Elm Street KPL Line Crossing Agreement
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WIRE LINE LICENSE
FORM 20014 -
OLD FORM 5396
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THIS INSTRUMENT, executed in duplicate
,19 62Witnesseth:
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The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee
ill Kansas Municipal Corporation .
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(show whether an individual, co-partners, or corporation and state wherein incorporated)
to be addressed at
hereby accepts, permis~ion to install, keep, and use, the Licensee's own One certain prooosed
(number) (proposed or existing)
undergrouI1d 110/220 V power line ,and, also, every additional
(aenal or underground) (designation) ~ower ile~hone lme)
wire hereafter included therewith, and appurtenances, including 9 ~ ~ 4 f Galvanized Cunduit Casing
herein called Wire Line, on the Carrier's property, herein called Premises. Wire Lme shallmtersect Carrier's
MAi yr.a.Clr. in the south halt .of Section 2.3 ' T. 14 s
:'R"lti ~a ngnt~'t-waylme) S~'': K
llt :> , at o~ d.J...Lna., ansas
Approximate location of Wire Line is indicated by heavy b)l.ue line on Exhibit A attached
hereto as part hereoL .
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 Wire Line to any physical
change as made at any time in any of Carrier's property; at all times keeping lowest under-surface of Wire Line, if aerial, at least
27 feet above the top of rail thereunder, if underground, at least three feet below the bottom of rail thereover, and two feet
.beneath surface of ground beyond ballast section as well as causing Wire Line to conform to the requirements of the then present National
Electrical Safety Code of Bureau of Standards, Department of Commerce, United States of America, and where underground Wire Line
carries voltage in excess. of 220 volts Licensee shall place suitable signs on surface of Carrier's property to indicate location and voltage of
said Wire Line. 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 an:y..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. Without limiting the generality of any of the foregoing, Licensee
authorizes Carrier, at the cost and on behalf of Licensee, to furnish and provide such protective services, devices and structures, as Carrier
may deem necessary, in order to promote the safety of Carrier's operations, employes and property during .or incident to the installation
of Wire Line. Licensee on request shall, in advance, deposit with Carrier the estimated cost of any of the foregoing. If deposit be less than
actu~l c~k L.ice.nsee shall pay differen~e; if more, Carrier shall repay difference. I:.ic~nsee when returning ~his lice';lse (signed) shall pay to
Carner~p.::;5.QOocxdollars for prepanng It. Any other payment shall be made wlthm twenty days followmg 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 Lo.b. Carrier's rails, plus 10% to cover handling and accounting, plus freight at tarriff to point of tise, and excise taxes applicable
to said labor and materials. No provisions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee
of any responsibility or ~iability.
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 installation, maintenance, renewal, repair, use or existence of
Wire Line, and (b) assume all risk of loss or damage to Wire Line regardless of any negligence-on the.part of Carrier,. or otherwise.
3. Term hereof shall begin with' the date first hereinabove written, and continue thereafter until concluded (1st) by expiration of
thirty days, following serving, by Licensee on Carrier 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 Wire Line having been installed or by Licensee
failing to cure any default within thirty days following written request therefor. Any notice of Carrier shall be deemed served when posted
conspicuously on Wire Line or when deposited, postage prepaid, in U. S. mail addressed as aforesaid. Not later than last day of term hereof
Licensee shall remove W:ire Line and restore Premises. Any of Wire Line not so removed shall at Carrier's election without notice be deemed
abandoned. Convenants 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 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.
55065
MISSOURI PACIFIC. RAILROAD COIVJPAl"IT
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By........:.......... ......... .................. ......:,........
'Vice resident .,.. On ration
As Carrier, tirs. pa~ty herein
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City Clerk
THE. CITY OF SALI~:~~, KANSAS
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Ma~r As Liceitsee, secodd party. herein
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FORM 7843
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MISSOURI PACIFIC RAILROAD
CENTRAL D/ST/-T'/cT
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PROP WIRe L//VE
L/CEN.:J'E ;C'"OR
THc CITY OF
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RUCKERT-ST. LOUIS, MO. NO. 121 PENCIL.ON
OFFICE OF Of" r RIC T ENGINEER. O.:rc9__.:?'C1/ni<::
NOTE BOOK SCAL.E /Y'o/c<:t""
DRAFTSMAN.e~ DATE:5-C~-6-Z FIL.E NO.Gk'-II5-'?'?c.
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BIT. IT RESOLVED, by the Ci ty ~ of the City of
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SG.id City' s m~yor be 'and he is hercby duly authorized and fully ef:1Oo
pOt-rered to enter into und execute for and in the name of the City
one certain l'lritten agreement da'~ed ~J'7 I Y (, ~{96:2.t
botHeen said City and 11I880OOI PACIFIC Ri\.IlROt\D COi:lIPANY, respect-
ing the grant by said RAIIRO.ID and acceptance by the City of per-
mission to insta.?-l, keep and use
on said Railroad's premises in said City, true copy of said agreement
being att2chcd hereto as part hereof.
I, ~ ,as Clerk of the City of
~\_,,-eA.../ l~' , do hereby certify that the above and fore-
going is a true copy of the Resolution duly passed, approved and
ndopted as by law prescribed, by arr!
City ~iiU: on ~_, --'L.J"-
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on behalf of said City by the
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ITY CLERK
Affix Seal
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