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AUG 17 1983 54 Pace 1 <br />EXECUTION OF DOT STIPULATION & FEC LICENSE AGREEMENT RE <br />RAILROAD GRADE CROSSING AT 4TH STREET <br />The Board reviewed the following memo dated 8/10/83: <br />TO: Chairman Richard N. Bird DATE: August 10, 1983 FILE: <br />and Members of the Board <br />of County Commissioners <br />SUBJECT: Railroad Grade Crossing at <br />4th Street -- <br />1) DOT Stipulation <br />2) FEC License Agreement <br />FROM: Christop r J. Paull REFERENCES: <br />Assistant County Attorney <br />As you are aware, the Public Works Department has been preparing to <br />open and extend 4th Street across the FEC Railroad tracks and <br />through to U. S. Highway #1. As part of the process, the County is <br />required to obtain Department of Transportation approval for <br />opening of a new railroad grade crossing. Together with the DOT <br />approval, a separate License Agreement between the County and FEC. <br />is required to govern use of the railroad's right-of-way where the <br />street will cross same. <br />1. The County petitioned DOT for approval of the grade crossing <br />and the parties in interest have reached terms on a proposed <br />stipulation which is attached for your review and approval. By <br />entering into the stipulation, we may avoid the timely step of <br />having to go through a formal agency proceeding. Obtaining <br />approval of the DOT is a preliminary step to the actual closing <br />of the crossing at 4th Place. The closing w4.11 require a <br />subsequent abandonment type proceeding and public hearing <br />before the Board of County Commissioners. <br />REQUESTED ACTION: <br />Move to approve the terms of the STIPULATION OF PARTIES, <br />attached hereto as Exhibit "A," and authorize the Chairman and <br />Clerk to execute same. <br />2. As a consequence of the 4th Street extension, the CouF.ity must <br />now enter into a new License Agreement governing use of the <br />railroad's right-of-way at 4th Street. A resolution <br />authorizing approval and execution of the License Agreement is <br />attached hereto as Exhibit "B," together with the License <br />Agreement itself. <br />REQUESTED ACTION: <br />Move to approve the resolution, the License Agreement and to <br />authorize the Chairman and Glerk'to execute both. <br />Jim Davis, County Engineer, will be available together with myself <br />to answer any questions you may have on this item. <br />52 <br />