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Right of Way Agreement with Bureau of Reclamation for Crestwood Estates
United States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVE. BOISE, IDAHO 83702 1N REPLY REFER T0: 4001973 770.- September 14, Mayor Don M. Storey City of Meridian 83642 Meridian, Dear Mayor Storey: Idaho, is a duplicate Enclosed for the records of the City of Meridian, a right- s United States original of contract no. 14-06-100-7941 which grants the City of -way for a water main and related facilities acros property as described therein. Sincerely, l Project Sup intendent 1 Enclosure x, 4 Contract No. 14-06-100-7941 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION PN REGION Boise Project - Arrowrock Division RIGHT-OF-WAY AGREEMENT FOR THE LOCATION F RM THIS AGREEMENT, made this �r� day of X06 ,1 197-71 pursuant to the Act of Congress approved June 17,1902a112ofStat. whi388), e and acts amendatory thereof or supplementary thereto, acts are commonly known and referred to as the Federal Relcamation Laws, between THE UNITED STATES OF AMERICA, hereinafter called the United States, represented Contractingofficer officer, andexecuting the CITY OFrMERIDIAN, hereinafter called the IDAHO, a municipal tiof,duly organized, Idaho$ hereinafterreated, and existing called the contractor. under the laws of thehe State WITNESSETH THAT: 2. WHEREAS, in connection with the Arrowrock Division, Boise Project, Idaho, the United States through the Bureau of Reclamation, Department of the Interior, has, pursuant to Federal Reclamation Laws, 1 d u on which a drainage facility known as the acquired certain an s p Nine -Mile Drain has been constructed; and 3. WHEREAS, the Nine -Mile Drain is being ooppearatedd andai stained by the Nampa and Meridian Irrigation District unrepayment contract with the United States; and 4,, WHERE'S, the Contractor desires to utilize a tract of such land for the purpose of constructing, operating, and maintaining a buried water main and related facilities necessary for conveying water in the Contractor's domestic water distribution system. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter stated, the parties hereto agree as follows: 5. The United States hereby grants to the Contractor, subject to the terms and conditions of this agreement, the right to construct, operate, and maintain a water main and related facilities upon and across lands acquired by the United States for the Nine -Mile Drain, NE%SWft� of Section 12, T. 3 N., R. 1 W . , B.M., Idaho, at a in the 4 4 location described as follows: A parcel of land 20 feet idcenterline: being 10 feet on each side c, of the following describe � r j Commencing at the south quarter corner of Section 12, T. 3 N., R. 1 W., B.M.; thence N. 00000135" W. 1,671.02 feet along the midsection line of Section 12 to the south right-of-way line of the Nine -Mile Drain; thence S. 89.006110" E. 10.00 feet along the south right-of-way line of the Nine -Mile Drain to the Real Point of Beginning; thence N. 00000135" W. 290.00 feet, more or less, to the south right-of-way line of Broadway Avenue. As shown on the attached plat marked Exhibit "A" and by this reference made a part hereof. 6. The easement area traverses a spoil bank created by the construction and maintenance of the Nine -Mile Drain. To allow proper maintenance of the drain, the contractor shall install the water main at minimum depth of 3.5 feet below natural ground level. 7. The use of the lands covered by this agreement is subject to the environmental quality program and policies of the Federal Govern- ment and to the rules and regulations adopted by the Bureau of Recla- mation, Department of the Interior, for implementation thereof. The environmental quality program is directed toward improving the function, appearance and environmental compatability of all proposed, in process, and existing structures, facilities, lands and waterways under the jurisdiction of the Federal Government. In connection therewith, this agreement is granted subject, but not limited, to the following specific provisions: a. The Contractor shall not remove or damage shrubs or trees located in the area covered by this agreement without written permission from the Contracting Officer; and shall smooth and reseed the excavated or trench of areas with a perennial -grass, preferably crested wheat - th the best known methods and to the satisfaction grass, in accordance wi of the Contracting Officer. b. The Contractor shall not use or permit any use of the land which is undesirable because it creates or tends to create a nuisance or a situation similar to a nuisance thereon, and shall take all precautions necessary to prevent and suppress fires which endanger the premises and surrounding property and shall comply with the fire regulations pertaining to the premises of any agency of the United States. 