Talley Drive to Talley Addition 60 inch Storm Sewer Pipeline Crossing Agreement
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Form 4940
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PIPE LINE LICENSE
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THIS INSTRUMENT; executed in duplicate,
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and
, . "Jan'Wir.1, 2, ,
TheUDdersi~edCarrierherebygrants, but on solely the hereinex~~eised ierm., and conditionS, and'~"UndenignedLiCensec
( amunicinalQOrnorat:i:9n ), to be addressed ai:",S~naj'If8nit~ ' " ,
(abow whder'Ul"iIIdivWu!II;:'e&:p.rtnenl,or corporation and state wherein iDcol'pC)rated)' , " ", ", , ':"",' I'
>,',:1""""",' HI' : "'" ' , ,herebyaccepts;permissiontoinst8n, keep arid use, for conveying'fileWage..
"':',1" "/'"'i;!^the~c~see's own , <~~bef), certain ~r~~em~~ COIltinuoU8line~f~HtBf:&ed
'I:Orrtlgst;~4':troil'" pipe ';}~ ilJ.lc~s, ,indian1eter~lu1dappurtenances, including~ asphal:t coating , ,
, Jaer~call~Pipe Line, on the Carrier's property,hereJIl called Premises; Pipe Line wilL be used " , , '
C Ollvet "Se1i'~g~,
to
, ,,<tt.~~rJti~waJ), ' In Sa~~' Ootlilty, ,
T.~4 ,,$. ' ,R.'3,W~St $aline County,
, , <COIUltJOI'parillh) ,
Approximate locatiori of Pipe Line is indi~~ bYhea"ybl.Ui;;l
Pipe LiJie ahaI1 interllCCt Carrier'.exiatina
, 1tl/4 of Section, 26
Kansas , at or' nearSalii'>>i
(atate) (place)
line on Exhibit A attached hereto as part hereof.
1. Licensee shall furnish or do at Ucensee'a own 'cost and responsibility any and all things and when and as frOm time to time
required to accomplish whatsoever the Licensee attempts or ubound to do at any time hereunder, Licensee shall adjust Pipe
Line to any physical change as made at any time in any of Carrier's property j at all times keeping upper surface of Pipe Une
at least four arid one-half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for
~nything inflammable, to conform substantially to Exhibit B attached hereto as part hereof. Said things, includin~ the time and
lnanner of doing any work, each shall conform to the requirementa of Carrier as well as of any State, Federal or Mumcipal authority..
Carrier may acting for Licensee furnish or do, and Ucensee shall pay and bear the cost of, anything which, herein required of Licensee
~t any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be under-
taken: by Carrier 'at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost, Licensee shall pay difference j if more, Carrier shall repay difference. Licensee when return~
ing this license (signed) shall pay to Carrier ten dollars for preparing it. Any other payment shall be made within twenty days
following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover accounting
a.nd supervision, Carrier's cost price of all materials f. o. b. Carrier's rails, plus 10% to cover handling and accounting, plus freight
at tariff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with and discharge sewage into
Pipe Line wlaile serving as sewer. '
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including,
attorney's fees), losses and expenses, in any manner resulting irom or arising out of the laying, maintenance, renewal, repair, use or
existence of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk onoss or damage to Pipe
Line and the contents thereof regardless of bow caused. '
3. Term hereof shall begin withoTanuaz.v ~~ , , 19r.:t.1 ,and continue thereafter until concluded
(1st) by expiration of thirty days following, serv1Dg,~y~censee on Carner, d'r vice v~rsa, of written notice of intention
to end term hereof or (2nd), at Carrier's election without further notice, by expiration of ' six months without the Pipe
Line having been installed or by Licensee failing (a-I) ,to cure any default or (a-2) to show statutory right to install Pipe Line
(b) within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when
posted conspicuously on Pipe Line or when deposited, postage prepaid, in U. S. mail addressed as aforesaid. Not later than last
day of term hereof Licensee shall remove, Pipe Line' and restore Premises. Any of Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. ,Covenants herein shall inure to or bind e.ach party's heirs, legal representatives,
successors and assigns; provided: no right 'of Licensee shall be transferred or assigned, either voluntarily, or involuntarily, except
by express aJlreement acceptable to Carrier, Carrier or Licensee may waive any default at any time of the other without affecting,
or impairilli any right arising from, any subsequent default. . . " '
l!ISse: p~ qeM?~
Vice, ':fres1den't - :0p'erati'op.
