C.D. # 34900 Claflin at Fourth Street 12 inch Sanitary Sewer Pipeline Crossing AgreementDUPLICATE ORIGINAL
Cofs Copy
ince Sewer ripe Une O.D. Noq, 34.940-
SOLog gait 10114 Ave. ,
THIS .AMOSEMM, made and tered into, this :,
doy of 19L
earnFA060% COV. s +oorpo at3:can
he StN'A.
ate or ,lgteh {heteluarter called hka�, ad `company t )
0TV' VP A , a ►ia a1 eorporiti n of '.the -Mate of
es (here inafte +. caii.ed " ie see# , W N3q.
Y
The Licensee desires to . ponstruot maintain
and Operate apt It -loot sewer pipe line. thereinafter
referred to . , "Pipe Line") so
rad ads the : right' or war
and under b}fie.Oji track o the Wiraad coa ",,a1
M aphorson $ranch along a line parallael to. ami
Feet South of the, north line (ptoduoad) of . 4,la:f lln
kvenue"at Salina, Saline Comity,, Kansas, iu the.
Iodation: spa► by dashed yellow line on the print
hereto ettaaoh .. dated M' 40. 19491, Iarked 1120.bit A"
and hereby me4,e a Mrt hereof.
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•
NOW THERNPORR, it Is' mutually agreed by and between
p itrti. es . hereto as, f aiawi
eation 1. RAILROAD C0 A '� 'G s RIONT.
In vonside.ration of than covenants and agreements
erein contained tai be by the Licensee }sept,. observed and per-
armed, the Railroad Oompany hereby grants to the Licensee,
ub jeot to the terms and conditions herein stated, the right
® o onstruat and thereafter during the term hereof, to ma n-
a•in •and opfrat4 the,.Pi.pe L6e e►oress said, righty of vary and
ader add treat In the location shown by dashed yellow line
h fthi.bit A.
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The foregoing grant is subject and subordinate to
he prior and continuing right and obligation of the Rail-
oad Company to use and maintain its entire railroad right
f way in the performance of its public duty as a common
arrier, and is also subject to the right and power of the
ailroad Company to construct, maintain,.repair, renew, use,
perate, change, modify or relocate railroad tracks, tele-
raph, telephone, signal or other pole and wire lines;, pipe
ines and other facilities upon, along or across any or all
arts of said right of way, all or any of which may be freely
one at any time or times by the Railroad Company without
iability to the Licensee or to any other party for compen
ation or damages.
The foregoing grant is also subject to all out-
tanding superior rights ( including those in favor of tele
raph and telephone companies, lessees of said right of way,
nd others) and the right of the Railroad Company to renew
nd extend the same.
ection 2. CONSTRUCTION AND MAINTENANCE.
The Pipe Line shall be constructed, maintained,
epaired, renewed, modified and/or reconstructed by and at
he expense of the Licensee and all work on said right of way
n connection therewith shall be done under the supervision
nd to the satisfaction of the Railroad Company.. All ex-
enses incurred by the Railroad Company in connection with
aid work for supervision or inspection, or otherwise, shall
* borne by the Licensee.
The portion or portions of the Pipe Line located,
r to be located, underneath said track or t racks shall con-
ist of -- 040t Oft Pipe
laced at a depth of not less thanfeet below the
ase of the rails of. said track or tracks, and prior to the
ommencement of any mrk in connection with such portion or
ortions of the Pipe Line (whether of construction, mainte-
ance, repair, renewal, modification, relocation, recon-
truction or removal.), the Licensee shall submit to the Reil-
oad Co:apany plans setting out the method and manner of
andling the work and shall not proceed with the work until
uch plans shall have been approved by the Chief Engineer of
he Railroad Company End then only under the supervision of
aid Chief Engineer or his representative. The Railroad
ompany shall have the right, if it so elects, to provide
uch support as it may deem necessary for the safety o -f its
rack or tracks during the time such work is being done,
nd, in the event the Railroad Company provides such support,
he Licensee shall pay to the Railroad Company, within
ifteen days after bills shall have been rendered therefor,
11 expense. incurred by the Railroad Company in connection
herewith, which said expense shall include all assignable
osts plus ten per cent (loo) to cover elements of expense
of capable of exact aseertainmsnt.
