C.D. # 42989 East of South Industrial Area 10 inch Sanitary and 36 inch Storm Sewer Pipeline Crossing Agreement,10 -inch Sanitary Sewer and
36 -inch Storm Sewer at M.P.
3.5 3, McPherson Branch,
DUPLICATE ORIGINAL
CofS Counterpart
C.D. No. 42989
THIS AGREEMENT, made and entered into this
,_5 7. day of 07Z��� , 1957,
U7 and between URTUR PACIFIC —RAM90—ADWRIFET, a corporation
of the State of Utah (hereinafter called "Railroad Company")
and CITY OF SAUNA, a municipal corporation of the State of
Kansas (hereinafter called "Licensee"), WITINESSET
H;
RECITALS:
The Licensee desires to construct, maintain and op-
erate sewer pipe lines across the right of way and under-
neath the main track of the Railroad Company's McPherson
Branch at Salina, kansas, in the locations more particu-
larly described as follows-,
CROSSING A:
A 3t -inch storm sewer extending across the right of
way and underneath the main track of the Railroad Com-
pany's 14-cPherson Branch along a line parallel to and 10
feet south of the east and west center line of Section
25, Township 14 South, Range 3 West of the 6th P.M., at
Salina, Saline County, Kansas, in the location shown by
dashed yellow line on the print hereto attached dated
February 8, 1957, marked 7'Exhibit All and hereby made a
a part hereof.
CROSSISIG B;
A 0 --inch sanitary sewer extending across the right
of way and underneath the main track aforesaid along a
line parallel to and 10 feet north of the east and west
center line of said Section 25, at Salina, Saline County,
Kansas, in the location shown by dashed yellow line on.
the print hereto attached dated February 8. 1957, marked
"Exhibit B" and hereby made a part here�f.'
The sewer pipe lines aforesaid are hereinafter for
convenience referred to collectively as the "Pipe Line."
AGREEMENT:
NOW THEREFORE, it is mutually agreed by and between
the parties hereto as follows:
Section 1. RAILROAD COIF ail GRANTS RIGHT.
In consideration of the covenants and agreements
T
herein contathe ined to be by Licensee kept, observed and
performed, the Railroad Company hereby grants to the 'JAicen-
see, subject to the terms and conditions herein stated, the
right to construct and thereafter, during the term hereof, to
maintain and operate the Pipe Line across said right of way
and under said track in the locations in the Recitals hereof
described.
1
The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the Railroad
Company to use and waintain 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
Company to construct, maintain, repair, renew, use, operate,
change) modify or relocate railroad tracks, telegraph, tele-
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
any time or times by the Railroad Company without liability
to the Licensee or to any other party for compensation or
damages.
The foregoing grant is also subject to all outstand-
ing superior rights (including those in favor of telegraph ani;
telephone companies, lessees of said right of way, and others Y,
and the right of the Railroad Company to renew and extend the�i
aa -me
,3ection 2. CCN3TIZUGTJr_ONT AND
I The Pipe Line shall be constructed, maintained, re-
Ipairedt renewed, modified and/or reconstructed by and at the
lexpease of the Licensee aid all 'work on said right oft.' way in
lconnection therewith shall be done under .the supervision and
!to the satisfaction of the Railroad Company. All expenses
;incurred by the Railroad Company in connection with said work
dor supervision or inspection, or otherwise, shall be borne
fby the Licensee.
The Portion or portions of the Pipe Line located, o
'to be located, underneath said track shall consist of 20 feet
of 36 -inch extra strength reinforced concrete pipe and 20 fee,
iof 10-ixich cast iron pipe as indicated on Exhibits A and B,
respectively, and placed at depths below base of the rails of
said track not less than those indicated on said Exhibits A
and B, and prior to the commencement of any work in connec-
tion with such portion or portions of the Pipe Line (whether
;of construction, maintenance, repair, renewal, modification,
relocation, reconstruction or removal), the Licensee shall
submit to the Railroad Company plans setting out the method
and man, er of handling the work and shall not proceed with
the work until such plans shall have been approvedby the
Chief Engineer of the Railroad Company and then only under
the supervision of said Chief Engineer or his representative.
