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Title:
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Agreement with the Union Pacific Railroad regarding street crossings and easements for rail crossings at Rio Court, 13th Avenue and Shoshone Street. The construction of the West Corridor will require RTD's acquisition of a portion of UP's rail corridor commonly known as the "Burnham Yard North Lead." As a result of such an acquisition by RTD, certain of the UP's trackage and other railroad facilities located on the Burnham Yard North Lead will need to be relocated for the UP's railroad operations. As part of such relocation, the UP will need to acquire the Easements to operate its railroad across Rio Court, 13th Avenue and Shoshone Street (the “Street Crossings”).
Both the UP and the City have the power of eminent domain but the law is not clear that one or the other power is dominant. To avoid the significant and unnecessary expenditure of time and money on litigation or eminent domain proceedings, and to accommodate the compatible public uses of the Street Crossings by both the U...
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