Fourth Street Private Storm Sewer Line AgreementREKECCA SEEMAN
RESISTER OF DEEDS G
SALINE COUNTY KANSAS N
Book: 1122 Page: 1926
Receipt #: 31784 Total Fees: 328.00
Pao_es Recorded: 6
LICENSE AGREEMENT Date Recorded: 1-122/2006 3:20:45 PM
This License Agreement is entered into this 23 day o ��, V, 2006, by and between the
CITY OF SALINA, KANSAS the "Cit and UNION PACK 'RAILROAD COMPANY, ( �) NY, a
Delaware corporation ("Licensee").
Recitals
A. Licensee owns the real estate legally described on the attached and incorporated
Exhibit A.
B. Licensee desires to install a private storm sewer line extending from a point on the
Real Estate and traversing a portion of the North Fourth Street public -right-of-way as it runs from
the Real Estate to connect with the public storm sewer system as depicted on the attached and
incorporated Exhibit B (the "Improvements").
C. Construction of the Improvements can best be accomplished through utilization of a
portion of the abutting, unimproved Fourth Street right-of-way (the "Affected Right-of-way") by
Licensee.
D. The City's Engineering Department has concluded that, under the circumstances,
allowing Licensee to install and maintain the Improvements in the Affected Right-of-way will not
interfere with the current and reasonably anticipated future public use of the Affected Right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to Licensee for the installation and
maintenance of the Improvements in the Affected Right-of-way (the "License").
2. Term of License. The License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
A. Discontinuation of use of the Improvements as installed and
maintained at the location depicted on Exhibit B; or
B. Notification of Licensee by the City that the public interest is best
served by the use of the Affected Right-of-way in a manner in conflict with the
License, and that the License shall terminate no less than 180 days following such
notice.
3. Responsibilities Upon Notification of Termination. If notice of termination of the
License is given pursuant to paragraph 2.B, Licensee must remove or lawfully relocate that portion
of the Improvements that extends into the Affected Right-of-way no later than the designated
license termination date. If Licensee fails to remove or lawfully relocate that portion of the
Improvements that extends into the Affected Right-of-way prior to the License termination date, the
City may cause the necessary removal work to be performed and charge the cost of the work against
Licensee and/or assess the costs as a special assessment against the Real Estate.
Book: 1122 Page: 1927
4. Indemnification and Hold Harmless. During the term of the License, Licensee
shall hold harmless and indemnify the City, its agents and employees, against all liability, loss,
damage, expense, and judgment, including attorneys' fees so incurred, arising from or relating to
its use of the Affected Right-of-way pursuant to the License by Licensee. In addition, such
indemnity shall extend to any liability imputed to the City resulting from Licensee's failure to
comply with all federal, state, county, and city laws, ordinances, and regulations relating to the
Improvements. Each party shall give immediate notice to the other of all such claims, actions, or
proceedings brought against the party giving such notice. Licensee agrees to defend against all
claims brought or actions filed against the City with respect to Licensee's use of the Affected
Right-of-way pursuant to the License, whether such claims are rightfully or wrongfully brought
or filed. The City agrees that Licensee may employ attorneys of its own selection to appear and
defend the claim or action on behalf of the City, at the sole expense of Licensee. Licensee shall
have control of the defense in any such lawsuit and negotiations relating to its settlement. The
City shall assist Licensee as reasonably requested by Licensee regarding such lawsuit. Licensee
agrees to reimburse the City for all expenses, costs, and attorneys' fees incurred by the City in the
enforcement of any part of Licensee's agreement to indemnify the City.
5. Notices. Any notice to a party shall be sufficient if mailed by United States mail,
postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Union Pacific Railroad Company
1400 Douglas Street
Stop 1080
Omaha, NE 68179
6. Assignment of License. The assignment of any rights under this License Agreement
by Licensee shall be subject to the prior written consent of the City.
7. Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns.
Executed the day and year first above written.
"q"
L&k
Lieu Arm Elsey, CMC, Cityrk
CITY Mt,
NA, KA
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By: l r r
Deborah P. Divine, Mayor
-2-
10 1 Back: 1122 Page: 1928
UNION PACIFIC RAILROAD COMPANY,
Attest: a Delaware corporation
By
Assistant Secretary Title: Dj2- E� v��auM dP�PNS
Richard L. Eades
(Seal)
ACKNOWLEDGMENT
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this j�day of 2006, before me, the
undersigned, a notary public in and for the county and state of resume Deborah P. Divine,
Mayor of the City of Salina, Kansas, and Lieu Ann Elsey, City Clerk, who are personally known
to me to be the same persons who executed as such officers the within instrument of writing on
behalf of the City of Salina, Kansas, and such persons duly acknowledged the execution of the
same to be the act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
PENNY DAY
Notary Public - Stqte of Kansas Notary Pu lc
My Appt, Expires
STATE OF NEBP,6���}
)s.
