PIPE LINE CROSSING (2)
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Fo4l363 Revised 9-1-~
J, Sheet 1.
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<! X. THIS AGREEMENT, Made this ...-/ day of " 19Yz:l, between
Legh R Powell, Jr., and Henry W. Anderson, as Recei,vers of SEABOARD LINE RAILWAY COMPANY, herein-
after designated "Receivers", of the first part; and .tF of G1 ..u:", a aaJdolpal ...,.n-
tloa ....r ~. ~ ot .. 8_~. III I'lnl4a.
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hereinafter designated "Licensee", of the second part; (The term "Licensee" and all terms used herein with reference
thereto shall be construed as embracing such number and gP-nder as the character of the party or parties requires).
WITNESSETH:
1. For and in consideration of.. Dollars ($ 1.00 ), receipt
of which is hereby acknowledged, and in further consideration of the faithful performance by Licensee of his under-
takings herein contained, Receivers hereby grant Licensee, subject to the terms and conditions hereinafter set out, the
right to lay, and thereafter maintain and operate or use, under and beneath the tracks and property of Receivers, at
the following location, the following described line.of pipe, to-wit:
.... u.. ot 8,lB..." OM' Jaa, . _I' pipa.erG8I1lDC ...., ,.r... "....
aa4 lftPSr1f' of .. ...1,... Sa tile _.,. ., G1eaJlWder. 1'J.t4a, at
.. r~ loaaUoDa I
III J.aJDt .A...... 8Dd ....... ..... ....... ao.... ,.."" ~. ....
a' a point lei. fa... .-re .. le.., hca 1_ n11iGh :pola't .....etd.oa
wDJl .. ..sa Uuk.
1'a....u.. 01' .... --... .. __-... ,. ....lY8J'11. :r.arp .,...
at, . ~ 'd: fed. -- ...~.. .... f4 'tile ...,. U. n1to1l
JOb'" ....... of aiH, __. '
%R "II. _.at. at ....._.. -.J...." 8ft. pl.. ..Il'teft. ...
.. 1_.. '
Ia P1D.ellaa ....,. .. .. ...1....- aJ.. ",,8ft. p:a. a.,lD red,
.....1_. '. ,
. hilt....., a" .. ".1..11 11I1. _..8ft. Pl- ..10.....
... or _... . .
h ~ ..,' ~. .. .. ....1..... me ~, ... pl_ a.na ted,
__ or 1.... '
Ja Jta1afttolta_. " .. ............. -.J.e J'oet ~. .~~ ..t8f r.....,,"U '
-- ,CJJ." '~ ,:"..,""'~~~f"',+"~~.~"_",,,,,:," , ,_c-""~"b,'f;,;;...",:..:,,, , ,
,"4..... '.".... ... ~ .-. pi... ....... .... tile ..1"".'
'Ia. aDd p.rope~,.1B ....'...1.aa4 ..... ." their $8 ,JI8n 8M. pl_
a.1ft tee'_ .w _1...., '
2. The line .of pipe shall be of quality satisfactory to the Chief Engineer of Receivers, shall be located in re-
spect to the tracks and property of Receivers in accordance with the requirements of said Chief Engineer and at a
depth below the surface of the tracks and property of Receivers of not less than three feet; substantially as indicated
on the drawing hereto attached.
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Fo~363 Revised 9-1-39
~- Sheet 2.
3. The lin. of pipe shall be installed, maintained, repaired and renewed at the expense of Licensee, and under
the supervision and direction, and subject to the approval and acceptance, of the Chief Engineer of Receivers.
4. The passage of engines or trains will not be hindered or delayed by the installation, operation, use, mainten-
ance or removal of said line eof pipe.
5. Licensee will make all repairs to the tracks and other property of Receivers necessitated by the installation,
operation, use, maintenance or removal of said line ttof pipe, such repairs to be made subject to the approval, inspec-
tion and acceptance of the Chief Engineer of Receivers and, in the event the Receivers shall at any'time hereafter
during the life of this agreement make any change in their roadbed, or the structures thereon, or construct any addi-
tional tracks or structures upon their right of way and shall find it necessary to disturb said line.of pipe in so doing,
then and in such event, the Licensee will, at his own cost a nd expense, upon notice in writing so to do served upon him
by the Receivers, change the location of said lin. of pipe so that the same shall not interfer.e with the work of the
Receivers. Receivel'll m",llt their option, make any such repairs or changes in location of said lines of pipe, and
Licensee will, upon bills rendered, promptly reimburse Receivers therefor.
6. Should Licensee discontinue the operation of said line aof pipe and abandon the use thereof, then, if Re-
ceivel'll so desire, said linee of pipe shall be removed by Licensee, at the expense of the latter, from the property of
Receivers, or Receivers may, at their option, remo~e the same, at the expense of Licensee. In case of such removal,
or removal in any other manner, the tracks and property of Receivers are to be left in as good condition as when pre-
viously found and as shall be approved by the Chief Engineer of Receivers.
7. Receivers, may terminate this contract at any tim e by giving Licensee dx ...hat notice, in
writing, of their intention so to do, and upon te~ination of this agreement Licensee, if required by Receivers so to
do, will, at his own expense, remove said linea of pipe and all appliances or appurtenances thereunto belonging, from
the property of Receivers, or Receivers, at their option, or up~m the refusal of Licensee so to do, may remove the
same, at the expense of Licensee,
8. Licensee hereby assumes all risk of loss, injury or damage of or 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, or any of the appurtenances or appliances, or any part thereof. And Licensee will
further, at all times, indemnify and save harmless Receivers from all loss, damage, cost and expense which Receivers
may sustain, resulting from loss, injury or damage caused as aforesaid.
9. Receivers do not by or under this contract warrant title to any property whatever.
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lC.l. Subject to antrlght to cancel or terminate this contract, as provided herein or given by law, the provisions
of this contract shall be binding upon, and shall inure to the benefit of, the Receivers of Seaboard Air Line Railway
Company (as Receivers, but not individually) and their successors, the Seaboard Air Line Railway Company and its
successors, the railroad corporation which may after the termination of the receivership of the Seaboard Air Line Rail-
way Company control and operate the lines of railroad an d appurtenant physical properties on or along which the
property covered by this contract is located and/or to the business of which the subject matter of this contract relates,
and the successors of such railroad corporation; provided, however, should the line of railroad appurtenant physical
properties on or along which the property covered by this contract is located be that of a railroad corporation other
than the Seaboard Air Line Railway Company, then, regardless of anything in this contract contained, the continuance
of this contract after the said Receivers or their successors cease to control and operate the properties of such other
railroad corporation shall depend upon such orders as may be entered in the receivership causes of Seaboard Air Line
Railway Company.
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F~a:.t363 Revised 9-1.39
..., Sheet 3.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be duly signed and sealed, the day
and year first above written.
Witnesses:
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'Vitnesses: