C.D. # 47349-1 Broadway Blvd Water Pipeline Crossing AgreementWater Line Crossing
at Salina _Kansas.
DUPLICATE ORIGINAL
Licensee's Copy
C. D. No. 47349.1
THIS AGR, made and entered into this
day of
ryMx`�Depen UNJ0X �3yZC RA �qp , 1967
tion
of the State of Utah (hereinafter called "lfsilroadoCompany"),
and CITY OF SAUNA, a municipal corporation of the State of
Kansas (hereinafter called "Licensee"), WITNNgS s
RECITALS:
The Licensee desires to construct, maintain
and operate a water pipe line (hereinafter referred
to as "pipe Line") across the right of gray and under
the track of the Railroad Company at a point 2194.5
feet distant (when measured along the center line
of said track) southerly of the north line of
Section 110 Zwnship 14 South, Range 3 West of the
6th P,M„ at Salina, Saline County, Kansas, in the
location shown by dashed yellow lines on the print
hereto attached dated November 6, 1967, and marked
"Exhibit A."
Said Pipe Line shall be of the dimensions and
specifications indicated on said Exhibit A.
the partiI NOW ete T'MORES lowsis mutually agreed by and between
Section 1. RA=OAD CCMPANy GRANTS RIGHT.
In consideration of the sum of Five .Dollars 05.00)
to be paid by the Licensee to the Railroad, Company upon the
execution anddelivery ry of this agreement and in further con-
sideration of the covenants and agreements herein contained to
be by the Licensee kept, observed and performed, the Railroad
Company hereby grants to the Licensee, subject to the terms
and conditions herein stated, the right to construct and there-
after, during the term hereof, to maintain and operate the Pipe
Line across'said right of way and under said track in the loca-
tion shown by dashed yellow lines on Exhibit A.
1
Th fore gr ret is ub�ii��CCt ar�d su rdinat to
the prior an cont nu ix an c ol5ligat ono the Ragltoad
Company to use and m n aiI its entire railroad right of way
in the performance of its public duty as a common carrier
and is also subject to the right and
Company to onstruct maintain repair, power of
change, modify or relocate railroad tracks, telegraph, tele-
phone signal or other wire lines, pipe lines and other fa-
cilities u n, along or across any or all grts of said right
of way allor any of which may be freelyne at any time or
times the Railroad Company without liabity to the Licen-
see or To any other party for compensation or damages.
The forego
ng rant is also sub ect tQ all outstand-
ing superior rights those in f vor of t elegra h an
tele hone companies, lessees of said right of way and others]
and the right of the Railroad Compare to renew anA extend the
same, and is made without covenant o 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 Licensee
in strict cont ity wi hh �nig Paific Railr actCo. Comm n
Standard Specification IO2 apte� November 949, and alt
amendments thereof and supplements thereto which are hereby,
by reference, made a part hereof. A copy of said Specifica-
tion 1029 is on file in the office of the Chief Engineer of
the Railroad Company and a copy thereof has heretofore been
furnished to the Licensee.
In the event said specification conflicts in anp
detail with the requirements of any federal, state or muni i -
pal law or regulation, such requirements shall govern on all
points of conflict, but in all other respects said specifica
tion 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-
tion with the construction, maintenance, repair, renewal or
reconstruction of the Pipe Line shall be done under the
supervision and to the satisfaction of the Railroad Company.
Prior to the commencement of any work in connection
with,the construction, maintenance repair, renewal or recon-
struction of the Pipe Line where R passes underneath the
roadbed and track or tracks of the Railroad Company, the Li-
censee shall submit to the Railroad Company p y plans setting out
the method and manner of handling the work and shall not pro-
ceed 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 his author-
ized representative. The Railroad Company shall have the
right, if it so elects, to provide such support as it may
deem necessary for the safety of its said track or tracks dur-
ing the time of construction maintenance, repair, renewal or
reconstruction of the Pipe Line, and in the event the Railroad
Company provides such support the Licensee shall pay to the
Railroad Company, within fifteen days after bills shall have
been rendered therefor, all expense incurred by the Railroad
Company in connection therewith, which said expense shall in-
clude all assignable costs plus ten per cent (10%) to cover
G&0 elements of expense not capable of exact ascertainment.
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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 reconstruction
of the Pipe Line.
Section 4. LICENSEE M 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,
and 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-
nate, 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 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 6. 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. CLAINiS 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 mechanicis or materialmanfs 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
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.
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 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
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, 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 (in-
cluding damage to the roadbed, tracks, equipment or other
G&O
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proper t 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 contents 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 continues
In default in the performance of any covenant or
herein contained for a period of thirt agreement
it -
.ten notice from the Railroad Company to the,Licenseetspeer cify-
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 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 tows
good condition as they were in at the time of the construction
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 Licen-
see, remove the portions of the Pipe Line located underneath
,said roadbed and track or tracks and restore said roadbed to as
good condition as it was in at the time of the construction of
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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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 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 that
any transfer or assignment or attempted transfer or assignment
of this agreement or any of the rights herein granted, whether
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 r
ag eement.
Section 14. EFFECTIVE DATE - TERM.
This agreement shall take effect as of the
13th day of November
an s continue In -full orce an a ea un terminated
as herein provided,
Section 15. SUCCESSORS AND ASSIGNS.
this
agreement
to the provisions of Section 13 hereof,
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.
Witneses UNION PACIFI RAILROAD COMPANY,
enera pager
fitness t
L
Attests
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0
OITY OF. SALZU,
yor
121Z-QLUTI0!j
."441
MHEMS, the UNION PACIFIC RAIZZOW COMANY has
tendered to the CITY OF SALINA# State of Sansas, an agreement
covering a water pipe line across the right of stay and under
the track of the Railroad Company at Salina, Sansasj said
agrreemest being identified as Railroad Company's C.D, No.
WHEREAS, the Council of tho 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 SAL,M8 STATZ Cp Nva
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 a reement on behalf of
said City and that the City Clerk of said City is hereby
adthorized� and directed to attest said agreement and to attach
to each duplicate original of said agreement a certified copy
of this resolution.
STATE OF ffA MAS
COUNTY OF SAIM ss
I, City Clerk of
the City.of. Salina State of Kansas , hereby certi.
fy that the a ove and foregoini?, is a ruer u and correct
copy of a resolution adopted by the Council of the City of
Salina, State of Sansas at a meeting held
according to law at Salina, Kansas , on the
day of ,�...-'�
as t e same appears on pile and o reco n this o c,e.
and affixedNtheS corporatesealsI have of said City, this my hand
1S�
-day of �t< G-
.
c (Seal). City
Salina, State ofBKansas,
R
�'
14
IM
Exhibit "All
UNION PACIFIC RAILROAD COMPANY
(PLAINVILLE BRANCH)
MoP, 0,31 SALINA9SALINE COUNTY,KANSAS
To accompany agreement with THE CITY OF
SALINA, KANSAS covering 12 -inch water
line crossing,
Scale: 1" = 50�
Office of Division Engineer
Kansas City9 Kansas
November 6a 1967
*LEGEND*
`dater line crossing shown.,.. „ .YELLOW
RRR/W outlined...... ..............RED
i -
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47349-14,.,..�,
o�' vex• c City of Salina
SalinaKansas
Salina, Kansas
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