-date Railroad Protective Liability Insurance Certificate (yours and all contractors), naming Union Pacific Railroad Company as additional insured. RETURN ALL OF THESE REQUIRED ITEMS TOGETHER IN ONE ENVELOPE. DO NOT MAIL ANY ITEM SEPARATELY. If you have any questions concerning this agreement,please contact me as noted below.Have a safe day! JAN R. BORNHOLDT Senior Manager Signboards& Special Contracts Phone: (402)544-8549 e-mail:jrbornho@up.com �t. Exhibit D Form of Contractor's Right of Entry Agreement To Public Road Crossing Agreement ONION c' BUILDING AMERICA' 111111 UPRR Folder No. 2471-39 Audit No. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 200 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (NAME OF CONTRACTOR) a corporation ("Contractor"). (State of Incorporation) RECITALS: Contractor has been hired by the City of Elgin to perform work relating to the Wing Street at- grade crossing re-construction project (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Mile Post 43.20 on Railroad's Belvidere Subdivision located at or near Elgin,Kane County,Illinois,which work is the subject of a contract dated between Railroad and the City of Elgin as such location is (Date of C&M Agreement) also shown on the print marked Exhibit D, attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors,officers, agents and employees,and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon Contractor's Right of Entry—05/01/2006 Page 1 of 5 November 12,2007 Form Approved-AVP Law BUILDING AMERICA" 111111 and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein,or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS A, B & C. The terms and conditions contained in Exhibit A,Exhibit B and Exhibit C,attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representatives or his or her duly authorized representatives (the "Railroad Representative"). You will need to contact each Manager listed below: UPRR James Nudera Manager of Track Maintenance 327 West Spencer Street West Chicago, Illinois 60185 Phone: (630) 876 2755 Fax: (630) 876 4644 UPRR Ralph Gillen Manager of Signal Maintenance 7 East Lake Street Northlake, Illinois 60164 Phone: (708) 649 2522 Fax: (708) 649 5404 C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit A. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise Contractor's Right of Entry—05/01/2006 Page 2 of 5 November 12,2007 Form Approved-AVP Law union BUILDING AMERICA" affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work,or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated (Date of Expiration) as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten(10)days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE. A. Before commencing any work,Contractor will provide Railroad with the insurance binders, policies, certificates and/or endorsements set forth in Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 Attn.:JAN 1?. BORNHOLDT Senior Manager Contracts UPRR Folder No.: 2471-39 ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad,Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. Contractor's Right of Entry—05/01/2006 Page 3 of 5 November 12,2007 Form Approved-AVP Law non 4 • °ACfC BUILDING AMERICA` VIII' ARTICLE 8 - ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Five Hundred Dollars($500.00) as reimbursement for clerical,administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. Contractor's Right of Entry—05/01/2006 Page 4 of 5 November 12,2007 Form Approved-AVP Law • BUILDING AMERICA` HIM IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: JAN R. BORNHOLDT Senior Manager Signboards&Special Contracts (NAME OF CONTRACTOR) By: Title: Contractor's Right of Entry—05/01/2006 Page 5 of 5 November 12,2007 Form Approved-AVP Law CROE ExA /01/2006 UNIOM Farm Approved,AVP-LawI i'I I BUILDING AMERICA' EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten(10)working days in advance of Contractor commencing its work and at least ten(10)working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five(25)feet of any track,or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed,and