HomeMy WebLinkAboutUnion Pacific Railroad ContractCONT`2�CT
L. D. Mo. 22544
Audit No . ---
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Olu'],G ON SI -1011T
UNION P!CIFIC C0la-lA!,!Y
.and
CITY OF KMj-D.T.,-,N-N, IDAI10
vlater P.ip�2 Crossing
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0115 AGRLEMENT, made and entered into this . day of
II 19 73 , by and between — --— — _ .. _ — _ _ - — _ POR?GOX
SHORT LINE RAILROAD CO:1IP_1NY, a cot-poration Of the state of Utah. its Lessee, UNION PACIFIC RAILROAD C01.IPANY, a corporation of the state
of Utah, (hereinafter collectively called "Railroad Company"), parties of the first part,
fand
CITY OF MERIDIAN, a municipal corporation of the
State of Idaho,_
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(hereinafter called "Licensee"), party of the second part, N.ITNE;SSETII:
WIr1;REAS, the Licensee desires to construct ,and thercafter maintain and operate
a water pipe line (hereinafter called "pipe line") extending- underground across the
II right of way and underneath the roadbed and track of the Railroad Company at
j MP B-458.14 on the Boise Cut-off, at Meridian,
Idaho,
ir. the location dr:scrihed as follows, to-,vit:
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Said pipe line•is to cross center
line of track at right angles thereto
at Engineer's Station 1846 + 68.5, which
is 2666.9 feet westerly, measured along
i said center line, from its intersection
j with the east line of Section 12, Townr
ship 3 North, Range 1 West, Boise Meridian,
I substantially in the location shown in
yellow on the attached print, dated
July 9, 1973, marked Exhibit "A", and
hereby made a part hereof.
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IT IS THERE FORE AGREED, by and between the parties hereto as follows,
to -wit:
1. RAILROAD COMPANY GRANTS RIGIII, 1'0 LICEWSI E:
The Railroad Company doer; hereby grant unto thr_ T.icen:cr., the right to con-
struct and thereafter, during; tlae terns hereof, to maintain and opr..rctte tlae said pipe
line in the location hereinbefore dc�crihed_ whi h rr,anr ;� ,, .� ly 3-.�..:_ ,
II tlaC OI)3et'Yai1Co and performance l)y tile L1ren'ee of all and ianf'•lil[,Yythn rn1ul:F;nnv
covenants and agrccrnents hereina[ter,containerl to he by the Licence kept, Observed
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• PIPE LIN 4EEAIENT
and performed; it being hereby stipulated that a waiver by the Railroad Company of
any breach of any such conditions, covenants and agreements shall in no way impair
the right of the Railroad Company to avail itself of any subsequent breach thereof.
2. SIZE AND MND OF PIPE:
The said pipe line where it crosses underneath the said roadbed and track'
shall be constructed of 10^inch PVC pipe, encased in 64 feet of CM
pipe with an internal diameter of fourteen ( 14 ) inches
K and the same shall be constructed and maintained at such an elevation that
the top thereof shall not be less than , 6 .8 feet below
the base of the rails of said track
3. LICENSEE TO BEAR ENTIRE EXPENSE:
The Licensee shall bear the entire cost and expense in connection with the con-
struction, maintenance, repair or renewal of said pipe line, including any and all
expense which may be incurred by the Railroad Company in connection therewith for
supervision, inspection, or otherwise; but all the work upon the same within the limits
of the right of way of the Railroad Company shall be done under the direction of and
according to the plans and specifications approved by the Railroad Company.
4. APPROVAL OF PLANS:
Prior to the commencement of any work in connection with the pipe line (whether
of construction, maintenance, repair, renewal, modification, relocation, reconstruction
or removal), the Licensee shall submit to the Railroad Company plans setting out the
method and manner of handling the work and shall not proceed with the vrork until
such plans shall have been approved by the Division Engineer of the Railroad Company
and then only under the supervision of said Division Engineer or his representativo. The
Railroad Company shall have the right, if it so elects, to provide such SLIj)port as it
may deem necessary for the safety of its track or tracks during the time such work
is being done and, in the event the Railroad Company provides such support, the
Licensee shall pay to the Railroad Company, within fifteen clays after bills shall have
been rendered therefor, all expense incurred by the Railroad Company in connection
therewith, which said expense shall include all assignable costs plus ten per cent (10%)
to cover elements of expense -not capable of exact ascertainment.
