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C.D. # 28041 Jewell & Kirwin 8 inch Sanitary Sewer Pipeline Crossing AgreementL1 DUPLICATE ORIGINAL SofS Copy = A09Z=WTt made and eaterog" #arra t.44 ei hth ..dad' @$ Novamb�r ... � �10 by aa,, b6tW64'i PA03*1C Oration or the .state or lit {herb ter oohed "Ra d OVr Qp i A=A a M�e1 Al 0orpor0ioa ► `the at;a of :►��heeiaa"te t�aied �,t+8aaea"' The L1,460eee desires to . coastr%gt s �=41 U414 operate iteh aaa.tary eaa pi e` ii#b . . � e hof or *4foarrod to aw "Pi a �ASM7 aoi"Q��' the xigh► C .. a Ind =der .the , �raeka,, Of ,',fie a��� goad ����`lino J46te ,' teat South of the south as d a ►e.1.. & ex pie _ et a .ne l e euaty', I aazae' A tha 10e01011-ahol by, dashed yellow line Q' 4 fhe .lariat , hare- attached date i ° hi:b$t A* and hereby' &ado a. past Fhsoeof -ow-, `.T ,.. 3t:, ie me�t�+�.l� a��aed �� ' ,� b+�tween. the part i.oe her+6to as t owa s aetiax ..WL90AD 0. "Y'. OR. RIGM, , a eonaide atiol:. of., the aovoxi to - 'Adr.40 ati heresy . Goata, ed to be by the ,L1084si o .keit #,.. abbo . d OAA e toriad o -the Rai :4ad Oom he ret ,'g 'Ver iaa�eee, .aeh�et tea th®'tem' and oiti Origin, otated, the right- to constract. aad t irei4tei, dhr nthe tem heareof- to maintaft and 6patatio the Pipe 14ne acro" said right of w ; and ruder, saidt. trtckks In tha 10,0atXon sht��a by daehod �gello* l e on f-hi,bit; A* i PLX New4 The foregoin& grant is subject and subordinate to the prior and continuing right and obligation of the Rail- road Company to use and maintain its entire railroad right of way in tete 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.o.ther,faciliti.es 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 (including 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 MAINTEN.ANCE. 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 ex- penses incurred by the Railroad Company in connection with 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 awsuft pipe, placed at a depth of not less than 3."p' feet below the base of the rails of said track or tracks, and prior to the commencement 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 have 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 is being done, and, in the event the Railroad Company provides such support, the License-e shall pay to the Railroad Company, within fifteen days'after bills shall have been rendered therefor, all expense incurred by the Railroad Company 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. PLX 2 PLX Section 3. NOTICE OF COMMENCEMENT OF WORK. The Licensee shall notify the Railroad Company at least forty-eight hours in advance of the commencement of any work on said right of way in connection with the construction, maintenance, repair,. renewal, modification, reconstruction, relocation or removal 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, re- newal, use, operation, change, modification or relocation of railroad tracks, telegraph, telephone, signal or other pole and wire lines, pipe lines and other facilities of the Rail- road Company upon said right 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 inter- ference whatsoever with the constant, continuous and uninter- rupted 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 COMPANY'S PROPERTY. In the event the Licensee shall take down any fence of the Railroad Company or, in any manner, move or disturb any other property of the Railroad Company in connection with the construction, maintenance, repair, renewal, 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 such 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 whatsoever nature, including court costs and attorneys' fees, which mayresult from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruc- 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. 5j V PLX Section 7. DISPOSAL OF PROPERTY. In the event the Railroad Company shall dispose of any of its property upon which the Pipe Line is located, as herein provided, the license or permit herein granted, with respect to the portion of the Pipe Line located upon the property so disposed of, shall forthwith cease and determine. Section 8. LIABILITY. The Licensee shall indemnify and hold harmless the Railroad Company from and against any and all liability, loss damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of propertN,- whatsoever (in- cluding 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 wa.N* 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 the=rein or therefrom. And the Licensee does hereby release the Rail- road Company from all liability for damages on account of in- jury to the Pipe Line from any cause whatsoever. Section 9. TERMINATION ON ABANDONMENT 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 contain. *d to be by it kept and performed, and such default shall continue for a p�:riod of thirty days after written notice from the Rail- road Company to the Licensee specifying such default, then the Railroad Company may, at its option, f orthv-ith terminate this agr_­t,,m_-nt. Section 10. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Within ninety days after the; termination of this agreement howsoever, the Licensee shall, at the sole expanse of the Licansea, remove the Pipe Lina 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 the;t 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 prejudice or impair any right of action for damage, or other- wise, that the Railroad Company may have against the Licensee n PLX 'IF" Nothing in this section contained shall -obligate the Licensee to remove the Pipe Line because of termination of this license with respect to same under the provisions of Section 7 hereof in cases where the Licensee shall have made arrangements for the continuation of the Pipe Line with the grantee or grantees of the 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. Section 12. AGREEMENT NOT 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 stall take .effect as of the, 004 day. of, 194, and sha l continue in full force and effect un i1 ti'minated as herein provided. Section 14. SUCCESSORS AND ASSIGNS. 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 assigns. IN WITNESS WHEREOF, the parties hereto havo caused this agreement to be executed in duplicate as of the date first herein written. ,Witness: UNION PACIFIC RAILROAD i - 4t = 5 C-1 cli t -n GI WC, CD Ln N - ------ - ------- - M -00 M.H. O. I 15"C. M.?-. Sewer o 1. 15"C. M.P. 5twer tq I.,W Line 99 /+El Crossing Sign —Wort- �1 t�, D. Lp y Ln 10 00 40 G;D L4of R. to Flow Line 4: B.'of R to a Fl Line, J% C uIv. Rcl.06 C.B. o z + 83r S 'X "Post. 3CI C -i p 00 E� k Tal SOI,UTI " Seaite� - . Srewer , a &on�.ie p aiiel to & appro�cimatei�2� ;r k fee, s©u�th of the south Introduced NoFv. Btli ' 194 Adopfftec� a . x 77 Mw. Fll°e iri my office this' dayof 1Q6ve3mber 1g 45 Chas.. $.°aaker. City 0g* , ,r {, - PAD6Ett'S PRINT. SALINA, x i Ar r y , r ill Board of Commissioners WHEREAS, the Com. of -the City of has said proposed agreement before it.and.has given, it care- .ful review and consideration;. and WHEREAS, it is considered that the best ..interests of said City .ofd . staftOf rn .. will be subserved by the acceptance of said agreement; BOARD OF , CO MMES S IONERS THEREFORE,, BE , IT RESOLVED BY THE ( ,.OF..THE CITY OF That the terms of the agreement submitted.by•the Union Pacific Railroad Company as aforesaid be, and the same are hereby, accepted in behalf of said City; That the Mayor 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 certified copy of this resolution. Introduced and passed, November 8, 1943 STATE OF ) ss COUNTY OF ) Chas. E. Banker City Clerk of the City of _' ,. hereby certify that thJe above and.. oregoing is a true, full and correct copy•'of a resolution adopted by the Council of the City ofi. , at a meeting held according to law at on the* eighth day of u November , 19 as the same" appears on fill' and of record in ,t is- office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this'' 8th day of" ,November lg - (Seal) City Clerk.of the City of 3 . C