Front Street 24 inch Sewer Pipeline Crossing Agreement
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MP Form49~O
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PIPE LINE LICENSE
8-18 liM PS
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THIS INSTRUMENT;'\),xecuted in duplicate March fOul'th-------------- ,19 l~ , Witnesseth:
In consideration of t.he covenant.s herein of t.he undersigned Licensee ( a Municl'Ps.:t C 01'noTati on
.. (Bhow whether an Individual, co-partnen,
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orcorporatlonanC>1tateollncorporatlonl " , ,', "..u.~t ~ .......-------------,
The unaJrsigned Carrier grants to 'Licen~e~ permission (to be a'vaihl!iof"'within first ,six mont.hs of term hereof) to
install, keep and use, for conveying sewags----- ...----:--~- - --:-- , the Licensee's herein defined Pipe Line on
the Carrier's right-of-way (herein called Preinises) situate in Sa1 m~., sal:x.ne Coun ty ,Kan sas- --... - ---
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~ 'XX Approximate location of
, lines; lUld of Pipe Line by yellow line , on Exhibit A attached hereto as part hereof.
1. "Pipe Line" means Lieensee's one certain n1'OnOSedcontinuous line of cast iron
(number) (pro~ed Ol''"'ixisting)
pipe ,24 inchesin diameter, and appurtenances, i~ ' "
Pipe Line:s center-linesh,a}! intersect Carrier's existing main- - -_ __ _ __ _ _ __ __ traclf atplacein said track (measured
therealong and coiltinui:lg alongprincip, al track connecte,d, !herewit, h) d!stant twenty- tw,o-" ..; -., _ _ _... feet more or ,Ie, s,s ,
southwa st\'f~. from intersecting east lIDe 0 f Front _~~1t street, producea..
2, Licensee shall furnish or do on,Licensee's own responsibility any and all things required attendant on whatsoever the Licensee
undertakes hereunder, including adjustIng the Pipe Line to any physical change as made at any time in any of the Carrier's property.
Licensee shall keep' upper surface of ,Pipe Line at least four feet below bottom of rail thereover. Licensee shall cause Pipe
Line, before being used iilcbnveying'any inflammable liquid or gas, to conform substantially to Exhibit B attached hereto as part here-
of; obtaining Exhibit'B, if'missing,fro~ Carrier's Superintendent. Said things, including the time and manner of carrying on and
completing any work, shall conform to the current requirements of the Carrier as well as of any governmental authority. Carrier on
Licensee's responsibility may on ten days' notice furnish or do anything herein required at any time to he, but not, furnished or done
by Licensee; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual
eost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to
Carrier five dollars to cover cost of preparation. Any other payment shall be made within twenty days following receipt of bill,
Carrier shall charge to Licensee materials at Carrie~'s cost prices (including fre~ght at tariff) at work" and labqr at cost, plus ten per
centum of'each 'for;~andling, accounting and superintendence. Licens'ee grants to Carrier the right, free, to connect with and dis-
cbarge sewage into Pipe-Line while serving as sewer.
Premises is indicated by
red;
3, Licensee fo~ever shall defend, i~dell1nify as an insurer ~nd save harmless the Carrier from, for and against any and all liability ,
judgments, outlays, and expenses, soever consequent on any injury, death, damage, loss (including any moneys paid as fines or penal-
ties) or destruction howsoever suffered or caused by any person whomsoever or by any property whosesoever incident to or while en-
gaged or being used ill the doing of whatsoever the Licensee undertakes hereunder; Licensee assuming the burden of proof.
4. Term hereof shall begin 'with Anril fi re1; flst)~,.._--..; ; 19 18 ,and continue thereafter until concluded
(1st) by expirilt\op.,of thirty dltyS fOllowing serving by Licensee on Carrier's sub~cribing office:, of
written notice of intention to end said term or (2nd), at said officer's election without notice, by Licensee failing (a-I) to cure any de-
fault or (a-2) to show statutory right to install Pipe Line (b )withiu' thirty days following said officer's written request there-
for or (3rd), as to the herein mentioned Director General of Railroads, by termination of Federal control of the railroad whereof a por-
tion is brought hereunder; provided: at the election of any outside party operating said railroad consequent on termination during term
hereof of said Federal control, this shall for remainder of term hereof be deemed a new and independent agreement between such out-
side party, as the Carrier herein, and the Licensee, Carrier's notices each shall be deemed served when posted conspicuously on Pipe
Line or placed, addressed as aforesaid, in U. S. Mail postage prepaid. 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.
Every undertaking herein shall have the effect of a covenant. Carrier's undertakings are limited to Carrier's express covenants herein.