5. PERMIT SUBJECT TO NEEDS OF RAILROAD COMPANY:
The Railroad Company notwithstanding the aforesaid grant shall have the
right to retain its existing track at and in the vicinity of said pipe line in its
present location and nothing shall be done or suffered to be done by the Licensee
at any time that shall in any manner impair the usefulness or safety of such track
or of any other tracks that may hereafter be constructed within the limits of said
right of way; and the Railroad Company reserves and shall have the right at any and
all times to make such changes in said existing track and structures, or in the
present standard thereof, and to construct, maintain and operate such additional
tracks or structures where said pipe line is to be constructed, and across the same,
as from time to time it may elect; and the Licensee shall bear the expense of moving,
removing or making such modifications in said pipe line as may be required by the
Railroad Company in connection with such changes in said track and structures,
or in the present standard thereof, and such additional tracks or structures. The
obligation of the Licensee in this agreement prescribed with reference to the main-
tenance, repair and renewal of said pipe line as originally constructed .shall apply to
said pipe line as relocated, changed or modified within the contemplation of this section.
6. PIPE LINE NOT TO INTERFERE `VITII OPERATION OF RAILROAD:
The said pipe line and all parts thereof within and outside of the limits of the
right of way and premises of the Railroad Company, shall be constructed and at all
times maintained, repaired, renewed and operated by the Licensee in such a manner
as to cause no interference whatsoever with the constant, continuous and uninterrupted
use of the tracks, property and premises of the Railroad Company, both as regards
operation, mn.intenance, repairs or renewals, or possible new construction by the
Railroad Company.
7. SALE OF EIGHT OF WAY:
In the event the Railroad Company shall dispose of any portion of its property
on which the pipe line is located as herein provided, the right or license herein granted,
with respect to such portion of the pipe line as may be located on the property of the
Railroad Company so disposed of, shall forthwith cease and determine.
• PIPE I I146 tEEMENT
8. LICENSE SUBJECT TO SUPERIOR RIGHTS:
The license herein granted is subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right of way, and
others), and the right of renewals and extensions of the same, and is made without
covenant oil title or for quiet enjoyment.
9. MODIFICATION, RELOCATION OR REMOVAL OF PIPE LINE:
This license or permit is made subject to the needs and requirements of the Rail-
road Company in the operation of its railroad and in the improvement and use of its
property and the Licensee, at the sole cost and expense of the Licensee, shall move all
or any portion of the pipe line entirely off the right of way of the Railroad Company,
or to such a new location thereon as may be designated by the Railroad Company
whenever in the furtherance of ' such needs and requirements, the Railroad Company
shall find such action necessary or desirable; PROVIDED, however, the Licensee shall
not be required under the terms hereof to move entirely off of said right of way any
portion of the pipe line constituting a crossing of the entire right of way of the
Railroad Company.
10. LIABILITY:
The Licensee shall indemnify and hold harmless the Railroad Company from and
against any and all damages, claims, demands; actions, causes of action, costs and
expenses of whatsoever nature which may result from the death of or injury to any
person whomsoever, or from the loss of or damage to property of any kind or nature,
including damage to the roadbed, tracks, equipment or other property of the Railroad
Company, when such death, _injury, loss or damage is due to the existence of said pipe
line or to the construction, maintenance, operation, repair, renewal or removal thereof,
or to the contents therein or therefrom.
11. DISUSE OF PIPE LINE:
Disuse of said pipe line for the purpose for which it was originally constructed
continuing at any time for a period of one year, shall constitute an abandonment
thereof by the Licensee and of the grant herein made, and in case of such an abandon-
ment or the breach by the Licensee of any of the conditions, agreements and covenants
herein contained, the Railroad Company shall have the right to terminate this agree-
ment at any time by giving thirty (30) clays notice in writing to the Licensee of its
intention to terminate the same, and at the� expiration of said thirty (20) days notice
the license herein granted shall terminate and be at an erd, and the Licensee shall
be without recourse or redress of any character against the Railroad Company by
reason thereof.
