End of Elm Street 10 inch Sewer Pipeline Crossing AgreementSYNOPSTS
D"A.TIE:
-PARTIES: PACIFIC RAILROAD COMPANY (-Railroad
Coin an
DIRECTOR GELiERAI, OF RAILROADS (Director General),
and CH410F SALINA - - - - - - - - - - - - - - (Licensee).
PREAMBLE: Government is Operating various railroads
of the United States through the Director General.
icensee desires to qtontinue to maintain and operate
a 'hereinafter called
110 n. V . C. sewer pipe line
"pi-pe'line") across the right of way and track or tracks of
the Railroad comnany a1-1 or near Salina, XMISSS,
in the locat.-Lon described.
(1) RAILROAD COMPANY GRANTS RIGHT TO LICENSEE to
maintain and o-oerate pipe line in location described Lbed subj ect'
to conditions specified.
(2) RENTAL: $55-00 for term.
(3) SIZE AND KIND OF PIPE. lk:fi'0 10- in'ches:,
in diameter, to be maintained 8 feet below base of rail*
(4) LICENSEE TO BEkR ENTIRE E�.PMNSE of maintaining,
repairing and renewing pipe line.
MS OF RAILROAD COMPA14,Y: pipe
(5) PERMIT SUBJECT TC TET
MS
line not to imp4ir- usefulness of tracks; Railroad. 'Company
reserves right ight to change traclKs or structures and Licensee
to - bear cost of changi-ii7--r pi-oe line to confor,,.,.1 therewith.
U1
pIp -NO- To 'rJ-bTT:,iPF,,:iRE WITH OP_ 1,91ST OF RAIL-
ROAD.
a4
SALE OF RIGHT OF �VA)r - If R.-L]Lroad C'1oripan,,r dis-
noses- of any of its pro-0erty upon which pipc line is 10-
,cated agree:ient automatically ter='.nates as regards por-
tion of pi --.)e Line ' thereon.
18) LI T T T4 --ensee to ind.emnify Railroad Company
k , -..LjITY:, LJJ.- L -
f I, . o. -r. al! liab-'li+Lly f or any injury, death, loss or da.mage due
in any ruannea7 to pipe line.
OF 1p1PE- LINE if abandons use of
pipe line for 1 year or f . ails to keep a!'-- condi.ti%ons,- :Plail
road Corvpany may. terminate agreel.lent on 30 days notice and
Licensee to be without recourse.,
(10) RROMOVAL OF -PROPERTY OF LIC MMSEE: 'vllithin 15 days
after termination of agreeirnent Licensee to rel-,iove all its
property', excepting portio I n unde-rneath roadbed,, from prem-
ises of Railroad and restore same to their original
condition; if Lricensee fails so to do, Railroad Company may
do such work at expense of Licensee. Railroad Company may
also remove ;)orti4on of pi -pe line from underneath roadbed and
restore same to its original condition at expense of Licen-
see or it may permit Licensee so to do. under its super-
vision. Railroad Company not. liable for any resultin g dam-
ages.
(11) AGR12.1vSTT -Nam TO BE ASSIGNED without written con-
sent of Railroad' Company.
(12) AGREMIMM APPLIES 'TO DIRECTOR GENERAL DURING
FEDERAL CONT7P, 0 L
T.*I-:,,. Vlay 24th, 1919.
EFF7r-1 T T VE rjk
(14) SUCCESSORS AND ASSIGNS: pgreernent, binding upon
puccessors andL apoigns.
EXECUT I 011*
Renewal of Agreement,Audit No.4934,31xp.5-24-19.
?PIPE LINE CROSSING AGREZIMT (Existing)
THIS AGREEMENT, made and entered into this
day of 19 -ZZ
by and between the UNION PACIFIC RAILROAD C010PANY, a cor-
poration of the State of Utah (hereinafter called "Rail-
road Company"), party of the first part, DIRECTOR GETERA1
OF RAILROADS, United States Railroad Administration, op-
erating the UTNION PACIFIC RAILROAD (hereinafter called the
"Director General"), party of the second art, and
CITY OF SALINA, County of Saline, State op Kansas,
(hereinafter called the "Licensee"), party of the third
part, WITNESSETH:
wHEREAS, the Government of the United States,
under authority of law, has taken over for the purpose of
operation various railroads of the United States, includ-
ing the Union Pacific Railroad, and is at the date hereof
operating such railroads by and through the Director
General and his duly appointed, agents and representatives;
and
AL
WE Ec-REA S, t h e, . 1J c en'. s e e (31, co V
r
oil, i j� e th fle
a ik0o) in " ed
i
n at�i an _of . . . . . . . . . .
ln ... .
