C.D. # 39198-2 Neal Avenue 6 inch Water, 21 inch Storm Sewer Pipeline Crossing Agreement4
I : - , . ktl� ,,0
DUPLICATE ORIGINAL
UP Counterpart
'Sewor and Water C.D. o 39198-2
,�Line Crossing, j
at
a_1..i2na Kansai.
i
i
THIS AGREEMENT, entered into this
� day of ._� 1963Y
r> ,7 v ani between UNION PAC t .: IC i' A I L&CAL C MPA YS a corporation
L i
,r e State of Utah (hereinafter called "Railroad Company" )
!ani CITY OF SALINA, a municipal cipal corporation of the State of
ansas (hereinafter called "Licensee") , WITNESSETH:
The Licensee desires to construct, maintain
and operate a 6 -inch water li e and a 21 -inch storm_
i . !
sewer (hereinafter referred to collectively as "Pipe
r ja �.pe
I
Line") across the rijAt of way and under the track
of the Railroad Comp „'s McPherson Branch at ideal
i
j Avenue, Salina, 0.._._
a, Se✓ County, sansas, in the loca-
1 tions shown by (usm„vullon and
dasned. green ..I.J.neS,
espectiely, on V e pvint nereto attached dated
August 7, 1963, marked "Exhibit An and hereby made �
'j
a part hereof.
I
AGREEMENT:
NOW THEREFORE, it is mutaally agreed by and between
he parties hereto as fog.-' ws.
(Section 1 • RAILROAD COV. 1R._C Gr
.
n consider atiovenants and a gr r ::ental
neruin contained - ��,ed t.^. be :see kept, observed a<ICl.. per ,
e as lroad Com _ grants to the nicensee,
the terms anS it .., nerein stated, the ri ,T yt
and therea.i , _ _ the terra hereon., to main—
r a%g tree Pipe ..,i _e cross said right of 4"+..+.r and
track in the _,.,}wa.,io� shown by dashed yellow lines
,.nsignating the water line) e) a n y dashed green lines (desig - ;
the storm sewer) on _ h4%n b i L A.
The foregoing grant- is subject and subordinate to
the prior and continuumr-117ht and obligation of the Railroad
Corpany to use and mainta ; v--ts ens -_re railroad right of way
Mss the performance of its puolic du'(,-za common carrier,
_d is also subject to the right and 4 :.br of the Railroad
o:mpany to construct, maintain, repair, renew, use, operate,
(:hano-e, modify or relocate railroad tracks, telegraph, tele-
phone, signal or other pole and wire lines, pipe lines and
other fac:�lities 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 Ra.ilroad Company without liability
to the Licensee or to any other party for compensation or
damag �: L.
T'_e foregoing gra^ � is also subject to all outstand-
ing superior rights (including those in favor of telegraph and
telephone corxpanies, lessees of said right of way, and others)
and the right of the Railroad Company to renew and extend the
sane, and is made without covenant of title or for quiet en-
joyment.
Section . CONCTRUCTTON AND MAINTENANCE.
