C.D. # 42989-4 Chicago 12 inch Water Pipeline Crossing AgreementG&O
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"B"
7-20-b0
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The foregoing grant is subject and subordinate to
the prior and continuing right and obligation of the Railroad
Com any to use and maintain its entire railroad right of way
p
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 wire lines, pipe lines and other fa-
cilities Iupon, along or across any or all parts of said right
of way all or any of which maybe freely done at any time or
times by the Railroad Company without liability.to the Licen-
see or to any other party for compensation or damages.
The foregong grant is also subject to all outstand,
ing superior rights including those in favor of telegra h an4
telephone companies, lessees of said right of way and o hers
and the right of the Railroad Company to renew and extend the
same, and is made without covenant of title or for quiet en-.
joyment.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
The Pipe Line shall be constructed, operated main-
tained repaired, renewed and/or reconstructed by the License
in strict conformity with Union. Pacific Railroad Co. Common.
Standard Specification 1029 adopted November 1949, and all
amendments thereof and supplements thereto, which are hereby,
by reference, made a part hereof . A eopp of said Spec if ica-
tion 1029 is on file in the office. of tY�e Chief Engineer of
the Railroad Company and a copy thereof has heretofore been
furnished to the Licensee.
In the event said'specification conflicts in any
etail with the requirements of any federal, state or munici-
al law or regulation, such requirements shall govern on all
oints of conflict, but in all other respects said specifica-
ion shall apply.
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.
All work performed on said right of way in connec-
Ition with the construction, maintenance, repair, renewal or
Reconstruction of the Pipe Line shall be done under the
upervision and to the satisfaction of the Railroad Company.
Prior to the commencement of any work in connection
ith the construction, maintenance repair, renewal or recon-
truction of the Pipe Line where it passes underneath the
oadbed and track or tracks of the Railroad Company, the Li-
ensee shall submit to the Railroad Company plans setting out
he method and manner of handling the work and shall not pro-
geed with the work until such.plans shall have been approved
y the Chief Engineer of the Railroad Company and then only
on'der the supervision of said Chief Engineer or his author -
zed representative. The Railroad Company shall have the
fight, if it so elects, to provide such support as it may
m necessary for the safety of its said track or tracks dur-
ng the time of construction, maintenance repair, renewal or
leconstruction of the Pipe Line and in maintenance,
event the Railroac
omppany provides such support tie Licensee shall pa to the
ailroad Company, within fifteen days after bills shall have.
een rendered therefor all expense incurred by the Railroad
Company in connection therewith, which said expense shall in -
elude all assignable costs plus ten per cent (10%) to cover
elements of expense not capable of exact ascertainment..
2
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 upon said right of way in connection with the con-
struction, maintenance, repair,.renewal, or.recons truction
,of the Pipe Line.
'Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and ex-
pense incurred in connection with the construction, main-
tenance, repair and renewal and any and all modification,
revision, relocation, removal or reconstruction of the Pipe
,Line, including any and all .expense which may be incurred
by the Railroad Company in connection therewith for super
vision or inspection, or otherwise.
Section 5. 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,
sand the Licensee shall, at.the-sole expense of the Licensee,
move all or any portion of the Pipe Line to such new loca-
tion 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 desig-
Inate, whenever, in the furtherance of such needs and re-
quirements, the Railroad Company shall find such action
(necessary or desirable.
�. All the terms, conditions and stipulations herein
expressed .with reference to the Pipe Line on saidright of
sway 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 b. PIPE LINE NOT TO INTERFERE WITH OPERATION OF
RAILROAD.
The Pipe Line shall be constructed and, at all
times, maintained,. repaired, renewed and operated in such
manner as to cause no interference whatsoever with the con-
stant, continuous and uninterrupted use of the tracks,
property and premises of the Railroad Company, and nothing
shall be done or suffered to be done by the Licensee at any
time that would in any manner impair the safety thereof.
Section 7. CLAIMS AND LIENS FOR LABOR AND MATERIAL -TAXES.
The Licensee shall fully pay for all materials
joined or affixed to and labor performed, upon said right of
way in connection with the construction, maintenance, repair,
renewal or reconstruction of the Pipe Line, and shall not
permit or suffer any mechanic's or materialman's lien of any
kind or nature to be enforced against said right of way for
any work done or materials furnished thereon at'the instance
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or request or on behalf of the Licensee; and the Licensee
shall indemnify and hold harmless the Railroad Company against
and from any and all liens, claims, demands, costs and ex-
penses of whatsoever nature in any way connected with or
growing out of such work done, labor performed, or materials
furnished.
