C.D. # 42494 Fourth Street Spur Track AgreementDUPLICATE
Cofs Copy,
.............No.........
0 RI GINAL
FORM 2207
Audit No............
C. D. No. .4.21+91* . .
9.55-2M
Parties. THIS AGREEMENT, made and entered into this .:"' Qay of........ .' .....19%.....,
byand between........................................................... ............................
UNION PACIFIC RAILROAD COMPANY,
a corporation of the State of Utahhereinafter ....................... called "Railroad Company"), party of the
first part, and CIT` OF ALINA, amun c pal corporation of the State
4f Kansas
forrvenienee
(hereinafte called "Industry"), party of the second part, WITNESSETH:
Location. WHEREAS, the Industry desires the construction, maintenance and operation, of a spur track
300 feet long (hereinafter referred to as "Track")
at Salina
in ... Saline ...... county, ..Kansas ....... in the location indicated byyallow..aad-gremn
lines.. ..........................on the map hereto attached, marked "Exhibit A,"
dated ..... July -.24,-.19.56., ......... and hereby made a part hereof, which Track the Railroad Com-
pany is willing to construct, maintain and operate upon the terms and conditions, hereinafter set forth;
NOW, THEREFORE, it is agreed between the parties hereto as follows:
Night of Wag. Section 1. The Industry shall first procure and furnish without expense to the Railroad Company all public
authority and permission and all right of way outside the limits of the property of the Railroad Company which
are necessary for the construction, maintenance and operation of the Track.
Construction. Section 2. The Railroad Company shall construct* at its OVA expense
so much of that portion of the Track between the switch point (mxApsi..............) and the clearance point
(imavkiiil............) as is located within its right of way, being a distance of .... i} ....feet as indicated
by.P.11QW ......line ...... ... ......... on Exhibit A.
he Railroad Company shall construct, at the cost of the Industry, that portion of the Track lying beyond
the clearance point (or beyond the boundary line of the right of way of the Railroad Company, if the clearance
point falls outside said boundary line) as indicated b a ean - fi- 3w# e3r•
on Ex* Aperfa d® �� dt �ed � frra � � .n s a
The Industry shall also bear the cost of such incidental work (including changes in, or additions to, the Rail-
road Company's existing tracks and structures other than track changes connected with the turnout) as may be
necessitated by the construction and operation of the Track.
Maintenance, The Railroad Company shall, at its own expense, maintain the Track, except such portion thereof (if any)
as may be used for intraplant switching, which portion shall be maintained at the expense of the Industry;
PROVIDED, however, that the expense to be borne by the Railroad Company for the maintenance of that part
of the Track not owned by it shall be limited strictly to expense incurred in the maintenance of the track
structure, and any incidental expense, such as, but not limited to, expense for maintenance, removal or replace-
ment of paving, occasioned by the maintenance of the track structure, shall be borne by the Industry.
If the Industry is to bear initially the expense of the construction between the switch point and clearance point, fill in the
words "at the expense of the Industry subject to a refund as hereinafter provided." If the Railroad Company is to bear the
expense, fill in the words "at its own expense."
FORM 220'7
Operation. Upon the completion of the construction of the Track the Railroad Company shall operate the same for the
term of this agreement, subject to, and to the extent as contemplated by, lawful tariffs applicable thereto, with
the understanding, however, that the Railroad Company shall not be obligated to operate the Track if it shall be
prevented or hindered from so doing by acts of God, public authority, strikes, riots, labor disputes, or by any
cause beyond its control.
Deposit. Section 3. Before any construction is begun, the Industry shall deposit with the Railroad Company
(a) Q*@ mom - e.
dollars ($............ ...), being the estimated amount of the cost of the co y e Raiiroad Com-
pany of that portion of the Track between the switch point an nee point within the right of way of
the Railroad Company, which amount shall b o 1e Industry at the rate of two dollars ($2.00) for
each car of carload freight ani revenue to the Railroad Company delivered on or shipped from
the Track rio of three (3) years next ensuing after the date of completion of the Track unless
(b) the sum of ....... One..Thot d - ftft ,$; ...........................
dollars ($11,916 .00..), being # .rieii�a.4�d a �^ rt ^F '-1•^t..qt3r� the cost incident to the
construction he Track by the Railroad Company which the Industry is to bear as herein provided;
-_-4-;-g ;_=1L................................................................................... .....
dy+'+'. --- .. .x1..,71 1... PI.—yt,6. p,;.7 LF +1,., T«.7.,,.+..'91 . ^_ASA L +1.^ � T'p�'"nlrtb li @e m@ MR!P W.
