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South Industrial 8 inch Water and 6 inch Sewer Pipeline Encrachment AgreementOf t PLX 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 wary In th'e `performance of its public duty as a common carrier, .and is also sub ect to the right and power` of; the R^ilroad I Company to constpuct, maintain, repair, renew, use, operate, I change, modify.1. or relocate railroad tracks, telegraph, tele - .0 other,pole and wire lines, 'pipe lines and other .faciliti'&s upon., along or across any or all parts .of said ,r"fight 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,, x.ng superior rights (including those in favor of telegraph'an telephone companies, lessees, of said sigh"t, 'of „wa.ot y, and h'ers) and the.r,ight;o.f:the Railroad Company ,to renew and extend ,the. sam°e, and is made:.Without covenant of, title, or. for quiet en-;--,- ',, Section :`2. CONSTRUCTION AND MAINTENANCE. Y The Pipe Line shall' be constructed, `maintained, re Paired,r''enewedmodified and/or. reconst,rutted 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., , 'All`,' expenses incurred: "by the Railroad Company. in ;conn,ee;tion. with said work for' supervision, or 'inspection,; .o.r-otherwis,eshall-._be; borne bythe Lic ens e8 The' 'portion or. portions � of the Pipe Line: located ori to'., -,be lo_cated,. underneath said track or. tra ks-.s all '- "M 10C' o 10 aft "M 'itW, i4t, I A placed ay.)a:_depth below the base',of .11he: ;rails .of said: track ori tialcks<"no.' ,less` than that indicated- n .Exhibit; A,.: and .prior to the commencement of any work in. connection w,it;h ,.such 'p'ortion or; portions: of the' Pipe Line (whether of construction, mainte , nance, � repa i r,, ,renewal, modification, relocation,- -reconstruc tion or. r.emovaJJ, ,theLicensee shall submit to th.e' 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,,an:d then only under the supervision of said Chief'En grneer; or.''Y is representative. The Railroad Company shall have the right, if, it. so elects,: ,to provide such ,support, as' it may deem; necessary' for.'°fhe 'safety„of its track or tracks during the ti"'m'a:b uch' work is being done, and, in the event: ,the ,Railer roadCom�any provides such support, the Licensee shall pay to the :t2ailroad 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 eleriients:,of expense not, capable of exact ascertainment.' The.Licensee shall. keep and maintain, ther soil over thej Pipe Line thoroughly, compapted. and .the grade even with the adaacent, .surface of the,, ground. 2 ij ' 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 ani work on said right of way in connection with the construction maintenance, repair, renewal,lmodification,.reconstruetion, 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 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- 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 1be 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.'iremoval 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 Ii 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 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. PLX road Company, E -6-7-67 3 �I Is PLX 6-7-67 Section 7, LIABILITY, The Licensee shall indemnify and hold harmless the Railroad Company against and ';from any and all liability, los damage, claims, demands, cost's 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 arise 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 al liability for damages on account of injury to the Pipe Line from any cause whatsoever. 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 continue 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 addressof the Licensee. Section 9. REMOVAL 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, 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 lof the Pipe Line as in this section provided, the Railroad Company shall, in no manner, be liable to the Licensee for Jany damage sustained by the Licensee for or on account of such removal, and such removalshall, 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 conditions covenant or agreement herein contained to be kept,, observed and performed by the licensee shall in no .4 PLX nEn - 6-7-67 0 I 1 I Prop Sewer Line ------ ;*� Prop.. Wctf er Line ---_- ' I 1I I� I i 1 1 II 1 1 1 1 1 i 1 ' � 1 1 { { c �0 II C2%- I.P Wafer Line Connedion 32, Rt. 6+73.