Resolution 5695 - Laserfiche WebLink

RESOLUTION NO. 5695 A RESOLUTION declaring the immediate and permanent closure of the Junction Avenue Crossing of the BNSF tracks. WHEREAS,the City and BNSF Railway Company ("BNSF")have proposed an agreement for the removal and relocation of railroad tracks and the exchange of parcels of land located near the Snohomish River and east of I-5 in the City's proposed Riverfront Development Area; and WHEREAS,the exchange of land would be for the purpose of allowing BNSF to remove its existing tracks crossing the Riverfront Development Area and to reconstruct replacement tracks outside of the Riverfront Development Area; and WHEREAS, BNSF and the City have agreed that the City will permanently close, completely vacate and fence the pedestrian and vehicular crossing at that location, and deliver to BNSF documentation establishing the permanent closure of the Junction Avenue Crossing of the BNSF tracks; and WHEREAS, the City has conducted a search of its own records to locate any information which would bear upon vehicular and pedestrian rights to cross the BNSF tracks at the location of Junction Avenue; and WHEREAS,the City has been unable to find any ordinance, resolution, license,permit, contract or any other form of entitlement to support any public or private right to cross the BNSF tracks at the location of Junction Avenue; and WHEREAS,the City would retain in the agreement with BNSF the right to construct a pedestrian overcrossing of the BNSF tracks between 36th Street and Lenora Avenue; and WHEREAS, the Washington State Department of Transportation will be constructing a pedestrian overcrossing of the BNSF tracks at Main Street; and WHEREAS,the City Council finds that there is no public need now or in the foreseeable future for a public crossing of the BNSF tracks at the location of Junction Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT, as follows: Section 1. The City Council declares that the Junction Avenue Crossing of the BNSF tracks shall, upon the closing for the exchange of lands with BNSF, be permanently closed to the public, vacated, and fenced. Section 2. The City Council directs the City's Real Property Division to deliver to BNSF a copy of this Resolution as well as a quit claim deed to BNSF evidencing the City's abdication of any rights of public passage it may have in the Junction Avenue Crossing.