2 i I 8. The Contractor shall conduct its operations pursuant to this agreement in a good and workmanlike manner and shall insure compliance with the laws of the State of Idaho and with all laws, regulations and orders of the United States affecting such operations. The failure of the Contractor after due notice to abide by any of the terms and condi- tions of any of such laws, rules and regulations, as well as the regu- lations of the Contracting Officer, his successors or his duly author- ized representative, shall cause this agreement to be subject to immediate termination at the option of the Contracting Officer. 9. This agreement is granted subject to all rights outstanding in third parties. —�'A�'H"�""Tfie �ontracl;or agrees 'as follows: a. There is reserved to the United. States, its successors and assigns, the prior right to use any of the premises herein described to construct, operate and maintain all structures and facilities, in- cluding, but.not limited to, canals, wasteways, laterals, ditches, reservoirs, roadways, electrical transmission lines, communication structures generally, substations, switchyards, powerplants, and any other appurtenant irrigation and power structures and facilities, or any recreation developments, without any'payment made by.the United States or its successors for such right. b. That if the construction of any or all of such structures, facilities, or developments across, over or upon said premises should be made more expensive by reason of the existence of improvements or works of the Contractor thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto. Within thirty days after Contractor for payment of any such sums, the de upon the demand is ma p Contractor will make payment thereof to the United States or any of its successors or assigns, constructing such structures and facilities across, over and upon said lands. As an alternative to payment, the Contractor, at its sole cost and expense and within time limits estab- lished by the Government, may remove or adapt facilities constructed and operated by it on said premises to accommodate the aforementioned structures and facilities of the United States. The Contractor shall bear the cost to the Government of any costs occasioned by the failure of the Contractor to remove or adapt its facilities within the time limits specified. C. There is also reserved to the United States the right of its officers, agents, employees, licensees and permittees, at all proper times and places freely to have ingress to, passage over, and egress from all of said premises for the purpose of exercising, enforcing and . protecting the rights reserved herein. 3 d. That the United States, its officers, agents and employees, and its successors and assigns shall not be held liable for any damage to the Contractor's improvements or works by reason of the exercise of the rights herein reserved; nor shall anything contained in this para- graph be construed as in any manner limiting other reservations in favor of the United States contained in this agreement. 11. The United States shall not be liable for any damage or injury to the Contractor's facilities or operations caused by the construction, operation and maintenance of the Arrowrock Division, Boise Project. The Contractor releases and agrees to indemnify and hold harmless the United States, its officers, agents and employees, on account of all damages or claims for damages, by whomsoever made and of any nature whatsoever, r' t e - exercise D _AL1th�to exercise by the,. ontractor, its offTcers, agents and employees, of the privileges granted by this agreement. 12. The Contractor will use, operate, and maintain the facilities covered by this agreement in such a manner as not to interfere with the administration of adjacent land owned by the United States. 13. Upon termination of this agreement for any reason, the Con- tractor, at the option of the Contracting Officer, shall remove all of its equipment, structures, and materials placed upon the premises by the Contractor, and shall restore the premises occupied by such equip- ment, structures, and materials to a condition satisfactory to the Contracting Officer and shall smooth and seed the site with perennial grass, preferably crested wheat grass, in accordance with the best known methods and to the satisfaction of the Contracting Officer. If the Contractor fails to remove its equipment, structures and materials within sixty (60) days after the termination of this agreement, such equipment, structures, and materials, at the option of the Contracting Officer, shall become the property of the United States and all costs incurred by the United States in the disposal of such property will be charged to the Contractor. 