no person, equipment, machinery,tool(s), material(s),vehicle(s), or thing(s)shall be located,operated, placed,or stored within twenty-five(25)feet of any of Railroad's track(s)at any time,for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad,Railroad will bill Contractor for such expenses incurred by Railroad,unless Railroad and a federal,state or local governmental entity have agreed that Railroad is to bill such expenses to the federal,state or local governmental entity. If Railroad will be sending the bills to Contractor,Contractor shall pay such bills within thirty(30)days of Contractor's receipt of billing. If Railroad performs any flagging,or other special protective or safety measures are performed by Railroad,Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor,a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays,and two and one-half times current hourly rate for holidays. Wage rates are subject to change,at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor(or the governmental entity, as applicable)shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five(5)days notice prior to the cessation of the need for a flagman. If five (5)days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee,even though flagging is not required for that period. An additional ten(10)days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use,operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon,along or across any or all parts of its property,all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property,and others)and the right of Railroad to renew and extend the same,and is made without covenant of title or for quiet enjoyment. CROE ExA 5/01/2006 Page 1 of 4 Exhibit A Form Approved,AVP-Law Terms&Conditions To Contractor's Right of Entry Agreement CROE ExA 5/01/2006 ANIOCI ICN Form Approved,AVP-Law BUILDING AMERICAS' Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad,including without limitation,the operations of Railroad's lessees,licensees or others,unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by • Contractor at any time that would in any manner impair the safety of such operations. When not in use,Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track,and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor,and Contractor agrees that Railroad shall have no liability to Contractor,or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays)at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is,Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify,defend and hold Railroad harmless from and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses)arising out of any act or omission of Contractor,its agents and/or employees,that causes or contributes to(1)any damage to or destruction of any telecommunications system on Railroad's property,and/or(2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS-COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement,Contractor shall secure any and all necessary permits and shall comply with all applicable federal,state and local laws,regulations and enactments affecting the work including,without limitation,all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating,maintaining and supervising all safety,operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto attached,to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities,Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. CROE ExA 5/01/2006 Page 2 of 4 Exhibit A Form Approved,AVP-Law Terms&Conditions To Contractor's Right of Entry Agreement CROE ExA 5/01/2006 „„,,,, • Fbrm Approved,AVP-Law111111 °HCFC BUILDING AMERICA' C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S.Occupational Safety and Health " Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad,and to be certain they do not use,be under the influence of,or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute,Contractor shall indemnify,defend and hold harmless Railroad,its affiliates,and its and their officers,agents and employees("Indemnified Parties")from and against any and all