Spruce Street 6 inch Water Pipeline Crossing Agreement
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~, 'Form 4940
2M 140
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PIPE LINE UCENSE
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'-THIS INSTRUMENT, executed in duplicate,
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~k.>vember 1,
,1944 ,Witnesseth:
. The undersigned Carrier hereby g~nts, but on solely the herein expressed terms and conditions, and the undersigned Licensee
A. Mtih.iO'1pat" 7eornorati~n , ), to be addressed
.. '. " " show .Whl!H,lf er an indlvtaual, co-partners, or corporation and state wherein .inc:orporat~d) .
at Salina, . uae , hereby accepts, penmsslon to mstall,keep and use, for conveytng
water, the Licensee's own (j)lle certain pr<>~sei 'continuous line of
, , " (number) , (proposed or existingl
coast iron pipe6-4ncses in diameter, and appurtenances, inc1uding.te.1noh s1;eel caSing
herein called Pip~' Line, on the Carrier's property, herein called Premises. ~~X~ilPwa '
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Saline Count,. .
(county or parish)
Approximate location of Pipe Line is indicated by heavywh1t0
Main traQ1l'
(track or rigT,.t of way)
T.14 S ,R. 3 W
in
l'l'ortheast Quarter
Pipe Line shall intersect Carrier's existing
of Section.. .14.
Kansas , at <l:tKll!l:IIX Salina
(state) (place)
line on Exhibit A attached hereto as part hereof.
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1. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time
required to accomplish whatsoever the Licensee attempts or is bound 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; at all times keeping upper surface of Pipe Line
at least four and one-half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for
anything inflammable, to conform substantially to Exhibit B attached hereto as part hereof. Said things, including the time and
manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, 'Federal or Municipal.authority.
Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of .Licensee
at any time, either shall not be furnished or done' within ten days following Carrier's written request therefor or shall be C llnder-
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; 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 withintwcnty days
following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover accounting
and 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 while serving as sewer.
The fv;fss.}uri Pa.-;f... p. ':_ ~.'.-- .." . (..' ..... .
'-. h"':", , ~,.. ",..' e ..... ,I,.; ':li"?.ch1 ,:o::np,"'.Y. pu:r~u~n~ tc. ~"-(:r,:tton 77 of th~ t.a~nkrupt.cy i\i.:t, Or'lprovcd !\4fJrcn J. 1 Q}) is now in proec:ss of rcot'~:'Jnhm,tion 0 lo'
':'""';,:";'-"': o~ ~.i'~:H:t'.Q~ _ 'J l~~ un~~r slgneo 1 rusr~'; iJ'~;dtr jl}t'i~d;e;.:tion nf' trt l.l,nir,,,"d Sr.~((:~ l)i.';cri.'.~~ COl.lf{;, Eiwt..:rn . Divl~j()l\, ~t1$ter'n l)!strict of"t~ii$'JOll.ri ,,;~d.
_~~_~,:~:1C'~:J!: CL.:l;~ .[:l~~ ~)~\'>n~['~'hl,~. or c~:'l1t::(',1 nf ,th.,; n:/h',oud ~'rfd !xopc:rt y (:f ,~nld [l,a.:"f}orn:J COrn~ltl0 y by Stj,~.d Tnls-:,c,-:; or SUC-Ct:~:S()l' t;'Ui-iccc.: (~r !:.r~:;~~~.:
S. .:,.." "":': ,e. ~')l'~ "l"~ll:"'lth:'O..., .:-;.).:)H lpS~ lac[o tenm08'CC. unrt:$s. purSWint to l'h~ clecie~ of s3id court, said ag"eem~l1t shUll be continued j'n'e:fft::ot 'hy. the ,.-....ttl":_~
IH.....~~....m!.~ :':O~.u(.'l..o..'/r~.:rsfHp or c()n~rol. ' . '. p'" ...."
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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 from 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 of loss or damage to Pipe
Line and the content.s thereof regardless of how caused. ' ,
3. Term hereof shall begin with ,November 1" ,194 4., and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by Llcenseeon~arrier, or vice versa, 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 each 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 a\!"reement acceptable to Carrier. Carrier or Licensee may waive any defauJt at any time of the other without affecting,
or impairing any right arising from, any subsequent default.
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G'IJY A~. TEOM:r?SON. TRUS~; MI SSbURI
PACIFIO BiULROAD OMPAIY,DE:BTOR,
as Trustae a d 1nd1 Vidnall,-:..
By
allief Onel'at.in,g. Off'icer .
~s -Carner-;litst partY nereln.
Al'TEST~: '
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rliii>ix: SEAL)'--'--"'-'''''' ....~~-C1...... Olerk
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CITY OF SALI~.
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