C.D. # 6643 Wilson Street 10 inch Sewer Pipeline Crossing Agreement11
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PIPE LINE CROSSING AGREEMENT.
THIS AGREELMNT, made and entered into this
day of i�[ 1923,
Dy andweFn EFF UNION PACIFIC RAIIROAD COMPANY, a corpor-
ation o the State of Utah, (hereinafter called "Railroad
Comany" ), party of the f-'rst part,. and the CITT 0�`.
WE* countt U4940-....,..,._,..,��._,..,.:......_,..�._
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.n ite-+��i +r►.w w.,►ai..+ia w+w.Y+h r sw' sir !►w w+r wry r.� � w r w..w s r,. w.ro�ws:�r,.+�. �►asw►a.+w►s.rs+�+4,►s.awa� w:
(hereinafter called "Licenseeil ), party of the second part,
WITNESSETH:.
+' AS, the Licensee desires to construct and
thereafter maintain and. operate a ten t h *&St, iren Sanitary
soZ pipe 14: M.+eai.».,,....wMrr,....,..Msti.«..►r,.,....N1.►.e► M...;w►aw...esw►wraaajr+rf+�l.
(hereinafter called "pipe line")across the right of way and
underneath the roadbed'and track or tracks of the Railroad
Company at or near , County of SAXIM ,
State of Xaaeao' in, the loco.tion described as follows,
to -wit:
ft
d i ' aereno :the vight Of V. gad' Mader*
neat roiA d. track and Wivoi, of #die; Railroad
calm , +0 sapherion lara h .line of k-4i,1xd*4, al.
a, at rai , ' 1i no at Vol ar k s i t py "At,orp+a+ L, Be
the ve er 1148 W naid trach oit .$ d"Y� a .tat er:
107 Cpl as . f feet .i- the v� � m4ty of WSl�on et.r®.at•
at.
such location boirg Shown by broXen.Y011 ow ligne� an ih� at
t ached pri at ; hots phi bit A* , Bram. the llaflxpad + ompar'' 0
Division E i nerI.9 Office ,daVad Waw 31, 1,423, and he**.•
Ir made a:U roof .
j
the Railroad Goa i+ lei ta. '& the T►1060
see,the rlSht .t oonsti4et..andih+a�r t t + ,.mai raid and oa r~
at a the pipe line ao�ra,so its right of vol a' t. nndarneat - it
roadbed, tzao and W$ at the ocat`i+j%;'441tave dame i'b d,
snb4aet, to the oond ti.4 stiy lati-o"A' 0*v tsamta and agree.,
ment o ho rei naft or. Op Ut si a d.
1
IT IS THEREFORE AGREED by and between the parties
reto as follows, to -wit:
(1) RAILROAD COMPANY GRANTS RIGHT TO LICENS:
The Railroad Company does hereby grant unto the
Licensee the right to construct and thereafter, during tre
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, covenant's and
agreements hereinafter contained to be by the Licensee kept,
observed and performed,
(2) ^ TAL:
see shall pay to
(3) SIZE AND KIivD OF PIPE:
The said pipe line, where i
the said roadbed and track or tracks,
of -.... «...+� . " , ""• s•- wqo-pipe with
tem •••---••inches and the same shall
maintained at such an elevation that
be not less than
rails of said track or tracks.
ive
t crosses underneath
shall be constructed
an internal diameter of
be constructed and
the top thereof shall
below the base of the
(4) LIC3NS3E TO BEAR ENTIRE r r7,NS]T :
The Licensee shall bear the entire cost and ex-
pense incurred in connection with tbo construction, mainteri-
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, insection, or other-
wise, All work performed in connection with the..construc-
tion, maintenance, repair and renewal; • of said pipe line
within the limits of the right of way of the Railroad Com-
pany shall be done under the direction of and according to.
plans and specifications approved by the Railroad Company.
(5) PERMIT SVB3 QCT TO N EDS OF RAILROAD COLTASSY;
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 would
in any manner impair the usefulness or safety of such track
or tracks, or of any Other trtcks that. hereafter may -be con-
structed within the limit.- of said right of way,. The Rail-
road Company reserves and shall have the right at any and
all tiros- to make such.changes in its existing track or
tracks and structures, or in the present standards thereof,
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; 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 tracks and struc-
tures,
truc-
tures, or in the present standards thereof, and such addition-
al tracks or structures, All the terms, conditions and stip-
ulations herein expressed with reference to the maintenance,
repair and renewal of said pipe line -in the location herein-
before described, shall apply to said pipe line as relocated,
changed or modified within the contemplation of this section.
(6) PIPE LINE NOT TO INTERFER_ WITH 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 main-
tained, repaired, renewed and operated in such a manner as
to cause no interference whatsoever with the constant, con-
tinuous and uninterrupted use of the tracks, property and
premises of the Railroad Company, both as regards operation,
maintenance, repairs and renewals, or new construction by
the Railroad Company,
(7) SALE OF RIGHT OF 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 t -he 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
whatsoever nature which may result from- any injury to or t -.e
death of any person whomsoever, or from the loss of or damage
to property of any kind or nature, including d= -age to the
roadbed, tracks, equipment or other propertyof the Railroad
alompany, when such injury, death, loss or damage is due to
the existence of said pipe line, or to the construction, main-
tenance, operation, repair or renewal thereof , or to the con-
tents therein or therefrom.
