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Elm Street 2 inch Gas Pipeline Crossing Agreement .~ L---- . ~. ?to..-V/ ;! PIJ:>E ,LINE LICENSE \ THIS *STRUMENT, executed in duplicate, . April ,30 ,. 1, ,l 1)heungersigned Carrier hereby grants, but on solely. the herein expressed terms and conditions, and. the undersigned Licensee (a Mtinic'ipal Corporation ), to be addressed at City Hall, Salina, Kansas (show whether~n individual, co-partners, or corporation and state wherein incorporated) " .' " ;! " hereby accepts, permission to install, keep, maintain; repair, renew and use for conveying ,natural ,gas the Licensee's own one certain proposed' continuous line of '\' ' '. i...>"';", "(number) (proposedorexisting), steel pipe 2 inches, ,in diameter, and appurtenance~"in2Iudi~g a 4 inch steel i ' herein called Pipe Line;'6htil~ 'Carrier's property, herein called PremiSes. Pipe Linewill be used to, . I . ".; :~ '1't';'.::,"">,:'>: - l ,",' ,.:" ;"! '. ~ . " 1\ convey natural gasa:t~'i,a,;.ma~ln~pressu're of ~O p~s.i. \ ;,' .U:f2r.' FORM 20021 3,61 OLD 4940 MPRd, ,19 62, Witnesseth: t '\~cli:' (iracf Or dght of way) T, 14 S....,::.. ,R. 2 W. Salint a County, , " > ,:,~, """"(coun y or pariM-iY Approximaf~\!location of Pipe Line is indicated by::heavy blue ,In the':Northwest., Quarter Pipe Line shalliritersect Carrier's existing , of Section ,8 Kansas(state) , at ~ Saligf:ce) line on Exhibit A attached hereto as part hereof. 1\ I, , 1. Licenls~e shall at all times keep Pipe Line ih good state 'of r~pair, All work by Licensee hereunder shall be performed in a safe and workmanlike: fuanner, 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 Licenseeattempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physi~al 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 bottoinof rail'thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, ltd, 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 iillY, time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Lic'ensee's request; and Licensee on reqJest shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the differenc~; i(i,more, Carrier shall repay difference, Licensee when returning this license (signed) shall pay to Carrier twenty five 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, includirtgwages of foremen, plus 10% to cover supervision and accounting, plus vacation allowance.s,.paid holidays and health and welfare benefit payments applicable to said labor, Carrier's cost price of all materials f. 0, b. Carrier's rails, plus 10%, to cover handling and ,accounting, plus' freight at tariff to point of use, and excise ta)(es applicable to said labor and materials. Carrier may connect with and dis- charge sewage into Pipe Line while serving as sewer.' ,,' II 1\ Ii f\ 2. Liceh~ee agrees to (a) indemnify and save harmless the'Carrier from and against all claiins, suits, damages, costs (including attorneys' fees), losses lapd expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use, existince or;removal 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 contents thereof regardless of how caused'. ' i ~ \ - ~ . " " 3. Ter~ he;eof shall begin w~th ,Anril 3Q ,.' I? 62, and con~inue the:eafteryntil.concluded (1st) by eXI:l1ratlOn of thirty days follOWing sert'ing,lly Licensee on Carner, or vice versa, of wntten notice of intentIOn to end term hereof on(2nd), at Carrier's election without further notice by expiration of. six months without the Pille 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 within thirty days following'Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously 00' 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 trans- ferred or assigned, either voluntarily, or involun'tarily, except by express agreement acceptable to Carrier. ,Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent default. 1 - . II H n j! MISSOURI PACIFIC RAILROAD CO!lJPANY 54870 ~ THE CITY OF SALINA,KA..NSAS \ ~= By "..~,.(Seal) Mayor As Licensee. second party herein. ~ f ".J ( .,r< .. ~f> t1f:? 4. Seals': Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet abc\le' ground ~ surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pive at high end shall be connected with top of casing. Tops of vent pipes shall. be fitted with down turned elbows properly screened. 