Payment Bills for expense properly chargeable to the Industry, other than that for which the above mentioned deposit
of Bills. is made, shall be paid by the Industry within thirty (30) days after presentation by the Railroad Company.
Definition of Section 4. (Wee" i9wip +1.,. - „e tug ___^^_;_,-_ ,:..,11 hn .111 inoi i a 1
Cost. b.f79 Wfiilfl.li.Gila i + + 11
Expense for Section 5. The Industry shall pay all compensation and assessments required at any time by any munici-
Privilege. pality, public authority, corporation, firm or person for the privilege of constructing, maintaining and operating
the Track.
Ownership Section 6. The Railroad Company shall own all that portion of the Track located within the limits of its
of Track. right of way and within the limits of any public streets and/or alleys where the strip of land occupied by the
Track in such streets and/or alleys forms one continuous area with the right of way of the Railroad Company;
but, upon the discontinuance of the use of the Track for handling shipments to and from the Industry, the Rail-
road Company shall pay to the Industry the then salvage value of the usable material originally paid for by the
Industry contained in that part of the Track owned by the Railroad Company beyond the clearance point, less
the cost of recovering it.
The portion of the Track to be owned by the Railroad Company is indicated by v4a
line's .. ..... . on Exhibit A.
The remainder of the Track (if any) shall be owned by the Industry.
Right of Rail- Section 7. The Railroad Company shall have the right to use the Track when not to the detriment of the
road Company Industry.
to use.
Clearances. Section 8. No building, platform or other structure shall be erected or maintained and no material or ob-
struction of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8) feet
six (6) inches to the center line of the Track; PROVIDED, however, that in the case of platforms not higher than
four (4) feet above the top of the rail a minimum clearance of seven (7) feet three (3) inches from the center
line of the Track will be permitted; and PROVIDED further that along and adjacent to, and for one car length
beyond, all portions of the Track having a curvature greater than ten (10) degrees the clearances hereinbefore
provided shall, with reference to platforms four (4) feet or less in height, be increased horizontally six (6) inches
and with reference to all buildings, platforms, structures and other obstructions greater than four (4) feet in
height, shall be increase d,.horwontally one (1) foot; and PROVIDED further that if by statute or order of com-
petent public authority greater clearances shall be required than those provided for in this Section 8, then the
Industry shall strictly comply with such statute or order. All doors, windows or hates shall be of the sliding type
or shall open toward the inside of the building or enclosure when such building or enclosure is so located that the
said doors, windows or gates if opening outward, would, when opened, impair the clearances in this section
prescribed.
The Industry shall not locate or permit the location or erection of any beams, pipes, wires or other obstruc-
tions over or under the Track without the written consent of the Railroad Company.
Liability. Section 9. It is understood that the movement of railroad locomotives involves some risk of fire, and the
Industry assumes all responsibility for and agrees to indemnify the Railroad Company against loss or damage to
property of the Industry or to property upon its premises, regardless of the Railroad Company's negligence, arising
from fire caused by locomotives operated by the Railroad Company on the Track, or in its vicinity, for the purpose
of serving the Industry, except to the premises of the Railroad Company and to rolling stock belonging to the Rail-
road Company or to others, and to shipments in the course of transportation.
The Industry also agrees to indemnify and hold harmless the Railroad Company for loss, damage or injury
from any act or omission of the Industry, its employees or agents, to the person or property of the pasties hereto
and their employees and agents, and to the person or property of any other person or corporation, while on or
about the Track; and if any claim or liability other than from fire shall arise from the joint or concurring
negligence of the parties hereto (or of any two or more of them if there be more than two), it shall be borne
equally by the parties at fault.
�A Subdivision (a) is to be disregarded if it is provided in Section 2 that the Railroad Company shall construct at its expense
that portion of the Track between the °Switch point and the clearance point.
