C.D. # 24615 Fourth Street 16 inch Water Pipeline Crossing AgreementDUPLICATE ORIGINAL
CofS Copy
inch Nater Pipe Lite Crossing Oont. Dept . o. 84613
or McPherson Branch, .
THIS AGRSNNUMT, Made and entered into this
Tenth day of April 1940
M between UVI PACIFI0 WO COMPANY-, a oorporat ion
the State of Utah (hereinafter called "Railroad Company")
. CITT OF SALINA, a municipal corporation of the State of
sas (hereinafter Balled wLlcensee" ), WIT SSR ;
to Licensee desires to construct maintain
and operate a 16-Inah water pipe 'line thereinafter
referred to as '"Pipe Line") across the right of stay
and under the track of the Railroad Company at a
paint 110 feet distant (men measured along the
center line of the Railroad Company*s- McPherson
Branch -main, track) southerly from the south line
of South Street projected easterly at Salina,
Saline County, Kansas, in the location shown by
dashed yellow line on the print hereto attached
dated February 15, 1940, marked '"Exhibit A" and
hereby made a part hereof.
NOW TBERRFORR, it is mutually agreed by and between
parties hereto as follows
ection 1. RAILROAD COMPS GRANTS RIGHT.
In consideration of the covenants and agreements
erein contained to be by the Licensee kept, observed and
erformed, the Railroad Company hereby grants to the
Acensee, subject to the terms and conditions herein stated,
he right to construct and -thereafter, during the term
:ereof , . to maintain and operate the Pipe -Lige across said
`ight of way and under said track In the location shout by
ached yellow line on Exhibit A.
1
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The foregoing grant -is subject and subordinate to
the prior and continuin; right and obligation of the Rail-
road Company to use and maintain its entire railroad right
of way in the performance of its public duty as a common
carrier, and is also subject to the right and power of the
Railroad Company to construct.. maintain, repair, renew, use,
operate, change, modify or relocate railroad tracks, tele—
graph, telephone, signal or other pole and wire lines, pipe
lines and other facilities upon, along or across any or all
parts •of. said right of way, all or any of which may be freely
•done at any time or times by the Railroad Company without
liability to the Licensee or to any other party for compen-
sation or damages.
The foregoing grant is also subject to,all out-
standing superior rights (inol'uding those :in favor. of tele-
graph and telephone companies; lessees of -said right of way,
and others) and the right of the Railroad Company -.to renew
and extend the same.
Section 2. CONSTRUCTION AND MAINTENANCE—
The Pipe Line shall be constructed, maintained,
repaired, renewed, modified and/or reconstructed by and at
the expense of the Licensee and all work on said right of way
in connection therewith shall be done under the supervision
and to the satisfaction of the Railroad Company. all.. -
penses incurred by the, lai.lroad Company in connection .w..h
said work for supervision or inspection, or otherwise shall
be borne -.by the Licensee.
The'portion or portions of the Pipe Line located,
or.to be' located, underneath said -track or tracks shall con-
sist of • „ pipe,
placed' aYeporioess ee below e
base of the rails of said track or track, .aid .prior to the
commencerkent of any work in connection with such portion or
portions.•of the Pipe Line (whether of construction, mainte-
nance, .repair, -renewal, modification, relocation,,- recon-
struction or removal), the'Licensee shall submit to the Rail-
road Company plans setting out the method and manner of
handling the work and shall not proceed with the work until
such plans shall have been approved by the Chief Engineer of
the -Railroad Company and then only under the supervision of
.said Chief Engineer or his representative. The Railroad
Company shall•h&ve the right; if it so elects', to provide
.such support as it may deem necessary for the safety of its
track or tracks during the time such work 16, being done,
and, in the event the Railroad Company provides such support
-the-luicensee shall pay to.the. Railroad Cc.mpany, within
fifteen days after bills shall have been rendered therefor,
all expense incurred by the Railroad dompany in connection
therewith, which said expense shall include -all assignable
costs plus ten per cent (10%) to cover elements of expense
.not capable of exact ascertainment.
The Licensee shall keep and maintain the soil over
the Pipe Line thoroughly compacted and the.grade even with
the adjacent surface of'the ground.
2
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Section 3. NOTICE OF 00124EN08MENT OF li OML-O
The Licensee shall notify the Railroad Company at
least forty-eight hours in adia" nee of the commencement of
any work on said right of wayin connection with the con-
struction, maintenance, repait.1 renewal, modification, re-,
construction, relocation or romoval of the Pipe Line.
Section 4. MODIFICATION OR RELOCATION OF PIPE LINE.
The Licensee shall, at the sole expense of the
Licensee, make any and all modifications or changes in the
Pipe Line or move all or any part thereof to such new loca-
tion as may be required by the,Railroad Company, at any time,
in connection with the construction, maintenance, repair,
renewal, use, operation, change, modification or relocation
of railroad tracks, telegraph,,.Etelephone, signal or other
pole and wire lines, pipe lines and other facilities of the
Railroad Company upon said rigi�-t of way.
All the terms, conditions and stipulations herein
expressed with reference to the;Pipe Line on said right of
way in the location hereinbefore described shall apply to
the Pipe Line as modified changed or relocated within the
contemplation of this section.
Section 5. NO INTERFERENCE WITH RAILROAD OPERATIONS.
The Pipe Line shall be constructed, maintained,
repaired, renewed, operated, used, modified, reconstructed,
relocated and/or removed in such manner as to cause no
interference whatsoever with the constant, continuous and
uninterrupted use of the tracks and other property of the
Railroad Company, and nothing shall be done or suffered to
be done by the Licensee -that would,.in any manner, impair
the safety of said tracks or other property.
Section 6. RESTORATION OF' RAILROAD CO1--,9Ph.NY'0 PROPERTY.
In the event the Licensee shall takedown any
fence of the Railroad Company or, in any manner, move or di;
turb any other property of the Railroad Company in con-
nection with the construction, maintenance, repair, re-
newal, modification, reconstruction relocation or removal
of the Pipe Line,.then, and in that event, the Licensee
shall, as soon as possible and at the sole expense of the
Licensee, restore such fence and/or such other property
to the same condition as it was in before'suoh fence was
taken down or such other property was moved or disturbed,
and the Licensee shall indemnify and save harmless the
Railroad Company from and against any and all liability,
loss, damages, claims, demands,.costs and expenses of what-
soever nature, including court costs and attorneys' fees,
which may result from injury to or death of persons whom-
soever:, or damage to or loss or destruction of property
whatsoever, when such injury, death, damage, loss or destru
tion grows out of or arises from the taking down of any
fence or the moving or disturbing of any other property of
the Railroad Company.
3
Section'7. DISPOSAL OF PROPERTY.
In the event the Railroad'Company
any of its property upon which the Pipe Line
herein prodded, - -11. ff
sem hall t�v sub jec
i
shall dispose of
is located. as
Section 8. LIABILITY.
The Licensee shall indemnify and hold harmless the
Railroad Company -from and a6inst any and all liability,
loss, damage, claims, demands, costs and expenses of what-
soever nature, including Gout costs and attorneys' fees,
which may result from injuryto or death of persons whom-
soever, or damage to or lossor destruction of property what-
soever (including damage to the roadbed, tracks, equipment
or other property of the Railroad Company or property in its
care or custody), when such injury, death, loss, destruction
or'damage grows out of or arises from the bursting of or
leaks in the Pipe Line, or in any other way whatsoever is
due to, or arises because of.,. the existence of the Pipe Line
or the construction, operation, maintenance, repair, renewal,
modification, reconstruction, relocation or removal of the
Pipe Line or any part thereof, or to the contents therein
or therefrom. And the Licensee does hereby release the
Railroad Company Me,
all liability for damages on account
wo3flu a tion tthe Me,1"n o& mavaoVatsoevera except
lru
Section 9. TERMINATION ON ABANDOhHENT OR DEFAULT.
Disuse of the Pipe Line continuing, at any:' time,
for a period of one year shall constitute an abandonment
thereof., and, in the event of such an abandonment, the. Rail-.
road Company may, at its option, terminate this agreement.
If the Licensee shall fail to keep and perform all
or any of the covenants and agreements herein contained to be
by it kept and performed, and such default shall continue
for a period of thirty days after written notice from the
Railroad Company'to the Licensee specifying such default,
then the Railroad Company may, at its option, forthwith
terminate this agreement.
Section 10. REMOVAL OF PIPE LINE UPON TER11-INATION OF
AGREEMENT.
Within ninety days after the termination of this
agreement howsoever, the Licensee shall, at the sole expense,
of the Licensee, remove the Pipe Line from said right of
way and restore, to the satisfaction of the Railroad Company,
said right of way and the roadbed of said track or tracks
to as good condition as they were in at the time of the con-
struction of the Pipe Line; and if the Licensee fails so to
do, the Railroad Company may do such work of removal and
restoration at the expense of the Licensee. In the event
of the removal of the Pipe Line as in this section provided,
the Railroad Company shall, in no manner, be liable.to the
Licensee for any damage sustained by the Licensee for or on
account of such removal, and such removal shall, in no manner
pre judice or impair any right of action for damage, or other-
wise, that the Railroad Company may have against the Licensee
PLX 11 4
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Nothing in this-zeetion contained shall obligate
the Licensee to remove the, Pipe Line because of termination
of this licer$e with respect to same under the provisions of
Section 7 hereof in cases ;where the Licensee shall have made
arrangements dor the continuation of the Pipe Line with the
grantee or grantees of t e Railroad Company.-,
Section 11. WAIVER OF BREACH.
The waiver by the Railroad Company of the breach,
of any condition, covenant or agreement herein contained to
be kept., observed and performed by the Licensee shall in no
way impair the right of the Railroad Company to avail itself
of any subsequent breach thereof.
lim bass been ea*2eted the satafase"kiftwe ra,194adpi
Section 12. AGREFIMNT NPT TO BE ASSIGNED.
The Licensee shall not assign this agreement with-
out the written consent of the Railroad Company.
Section 13. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
day of Ny ..r.r_� 19,
and shall continue in full force and effete until terminated
as herein provided.
Sectibn 14. SUCCESSORS AND nSSIGNS,
Subject -to the provisions of Section 12 hereof,
this agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and r
assigns.
IN WITNESS 'KHEREOF, the parties hereto have caused
this agreement to be executed in duplicate as of the date
first herein written.
Witness; UNION PACIFIC RAILROkD COMPANY,
By
1
April'&'194x3.
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RESOLUTTON
n obFutionrelro� to onstroction Wter i 'Jim across
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WHEREAS, th'�iof_
as said proposed agr"'fore it and has given it care
Preview and consideration; and
WHEREAS, it is..cbnsidered taut the best, interests.
P said ity of will be
ubserved by the accep ance,of said agr ement;
THEREFORE, BE IT RESOLVEL BY
ITY OF
That the terms of the agreement submitted by The
5t. Joseph and Grand Island Railway Company and Union Pacific
Railroad Company as aforesaid be, and the same are hereby,
accepted in behalf of said City;
That the Tl`ayor of said City is hereby authorized,
empowered and directed to execute said agreement on behalf
of said City, and that the City Clerk of said City is hereby
authorized and directed to attest said agreement and to at-
tach to each duplicate original of said agreement,a certi-
fied copy of this resolution.
zntx'u t 4od std passed, AP 2:.M o2.9 lf�•
STATEC std )
ss
COUi3TY OF S ) Attu
City CleY*t"'bfW"tn
hereby
City of
certify t a
;?adfW5veo
&n oregoing is a true, full and 41
correct copy of a resolution adopted by the c Wel
Of"lima, at ee nd
according to law at is ,00
on .the d'ay ' of-, 191
as 'the same "appears on file and f'"Gord, in this office.
IN TESTI11ONY VM1EREOF, I have hereunto set my hand
and affixed the .corporate seal of said City, thisi Q
day of
(Seal)
L City Clerk of the Ci-ty of
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