mprr track agreement 5/17/1982W. F. HILLEBRANDT
GENERAL MANAGER
H. E. HANDLEY, JR.
ASSISTANT GENERAL MANAGER
J. B. MCCORMACK
GENERAL SUPERINTENDENT
MISSOURI PAGIFIG RAILROAD 60.
0400 MARTIN AVENUE
KANSAS CiITY, MISSOURI 64120
TEL AREA CODE BIB 26 2300
May 17, 1982
Mr, Don Hoff
City of Salina Engineering Dept.
300 West Ash Street I
'P: 0. Box 746
Salina, Kansas 67401
Dear Mr. Hoff:
T. L. GIBSON
DISTRICT ENGINEER
J. H. SHERIDAN
MECHANICAL SUPERINTENDENT
W. F. SOMERVELL
ASSISTANT TO GENERAL MANAGER
LAND, LEASES AND CONTRACTS
H. M. DICKSON
ASSISTANT TO GENERAL MANAGER
Tile: G 66 -CK -25
Reference is made to your letter of April 20, 1982.
Attached is a copy of Industrial Track Agreement No.
CA -63134 and a copy of specifications for construction of
industrial trackage.
Yours tr y,
- Form'20011 1•dl
INDUSTRIAL TRACK AGREEMENT
THIS�I= rldIENT, exlecuted m duplicate "' ;j"",19 67. ,WITNESSETH:
_ s r4 -
The unders ed Shl aR
"gn Aper { 7oeu13 §abdi4istoa - y, _ ) :to be addressed at ggj jig, g
o L ". F47 '= a ti.: 3)" i. Ondivwuai mDatinen or co wmtion and state where WMDXVP ted) ... • .
shall'be served
vY� T^"�( - ... �$esCTlbad'-�38IC$B -
certabc ,
and appurtenaaces mcludin qt adway herei ca witch Swltch Is located at or near J y
ner c
:. lora«) (county W )
l ansae • _Ti, .•,approlnrtiately where shown by,";sal1d.,green $ .butt ' line ;=bn the undersigned. Carrier's
_ (state) ,*,�i'r -. ,-,�TYTw4 "•1S-ii a )- w , :;"ns,*�.•aia`Yda�'k'x3riTk�Lii/,iY.'hra�.. .. "-a:.y
y y.
attached pnnt,. p number 'E.eD- �2 ,dated at Kansas -City, Missouri - 14 br g77 pr
t (Waco) (wte) '�tAm th) ld y
1967
+ r
L __ i.s .•
"Switch";also.means except as respects-cost ownership and.maintenance, any addition to'or-extension of Switch. "Con-
nection" means
Uect3ve"3y,'Tracks 3OW; 139-181,44439-97 comr9.sed 3a Sviteh, •'
3ti Switch. O113ii 0011816Y .Oft
(a).:Tracic I'<o.'-ia 1$854 feet long, (h Track No. $, 700 15 veer 3oag,
(b) Track No.'231711 feet;3oa8, (1 Track No-'90 477=feets,lang,
jcj Txack No:• 3a'2's ;9:Yeet 30:+8, (3jjjjjj TraekAo AO 613 teat=3omg,
(a) Track -Nn. It, 3,63$.2 feci 3onsr.<_.. (k), Track 3b.:11;-1tt�89_see ins,
(e) Track No. 5, -1,612 feet laag, ;. {1) Traek:No.339-acs 165 feet 3.ong, and,
(fMTrack �o.,2,$d1.6 fart Song, . (m)' Track No. 139.27, 352. Peet 1oag,
Trach lio.';7,.,8f80 feet lonig$:, 'mire or less.
' d,r meirtfll
a
2. Carrier may use Switch when not unnecessarily to Shipper. Carrier shall maintain Connection
at Carrier's cost:'Shipper, at:Shipper's cost,=shall main-
tain remainder of Switch in good operating condition and provide anything required by law for protection or benefit of owners of
land adjacent to Switch. Shipper, at Shipper's cost, shall adjust Switch to any additional tracks installed by or for Shipper or by
reason of changes desired by Shipper for the benefit or convenience of Shipper. If any adjustment of Switch is made necessary by
public improvement work required by governmental authority Shipper shall beaz the cost of adjusting that section of Switch the
mainterlance of which is assumed by Shipper. Carrier on Shipper's written request may, as agent of Shipper, furnish or do any-
thing required of Shipper hereunder; and Shipper on request shall deposit with Carrier in advance estimated cost thereof. If any
•n-` deposit under this agreement be less than Carrier's cost, Shipper shall pay difference; if more,.Carrier shall -repay difference.