. AJI Carrier, fir8t partJ herein.
46541
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'Mayor'
Ae U_. second DartJ 1Ia-e1n.
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BE IT RESOLVED, by the City Council of the City of
Salina, Kansas
that
A. vi. Hawkes
said City's mayor be and he is hereby duly autho~ized and fully empowered to
enter into and execute for and in the name of the City one certain written agree-
me nt dated
January 25
1957 , between $aid City and MISSOURI PACIFIC
RAILROAD Cm'lPJJ.JY, respecting the grant by said RAILROAD an::1 acceptance by the
City of perwission to install, keep and use one reinforced concrete and corrugated
iron, 60 inch, pipe to convey sewage
on said Railroad's premises in said City, true copy of said agreement being at-
tached hereto as part hereof~
I,~
, as Clerk of the City of Salina,
Kansas
, do hereby certify that the above and foregoing is a
true copy of the Resolution duly passed, approved arn adopted as by law pre-
scribed, by and on behalf of said City by the City Council on'
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Cl Y Clerk
Affix Seal
46541
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'li;XHIBIT"j4I1.. ".4654::1
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MISSOUlU PAone 'u:NJs'
CfNTfiAL XANSASPIY/S/611
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Officc of ItS.,'/ ENGI~ '
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UNION PACIFIC RAILROAD COMPANY
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REJ:L ESTATE DEPAIRTMENT
81m
ROOM 300
1416 DODGE STREET
OMAHA, NEBRASKA 68179
November 14, 1986
1015-03
City of Salina
City-Covnty Building
300 West Ash
Salina, Kansas 67401
Attached is Supplemental Agreement, Audit No. CA-46541
covering use of a portion of the Railroad Company's property at or
near Salina, Kansas.
I In the spaces marked by an II X" please execute or arrange
for execution of the attached document and have the signatures
witnessJd. Please RETURN ALL COPIES of the document fOr execution
on behalf of the Railroad Company. Your copy of the full.y execut-
ed docu~ent will be returned to you.
Sincerely yours,
RJ/ ~ -:r___ /
R. W. CHRISTENSE~
Manager-Real Estate Contracts
Attach.
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UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT
It
ROOM 300
1416 DODGE STREET
OMAHA, NEBRASKA 68179
JAN 2 0 19~7
1015'-03
City of Salina
City-County Building
300 West Ash
Salina, Kansas 67401
Attached is Supplemental Agreement, Audit No. CA-46541
covering use of a portion of the Railroad Company's property at or
near Salina, Kansas.
I The Railroad Company has authorized the installation of
fiber o])tic cable facilities on its property in certain areas.
Prior to using the Railroad Company's property covered herein, you
should thoroughly review the terms and conditions of this document
and contact the Railroad Company at 1-800-336-9193 to determine if
a fiber optic cable is buried on the subject property.
~incere~\\~~';lrs,
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R. W. CHRISTENSEN
Manager-Real Estate Contracts
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DUPlICATE ORIGINAL. LESSEE'S COPY
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LICENSE SUPPLEMENT
Audit No. CA-46541
Folder No. 1015-03
THIS SUPPLEMENTAL AGREEMENT is made as of the 8th day of
December I , 19 86, by and between MISSOURI PACIFIC RAILROAD COMPANY,
a Delaware corporation-(hereinafter the Licensor), and the CITY OF SALINA, a
municipal dorporation of the State of Kansas, City-County Building, 3'00 West Ash,
Salina, Kahsas 67401 (her,eil1after t,he Licensee).
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RECITALS:
By agreement dated January 25, 1957, identified in the records of the
4icensor as Agreement No. CA-46541 (herein called "Original Agreement"),
the Licensor granted the Licensee permission to construct, maintain
a1nd operate an underground storm sewer pipe line crossing at or near
Salina, Saline County, Kansas. '
I
lihe parties now desire to modify the Original Agreement by substitution of
Rrint.
Section 1.' - RIGHTS GRANTED
. In consideration of the covenants and agreements contained herein and in the
Original Agreement to be by the Licensee kept, observed and performed, and subject
to the terms and conditions hereof and of the Original Agreement, the Licensor grants
to the Lic~nsee the right to construct, maintain and operate two drop inlets (herein
called inre~s)on the Licensor's right of way in the location shown on the attached
print dated November 6, 1986 in accordance with specifications set forth on Exhibit A.
Section 2. - TERMS
lihe term' pipe line in the Original Agreement shall be and hereby is modified
to include the inlets permitted herein.
