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Fourth & Fifth Street Alley 10 inch Sewer Pipeline Crossing Agreement3q�t E R P for 1S 1 11 VV #�f AGREEMENT, THIS INDENTURE, made this_""_-"l7h"'-""ay of.___.----____ J-6-21-09-500 A. D., 19`0 between UNION PACIFIC RAILROAD COMPANY (hereinafter for convenience called Pacific Company) as party of the first part, and_____ _ , ------- _- __------------------------------------------------------------------------ ---------- -------- ---- rwrw►wr----++- rwwww---f-- .------0---rww __________ ------------------------------------------- �-------------------------------------- _--------------------------------------------------------- _______----._._-_---_-. w_waww_County, State � (hereinafter .for convenience called Licensee) as party of the second part; WITNESSETH: The Pacific Company, for and in consideration of the sum of_ PA __Dollars in hand paid" as rent for the term of this agreement, the receipt whereof is hereby acknowledged; and in further consideration of the covenants and agreements of the said Licensee, herein contained, hath granted and. by -these presents doth grant unto the said Licensee upon the terms and conditions herein after set forth the right to construct, and fora period of_._. tot, --(1-0) - -----......years from the date hereof ---- 00 V.0.8ower Ripe for city draai�ege to maintain and operate a-watefw , the dimensions of which shall not exceed_-- j 10)ixtehes indiameter .rt.arw wr,......,.s.wr.ik�►w�a �r �Y w..rw.i..rrwr�w�.rw.w�w.ww, wwr....-------------w�»0-w ___________________-_-----_-_---_-_-_-___-_-__-______._-----___-_----------------------______-_-----______-___----_--_----_--__--___-__--____._------------------------------- across the right of way and under the railroad tracks of said Pacific Company, to be located as shown on the plat hereto'attachaed and made a part hereof upon a portion of that land in the County of---------------- ------------ --------------- �.w- --------w Bali-ww-lw----- wwwi 7- r'��w��i.Y��-7~www------- -------------- - -------- and State of------------------------.......------------....._._..._...-._ described as follows:. ---- 1-4 --- hP_ A11*_1'_betWe*n F*Wth ;ytdreet and Fifth street] -- raing north and Bouth Oe reed Pine Street and North Street In the - - -- .. -- - --------------------------------------------------------- ------------------------------ - ----------------------------- @.hs. ----------------------------------------------------------------------------------------------- . _____________________________________________________________________________________________________________________________________________________________________________________ i ..�4 .. .. ------------------------- ________________________________________________________________________________________________________________________________ , Such grant is expressly conditioned upon the performance by said Licensee of all and singular the covenants and agreements hereinafter set forth to be by said Licensee kept and performed, each of. said ., ,C covenants and agreements being hereby made a' condftion, and it being also hereby stipulated that a waiver by the Pacific Company of any breach of any of such conditions shall in no way impair the right' of the Pacific Company to avail itself of any subsequent breach thereof. CONDITIONS. FIRST. The Pacific Company, notwithstanding the aforesaid grant;. shall have theri ht o retain sewO p pe the track or tracks now owned and operated by it -at the place: of:construction,of; such -u. - a3; as afore- said, and nothing shall be done or suffered to be done by the Licensee at any time that shall in any man- ner materially impair the usefulness or safety of such -track .or tracks of the Pacific Company, or of -any other tracks that it may hereafter construct. D -IA the event that—the iao fio. mpany - or modifiaations in its treoke or property at this plaoo, whioh will nocaLsitate chanees or modifioations in the said sewer or water gripe line or the entire removal of come from the x:&0ifie vompa 's right of ways the warty of the scooaad part hereby agrees at its Okun expense to rhe suoh raaodifioatioavor removal of ito ecricr or water pipe line, and the, said party of the ecoond parysball have no olaim or damges or r000urse of any kind against thea 'said. ': aoi io CompW on aaoo*t nt of the renoval of said 6o ear or pipe line.,, sewerpipe Txlxn: The character and plan of such 4, which the Licensee may construct under this contract, shall be in accordance with plans and specifications to be satisfactory to and approved by the Chief Eniineer of t�Ie Pacific' Company; and no new construction upon or in connection with- any part ewer plipe of such wat@;wa shall ever be done, except according to plans and specifications submitted to and ap- proved by said Chief Engineer of the Pacific Company. sewer. p FOURTH. In constructing said �pt e Licensee will also, at his own expense construct, accord- ing to plans and specifications approved by the Chief Engineer of the Pacific Company, any abutments, bridges, or other structures necessary or proper for the purpose of carrying the tracks of the Pacific sewer ipe Company across such==3e sewer FIFTH: ' 'The crossing of said t1nder the railroad tracks shall be as nearly as practicable thereto.at right angles ONG- feet,- 4@p%h s * be more than ------ tXQ1T_e --------- feet below base of rail; aiRd wasto *xoirs shall be QQz;rt;4iQted and - at Q shall ba in @.GGQr_daPQ. MUM MMM .. ■ SEVENTH. All the work of construction, maintenance, operation or reconstruction of this ditch and pipe line must be handled by the Licensee in such manner as to cause no interference with the, constant, continuous and uninterrupted use of the tracks and property of the Pacific Company, both as to operation, maintenance, renewals or possible new construction by said Pacific Company. The Pacific Company, however, shall have the right, if it so elects at any time, though it shall be under no obligation whatever, to itself make necessary or proper repairs upon any of such structures, which as aforesaid it is _hereby made the obligation of the Licensee to maintain and keep in repair, and in the event of the Pacific Com- pany at any time making such repairs, the "Licensee shall upon bill being rendered to it, reimburse the Pacific Company for the cost of such repairs. 'The optional right of the Pacific Company to at any time make such repairs shall. in no manner or degree relieve the Licensee from responsibility to the Pacific im Company, or to third persons, for the consequences of its own failure at any time to properly maintain and keep in repair any of the structures which it agrees, as aforesaid, to maintain and repair. EIGHTH. The :Licensee hereby agrees to be liable for and make good at its expense any and ,all damages which may result from injuries to persons or damages to property of whatsoever nature caused by either party, hereto which may be due to the existence, construction, maintenance, operation or .re- newal of said ditch and pipe line. sewer pipe TENTH. Disuse of such -for the purpose for which it is originally constructed, continuing at any time for the .period of one year, shall constitute an abandonment thereof by the Licensee, and `of the grant_ hereby made, and in case of such abandonment, or of any breach of any of the conditions herein continuing for thirty days after written notice thereof served by depositing in any United States Post Office an envelope containing such notice, postage fully prepaid and addressed to said Licensee at his last known post office address, the Pacific Company shall be entitied to declare forfeited the grant hereby made and to re-enter upon and re -take sole and exclusive possession of the premises herein described and affected by the grant; but no such forfeiture or re-entry shall in any manner prejudice or impair any right of action for damages, or otherwise, that the Pacific Company may have against the Licensee. ELEVENTH. The grants, covenants, stipulations and conditions of this contract shall extend to and be binding upon the respective heirs, administrators, successors and assigns of the parties hereto, whether elsewhere herein so expressed or not. IN TESTIMONY WHEREOF, The Pacific Company has caused these presents to be executed by its Vice -President and General Manager, and the Licensee has caused these presents to be executed by the proper persons - ------------------------------------- all on the day and year first above written. UNION PACT im In Presence of _::7-:: ------------------------------------------------------ Vice-President and General -T a -------------- -------------- In Presence of --------------------------- --- --------------------------------- ------------------------------------------------------------------------------------ ---- Tdy-1 Date: t NOn -13Hd