C.D. # 6631 Lot 118 on 4th Street Water Pipeline Crossing AgreementCont-Dept.No. 6631
A G RAE E M E N T
between
UNION PACIFIC RAILROAD COMPANY
and
SAL INA WATER 01ORKS 00-761PANY
oated
Providing for the construction, maintenance
,and operation of a 1211 cast iron water
main pipe line crossing in Lot 118 on
Fourth Street
at
Salina, Zansas.
2/1423 DUPLICATE ORIGINAL
I
IS AGRTMENT, made and entered into thip
1�4xy day of I . .
1923
by and between the UNION PACIFICiAILROAD COMPANY$
corporation of the state of Utah, (hereinafter called
"Railroad Company"), party of the first part, and SALINA
WATER WOREB COMP!Ny; & corporation of the State Of
with its prinoip 1 lace of business at?3 Ma, no
��6_,Z �_-fl, 4= AtIc.
(hereinafter called "Licensee"), Party Of t-liefeedond part,
WITS ESS
The Licensee desires to construct and
thereafter maintain and OPOrato a twelve inch
east iron water main pipe line, (hereinaTter
called "pipe line") across the right of way and
underneath the roadbed and track of the Rail-
road Company atsalin,a Countj of Salinas state
of Kansas, In the loca,ion described as follows,
to -wit:
Axtending across the right of way and
underneath the roadbed and track of the
Railroad Company's McPherson Branch line
Of railroad along as straight line parallel
with and at all points twgnty-five (25)
:feet distant scatherly from the north
line (produced) of Lot Number One hundred
Eighteen (118) on Fourth Street,at Salina.
Such location being shown by a broken yellow line on the
attached print marked "Exhibit A" fromi the Railroad
Gora"s Isivision !Mginoerls office, dated January 31,
19m2�n,y
and hereby made a part hexeof.
The Railroad Company is willing to grant the Li-
oensee the right to construct and thereafter maintain and
operate the pipe line across Its right of vmy and under-
neath its roadbed and track at the location above deseribeA,.,
subject to the conditions, stipulations, covenants and
agreements herein -after contained.
Mi—
IT IS TT1P,=,0R_E AGYRTMD by and between the parties
hereto as follows, to -wit:
RAILROAD COMPANY GRAD TS RIGHT TO LICMMS7`,,F:
The Railroad Company does hereby grant unto the
Licensee the right to construct and thereafter, during tle
term hereof, to maintain and operate the said pipe line in
the location hereinbefore described, which grant is made
expressly subject to the observance and performance by the
Licensee of all and singular the conditions, covenants and
agreements hereinafter contained to be by the Licensee kept,
observed and perfori-w-d.
(2) RENTAL:
Upon the execution of this agreement, the Licen-
see shall pay to the Railroad Company the sum of Five
Dollars 05.00) , as rental for the terra hereof.
(3) SIZE A14D KDD OF PIPE:
The said pipe. line, where it crosses underneath
the said roadbed and track or tracks, shall be constructed
Of - - -east iron- _ __ _ pipe with an internal diameter of
twelve- - inches and the same shall be constructed and
maintained at such an elevation that the top thereof shall
be not less than- - - :four . . . feet below the base of the
rails of said track or tracks.
(4) LICENSEE TO BEAR 2.114TIR3, 7XPEITSE:
The Licensee shall bear the entire cost and ex-
ponse incurred in connection with the construction, mainten-
ance, repair and renewal of said pipe line, including any
and all expense which may be incurred by the Railroad Company
in connection therewith for supervision, ins,-,ection, or other-
wise. All work performed in connection with the construc-
tion, maintenance, repair and ronewal-of said pipe line
within the limits of the right of way of the Railroad Cora-
pany shall be done under the direction of and according to
plans and specifications approved by the Railroad Company,
(5) PERIAlIT SUBiCT TO YJ72,DS OF RAILROAD CO1.1PAITY:
The Railroad Company notwithstanding the afore-
said grant shall have the right to retain its existing
track or tracks in their present location at and in the
vicinity of said pipe line and nothing shall be done or suf-
fered to be done by the Licensee at any time that riould
in any manner impair the usefulness or safety of such track
or tracks, or of any other tracks that hereafter may be con-
structed within the limit:- of said right of way. The Rail-
road Company reserves and shall have the riht at any and
all times to make such .chanFes in its existing, track or
tracks and structures, or in the present standards thereof,
-2-
0
and to construct, maintain and operate such additional tracks
and structures on said right of way in the, vicinity of said
pipe line, and over and across the same, as from time to time
it may elect* 0 and the Licensee shall bear the expense of mak-
Ing such modifications in or changes in the location - of said
,pipe line as may be required by the Railroad Company in con-
nection with such changes in said track or trac'-,I,s and struc-
tures, or in the present standards thereof , and such addition-
al tracks or structures. All the terms, conditions and stip-
ulations herein ex -pressed with reference to the maintenance,
repair and renewal of said pipe line in the location herein-
before described, shall ap.)ly to said pipe line as relocated,
changed or modified *,vithin the contemplation of this section.
