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PIPE LINE CROSSING PALMETTO STREET (2) .' , , ., Pipe Line Crossing Form 1863 12-47 Sheet 1. THIS AGREEMENT, Made this J {f! day of cD era b L'" ,lh'l , between SEABOARD AIR LINE RAILROAD COMPANY, a corporation of Virgima, hereilli'ft~r designated "Railroad"; and 01\7 of Cl..rwa\er, &'Iu1e1pa1 OOl"pOra~ vE tke ..~- ~L "~~ - 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 Oae Dolla. ($ 1.00 ), and the faithful performance by Licensee of its undertakings herein contained, grants Licensee, upon the conditions hereinafter set out, the right to lay, maintain and operate under the tracks andpropery of Railroad the following described line or lines of pipe here- inafter referred to as "line of pipe": A l1ae of 4 1MIa eut iNa ... pi,. wlUda a , 111* ealftft, Oft.... ...... tM UaQ ... pnper\7 ot tile Ita11Na4 111 01......\v, fterWa, at, a pda\ 90 I., _... or le.., -~ tna m. '"' ..", ., tIl. looat.1ea ... 111 .. .. _PI' of Lle__'. clft1dJIa Ie. JUO-I, ..,.. M.:, 10, 1951, a'\&o...... ".ra. .. a JA" .......t. 2. Railroad grants Licensee a subsurface license only hereunder subject to any rights heretofore granted to others. ltlnlh)'ltct reserves the right at any time to make such use of its property as it may desire, and should any such use make it necessary to disturb said line of pipe, Licensee will, at its cost, upon notice in writing so to do, relocate or pro- tect said line of pipe so same shall not interfereWij;h Railroad's said use of its property...:Railroad may, at its option, relocate or protect said line of pipe at expense of Licensee who will reimburse Railroad upon receipt' of bill. 3. The Chief Engineer of Railroad shall have the right to supervise, approve, accept or reject the installation, maintenance, repair, renewal or removal of said line of pipe, its quality, location and depth (not less than three feet) below the bottom of the tracks and below the surface of the property of Railroad, and over all matters and things in connection therewith. 4. Licensee will, at its sole expense, protect or make repairs to the tracks and other property of Railroad necessi- tated by the installation, maintenance, operation, use or removal of said line of pipe. 5. The passage of engines or trains will not be hindered or delayed, nor shall drainage of Railroad's property be interfered with by the installation, operation, use, mamtenance or removal of said line of pipe. cErC03 -CO(~) / '. I I .. Pipe Line Cros8i~g Form 1363 12-47 Sheet 2. 6. Railroad does not warrant title to any property whatever, and shall be under no obligation to acquire addition. al right of way for said line of pipe. 7. 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, its appurtenances, or any part thereof. Licensee will, at all times, indemnify Railroad against loss, cost or expense wb1chRatl'ftla,Q~ sustain as aforesaid. 8. Either party may terminate thj.s agreement by a SiX agreement may be terminated by Railroad without notice if Licensee abandons u 0 ' Licensee removes from the location or plant which the said line of pipe serves. Upon abandonment of opera . on of S pipe, Licensee will, if Railroad so desires, remove it and its appurtenances from Railroad's property, and will restore the tracks and property of Railroad to as good condition as when previously found, or Railroad may remove said line of pipe and restore its property at expeIlJ>e of Licensee which will reimburse Railroad upon receipt Of bill. ,. TH 111tC\1a of laid. , 1Mlt talYel'\ \0 1M aft led UIaa \It. v:l4tIl et .... reaclMl ....rtUa \be t.1Uk ... ..... ~ .... .... ~'i"" u.. U .... .. ntl .. UII'M '1M. \al. clep\la tra .... of 1d1\o tM M\'- of laid alnr\. ft. 1.1..... hnb... acne' that all -t.er1al. _t.r1q law Rid pipe l1u and the 1~.'alla'loD thel"tlOt vUl ... ....,.. ... Va. ......,aJ.. .. .......... .: \U. JaUread'. D1Yla1ea ~.... 1aaY1Da ~I'i.u.ftlo. ...... tiM '....s....17 ill 111I1.. ... 'pi,. U. b Sa...a1W. 10. Dt.e Lie.... lUll 11.. .. 1aUaa4" 11.... ....,.... at. 'laapa, fta.. S cIqI' ...... _tl,. of _. cIa'- ., *- iuWla\i.. ot \It. liae ., pi,.. IN TESTIMONY WHEREOF, the parties. hereto have caused this agreement to be duly executed, the day and year first above written. SEABOARD AIR LINE RAILROAD COMPANY, ~ By Witnesses: ...... ....... ......... ........ ......i. ..... ................................ ................................. Witnesses: GIft or ~.A!II .............~~:~;;j..;;e..~.......m....m (SEAL) ..~.......L~~;~~~~EAL) ................. ....................................................................... (SEAL) ".th". /. ~. .~..... SEE PLANS IN FILE