The ripe Line shall be constructed, maintained, re-
}> ..° :ryed,renewed, modified acid/or reconstructed by and at the
. � nse of the Licensee oral a-11 work on said r ight of way in
connection therewith shal', be done under the supervision and
to the satisfaction of the Haillroad Company. 11.11 expenses
incur -red by the Railroad omnpany in connection with said work
for supervision or inspect_ cn, or otherwise, shall be borne
by the Licensee. 16
The portion or } of the Pipe/Line located, or
o be soca' e,� up( erneath t ^ q� r. trac shall const zt of
a t cast '-Lk�'? �1net1L�_2�, � �
c' ` 4�yyc.cpnp(! a 21-1.v+,P"bi � :` i 7 �ci vP.Ci ?Ili ti£zl i�� 2Se p� pE3 122 �d feet
..tit, Y, tge coir ;. z
placed at a.depth below se of the rails of said track or
tracks not less than that :::.cited on Exhibit A, and prior to
the commencement of any waa° c in connection with such portion
or portions of the Pipe Line (whether of construction, mainte-
a r _ e, repair, renewal, mol' ' l caulon, relocation, reconstruc-
tion or removal), the Licerasee shall submit to the Railroad
Company plans setting out the method and manner of handling
the warm and shall not pr o�, t o- with the work until such plans
shall have been approved bY Ae Chief - Engineer of the Railroad
Company and then only undue,. :he s�uDervision of said Chief En-
=. T' e Railroad Company shall have
gineer or his representut
the right, if it so elec l.s, p i'o°gide such support as it may
deer necessary for the sa.c of its track or tracks during
the time such work is bei,,.g none, and, in the event the Rail -
CI Company provides suc;- support, the Licensee shall pay to
the Rai?.raad Company, with"n fifteen days after bills shall
h=ave been rendered therefor, all expense incurred by the Raii-
road Company in connectic;- therewith, which said expense shall
include, a11 assignable cov plus ten per cent (10%) to cover
of expense not c,:oab .e of exact ascertainment.
The Licensee sLl _1 ,:eep and maintain the soil over
T ane thoroughly ed and the grade even with the
drface of the
__
A
L
t J
The foregoing grant- is subject and subordinate to
the prior and continuumr-117ht and obligation of the Railroad
Corpany to use and mainta ; v--ts ens -_re railroad right of way
Mss the performance of its puolic du'(,-za common carrier,
_d is also subject to the right and 4 :.br of the Railroad
o:mpany to construct, maintain, repair, renew, use, operate,
(:hano-e, modify or relocate railroad tracks, telegraph, tele-
phone, signal or other pole and wire lines, pipe lines and
other fac:�lities 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 Ra.ilroad Company without liability
to the Licensee or to any other party for compensation or
damag �: L.
T'_e foregoing gra^ � is also subject to all outstand-
ing superior rights (including those in favor of telegraph and
telephone corxpanies, lessees of said right of way, and others)
and the right of the Railroad Company to renew and extend the
sane, and is made without covenant of title or for quiet en-
joyment.
Section . CONCTRUCTTON AND MAINTENANCE.
The ripe Line shall be constructed, maintained, re-
}> ..° :ryed,renewed, modified acid/or reconstructed by and at the
. � nse of the Licensee oral a-11 work on said r ight of way in
connection therewith shal', be done under the supervision and
to the satisfaction of the Haillroad Company. 11.11 expenses
incur -red by the Railroad omnpany in connection with said work
for supervision or inspect_ cn, or otherwise, shall be borne
by the Licensee. 16
The portion or } of the Pipe/Line located, or
o be soca' e,� up( erneath t ^ q� r. trac shall const zt of
a t cast '-Lk�'? �1net1L�_2�, � �
c' ` 4�yyc.cpnp(! a 21-1.v+,P"bi � :` i 7 �ci vP.Ci ?Ili ti£zl i�� 2Se p� pE3 122 �d feet
..tit, Y, tge coir ;. z
placed at a.depth below se of the rails of said track or
tracks not less than that :::.cited on Exhibit A, and prior to
the commencement of any waa° c in connection with such portion
or portions of the Pipe Line (whether of construction, mainte-
a r _ e, repair, renewal, mol' ' l caulon, relocation, reconstruc-
tion or removal), the Licerasee shall submit to the Railroad
Company plans setting out the method and manner of handling
the warm and shall not pr o�, t o- with the work until such plans
shall have been approved bY Ae Chief - Engineer of the Railroad
Company and then only undue,. :he s�uDervision of said Chief En-
=. T' e Railroad Company shall have
gineer or his representut
the right, if it so elec l.s, p i'o°gide such support as it may
deer necessary for the sa.c of its track or tracks during
the time such work is bei,,.g none, and, in the event the Rail -
CI Company provides suc;- support, the Licensee shall pay to
the Rai?.raad Company, with"n fifteen days after bills shall
h=ave been rendered therefor, all expense incurred by the Raii-
road Company in connectic;- therewith, which said expense shall
include, a11 assignable cov plus ten per cent (10%) to cover
of expense not c,:oab .e of exact ascertainment.
