Front and Pine 6 inch Water Pipeline Crossing Agreement
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Form 20021
10/74
PIPE LINE LICENSE
E'
July 17
, 19 77, WITNESSETH:
?HIS INSTRUMENT, executed in duplicate,
The undersigned Carrier hereby grants,. but. on solely.the.herein
conditions, and the undersigned Licensee ( A ~~pal eorporat~
. . (individual, cOl:a~tnersorcorp. & state
to be addressed at J. O. 1_ 746,8a11na, ... .... aat 67401 ,
hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying
nt.%' the Licensee's own cme certain ,t'~O.aM
. (number) (proposed or existing)
pipe, 6 inenaa in diameter, and appurtenances,
, herein called Pipe Line, on
Pipe Line will be used at a max1mum
expressed terms and
),
where incorporated)
continuous line ofC;.I,.'"
including If) ft. of 14 i1ilch steel pipe
the. CEiFrie.r' s'pr<(pe... r:-ty, herein called Premises.
,raStslII.of 65 Pt.Sf.l.
Ira. (E;,.C.St:., 378'+34)
(track or right of way)
T. 14 S. , R. 3 W. ,
, in
Pipe Line shall intersect Carrier's existing
Southw'est Quarter of Section 12
Saline County ,
(county or parish)
Approximate location of Pipe Line is indicated
Exhibit A attached hereto as part hereof.
a__8
(state)
by 11.,., hlue:
, at _~
$aU,ns
(place)
line on
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 own cost and responsibility any and all things and when and
as from ~ime 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 five 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.
ii.'Il.1'~~~.~ff"'_~
ll.~~a~~a~~~ Any other payment shall be made within twenty
days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ-
ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates
to point of use, plus taxes and usual railroad additives. No provisions of this paragraph,
nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any
responsibility or liability.
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, existence 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 and regardless of any negligence on the
part of Carrier, or otherwise.
- 1 -
76205
r
Form 20021
10/74
3. Term 'hereof shall begin with July 21, , 1917 , and continue there-
after 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 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 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 Licen~ee shall
remove Pipe Line and restore Premises. Any of Pipe Line not so removed shali 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 as signed, either voluntarily or involuntal"ily, 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 sub-
sequent default.
mssoUlU lACDIC MtLRQlll eOMfAltt
WITNESSES:
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By J %~~~k
hnaral ~1'
As Carrier, first party herein
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ATTEST: ... ) "
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FORM 24032
OLD 7843
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76205
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MISSOURI PACIFIC RAILROAD
.WE-Sr&8N /JrsrRTCT
_?RCJ;lf? WA7E/?L DVe.. C,q().SSrAl(;
.fo~
Lz:-ry o~ SA /rNA
MP-tCj1.7 -SA ##A1 ,(4W~.s!l
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~a{?' CAS.tAl6 - /t "'STeE/,q.PE &;) A-;
MA):..~~~""'e - ~S-/?'~fZ::
m~.t8a~,-S!!ew,^, ...
OFFICE OF ASSISTANT ENGINEER.
NOTE BOOK SCALE
DRAFTSMANS W DATE t. - /17}7
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RESOLUTION NUMBER 3333
A RESOLUTION authorizing the Mayor to execute pipe line contracts,
dated July 27, 1977, with the Missouri Pacific Railroad Company. (G 66~CK-4 and
G 66-CK-7).
I:
BE IT RESOLVED by the Governing Body of the City of Sal ina, Kansas:.
Section. 1. That the Mayor be and he is hereby duly authorized and
fully empowered to execute certain pipe 1 ine contracts, dated July 27, 1977,
between the City of Sal ina, Kansas, and the Missouri Pacific Railroad Company,
respecting the grant by said. Railroad and acceptance by the City of permission
to install, keep and use a (water) C. I.P. pipe, 6 inches in diameter, including
80 feet of 1.4 inch steel pipe to be used at a maximum pressure of 65 P~S.1. and
a (sewage) C.M.P. pipe, 15 inches in diameter, to be used at gravity flow at
the Missouri Pacific Railroad tracks in the Southwest Quarter of Section 12,
Township 14 South, Range 3 West of the Sixth Principal Meridian in Saline County,
Kansas.
(Pine and Front ~treets)
Section 2. This Resolution shall take effect and be in full force
from and after its adoption.
. Adopted by the Gave rn i ng Body of the City of Sa 1 i na, Kansas, and
approved by ~he Mayor this 8th day of August, 1977.
(SEAL)
Attest:
L9u)a!~
D. L. Harrison, City Clerk
..
MISSOURI PAOIFIO RAILROAD CO.
6400 MARTIN AVENUE
KANSAS OITY, MISSOURI 64120
TEL. AREA CODE 816 483-0525
K. D. HESTES
T. L. GIBSON
GENERAL MANAGER
August 15, 1977
DISTRICT ENGINEER
H. E. HANDLEY, JR.
ASSISTANT GENERAL MANAGER
H.M.DOAN
MECHANICAL SUPERINTENDENT
J. M. STONE
ASSISTANT TO GENERAL MANAGER
LAND, LEASES AND CONTRACTS
File: G 66-CK-4
City of Salina, Kansas
P;' 0;' :Box 746
Salina, Kansas 67401
Gentlemen:
Herewith original of agreement dated July 27, 1977,
covering pipe line crossing of Carrier's right of way and
track at E.C:;S~ 3789+34 at Salina. Kansas;'
Prior to entering upon right of way to begin instal-
lation, you are requested to contact our Agent or Roadmaster
in charge of this territory;'
Yours truly,
:t1J1~
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