Front Street 15 inch Sewer Pipeline Crossing Agreement
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Form 20021
10/74
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplic~te,
July 21
, 1911 , WITNESSETH:
to be addressed
hereby accepts,
Sewaae
The undersigned Carrier hereby grants, but on solely the herein expressed terms and
conditions, and. the und.ersigned Licensee ( A 8u.t:d4l,s,J.Q'ot:pOl"a.tl. ),
(intiividual,copartnersorcorp. & state where incorporated)
at 1.0. lox ;46,. Sallu,lww.ul$ 614fi)1 ,
permission to install, keep, maintain, repair, renew and use for conveying
the Licensee's own onA! certain ,Jr.".._
. (number) (proposed or existing)
pipe , 1S i.nehes in diameter, and appurtenances,
, herein called Pipe Line, on
Pipe Line will be used at anvily flow.
of
C~.f.
continuous line
~~I\!ililiMl~
the Carrier's property, herein called Premises.
'lrack (I.(l::i..~. 371...1))
ttrack or rlght of way
T . 14$. , R. 3W.
, in
Pip~ Line shall intersect Carrier's existing
So.uthweat Qu.rteJ: of Section 12
SaliM
(place)
line on
,
~s
(state)
by heavy blue
,at~.
, SaU.. C-Ounty
(county or parish)
Approximate location of Pipe Line is indicated
Exhibit A attached hereto as part hereof.
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.
"~I"'''ItII\XM..''._R4l,i.,)(iJ~~~~.~li''~~
iiii~i:it"~~&:j~~ Any other payment shall be made wi thin 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 -
76206
Form. 20021
10/74
3. Term. 'hereof shall begin wi th J~17 'Z 1 , 19 71 , 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 wi~~out 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 Licensee shall
remove PipeLine and restore Premises. Any of Pipe Line not so removed shall at Carrier's
electionwi:thout 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 assigned, either voluntal.'ily 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.
MISSOt.JIUPACUIC IAn.... C_Aft
WITNESSES:
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By
-~p~
~mci,.\.~~a~~st party herein
ATTEST: . \
By BZtJa1t~~
~
City Clark
(Affix Seal)
CIn or SA~. KAllMS
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.. ~y/~
J'1lYft'~~J'n
second party herein
~
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MISSOURI PACIFIC RAILROAD
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Cz?'Y Or SALINA
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1-//-77 'l.
RESOLUTION NUMBER 3333
A ~ESOLUTION authorizing the Mayor to execute pipe linecontracts~.
dated July 27, 1977, with the Missouri Pacific Railroad Company. (G 66....CK-4 and
G 66-CK-7).
. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor be and he is hereby duly authorized and
fully empowered to execute certain pipe line contracts, dated July 27, 1977,
between the City of Salina, Kansas, and the MissourJ 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 14 inch steel pipe to be used ~t a maximum pressure of 65 P.S.I. 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 Streets)
Section 2. This Resolution shall take effect and be In full force
from and after its adoption.
. Adopted by the Governing Body of the City of Salina, Kansas, and
approved by the Mayor this 8th day of August, 1977.
(SEAL)
Attest:
&4)cu~
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.
H.M.DOAN
ASSISTANT GENERAL MANAGER
MECHANICAL SUPERINTENDENT
J. M. STONE
ASSISTANT TO GENERAL MANAGER
LAND, LEASES AND CONTRACTS
File: G 66-CK-7
City of Salina, Kansas
p. O. Box 764
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+41 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,
~
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