The Licensee sLl _1 ,:eep and maintain the soil over
T ane thoroughly ed and the grade even with the
drface of the
__
3. NOTICE OF 0O`�,iEiiCE'1viENT OF �tORK.
The Licensee shall notify the Railroad Company at
lea I st forty-eight hours in advance of the commencement of any
uiorcl-_ said right of way in connection with the construction,
:malntenance, repair, renewal, modification, reconstruction,
or removal of the Pipe Line.
Section 4. RELOCATION OR "LVIOVAL OF PIPE LINE.
The license herein granted is subject to the needs
and requirements of the ."'.ailroad Company in the operation of
1Vs railroad and in the improvement and use of its property,
end the Licensee shall, at the sole expense of the Licensee,
move all or any portion of "ie Pipe Line to such new location
,or (unless -Uhe ',LPipe 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-
road Company 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
',ress-
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 1.V'ITH RAILROAD OPERATIONS.
The Pipe Line shall be constructed, maintained,
i:reDaired) renewed, operated, used, modified reconstructed,
:r e) o c at ed and/or removed in such manner as to cause no intel,--
'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
,.Uhe 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
--he construction, maintenance, repair, renewal, modification
reconst.ruction, 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 1Lice.cisee shall indemnify and save
harm"ess the Railroad Company from and against any and all
L
liability, loss, damages, claims, demands, costs and axpenses
of whatsoever nature, including court costs and attorneys'
fees, which may result from injury to or deathf persons
ersons
ojnor,,issoever, or damage to o.r loss or destruction of property
,vh a soeverwhen such inj,,:,-y, death, damage, loss or destruc-
L-401r, 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.
X
Sect DISPOSAL OF P.10r ERTY. f
In the event the jiELilroad Company shall dispose of
- its property upon which the Pipe Line is
any 01 located, as
hereir provided the license or permit herein granted, with
respect to the portion of the -Pipe Line located upon the prop -i
ert- so disposed of, shall forthwith cease and deter mine.
Section 8. LIABILITY.
The Licensee shal.l intemni,fy and hold harmless the
1� gad Comnany from and any and all liability, loss,
claims, demands. and expenses of whatsoever
costs
Ur Including court
and attorneys' fees, which may
es from injury -o or death of persons whomsoever, or dam-
age to or loss or destruction of property whatsoever (includ-
ng 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
beeause of the existence of the Pipe Line or the construc-
tion, operation, maintencance, 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
lnbllity for damages on account of injury to the Pipe Line
ia .2.
from any cause whatsoevere
'FAULT
Section 9. TMvIINATION ON NONUSER OR DE
If the Licensee does not use the right herein grant -I
ed or the PiDe Line for- one year, or if the Licensee continues i
in default in the perfonilance of any covenant or agreement
iherein contained for a period of thirty (30) days after writ -
notice from the Railroad Company to the Licensee speci.J"y_
such default, the Railroad Company may, at its option,
this a—eement. Notice of default and
notice of trraixiation may be served upon the Licensee by mail- 1
il
III in& the last kriowa address of the Licensee.
i"Section 10. EFAV40VAL OF PIPE LINE UPON TERMINATION OF
AGRE&MIENT.
Within ninety days after the termination of this
i� agreGrae-nt howsoever, the Licensee shall, at the sole expense
of theJ
L, ; cc
4-1soe, reamove the Pipe Line from said right of way
and restore, to the satisfaction of the Railroad Company, said
iright 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 t' 'a PipLine; 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
o." the Pipe kine as in th-Is 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 re_,,moval shall, in no manner, prejudice
or impair any right of action for damage, or otherwise, that
the Rai. k road Company may have against the Licensee.
