C.D. # 514 Front Street 24 inch Storm Sewer Pipeline Crossing Agreementc.,. 51.
HWS W=.. m.. 1� IMgItl� M►wn•
.AGREEMENT
1001,� per`
between b��
R �.k
UNION PACIFIC RAILROAD COMPANY
b
and
CITY OF SALINA
Dated 1918.
Providing for a 24" storm sewer
pipe line crossing in Front Street
at
Salina, Kansas.
\ DUPLICATE -ORIGINAL.
" d 'o Ve t :into tAs
A
4orporat
aorp
Of 'vh6 stag of ift-0.(borejuaftow 414all A *Paailflo company"
pa.ity Of the first parts Cod avy op min"Saline Oounty.
Kansas. (hereinaftor- 04110A the OTA40n$609). party 0 f the
seeond Paxt *
W1. TNESSN'ru:
WjWp.XASt the Licensee. in 000npotion with the exo
tension of its storrA Zewor $yStQm iA t4O 01tY Vf 'Salina,
00unty of Saline, Stat* of Kansas, desires to oonstruot a.
*ertain I qf.,gorwer whjoh will extend a0rosO AhO right OJ
Way and underneath the roadbed end tracks Of thO- pacific
Company it the 100atign hereinafter described,
NOW THOMOM, for And in consideration of the
00vonants and,' -payments Uvreinaftor mentioned, to be perfor
ed and made by the U0009*0t the #801fic 0*mP%W h-Or0*0Y gre'
U'Ato the 14joensoO, upon the terms and oonditions hereinaft
,set fortho the right to construct and thereafter maintain
and operate during the term bOT00f, a Twenty-four XnOh (24
storm seer extending
across the right of way and undernoa
the x4a4bed and traaks of the Pacific Company along a
1'
straight, line approximately parallel with and Five (5) f e,
distant west of the east line of the !Oorthwest quarter
of Section Twelve (l2 ) ,-Tom ship Rourt0en (14) roouth.Pange
Three t5) West of the Sixth Principal Meridian, which said
straight line (produe0A) lies within the limits of Front
n of said went
Street in said City Of Salinao The 190atio
four Inch (24") storm suer, where it oroesesthe right of,
way of fjo+ the PaOiCompany$ is Otho by veil
.,3ine on the
prtnt atta wb 06
ohed hereto and markMthltIt iOh Ad
at taohed print is hereby made a part kerftf- -'91
The said VtOM SeWeVe vth*r'e it Oxoss0s. the r "'t' of
wo, 4 %Aderneath the rea0ed and tra,00 Of the
and extend. pa 09 oonstraoted of, and Manta ilted vt'
Twenty-four Inch Oe4tt) cast iron pipes
'.the groat herein made is expreasXy conditl0ned UPDA
the performance by the Licensee Of &11 and sin$Ulax the'
.0oVena3ats and aSrea
'mentS hereinafter set fort ted be by .th
Liqeo,sere kept, done and performed, e of gatd' 0070naAts bre-I
agreements being &Udq'U gonditton ago it being 4100 'h'Qr4P0,
.f ,
stipulated that, a vraiver by the R0110 00Mpar' , , 0any
tuall in no way IMPAir the xig#t
cif the iio Of .any of SUOU COU4-4
v0spanx to avOl
breach thereof.
FIRSTz The WenSO-40 agrees to Pay tO the 704 'f'
p=fo
V r the prlvi'10610 kerOilft 9"A' to 04 the "0' of live'"
U -1 f
jars (0-00) oof this agreefteftt-,-
r the te=,.
fta e"d stoXV,"Wers her elzaftera
as, ommer pipe Z*0"I all be . 01,40ed at 000 an 01*0v , Atiol
of
L19L
tut ►ti mr1opt
shall be not les0 than r fte ('10
f`Oot bels* the base `of the *sill O,f . tho t "Ite the Taoir
oempany "Aor WOO it a toads 4nd - th.O , oeftsee agrees tbA
n open trench shall b within -h Att of right
WAY of the paoiI't-0 OftLp in eomeet :cin. ith,' the sante
struct ion of eats. sr pipe 114e, but that sa*d sewer pipe
` die shall he put 1
ponse of moving$ removing or making such shanges in the loa
t ion of said sewer pipe line . as may "be required by, the
Pacific Company in connection with such obangere in its trao
or structures, or in the present standard then"e+of, or 'such
addi.t"ional.` tracks or structures. The obligation of the
Licensee in this agreement prescribed with reference to the
maintenancs,rispair and renewal of said sewer pipe line as
originally oonstruoted, shall apply to said, sewer pipe, line
as relooatedo changed, or added to, within the contemplatfo
of this section.
