6D. UPRR ROW Use Agreement
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eIll' OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
12/3/1979
TIME
4:00 P.M.
AGENDA SECTION:
NO. Consent
ORIGINATING DEPARTMENT:
City C1 erk
APPROVED FOR
AGEND. A'.' Ir-- I
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BY:
ITEM
NO.
o
BY: Don Harrison
Renewal of agreement CD 43132-7 for use of Union Pacific Right-of-way on the
P1ainvi11e branch northwest of Salina for drainage ditch and flood control levee.
The original agreement is dated October 20, 1959. This agreement is for 10 years
from October 20, 1979.
Resolution Number 3466 authorizes the Mayor to sign the agreement.
COMMISSION ACTION
MOTION BY
SECOND BY
TO:
DUPLlCXfE C\iG\N,\L
U P R R Counteipatt
Form 221.
RENEWAL RIDER
5-74-5M
C.D.No. 43132-7-0
To be attached to agreement Audit No.-___~_~-I2_?.________..____m_______________hu_______h_.~_~p. No.___~JJ,.J~_-:7..___ ._m_______..
h__________________________"_________h____U_____h_ No._______u__________________u______u_______u____u______ u_. _ .... No...._. _u. _. n_____.. _ .__. .
Between UNICN PACIFIC RAILFOAD CCMPANY (Railroad Company) and CITY OF SALmA (City)
Present Assignee (if any)
Covering drainage ditch and flood control levee on right of way at M.P. 1.13
I
Location near Salina, Kansas
Dated ------~_~__.?_QL1~_?_~_____________Effective Date ---~~---~QL_J.~~~____Expiration (Original) u~_~m+_~_L1~_64
Expiration (by latest extension) October 19, 1979
IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above-named agreement
that said agreement, which by this reference is made a part hereof, is hereby adopted by said parties as their agree_
ment for a term beginning ______Ck:.tobeJ:_2Q_____________________________________, 19_7.!L__, and extending to and includin~
_____Octd:ler__1.9______________ ____h_____________, 19__-89__; and that all the terms and conditions of said agreement, as
heretofore or herein supplemented and/or amended, shall have the same force and effect and be as binding upon the
parties hereto during said term as if the same were repeated herein; said agreement with the supplements and/or
amendments (if any) to be subject to termination prior to the expiration of the term herein named in the same
manner as is provided therein for termination prior to the expiration of the term thereof.
Special Provisions:
Dated____~.__z.L______, 19-7.~L_. Made in duplicate.
Witness:
!mJ..gL~?-' ~ I t'~:h.G... ~ ~~________________
By __________________________________________________________
General Manager
Attest:
CITY OF SALINA
(Seal )
~----------------------------_. --------------------
Mayor
City Clerk
f
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Res
City
RESOLUTION 3466
WHEREAS, UNION PACIFIC RAILROAD COMPANY has tendered to
CITY OF SALINA, State of Kansas, an agreement renewing for a period
of ten years commencing October 20, 1979, contract dated October 20,
1959, covering a drainage ditch and flood control levee on the
right of way of the Railroad Company's Plainville B~anch near
Salina, Kansas; said agreement being identified as Railroad Company's
C.D. No. 43132-7-0; 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 KANSAS:
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 agreement 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, , City Clerk of the
City of Salina, State of Kansas , hereby certify that the above
and foregoing is a true, full and correct copy of a resolution
adopted by the Council of the City of Salina
at a meeting held according to law at Salina, Kansas
on the day of , 19___, as
the same appears on file and of record in this office.
IN TESTH10NY WHEREOF, I have hereunto set my hand and
affixed the corporate seal of said City, this
day of
, 19
(Seal)
City Clerk of the City of
Salina, State of Kansas
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