Audit # 47411 Fourth & Ash Street 60 inch Storm Sewer Pipeline Crossing Agreement.;I
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TRIPLICATE ORIGINAL
Licensee's Copy
C, D. No. 42989-3
C.ft.l.&P.Rk Co. -Sccre tary's No. %11
THIS AGREEMENT, made and entered into this
����--- day of _ _ 196 r
by and between UNION PACIFIC RAILROAD COMPANY, a corporation
of the State of Utah (hereinafter called "Union Pacific"),
party of the first part; CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY, a corporation of the State of Delaware
(hereinafter called "Rock Island"), party of the second part
(said parties of the first.and second arts being hereinafter
collectively called "Railroad Company"�; and CITY OF SALINA,
a municipal corporation of the State of Kansas (hereinafter
called "Licensee"), party of the third part, WITNESSETH:
(RECITALS:
The Licensee desires to construct, maintain
and operate a 60-inch.storm sewer ipe line (here-
inafter referred to as "Pipe Line" under the tracks
of Union Pacific and under the jointly owned track cfWon
Pacific and Rock Island at 4th and Ash Streets, Salina,
Saline County, Kansas.,. -in the location shown by dashed
yellow line on the print hereto attached dated October
28, 1968, marked ".Exhibit All and hereby made a part
hereof.
NOW THEREFORE, it is mutually agreed by and between
the parties hereto as follows:
Section 1. RAILROAD COMPANY GIVES CONSENT.
In consideration of the covenants and agreements
herein contained to be by the Licensee kept, observed and pe;
formed, Union Pacific and Rock Island, each to the extent of
their ownership interest in the tracks involved, hereby give
their consent to the Licensee, subject to the terms and con-
ditions herein stated, to construct, and thereafter, during
the term hereof, to maintain and operate the Pipe Line under'
said tracks in the location'shown by dashed yellow line on
said Exhibit A.
ection 2. CONSTRUCTION AND MAINTENANCE.
The Pipe Line shall be constructed, maintained, re -
aired, renewed, modified.and/or reconstructed by and at the
xpense of the Licensee and all work in connection therewith
hall be done under the supervision and to the satisfaction of
he Railroad Company, All..expenses incurred by the Railroad
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Company in connection with said work for supervision or in
spection, or otherwise, shall be borne by the Licensee.
The portion or portions of the Pipe Line located,.
or to be located, underneath said tracks shall be of the
dimensions and specifications indicated on said Exhibit A,
and shall be placed at a depth below the base of the rails
of said tracks not less than that indicated on Exhibit A, and
prior to the commencement of any work in connection with such
portion or portions of the Pipe Line (whether of construction,
maintenance, repair, renewal, modification, relocation, re-
construction or removal), the Licensee shall submit to the
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 and then only under the supervision of ,
said Chief Engineer or hi.s.representative. The Railroad Com-
pany shall have the right, if it so elects, to provide such
support as it may deem necessary for the safety of its tracks
during the time such work is being done, and, in the event the
Railroad Company provides such support, the Licensee shall pad
to the Railroad Company, within fifteen days after bills shalt
have been rendered therefor, all expense incurred by the Rail-
road Company in connection therewith, which said ex ense shalt
include all assignable costs plus ten per cent (17 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.
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 any
work in connection with the construction, maintenance, repair,
renewal, modification, reconstruction, relocation or removal
of the Pipe Line.
Section 4. RELOCATION OF PIPE LINE.
The 'consent herein given is subject to the needs ant
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 as
the Railroad Company may designate, whenever, in the further-
ance of such needs and requirements, the Railroad Company shat
find such action necessary or desirable.
All the terms, conditions and stipulations -herein
expressed with reference to the Pipe Line in the location
hereinbefore described shall, so far as the Pipe Line remains
underneath said tracks, apply to.the Pipe Line as modified,
changed or relocated within the contemplation of this section,
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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-
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, in any manner,
move or disturb any property of the Railroad Company in con-
nection 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 property to the same condition as it was in
before such 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, demand:
costs and expenses of whatsoever nature, including court cost:
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
destruction grows out of or arises from the moving or dis-
turbing of any property of the Railroad Company.
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 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.,,
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Section.8. TERMINATION ON NONUSER OR DEFAULT.
If the Licensee does not use the consent herein
given or the Pipe Line for one year, or if the Licensee con-
tinues in default in the performance of any covenant or
agreement herein contained for a period of thirty (30) days
after written notice from the Railroad Company to the Licen-
see specifying 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
mailing to the last known address of 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 underneath said
tracks and restore, to the satisfaction of the Railroad Com-
pany, the roadbed of said tracks to as good condition as it
was -in at the time of theconstruction 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 re-
moval 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 oragreement herein contained to be
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 11. LICENSEE NOT TO ASSIGN.
