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C.D. # 39198-1 Magnolia & Belmont 6 inch Sanitary Sewer Pipeline Crossing Agreementnth Sewer Pipe Line esle:g, KaPherson Br,, at Magnolia Bead, DUPLICATE ORIGINAL CofS Counterpart C.84 No* 39198-1 THIS QRSOMITO made and entered into this . .. ­ L: "day of l9Z, . treea� PACK ` , cerpora.tio �he "State of i to '. thereinaft6r called. Ma�.�ad. :CITY OF t?' m�i.ci,pai. c.orparatipi of the Bet'bf site (hereinafter called "Li:c seelt) # WITRISSETH The Lich esea desires to construct, maintain and operate a, b -inch sanitary sewer pipe line jhbre- inafter referred to as "Pipe Line#) across the, right of, gray and under the main track. of ,the BailroaO. 'Com". panyt's Wher'san Branch at a point 117#€ feet dila» taut (when measured 'alongthy, ;enter lune of the. main track' of said Branc) southern.. of the north line of Section 360 Township 14 South, Pkan.go 3 deet . of the hath P.N., at Salina, Saline County, Kansas., in the location shown -by , dashed yellow lines on the print hereto attached. dated August .B, 1+ 61, .'merked n hi.bit ;A" and hereby made a part hereof. NOW THE MORS, It is mutually agreed by and between parties haret© as 161lauss action I. RAI QAB C ANT 41ANTS RIGHT., In. consideration of the covenants and agreements erein contains' d to be by, the Licensee kept, observed and ®rformed, the; Railroad CorVany hereby, grants to th# 14cen- eat subject to the tom. 0 and conditions herein sated,, the i.ght to construct and thereafter during the tam hereof,, o mai ta3o and operate the Pipe Lino across said. right .of a acrid under said track in the - locati oA shote► by .dashed allow lines on Exhibit A. 11 P LX 7 -20 - The foregoing grant is subject and subordinate 'to the prior and continuing right and obligation of the Railroad 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 Co'rrpany to construct, maintain; repair, renew, use, operate, change, modify or relocate railroad tracks, telegraph,,t.ele- phone., 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 anytime or times by the Railroad Company without liability to the -Licensee or to any other party for compensation 'r damages. The foregoing grant_ is also subject to. all outstand- ing superior rights (including those in favor of telegraph andi telephone companies, lessees of said right of way, and others)' .and 'Ghe right of the Railroad Company to renew and extend the san.e,' and is made without, covenant of'title or for quiet en- joyment Section 2. CONSTRUCTION AND MAINTENANCE. The Pipe Line shall be constructed, maintained, re- paired, 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. .1111 expenses 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 consist o Aouolk 4 Int 1:140 pipe in 40 rest 4f 0434'h 004 00"$ placed at a.depth below the base of the rails of said track or tracks not.less than that indicated on 'Exhibit A, 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, reconstruc- tion or removal), the Licensee shall submit to the Railroad 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 En- gineer 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 Rail- road Company provides such support, the Licensee shall pay to the Railroad Company, within fifteen days after bills shall have been rendered therefor, all expense incurred by the.Rail- road 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. L. 2 W i� Section 3. NOTICE, OF COMIENCEMENT . 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. RELOCATION OR RFAvi'OVAL OF PIPE LINE. The license herein granted is subject to the needs and requirements of the Railroad Company in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee; move all or any portion of the Pipe Line to such new location or (unless the Pipe Line extends entirely across the right of way of the Railroad Company) remove the Pipe Line from said right of way, as the Railroad Company may designate, whenever, in the furtherance of such needs and requirements, the Rail- roadCompany shall find such action necessary or desirable. 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, so far as the Pipe .Line remains on the right of way, apply to the Pipe Line as modified, changed or relocated within the contempla- tion of this section. Section 5. NO INTERFERENCE TiVITH 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 whatso ever 'nature, including court costs and attorneys t 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 Rail- road Company. 3 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 prop- erty so disposed of, shall forthwith cease and determine. Section 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 dam- age to or loss or destruction of property whatsoever (includ- ing damage to the roadbed, tracks, equipment or other proper- ty of the Railroad Company or property in its care or custo- dy), 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 construc- tion, 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 from all liability for damages on account of injury to the Pipe Line from any cause whatsoever. Section 9. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein grant- ed or the Pipe Line for one year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after writ- ten notice from the Railroad Company to. the Licensee specify- ing such default, the Railroad Company may, at its option, forthwith terminate this agreement. Notice of default and notice of termination may be served upon the Licensee by mail- ing to the last known address of the Licensee. Section 10. RE140VAL OF PIPE LINE UPON TERMINATION 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 construction 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 otherwise, that the Railroad Company may have against the Licensee. Pix 114 2: PIX nFtt Nothing in this section contained shall obligate the.Iicensee to remove the Pipe Zine 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, covenantor 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. AGREEP:2ENT. NOT. TO HE 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 U0 ,4 day of A n$ and`shall continue in full force and effect ec 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 this agreement to be executed.in duplicate as of the date first herein written. Witness: UNION PACIFIC RAILROAD COMPANYt By &: ' .,,, t �—� 5 RESOLUTION -)f-4-A'�7 WMSU the UNION FACIM RA114ROAD COMPS teAdend t6 Of' 6AhINA, State of togas# +fat ; the const ation 6-olmh 'sower PIPs Ike crr� s at Salim # Baas; . said a Oe ht '60 dtatifled as RajUvad 60spanyts '44o . 01* J91964.1 and WEREAS, the' Council of the City of Sall: has said pro o!sed agreement before it and has iven i care u review and consideration; and g INNEREAS, it is considered that the best- interests of said City of.lea.,, a a will be subserved by the acceptance or saiaareemennt; THEREFORE, BE IT RESOLVED BY.THE COUNCIL OF THE CITY.. OF OAL OF A: 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 authorize$ and directed to attest said agreement and to attach to each duplicate. -original of said agreement a certified copy of this resolution:.; STATE OF ss COUNTY OF SALUR) City Clerk. ' of the City of saltftA NIPS-+.-.$ , hereby` certi- Py that the above noregoing is arue, ull and correct copy of a resolution, adopted by the' Council of the City, of. &.1-MMA6,, State. At ILOSAA at a meeting held accordin to law at , on, the day of , 19- as the same appears on file a of record in this office. IPJ TESTIMONY WHEREOFI have hereunto set my hand and affixed the corporate seal;pf said City, this. C II (seal) day of Sig-". Cityy Jerk o the City.,of Sad. t4r-` "te of eas* I,{ T 0 0, q� ,0'84L'tP /"r f C-r)"AICIF AIAII FL, kV V P., I P' 0' . 0 "S 74 TIL C AJ I" C- Al A *A* UX,rQN PACIFIC RAILROAD COMPANY Salinas saline countys Kansas To accompany agreement with, city Of Salim covering Proposed $ever line crossing on R/W Scale: 10 = 50, Office of Division Bagineer Kansas Cit, Missouri August ft 1961 L E G E I b Svwer I ine shown. . . . RR Right -Of -WO outlined. RBD