14. The provisions of this agreement shall apply to and -bind the successors and assigns of the parties hereto, but no assignment or transfer of this agreement or any part or interest therein shall be valid unless approved by the Contracting Officer. 15. This agreement shall terminate: a. At the option of the Contracting Officer if the Contractor faits to comply with any of the terms and.conditions hereof. b. At the option of the Contracting Officer upon discontinu- ance of the use of the facilities constructed by the Contractor in accordance with the terms of this agreement for a period of six (6) consecutive months. 4 c. At the request of the Contractor by giving written notice to the Contracting Officer. 16. The Contractor hereby agrees as follows: a. To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964 (78 Stat. 241) which provides that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance," and to be bound by the regulations of the Department of the Interior for the effectuation.thereof, as set forth in 43 CFR 17. b. To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirements of this provision. 17. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part --of this agreement or to any benefit that may arise herefrom. This restriction shall not be construed to extend to this agreement if•made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. THE UNITED STATES OF AMERICA By Reg i ona DireLctor., PN Regt6n Box 043, 550.'West Fort Street Boise, Idaho 83724 Attest: ity erc 5 CITY/6FF�ERIDIAN, ADA fOUNTY, IDAHO :h STATE OF IDAHO ) ) ss County of ADA ) � � ,5 JS T •73 Y Pp On this day of J 19 , personally appeared before me,/,�0 Al 41 5irr i2 A Lat to me known to be the official of tfie CITY OF MERIDIAN, IDAHO, executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d�aand year first above written. �'-SEAL. _ Notary P, b i c in and for the State of Idaho Residing at r.- My commission expires: STATE OF IDAHO ss County of ADA ) On this 4i f4 day of .S•c0114_AZe< ' 1973, personally appeared before me Varoo,;11 }rT lV d* f to me known to be the official of the United States of America ghat executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein --- mentioned, and -on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in an or the _ State of Idaho Residing at Boise My commission expires: /a '75 n 100 so 14-- o c 2 CREST PV000 ESTA7"ES SUB. PLAN ¢' .PROFILE /O" WATER MAIN HOPFMAN/VI F/Sl<E, e wyATT - CONSULT/NG £NG/NC RS 6Ca/c- r / IDOL m b , ft O �a O i2 290'; N O'Od'35"W Tlo`,SEC7"/ON L//VL: )' /D. INd5fCr- v Vf so 14-- o c 2 CREST PV000 ESTA7"ES SUB. PLAN ¢' .PROFILE /O" WATER MAIN HOPFMAN/VI F/Sl<E, e wyATT - CONSULT/NG £NG/NC RS 6Ca/c- r / IDOL M,r - '"ONT-,)!�.CT = — — — --1 — — — L. g, No. 22544 Audit No. B c-, tW e C: I I op r -10".T IdN, Sil CO. .,%Y, p,i%.c-FF-I/ c lZly CITY OF 11 30 &a£db Digo £222 C=oesiEg D-7-il"o DUPLICATE ORIGINAL -OS OF COPX f �I I'rl'{; I,[i`+I; aGlt1•,1;.1Ik;NT I VIAS AGP,I,I-?,IENTT, mad^ and entered into this day' of 19 73 , by and between SHORT LINE r,AII,I oAI) co:..t T - _ - - - - - OnccoTI '�Y, a UNIOcorporation of the State of L'tah; and its Lessee, N PACIFIC RAILIZO.ID COIIPANY, a corporation Of the State Of Utah, (hereinafter collectively called "Railroad Company"), and parties of the first part, CITY OF MLRIDIAN, a municipal corporation of the State of Idaho, (hereinafter called 'License(,"), party of the second part, 1,',/ITNESSETH: .' ` IIP P,F.AS, the Licensae desires to construct and thereafter maintain and operate a water pipe line (hereinafter called ' pipe line") eXtendin"• under, ri�-ht of gray and underneath the roadbed and track round across the _ 14P B-458.14 On the Boise Cut—Off, of the P.ailroad Company at Idaho , at Meridian, ir. the Incation describe d a, follows, to-Svit. Said pipe line is to cross center line of track at right angles thereto at Engineer's Station 1546 + 68.5, Which is 2666.9 feet westerly, measured -along said center line, from its intersection with the east line of Section 12, Tovm- ship 3 North, Range 1 t^lest, poise Meridian, substantially in the location shown in yellow on the attached print, dated July 9, 1973, marked E:;jjibit "A", and hereby made a part hereof, � I ' I IT IS 1'IfI:IfF;H'OYE AGREE D by ;lnd between to -wit: the parties hereto as follons, RAILI:OAD COMPANY GP._1NT,13 RIGA;' TO LICENSEE: The Railroad Company docs; perch struct and thereafter, durin,, i Y ;;rant unto the I,icen;:ee the riF;ht to con- line in ' t.lc torn hereof, to maintain and operate the said pipe tue localron hcrrinbcl'orc ,l,scrih�cL r:l,irl, ,„-.,,,f ,, ,.,•„r I the and )e'rfn „- __ .. ....... ...........�-• �;, r- .- _� �. I rman,'e Ly 1 Ii c0:'enants and a rcernents hosreltlaftert. contained .,toejbe a}1} and ::r1 )l:ir kept, (,rv»p II Y tl`r� I.. �...: L';CC keptr CJS(.