(9) TERMINAT ION:
Disuse of said pipe line for the purpose contem-
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 herein made , and in "case of such
an abandonment or of the breach by the Licensee of any of
the conditions, agreements or covenants herein contained,
the Railroad Company ,shall have the right to terminate this
agreement by giving to the Licensee thir-6y (30) days, notice
in writing of its intention so to do, :end at the expira-
tion of the thirty (30) day period mentioned in such notice
the license herein granted shall tern-.na•'a , and the Licensee
shall be without recourse or red.. ,ss of any character against
the Railroad Company by reason thereof.
(10) REMOVAL OF PROPERTY OF LICENSEE:
Within fifteen (15) days after the termination of
this agreement howsoever, the Licensee shall remove all prop-
erty of the Licensee herein provided for from 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 .$atisfaction of the Railroad Company., the said right of
way .to as good condition as it 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 work of removal and re-
storation at the cost and expense of the Licenses,, The Rail-
road Company may, at its option, upon such termination, at
the -entire cost and expense of the Licensee, remove that por-
tion of said pi,i)e line located underneath said roadbed and
track or tracks, and restore said roadbed to as good a con-
dition as it was in at the time of the construction of said
pipe line , or it may permit the Licensee to do such work of
removal and �re st or at i on under the supervision of the Railroad
Company; and in the event of the removal by the Railroad Com-
pany of the property of the Licensee and of the restoration
of said roadbed and right of way as herein provided, the
Railroad Company shall in no manner be liable to the Licen-
see for any damage sustained by the Licersos for or on ac- .
count thereof., and such removal and re st o r: ;;ion shall in no
manner prejudice or impair any right of action for damages or
otherwise that the Railroad Company may have against the
Licensee.
(11)' WAIVER OF BRTACH:
The waiver by the Railroad Company o the bxe ach
of any condition, covenant or agreement herein contained, to
be kept and performed by the Licensee , shall in no way impair
-' the right of the Railroad Company to avail itseaf of any
subsequent 'breach thereof .
(12) . AGR.E.'-MENT NOT TO BE A5 S I GITTID :
The Licensee shall not ,as§ign�this agreement or
lany ,of the rights hereunder without the Trittezl 'consent
of the Railroad Company.
(13) TERM OF AGR7M", WT :
W 'This agreement shall be effective from and after
the ------ tl_rgowaov»ftww,da,y of �, .«....., ���3 t�•�-�.. ��►,. , 1923 ,
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and shall 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
kept, observed and pe`tf ormed , shall attach to and run with
the eewtge di sposol system of the QOesee of wh ch the pipe
li no I s a pert
(14) SUCCE 7SOPS .AitD ASSIGNS:
�Thiq, 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, administrators,
successors and assigns of the Licensee.
IN iNITNFSS V'MMEOF , the parties hereto have caused
this agreement to be executed as of the day and year first
herein 'written..
Witness: UNION P 11PIr RAILROAD COMPANY,
It s t .Avert l Man w
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FIFTH
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W the 01 V,CIUO COMM has
t euderod t o t he CITT 41 1=Nk ft at * of Samas an*Or*ozolt
Sett Im north the conditions cavwtatvg the o;Wslructios,
wastonanco aim o ratIOA y 044 city of 4 tea tach .
tary $ower. Pte UA0 IWo$* the ytdht of war and underogth
the r ad"bod and t raeh of said Railroad Convalov aloes a
otraisht 1140 at right angle*,to and intorsooti.va tha 003tor
line of said trap at Angizoorls fit ati oaf so. 107 pias . 82 root
to the v0svity. of Wilsonroi et 'at Winst Scum County,
MMS and
# tt to coaotddred that the best interest$
or baid city will to, ox"boorvoli 1W the oxooutles of. vueb
agreement �
as IT imsava my TIN CITY 00AUSSX0390
IRS '' TRX CITY Of
That the terms of maid .agr,0,oMqAt .�# and the oa
axe 'horow ae od gra uhau, of said Mrs that the Itayor.
of .baid pity hemi autho**►d, empowered and direeted. to
62604tO paid 60r6sx0st to tehaU 0 S"d d4' y and tUt tho
COY dlerh U dir*otei to duly attest,tlso ems*
lntrrodaced for. 1st reading, loch. 5th, 1923
Ado ted and a oved ' ......
A A�r, loch. 12th,. 1923
'y OR BA140
lork at
City a� � o �, b "+� . Y 00"I thatttb
he
Abdvo and ford osIs a trod DOW. of a rosoi4ion adopted
by the 01ty Como or$ of said+fit at moot od lawfully
hold ria the day o tgpd at
hte2z a aor Iia +r+ to
as the, S APPO O uA file and
t < k =s �'�' :�'^ *Ay i N "rte• _ S i `�) <+„ -
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