Loading...
HomeMy WebLinkAboutWater Crossing Agreement Union Pacific Misc Documents«.. UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT STEVEN A. GOODSELL GENERAL SOLICITOR 406 West First South P.O. Box 2459 SALT LAKE CITY, UTAH 84110 (801) 363-1454 September 24, 1982 1-ivE~~~ City of Meridian, Idaho ~~~ T ~~~~~~~ 728 Meridian Street Meridian, Idaho 83642 CI'j'~ ~~p~~ Gentlemen : /~' 6 ~v -?~-~7~ Re: Agreement LD No. 25575 CITY OF MERIDIAN, IDAHO Underground Water Line Crossing ~,~b~ Near reridian, Idaho (MP 456.56) We have prepared and attach hereto for execution the counterpart originals of the above proposed document. Each copy of the agreement should be signed by the President or some other authorized officer of your company and attested by the Secretary. PLEASE DATE THE AGREEMENT THE DAY IT IS EXECUTED, BEARING IN MIND THAT THIS DATE BECOMES THE EFFECTIVE DATE. When executed, the counterpart originals should be returned to this office in the enclosed self-addressed envelope to arrange for execution on behalf of the Railroad Company, after which your fully executed counterpart will be returned to you. At that time you will be furnished the name of the person to whom notice is to be given prior to entry on the Railroad Company's right of way in accordance with the agreement, inasmuch. as this permission will not be granted until the agreement has been fully executed. In the event it becomes necessary to replace lost or misplaced documents, a fee of $20.00 will be charged for each such document replaced. Any questions concerning this instrument should be directed to Dos. Kathy Lerch at the following telephone number: (801) 363-1544, Ext. 268. Very truly yours, Steven A. Goodsell ~ a Encls. (2) °-~-~~-~L Te~~l~®v~e~-~~~t,~.~~ cc: Mr. M. E. Merritt ~~~ 1~'~Q~~V. ~ Mr. A. L. O'Neill k~_~~t~ ~~ ~ 'g-M{~r~ .~p{ryD. J, Austin (RE 81-103) ,~ ,. ... Ia.Llu=~ .° ~~`e`P,,: ,. ~.. ~ ~.F,; :'14r .~ _ ~, a ..,. fw r ~A{"... ~. ~ ; , w _ __~. _.- '~~ ~~ ~ ~~ :`ter ~>~ mr , ,~ ~~~ ~f x-4,~q ~v~~',~-- Q~Z~! 6~~ ~~~~. ~~~~~ ~.~r~e e.: v~- ~ are $ ~ -~'.~ ~ . Underground Water Line Crossing Near Meridian, Idaho (MP 456.56) LD No. 25575 Audit No. THIS AGREEMENT, made and entered into as of the 18th day of October , 19 82 , by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (hereinafter collectively the Licensor), and CITY OF MERIDIAN, IDAHO, a municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby gives its consent to the Licensee, subject to the terms and conditions herein stated, to construct and thereafter, during the term hereof, to maintain and operate the underground water pipe line (hereinafter the Pipe Line) under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached. 2. The consent herein given is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY Ay General Manager The foregoing Agreement is accepted upon the terms stated and executed by the Mayor of the City of Meridian, Idaho, and attested by the Clerk, on this 18th day of Octp~ , 19 82 pursuant to authority vested in said Mayor by a resolution duly passed and adopted by the City Council of Meridian,. Idaho, on the 4th day of October 19 82 . Attest: CITY ~F ~lERIDIAI~, 1DAH0 L Wana L. Cl erk BY r DUPLICATE ORIGINAL - OSL-UP_ ~OP~ ` ,, oo c vi _, : ~ • ,. o ~ . ti, o ~ .3 ~ ~ ~ rf ~ '~ N v O a ~ m ^ ~ v ~ V ~ ~ ..c v •/ i1 7a .. . ~ ~ ~ ~, , C 41 Q ~ 1 V ~ ~ ~ ` M ~ .r „~ ~ ..' - ~. . Va~+~ ~ O o O t ?I a o4 • ~. ~' N : dl pq 4 w.. ~~ 'c - ~- ~ - ° ~ ~"1 N p - ~D p iA b ~ _ . _ -_. - t~Y CQi _ C -. ~ _ - ,. i • ~ - - .-_,..... ~ ~~ ~~~ 71cA Ri hf ~/ W frntr, Q SJlO/fdt B QJ1 it-e...' ~ , (~~~^777 ~ ."..~. _yj emu :r I ' 'S' __ ' ; ~ ~._ - +#~ r„r -' - ...._ ' To 1JAMi?q - - - ' ' ~~ !±s*,~_ :~ I xa d To ORC-xtaRD -----~ ~---630' to W. Line Sec. 8 j -~ ,"~.-- ;:~ :- .•~ ~ ~ T.3 N., R.1 E., B.M ~ i ~ _ - _ , _ _ ~_ ~ . ' ~ ~- • .- _- r: .- - -_~. - - . - ~„ ~_ - - Q~ ~ • -. ?+, • OREGON SHORT LINE RAILROAD COMPANY - C ~ ~ ~- and Union Pacific Railroad Compan? • F' ti ,~ Boise Cut-Off ~ ~ M.P. 456.56 ~ ~ o ~ g Near Meridian Idaho !. o e , + ~ ~ ~ To accompany agreement with CZTY _t - °~' c •o ~ ~ OF MERIDIAN, IDAHO covering an -~ '~~'~-° ~ ~ ~ ~ - ~ underground water line crossing. ~~~-~ ~ ~ _ " ` ~ - ~ ° ' °o Scale: I" - 100' •c'= •~ ~ ~ ~ .. `' ~ c Office of District Real Estate Dir.. '~-~.. e ~ ~ ~ P Salt Lake City, Utah Aug. 9, 1982 +r..r e ~' ~r O~ ~ C ~~ "`- . ~ 3 3 - *LEGEND*' ~ ~ ~ ~:.~ ~ ~ o U.G. Water Line X-ing shown YB'LTAW ~ v ~ v ~ ~ Railroad R/W outlined RED ~ Drawing No. x•4468 D EXHIBIT 8 6ection 2. C~ISTRUCTION MAINTENANCE AND OPERATION. The Pipe Line steal be cons uucted, operated, maintained, repaired, renewed, modified andJor reconstructed by.the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licenser's Chief Engineer. In the event such Speci- fication conflicts in any respect with the requirerents of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but 3.n all other respects the Specification shall apply. All work performed i.n connection with the construction, maintenance, repair, re- newal, modification or reconstruction of the Pipe Line shall be done to the satisfaction of the Licensor. Prior to the commencement of any work in connection with the construction, main- tenance, repair, renewal, modifications relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licenser's operations, and shall not proceed with the work until such plans have been approved by the Chief Engineer of the Licensor. The Licensor 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 of construo- tion, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs plus ten percent (l0i) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent satinet of the ground. Section 3. NOTICE OF COMASENCEMENT OF WORK. The Licensee shall notify the Licensor at least forty-eirht (d B) hours in advance of the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. All such work shall be prosecuted diligently to completion. Section d. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee she 1 bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section 5. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipe Lrne an a parts thereoY s al a constructed and, at all times, main- tained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 6. CLAIMS AND LIENS FOR LADOR AND MATERIALi TAXES. The Licensee shall fully pay for ail materials and labor performed in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit oz suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the Licenser's property for any work done or materials fur- nished at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. Section 7. LIABILITY. The Li-- censee shall indemnify and•hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, oz against and from damage to or loss or destruction of property ~:hat- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody), when such injury, death, loss, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, sent O e 1 of 7 or in any other vay whatsoever is due to, or arises because of, the existence of Ne Pipe Line or the construction, operation, maintenance, repair, renewal, nwdification, zeconatruo- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except whcfn caused directly and solely by the negligence of the Licensor and such other companies, their officers, agents or employes). The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liability for damages on account of injury to the Pipe Line from any cause whatsoever. Section B. TERMINATION ON NONUSER OR DEFAULT. If Licensee s not use a Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant oz agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to the last known address of the Licensee. Section 9. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 10. AGREEMENT NOT TO BE ASSIGNED. The Licensee she 1 not assign this Agreement, i.n whole or in part, or the consent herein given, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer oz assignment of this Agreement or of the consent herein given, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 11. SUCCESSORS AND ASSIGNS. Subject to the provisions upon and inure to the benefit of the successors and assigns. of Section 10 hereof, this Agreement shall be binding parties hereto, their heirs, executors, administrators, sent 2 of 2 7 October 23, 1985 Mr. Arnold E. Gumm dba MOBILE HOME RELOCATORS 606 E. 1st Street Meridian, Idaho 83642 Re: Lease dated November 1, 1984 R. W. Bienapfl - Arnold Gumm Dear Sir: I am writing you in reference to a grievance that has been brought to our attention by Union Pacific Railroad as to the unkempt condition of the lease area, in specific reference, the trash and junk mobile homes and other debris scattered and parked on said premise. We have discussed this issue with you in the past, and you agreed to take care of it. This leaves us now with a very unfavorable situation. Please be informed that unless this has been cleaned up to the satisfaction of the City of Meridian or their inspectors, on or before November 1, 1985, 'this is your notice to vacate the property within 30 days. Sincerely, ~ ~C R. W. Bienapfl cc: U.P.R.R. 1416 Dodge St. Omahoa, Nebr 68179 Attn: F. B. Sharar cc: City of Meridian City Hall Meridian, Idaho 83642 Attn: Mayor Kingsford ,~ t L ~ :.. UNION PACIFK SYSTEM April 18, 1985 Steve^ ~ Goose; Ge^e•z Soi : ~:~r Ass: Ge~+e•s SG! ~~to! Ge-~e~.: Aa~,~ney Ge- s C FG•~ey Ass; Ge~e•~ Atto~nep Mayor City of Meridian Meridian, Idaho 83642 Dear Mayor: Re: Agreement LD No. 22563 - Termination CITY OF MERIDIAN], IDAHO Water Pipe Line Crossing Meridian, Idaho (MP B-458.14) Your fully executed counterpart original of the above agreement is sent you herewith for your records. Very truly yours, ,,a ~~ '? _.~~ ~~ y~-- ~-' `t'ug''{ ~~ ~ Steven A. Goodsell 6 r r ~fm "~ TERMINATIOI~t RIDER To be attached to agreement Audit No. _12 6 3 9 9 _____ ___________-I'-D No. 2 2 5 6 3 ------------------------------------------ No. ------------------- -------------------------~- ------------------- No. -------------------------- Between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY (Collectively Railroad Company) and CITY OF MERIDIAN, IDAHO (Licensee) Present Assignee (if any) Covering Water Pipe Line Crossing Location Meridian, Idaho (MP B-458.14) Dated ___June -2 0 , 19 7 7 _ Effective Date __ June 2 0 ,-19 7 7 Ex iration Ori 'nal Indefinite - ------------------ p ( ~ ) ------------------------ Expiration (by Iatest extension) _____________________________________________-- IT IS HEREBY MUTUALLY AGREED by and between the present parties to the above named agreement that the same shall be and hereby is terminated effective ______June__2_0_____________________________________~ 19_ 7 7_ PROVIDED, however, that such termination shall not affect any of the rights or obligations of the parties to said agreement which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Special Provisions February 26 85 Dated_____________________________________ 19________. Made in duplicate. OREGON SHORT LINE RAILROAD COMPANY VVitness:~ ULV IOiv P1iC C: t:iii->L Cvrirtiiv ~- ------------ - ---- ; ----- ------ =----------------- BY ----------------- The foregoing agreement is accepted upon the terms stated and executed by the Mayor of the Cit of Meridian, Idaho,~nd attested by the Clerk, on this~~ day of ~; c'l~ 19~, pursuant to authority vested in said Mayor by a resolution duly passed and >ado ted by the C'ty Council of the City of Meridian, Idaho, on the day of ~G'+`G"" ~~ 19 ~ S', CITY OF MERIDIAN, IDAHO By Mayor DUPLICATE ORIGINAL - LfCENSEE'S COPS( STEVEN A. GOODSELL GENERAL SOLICITOR UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT ~, r` ~Tanuary 3 , 19 8 3 The City of Meridian 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Re: Agreement LD No. 25613 CITY OF MERIDIAN Underground Sewer Line Crossing Peridian, Idaho (MP 456.55) 406 West First South P.O. Box 2459 SALT LAKE CITY, UTAH 84110 (80t1 363-ta5a Your fully executed counterpart original of the above agreement is sent you herewith for your records. Before commencing the above work, the person to whom notice is to be given in accordance with the agreement is: Mr. G. r^^. Hite, UPRR Division Engineer, P. 0. Box 790, Pocatello, Idaho 83201, Phone: (208) 236-5314 or (208) 236-5369. Very truly yours, Steven A. Goodsell K Sewer Line Crossing L.D. No. 25613 Near Meridian, Idaho (M.P. 456.55) Audit No. '~ THIS AGRE M NT, made and entered into as of the ~' ~ day of _~ , 1982, by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (herein- after collectively the Licensor), and CITY OF MERIDIAN, a municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee, subject to the terms and conditions herein stated, the right to construct and thereafter, during the term hereof, to maintain and operate the underground sewer pipe line (hereinafter the pipe Line) across the property and under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached and by this reference incorporated herein. 2. The grant herein made is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herea.n. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNTON+,PACIF~C RAILROAD COMPANY The foregoing Agreement is accepted stated and executed by the Mayor of the City o and attested by the Clerk, on this 25~ day pursuant to authority vested in said Mayor by duly passed and adopted by the City Council of on the 18th day of October 19 8 Attest: Clerk rai Manager upon the terms f Meridian, Idaho, o f Oc-~]~ , 19 8 2 , a resolution Meridian, IDAHO, CITY/OF MERIDIAN, _ IDAHO By yor ~i~PL~C~`~r t E ~,;sG,,'`~~;~,~.' - L;~~; ~rS~E'S COSY A 1 The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property in the performance of its public duty as a common carrier, and is also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate rail- road tracks, signal, communication or other wire lines, pipe lines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. The Pipe Line shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with IInion Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licensor's Chief Engineer. In the event such Speci- fication conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe. Line shall be done under the supervision and to the satisfaction of the Licensor. Prior to the commencement of any work in conndction with the construction, main- tenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Chief Engineer of the Licensor and then only under the supervision of the Chief Engineer or his authorized representative. The Licensor 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 of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs plus ten percent (10$) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. The Licensee shall notify the Licensor at least forty-eight (48) hours in advance of the commencement of any work upon property of the Licensor in connection with the construc- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section 5. RELOCATION OR REMOVAL OF PIPE LINE. The license herein granted is s sect to the needs and requirements of the Licensor in the operation of its zailroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of the Pipe Line to such new location or (unless the Pipe Line extends entirely across the property of the Licensor) remove the Pipe Line from such property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action neces- sary or desirable. All the terms, conditions and stipulations herein expressed with reference to the Pipe Line on property of the Licensor in the location hereinbefore described shall, so far as the Pipe Line remains on the property, apply to the Pipe Line as modified, changed or relocated within the contemplation of this section. :bE 't~~0 'age 1 of 3 /77 E ~ Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION, The Pipe Line and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. CLAIMS AND LIENS FOR LABOR AND MATERIAL] TAXES. The Licensee al fully pay or all materia joined or affixed to and labor per- formed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit or suffer any mechanic's or materialman'a lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipe Line, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipe Line or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay~to the Licensgr an equitable proportion of such taxes determined by the value of the Licen- see s property upon property of the Licensor as compared with the entire value of such property. Section 8. RESTORATION OF LZCENSOR'S PROPERTY. In t e event t e Licensee s all t e down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construc- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line, then and in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employes, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatso- ever, when such injury, death, damage, .loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 9. LIABILITY. The Licensee shall indemnify and hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or against and from damage to or loss or destruction of property what- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody), when such injury, death, loss, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construction, operation, maintenance, repair, renewal, modification, reconstruc- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except when caused directly and solely by the negligence of the Licensor and such other companies, their officers, agents or employes). The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liabili- ty for damages on account of injury to the Pipe Line from any cause whatsoever. Section 10. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein granted or the Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to the last known address of the Licensee, Hb0 age 2 of 3 X77 N `~ Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Wit in ninety ays a ter the termination o tha.s Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipe Line from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good condition as they were in at the time of the construction of the Pipe Line. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipe Line located underneath its roadbed and track or tracks and restore such roadbed to as good condition as it was in at the time of the construction of the Pipe Line, or it may permit the Licensee to do such work of removal and restoration under the supervision of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor-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 other- wise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. - The waiver y the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. AGREEMENT NOT TO BE ASSIGNED. The Licensee s a 1 not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 14. SUCCESSORS AND ASSIGNS. Subject to the provisions upon and inure to the benefit of the successors and assigns. of Section 13 hereof, this Agreement shall be binding parties hereto, their heirs, executors, administrators, 460 ige 3 of 3 '77 0 ~ ti - ~ 3 o w .. Q' ~ ~ ! Y r- ~ ' 3C ~ r~ ~ v a ~ .C - v a „ C +~ a ,a r 3 ~ ~ o O .? a~ ¢~ v~ .C O d' ~ - U ~ ~ ~ ~ ~ ~ ~ _ -- ~ ~ ~ ~ ~ ~~ ~ ""'' p v - - - C ~ ^ 3 ___ ti.7 N t'J e+1 ~D to V _ ~ -o C • k ~ (Yi O K _ ~ L ~ ~ - • C~ - ~ O r' ~- -- -- - •,ra•p,1ch Ri hf ~/ W Fcnt~, 4 SfrondS $.B.t1~' ._-. . - ' ~ ~ ~ - ,~. ,~ :, _ ~ _ - _ -~ ~ - - ~ I +~ - --- ._ _ 645' to W. Li ne Sec. 8 r ~ ; ; ~ . ~ - ~ T.3 N . R 1 E B M - ~ ~ ~ _ ~ r ,, - . ., . . ~ _ y _ L - - _ ~., . ._ - - s _ , : -•w ~~- -- ~, 0 ' -~_ ~~~ Exhibit "A" _ ,,,,~ ~ ~ R _ ~, '~ ~ ~ OREGON SHORT LINE RAILROAD COMPANY ~ -: ~ - ~ ~ ~ ~ and Union Pacific Railroad Company s r - }, 4 ' "~ ~ Swiss Cut-Cff ~ M.P. 456.55 ~ j :dear Keridian Idaho i ~ _ o ~ ~ ~ l _ _ ~ , °o °: _ To accompany agreement with CITY ' ~ .` ao ~ OF MERIDIAN, IDAHO covering an ... _ ~ c, ~. °~ ~ ' ~ underground sewer line crossing. : .:~~ ~ ~ 3 ac ~ of c "~~: o - ` a * o Scale: 1" - 100' ._~~ _ ,_~ ~ . v ~. _ ~, o "''`= ~'_ ' y ~ Office of District Real Estate Dir, ~ :;L ~ ~ ~ ~ Salt Lake City, Utan Aug. 9, 1952 O Q - a , ~o Q, ~ a ~ U.G. Sewer Line X-ing shown YELLGtu ~-~ ~ ~ Railroad RjW outlined RED - - -~ -••- Drawing No. A-4469 D STEVEN A. GOODSELL GENERAL SOLICITOR UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT ~-_"" ~Tanuary 3 , 19 8 3 The City of Meridian 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Re: Agreement LD No. 25613 CITY OF MERIDIAN Underground Sewer Line Crossing Meridian, Idaho (MP 456.55) 406 West First South PO. Box 2459 SALT LAKE CITY, UTAH 84110 (801) 3fi3-1454 Your fully executed counterpart original of the above agreement is sent you herewith for your records. Before commencing the above work, the person to whom notice is to be given in accordance with the agreement is: Mr. G. r^^. Hite, UPRR Division Engineer, P. O. Box 790, Pocatello, Idaho 83201, Phone: (208) 236-5314 or (208) 236-5369. Very truly yours, ,.:~,~,~ Steven A. Goodsell K. ~` Sewer Line Crossing L.D. No. 25613 Near Meridian, Idaho (M.P. 456.55) Audit No. THIS AGRE M NT, made and entered into as of the ~~~ day of ~ 1982, by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (herein- after collectively the Licensor), and CITY OF MERIDIAN, a municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee, subject to the terms and conditions herein stated, the right to construct and thereafter, during the term hereof, to maintain and operate the underground sewer pipe line (hereinafter the ?ipe Line) across the property and under the track of the Licensor in the location identified by yellow line, and in conformity-with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached and by this reference incorporated herein. 2. The grant herein made is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated he~ei.n. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNION~,PACIF~C RAILROAD COMPANY By The foregoing Agreement is accepted stated and executed by the Mayor of the City o and attested by the Clerk, on this 25th day pursuant to authority vested in said Mayor by duly passed and adopted by the City Council of on the 18th day of October Attest: C d B Clerk eneral' Manager upon the terms f Meridian, Idaho, o f October 19 8 2 , a resolution Meridian, IDAHO, ~~lPL~C1-~i ~ Ofys'~~°~~r",~: - ~,i~~~'JS~E'S CO~~ I A EXHIBIT B The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property in the performance of its public duty as a common carrier, and is also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate rail- road tracks, signal, communication or other wire lines, pipe lines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2: CONSTRUCTION, MAINTENANCE AND OPERATION. The Pipe Line shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licensor's Chief Engineer. Zn the event such Speci- fication conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line