�; I ' I' R%1n/ 33 Track I ;', Line ----------'-- h--- =------ �7�------------------- Utili}y Lines- Ciiy of Saiincx C.b.42989-i— --h,++ X90 To Salina en _-----_—�--1007•ToE.irW.Ctr5ecs1,T.155wR.3W1___—¢— R/W 33'-t Track '\ Connect. to B" CIP Force Sewer Line ZB' Lt. t 6"C.I.P Force Sewer Line,Xinq in, 3f -15' C. M. P Casing (14 Gage) IC Lt. `4.5 B. B/R -Min G+b5? Exhibit "A" UNION PACIFIC RAILROAD COPRIANY Nt.P 5*10 MPHJ-MSON BRAV2N ne SALIT°dAn SALINE _ Cd�UTdTY_._ N SAS To accompany agreement wit h— CITY 0r'' S.ALINA covering 611 C.I.P. sanitary sever line crossing and 8" C.I.P. water line encroachment. Scale: I14 = 1001 Off=ice of Division, Engineer Xansas City,a Kansas Aparil. i?, 1968 'LEGEND Nev serer line shown.......,Y'ELLtI New water line shown...... Q a aGREEN Sewer main, covered by agreement s% ®.. W ..... a ... ,,BLUE Fater main covered by agreement R.R. RN outlined ....... o s m.... E? . C. TSS. �� gtti'r��rt To bq;attached to agreement Audit No._..___ --112 4 5 8C D .No.- 42989-2 No.— No.— Between UNION PACIFIC RAILROAD COMPANY and CITY OF SALINA Assignments—Dates and Names of Assignees: - - Covering Water pipe. line on the right of way, and sewer pipe line on the right of way, and under the track,,- Location rack,-Location Salina, Kansas. Dated—?MD-e—J 4...19Si$.Effective Date Air - 23, L9_68_ -_Expiration (Original) Agr_22_,_1 913__ Expiration (by latest extension) - - —= --- --- -------- Supplements, including extension riders—Dates - - IT Is HEREBY MUTUALLY AGR EID by and between the present parties to the above named agreement that the term thereof shall be and hereby is extended to and including April 22 19 8 3 . and that. ail the terms and conditions thereof. as heretofore (it supplements to the ori.;inal agreement are indicated above) or herein (if any special provislons are written below) amended, shall remain In full force and effect during the extended term. said agreement with the amendments and supplements (if any) to be subject to termination prior to the expiration of the extended term in the same manner as is provided therein for termi- nation prior to the expiration of the term hereby extended. Special Provisions: Dated , 19 7 3-. blade in duplicate. Witness: `Vitne Attest: (Seal) li City Clerk UNION_PACIFIC RAILROAD COMPANY, By General Manager CITY )W SALINA, Mayor f RESOLUTION 3142 WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered „to CITY OF SALINA, State of Kansas, an agreement extending to and including April 22, 1983, the term of contract dated June 10, 1968, covering the construction, maintenance and operation of (a) an 8 -inch water pipe line on the right of way of the Railroad Company's McPherson Branch, near Salina,. Kansas; and (b) a 6 -inch sewer pipe line on the right of way and under the track of the Railroad Company's McPherson Branch. near Salina, Kansas; said agreement being identified as Union Pacific Railroad Company's C.D.No. 42989-2-A; and WHEREAS, the Council of the City of Salina has said proposed agreement before it and has given it careful review.and consideration; and WHEREAS, it is considered that the best interests of said City of Salina, State of Kansas, 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 certified copy of this resolution.. STATE OF KANSAS ) ss COUNTY OF SALINE ) City Clerk of the City of Salina, State of Kansas , hereby.certi- fy that the above and foregoing is a true, full 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 Salina, Kansas on the day of , 1973 , 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 l gyp] , 1973 . Y C (Seal) City Clerk of the City of Salina, State of Kansas. UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT A. O. MEYER DISTRICT REAL ESTATE DIRECTOR City of Salina City Clerk Salina, Kansas 67401 Gentlemen: . a February 24, 1983 1416 DODGE STREET OMAHA, NEBRASKA 68179 CD 42989-2 Reference is made to Union Pacific Railroad Company Agreement C.D. No. 42989-2 in favor of City of Salina covering a water pipeline encroachment at Salina, Kansas which will expire by its own terms April 22, 1983. Please advise your intention regarding extension of said agreement on the attached carbon copy of this letter and return to me in order that I may submit your request to the various concerned departments within the Railroad Company. If you desire to extend the agreement, the rental charge for the ten year term will be $100.00 per annum. Also, a $100.00 fee for preparation of the document is applicable and will be billed at a later date by our Accounting Department. It should be understood that the Railroad Company's request for the above information should not be construed as a commitment or consent on behalf of.the Railroad Company to renew the above agreement. Very truly yours, tn ObC7. A4 by its own- terms. April 22,. 