COUNTY OF 136thAS )
On , 2006, before me, a Notary Publi.c. '� and or said County and State,
personally app red R-t'C Q"-0.,- oC • W, and
, who are the and
Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation,
and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be
the persons whose names are subscribed to in the within instrument, and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
KAY E. RAY
�.
Notary Public - Notary Seal Notary Public
STATE OF MISSOURI
Jackson County
My Ccmmission Expires: Feb. 23, 2006 3_
Book: 1122 Page: 1929
Description of Union Pacific Railroad property between Sante Fe Avenue and Front Street.
"Exhibit A"
A tract of land located in the Northwest Quarter of Section Twelve Township Fourteen
South Range Three West of the Sixth Principal Meridian. Known as Union Pacific
Railroad Property and more particularly described as follows.
Beginning at the point where the Southerly 50 foot Railroad right-of-way of the Union
Pacific Railroad which is 50.00 feet southerly, at right angles, from the centerline of the
main track of said Railroad as constructed intersects the West right-of-way of Front
Street, said point being approximately 1051.42 feet North and 40.00 feet West of the
Center of said Section Twelve; thence Southwesterly along said 50 foot Railroad right-of-
way and North line of Lots One and Two of Block Twelve Northeast Industrial Park a
distance of 708.42 feet to a point on the West line of Third Street as originally platted in
Jones Addition; thence Southerly along said West line a distance of 45.59 feet to the
Northeast corner of Lot 49 on Third Street in Jones Addition; thence Westerly along the
North line of said Lot 49 a distance of 116.33 feet to a point where said 50 foot Railroad
right-of-way intersects said North line of said Lot 49; thence Southwesterly along said 50
foot Railroad right-of-way a distance of 19.5 feet to a point where said 50 foot Railroad
right-of-way intersects the West line of a 10 foot North and South easement originally
platted as an alley adjacent to lots 30 to 50 on Fourth Street in Jones Addition; thence
Southwesterly along said 50 foot Railroad right-of-way to a point where said 50 foot
Railroad right-of-way intersects the West line of Block 10 Calkins Addition, also the East
line of Sante Fe Avenue; thence Northerly along said West line to the Northwest corner
of said Block 10; thence Easterly along the North line of said Block 10, also the South
line of Lincoln Avenue to a point approximately 101.5 feet East of said Northwest
corner, said point being the intersection of the Southerly line of a 30 foot street as
described in Book 44, Page 277 in the Saline County Register of Deeds and the North
line of said Block 10; thence Northeasterly along said Southerly line of a 30 foot street
approximately 268.4 feet to a point where said Southerly line intersects the West line of
Lot 52 on Fifth Street in Jones Addition; thence Northerly along the East line of Fifth
Street to the Northwest corner of Lot 60 on Fifth Street in Jones Addition; thence
Easterly along the North line of said Lot 60 approximately 105 feet to the West line of a
50 foot Railroad right-of-way as described in Book 10, Page 115 in the Saline County
Register of Deeds; thence Northeasterly along Said right-of-way to the East line of a 10
foot alley at the Southwest corner of Lot 71 on Fourth Street in Jones Addition; thence
Northerly along the East line of said 10 foot alley a distance of 350 feet, more or less, to
the Northwest corner of Lot 97 on Fourth Street in Jones Addition; thence Easterly along
the North line of said Lot 97 a distance of 110 feet, more or less, to the West line of
Fourth Street; thence Southerly along said West line a distance of 175 feet, more or less,
to the Southeast corner of Lot 85 on Fourth Street; thence Easterly a distance of 80 feet to
the Southwest corner of Lot 86 on Fourth Street in Jones Addition; Thence continuing
Easterly along the South line of said Lot 86 a distance of 130 feet, more or less, to the
Southwest corner of Lot 85 on Third Street in Jones Addition; thence Northerly a
distance of 25 feet, more or less, along the West line of said Lot 85 to the Southwest
corner of Lot 87 on Third Street in Jones Addition; thence Easterly along the South line
of said Lot 87 and extension thereof a distance of 200 feet, more or less, to the East line
of Third Street; thence Northerly along said East line to a point 135 feet South of the
point of intersection of said East line of Third Street with the South line of Forest
Book: 1122
Page% 1930
Description of Union Pacific Railroad property between Sante Fe Avenue and Front Street.
"Exhibit A"
Avenue; thence Easterly along a line 135 feet South of and Parallel with Forest Street a
distance of 580 feet, more or less, to the West line of Front Street; thence Southerly along
said West line to the Point of Beginning.
Book: 1122 Page: 1931
Exhibit B
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