PIPE LINE CROSSING (5)
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PIpe Lin'e Crossing
" Form 1363 10-52
, ' Sheet 1.
",.'".
THIS AGREEMENT, Made this
23rd
day of
Augus t
, 19 54, between SEABOARD AIR LINE
RAILROAD COMPANY, hereinafter designated "Railroad", and
Ct\7 ., ca..u.w" &.-!C1pal
GOI'pDft..... of \1M .\8 tit rJulda,
hereinafter designated "Licensee"; (All terms used herein shall be construed as embracing such number and gender as the character
of the party or parties requires).
WITNESSETH:
1. Railroad, in consideration of 0.. Dollara($ 1.00 ), and the faithful performance by
Licensee of his undertakings herein contained, grantsLlcensee, subject to the terms ana-conditions hereinafter set out, the right and
license to lay, maintain and operate under the tracks and property of Railroad the following described line or lines of pipe, herein-
after referred to as "line of pipe":
Alheot12 1DCh cut. Jan vater pipe witId.D a 2l 1DcA COIftpt,ed .talca\daa
pipe ............ -- .......... Pf.tt1.rt,J' of tile Ia:llIudd ..,-.... ~ 111
~. rJulda, at. a 'pd.d. ., hR" ... .. t.a, ~ tna me
... t73, at. t.taelAatlu.a .11.._. .... of IM_nl'. ctr-4.. cIaMd Ia17 U, 1'54~
...... .. a JIIU1t Ilu.t.
2. Railroad grants Licensee a subsurface license only hereunder subject to any rights heretofore granted to others. Railroad
reserves the right a.t any time to make such use of its property as it may desire or to grant the use thereof to others, and should
any such use make it necessary to disturb said line of pipe, Licensee will, at his cost, upon notice in writing so to do, relocate or
provide for the protection of the said line of pipe,
3. The installation of the said line of pipe, its quality, its location and its depth on and under the property of Railroad shall
be subject to the approval of the Chief Engineer of Railroad who mal accept or reject the same and his judgment shall be fina.l in
respect to all ma.tters and things in connection therewith. Where saId line of pipe passes under any track or tracks it shall be lo-
cated at a depth of not less th~n three feet, six inches, below the top of ,the track roadbed,
All work done by the Licensee witWn the limits of the right of way of Railroad shall be performed in accordance with such in-
structions as the Chief Engineer of Railroad, or his authorized representative, shall consider necessary or advisable to safeguard
the Railroad's property or its operations, after at least five days' notice in writing to the Division Engineer of Railroad.
4. Licensee will, at his sole expensel provide for the protection of and make any and all repairs to the tracks and other property
of Railroad necessitated by the installatIOn, maintenance.. operation, use or removal of said line of pipe, and will reimburse Railroad
for any expense which it may incur as a result thereof, mcluding any expense which Railroad may incur in the supervision of any
such work which may be performed by the Licensee,
5. The passage of engines or trains shall not be hindered or delayed nor shall the drainage of Railroad's property be interfered
with by the lllstallation, operation, use, maintenance or removal of said line of pipe, and Licensee will immediately remedy any such
condition thus created. '
~-m-a:(5)
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I
"iPe Line Crossing
r~ Form 1363 10-52
.- Sheet 2.
6. Licensee will maintain and repair said line of pipe to the satisfaction of the Chief Engineer of Railroad. Should the operation
or inadequate maintenance of said line of pipe at any time jeopardize the operations of Railroad in any way, this agreement may
be immediately terminated, and Railroad reserves the right to take such action as may be necessary to eliminate the hazard and
Licensee agrees to pay the cost thereof promptly upon receipt of bill therefor.
7. Railroad may, at its option, take over and perform any work or obligation to be performed bJi' Licensee hereunder and Licensee
agrees to reimburse Railroad for the cost thereof promptly upon receipt of bill therefor.
8. Railroad does not warrant title to, or the quiet enjoyment of, any proJilerty whatever, and shall be under no obligation to
lJ,cquire additional right of way for said line of pipe. Use of the property of RaIlroad, however long continued, shall not create any
estate or easement in Licensee or any rights other than the right and license herein granted,
9. Licensee hereby assumes risk of loss! injury or damage to the person and the property of Licensee and all other persons and
property, growing in any manner out of the Installation, presence, operation, maintenance or removal of said line of pipe, it.. appur-
tenances,or any part thereof. Licensee will, at all times, indemnify Railroad, and the lessors or lessees of Railroad, against loss,
cost or expense which Railroad, and the lessors or lessees of Railroad, may sustain as aforesaid.
10. This agreement shall stand terminated upon the expiration of sixty days after written notice is given by either party to the
other of the intention to terminate the same; provided, however, this agreement may be terminated by Railroad without notice if
Licensee abandons the use of said line of pipe or if Licensee removes from the location or plant which the said line of pipe serves.
Upon abandonment of operation of said line of pipe, Licensee will, if Railroad so desiresz remove it and its appurtenances from Rail-
road's property, and will restore the tracks and property of Railroad to as good condItion as when previously found, or Railroad
may, at its option, retain said line of pipe, or remove the same at the expense of the Licensee.
11. The right and license herein granted is a personal one, shall not become one coupled with an interest, and shall not be as-
si~ed, or transferred without the written consent of Railroad. However, except as thus limited and subject to the rights of ter-
mmation as hereinabove provided, all of the terms and conditions of this agreement shall inure to the benefit of and be binding upon
the respective legal representatives, heirs, successors and assigns of the parties hereto.
12. !1M l-atJa of ..w. 2l 111M......... Mk1 ....... pipe U -. .. -' 1...
u... 't)ae wJAIa ot tile...... -.,pItUIta t.1le tneb ......1fId.... .. aaltl pipe Uae
1a t.o -... pJ.u ___ u.. tu ..... ,.. ... ot rail '- ,....... ,~ 8&i4
2.1. :lalla pi,..
1!J. UaJ...a 81,_.*-4-'" .. ..Sa t.Ile ----.. IaeN1a pNriMlI.. 'Urla ...un IUL'
abaU ~~...allft_ -181- BaUreIlll 8IIa11 ...~-. M .....-. \Iae raUNWI
.. 'et !8IIJ1I&. Qa1t CeaA JIa.t.1:MM II~ lIT'- at. ~. rJarJda, ... Ida&U.
,..,~.... GT...U_ ., lUll .,....u. ~ JIa.t.1:MM.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be duly executed, the day and year first above
written.
By
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