`I'VC:f PIPE LINE AGREEMENT fi and performed; it being hereby stipulated that a waiver by the Railroad Company of I 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 KIND OF PIPE: The said pipe line where it crosses underneath the 'said roadbed and track shall be constructed of 10—inch PVC pipe, encased 1n 64 feet of CM pipe with an internal diameter of fourteen (1.4) inches =M 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 P.ailroad 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 work 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 representative. The Railroad Company shall have the right, if it so elects, to provide such support 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 (1011-,0) 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 clone 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 he constructed within the limits of said right of way'; and the Railroad Company reserves and shall have the right a�, 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 tha 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 lection. 6. PIPE LINE NOT TO INTERFERE WITH 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 tr:lcks, property and premises of the Railroad Company, both as regards operation, maintenance, repairs or renewals, or possible new construction by the Railroad Company. 7. SALE OF RIGHT 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. 2 PIPE LINE AGREEMENT S. 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 of 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 ne«- location thereon 'as n,ay be de�_ignat�d by the Railroad Corn:pa�.ry 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 is 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 male, and in case of sucl) 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) days notice in writing to the Licensee of its intention to terminate the same, and at the expiration of said thirty (30) days notice the license herein granted shall terminate and be at an end, and the Licensee shall be without recourse or redress of any character against t reason thereof. he Railroad Company by 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 arid 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. 1.3. AGREEMENT 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. 8 PIPE, LINE AGREEMENT 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 License(-, or ihos e actin;? under its authority, shall give written nonce to the Superintendent of the R:,ilroa l Company at least 48 hours prior to the date upon which such wort; or consLruction shall commence. Should 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 vvork performed by the Licensee or those acting under the authority of the Licensee. Such inspector shall have authority to control the operations of Che Licensee and thoso Nvo-inl; under its authority while excavatin,r, 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 at-reement 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 provided, it being understood, however, that should the Licensee enter upon, or perform any work upon thb 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 Rnilrond Company, its successors and. assigns, the Licensee and the successors in interast ci tl_e Licensee. IN WITNESS WHEREOF, ,the parties hereto have caused this agreement to b3 executed in duplicate the day and year first herein written. ORI�,GON SNORT LINE R=1ILR.O.AT) COMPANY, Witness: UNION PACIFIC RAILROAD COM?AITY •.............._............... By ....... _.......... _...... _...................................................... _.._.. General Manager The foregoing agreement is accepted on the terms stated and executed by the Mayor of the Citzy of Meridian, Idaho and attested by the Clerk on this ,2.#iX day of 4y , 1973, pursuant to author- ity vested in Said Mayor by a resolution duly passed and adopted by the City Council of the Citv of Meridian, Idaho, on the day of Af, ,1973. CI MERIDIAN, I3fi1fIU, At B 4 tilayor . Clerk 7 - ...�. urrrrrirr000 .. . w4mW o0`44* Q J V \ I cQ - � � �f � � •kms . W6.9°fo 2617 T3N ,p/ W, B. M: _ y w ?rf Ti w 'I - . �I II h I! o .. OREGON SHORT 11=?'] RMT,MND CO. q union Paciftoa�R�', co.