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MEMORANDUM OF AGREEMENT <br />BETWEEN THE SURFACE TRANSPORTATION BOARD, <br />THE MINNESOTA HISTORICAL SOCIETY, <br />AND THE CITY OF NEW BRIGHTON, MN <br />REGARDING <br />STB DOCKET NO. AB -882 <br />MINNESOTA COMMERCIAL RAILWAY COMPANY <br />-ADVERSE DISCONTINUANCE - <br />IN RAMSEY COUNTY, MINNESOTA <br />STB DOCKET NO. AB -884 <br />MT PROPERTIES, INC. <br />-ADVERSE ABANDONMENT - <br />IN RAMSEY COUNTY, MINNESOTA <br />WHEREAS, on November 9, 2007, the City of New Brighton, MN (New Brighton ) filed an <br />application with the Surface Transportation Board (STB) pursuant to 49 CFR 1152 seeking <br />authority for adverse discontinuance of service by Minnesota Commercial Railway Company <br />(MCRC) over a line of railroad known as the Butcher's Spur in New Brighton, MN beginning <br />near MP 10.5 and running southeast a distance of 0.69 miles to the western right-of-way <br />boundary of Interstate Highway 35-W (map attached as Appendix A), under Docket No. AB - <br />882; and <br />WHEREAS, on November 9, 2007, New Brighton filed an application with the STB pursuant to <br />49 CFR 1152 seeking authority for adverse abandonment by MT Properties, Inc. ("MTP") of the <br />same line of railroad under Docket No. AB -884; and <br />WHEREAS, in a decision served on July 16, 2008, the STB imposed a condition for the <br />proposed adverse discontinuance and adverse abandonment requiring New Brighton to retain its <br />interest in and take no steps to alter the historic integrity of all historic properties including sites, <br />buildings, structures, and objects within the project right-of-way (the Area of Potential Effect) <br />that are eligible for listing or listed in the National Register of Historic Places until the Section <br />106 process of the National Historic Preservation Act, 16 U.S.C. 470f, has been completed. The <br />City shall report back to the Section of Environmental Analysis (SEA) regarding any <br />consultations with the Minnesota Historical Society and the public. The City may not file its <br />consummation notice or initiate any salvage activities related to abandonment (including <br />removal of tracks and ties) until the Section 106 process has been completed and the Board has <br />removed this condition.; and <br />0 <br />