Section 3. - PREP' FEE
Upon execution and delivery of this Supplemental Agreement, the Licensee
shall pay to the Licensor an administrative handling charge of One Hundred Dollars
($100.00).
Section 4. . -EFFECTIVE DATE
lil his Supplemental Agreement shall be effective as of the date first herein
above written.
License SUlfplement
Form App. 8/86
A VP Law
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Section 5. - TERM
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The Original Agreement, as hereby modified, shall remain in full force and
effect, subject to termination as provided therein.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental
Agreement to be executed, in duplicate, as of the day and year first hereinabove
written.
Witness:
MISSOURI PACIFIC RAILROAD COMPANY
OJ:}. aL~
Estate
Witness:
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CITY OF SALlN!,-
x ;1~/c'L Z/$kO
2
License Supplement
Form App. 8/86
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RE~2LUT .!.2~ . 86-3868
WHEREAS, the MISSOURI PACIFIC RAILROAD COMPANY has
tendere<tl to the CITY OF SALINA, KANSAS, a Supplementa I Agreement
coverin~ the addition of two drop inlets to an existing pipe line
License Agreement identified in the Rai Iroad's records as CA-46541
for the construction, maintenance and operation of two drop inlets
on the Ra i I road Company' s right of way at Salina, Kansas; and
WHEREAS, the Counci I of the City of Sal ina, Kansas has
said proposed agreement before it and has given it careful review
and con~ideration; and
I WHEREAS, it is c~nsidered that the best interests of
said CifY of Sal ina, Kansas wi I I be subserved by the acceptance of
said agreement; ,
THEREFORE" BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SAL I NA, KANSAS: .
That the terms of the agreement submitted by Missouri
Pacific Rai (road Company as aforesaid be, and the same are hereby,
accepted in behalf of said City;
I That the Mayor of said City is hereby authorized,
empowerfd and directed to execute said agreement on behalf of said
City ana that the City Clerk of said City is hereby authorized and
directe~ to attest said agreement and to attach to each dupl icate
originall of said agreement a certified copy of this Resolution.
STATE OF KANSAS )
I ) ss
COUNTY OF SALINE )
I, D. L. Harrison , Ci ty CI erk of the
City of Sal inTa~--Kansas--hereby--cerfrry that the above and
foregoing is a true, ful I and correct copy of a resolution adopted
by the Counci I of the City of Sal ina, Kansas at a meeting held
according tol aw at Salina, Kansas on the 8t.h day of
Decemb~r , 19 86, as the same appears on-TTTe-and~or-record in
thTs-ofiTTc~ --
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City this
_~.!t!.__J__ day of _Q.~~J!1R~~___ 1986.
7".... 7"T--l2t~~
~ Y ~erk 01 the ~Ity 01
al ina, State of Kansas
Resolution
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Form Approved 8/86
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NOTE: BEFORE YOU BEGIN ANY WORK, SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT "All
M1U~$Ol\DIil!D ~ACDIf:DC !R!ADI!.IRlO~~ C@MPAINIY
SALINA. SALM COUNTY, KANSAS
M.P.498.21- TRIGO BRANCH
TO ACCOMPANY AGREEt.4ENT WITH CITY OF
SALINA, KANSAS COVERING LLG. STORM
SEWER PlPELtE Xt.lG WITH MoErs.
JOe FIlE: KSI0I503
SooIe I' = 100'
Office of Director-Real Estate
Omcno. Nebraska NOVEMBER 6. 1986
'LIG.MD-
U.G. STORY SEWER XING WITH DROP
t.lLETS SHOWN__._.._. YELLOW
RRCo. R/W OufDned ___ ____
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C1 TY OF SALI NA
REQUEST FOR COMMISSION ACTION
DATE
12/8/1986
TIME'
4:00 P.M.
ITEM!
NO. 2
BY: D. L. Harrison
APPROV ED FOR
AGENb~ :/t/iJ' (A
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BY :,.>/ .-.~~~
AGENDA SECT I ON:
NO. 6
Consent
ORIGINATING DEPARTMENT:
City Clerk
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Resolution Number 86-3868 - authorizing the Mayor to si9'l a supplemental.
agreern~nt with Missouri Pacific Railroad for a storm sewer pipe line crossing
extend~d west from Talley Drive to Talley Addition. '
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COMMISSION ACTION
i\10TION BY
SECOND BY
TO:
.