loss,damage,injury, liability,claim,demand,cost or expense(including,without limitation,attorney's,consultant's and expert's fees,and court costs),fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss,and shall apply regardless of any negligence or strict liability of any Indemnified Party,except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor,then in that event Contractor shall,as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment,rubbish and other materials from Railroad's property promptly upon completion of the work,restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition,covenant or agreement herein contained to be kept,observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION -ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad.This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations,understandings or agreements,whether written or oral,with respect to the work to be performed by Contractor. CROE ExA 5/01/2006 Page 3 of 4 Exhibit A Form Approved,AVP-Law Terms&Conditions To Contractor's Right of Entry Agreement CROE ExA 5/01/2006 U„IC„ • FdTm Approved,AVP-Law MCI IC BUILDING AMERICA- 111111 Section 12. ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement,or any interest therein,without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors,and shall require all subcontractors to maintain the insurance coverage required to be maintained by Contractor as provided in this Agreement,and to indemnify Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement. CROE ExA 5/01/2006 Page 4 of 4 Exhibit A Form Approved,AVP-Law Terms&Conditions To Contractor's Right of Entry Agreement Approved:Insurance Group UNION Catate'd!2/10/06;Last Modified:2/10/06 "`"" BUILDING AMERICA" 111111 EXHIBIT B TO RIGHT OF ENTRY AGREEMENT CONTRACT INSURANCE REQUIREMENTS Contractor shall,at its sole cost and expense,procure and maintain during the life of this Agreement(except as otherwise provided in this Agreement)the following insurance coverage: A. Commercial General Liability insurance.Commercial general liability(CGL)with a limit of not less than$5,000,000 each occurrence and an aggregate limit of not less than$10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04(or a substitute form providing equivalent coverage). The policy must also contain the following endorsement,which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less$5,000,000 for each accident. The policy must contain the following endorsements,which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage)showing"Union Pacific Property"as the Designated Job Site. • Motor Carrier Act Endorsement-Hazardous materials clean up(MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers'compensation laws of the state(s)affected by this Agreement. • Employers'Liability(Part B)with limits of at least$500,000 each accident,$500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04(or a substitute form providing equivalent coverage)on behalf of Railroad as named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies,these policies must"follow form"and afford no less coverage than the primary policy. Other Requirements F. All policy(ies)required above(except worker's compensation and employers liability)must include Railroad as"Additional Insured"using ISO Additional Insured Endorsements CG 20 26,and CA 20 48(or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall,to the extent provided under ISO Additional Insured Endorsement CG 20 26,and CA 20 48 provide coverage for Railroad's negligence whether sole or partial,active or passive,and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion,if any,must be deleted(and the deletion indicated on the certificate of insurance),unless(a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement,or(b)all punitive damages are prohibited by all states in which this agreement will be performed. H. Contractor waives all rights against Railroad and its agents,officers,directors and employees for recovery of damages to the CROE ExB 02/10/2006 Page 1 of 2 Exhibit B Form Approved,AVP-Law Contract Insurance Requirements To Contractor's Right of Entry Agreement Approved:Iisurance Group „y,pry • Crated 2/10/06;Last Modified:2/10/06 °"111 BUILDING AMERICA" extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Contractor required by this agreement. I. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. K. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor,including,without limitation,liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. CROE ExB 02/10/2006 Page 2 of 2 Exhibit B Form Approved,AVP-Law Contract Insurance Requirements To Contractor's Right of Entry Agreement • CROE ExC D5/01/2006 CM ICM Faun hpproved,AVP-Law ""` BUILDING AMERICA" 111111 EXHIBIT C • TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term"employees"as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: • Waist-length shirts with sleeves. • Trousers that cover the entire leg. If flare-legged trousers are worn,the trouser bottoms must be tied to prevent catching. • Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute(ANSI)and FRA footwear requirements. B. Employees shall not wear boots(other than work boots),sandals,canvas-type shoes,or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing,neckties,finger rings,or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. • Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. • Eye protection that meets American National Standard (ANSI)for occupational and educational eye and face protection, Z87.1—latest revision. Additional eye protection must be provided to meet specific job situations such as welding,grinding, etc. • Hearing protection,which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders in use(when within 10 feet, employees must wear dual ear protection—plugs and muffs) • Other types of personal protective equipment,such as respirators,fall protection equipment,and face shields,must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214,Subpart C and Railroad's On-Track Safety rules. Under 49CFR214,Subpart C,railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations,all employees must: • Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. • Wear an orange, reflectorized workwear approved by the Railroad Representative. • Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority,which tracks may or may not be fouled,and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. CROE ExC 05/01/2006 Page 1 of 2 Exhibit C Form Approved,AVP-Law Minimum Safety Requirements To Contractor's Right of Entry Agreement CROE ExC k05/01/2006 LI ION . Frim Approved,AVP-Law ""` BUILDING AMERICA" 111111 IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative,any of Contractor's equipment is unsafe for use,Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: • • Familiar and comply with Railroad's rules on lockout/tagout of equipment. ■ Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. ■ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit,fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative,all equipment must be parked a minimum of twenty-five(25) feet from any track. Before leaving any equipment unattended,the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative,if applicable. During this briefing,the Railroad Representative will specify safe work procedures,(including On-Track Safety)and the potential hazards of the job. If any employee has any questions or concerns about the work,the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: • Always be on the alert for moving equipment. Employees must always expect movement on any track,at any time,in either direction. • Do not step or walk on the top of the rail,frog, switches, guard rails, or other track components. • In passing around the ends of standing cars,engines,roadway machines or work equipment,leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). • Avoid walking or standing on a track unless so authorized by the employee in charge. • Before stepping over or crossing tracks, look in both directions first. • Do not sit on,lie under,or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. CROE ExC 05/01/2006 Page 2 of 2 Exhibit C Form Approved,AVP-Law Minimum Safety Requirements To Contractor's Right of Entry Agreement t V w w EXHIBIT D TO CONTRACTORS RIGHT OF ENTRY AGREEMENT • LOCATION PRINT If a print of the right of entry area to be used by Contractor is available, it should be marked Exhibit D and attached here as part of the Agreement. 