shall be done under the supervision and to the satisfaction of the Licensor. Prior to the commencement of any work in connection with the construction, main- tenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Chief Engineer of the Licensor and then only under the supervision of the Chief Engineer or his authorized representative. The Licensor 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 of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs plus ten percent (10$) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. The Licensee shall notify the Licensor at least forty-eight (48) hours in advance of the commencement of any work upon property of the Licensor in connection with the construc- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and 'all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section 5. RELOCATION OR REMOVAL OF PIPE LINE. The license herein granted is s sect to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of the Pipe Line to such new location or (unless the Pipe Line extends entirely across the property of the Licensor) remove the Pipe Line from such property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action neces- sary or desirable. All the terms, conditions and stipulations herein expressed with reference to the Pipe Line on property of the Licensor in the location hereinbefore described shall, so far as the Pipe Line remains on the property, apply to the Pipe Line as modified, changed or relocated within the contemplation of this section. :6E 'Mb0 'age 1 of 3 '/77 E Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipe Line and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. CLAIMS AND LZENS FOR LABOR AND MATERIAL: TAXES. The Licensee al fully pay for all materia joined or affixed to and labor per- formed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipe Line, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipe Line or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensgr an equitable proportion of such taxes determined by the value of the Licen- see's property upon property of the Licensor as compared with the entire value of such property. Section 8. RESTORATION OF LICENSOR'S PROPERTY. In t e event t e Licensee s a 1 t e down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construo- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line, then and in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employes, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatso- ever, when such injury, death, damage, .loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 9. LIABILITY. The Li ensee shall indemnify and hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or against and from damage to or loss or destruction of property what- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody), when such injury, death, loss, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construction, operation, maintenance, repair, renewal, modification, reconstruc- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except when caused directly and solely by the negligence of the Licensor and such other companies, their ,officers, agents or employes). The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liabili- ty for damages on account of injury to the Pipe Line from any cause whatsoever. Section 10. TERMINATION CN NONUSER OR DEFAULT. If the Licensee does not use the right herein granted or the Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to the last known address of the Licensee. Kb0 ige 2 of 3 X77 N `` Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Wit in ninety ays a ter the termination o this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipe Line from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good condition as they were in at the time of the construction of the Pipe Line. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipe Line located underneath its roadbed and track or tracks and restore such roadbed to as good condition as it was in at the time of the construction of the Pipe Line, or it may permit the Licensee to do such work of removal and restoration under the supervision of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor 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 other- wise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver y the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. AGREEMENT NOT TO BE ASSIGNED. The Licensee sal not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 14. SUCCESSORS AND ASSIGNS. Subject to the provisions upon and inure to the benefit of the successors and assigns. of Section 13 hereof, this Agreement shall be binding parties hereto, their heirs, executors, administrators, 4b0 age 3 of 3 X77 ` - ~ O ~ ~Y ~ G N `~ ~ ~ i `~ ~C ~ ` 4 4 Q ~! d ''' ~ L rl rl -' ..c ,a ~ m '~ ~ C d ~.i II -~ o _ a i c-?~ _ '~ (~ w ~.a ~ sn v c , a ~a ~ _ ~ -. - I~ _ - ~ ~ ~ L O CA CC - ~ ~ 1 • ~ fA - ° ~, - - ~ - ~ ~ W N C! t+1 ~O t!3 V _ S _ o ~ X Oi R: ~ ~ - .a _ r,, • q ~o _ L C~ O - N S~ f ~ N oo ^- _, _ ~ ~' ~ ~, ~ ~. r ~ '-_ ~ :.. - _ - ~, J...~r ~ "-'- --~-i ! •,~°'D,fch Ri hf ~f W- Ftnt~ 4SfrondS B.B..~` . . I 'k"" - ~, ~ ~ ~~.,~~,~ F _ - __ ~ _ 1 iii _ . -~ --- -- t +=- To UAMPq - -.~,.~ - "~ ""' To ORC1~A-RD --~ y.- t t - ~ ~ -- 645' to W. Line Sec . S ~ ~- e I ^. ~ - ~ - ~ : T 3 N R l E B M - . ., . . ., . ~ - ] 'L ;- ' _ _ - - - - . .. ~~ r k' ~". ~'j - ~ ~ ~ ~•`"~ Exhibit "A" ' ,..