The Licensee shall keep end maintain the soil over
he Pipe Line thopoughly compacted and the grade even with
he adjacent surface of the ground.
PIX 11 2
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Section 3. NOTICE OF •COOZENCEMENT OF WORK.
The Licensee shall n.otify.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 may result 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.
3
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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, wi�ich may
result from injury to or death of persons whomsoever, or
damage to or loss or destruction of property 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 groves 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 Rail-
road Company from all 'liability for damages on account of in-
jury to the Pipe Line from any cause whatsoever.
ection 9. TERMINATION ON ABAitiDONPj!ENT OR DEFAULT.
Disuse of the Pipe Line continuing, at any time,
or a period of one year shall constitute an abandonment
hereof, and, in the event of such an abandonment, the Rail-
oal Company may, at its option, terminate this agreement.
1f the Licensee shall fail to keep and perforin all
r any of the covenants and agreements herein contained to be
Y it kept and performed, and such default shall continue for
period of thirty days after written notice from the Rail-
oad Company to the Licensee specifying such default, then
he Railroad Company may, at its option, forthwith terminate
his agreement.
ection 10. REMOVAL OF PIPE LINE UPON TERMIivATION OF
AGR:ZE 41ENT .
Within ninety day: after the termination of this
greement howsoever, the Licensee shall, at the sole expense
f the Licensee, remove the Pipe Line from said right of
ay and restore, to the satisfaction of the Railroad Company,
aid right of way and the roadbed of said track or tracks
o as food condition as they were in at the time of the con-
truction of the Pipe Line; and if the Licensee fails so to
o, the Railroad Company may do such work of removal and
estoration at the expense of the Licensee. In the event
f the removal of the Pipe Line as in this section provided,
he Railroad Company shall, in no manner., be liable to the
icensee for any damage sustained by the Licensee for or on
ccount of such removal, and such removal shall, in no manner,
rejudice or impair any right of action for damage, or other-
ise, that the Railroad Company ray have against the Licensee.
4
d
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.
ection 11. WAIVER OF BREACH.
The waiver by the Railroad Company of the -breach
f any condition, covenant or agreement herein contained to
e kept, observed and performed by the Licensee shall in no
ay impair the right of the Railroad Company to avail itself
f 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 shall take effect as of the
1 day of
and shall continue in full force and effect until'terminated
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 have caused fo
this agreement.to be executed in duplicate as of the date I oh.:
first herein written.
I
Witness:
UNION PACIFIC RAILROAD COMPANY,
,utast:
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RESOLUTIO14
'mm" the V=0K PA4 0 Raxaw C0 AW b"
tendered to the aTr OF SAL11% State of UAGS8 en agmeMOAt
OoVvrlas a. 12-140h serer Pipe ane aeoee the 34 t or
and under the mn `�� of the RaIIVOGd q04� McPher®o
ein
araneh at U # Zweae; said agreasent Wag i4entitiot ae
Railroad zVeny'a C*D. lie. 34900; ead
WHEREAS, the Council of the City_ of SeMAa,
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;_ State of Kau-saiss will. be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF LIM , STL!M OF S&S i.
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 agree!nent and to at-
tach to each duplicate original. of said agreement a certified
copy of this resolution.
STATE OF )
ss
COUNTY OF skt= )
I, �G City Clerk of the
City of, '91A 11� fr
state Of, hereby
certify that the above and foregoing is a true, full and
correct copy of a resolution adopted by the Council of the
City of .. n&,, "&te of &Msam at a meeting
held according to law at al- K
on the day of 19,.
as the same appears on file and of r ord in this office.
IN TESTI14ONY bIHEREOF, I have hereunto set myand
and affixed the orporate seal of said City; this
day of , 19-42.
(seal)
C
City Clerk_ of the City of
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