4 • 0 Y ^ter N i GENERAL LOCATION PRINT TO WA -t0 E ACCOMPANY THE NEW AT-GRADE PUBLIC I ROAD CROSSING AGREEMENT ' :71-To )- cio willow DR -- i 'i .4! iin ,,, irki , ..,,,..,,,.. ..,,,......„.. 0 la c !EMIT Y• itl i ,04 r AVE _,. c,y RIVER BLUFF 1. 1 a �{ � � fie -,.,}.. it ow I rt mean-�'- Lae k !I? �n � its ,q 0, ek $t y :. A_. Ilikain,mia trifi t{__ - ' i MEI1 ctoyiroco, , 1. till li _--- ., ,-w CO UMBl / 4. pm.} tL<11t1 lE • 119111104.111110/ t IflhiIjFERSOHA11__ 1' NO I el\ PROPOSED AT-GRADE IMPROVEMENT PROJECT m' r4111111 � t Milli AT WING STREET DY THE CITY OF ELGIN . It) � 0ito z 1111 ..Y t� �'' DOT NO. MOM ST • �� ,:'` Et• ,,, T co 11 ... ,,„.T:i pi MB I ST.43- "' . PEI!NM Y J 1 114E4 *, 111411173 * Ill � H11011111" .• 11111IL"w14141111111.1111 U a 8- IN mig v litilliii = = � k44 'IRVINE • IIMIN rsv, EI1 ;pi , maill101401:monaatiii,,, ,} � gnm rel■� � � u � ) .ORMl ft Date use subject to(cense. 2000 0 2004 oel.orme.Street Atlas USA.2005. 0 iiain,000 www.dedorme.com MIN(2 7'W) Data Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A" UNION PACIFIC RAILROAD COMPANY 1.Flagging BELVIDERE SUBDIVISION 2.Install 2-24Ft wide road crossing surface extensions MILE POST 43.20 DOT NO. 174 497X 3.Install 50 railroad cross ties GPS:N 42°,2.694';W 88°, 17.690' 4.Install 160 lineal feet of rail ELGIN,KANE COUNTY,ILLINOIS. 5.Install 1 rail car of rock ballast 6.Install other track materials and welding of tracks To accompany New At-Grade Public Road Crossing Agreement 7.Surface and align tracks with 8.Relocate and update the existing crossing warning signals CITY OF ELGIN 9.Install WZ traffic control for the WING STREET IMPROVEMENT PROJECT. 10.Install all other signal related items Folder No.2471-39 Date: October 18,2007 WARNING IN ALL OCCASIONS,UP.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.PHONE:1- (600)336-9193 EXHIBIT D Sheet 1 of 3 PART OF THE NORTH (2 OF SEC. 14 ANO PART OF THE SOUTH 1/2 OF SEC. II. TWP. 41 N., R. 8 E. OF THE 3RD. P.M., IN KANE COUNTY. ILLINOIS 31111 +CI KIK PMT N•A IN x•SSKN1 UMWKMNtNI r 3i Z •MLO• awEa PtI T, #aP N >C T. A K1ARf1 Y C Y rAfB ITV s2!!!.•1f 1µN �`a` f o° : 3g 3o-[x[;31 50 0 50 100 lioaa1150 ti aK l OIN (5,1 3 c.11:: y �•i•Sf IrpE0+1a[a MO Y MEf k[ EV•w r al 0 1 •t. vaoaemm insl a#�cM1ra,T•0-030 [� IN, OAK' 00 -3rf SCALE[ 1":30' pA Ilaaos,K WON PACIFIC RAILROAD -` 10S0S_1' -• _ &HO -•.seem•-311I•iO3-0Ol WING STREET RE-CONSTRUCTION AREA F., 6I.[ LEGEND + el p0\\\� u N wMtp SUMO carEN MM n 'PS EXIST C FAU 1307 ,It tf' � 0 11.1 RING S flEET ,} �1I,� + N,pass Pauott[t 3 UM,INICv ROP` r•••� NaTIM[MUD ■ [#11111[1 MKT of RAT NOOK uT n RINGG 51'REEt13D7 •wr l[kt¢1- `� • KAKI Nal PNS MIN Xlsl#M Dot STOW*NM 0 sat X MCN■aM We W {/) (OF EXIST ROM M's COWL K+t'• --'^- s[Ctr[wmu,t LOC •..t ma W .• 1J 13.,;!,,r:�:,•.• ?WIZ,1M�I+ ,N,./.• •/ ....... ='5:SWOON51'1 a.lf•Nf7M .y>:,,i.M:,� -..-,__ pWlfp WOOED ■ 1IMR•V P#00■a#M [{ •tRlf St ERI,T ROW LINE 211111 LNA 33.1• V[tnw#M•1.11 105 ,' •..•"p�( '-~. 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Naim �1 AUL A. NOM p, ' i N Yu evM+ .. n ��;eT 399 S.POPLAR AVENUE _ �y�am ' � INx EL1K#fST,[LLIN015 60126 -;.vI� s,.f 04.42,1P Li cati. c, y - v11 --�-}}Yx'Xt�t{tt$.1�St-tS''1tt- 16301 762.9550 T• '3__ '540'503 M3v _l-tESDGI� My 1124 'U-Mt-kt t.i.Sl-14.4.1 ti-k'+"` . I X r' f uK■ ''1 d THEM t��1'q#-1#SiSS-411:1 C11 & i0. t i ,•+ ,;F;„L•3303 f 13-Vil }al { �a t 'yS 311 '1[' t-YtJ.i�+N" 111 -N^:t-i-5 «d 1t-µ- �.F'•'1.3•," Piet B ArMs A Aredaa,i.a Y..W y t ktt 1 {Cxt1 4nxAwEE AD �•aNv wr-. YrplMltf Lat uctlp IA tt't-'t'`.j�•k•'�•1-I" ;t'�Tt'tSs'1^5- CNICAC.ACINIC RASLi� Fial`N'r'foI Skr0[t A[Rrt ra.Kw t,101rN..rA f FAff ��•t t:Sl - t tkGt'k�-�$i ST PAUL I. M.MAW= 'Pa•[XUM.D// T t IS A COVER SNEEI 11 t CC 3Ar" Is NaT aEcaaDED ...