~. _ - ~ __ ~y°<. s :. _ ~ ~ ~ _ ~ OREGON SHORT LTHE RAILROAD COMPANY I .. -- ~- _ - ~ - ~ ~ , and Union Pacific Railroad Company i _ ;~ - F ~ ~ ~ " ~ Boise Cut-Off _ ~ M.P. 45b.55 v ,~ ~ Near Meridian, Idaho ~ ~ o v I~ - _ ~ ~ o o ~ , To accompany agreement with CITY - + ~ h ~ ---- OF MERIDIAN, IDAHO covering an ~ °; c °aI ~ ° underground sewer line crossing. '^-: _~ - c yam. ~ a - ~ ~ ~ - 4 ~ Scale: 1" - 100` __ o ~ . v o i a o " ~^-4' _ . . `' "'f ~ Office of District steal Estate Dir. ~, _ t - ~~~ a ~ v Salt Lake City, Utah Aug. 9 1'33:? a ~ , i ~~ c o -= ~ ~ q a ~ c *LEGEND* i Q ~' . o„ c _- ~ _ i c ~ _ ~ ~3 _ a ~ U.G. Sewer Line X-ing shown YELLCi,r "~ ~ =-~ ~ ~ Railroad R/W outlined RED ~ ~ , -~ ~ v Drawing No. A-4469 D k UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT STEVEN A. GOODSELL 406 West First South GENERAL SOLICITOR P.O. Box 2459 SALT LAKE CITY, UTAH 84110 (801) 363-1454 October 7, 1982 _" a` The City of Meridian '~` ~ 728 Meridian Street Meridian, Idaho 83642 ~~ Gentlemen- Re: L.D, No. 25613 CITY OF MERIDIAN Underground sewer line cross ng. Meridian, Idaho (M.P. 456.55) Enclosed are the duplicate originals of the above- named agreement. Please have both. copies of the agreement signed by the Mayor, attested by the Clerk and returned in the enclosed, self-addressed envelope. We shall then have the agreement signed on behalf of the Railroad Company, after which your fully executed copy will be mailed to you. At that time you will be burn,shed with the name of the person to whom notice is to be given: prior to entry on the Railroad Company's right of way in accordance with the agreement, inasmuch as this permission will not be granted until the agreement has been fully executed. THE. AGREEMENT SHOULD BE DATED THE DAY IT IS EXECUTED THIS DATE WILL THEN BECOME THE EFFECTIVE DATE. If you should. lose or misplace either or both copies of the Agrement, a fee of $20..00 will be charged for each such document replaced. Tease call Mr. Fred Moir at (.801) 363-1544, Extension 268 if you have any questions about the enclosed papers. Very truly yours, Steven A. Goodsell FM ~y,~ Enclosures cc: Mr. M. E. Merritt - Portland Mr. A. L. O'Neill - Pocatello Mr. D. J. Austin - Salt Lake City (RE 82-207) Sewer Line Crossing L.D. No. 25613 Near Meridian, Idaho (M.P. 456.55) Audit No. THIS AGREEMENT, made and entered into as of the day of , 1982, by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (herein- after collectively the Licensor), and CITY OF MERIDIAN, a .municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee, subject to the terms and conditions herein stated, the right to construct and thereafter, during the term hereof, to maintain .and operate the underground sewer pipe line (hereinafter the pipe Line) across the property and under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached and by this reference incorporated herein. 2. The grant herein made is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY By Genera Manager The foregoing Agreement is accepted upon the terms stated and executed by the Mayor of the City of Meridian, Idaho, and attested by the Clerk, on this 25~ day of October , 1982, pursuant to authority vested in said Mayor by a resolution duly passed and adopted by the City Council of Meridian, IDAHO, on the 18th day of October 19 8 Attest: CLTX/OF J~CERID ,, IDAHO Clerk By Mayor UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT STEVEN A. GOODSELL GENERAL SOLICITOR 406 West Rrst South PO. Box 2459 SALT LAKE CITY, UTAH 84110 (801) 363-1454 October 7, 1982 The City of Meridian 728 Meridian Street Meridian, Idaho 83642 Gentlemen; Re: L.D. No. 25613 CITY OF MERIDIAN Underground sewer line crossing. Meridian, Tdaho (M.P. 456.55) Enclosed are the duplicate originals of the above- named agreement. please have both. copies of the agreement signed by the MaXo~, attested by the Clerk and returned in the enclosed, self addressed envelope. We shall then have the agreement signed on behalf of the Railroad Company, after which your fully executed copy will be mailed to you. At that time you will be furnished with the name of the person to whom notice is to be given prior to entry on the Railroad Company's right of way in accordance with the agreement, inasmuch as this permission will not be granted until the agreement has been fully executed. THE AGREEMENT SHOULD BE DATED THE DAY IT IS EXECUTED; TH.~S DATE (n1ILL THEN BECOME THE EFFECTIVE DATE. x~ you shquld lose or misplace either or both copies of the Agrement, a fee of $20.00 will be charged for each such document replaced. please call Mr. Fred Moir at (801) 363-1544, Extension 268 if you have any questions about the enclosed papers. Very truly yours, Steven A. Goodsell FM Enclosures ~~ cc: Mr. M. E. Merritt - Portland Mr. A. L. O'Neill - Pocatello Mr. D. J. Austin - Salt Lake City (RE 82-207) :~..~~~' ~~~ ~~ ~ ~ ~~~ / /~ ~ Sewer Line Crossing L.D. No. 25613 Near Meridian, Idaho (M.P. 456.55) Audit No. THIS AGREEMENT, made and entered into as of the day of 1982, by and between OREGON SHOT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (herein- after collectively the Licensor), and CITY OF MERIDIAN, a municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee, subject to the terms and conditions herein stated, the right to construct and thereafter, during the term hereof, to maintain and operate the underground sewer pipe line (hereinafter the pipe Line) across the property and under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached and by this reference incorporated herein. 2. The grant herein made is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. OREGON SHORT LINE RAILROAD COMPANY Witness: UNION PACIFIC RAILROAD COMPANY By Genera Manager The foregoing Agreement is accepted upon the terms stated and executed by the Mayor of the City of Meridian, Idaho, and attested by the Clerk, on this day of , 1982 pursuant to authority vested in said Mayor by a resolution duly passed and adopted by the City Council of Meridian, IDAHO, on the day of 1982. Attest: Clerk CITY OF MERIDIAN, IDAHO By Mayor 1DU~LfC,~T~ L~1Gi~i~! - ra~!