The Licensee shall promptly pay or discharge all
taxes, rates, charges and assessments levied upon, in respect
to, or on account of the Pipe Line, so as to prevent the same
becoming a charge or lien upon said right of way, or any i
other property of the Railroad Company, and so that the taxes
charges and -assessments levied upon or in respect to said
right of way and other property of the Railroad Company shall
not be increased because of the location, construction or
maintenance of the Pipe Line or any improvement, appliance or
fixture connected therewith placed upon said right of way, or
on account of the Licensee's interest therein. Where such
tax, charge or assessment may not be separately made or as-
sessed to the Licensee but shall be included in the assess-
ment of the right of way or other property of the Railroad
Company, then the Licensee shall pay to.the Railroad Company
an equitable proportion of such taxes determined by the value
of the Licensee's property upon said right of way as compared
with the entire value of said right of way. j
Section 8, 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
of the other property of the Railroad Company in connection
with the construction, maintenance, repair, renewal or recon-'
struction of the Pipe Line, then and in that event the Licen-
see shall, as soon as possible and at its sole expense, re-
store such fence and/or such other property to the same con-
dition 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 against and
from any and all liability, loss, damages, claims, demands,
costs and expenses of whatsoever nature, including court coat!
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 taking down of
any fence or the moving or disturbance of any of the other
property of the Railroad Company.
Section 9. LIABILITY.
The Licensee shall indemnify and hold harmless the
Railroad Company against and from any and all liability, loss
damage, olaims, 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-
oluding damage to the roadbed, tracks, equipment or other
01
property of the Railroad Company or property in its care or
custody), whether such injury, death, loss, destruction or
damage grows.out of or arises from the bursting of or leaks
in the Pipe Line or the explosion or ignition of gas or oil
carried therein or escaping therefrom, or in any other way
whatsoever is due to, or arises because of, the existence of
the Pipe Line or the operation, construction, maintenance,
repair, renewal, modification, reconstruction, revision, re-
location or removal of the Pipe Line or any part thereof, or
to the-oontents therein or therefrom. And the Licensee does
hereby release the Railroad Company from all liability for,
damages on account of injury to the Pipe Line from any cause
whatsoever.
Section 10. 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 continu
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 mai
Ing to the last known address of the Licensee.
Section 11, REMOVAL OF PIPE LINE UPON TERMINATION OF
AGREEMENT.
Within ninety days after the termination of this
agreement howsoever, the Licensee shall, at its sole expense,
remove the Pipe Line from those portions of said right of way
not occupied by the roadbed and track or tracks of the Rail-
road Company and shall restore, to the satisfaction of the
Railroad Company, said portions of said right of way 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. The Railroad Company may, at
Its option, upon such termination, at the expense of the Lice
see, remove the portions of the Pipe Line located underneath
said roadbed and track or tracks and restore said roadbed to
good condition as It was in at the time of the construction o:
the Pipe Line, or it may permit the Licensee to do such work
of removal and restoration under the supervision of the Rail-
road Company. 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 damages, or otherwise, that the Railroad Company
may have against the Licensee.
Section 12, WAIVER OF BREACH.
The waiver by the Railroad Company of the breach
of any condition, covenant or agreement herein contained to
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The 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 13. AGREEMENT NOT TO BE ASSIGNED.
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, and it is agreed tha
any transfer or assignment or attempted transfer or assignmen , . ,, .,
of this agreement or any of the rights herein granted, whethe
voluntary, by operation of law, or otherwise, without such
;consent in writing, shall be absolutely void and, at the op-
tion of the Railroad Company, shall terminate this agreement.
Section 14. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
day of _ 19 6810
an
shall continue in f'uull force and a ec un term nated
as herein provided.
Section 15, SUCCESSORS AND ASSIGNS,
Subject to the provisions of Section 13 hereof,
this agreement shall be binding upon and inure to the benefit
of the 'parties hereto, their heirs, executors, administra-
tors.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.
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10,
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RESOLUTION /Ye 3 023
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WHEREAS, the Council of the City of
has said proposed agreement before it and has given it carefu .
review :and consideration; and
WHEREAS, .it is considered that the best interests 'o
said City of will b
subserved by the acceptance of said agreement;
THEREFORE, BE IT RESOLVED BY THE COUNCIL:OF THE.
CITY OF 4A
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 attach
to. -each duplicate original of said agreement a certified copy,
of this resolution.
STATE OF. )
ss
COUNTY OF ".....
City Clerk of
the,. City of , hereby certi
fy that the a ove' cregoing s`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 , on the
3-t day of, 19,,
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
�...,..
Id day of _ __.__.�_._.�.._., 19.x..•
l
GfiLwac.-
(Seal) City Clerk o t e City o
Salta.: St4to Of WA040*
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hr Exhibit "An
UNION PACIFIC RAILROAD COMPANY'
t ;y i SALINA SALII'dE COUNTY KANSAS
r To accompany agreement with
TIE C ITY OF SALINA covering 12-inch
water line crossing at Chicago St.
Scale: 1" = 100'
` s Office of Division Engineer
Kansas City, Kansas
December 16,, 1968
Jj L E G E-N D
Water' line crossing shown ... YELLOW
RR R/W outlined................RED