The Railroad or shall have the right, if it so elects,
to provide such support as it may deem necessary for the
safety of its track during the time such work is being done,
and, in the event the Railroad Company provides such support,
the Licensee shall pay to the Railroad Company, -v4ithin fif-
teen days after bills shall have been rendered therefor, all
expense incurred b -,y the Railroad Company in. connection there-
with, 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.
2
4
I
Section 3. NOTICE; OF CO1JjAEJC&1v0,JT 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 Pine Line.
Section 4. MODIFICATIO J OR RELOCA`T'ION_ OF PIPE LINL.
The Licensee shall, at the sole expense of the
Licensee, make any end 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, ue, operation, change, modification or relocation of
railroad tracks, telegraph, telephone, signal or other pole
and wire lines, pipe limes and other facilities of the`ail-
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. 1,40 INTERFERENCE 4TH RAILROAD OPERATIONS.
The Pipe Line shall be constructed, maintained,
repaired; renewed, operated, used, modified, recoIstructed,
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 mariner, impair the safety of
said tracks or other property.
RESTORATION AIL O �iP A� � T
Section
6 LZLST� RA'I ION CF RAILROAD C , Y S PROPER Y .
In the event the Licensee shall take down any fence
of the Railroad Company or, in any manner, move or dist?,.rb
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
ar�d 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.
P Lx 3
N
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, which may
result from injury to or death of persons whomsoever, or
damage to or loss or destruction of property whatsoever (in-
cludin g 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 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
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.
Section 9 . TERvi-INATION ON AB 1NDONT ENT OR DEFAULT.
Disuse of the Pipe Line continuing, at any time,
for a period of one year shall constitute an abandonment
thereof, and, in the event of such an abandonment, the Rail-
road Company may, at its option, terminate this agreement.
If the Licensee shall fail to keep and perform all
or any of the covenants and agreements herein contained to be
b-, it kept and performed, and such default shall continue for
a period of thirty days after written notice from the Rail-
road Company to the Licensee specifying such default, then
the Railroad Company may, at its option, forthwith terminate
this agreement .
Section 10. REMOVAL OF PIPE LINE UPON TERA,,INATI ;N OF
AGR'LE1 �ENT .
tdithin 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 con-
struction of the Pipe Line; and if the Licensee fails so to
Ido, 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 other -
`wise, that the Railroad Company may have against the Licensee.
PLX 4
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
gran tee or grantees of the Railroad Company.
Section 11. WAIVER OF, DREACH.
The waiver by the Railroad Company of the breach
.of any condition, covenant or agreement herein contained to
ibe 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. AGPLEEMEINT NOT TO BE ASSIGITED.
The Licensee shall not assign this agreement with-
out the written consent of the Railroad Company.
rSection 13. EFFECTIVE, DATE - TERM.
This agreement shall take effect as of the
23
day of at rL a 195
?_',5ntinue in f ull force and e4
f'�7777_cal J_ tre-& un Termin7Ted
�{as herein provided,
Section 1L_, SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 12 hereof,
this agreement shall be binding upon and inure to the benefi-
of the parties hereto and their respective successors and
assigns.
IN WITNESS WHEREOF, the parties here -to have caused
this agreement to be executed in duplicate as of the date
first herein written.
Witness.. UNI PN --PACIFIC RAI1TOAD COT,,TANY,
General Yana/
gar
0
CITY OF SALINA
Alayor
I
RESOLUTION
vH&RBA80 the UKION PACIFIC RAIL COMPANY has
tendered to the CITY OF SALINA, State of &ansas) an agree-
ment coveririg the construction, maintenance and operation of
a 10-1mch, sanitary sewer and a 36 -inch storm sewer across
the right of way and underneath the main track of the Rail-
road Company's McPherson. Branch at Sall4as X=sas; said
agreemwt being Identified in the Railmad Company records
as its G.D. No. 42989; and
ill WHEREAS, the Council of
has said proposed agreement before
review and consideration; and
the City of A alina
it and has given It carerul
WHEREAS, it is considered that the best interests of
said City of Salina. State of Kansas,_.. will be
f -d t;
'subserved by the acceptance osalagreemen
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SALIKA, STATS, OF �ANSAS:
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,
,%yowered and directed to execute said agreement on behalf of
:s d City, and that the City Clerk of said City is hereby
'authorized and directed to attest said agreement and to attach
,to each duplicate original of said agreement a certified copy
of this resolution.
STATE OF K &US A S
ss
COUNTY OF ;::LIN,ii4
City Clerk of the
Cilof Salina. Slate of Kansas hereby certi-
hat an _-IL"oregoing a v fuel'and correct
copy of a resolution adopted by the Council of the City of
Salina, State of Kansas at a meeting held
according to law at AA�Jua, on the
J Z%_da-Tr of 'L 1 1
0 19 Wf I
as the same appears on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
day of '192.
C !:,(seal) City Clerk of the City of
Salina, State of 11,,ansas.
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CITY OF SALIVA
REQUEST FOR COMMISSION ACTION DATE TIME
4:00 P.M.
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APPROVED FOR
NO. 6 AGENDA:
City Clerk
ITEM
N0. 2
BY: D. L. Harrison BY:
Resolution Number 83-3643 - authorizing the Mayor to sign an agreement with
the Union Pacific Railroad Company renewing a water pipeline encorachment.
(C.D. 42989-2-B) East of South Industrial Area.
COMMISSIOW;ACTION
MOTION BY SECOND BY
kfelp
les.
:ity
RESOLUTION 83-3643
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered
to CITY OF SALINA, State of Kansas, a rider renewing agreement
covering -water pipeline encroachment, M.P. 5.30, McPherson
Branch, Salina, Kansas; such agreement being identified in the
records of the Railroad Company as its C.D. No. 42989-2-B;
and
WHEREAS, the Council of said City has said proposed
agreement before it and has given it careful review and con-
sideration; and
WHEREAS, it is considered that the best interests
of said City will be subserved by the acceptance of said
agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF SALINA ,.STATE OF KANSAS
That the terms of the agreement submitted by 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
attach to each duplicate original of said agreement a certi-
fi -®py of this resolution.
STATE OF KANSAS )
} COUNTY OF )SS.
SALINE )
.1, D. L. HarrisonCity
Clerk of the Cit f
sa� i na
�' o_m Kansas , hereby certify
that the above and foregoing 's a true, full, and correct
copy of a resolution adopted by the Council of the City of
Salina, Kansas at a -meeting held according
to law at at
Kansas
on the
day of 19 ,
as the same appears on file and or record in tnis office.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the corporate seal of said City, this
day of 19
(SEAL)
City Cler:t Qt. the CitynL
Salina, State of Kansas
Perm 2214
RENEWAL RIDER
I-, he attached to a,reenrent Audit No. 112458
DUPI !C 'i : 7 0"'. .NAL
V P R R Counterpart
C.D. No. 42989-2-B
C.D. No. 42989-2
No. No
Between UNION PACIFIC RAILROAD COMPANY and CITY OF SALINA
1'resent Assivnee ;if anv. — —
Covering water pipeline encroachment
L.ocation M.P. 5.30, McPherson Branch, Salina, Kansas
I )atecl June 10, 1968 -Effective Date Apr • 23, 19 6 8 Expiration (Original; April 22, 1973
Expiration, by latest extension) -- April 22, 1983
IT IS HEREBY MUTUALLY Ak;REED by and between the present parties to the above-named a_reement
that said a�_reenrent. which by this reference is made a part hereof, is hereby adopted by said parties as their a rree-
Ment for a term be --,inning ------ ------- April ... 23 ------- .--_______-___---_-. ._-.. 19--8-3., and extending to and includin,
April -22. .... .... ...... ..... . --. 19 9.3--: and that all the teens and conditions of said agreement, as
heretofore or herein supplemented and/or amended. shall have the same force and effect and be as binding upon the
parties hereto during_ said term as if the same were repeated herein: said agreement with the supplements and/or
amendments !.if any, to be subject to termination prior to the expiration of the term herein named in the same
manner as is provided therein for termination prior to the expiration of the term thereof.
Special Provisions:
1) Upon the execution and delivery of this instrument,
the Licensee shall pay to the Licensor the sum of One Hundred Dollars
($100.00) as a consideration of the preparation hereof.
2) Effective as of the date hereof, the Licensee agrees
to pay to the Licensor as rental for the pipeline the sum of One
Hundred Dollars ($100.00) per annum, payable annually in advance,
during the extended term herein provided for.
Dated...... __------._-_-------_---- 19--.---- . Made in duplicate.
Witness: U_NIQ.N--- PAC_U.I .. RAILROAD. COMPANY..._ .-__
XXMXi Attest:
---- ----------- (Seal)
City Clerk
By............................ --------------_--- -- -_.