(Pncso) II II Dolco cut-cf,1 CM of L—_�7o)%' j cJ�l..11a T,, , So—,la Ir OFFICE 0^ DETTLE7,1013 r-IGP.T R ! Pooat®11©m ZdfLo 7-3-1973 Water Una C7ocsir chc,7a yell" R.R. RAA oixtl! r.:7'1 i Z0+7-1576 11 r! C 0 N T R A C T L. D. No. 23391 Audit No. Between OREGON SHORT LINE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY and CITY OF MERIDIAN, IDAHO Water Pipe Line Crossing at Meridian, Idaho (MP B-457.63) D UP L 1 7- S COPY PIPE LINE AGREEMENT r - rHIS AGREEMENT, made and entered into this a,) day of a 1976 , by and between ----------------------- -- —OREGON SHORT LINE RAILROAD COMPANY, a corporation of the State of Utah, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah, (hereinafter collectively called "Railroad Company"), parties of the first part, and CITY OF MERIDIAN, a municipal corporation of the State of Idaho, (hereinafter called "Licensee"). party of the second part, WITNESSETH: WHEREAS, the Licensee desires to construct and thereafter maintain and operate a water pipe line (hereinafter called "pipe line") extending underground across the right of ;way and underneath the roadbed and track S of the Railroad Company at MP B-457.63, at Meridian, Idaho, substantially in the location shown in yellow on the attached print, dated October 29, 1975, marked Exhibit "A," and hereby made a part hereof. IT IS THEREFORE AGREED, by and between the parties hereto as follows, to -wit: 1. RAILROAD COMPANY GRANTS RIGHT TO LICENSEE: The Railroad Company does hereby grant unto the Licensee the right to con- struct and thereafter, during the term hereof, to maintain and operate the said pipe line in the location hereinbefore described, which grant is made expressly subject to the observance and performance by the Licensee of all and singular the conditions, covenants and agreements hereinafter contained to be by the Licensee kept, observed 1 - PIPE LINE AGREEMENT 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 KIND OF PIPE: The said pipe line where it crosses underneath the said roadbed and tracks shallPest cteg of 12Pincb clyt 1FOY4pige'eesteeld in 75 fe an( res ectiveUg pipe with an internal diameter of 24 inches, as shown on Exhibit °A, )W& asa casing constructed and maintained at such an elevation that OT, hethe top khM9f shall not be less than 4 . 5 feet below the base of the rails of said track s . -IRR 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 work 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 representative. The Railroad Company shall have the right, if it so elects, to provide such support 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 days 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 tracks at and in the vicinity of said pipe line in their present location s , 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 tracks or of any other tracks that may hereafter be constructed within the limits of saiA 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 S 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 Tine "ss may be required by the Railroad Company in connection with such changes in said tracks 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 WITH 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, maintenance, repairs or renewals, or possible new construction by the Railroad Company. 7. SALE OF RIGHT 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 LINE AGREEMENT INS S. 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 of 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 to- move—enti y-off-8€=$aid--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) days notice in writing to the Licensee of its intention to terminate the same, and at the expiration of said thirty (30) days notice the license herein granted shall terminate and be at an end, 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 sarne to its original condition to the satisfPction of the Railroad Company; and if the Licensee fails so to do the Railroad Company may do such Rork 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. AGREEMENT 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. 91 PIPE LINE AGREEMENT 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 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 provided, --- uld-the-Licensewenter-upon,- or perform any work upon t a ngirt 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 SHORT LINE RAILROAD COMPANY Witness: UNION PACIFIC LROAD COMPANY - - ._...... - .................. _..l. B _...... _. . General ager The foregoing agreement is acce ed upon the terms stated and executed by the Mayor of the City f Meridian, Idaho, and attested by the Clerk on this .W day of 1976, pursuant to authority vested in said yor byla resolution duly passed and adopted by the City, Council of the City of Meridian, Idaho, on the �pf day of 197,0. CITY OF MERIDIAN, IDAHO �N(1. 1fl ..i � � �_• I 1 z`� J7 rt 11' 0 Jill,o `R �p N o. 3 =� 49'i G 1 DE JACKED 'w;, (CAVA TION WITHIN 3 • 'iQM CENTERLINE OR PERMITTED. Nit OWER A `ern VJ ar V 'r..