Loading...
PIPE LINE CROSSING DREW STREET -~:fi, "':, . I I Form 1363 Revised 9-1-39 Sheet 1. THIS AGREEMENT, Made this I , -at. day of ~ , 19 Cfd, between Legh R. Powell, Jr., and Henry W. Anderson, as Receivers of SEABOARD AIR LINE RAILWAY COMPANY, herein- after designated "Receivers", of the first part; and ._ _It OUr fill CD.i..llIWt.Ir. a ".iJtal 08irpa1'at.a.ua UA ...... .,r~. hereinafter designated "Licensee", of the sec()nd part; (The term "Licensee" and all terms used herein with reference thereto shall be construed as embracing such number and gender as the charaeter of the party or parties requires). WITNESSETH: 1. For and in con!lideration of _ Dollarz ($1.. ), receipt of which is hereby acknowledged, and in further considera tion of the faithful performance by Licensee of his under- takings herein contained, Receivers hereby;'lftItt..,J..ie~.~~tt.9JJ1e 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: .l U. .r I iatII cut, 1na au pipe "Md. . 3 1ac1l GODda1t, cro_lDg UDder the Vaok. ud PI'~'" et u. ........ ia cn.-...._. ftao:lcIa, at . poJat. 2,"4 teet, .... .. lea_, .... LrCIlT trca bad,.., me PM\ "4, Mid _"~... be1DIlIOnh- wal'CIq .r.. tJae "...~ fI6 ... ....Il with tile ""wn' traoka, and be1Dg .... 18 aD - .." fit .......... ...s...s.. -.,r..'. .. date4 lUll' 2, 1971, attacdl_ ..... .. . ,pan. Ia...,. 2. The line of pipe shan be of qQalitS':'8&tisfactory to1;be Chief Engineer of Receivers, shall be located in re- spect to the tracks and property of Receivers in accordanc e 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; substtmtially as indicated on the drawing hereto attached. :C6-0C3-CO{t) ,,~ ". I I ,.I Form 1363 Revised 7_1t -40 Sheet 2 3, The line of pipe shall be installed. maintained. repaired and renewed at the expense ot UcensfC. and under the supervision and direction. and subject' to the approval ancfaeecptauce.of the Chief Engineer of Receivers. 4. The passage of engines or trains will not be hindered Or delayed by the installation. operation. use. maintenance or removal of said line of 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 of pipe. such repairs to be made sU,bject to the approval. inspection and acceptance of the Chief Engineer of Rec~vers and.in the evept ,the :Re~~~,.c ,~1 ~ b,ereafter during the life of this agreement make any change in their roadbed, or the structure~ thereon. or construct any additional tracks or structures upon their right ot way and shall find it necessary to disturb said line of pipe in so doing. thenan~ in such event. the Licensee will. at his own coat and expense. upon notice in writing so to do served upon himby.the'Reiei-ver8,ce-rilli~e~~"_'lilfpi.P!l ~othat the same shall not interfere with the work of the Receivers. Receivers may. at their option. make any such repairs or changes in location ot said line of pipe. and Licensee will. upon bills rendered. promptly reimburse Receivers therefor, 6. Should Licensee discontinue the operation of said line of pipe and abandon the use thereof. then. if Receivers so deSire. said line of pipe shall be removed by Licensee. at the expense ~f the latter. from the property of Receivers. or Receivers may. at their option. remove 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 previously found and as shall be approved by the Chief Engineer of Receivers. 7. Receivers may terminate this contract at-any time by giving Licensee atztr ..,... notice. in writing. of th~ir intention 8l) ~ 4~ app.~~i~.,~~~tf;~.~ I.,i~~ if req.imt.b,y,Ju_.~,.o to do. will. at hiaown expense. remove said line of pipe and all appliances or appurtenances thereunto belonging. from the property of Receivers, or Receivers. at their option, or upon the refusal of Licensee so'to do. may remove the same, at the expense of Licensee. 8. Licensee hereby asBlunesa-lhiM of _~i't t)ji'l!atrlage 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 Ucensee 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. 10, This agreement. unt~s8 s~'n~~-'te~inin~iil~i1d~i;th~ip~vision~>hereof'. shall cease and determine upon termination of the receivership proceedings wherein the Receivers. parties hereto. were appointed Receivers or upon the sooner cessation of operation or control by the Receivers of the line of railroad on or along which the property covered by this agreement is located; provided. however. that if prior to or upon such termination of said receivership proceedings or such cessation of operation or control by Receivers. Seaboard Air Line Railway Company or any other railroad corporation shall succeed to the rights and assume by appropriate written instrume'nt the obligations of the Receivers under this agreement. the provisions of this agreement shall thereupon continue in effect and binding as between Seaboard Air Line Railway Company or such other railroad corporation. as the case may be. so succeeding to the rights and assuming the obligations of the Receivers hereunder, and Licensee. party hereto. .~>.> ,.' " , ,. . I I Form 1363 Revised 9-1-39 . Sheet 3. u. !be u..... .tvUIer aanea to iMt.all \laea&l.cll1ae of 2 1DaIa cut. 1Na pipe s.S4t . , s.t& -lID ''fd'_ U. 1", ~ add -..lId, to be DOt. ~ tbaa t.be 1d.4IUl fII ... 1'1...ll.~J1~"- .... .. \rub ...,*1&8 U. ..... pipe U- ta -. __ p11Ia ...... u.. u. '.... ,.. ... of nil .. the .....fIt ad4 oondu1t.. ... UT~T" ,...... __II. tIurt. all. _~ eaW!ec s..&o aaY pipe l1Ile &lid toM 1Datallat.1aa UlaNOf', 1d.ll be nbJect. t.o t.he approval and aeoeptanc. et u. a...lftHA Din..... ~.. Ita" ~ft1ea ..... U. '-ri'-7 1II1Ib1ch ,add p1pe 11M lit Ju\a1W. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be duly signed and sealed, the day and year first above written. -".......... -- ~' , .~ ~::---_.- Witn,~", ~ :::::....:....:..~.....;j~. ~ elf! OF ~Tlq"t.fiR - A .,- ;.;.:::::~..,.:::n:,.,,::.:::m....:h 'U__'Uhm.., (SEAL) ",...,." (SEAL) '....,'.''n>mmumu.'....,.'u'',..n>.'.....,..u.....'uu''..'..",',n>.""""".n>u,.'"", (SEAL)