Elm Street 18 inch Sanitary Sewer Pipeline Crossing Agreement
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FORM 20021 3-61
.. OLD 4940
PIPE LINE LICENSE
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THIS: INSTRUMEN1', executed in duplicate,
, 19 62 ,Withes~eth:
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The undersigne.d>. Can:ier hereby gra~ts, but on solely the herein expressed terms and conditio~'s:'a~d the undersigned Licensee
( amunic1n~:t. '.Qornorat:J.on ',.), to be ad~ressed at Git'''BuiJ.d:1.rig. Sal1naKansas
(show whether.an itidlvldual, co,tartners, or corporatIOn and state wheremmcorporated)" ,.... , ,
, hereby accepts, permission to install, keep, maintain, repair, renew and use for
the Licensee's own Olle certain'Dro~sed continuous line of
(number) \,proposed or existing)
pipe 18 inches in diameter, and appurtenances, including a ,36" steel' oe.sing
, herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to
conveY' :1gewagEJ'tQ, treatment>plilUi't . .
conveYing. '. sEl'Ifsge.,.
cast .1~n
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SaUna County.
I (county or parish)
Approximate location of. Pipe Line is indicated by heavy bJ.ue
(track or right of way)
T. 14 s , R.2W
Kansas
'''. (state)
line
Pipe Line shall intersect Carrier's existing
of Section 8' ."
, at <lI':IlB:llC Salina'
(place)'
on Exhibit A attached hereto as pa~t hereof.
track
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tpe northize,~t quarter
1. Licensee shall at 'all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be performed in a safe and
workmanlike manner. Licensee shall furnish or do at Licensee's o\vn cost and responsibility any and all things and when and as from time
to time required to accomplish whatsoev~r'the Licensee atte'rrij:Jts or is cbound. 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 undertaken 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
the difference; if 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, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and
welfare benefit payments applicable to said labor, 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 dis-
charge sewage into Pipe Line while serving as sewer.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages~ costs (including attorneys'
fees), losses and 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.
3. Term hereof shall begin with Februarl 1.3 ' 1962, and continue thereafter until concluded
(1st) by expiration of thirty days following serving, by Licensee on ~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-l) 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 on Pipe Line
or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not laterthqn last day of term hereof Licensee shall remove Pipe
Line and restore Premises. Any of Pipe Line not so removed shall atCarrier~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 involuntarily:, :except by express agreement '.acceptable to Carrier. Carrier 'or Licensee may waive
any default !irany 'time' cif the other without affecting, or impairing any right arising from, any subsequent default. '
WIT~ESS~. . .
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.City.' 'CJ..s:t"k.;
MIS$OURI' . PACmORAILR0AD' G9MPANY' .
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CITY. OF' ~NA,.:K.AN~
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,~~ As Licensee. se~ond party herein.
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M. P. JOINT
FORM 7843
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UALINE COU/\/TY
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EXHIB/T A-
54868
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COn?O?Od/7
36" .:5 reel
MISSOURI PACIFIC RAILROAD
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PROP PIPE L/NE
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THE CITY OF
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OFFICE OF ASSISTANT ENGINEER.O';:',.q~A r0/"716
NOTE BOOK SCALE /\/0 rc,o
DRAFTSMANR:::7. Qt'-TE 2-/,3-62 FILE NO.~-.8',,<,
RUCKER.T-ST: LOUIS, MO. . NO. lal PENCILON .