(6) PIPE LINE 140T TO INT2RF7R:,: WITH OP-73RATION OF RAILROAD:
The said pipe line and all parts thereof within and
Outside OIL the limits of the right of way and Premises of the
Railroad Company. shall be constructed and at all times main-
tained, rep -aired, renevred and operated in such a manner as
to cause no interferonce whatsoever with the constant, con-
tinuous and uninterrupted use of the tracks, property and
premises of the Pailroad Company, both as regards operation,
maintenance 'repairs and renewals, or new construction by
the Railroad Company.
(7) SA12 OF RIGHT 017 WAY:
In the event the Railroad Company shall dispose of
any portion of its property on which the said pipe line is
located, then and in such event the right or license herein
granted, with respect to the portion of said Pipe line located
on the Property of the Railroad Company so disposed of , shall
forthwith cease and determine.
(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
-1
whatsoever nature which may result from any injury to or t1be
death of any Person whomsoever, or from the loss of or d -F
nage
,e
to Property of any kind or nature i including damage to the
roadbed, tracks, equipment or other property of thy-, Railroad
Company, when such injury, death, loss or damage is due to
the existence of said pipe line, or to the construction, main-
tenance 0 operation, repair or renewal thereof , or to the con-
tents therein or therefrom.
(9) TERIJINATIoN.
Disuse of said pi -pe line for the purpose conta
Plated in this agreement, continuing at any time for a period
Of one year, shall constitute an abandonment thereof by the
-3-
Licensee and of the grant hereir, -.-.iaCe , and in case of such
an abandonment or of the breach by the Licensee of any of
the conditions, agreements or covenants herein contained,
4 gJ1,
the Railroad Company shall have the r-.4. _IU to terinina-te this
,agreement by giving to the Licensee thirty (30) days' notice
in writing of its intention so to do, and at the excpira-
tion of the thirty (30) day period nientioned in such notice
11the license herein granted shall t.e�roinate, and the Licensee
Ishall be without recourse or redt-ess of any character against
the Railroad Company by reason there -cf.
(10) R4'110VAL OF PROPERTY OF LII-17,2311ST,7:
Within fifteen (15) days after the termination of
this agreement howsoever, the Licensee shall remove all prop-
erty of the Licensee herein provided for fror;,, that portion
of the right of way of the Railroad Company not occupied by
the said roadbed and track or tracks, and shall restore, to
the satisfaction of the Railroad Company,, the said right of
way to as good condition as Pt was in at the time of the con-
struction of said pipe line; and if the Licensee fails so to
do, the Railroad Company may do such cork of removal and re-
storation at the cost and expense of the LicensE 3. The 2 il-
road Company may, at its option, upon such termination, at
theentirecost and ex-
,t-)ense of the Licensee , rertiolre that por-
tion of said p±-L)e line -located underneath said roadbed and
,track or tracks, and restore said roadbed to as good a con
!clition as it was in at the time of the construction of said
pipe line, or it may perrait the Licensee to do such work of
removal and rest -oration under the supervision of the Railroad
'Company; and in the event of the -.,erLOV.,.]. by the Railroad Com-
pany of the property of the Licensee a,nd o -P the restoration
of said roadbed and right ,of xray ac he -:°e in .)rovided, the
Railroad Company shall in no manner be liab'I.e to the Licen-
see for any damage sustained by the Licensee for or on ac-
count thereof, and such removal and restoration shall in no
manner prejudice or impair any right of action for damages E)r
otherwise that the Railroad Company may have against the
Licensee.
(11) WAIVER OP BR" `11. A C H *.
The waiver by the Railroad Company of the breach
of any condition, covenant or agreement herein contained, to
be kept and perf orned by the Licensee , shall in no way im1)air
the right of the Railroad Company to avail its( -,--f of any
subsequent breach thereof.
(12) AGRrq,792,1717 MOT TO B", ASSIGIT7D:
The Licensee shall not aqsiEn this n.greement or
any of the rights hereundel, wit"'.11out the �,7ritta;n consent
of the Railroad Company.
(13) TEIMA OF AGR,7I.7TAF"MT:
This agreement shall be effective from and a -F+ -r
�the -First- &ay of February-
-4-
a
P.4
and shell continue in full. force and effect until. terminated
as provided ; and all of the covenants , agreements and con-
ditions- herein contained, on the part of the Licensee to be
t o served .and rf orm d shall attach to and run ,rith
W14 ' 1 WX+
to a pwrt.
(14) SUCCL'MnS AIM ASSIGNS-:
This agreement shall be binding upon and inure to
the benefit of the Railroad Company, its successors and as-
signs, the Licensee and the heirs, executors, adrpinistrators,
successors and assigns of the Licensee.
IN TITIT^SS WH71,RTOJ�7 , the parties hereto have caused
this agreer.en+ to be executed as of the day and year first
herein written.
`'Iitne
UNION
B�5
Its—
17I-_ RAILROAD COMDANY,
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