12. REMOVAL OF PROPERTY OF LICENSEE:
Within fifteen (15) days after the termination of this agreement howsoever, the
Licensee shall remove all property of the Licensee herein provided for from that portion
of the right of way of the Railroad Company not occupied by the said roadbed and
tracks, and shall restore the same to its original condition to the satisfaction of the
Railroad Company; and if the Licensee fails so to do the Railroad Company may'do
such work of removal and restoration at the cost and expense of the Licensee. The
Railroad Company may, at its option, upon such termination, at the entire cost and
expense of the Licensee, remove that portion of said pipe line located underneath said
roadbed and tracks and restore said roadbed to its original condition, or it may permit
the Licensee to do such work of removal and restoration under the supervision of the
Railroad Company; and in the event of the removal by the Railroad Company of the
property of the Licensee as herein provided; and of the restoration of said roadbed and
right of way to their former condition, the Railroad Company shall in no manner be
liable to the Licensee for any damage sustained by the Licensee for or on account
thereof, and such removal and restoration shall in no manner prejudice or impair any
right of action for damages or otherwise that the Railroad Company may have against
the Licensee.
13. AGREE31ENT NOT TO BE ASSIGNED:
The Licensee shall not assign this agreement or any of the rights hereunder with.
out the consent, in writing, of the Railroad Company first had and obtained.
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PIPE, 1gl*(',REEIIENT
14. NOTICE:
Before commencing any of the work or the construction of facilities, or the modifi-
cation or change of existing facilities, provided for in this agreement upon the right
of way of the Railroad Company, the Licensee, or those acting under its authority,
shall give written notice to the Superintendent of the Railroad Company at least 48
hours prior to the date upon which such work or construction shall commence. Should
[I the Licensee fail to furnish notice as provided, the Railroad Company may deny the
Licensee entry to the right of way until such notice is furnished.
15. INSPECTOR AND FLAGMAN:
The Railroad Company may, if in its judgment such becomes necessary, furnish
at the expense of the Licensee such inspector as it deems reasonably necessary for the
purpose of making inspection of all work performed by the Licensee or those acting
under the authority of the Licensee. Such inspector shall have authority to control the
operations of the Licensee and those working; under its authority while excavating or
doing any work adjacent to or foul of any of the railroad tracks in the area of the work
or construction. The Railroad Company may also furnish, at the expense of the Licensee,
such flagman and watchman as may be reasonably necessary to protect railroad traffic
during the construction or work contemplated by this agreement.
16. EFFECTIVE DATE -- TERM:
This agreement shall be effective from and after the day and year first herein
written, and shall continue in full force and effect until terminated as herein pro Tided,
it being understood, however, that should the Licensee enter upon, or perform any work
upon the right of way prior to said effective date, the terms of this agreement shall
apply thereto.
17. SUCCESSOR AND ASSIGNS:
This agreement shall be binding upon and inure to the benefit of the Railroad
Company, its successors and assigns, the Licensee and the successors in interest of the
Licensee.
IN WITNESS WHEREOF, .the parties hereto have caused this agreement to be
executed in duplicate the day and year first herein written,
OREGON .BORT LINE MULROAD COMPANY',
Witness: UNION PACIFIC RAILROAD COMPANY
By.... - .......... - _.. .... •---------- ---- ----
eneral Mana er
The foregoing agreement is accept e on the terms
stated and executed by the Mayor of the City of
Meridian, Idaho and attested by the Clerk on this
_day of 40 2,vrf , 1973, pursuant to author-
ity vested in said Mayor by a resolution duly passed
and adopted by the City Council of the City of
-ldiazidian, Idaho, on the Xt4 day of /f v 1973.
MFy-
,
MERID N IDAHO],
Attest;
: ln^
Yvl'kp��
r 4 Mayor
1�-
4-erk
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