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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 PU New ? z 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 VJI� T 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 F _ f f� ty � 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. -5- M :3 RESOLUTTON n obFutionrelro� to onstroction Wter i 'Jim across u�� WjMM- toxo to Q ' : r #0 off` $ s "eft ao ►rt the 0 t oat ton oo 446 ope t lon o f n too Vasey I ootoo$ the VISM of Y � r tho to4ft 01 of bol 4t$r ash fi o� oItto oU d t ot nt Roo . t. 044 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 ►l.l►, '0*9 off" ",,. r I i I 1 1 181 185 183 1' J 188 I 186 184 I I J l trtr r � 186 184 k.L I I I v w D"18 Tar, k I �; W a M /� 1 ,A, 1 T ' City ,YaIP.r... d ;� \2 Water ,Main Q� Pilehtaininf{�ft! lio�� Ip wp t' " '62 Px1'x10'Wood Box I %oiwelk &Handrail 184'1q P ( f "' 7,7 \ 47 C i.yp 11 185 l83 1 cc I ; I o r•.. W al. J a SSW, �I N UNION PACIFTO RAILROAD COPPO To accompa.ny�qgreqent Kith the City,of0py o , c 0 AND D -I L