General Manager
CITY OF SALINA,
By
--------------------------- ------------ ..
Mayor ---
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CITY OF SALINA
ENOI911EERIN6 DEDt
OFFICIAL CITY MAP OF
NORTH WEST QUARTER
SEG 1 T.ISS. R.3 W.
WN. 19" SCALE r.o0
HEK%RMR CITY ENGINEER
10 SEC LINE
R. D. UHRICH
ASSISTANT VICE PRESIDENT
ROOM 1100, 1416 DODGE STREET
OMAHA, NEBRASKA 68179-1100
(402)271-3753
FAX(402)271-5493
Mr. Dennis Kissinger
City of Salina
Salina, Ks 67401
Dear Dennis:
UNION PACIFIC RAILROAD
CONTRACTS & REAL ESTATE DEPA r — y
January 30, 1996
Folder No. 060-16
REGMVCD
FO 1 1995
CITY MANIAGER'S OFFICE
Attached is your original copy of a Supplemental Agreement, fully executed on behalf of the
Railroad Company.
The Railroad Company has authorized the installation of fiber optic cable facilities on its
property in certain areas. Prior to using the Railroad Company's property covered herein, you should
thoroughly review the terms and conditions of this document and contact the Railroad Company at
1-800-336-9193 to determine if a fiber optic cable is buried on the subject property.
Sincerely Yours,
on Devish
Contract Representative
(402) 271-2346
distsupp.ltr
w
SUPPAGR.DOC 900101
Form Approved, AVP -Law
SUPPLEMENTAL AGREEMENT
Audit No. 112458
Folder No. 060-16
THIS SUPPLEMENTAL AGREEMENT is made as of the 50 4 day of �*� , 199sI, by and
between UNION PACIFIC RAILROAD COMPANY, a Utah corporation, (hereinafter the Licensor) and CITY OF
SALINA, a municipality with a mailing address at Salina, Kansas 67401 (hereinafter the Licensee).
RECITALS:
By instrument dated June 10, 1968, the parties hereto or their predecessors in interest (if any), entered into an
agreement (herein the "Basic Agreement") identified as Department Number CD -42989, Audit No. 112458, covering a
water pipeline encroachment located at or near Salina, Nebraska.
The parties now desire to modify the Basic Agreement by the following.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
SECTION 1 - INDEFINITE EXTENSION OF BASIC AGREEMENT
Effective April 23, 1993, the Basic Agreement is hereby indefinitely extended and shall continue in full force and
effect until terminated as provided in the Basic Agreement.
SECTION 2 -ELIMINATION OF ANNUAL RENTAL
Effective as of April 23, 1993, the Licensee agrees to pay to the Licensor a one-time fee in the sum of TWO
THOUSAND DOLLARS ($2,000.00) payable in advance, in lieu of the term rental heretofore stipulated.
Effective as of April 23,1993, the term rental in the Basic Agreement is hereby expunged.
SECTION 3 - PROTECTION OF FIBER OPTIC CABLE SYSTEMS
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is
of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenues
and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other
protection of the fiber optic cable prior to beginning any work on the Licensor's premises.
(b) In addition to other indemnity provisions of this Agreement, the Licensee shall indemnify and hold the Licensor
harmless from and against all costs, liability, and expense whatsoever (including, without limitation, attorney's fees, and court
costs and expenses) arising out of any act or omission of the Licensee, its contractor, agents and/or employees, that causes
or contributes to (1) any damage to or destruction of any telecommunications system on Licensor's property, and (2) any
injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents
or employees, on Licensor's property. Licensee shall not have or seek recourse against Licensor for any claim or cause of
action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company
using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property.
Articles of Agreement December 27, 1995
Page 1 of 2
SUPPAGR.DOC 900101 Audit No. 112458
Form Approved, AVP -Law Folder No. 060-16
SECTION 4 - TERMINATION
This Agreement may be terminated by written notice given by either party hereto to the other on any date in such
notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given.
SECTION 5 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of April 23, 1993.
SECTION 6 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall
be construed as amending or modifying the same except as herein specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of
the day and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
By:
RACT REPRESENTATIVE
X1T11rrrt~ ce•
CITY OF SALINA
Articles of Ap mnent December 27, 1995
Page 2 of 2