0' \Vhere ends of casing are at or above ground surface and above high water level they may be left open, provided drainagt' is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of casing shall be sealed to' outside of carrier pipe and vent pipes shall be installed. 5. Depth of Casing: Where practicable, the. depth from base of railroad rail to iop of casing at its closest point shall be not less than 4V. feet, and on other portions of railroad right of way where casing is not directly beneath any track the depth from surface of right of way and from bottom of ditches to' top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by the Railroad shall bt' used. 6. .Length of Casing: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall: be correspondingly' extended. 7. Shut-off Valves: Where required by the Railroad; accessible emergency shut-off valves shall be mstalled wiihin effective dis' tances on one or each side of the crossing. S. Location: . . ." Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be close. than 45 ieet to any portion of any railroad bridge, building or other important structure which might be injured b) leakage from, or failure of, the pipe line. Pipe line, casing. and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right of way. 9. Topography: Crossings under railroad ~racks of pipe lines carrying combustible substances shall, 'where practicable, be so installed that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10. Approval of Plans.: .Plans for a proposed crossing shall be submitted to, and meet the approval of, the RailrQad before installa- tion is begun and the execution of the work on railroad right of way, including the supporting of the track, shall be subject to its inspection and direction. ,The plans shall include a topographical map of the location of the proposed crossing indicating the flow of tire discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each directionfrolll the proposed crossing to the nearest .shut-off valve in the pipe line. . .P (~) Pipe Lines Paralleling Tracks and on Right of Way Lands 1. Location: Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right of way line, but not closer than 45 feet to the center line .of any track or to the nearest point of any bridge, building or other important structure. "Bridge" as herein used shall not be deemed to include cast iron or concrete 'pipes, or concrete culverts~ 2. Depth of Pipe Line: Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. Waterway Crossings: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the challnel at a sufficient depth to be protected from ~cnur, and in such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so'locate on al'(Ount of the topo~raphy of the ground, pipe lines may be elevated sufficiently to avoid drift and, be supported on sulhtantial supports, the type and design of which shall be approved by the. Railroad.. . . . 4. Casing Pipe Requirements: Casing, conforming to specifications in Sections 3 and 4, Part (13), shall be provided where the following conditions obt.ain: (a) Where the' pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of. any track or from the nearest portion of any bridge, building or other important structure.. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the RaJ:troad to present a hazard to railroad property or operation. 5. Carrier Pipe: Carrier:pipe and casing shall'conform to specificati.ons in Sections 1,2,3,4,8 and 9, Part (B). 6. Special- Carrier Pipe:, , A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier pipe, may be substituted for the casing required under conditions set forth in Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installa- tion. 7. Approval of Plans: Plans for a proposed installation shall be submitted tO,and meet the approval of, the Railroad before work is begun ..and the execution- of the work .on railroad righ,t of way shall be s?bje<;t to its i.nspecti~n and direct!on; '~he plans shall includ<<; a tOP!-lgraphical ma~ of the location of the proposed pIpe hne on ra~lroad. nght of way mdlcatang the flow of the dlscharg1l1g substance 111 the event of leakage from, or faIlure of, the pIpe lane and a. profile of the pipe line on the railroad right of way and extending in each direction .from such right of way ,to the nearest shut-off valve in the pipe line.' . '. Approved: L. A.' GREGORY W. H~ HOBBS Chief Enl(incer Vice-President - Operation i, .r " J . " ~~ ~lP Rd. tlf? FORM 24002 12.60 OLO FORM 5919 ,EXHIBIT B .