C.D. # 39198-4 Crawford at Fifth Street 16 inch Sanitary Sewer Pipeline AgreementN
Storm`ip tine Orooslog
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DUPLICATE ORIGINAL
Licensees Copy
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The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the �a:ilroad.
Company to use and maintain its entire railroad right of wavy
In the- -performance of its public duty, as acormnon carrier,
and is also sub ect to the right and power of :the R- ,lroad
Company to cons rust, maintain repair, renew, °use; operate,
change, madify or relocate.'railroad tracks, telegraph, tele-
phon'e, 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 onto any other party for compensation or
damages:
The foregoing grant is also subject to all outstand-
I,ng"supterior rights (including those in'favor of.telegraph an
telephone companies, lessees 'of said; right of way; and'othersj
and'.the right of the Railroad Company to renew and extend the
same, .and is ,made without covenant of title or for quiet. en-
Sec:tion'. 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 th&"satisfaction of 'the Railroad Company. All. expenses
incurred 'by the Railroad Company in connection with 'said work
for: `sup,ervision or inspection, or otherwi's°e, shall be :borne
bythe Licensee.
The portion .or; portions of the Pipe Line located, or
to be located, underneath said track or tracks shall consist o
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'
lor,portions of the Pipe Line (whether. of construction, mainte
mance, repair, renewal, modification, relocation, reconstruc ,
tion or, removal), the Licensee shall submit "to.-th.e Railroad
Company plans setting out. the method and manner of handling aj
the :work land 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
gzneer<or, his representative. The Railroad Company shall have
the right,if it so elects, to provide such support as it may
deem,sn:excessary 'for ,the safety of its track or tracks during
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the, time such work is being dome; and, in the event the Railr
road:: C6 npany provides such support, the Licensee shall pay to r
the, Railroad Company, within fifteen days after bills. shall ,
havte been `rendered _ therefor, all expense incurred by" the Rail.,.
road Company in connection therewith,, which said expense shall,"".1'
include all assignable costs plus ten per cent (10%) to ,cover
elements of expense, not capable of exact ascertainment..
F a, ;The Licensee shall keep and .maintain' the soil over
t.44 Pipe Line thoroughly compacted and the grade- even with the
add beat ,surface of: the ground.
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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 a
work on said right of way in connection with the constructs
maintenance, repair, renewal, modification, reconstruction,
relocation or removal of the Pipe Line,
Section 4. RELOCATION OR REMOVAL 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 locatioi
or (unless the Pipe Line extends entirely across the right o�
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
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 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-
ferenoe whatsoever with the constant, continuousand 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 it
before such fence was taken down or such other property was
moved or disturbed, and.the-Licensee shall indemnify and hold
harmless the Railroad Company against and from 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 destruo-
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,
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6-7-67
Section 7. LIABILITY.
The Licensee shall indemnify and hold harmless the
Railroad Company against and from 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 arisf
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 ani
part thereof, or to the contents therein or therefrom. And
the Licensee does hereby release the Railroad Company from Q
liability for damages on account of injury to the Pipe Line
from any cause whatsoever.
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Section 8. 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
hereincontained 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 mai-
Ing to the last known address of the Licensee.
Section 9. REMOVAL OF PIPE LINE UPON TERMINATION OF
AOR ' NT.
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, sal
right of way and the roadbed of said track or tracks to as
good condition as they were in at the time of the constructio
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 damages, or otherwise, that
the Railroad Company may have against the Licensee.
Section 10. 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
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6-7-67
way.,impair th6'rightof the�'Railroad Company to avail itself,
of .any suboequentbre.aah thereof.
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RESQLUTI4N
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WHEREAS, the Council of the City of
has said proposed agreement before it and has given it carefu
rew: and consideration; and
WHEREAS, it is considered that the best interests o
said City of �� w E
i.0 b
subserired by the acceptance of said agreement;
THEREFORE, BE` IT RESOLVED BY .THE COUNCIL. -OF THE
CITY OF
That theterms 6f,t-he- agreement submitted b the
1 yy
Union. Pacific Railroad Company as ai'oresaid be, and 'the same
are; hereby, accepted in behalf of said City; .
That the.Mayor of said City is hereby.authorized,
emppowered and directed to execute sa d agreement on behalf of
said City and that'the.'City Clerk of said City is hereby
author-itied� and directed to attest said agreement . and to atta�c
to each duplicate original of said agreement a certified copy
of this resolution,
t
STATE OF.
SSL
COUNTY OF
I, I'PA&I City Clerk of
the City of , hereby cert.,
fy ;that. th,e a `ove `a oregoxng is ,a true,, ful land correct
copy of_ a resolution adopted by the. Council of .the City of
a at a meeting held
according to lawat , on thi
day of ' i9 8"
as.,. a ame appears on e o recor n this o ce..�
IN. TESTIMONY WHEREOF, I have hereunto set my hand
nd affixed the corporate seal of said City, this
. _� ... ~day of 19.•
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CA ft. 7684
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1 LSASI-Ciry OFSALWA
MWY. PUfiP*Sf5 C.O.Aft74S4 /_,"k
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Exhibit "All
UTTIOI,'
I PACIFIC RAILROAD COMPANY
SALINA
.,_PALINF,_C,OTJN- IY, KA -;SAS
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I�lc TTE7SON B'�AIVTT
To accompany agreement -v.r it h
CITY OF SALIT'TA. KATTSAS covering
12-inchC.M.F.-storm sewer
crossing north. of Republic Avenue
Scale T" = 'O
Office of Division Engineer
Kansas City, Kansas
December 15, 1967
* L E G E N D *
i Sewer line crossing shimn..ORAIME
1 Prop. 6� existing sewe-w
within 1,wy."-ase covered
by AgreementCDNo. 76804
Brown GREi2',N
Agreem�rt CD No. 7684
ou'll ined .....................TELLY
outlined ............. RJ: li D