= .. r 'iC ti.G: t'2w,_vaAr pips 46 'FOS - _ 1 •- a:. Iro IoZOM a $100757 R ' MI MM 12-9-1775 DAB 0 a STEVEN A. GOODSELL GENERAL SOLICITOR NORMAN W. KETTNER ASST. GEN. SOLICITOR UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT 10 SOUTH MAIN STREET SALT LAKE CITY. UTAH 84101 (801) 383-1434 J. CLARE WILLIAMS - GENERAL ATTORNEY RONALD W. EUBANKS JANE R. SEYMOUR ATTORNEYS June 24, 1977 City of Meridian Meridian, Idaho 83642 Gentlemen: Re: Agreement LD No. 22563 CITY OF MERIDIAN Water Pipe Line Crossing Meridian, Idaho (MP 5-458.14) Your fully executed counterpart original of the above agreement is sent you herewith for your records. Very truly yours, -j -,-W vv CJS _ Steven A. Goodsell 0 U \ Water Pipe Line Crossing PIPE LINE AGREE:IIRNT L. D. No. 22.563 Audit No. THIS AGREEMENT, made and entered into this 20 day ofA_1V%C__ 1977 , by and between — — — — — — — — - — — ,, � OREGON SHORT LINE RAILROAD COMPANY, a corporation of the State of Utah, and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State of Utah, (hereinafter collectively called•"Railroad Company"), parties of the first part, and CITY OF MJ=IAN, a municipal corporation of the State of Idahor (hereinafter called "Licensee"), party of the second part, WITNESSETH: WHEREAS, the Licensee desires to construct and thereafter maintain and operate a water pipe line (hereinafter called "pipe line") extending underground across the right of way and underneath the roadbed and track of the Railroad Company at MP B-458.14, at Meridian, Idaho, in the location described as follows, to -wit: Said pipe line is to cross center line of track at right angles thereto at Engineer's Station 1846 -h 68.5, which is 2666.9 feet westerly, measured along said center line, from its intersection with the east line•of Section 12, Township 3 Forth, Range 1 Vest, Boise Meridian, substantially in the location shown in yellow on the attached print, dated July 981973, marked Exhibit "A", and hereby made a part hereof. • 0 IT IS THEREFORE AGREED, by and between the parties hereto as follows, to -wit: 1. RAILROAD C031PANY GRANTS RIGHT TO LICENSEE: ` The Railroad Company does hereby grant unto the Licensee the right to con- struct and thereafter, during the term hereof, to maintain and operate the said pipe Iine in the location hereinbefore described, which grant is made expressly subject to the observance and performance by the Licensee of all and singular the conditions, covenants and agreements --hereinafter contained to be the licensee kept, observed SATE 0RfGTW - UC85 PIPE LINE AGREEMENT 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. L SIZE AND HIND OF PIPE: The said pipe line where it crosses underneath the said roadbed and track shall be constructed of 14 -inch PW water line, encased in 64' pipe with an internal diameter of fourteen (14) inches t boft 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 E%PENSE: 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. 6. 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 work 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 representative. The Railroad Company shall have the right, if it so elects, to provide such support 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 days 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 WITH 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, maintenance, repairs or renewals, or possible new construction by the Railroad Company. 7. SALE OF RIGHT 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. 2 t Of CM i 84 PIPE LINE AGREEMENT S. 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 of 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) days notice in writing to the Licensee of its intention to terminate the same, and at the expiration of said thirty (30) days notice the license herein granted shall terminate and be at an end, 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. AGREEMENT 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. 3 PIPE LINE AGREEMENT 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 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. 16. 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. EFFECITVE 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 provided, 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 SHORT LINE RAILROAD COMPANY, Witness: UNION PAC[FiC OAD COMPANY la.._.. _ _ .»_. By -- 4C4.........._ .._ General '- ager e foregoing agreemen is acce d upon the terms stated sad executed by the yor of City of Meridian, Idaho and attested by the Clerk, on this �day of 1977, pursuant to authority vested in said Mayor y a resolution duly passed and adopted by the City Council of tha City of Meridian, Idaho, on the 9 a 7 -7 - Atte Atte 11 rk .., z. .. _,.'� _ .�!• 1 . ,� ,n "yr *A 'Y�i•�'; p�a4�Ci'h�'FS F"tai .. y..^ .r, �:'cc'":. i. r . �' '� .2664,:• 9 �o E'�f ; S¢,c /1. NQ -..��Q _ _. _.. _. • ... _. ._. ... «. ._ �•.itl, 1• w a -. i.. p!�x. ._w, »_ ...1° Wer. _ _ .. �. .. � � .. •-• ,* ,�e •.. --------------- 40 11MM ,�. OR " 3HOBT LIMB RlIIhRmD CO. UALiON, Paoifio B.R. CO.(LH"O) ". Boise Cut -aft 4 ori -,�, F=, _ •Y. To aooOnpaoy asragOmt With tdw i of 'IBeRIDIAN oovwias a 0. "E'H•� 1s" P.V.C. titW LIM oroOsing. . ♦ -. .}' AIM '. S"Is 1" OFBICB OF DMSIOH IWGD= POOat*110, Idaho 7-9-1973 ftt4r Lina Crossing •hd�ra Za].lar R .B. outlies" Rai t 307-1374 8 4 �, I