HomeMy WebLinkAboutContract B/V 'P"-
RA/L H/4 Matthew K.Rose IINSF Railway Company
Chairman,President P.O.Box 961052
and Chief Executive Officer Fort Worth,TX 76161-0052
2650 Lou Menk Drive
Fort Worth,TX 76131-2830
Tel 817-867-6100
Fax 817-352-7430
Email matthew.rose@bnsf.com
April 16,2007 CAG-07-069
The Honorable Kathy Keolker
Mayor
City of Renton
1055 South Grady Way
Renton, WA 98057
Dear Mayor Keolker:
With reference to the proposed sale of BNSF Railway Company's(BNSF)right-of-way in King
and Snohomish Counties to King County,BNSF proposes the following terms to the city of
Renton in an effort to address mutual concerns over the potential sale and redeployment of BNSF's
right-of-way between Renton and Woodinville. These terms are enumerated below:
1. Overpass Reconstruction. Working with the city of Renton,BNSF intends to reconstruct the
bridges over Rainier Avenue and Hardie Avenue in the second half of 2007. BNSF will
manage the design and construction of these structures,and Renton will provide funding
for the reconstruction as follows:
(i) Renton will provide funding up to a total project expenditure level of$6,750,000.00.
(ii) BNSF and Renton agree to split evenly any costs exceeding$6,750,000.00 associated
with the Rainier Avenue and Hardie Avenue overpass reconstruction projects.
2. Right-of-Way Sale Contingencies. Through January 1,2020, BNSF will not sell, lease,rent,
donate or otherwise convey all or any part of its main line right-of-way(ROW)between
milepost 5.0 at Scopa and milepost 12.2Z just east of the Renton depot to any party other
than King County, Washington Department of Transportation(WDoT)or the city of
Renton for at least one calendar year after receiving formal STB permission to abandon that
same portion of ROW. It may also exclude other trackside properties to be determined.
Recipient must agree to rail bank the property so conveyed.
(We define the Main Line ROW as all property supporting main and non-industrial siding
tracks within these milepost limits up to at least fifteen feet from the center of the main line
track. It specifically excludes the Renton depot grounds between MP 11.7Z and 12.1Z.)
3. Abandonment Guarantee. Through January 1, 2020,BNSF will accept no Offers of
Financial Assistance(OFA's)in response to any abandonment filings BNSF may undertake
between mileposts 5.0 and 12.2Z if King County, WDoT or the city of Renton submits an
OFA to BNSF that substantially matches the best competing OFA.
''1000 Nioe
4. Abandonment Support from Renton. Through January 1,2012,the city of Renton will not
oppose BNSF's efforts to abandon all or any portion of its Woodinville Subdivision line
between Scopa(Milepost 5.0)and Woodinville(Milepost23.7).
5. Renton Depot Contingency. BNSF anticipates making no further use of the Renton Depot.
Should the Spirit of Washington discontinue use of the depot before January 1, 2012,
BNSF will provide the city of Renton the right of first refusal to either purchase or lease the
depot.
If these terms are acceptable to the city of Renton,please sign as designated below. BNSF
appreciates the support and assistance of the city of Renton as we move forward with the
transformation of the Eastside Corridor. We will hold this offer open until April 30, 2007.
For BNSF Railway Company:
7/4-4"4""die4'/i e Date r/G . y
Matthew K. Rose
Chairman,President and CEO
For the City of Renton:
Date z/'.?5--C 7 Attest: ` WCLt )
Kathy K lker Bonnie 1.Walton,City Clerk
Mayor
cc: Rick Weicher,BNSF
Andrew Johnsen,BNSF
Jerome Johnson, BNSF
Jake DeBoever,BNSF
Jay Covington,City of Renton
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