7
.,'othinz in this section contained shall obligate
„h1-1censee to remove the ?J -pe Line because of termination
"cense with to same under the provisions of
'i7 hereof in case:- .'',—re he Licensee shall have made
arran-,ements for the con- of the Pipe Line with the
grantee or grantees of Company.
Seetion 11. WAIVER OF
,�'e waiver by ailroad Company of the breach
of any co-La-i""ion, covenant r agreement herein conte Ldied c
be kept, observed and by the Licensee shall in no
way JImpair the right of the Railroad Company to avail itself
of any subsequv-nt breach -'Clhereof.
sec� u ion 12. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this agreement with-
out the written consent of the Railroad Company.
Section l3 EFFECTIVE TERM.
Tnis agreement shall take effect as of the
4-1
6i day of
U
19 03
and st-,ail coH:'j-7---Fa—e in fu7
-orce ntl
ermines te
as he-l-ein provided.
-4, SUCCESSORS
_JX3NS.
Subject to the
of Section 12
hereof,
; reemnent shall beC)
upon and inure to
the benefit
of 'i' -.he Q.arties hereto a, -c
aair respective heirs,
executors,
admini--trators, successor:-,
'and assigns.
IN WITNESS WHERR
-`)]O'ttx4« parties hereto
have caused
this agreement to be executed
duplicate as of
the date
first herein written.
Witness -.
UNION PACIFIC RAILROAD COMPANY, ,
By
General Manager
- -------------
i P.
(S eal)
I
01'2Y O',, SAMNA,
7
L
-INTlayor
0
C
-rC.ilit�.3J :.l.Ct.Jt'a _ jl ✓ /
-E' S ,
the u:v PAC_^1�1C PAILP�GAD CG ��Ai�1Y has
o - `i'Y G�� 5:�1 _ '4, State of Kansas, an agreement
Dv: 2nJ .e cons�r:ir,-ion Maintenance and operation of a
0 -inch v.r +,ar ".tine and a %' .>nch storm sewer across the right
oi' i,ray and under the tracltis of the Railroad Company's
L`)he son Branchat Neal :µ'venue,
Salina, Kansas; said agree=
n c '- ida. 'ied as _= al-oad `o)mnany's C.D. No. 3919$-2;
WHEREAS, the Council of the City of Salina
,!has said proposed agreement before it and has given it care- j
''.r eview and consideration; and
vHEREAS, it is considered that the best interests of
said City of i.ina State oKansas, will bei
':subserved by -IGhe acceptance of said agreement;
-{'res THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CIS 1 OF ' fl ' Yr'i '112',
'.J rs..0 .li.-�� 1 , tii 1 i1 i � Vii w
That the terms of the agreement submitted by the
tion Pacific Railroad Compan,as aforesaid be, and the same
are heresy, accepted in behalf of said City;
I
That the Mayor of said City is hereby authorized,
ampo"Tared and directed to execute said agreement on behalf of
sa-id City, and that the C-.. Clerk of said City is hereby
authorized and directed to `-.est said agreement and to attach!
to each duplicate original colf said agreement a certified copy
of this resolution.
rs n.-�
i
,C,CUNTxr OF S.;i-141NA
City Clerk o f
7
he City of Sat_Lin a , SD -" a, '
`' `> hereby cert'
iy that i he ._ ove aii ore,going as a true, u and correct
copy of a rkoluton adopted by the Council of the City of
-Cu :; 01 -
Kansas , at a meeting held
ccord rig to 14w t �. -i � ansas , oil the'
.day of 19...x...' I
cs trae Babe appears on ie 4 n
of recon xn t 1s oF TL
Ce.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
ti day of 1963...-
(Sc:i.K_� City Clerk of the City o
Salina, State of Kansas. }
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Oki