_ UP COSY, A EXHIBIT B The foregoing grant is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property in the performance of its public duty as a common carrier, and is also subject to the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate rail- road tracks, signal, communication or other wire lines, pipe lines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. Tha foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION MAINTENANCE AND OPERATION. The Pape Lane a ba constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, as subsequently amended, except as may be modified and approved by the Licensor's Chief Engineer. In the event such Speci- fication conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line shall be done under the supervision and to the satisfaction of the Licensor. Prior to the commencement of any work in conndction with the construction, main- tenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plane setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensoz's operations, and shall not proceed with the work until such plans have been approved by the Chief Engineer of the Licensor and then only under the supervision of the Chief Engineer or his authorized representative. The Licensor 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 of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipe Line, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs plus ten percent (10$) to cover elements of expense not capable of exact ascertainment. The Licensee shall keep and maintain the soil over the Pipe Line thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. The Licensee smell notifycensor at least forty-eight (48) hours in advance of the commencement of any work upon property of the Licensor in connection with the construc- tion, aiaintenanca, repair, renewal, modification, reconstruction, relocation or removal of t2ya Pipe Line. 1111 such Mork shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee s al bear the entare cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipe Line, including any and all expense which may be incurred by the Licensor in connection therewith for supervision or inspection, or otherwise. Section 5. RELOCATION OR REMOVAL OF PIPE LINE. The acense erean grante as s sect to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, move all or any portion of the Pipe Line to such new location or (unless the Pipe Line extends entirely across the property of the Licensor) remove the Pipe Line from such property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action neces- sary or desirable. All the terms, conditions and stipulations herein expressed with reference to the Pipe Line on property of the Licensor in the location hereinbefore described shall, so far as the Pipe Line remains on the property, apply to the Pipe Line as modified, changed oz relocated within the contemplation of this section. aE r~to age 1 of 3 /77 E Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipe L ne and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. CLAIMS AND LIENS FOR LA80R AND MATERIALi TA?O:S. The censee y pay or a mater a oined or affixed to and labor per- formed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipe Line, and shall not permit oz suffer any mechanic's or n+atezialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipe Line, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipe Line or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensgr an equitable proportion of such taxes determined by the value of the Licen- see's property upon property of the Licensor as compared with the entire value of such property. Section 8. RESTORATION OF LICENSOR'S PROPERTY. In t e event a Licensee s a t e down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construc- tion, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipe Line, then and in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employes, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatso- ever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 9. LIABILITY. The L censee shall indemnify and hold harmless the Licensor and other companies which use the property of the Licensor, their officers, agents and employes, against and Eros any and all liability, loss, damage, claiena, demands, costs and expenses of whatsoever nature, including court costs and attorneys• fees, which may result from injury to or death of persons whomsoever, or against and from damage to or loss or destruction of property what- soever (including damage to the roadbed, tracks, equipment or other property of the Licensor and such other companies or property in their care or custody), when such injury, death, loss, destruction or damage is due to or arises from the bursting of or leaks in the Pipe Line, or in any other way whatsoever is due to, or arises because of, the existence of the Pipe Line or the construction, operation, maintenance, repair, renewal, modification, reconstruc- tion, relocation or removal of the Pipe Line or any part thereof, or to the contents therein or therefrom (except when caused directly and solely by the negligence of the Licensor and such other companies, their officers, agents or employes). The Licensee does hereby release the Licensor and such other companies, their officers, agents and employes, from all liabili- ty for damages on account of injury to the Pipe Line from any cause whatsoever. Section 10. TERMINATION ON NONUSER OR DEFAULT. If the Licensee does not use the right herein granted or the Pipe Line for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith terminate this Agreement. Notice of default and notice of termination may be served upon the Licensee by mailing to the last known address of the Licensee. 