PIPE LINE CROSSING BETWEEN COURT & FRANKLIN
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B-1M 9-55 CFC~,
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. PART ONE-Form 3530
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'THIS AGREEMENT, Made and en~' into tbis~.ltIl.ciay of........ I""~ ..__....on..on.., 19.....,
by and between the ATLANTIC COAST ~INE RAILROAD COMPANY, a corporation created
and existing under and by virtue of the laws of the State of Virginia, -her,einafter for conveni-
ence styled the Railroad Com,pany, the flrlstparty, and the....... Qf-.ITJI1~"- ......-.-........-
.m__...on......__m.m........_..........~........_.._......_...........a municipal corporation und~tbe laws of the State
oL.fl.....'...._........._....~_.m........., the second party:' '
WITNESSETH. That the RaDroad Company, for and in consideration of the sum of One
Dollar to it in hand paid by the second party, the receipt whereof is hereby acknowledged, and the
performance of the covenants, hereinafter contained oD; the part of the second party, does hereby
give and gJ:aBt unto the seco~parly therilbt_d'privi1ege to lay and maintain, f~the purposeAf
a .kra ...... . u.. of 1tH!t~,..~.,......l!l......,s,e ......... riPt dt waI' aa4
..............sa ..,... ..~ ,c...\'u.~ '~"7 at C1eaIwJI-,
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__ u...t ..u___~ ..-,1IQa JIItd .., .. ..... nt.tIle w...
pdJat .t~.lt'lw'~: _J~,a;:""''''ef~ ..."_t eM d..,.w.l;9.OlP,1".
...r....'...,., '. u...t'..."" A"_,,..,:_,'..,,',.,.~,' , '" _ '-'-lllJl1d ....at" ..." ",'........ her.
tid8.rlllll ..I't. ltJJJ...~, fit ~ __ )0 ,.. ........ ...'aYe et ..w
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And the second party hereby covenants and agrees with the Railroad Company in consider-
ation thereof, as follows:
(1) That the second party shall lay and maintain said pipe in a manner satisfactory to the
Engineer Maintenance of Way of the Railroad Company and so as not to interfere with pipe
or other structures ,llOW in place; and in the event that the said pipe shall need repairs, the second
party shall make 'such repairs; and upon the failure of the second party to make said repairs, the
said Engineer shall give notice to the second party of needed repairs, and upon the failure of the
second party to make repairs after said notice, the Railroad Company may make all necessary
repairs, at the cost of the second party, which cost the second party hereby agrees to pay on de-
mand.
(2) That the second party shall assume entire responsibility for any loss, damage or injury,
including death, to the property or employees of the Railroad Company, or to any other person
or property, which may be caused by or arise from the installation, presence and maintenance of
said pipe, and the second party shall protect and save harmless the Railroad Company, its succes-
sors and assigns, from any and all loss, damage or injury caused by or arising from the installa-
tion, presence and maintenance of said pipe.
(3) That the first party shall not be responsible in any manner for loss of or damage to the
said pipe, or any other property of the second party, from any cause whatsoever, it being under.;.
stood that the first party may, if it so desires, install and maintain, above ground, markers to
indicate the 10;:,t"!0~E~"S~i~.,,R~l9~c~';'~~',Jo be placed at such points as are satisfactory to
said Engineer !V.lail'iL~t1ah~c , '.' ".c, ' ,,~ .,
(4) That the second p~rty will af-apy tune;-upoIl thh"'ty days' wMttpTl notice given by the
Railroad Company, change and alter the location of said pipe to conform to any changes or
improvements that may be made by the Railroad Company in its tracks or roadway at said
location. "'~-'-'~ ",;;c.".., '.- ..-'" ..r," .
(5) It is expressly understood and agreed that no assessment shall be made against the Rail-
road Company to cover the cost (or any part thereof) of construction and/or maintenance of said
pipe, including material, labor and any other item of expense incident thereto.
(6) That the second party will pay,to the Railroad Company, on bills rendered by the Rail-
road Company, the full amount of all cost and e~ense which may be incurred by the Rail.
road Company in protecting its track or tracks by driving piling or by other means while said
~ipe is being placed thereunder.
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PART TWO-Form 3530
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(,) ... .. ;.u. ..;..u.'~f< .......!llV~ ..... ... ... ~, ..-'
MaU .. pl....., a ....__ ... '..til ....~.. ~ tU ... of nil .t ..... a1a
..... _ ... ~ .. 1I"t"'\.1 ~',_. __. of \1w '~'l."r. .......
ti:tIh_ 1Idota..... ..,...,. .. -.e; ~;t. ' ........,.t NUl to .... to, ., 11&14 pipe.
It is u.nderstood and agreed that thi'i co~.Shall not be binding until it has 'b~en ratified
by proper. ordinance o~ resQlution of t~.,,,_..~--'.U lll'lail....m...............m...of the second
party, a certified coPyof~~ich resotuti~ or' or,~i~ce fsattached hereto and made part of this
, ~
agreement.,
IN WITNESS WHEREOF the parties hseto have executed these presents in duplicate the day
and year first above writt~
Wit,nesses, 'fo, l"'RaiIroad, "'.,,co~pany~ ATLANTI~C"., AS" ' T ,LINE~,~" .OAD, COMPANY.
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{[.m.-:-'__~.__._._- By....__ _......_.:.m;;r...-;....._._-_._-~-
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DGll" til.~lr~ Stain~~ lh
State oL~ _~' __'- hliv~ t'i~~rl alf!~ed
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held on the_--jl~.day oL~. '~ 19 _,
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PAR'!' 'l'HREE-Form 3530
RESOLUTION
Be It resolved by ~-___ 1),1. l.t~_m__.____of the Cl,v. _
of__~.~ "'4lt..... irL_~_..... hi' .....~... -assembl~ that the
~"r --. l -'-'---.&O'...1i hi! hereby is, authorized fo enter info an agree.-
ment with thtL. .A~~_" . -1lAII.llOAD COMPAN1:', and fo sign same on
behalf of said.__ ~..... _ "m~~ wherel)y .tIIe A1cI .~
. ~ &iT.. - .....~ ....tIq, A1cI Cll....... ~ _ JIIPi~ ... 1.., _
=~r~rfJl'U'.$t4~-::c.:~:~~~i'VICt~
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teet ~,..~". .... ... ..... u.. ~ ..... .... ~ flow .u.
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-, , ".," -, ',- Clerk.
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