C.D. # 42989-6 Crawford Water Pipeline Crossing AgreementDUPLICATE ORIGINAL
Liearsee's Co,,:a ,part
Underground -Water
Line Crossing at
Salina, Kansas. C. D. No. 42989-6
THIS AGREEMENT, made and entered into as of the
10th day of, April 1978,
by and between UNION PACIFIC RAILROAD COMPANY, a corporation
of the State of Utah (hereinafter the Licensor), and CITY
OF SALINA, a municipal corporation of the State of Kansas
(hereinafter the Licensee), WITNESSETH:
NOW THEREFORE, it is mutually agreed by and between
the parties hereto as follows:
1. In consideration of the covenants and agreements
herein contained to be by the Licensee kept, observed and
performed, the Licensor hereby gives its consent to the Li-
censee, subject to the terms and conditions herein stated,
to construct and thereafter, during the term hereof, to maintain
and operate the underground water pipe line (hereinafter the
Pipe Line) under the track of the Licensor in the location
shown by yellow line, and in conformity with the dimensions
and specifications indicated, on the print dated March 14,
19781, marked Exhibit A, hereto attached.
2. The consent herein given is subject to each and,
all of the terms, provisions, conditions, limitations and
covenants set forth herein and in Exhibit B hereto attached
and by this reference incorporated herein.
3. This Agreement shall take effect as of the date
first herein written and shall continue in full force and effect
until terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed in duplicate as of the date first
herein written.
Witness:
fi
,Ate
(Seal)
City Clerk
UNION PACIFIC RAILROAD COMPANY,
By '4
General Manager
CITY
im
Mayor
D EXHIBIT B
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION._
The Pipe Line shall be constructed, operated, maintained, repaired, renewed, modified
and/or reconstructed by the Licensee in strict conformity with [Inion Pacific Railroad Co.
Common Standard Specification 1029 adopted November 1949, as subsequently amended, except
as may be modified and approved by the Licensor's Chief Engineer. In the event such Speci-
fication conflicts in any respect with the requirements of any federal, state. or municipal.
law or regulation, such requirements shall govern on all points of conflict, but in all other
respects the Specification shall apply.
All work performed in connection with the construction, maintenance, repair, re-
newal, modification or reconstruction of the Pipe Line shall be done to the satisfaction of
the Licensor.
Prior to the commencement of any work in connection with the construction, main-
tenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe
Line where it passes underneath the roadbed and track or tracks of the Licensor, the. Licensee
shall submit to the Licensor pians setting out the method and manner of handling the work,
including the shoring and cribbing, if any, required to protect the Licensor's operations,
and shall not proceed with theworkuntil such plans have been approved by the chief Engineer
of the Licensor. The Licensor shall have the right, if it so elects,.to provide such support
as it may deem necessary for the safety of its track or tracks during the time of construc-
tion, maintenance, repair, renewal,modification, relocation, reconstruction or removal of
the Pipe Line, and, in.the event the Licensor provides such support, the Licensee shall pay
to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all
expense incurred by the Licensor,ih connection therewith, which expense shall include all
assignable costs plus ten percent (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.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
The Licensee shall notify the Licensor at least forty-eight (48) 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. All such work
shall be prosecuted diligently to completion.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear the entire cost and expense incurred in connection with
the construction, maintenance, 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 Licensor in connection therewith for supervision or inspection, or.
otherwise.
Section 5. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipe Line ana 911 parts thereof shall be constructed and, at all times, main-
tained, repaired, renewed and operated in such manner as to cause no interference whatsoever
with the constant, continuous anduninterrupted use of the tracks, and facilities of the
Licensor, 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 6. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
The Licensee shall fully pay for all materials and labor performed in connection
with the construction, maintenance, repair, renewal, modification or reconstruction of the
Pipe Line, and shall not permit or suffer any mechanic's or materi.alman's lien of any kind
or nature to be enforced against the Licensor's property for any work done or materials fur-
nished at the instance or request or on behalf of the Licensee. The Licensee shall indemnify
and hold harmless the Licensor against and from any and all liens, claims, demands, costs
.and expenses of whatsoever nature in any way connected with or growing out of such work done,
labor performed, or materials furnished.
Section 7. LIABILITY.
