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2 <br /> OVERPASS AGREEMENT <br /> 41st Street Overhead Bridge (MP 1781.97) <br /> FORM APPROVED <br /> BY VP-LAW <br /> BNSF File No. <br /> 415t Street Overpass <br /> U.S. D.O.T. No <br /> This Agreement ("Agreement"), executed to be effective as of this day of <br /> 200_("Effective Date"), by and between THE BURLINGTON NORTHERN AND SANTA FE <br /> RAILWAY COMPANY, a Delaware corporation ("BNSF"), and the CITY of EVERETT, WASHINGTON, a <br /> political subdivision of the State of Washington ("Agency"). <br /> RECITALS: <br /> WHEREAS, BNSF owns and operates a line of railroad in and through the City of Everett,Washington. <br /> WHEREAS, Agency desires to close and remove the existing 36th Street at-grade crossing by <br /> constructing a new crossing at separated grade to be known as the 41s1 Street Overpass and designated <br /> as 41St Street, located at Railroad Milepost 1781.97, D.O.T. No. ; and <br /> WHEREAS, The existing 36th Street at-grade crossing will be closed and removed upon completion of <br /> construction and the placing in service of said overpass; <br /> WHEREAS, the Agency will require a construction and maintenance easement from the Railway for the <br /> project which is located in Government Lot 6 of Section 29, and in Government Lot 2 of Section 32, T 29 <br /> N, R 5 E, WM. As shown on the plans marked Exhibit"A' attached hereto and made a part hereof, and <br /> WHEREAS, the Railway will be required to perform certain work on its facilities, and <br /> WHEREAS, the parties hereto desire that the work to be performed by the Agency in connection with <br /> said construction be performed in accordance with plans and specifications to be prepared by the <br /> Agency, and <br /> WHEREAS, the Agency is willing to undertake the construction of said project with Agency funds, state <br /> funds and such federal funds as may be available, and <br /> WHEREAS, the Railway is willing to consent to the execution of the said project upon the terms and <br /> conditions herein stated and not otherwise, and <br /> WHEREAS, the parties hereto desire to contract for work to be performed by each of them in connection <br /> with this project and the payment of costs and expenses therein involved, and <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained <br /> herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> 5 Form 0105 Rev. 1/30/03 <br />