South Industrial 8 inch Water and 6 inch Sewer Pipeline Encrachment AgreementOf
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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,
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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,
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-6-7-67 3
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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
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6-7-67
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Prop.. Wctf er Line ---_-
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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
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L. Ha-rrison
BY. �'
ry
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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.
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COMMISSION AC -TION,
MOTION BY''SECOND BY
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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'-_.....
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