The Licensee shall indemnify and hold harmless the Licensor and other companies
which use the property of the Licensor, their officers, agents and employes, 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 against and from damage to or loss or destruction of property what-
soever (including damage to the roadbed, tracks, equipment or other property of the Licensor
and such other companies or property in their care or custody), when such injury, death, loss,
destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line,
PL
X
Consent
CM&0
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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, reconstruc-
tion, relocation or removal of the Pipe Line -or any part thereof, or to the contents therein
or therefrom (except when caused directly and solely by the negligence of the Licensor and
such other companies, their officers, agents or employes). The Licensee does hereby release
the Licensor and such other companies, their officers, agents and employes, from all 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 P pe Line for one (1) year, or if the Licensee
continues in default in the performance of any covenant or agreement herein contained for
a period of thirty (30) days after written notice from the Licensor to the Licensee specifying
such default, the Licensor 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. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement
herein contained to be. kept, observed and performed by the Licensee shall in no way impair
the right of the Licensor to avail itself of any subsequent breach thereof.
Section 10. AGREEMENT NOT TO BE ASSIGNED.
The Licensee shall not assign this Agreement, in whole or in part, or the consent
herein given, without the written consent of the Licensor, and it is agreed that any transfer
or assignment or attempted transfer or assignment of this Agreement or of the consent herein
given, whether voluntary, by operation of law, or otherwise, without such consent in writing,
shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement.
Section -11. SUCCESSORS AND -ASSIGNS.
Subject to the provisions of Section 10 hereof, this Agreement shall be binding
upon and ingre to the benefit of the parties hereto, their heirs, executors, administrators,"
successors and assigns.
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X
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RESOLUTION 3361
WHEREAS, .UNION PACIFIC RAILROAD COMPANY has tendered to
CITY OF SALINA, State of Kansas, an agreement covering the con-
struction, maintenance and.operation of an underground water
pipe line under the track of the Railroad Company near Salina,
Saline County, Kansas; such agreement being identified in the
records. of the Railroad Company as its C.D. No. 42989-6; 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 KA14SAS :
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, em-
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 acgreement and to attach to each dup-
licate original of said agreement a certified copy of this
resolution.
STATE OF KANSAS )
ss
COUNTY OF SALINE )
I, D. L. Harrison City Clerk of the
City of Salina, Kansas hereby certify that the above
and foregoing is a true, full and correct co pX 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 10th day of Apri l
19 78 , 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
dam of Ail 19 78
,, �,.
City Clerk of the City of
Res
_);�; Salina, State of Kansas.
City
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EXHIBIT rrArr
t ~ ��• zi� ` UNION PACIFIC RAILROADCOMPANY
Salina, Saline County, Kansas
= - _ ,.Y . •-- _. _.__. M.P. 2.03 - McPherson Branch
t To accompany agreement with the
City of Salina covering an under-
ground water line crossing.
Or" .," ; Scale 1" 100'
Office of.
Director - Real Estate
IN Omaha, Nebr. Mar. 142 1978.
L E G E N D
U.G. water line xing
CIO co shown . . 0 . . . . YELLOW
U.P.R.R.Co. R/W outlined. RED
UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET OMAHA, NEB. 68102
EDWARD A.DONAHOE
General Contract Counsel
C - 42989-6
March 30, 1978
City of Salina
300 W. Ash Street
Salina, Kansas 67401
Gentlemen:
Subject: Proposed agreement covering construction,
maintenance and operation of an underground
water pipe line under the track of the
Railroad Company at M.P. 2.03, Salina,
Kansas.
Pursuant to your recent request, I have had pre-
pared and attach hereto for execution the counterpart
originals of the above proposed instrument.
PLEASE DATE THE ,AGREEMENT THE DAY IT IS EXECUTED,
BEARING IN MIND THAT THIS DATE BECOMES THE EFFECTIVE DATE.
When executed, the counterpart originals should be returned
to me in the enclosed self-addressed envelope to arrange
for execution on behalf of the Railroad Company, after
which your fully executed counterpart will be returned
to you.
Before commencing the above work, the person to whom
notice is to be given in accordance with the agreement is: .
Mr. W. L. Woodbury
P.O. Box 1283
Salina, Kansas 67401
Phone: (913) 825-4633
Any questions concerning this instrument should
be directed to R. E. Andreasen, who may be reached by
phone on (402) 271-4377, and any question with regard to
rental in connection therewith should be directed to the
office of Director -Real Estate, phone No. (402) 271-3753.
In the event it becomes necessary to replace lost
or misplaced documents, a fee of $10.00 will be charged
for each such document replaced.
Yours very truly,
E. A. DONAW
% UNION PACIFIC RAILROAD COMPANY
1416 DODGE STREET OMAHA, NEB. 68102
EDWARD A.DONAHOE
General Contract Counsel
City of Salina
300 W. Ash Street
Salina, Kansas 67401
Gentlemen:
April 19, 1978.
C-42989-6
Re: Agreement covering construction, maintenance
and operation of an underground water pipe
line under the track of the Railroad Company
at M.T. 2.03, Salina, Kansas.
Attachdd is your fully executed counterpart of the
above instrument. Please retain this instrument for your
file.
Yours very truly,
E. A. Doxahoe