-TI.111'.1•+11/1t1...+.lit l-1:1 Vt:k 1:13--1 PvistCN . ILLINOIS DEPT.OF TRANSPORTATION DATE DESCRPrION TOTAL HOLDINGS 1,11-011 ROK KATE PROP(CURVE ONTO NO.2 PROP(CURVE DATA NO.3 3-[•a-N wee KArs ROUTE 311117 III.STATE RT 311 7 .F. 50. PP.02., P.tt, Ili' N.11Aa ya-ON 1.1.111‘.1% SECTION 96.00159.00-CH 5 1.1.1.. 370. ».•f.a,4 s., st+. )..110 $•N•OT Kra KAt[COUNTY KANE RAa' iaa.o• d al' d Irn'a+• JOB• R-91.002-03 PROJECT.4.1100716111 yi.o' sss.fa - ft's ) loaf• SEC 161114 T S•q 113 OF 3RD P.R. iI 11�1111p•• 0 6115+U• ORARNSTA 6i AWN CHECKED TA 103.00 ! PJ 3,a CS"•'" P.1. !LL lol•�.° 4Mtin iti ttNC iiroa KO,. 1APALT3 Of g 'EGRHICAL SCALEABOVE) ILLINOIS ROUTE 31 (STATE STREET) SECTION II & SECTION 14 TOWNSHIP 41 RANGE 9 E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002-03 RECORDINGS RECORDING ONS a is r ♦1 11 4 5 • 2.-.:2:1-4.--z 50 0 50 100 A M WINGISTREET RE-CONSTRUCTION AREA SCALE: 1"=30' (4..4 LEGEND 0.4 -- If O N WARIER SECTION COWER + NI TIAMlw E OF •A uT WNW® METRO ENN • ,AN Am PS[OR Am /\ O UT 16 IOW We ROW r, >� oK S*M,NI• Y RON INE UNION al MO IW COMA W VJ .." " NESIP�CIFIC RA LROOAD PPOP``FAU JWWT ILLINOIS ROUTE JI J ■ EDAM OI PpMS[0 Ip I017aY-�,,,,.w -_ lSTATFSTREETI _—— MCIITA$AIT UK 14L1n MCMo 111x76101 ,F.v•;:%,.,.^ ----— 5MR111 LECTION LIK a.sl aa.yi'..",jXE EXIST 0 FAU TWIT ILLINOIS ROUTE 31 --- 010010 °t''"'Nw^ cOwrLn anima t1 . 15747E STREET) uala‘0.1140111.11 •N MY SNRT 101(0l —-- ISIfTSO WO LII• ti WO OR LEI VAARENTATMN UNION PACIFIC RAILPOAO RATTED LOT LN[ I7 �!— own WWI AM •NII MSL STMER IR ROWANS t-t 1 t IV-t-t-t-tj l n.t7 t1�a{ a={t-t-FGt.t'a elkt�►pp�a:rtrar c k� �a � rt-t�tx{' EXIST(OF ROW —0. MAW MOW AIK En 1ASO.RI IDIS FOTO 1 "'/00"t EASTER`Y PON OFIRy0t0O REN AS[ ITS Co Mt IENN(0T0tION. to l t-I A 1 --- M M M•LI [E 0..EAS[1[R!LAI ■V DOM OF WWII NOT Ry I.SO.S w UNION 4 FLAIL � UNTE IN WWI AM w MIMED)Mot IF0005TPE 1�lONt 4- TREEiI .Op 10+ie ,rr• UMW CT Lust AEN nW IL E[�`ii en[Ru 15747E S 10.03_0_:, 07 4 - '�� tot anivety rtf01.S.IiS r,1. PER AH NT A E J NT -"� FAU 3117 ILLINOIS ROUTE 31 wino 401(01.01 co OWIC.T[0 D �m 106 Al.ten 1.1410.11.18 1115.:1 - 111.17• W 1 -- —K ACCESS CmtAOL LM[ p•• St([AN La 101.11(0 SOMI/Si•[10�A4° rTt.rr IO5 , �•� pQPtWN C•GOO LIiOTI •- IDaw" L•IEl •• y[wl[AIIM PALL -�" p IO:Y.10IN®.TOTAL MEW POUR R[ ° r.v ]I•.oL' - • rTj !711670 — 4.-s•— .L�: 1-NL PW PLLI 0110 LICK IOS7�'-., .A.Ay •. Ia1P swlx s..1p:.00.m _--- - JOHN A LOGAN ADDITION TO ELGIN,ILL • NR•[R W Mar" RECORDED MARCH 15,1812 AS DOC•M2TW MOM -•-•- ILNLS It fur...°n ..-....r:7-'7 -" 10_- ! �6 __ ullucu[m nE-/• .��" Kg Nutt a WWI Is IK ttxr[RM w M:.ION PACIFIC A.uou MNNnr. ilfr�• :60r I n .r• . �xLEF,1M^1}T I i'" NMI[t IND SC O W ML.MLS OH WNW...LW Or FWD UT G Uu010 - 10fl lrl o -lILam oJ , \YIRLMY0 rlt�•` 1 Ii Ut.TIL 0 CUt I { IJ m Ari]I'r Nl M i STL IOTwSlN 26N'RI•IOi161S N011M nn.w LIS1 • CATHERINE CLEM NAG'S C EJ 01 Ril 71•Y NI IN t%N 11 LLA.f:.OT.a4 ta.m'At•nn.m MN1N Im it 11' W.W.I ' SUBDIVISION PE' 00c 1533T .ENO PROJECT u u.Iw INu nn•r sr..aMUL tan•L1•INaul Nur"mse.m usl MOUE RECORDED JULY .1881 Lor i 104.04.34 MIA Or 411IS 1 +• Lt' ° • • WWII 0P WHE I ff ,riO L t F% / N /T/ RON LINE AITJIV001E[..tM M/MfAD 01"6:1 111a/1101{Ny..LIN[SL�ISOlrl II.t UP llEv-wLPKMAW" `;' A { _ ,1:T.M'EMT-+ 1:f N[rlll M ALL IlOYat GIl[O TWO IN MA 7N[ygOISYx[ND (Mr(4W.. w ilw[XiEie[w'LLLtEIIt OCcvrr - RAILROAD 1 iN[ 101EN1 OE ISMNIASI0N STLIE 01 4131. T PAUL 1 PACIFIC 0001. PATO AT sl.000[1,01.1NN1 MS_SAY OF OD_Al CHICAGO MLLNAUKEE S - u.tct tit: rLrt.trt.ta tt r.txrt7�t�tr-rr-t txt rxtl.rr.t-un -y F 1 I� -1 I-I-} RLM01f IAO,ESSIONR LOO SmRYA1 N0.OAyplAta ....-r r IY 7'I[1-r1�Ft 1-t t IJ.1.t-t-1-1 -unvi 1 1 1-H UCEWE 1 V WIINI OLIL NOVNYR]0.2004 SURVEYOR PAUL A. THOMSON 399 S. POPLAR AVENUE ELMHURST,ILLINOIS 60126 16301 782-9550 RHAGA r W06.A IL/Mom i ArWm,LR OmatlaS WOW.. r01AA PMT MA IN RE USW! SAS[WT MOMENT PROPERTI MR ,OY•I War PARCEL OW OMS WI ROS[LIST. IM OWRED rao.I IMk Sam Sar E 11171 .C. K. K. M. Kpulpit W. K , ' AT , P.m•1318!54 rot-Ia■UOIr SHEET 1 IS A COVER SHEET ANO IS NOT RECORDED POopSrrL WITH NOM mRmW — — — — 0.240T.3:,�'55.11-sot-001.