(hereinafter called "pipe line")extending underground
across the right of way and underneath the rwkaigend
or tracks of theRailroad Company at oll njar
County of Saline,' State of
in th!-:- location described as follows, to -wit:
.Z,xtend ing underground across the r
of way and underneath the roadbed and track
of the Railroad Company along a straight line
intersecting the center line of said track at
a point-approx . imately due north of the center
of Block No. Fourteen (14), Elmdale Addition
to said Salina, and at an angle of approxi-
mately fifty-one (51) degrees, when measured
from northeast to southeast;
track
said location being shown by yellow line on the attached
print which said attached print is marked "Exhibit A" and
is hereby made a part hereof; which said pipe line was con-
structed and has since been maintained anl operated in .
accordance with the provisions of that certain agreement
between the Railroad Company and the Licensee, dated May
24th, 1909, the to of which agreement was limited to a
period ending May 24th, 1919; and.
WHERNA30the RpilroJ Company and the Director
ad
General are willing that the Licensee shall, during the term
hereof, continue to maintain and operate said pipe line across
said right of way and underneath said roadbed and track in
the location aforesaid, sub, eot to the to s, conditions,
stipulations, covenants and agreements hereinafter contained;
-1-
IT IS THMEFOR:6 AGREED, by and between the parties
hereto as follows, to -Wit :
(1) RAILROAD COTJrPANY GRANTS RIGHT TO LICENSEE:
The Railroad Company does hereby grant unto the
Licensee the right, during the terra hereof, to maintain
and operate the said pipe line in the location herein-
before des'eribed, which.grant is made expressly subject
to the observance and -Performance by the Licensee of all
and sifigular the conditions, covenants and agreements
hereinafter, contained to be by the Licensee kept, observed
and performed; it being hereby stipulated that a waiver by
the Railroad Company of ary breach of any such conditions,
covenants and agreements shall in no way impair the right
,of the Railroad Company to avail itself of any subsequent
breach thezeof
,(2) RMiTAL:
The Licensee shall pay to the Railroad Company
as rental for the term hereof the sum of Five Dollars
($5.0(?)04
(S), SIZE AND KIND OF PIPE:
The said pine line where it crosses underneath the
said roadbed and t ' rack or tracks is provided for by and
shall be maintained with vit-rif-I-edol&y pipe with an inter-
nal. diameter of ten (10) inches and the same shall
be maintained at such an elevation that the top thereof
shall be not less than eight (8) feet below the base
of the rails of said track or tracks.
(4) LICENSEE TO BEAR ENTIRE EXPENSE:
The Licensee shall bear the entire cost and expense
in connection with the maintenance, repair or renewal of
said pipe line, including any and all expense which may
be incurred by the Railroad Company in connection there-
with for supervision, inspection, or otherwise; but 4111
the work upon the same within the limits of the right of
way of the Railroad Company shall be done under the di-
rection of and according to.plans and specifications ap-
proved by the Railroad Com;ra;ny.
PERMIT SUBJECT TO FEEDS OF RAILROAD COMPANY:
The Railroad Company notwithstanding the afore-
said grant shall have the right to retain its existing
track or tracks at and in the vicinity of said pipe line
in their present location, and nothing shall be done or
suffered to be done by the Licensee at any time that
shall in any manner .impair the usefulness or safety of
such track or tracks, or of any other tracks that may'
hereafter be constructed within the limits of said right
of way; and the Railroad Company reserves and shall have
the right at any and all times to make such changes in
said existing track ox.tracks and structures, or in
the present standard thereof, and t6 construct, main-
tain and operate such additional tracks or structures
where said pipe line is `constructed, and across the same,
V2-
as from time tor time it may elect; and the Licensee shall
bear the expense of moving, removing or making such modi-
fications in said pipe line as may be required by the
Railroad Company in connection with such changes in said
track or tracks and structures, or in the present standard
thereof, and such additional tracks or structures* The
obligation of the Licensee in this agreement.prescribed
with reference to the maintenance, repair and renewal of
said pipe line as originally constructed shall apply to
-
said pipe line as relocated, changed or modified within
the contemplation of this section:
(6) PIPS LINE NOT TO INTME"FMIE IVITH OPERATION OF RAILROAD:
The said pipe line and all parts thereof within
and outside of the limits of the right of way and premises
of the Railroad Company, shall be constructed and at all
times maintained, repaired, renewed and operated by the
Licensee in such a manner as to cause no interference
wbatsoever with the constant, continuous and uninterrupted
,use of the tracks, property.and premises of the Railroad
Company, both as regards operation, maintenance, repairs
or renewals, or possible new construction by the Railroad
Company.