Shipper shall pay Carrier's customary charges for labor, materials, equipment and supplies, and for handling, accounting
-' and supervision.
3. Shipper shall not erect or maintain, or allow to be erected or maintained, any building, structure or fixture, or place or
store, or allow to be placed or stored material, equipment or obstruction of any kind, over or adjacent to Switch at distances less
-, than those prescribed by competent public authority; and in no event shall any such building, structure, fixture, material, equip-
_:-ment or obstruction be erected, maintained, placed or stored at a height less than twenty-five feet above
:.nearer rail, or at a distance less than eight and one-half feet from the center line, of Switch;
provided: (i) the overhead minimum clearance of wires shall be in accordance with specifications of the current National Electri-
cal Safety Code, and in no event less than twenty-seven feet above nearer rail of Switch, (ii) the horizontal minimum clearance
with respect to curved tracks shall be increased oneinch for each degree of curvature, and (iii) loading platform of car floor
height may be constructed with a horizontal clearance which is not prohibited under clearance regulations established by com-
petent public authority and which shall have the approval of Carrier's Chief Engineer. Shipper assumes full responsibility for, and
,µ shall defend, indemnify and save harmless the Carrier from and against, any and all liability, suits, claims, damages, costs (includ-
ing attorneys' fees), losses, outlays, and expenses in any manner caused by, arising out of or connected with the failure or refusal
of Shipper to comply with, observe or perform any of the provisions of this paragraph 3, notwithstandin any possible negli-
gence (whether sole, concurrent or otherwise) on the part of Carrier, its agents or employes. 6 313
ease 1
T
Form 20011 tlfii
-4- it understood that movement of'railroad.locomotivesinvolves some risk of fire and, unless solely caused by the negl-
gence of C�er—which Shipper shall have the burden of proving, Shipper assumes all responsibility- for and agrees to indemnify
Carrier a� .,.t loss or damage to property of Shipper or to property- upon Shippers premises arising from fire caused by locomo-
tives operated by Carrier on Switch, or in its vicinity, for purpose of serving Shipper or Shipper's tenant, if any, except to
premises of Carrier and to rolling stock belonging to Carrier onto others and to shipments in course of transportation. Shipper also
agrees to indemnify and hold harmless C oss, damage or injury from any act or omission of Shipper, Shipper's employes
or agents, to the person or property of thA&Aereto and their employes and to the person or property of any other person or
corporation, while on or about Switch: and, except as otherwise provided in this agreement, if any claim or liability shall arise
from joint or concurring negligence of both parties hereto, iY shall"be borne by them equally.
5. Term hereof shall be concluded by (a) either party serving on the other party 30 days written notice of such being
the intention, (b) Shipper failing for 20 days to cure any default after written notice thereof, or (c) at Carrier's election without
notice by Shipper's non -user of Switch for six consecutive months. Any notice of Carrier shall be deemed served when deposited.
postage prepaid, in U. S. mail addressed to, Shipper as aforesaid- Coimection
shat) _belongxo.Carrier, who may remove same upon conclusion of this agreement.
"Carrier's premises" includes any public highway within Carrier's right-of-way produced. Covenants herein shall inure to or
bind each party's heirs, legal representatives, successors and assigns:, provided:: no; right of Shipper shall be transferred or
assigned, either voluntarily or involuntarily, except by -agreement acceptable.to Carrier._ Carrier ,or. ,Shipper. may waive any
default of the other without affecting or impairing any nght arising from, any subseequeen►t default
6. Shipper'),-oa returain6..thia s eeme�tt sSg i'Ea�spt c#es Q++�.4-"}em�te�e'es�aa' liQ•be: s
aocompenled�-by Sixth, orders. Xeio utlmj--oBayo,;d�Snew,ia;t her. alag.bod .at Shippex— passed.
amd approved as by:1 '', preeeribed,>.8 "�+..+J- -ser dl' vt$sxtd3%7g, the "> :'Gg. of -the ..- -..
person,exeenting.this-,agreementon-:beb&U'Cry`.4hipperslr!' -tinea; VaVior.#axtaidOi.^e- "; q
!. �R hLthe- QYGLIY;- hfft
in.a eondltlon astIsfactor ,'or Carrier U dssrbng the Cera
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H. R.. Moore, _
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