- REVISION ILLINOIS DEPT. OF TRANSPORTATION DATE DESORPTION PLAT OF HIGHWAYS TWO4 RUSE RATE rs-m lava',MS ROUTE 3841 OIL STATE RT 311 '7 0-x-07 ram nos SECTION 96-00159-00-CH y g-00.00 R,ww RATE COUNTY KANE JOB. R-91.002-03 PROJECT•M-300316111 SEC 11114 7 41N•R 4E OF 3RD P.M. STA 103.00 70 STA 105700 1 DRAWN TC.AWN CHECKEDPT SCALE:IT•30' SHEET NO. 8 OF 9 OSEE GRAPHICAL SCALE ABOVE) ILLINOIS ROUTE 31 (STATE STREET) SECTION II 6 SECTION 14 TOWNSHIP 41 RANGE 8 E OF 3RD P.M. COUNTY KANE JOB NO. R-91-002-03 RECORDING: RECORDING ON: f 1 :+ • t S r 1\1 January 18, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Joseph Evers, P.E., City Engineer SUBJECT: Public Road At-Grade Crossing Agreement with Union Pacific Railroad for the Wing Street and State Street Intersection Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve the execution of an agreement with Union Pacific Railroad in conjunction with the Wing and State Street Intersection Improvement Project. RECOMMENDATION It is recommended that the City Council approve the agreement with Union Pacific Railroad. BACKGROUND The City has been pursuing the widening of State Street (Illinois Route 31) at Wing Street to accommodate a left turn lane since the early 1990's when it was decided that the north end bridge would no longer be pursued. This project, along with Kimball Street improvements completed in 1996 and the proposed improvements to Dundee and Summit, is intended to offset the loss of the North End Bridge corridor. The Wing and State Street Intersection Project is close to having all permits and designs completed and the attached agreement represents several years' worth of negotiations with the railroad to acquire their permit. The City will pay the railroad to extend the pavement crossing within the limits of the tracks, replace the existing signal system to accommodate the wider crossing and the new traffic signal interconnect, to provide flagman during construction and to permanently utilize an area of right-of-way owned by the railroad. The City will pay the railroad $65,172 for the right to permanently utilize additional railroad right-of-way and will pay $165,629 (estimated) for extension of the crossing, new ties and rails, and new signals. The agreement includes the conditions for insurance and for "right of entry" to the railroad right-of-way which the contractor will pay and to be reimbursed in accordance with the bid documents. Union Pacific Railroad Crossing License Agreement January 18, 2008 Page 2 According to the agreement and the railroad regulations, flagging is required whenever the City's contractor is within twenty-five feet of the rails. According to IDOT regulations, flagging costs cannot be included as a pay item within the bid documents, therefore, the City will have to pay for flagging services on a time and material basis. An order of magnitude cost for flagging is $20,000. Actual costs will depend upon the contractor's ability to complete any work within the limits in a timely manner. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The agreement with the Union Pacific Railroad will require payment in the amount of$65,172 for the additional right-of-way required for the intersection improvement. Additionally the City will reimburse the railroad for improvements made to the crossing in the amount totaling $165,629 (estimated). Finally, flagging costs, estimated to be $20,000 will be paid by the City, during the course of the construction project. Total railroad related costs for the intersection improvement are estimated to be $251,000. Sufficient funds are budgeted ($2,000,000) and available ($2,000,000) in the Riverboat Fund, account number 275-0000-71.93-80, "Public Ways-Street Improvements," project number 339683 - Wing Street/Rt. 31 Intersection-to pay the associated costs. LEGAL IMPACT None ALTERNATIVES 1. The City Council may approve the agreement with Union Pacific Railroad. 2. The City Council may not approve the agreement with Union Pacific Railroad. Respectfully submitted for Council consideration. (do) Attachment