Rearrangement Section 10. The Railroad Company may rearrange or reconstruct the Track or modify the elevation thereof
of TvIck. whenever necessary or desirable in connection with the improvement of its property or changes in its tracks at
or near the location of the Track, provided that the Industry shall continue to have similar trackage without
additional cost to the Industry. In the event, however, that a rearrangement or reconstruction of the Track, or
modification of the elevation thereof, is required by reason of or as a result of any law, ordinance or other public
enactment or regulation, or by reason of the happening of any contingency over which the Railroad Company has
no control, then the Industry shall bear the cost of such rearrangement, reconstruction or modification. Nothing
in this section contained shall in any way affect the right of the Railroad Company to terminate this agreement
under the conditions set forth in subparagraph (c) of Section 12, hereof.
Governmental Section 11. This contract is made in full contemplation of all applicable restrictive orders and regulations
Restrictions. of the United States Government now or hereafter in effect and, accordingly, it is expressly conditioned upon the
ability of the Railroad Company to secure and furnish labor and materials and to secure any necessary authority
to perform the work.
Termination. Section 12. The Railroad Company, after giving sixty (60) days' written notice to the Industry of its inten-
tion so to do, may terminate this agreement and take up and remove that portion of the Track owned by it, if
(a) the Industry ceases for a continuous period of one year the doing of business in an active and substantial
way over the Track;
(b) the Industry shall fail to keep each and every obligation, condition and stipulation stated in or resulting
under this agreement; or
(c) the Railroad Company is required by law, ordinance or police regulations, or changed conditions, to ele-
vate or depress or otherwise change its tracks at or near the location of the Track, so as to make it im-
practicable, in the judgment of the Railroad Company, to continue the operation of the Track.
Assignment. Section 13. The Industry shall not assign this agreement or any interest therein without the written consent
of the Railroad Company and for any departure in this respect, the Railroad Company may terminate this
agreement.
Successors Section 14. Subject to the provisions of Section 13 hereof, this agreement shall be binding upon and inure to
and Assigns. the benefit of the parties hereto, their heirs, executors, administrators, 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 PA",FIC_ : RAILROAD CO ANY
.!� - ......... By.... ........... ...........................
...............
C
R E S C L j'�-IC`Il
t/
7
4/J
I WHSREASt the UNION PACIFIC RAILROAD C01APANY has
tendered to the CITY OF SAUNA, State of Kansas, an agreement
providing for the construction, maintenance and operation of
a spur track 300 feet long at Salina, Kansas; said agreement
being identified as Railroad Company's C.D. No. 42494; and
WHEREAS, the Council of the City of Salina
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 of an, insg tate a an will be
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SALIN, , STATE OF KANSAS:
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.
STATE OF KANSAS
COUNTY OF ss
AL1AE —
.
City Clerk of the
City of f .. State .. ,. -of — ------ hereby
certify t move an or. egoing is a true, full and
correct copy of a resolution adopted by the Council of the
City of, at a meeting
held according to law at _ .a3dna Can-ga-g.
on the day of
as the same appears on file and of reQ
Prd in this office.
IN TESTIMONY WHEREOF, I have hereunto set my 1"jand
and affixed he corporate seal of said City, this '
.day of
(Seal)
I�
lg
00,
City Clerkof the city of
Salina, Mate of Kansas.
Kansas City Sept. 14 1956
Agreement C. . o,__4 494
Lease Divn.do.�
Lessee -2 -LV -of Salina
.Location. Salilms_KS.
The above mentioned lease has no -,,been fully executed
and the Lessee t s copy is sent you hereti.-Jith for deivery to
tie Lessee.
In making delivery, please obtain acknoviledagment, of
receipt on the attached form, returning to me for further
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8xhibit "A"
UNION PACIFIC RAIIROAD COMPANY
E Saline, Salim County, Ks.
to accompany agreement with
OAK _./_11
City of Salina covering construc-
tion,, maintenance & op -ration of
spur track
S ca 1e : 1" - 100'
Office of Dir. Engineer
KansasCity, Missouri
July 24, 19%
k'_000
" LE GE ND #
Portion of trk to be paid far
& mired by RR Co. shown.... . . TELLCW
Portion of tark to be paid for
A
R -"K by Ind9.,but coned by RR Co. . GREEN