The Licensee shall not assign this agreement, in
whole or in part, or any rights herein granted, without the
written consent of the Railroad Company.
Section 12. EFFECTIVE DATE,- TERM.
This agreement shall take effect as of the 5th day.
of November, 1968, and shall continue in full force and effect
until terminated as herein provided.
ction 13. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 11 hereof, thig
reement shall be binding upon and.inure to the benefit of
e parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused
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RESOLUTION 0 3 0/1
WHEREAS, UNION PACIFIC RAILROAD COMPANY and CHICAGO
ROCK ISLAND AND PACIFIC RAILROAD COMPANY have tendered to.
CITY OF SALINA, State of Kansas, an agreement covering the
construction, maintenance and operation of a 60 -inch storm
sewer pipe line under the tracks of Union Pacific and under
the joint track of Union Pacific and Rock•Island at 4th and
Ash Streets, Salina, Kansas; said agreement being identified
as Union Pacific Railroad Company's C.D, No. 429$9-3; and
WHEREAS, the Council of the City of Salina
ias said proposed agreement before it and has given -it carefu:
^eview and consideration; and
WHEREAS, it is considered that the best interests o;
iai d City of Salina, State of Kansas, will b
3ubserved by the acceptance of said agreement;
THEREFORE, BE IT.RESOLVED BY THE COUNCIL OF THE
:ITY OF SALINA, STATE OF KANSAS:
That the terms of the agreement submitted by the
Jnion 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,
=powered 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 attac.
;o each duplicate original of said agreement a certified copy
)f this resolution..
')TATE OF KANSAS )
ss
:OUNTY OF SALINE )
0_.r_r •— , City Clerk of
:he City of Salina. State of Kansas _ hereby certi
Cy 'that the above and foregoing is .a true, full and correct
:opy 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
_&6 _ day of 19.6L,
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 s d City, this
16 day of 19
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C
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RESOLUTION 0 3 0/1
WHEREAS, UNION PACIFIC RAILROAD COMPANY and CHICAGO
ROCK ISLAND AND PACIFIC RAILROAD COMPANY have tendered to.
CITY OF SALINA, State of Kansas, an agreement covering the
construction, maintenance and operation of a 60 -inch storm
sewer pipe line under the tracks of Union Pacific and under
the joint track of Union Pacific and Rock•Island at 4th and
Ash Streets, Salina, Kansas; said agreement being identified
as Union Pacific Railroad Company's C.D, No. 429$9-3; and
WHEREAS, the Council of the City of Salina
ias said proposed agreement before it and has given -it carefu:
^eview and consideration; and
WHEREAS, it is considered that the best interests o;
iai d City of Salina, State of Kansas, will b
3ubserved by the acceptance of said agreement;
THEREFORE, BE IT.RESOLVED BY THE COUNCIL OF THE
:ITY OF SALINA, STATE OF KANSAS:
That the terms of the agreement submitted by the
Jnion 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,
=powered 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 attac.
;o each duplicate original of said agreement a certified copy
)f this resolution..
')TATE OF KANSAS )
ss
:OUNTY OF SALINE )
0_.r_r •— , City Clerk of
:he City of Salina. State of Kansas _ hereby certi
Cy 'that the above and foregoing is .a true, full and correct
:opy 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
_&6 _ day of 19.6L,
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 s d City, this
16 day of 19
4 fix'
FIFTH S1,
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Exhibit "All
'IC LTIOAD CO)ANY N5
UNIO717 PACIFIC I AIT
(1,,Tcp7L,,RSON BTRATTC11
7, T Y' Kli
SATj! , SALI7E, CO" AS
To accompany agreemeE
TTT ('TTY OF BALI TA. Kh'TTISAS covering
ch storm sewer in Ash St.
S cp, le s 111 = 1001
Office of Division Engineer
lansas City Ka n -S a s
October 2(-'), 196
:* L E G E N D *
S t -- rn s ew e r s I-cwn. . . . oy�'T
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Exhibit "All
'IC LTIOAD CO)ANY N5
UNIO717 PACIFIC I AIT
(1,,Tcp7L,,RSON BTRATTC11
7, T Y' Kli
SATj! , SALI7E, CO" AS
To accompany agreemeE
TTT ('TTY OF BALI TA. Kh'TTISAS covering
ch storm sewer in Ash St.
S cp, le s 111 = 1001
Office of Division Engineer
lansas City Ka n -S a s
October 2(-'), 196
:* L E G E N D *
S t -- rn s ew e r s I-cwn. . . . oy�'T
--jljLCJW