1983. Please advise your intention regarding extension of: said-agr.eement on.the attached carbon copy of this letter and, return.to me in order that I may submit your request to the, various concerned departments within the. Railroad Company. If you desire to extend the agreement,.the rental charge for.the=ten.year term will' be $100.00 per annum.- Also, a $100,00.`fee for preparation of,the document is applicable and will..be'billed at a later date by our Accounting Department.* It should be understood that the Railroad Company's- request f"or the above information should not be construed as- a° commitment or consent on behalf,of the Railroad Company to renew the - above agreement.• Very truly yours, _Yes, I desire renewal of said license. No,, I.do.not desire said license renewed. CITY OF SALINA Director of Utilities (3) Billing address (Street a city. Zip) (4T Name.and phone.number of individual to contact in event.of"questions. res requested instrument (5) Effective date desired. — c Ai • SECTION "B" (1) Remarks: (2) A preparation fee of $100.00 will be charged for processing of License Agreements, except when installation serves the Railroad Company or its tenants, or when installation is located in a public way, in which event no charge will be made. REMITTANCE SHOULD NOT BE MADE AT THIS TIME If your request is approved and an agreement prepared, you will be billed at a later date by our Manager -Billing a Contracts. Forward Application to: (Signed) District Real Estate Director (Individual)(Partner)(Corporation) (BY) (President)(Secretary)(Manager) CITY OF SALI.PaAf REQUEST FOR COMMISSI,O,N ACTION DATE TIME A I 9A 4:Oo P.M. AGENDXSECTIONs Consent ORIGI'NATI NGDEPARTMENT: APPROVEDFOR NO 6 , AGENDA : *r.:, , City Clerk " I TEMP k 0"4 tzF L. Ha-rrison BY. �' ry "�" Re�ol�utiion Number 83-3643 -authorizing the Ma or to sign an agreement with ,v w the Ulnion' Pacific 'Railroad Company renewinga .water pipeline encorachment. (C ®42989-2-B) East of South Industrial Area. - ^fi Jle h 5 9 RE a'i 11 °, 'A V 14 'r � nom} h 8 x cF COMMISSION AC -TION, MOTION BY''SECOND BY L TO: I , v Va`' ••% ,�, *p•.� .?� � f7 i r as.S...T,�n�,s.'ss'•�� '`map• RESOLUTION 83-3643v 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- -fted .cagy of this resolution. STATE OF KANSAS ) COUNTY OF _SALINE ;SS. I, D L N i City Clerk of the City of sal;na,xanaa� hereby certify that the above and foregoing is 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 Salina Kansas , on the 16th day of Ma 19 83 , 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 ==k344L I 19 �3 (SEAL) y Zes. City Clerk. at _ the City of Y lit Salina, State of Kansas DUPLICATE .r^,SINAL Form 2214 tJ P R R Counterpart RENEWAL RIDER C.D. No. 42989-2-B I'.. he attached to a_;reement Audit No. 112458 C.D. No. 42989-2 No. _ No. Bet -ween UNION PACIFIC RAILROAD COMPANY and CITY OF SALINA ['resent Assienee (if any) — — Covering water pipeline encroachment Location M.P. 5.30, McPherson Branch, Salina, Kansas Dated June 10, .1968. Effective Date Apr. 23, 1968 Expiration (Original. April 22, 1973 Expiration ( by latest extension 1 April 22, 1983 IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named a_reentent that said a_reenient. %%hich by this refetence is made a part hereof, is hereby adopted by said parties as their avree- inent for a term be(innino ------------ April -'_23------- ------------------------- 19.__8.3., and extending to and includin¢ Apri-1_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 bindinff upon the parties hereto during said term as if the same were repeated herein: said agreement %%ith the supplements and 'or amendments (if any) to be subject to termination prior to the expiration of the term herein named in the same rtianner 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 ------- _. `fade in duplicate. Witness: U.NION--- PAC_IF1C_.RAILROAD_ COMPANY_,_-, .... - - ----- ----- -------------- -- By General Manager "Mss Attest: CITY 0 SALINA, (Seal) By�a-y ----- ✓-- .. City Clerk or'-_..... V ENGINEERING DEPT. OFFICIAL CITY MAP OF NORTH WEST QUARTER SEG I T.ISS. R.3 W. MAR. 12" SCALE f.ow HE HARPER CITY ENGINEER M SEC.LINE , ell"s zsa j0 r I f +2 _ J } t 127CUIY edr. >a'A35 AVENUE A R 1Qnlr " 2DIr, BLOCK 1 P�00' 21e Z. 40' 4D � 1 2�t --T :, �— - � — --�z=- t. - Mai tt 15323 Im 100' 100' 107 r 22 _T OST b 11 b b MI N 4! If br-, �A _ LOCK r '. $ IvENUE i fIm 132 .18 .100 '. b 20 wl AREA i 10 SEC.LIt 100 _ Ai AO2. - _ -•+...—...tea '!� '— CItY 0�.: SALi1JA ENING : DEPT OFrIG1AL CITY :.AP Or. MI NORTH WEST QUARTER 9 uue. roes . acAu r.loo I arlliu+rEw ' ` cnr cNGlultrn