(7) SALE OF RIGHT OF WAY:
In the event the Railroad Company shall dispose
of any portion of -:ts property upon which the said pipe
line of the Licensee is lccat'ed under the terms hereof,
then and in such event the right or license herein
granted with respect to such portion of said pipe line
as may be located upon the property of the Railroad Com-
pany so disposed of, shall cease and determine, and
thereupon this agreement shall become null and void and
of no further force and effect between the parties hereto
with respect to said portion of said pipe line located
upon such property of the Railroad Company so disposed
of.
(8) LIABILITY:
The Licensee shall indemnify and hold harmless
the Railroad Company from and against any and all damages,
claims, demands, actions, causes of action, costs and
expenses of whatsoever nature which may result from the
death of or injury to any person whomrsoever, or from
the loss of or damage to property of any kind or nature,
including damage to the roadbed, tracks, equipment or
other property of the Railroad Company, when such death,
injury, loss or damage is due to the existence of said
pipe line or to the construction, maintenance, operation,
repair or renewal thereof, or to the contents therein or
therefrom.
(9) DISUSE OF PIPE LINE:
Disuse of said pipe line for the purpose for which
it was originally constructed continuing at any time for a
period of one year, shall constitute an abandonment there-
of by the Licensee and of the grant herein made, and in
case of such an abandonment or of the breach by the Li-
censee of any of the conditions, agreements and covenants
herein contained, the qa-ilroad Company shall have the
right to terminate this agreement at any time by giving
thirty (30) days notice in writing to the Licensee of
its intention to terminate the same, and at the expira-
tion of said thirty (30) days notice the license herein
grantedshahterminate and be at an end, and the Licensee
shall be without recourse or redress of any character
against the Railroad Company by reason thereof.
(10) RM101TAL OF PROPERTY OF LICENSEE,.
Within fifteen (15) days after the termination
of this agreement howsoever, the Licensee shall remove
all property of the Licensee hExein -provided for from
that portion of the right of way of the Railroad Company
not occupied by the said ro5adbed and track or tracks,.
and shall restore the same to its original condition to
the satisfaction of the Railroad company; and if the
Licensee fails so to do the Railroad company may do such
work of removal and restoration at the cost and expense
of the Licensee. The Railroad Company may, at its
option, upon such termination, at the entire cost and ex-
pense of the Licensee, remove that portion of said pipe
line located underneath said roadbed. and track or tracks,
and restore said roadbed to its original condition, or
it may permit the Licensee to do such work of removal
and restoration under the supervision of the Railroad
Company; and in the event of the removal by the Railroad
Com-oany of the property of the Licensee as herein pro-
vided, and of the restoration of said roadbed and right
of way to their former condition, the Railroad Company
shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account
thereof, and such removal and restoration shall in no
manner prejudice or impair any -right of action for dam-
ages or otherwise that the Railroad Company may have.
against the Licensee.
(11) AGREEMMTT NOT TO BE ASSIGNED:
- The Licensee shall not assign this agreement or
any of the rights hereunder without the consent,in writing,
of the Railroad Company endorsed hereon,
(12) AGR EM`ENT APPLIES TO DIRECTOR GENERAL DURING
FEDERAL CONTROL:
During the period of Federal control of rail-
roads all the covenants and conditions herein contained
shall inure to the benefit of and be binding coon the
Director General, and the covenants of indemnity herein
contained, during such period, shall protect both the
Director General and the Railroad Company.
Unless sooner terminated, this agreement shall,
as to the Director General, terminate at the end of
Federal control of railroads.
-4-
EPPECTM DATE:
This :agreement shall be effective from and after.
the 24th -- day of MA;2_ _5 lq_- 1%,
and @ia—ff—i
continue n full for,,_ a effect
ct until termi-
nated as provided; and all of the covenants, agreements
and cof%ditions herein contained on the part of the Licen-
see to be kept, observed and performed shall attach to and
I ppe pa.
run with the sewer em systof �Which said iline is art
(14) SUCCESSORS AND ASSIGNS:
This agreement shall be binding upon and inure to
the benefit of the Railroad Company, its -successors and
assigns, the Director General, his successors in office,
the Licensee and the heirs, executors, administrators,
successors and assigns of the Licensee.
11q WIT ESS WHMOF, the parties hereto have caused
this agreement to be executed on the day and year first
herein written.
Witnes
Witness*-
'
Attest*-
Gi ty I e
1r Y
10
OP RAILROADS,
reaerai manager,
Union Pacific Railroad.
CITY 0 " 3ALINTA,
ItS Mayor.
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UNION
3ewer Pipe Line Crossing
CITY OF • r •
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