~~ ,r('< "'-...:.',- To POrlll 4140 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) Scope Pipe lines i'ncluded under these specifications are those installed io carry oil, ~as; gasolin~ 'or other combustible substarice, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad property. Gas transmission and distribution lines in city streets, carrying less than 45-lb. pressure, are not to be con- sidered 'as coming under these specifications. (B) Pipe Lines Crossini Under Tracks 1. 'Installation: . Pipe lines under railroad tracks and right of way shall be encased in a larger pipe or casing and installed as indicated in figure below: += RiqhtofWayLine~ ~ 45 Ft. Minimum -=t---ti ~ SeeNote2 _m__.~lm Se~'Wo~3 ->- G.~ 4Ft. Minimum 8: face < ~~ . 3 Ft.Minimum Seal~ .r Cas' Seal See Notet vVe"tpipeatlowend 'n9 Vent pipe at high See Note t to be conneCted to Carrier Pipe end to be connected boftomofcasing to top of casing Note L Seal and vent pipe not required ifcasing ends above ground where drainage is available. 2. Casing to extend beyond I imitofrailroad right of way if necessary to provide proper length outside of track. . .' .'. 3. Sign indicating location of pipe line at right of way line to be installed where required by the Railroad. 4. For shut-off valves see Section 7. 1 Riqht. of Way Line i ~ 45Ft. Minimum . .?:- See Note 2 . v : I -- r;:: . ro G> Sign -- .; ~ See Note3 e <V- t & 4. Ft. Minimum ~ Roadbed 3Ft.Minimum 2. Carrier Pipe: . Carrier pipe inside of casing under railroad track and on right of way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with '.'approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. Casing Pipe: Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable 'bfwithstanding load of railroad roadbed, track and traffic; it shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at :the ends of casing which are s~aled to outside of carrier pipe.. Casing shall be installed with 'even bearing throughout its length and shall slope to une end; it'shall be so install'cd as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. (See other .ide) 0.... 1;"'i- .- , . ~ . . . M. P. JOINT FORM 7843 "'- 0r,' 0AL/IVE COL//V ry /V,A/. ::'l vce.8, T /-?J:. RcW ~O" R~~..?:.. .6e'7. 7" ~ /Vv'S P 0cc,Cl -.\ ' .:f6" ~7.,t-/5' .:;'t).')r~""~ J "Y.". Pr-o,.,o, Cr-oss/-;.7 .50 " 70 /'-:;1'ci7 r-9U C h' c /5 G 'y'pSV-//:J /0' R/W-:/ LOCA T/O/\/ PLA/V / ~-- /00 fiE ~ R/,h/ ~ \I.j ,q / J..../ 1 I /4- ' c,' /00 or ~"' J/cc/ C-J/// SO" ..rO' 5;::::CT/O/V OF P~OP /": eo' CRO.5.::J//VG ~,..-,..- / c,..-. R;o c Ccv..:r//~ CO/7?/77od-',.... ,//~.s..s ~r-C: c ,- ...::Jrcc/ 4- '" J/cc/ 54870 EX/4'/C3/T A' MISSOURI PACIFIC RAILROAD K A/\/JA..::J 0/ V IJIO/\/ /'/'A TER/AL UAT~I /V'C$" ~V';-O' / G_:s- Se::> "oJ/ p,.qc::>p PIPE L//\/E L/CE/V'..:5E .FOR Tr/E CITY OF 0AL//VA.I kA/VSAS PR"OP CROJ-J//VG 0HOA//\/ - /"7 P 4.92-2/ OFFICE OF ASSISTANT ENGINEER, O...s>::s7...vc5" /O/h,e NOTE BOOK SCALE /V'o-'/eo'" DRAFTSMAN~ DATE 4-.,30'62 FILE NO.c-0Z07 RUCKERT-ST. LOUIS, MO. , NO. 121 PENCIL.ON ~ " ~. \~ i ~ '~ ~t . .....0;..,. .;_~,. . ,---- ...; .... . /(~X~"^-" ~-~k~1'~ 7 e()??'VY~ BB IT RESOLVED, by the C1 ty tGWleU of the City of ,.4~~f,-~ that rf ~ r-{.f,-~_~__. se.id City's 1:t::JyOr be and he is hereby dUly 2uthorized and tully et'}D powered to enter into and exec:ute for and in the name ot the City one certain lm tten ~~ement dated ~4.-,f ?--(' . 196 -r; betllcen said City and HISSOURI PACL~IC RAILRO;\D COHPAia, :respect- ing the grant by said RAIIROAD and acceptance by the City ot per- mission to install, keop .and use on said RDiJ.road's preMises 1n said City, true copy of said egrecroorrt being att~chcd hereto as part hereof. ..., I. <./JtZ;/rftL.<..~~~'l." as Clerk or the City of A.n l'L_-t.,,- /~~a..~. do hereby certify. that the ~bove and fore- going is a true copy of the Resolut:.on duly passed, approved and cdopted as by law prescribed., 'b.Y am on behalf of said City by the City ~l on . --=''L_-<'(f~ "")....-~. 196 Y .' ) (?,~~..unv .,;' //) 4fgtc'tJ /..~~ ' CIER Affix Sael ..,,~? 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