Carrier's implied covenants are limited to Carrier's estate in Pr~mises. ,Covenants herein shall inure to benefit of, or bind each party's
legal rep'l'esentatives, successors and assigns as well as the party, as the interests thereof may appear, from whom said: railroad was
commandeered provided said party so elect; provided: none of Licensee's rights is assignable either voluntarily or involuntarily.
Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any sub-
sequent default. No s ribing officer's subordinate is empowered to vary,any covenant herein,
\V ITNESSES:
'~~TESTt2
(AFFIX SEAL)
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-B'a'l.rl=-re;a:-t"e""-
!RECTOR GENERAL OF RAILROADS.
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01. ty 016~1tlll.T.A~y.
~~I' '9+T~Pl/J ~A~A.KANSAOf3
By:"C~M1(~4,'-.d""",
" (as Licensee, s.N;,'i?rpart;l7 herein)
INSTRUCTIONS: ,Do not change this Iorm without General Manager'B w'ritten permission, Do not date on Sunday or legal holiday. If LicenBee be an
individual, he should sign as such and two witnesses should sign opposit.e his si'gnature; if doing business under some trade name, he should sign personally,
showing trade name below signature, (example: John Doe, doing business a3 Noname Company); if co-.partners. each partner should sign, personally if possible,
showing firm nam~ belqw all signatures, (example: John Doe. Richard Roe, co-pa.rtners, doing business as Doe & Roe): if a priva.te corporation, show cor-
porate name exactly as sbown by its charter, then have its authorized officer sign,therebeneath (with his title below signature) and have itB Secretary or'ABsiBt-
ant Secretary attest and affix its corporate seal and liiB title; if a municipaJ'corporation, show corpo~ate name exactly as shown by its charter, then have its
r-.Iayor sign therebeneath (with hiB tiLle below signaturel and have itB City Clerk attest and affix m'unicipality's corporate Beal and hiB title; or, if a Sewer
District, this instrument must be entered into in name of DiBtrict and not in name of one or more of Commissioners thereof, (example: Sewer District No.1 of
Chicago, Cook County, IlL), District's legal designation to be shown, and Chairman or Commissioner or CommisBionerB thereof to Bign therebeneath. If
Licensee be a public corporation, Carrier'fl oril"rinal hereof when delivered thereto must be accompaniod .by certified copy of such ordinance or .resolution
as, paBBed and approved or adopted as by law prescribed, shall make tbis a valid agreement of the LicenBee. Sign with ink. Person executing for or as
Licensee must with ink initial all corrections and paster inserts. If Pipe Line be in Louisiana and Licensee be a corporation, or if Pipe Line be located else-
where and Licensee be a Louisiana corporation, use Form 5587 in connection herewith. If Pipe Line be used for conveying: inflammable liquid or gas. Form
5919, properly filled out. must be attached hereto. Do not scratch or type over II (all Licensee second oarty herein)".
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RBSOLUTION
~Ifl IT RJSSOLVFD, By the Mayor and! Caunc iImen of salin;a.
Kansas, that the Mayor and. City Clerk be, and they arG h~re'by
authorized and directed to execute am deli VElr on beh'alf olf said
Ci:ty th4;l contract w'ith The l~issou.ri Pacific Railroad Company,
cove;riIig the con~tTuc t lon, maintenance and op Gratton of the City
SaweT under the tracks and' across the Right of 1;Vay 'o~ ThEt Mis-
souri Facl~~o_Railroad CoIllP:eny on Front S'VrGet in Salina, Kansas.
~s8ed and 8ppl'oVEJd, January 27th, 1919 .
Duplica te
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Mayor '.
AttEust:
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Salina. Kansas. License
wi th Ci!2 for pipe _lin~
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Osawatomie... Kan.. April 12, 1919
Hefer to fi Ie. 72.....417
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~!lr. Chus. Eo. Banker"
City. Clerk,
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.::lU_lna,
Kansas. '
De a r Sir: - . ( ,
Herewith for your file.cop~ of pipe
line li,cense, . covering a' 24 inch sewer pipe line
. crossing unr.1er our right o:f way at Salina.
Ys:mrs truly.
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. CWC-M
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Supe ri ntendent. . ;/
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MISSOURI PACIFIC RAILROAD CO.
CENTRAL KANSAS "lVISI0N
Pro..? Se,. ","e" r,pe )("'''9
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"" "0,,7 S7- "',
..:sq / ,. ;, t:i' K q n.F 9 .J
cale: 1 inch equals _It?.~L'
Office of ASS'T ENGINEER,
~"OS'f~\qATOivdE, I\'\NS.
File No.
Note Book
Pag.
DrafMman