SIXTH The Lioensees agrees to maintain the ea,id
sewer pipe line outside of the limits of the right of way
of the pac if is Company, and to use and operate said sewer
pipe line in such a manner as to cause no injury or ' damage
to the roadbed, tracks or other property of the Pacific
company.
it is further agreed that all the work of
construction, maintenance, operation, repair or renewal of
said sewer pipe line shall be handled in such manner as to
cause "no interference with the constant, continuous and
uninterrupted use of the tracks and property of the Pacific
Company, both as .to operation:, maintenenoe, renewals or
possible new construction by the Pact if is Company.
MTH: The Licensee hereby agrees to indemnify and
hold harmless the Pacific Company from and against any and
all. daffi ,go*, olaime, demande, causes of action, vests and
expenses of whatsoever nator# which may result from injuries
to any persons whomsoever or from damage to property of any
kind or nature, Including damage to the roadbedr tra+oke,
equipment or other property of the Pacific Company, where,
such injury or dame is due to the existence of said sewer'
pipe line or to the use and operation thereof, or . to the
water therein or therefrom, or to the construction, maim-
tenanoe," repair or renewal of said sewer pipe line -
EIGHTH: " blsuees of said sewer pipe line for -the pur-
pose for which' it was originally coinotruoted continuing at
any time for a period of one year, shall constitute an "aban.
donment thereof by the Licensee and of "the grant hereby mads
and in case of such abandonment or of the breach "by the
Licensee of any of the conditions hereof, the Pacific Qompeu
shall have the right to terminate this agreement at any
time upon giving thirty (30) days notice in writing to the
Zioensee of its intention to terminate the saam$, and at the
eicplrati.on of said thirty (30) days notice the license here
granted shall terminate and be at an end and the Licensee
shall be without recourse or redress of any character again
the Pack if is Company by reason therreacsf.
NINTH s ' Within Sixty (60) days after the t erminat for
of this agree MOAt "huwsoSver, the Licensee shall,, " if
notified so to do by the Pacific COmPaAYP at its "awn expene
i k
t.
M
remove all of Its property from WAS richt 9f -WAY.of the
:0 It, .16, Cohip6Ay, and Shal), -ro'ertgre, the imem e's of the
Vlvoikto- Comp y" to their OrAgiA411-0onditiog 'all in 06 manne
"tistaoto ry to and under the supV'
on of aoitlo
Company; or the 14witio 0ompeo.y myl r at, Its options Upot
such terminationdo zu,*34 work of removal and restoration
itself'at the entire cast. and expense, of the Licensee* and
in the' event of the removal aCi
by the Pf lo Company of ths.
property of the Licensee as hereinbefore provided, and of
the - restoration of its premises to their original condition
the Vacif�o Company shall in no manner be liable to the
Licensee for, any damage sustained by the Licepoee for or on
account thereof, and the termination of this agreemPpto and
such razoval and re6t0ratiQu shall in 110 Manner PrOJU4100
9 , r,$xpair any right of I aetion for damages or otherwise that
the pacific Company may have at such time against the
tic ensee
TENTH; The Licenses agrees not to assign this agre,
Mont without the consent, .in writ ng, of the Pacific Oompan,
endorsed hereon.
xLSVZM*,- This.agroement shall be effective from and
after the date first herein written, and the parties hereto
covenant for themselves, their heirs, executors, administra,
tors, successors and assigns, to keep and perform each and
all of the o.ovenants, agreements a -ad aondttions herein ex-
-pressed, and it Is, Weed that said covenantal agre.ements
and conditionse s1aali attaoh to and run with the said sewer
Pipe line of the Lioensev.
rK WITHESS WWWX70 the parties hereto have �oaused
this agreement to be executed in duplioate on the "y .and
date first herein Writon.,
'fitness: UNION OJO. COMPANY..
dr t'
vittless:
Attest:
'V4 e ,
40 ARARV,
*4-
mom 4
\ 00
v
r
of 4a S TANDARD O 1 L C O.
a o \ u
a m
K +
� g
14
C S aw a o
+
.11
6 + *� r' M Nmw
N
L - 332 of co ui ` o
— Gar--- 7- —y— — t
3 83 o k A =
a o
4-
0
c
c �
s
v
0
c
v�
.N