2 of 3 N Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Wit in n nety ays a ter a termination o is Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipe Line from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good condition as they were in at the time of the construction of the Pipe Line. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipe Line located underneath its roadbed and track or tracks and restore such roadbed to as good condition as it was in at the time of the constructioa of the Pipe Line, or it may permit the Licensee to do such work of removal and restoration under the supervision of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licenses 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 other- wise, that the Licensor may have against the Licensee. Section 12. WAIVER OP BREACH. The waiver y e Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any subsequent breach thereof. Section 13. AGREEMENT NOT TO SE ASSIGNED. The Licensee a not ass gn this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is. agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 14. SUCCESSORS AND ASSIGNS. Subject to t e provisions of Section 13 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. ~,:~: , 3 of 3 . ~ ~ O p ` ~ o 'J ~ - ~ 3 -- 41 ' - ~ ~ '~ ~ b ~ ~ Yd ~ ~ O ~ A? 'L' C ~' - r ~ C~ vd 1.1 a~~e ~ . r q ~ ~ e ~ +?' ' a 1 ~ ~ G d ':' ~e v ' ~- O o0 CC - - _ r - •- ~ ~ ors ao a ..i O ~ - ~ _ W N 4! M t.i _ w . _ '3 -' ~ ~ . .a ~ - d m N ~ -a1-. -~ ~ s ~~ - •.••,. •j"'• ~ ---- ~ ~ • ' "~ -- -.~ ~~ s D ,1ch Qi M ~~ W fM[!, Q j1rOnIJ B.6J try- ~ _. ~ -~'' ~ 'r~ - r ` J'~ . ~ ~ r~~ ~ ~ I - i ~i '+--~ TO UAtr1PA "' ~;. ' '" ;i' ~ ~ ~ - TO ORCHARQ .•: --645' to W. L ine Sec. 8 ( ~ - ~ ~ - j ~ T.3 N., R.1 E., ~ ~ B.M. :~ - _ - ' - ~ , . _ _ _ .. . ~"~ ~+ Y _ - - ~r _ ,~ ~ ~. ..-~~ Exhibit "A" • - ' _ ~~ g.:. _ • ~ ~ _, OREGON SHORT LINE RAILROAD COMPAPJY -• ~-: '- - - ~ - ~.,v, ~ and Union Pacific Railroad Company . : ~ ~• ~ " Boise Cut-Off - ~ M.P. 456.55 v ~ Near Meridian, Idaho -, - o ~ g _ c ~ - To accompany agreement with CITY ' ~ ` ~ OF MERIDI?~N, IDA.~iO covering an ; v o °8 ~ underground sewer line crossing. L _- ' - '~ ° --~; • ~ _ ~ c Scale : 1" 100' ~} - - Z` v o ~ ~-:-_°~'~ . ~ ~ ,,,, ~ Office of District Real Estate Dir. ~ ~ ~;= ~ C ~ v v Salt Lake City, Utah Aug. 9, 19Q' ~, ~ , ~ ~ 3 'b ~ r ~ ~ U.G. Sewer Line X-ing shown YELLGW ~= .4 ~ a Railroad R/W outlined RED , Drawing *Io. A-4469 D UNION PACIFIC RAILROAD COMPANY LAW DEPARTMENT STEVEN A. GOODSELL GENERAL SOLICITOR September 24, 1982 City of Meridian, Idaho 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Re: Agreement LD No. 25575 CITY OF MERIDIAN, IDAHO Underground Water Line Crossing Near Meridian, Idaho (MP 456.56) 406 West First South P.O Box 2459 SALT LAKE CITY, UTAH 84110 (801) 363-1454 We have prepared and attach hereto for execution the counterpart originals of the above proposed document. Each copy of the agreement should be signed by the President or some other authorized officer of your company and attested by the Secretary. PLEASE DATE THE AGREEMENT THE DAY IT IS EXECUTED, BEARING IN MIND THAT THIS DATE BECOMES THE EFFECTIVE DATE. When executed, the counterpart originals should be returned to this office in the enclosed self-addressed envelope to arrange for execution on behalf of the Railroad Company, after which your fully executed counterpart will be returned to you. At that time you will be furnished the name of the person to whom notice is to be given prior to entry on the Railroad Company's right of way in accordance with the agreement, inasmuch as this permission will not be granted until the agreement has been fully executed. in the event it becomes necessary to replace lost or misplaced documents, a fee of $20.00 will be charged f_or each such document replaced. Any questions concerning this instrument should be directed to Dos. Kathy Lerch at the following telephone number: ($O1) 363-1544, Ext. 268. Very truly yours, r Steven A. Goodsell ~ Encls. (2) cc: Mr. M. Mr. A. Mr. D. vv ~.E~C!C'e E. Merritt L. O'Neill ,7. Austin (RE 81-103) .a ~~`fy DiPie~il/f1L. S~`ucrvf - ~-~, Near Meridian, Idaho (MP 456.56) Audit No. - THIS AGREEMENT, made and entered into as of the day of , 19 , by and between OREGON SHORT LINE RAILROAD COMPANY and its lessee, UNION PACIFIC RAILROAD COMPANY, corporations of the State of Utah (hereinafter collectively the Licensor), and CITY OF MERIDIAN, IDAHO, a municipal corporation of the State of Idaho (hereinafter the Licensee), WITNESSETH: NOW THEREFORE, it is mutually agreed by and between the parties as follows: 1. Zn consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby gives its consent to the Licensee, subject to the terms and conditions herein stated, to construct and thereafter, during the term hereof, to maintain and operate the underground water pipe line (hereinafter the Pipe Line) under the track of the Licensor in the location identified by yellow line, and in conformity with the dimensions and specifications indicated, on the print dated August 9, 1982, marked Exhibit A, hereto attached. 2. The consent herein given is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B hereto attached and by this reference incorporated herein. 3. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the date first herein written. Witness: OREGON SHORT LINE RAILROAD COMPANY UNION PACIFIC RAILROAD COMPANY By General Manager The foregoing Agreement is accepted upon the terms stated and executed by the Mayor of the City of Meridian, Idaho, and attested by the Clerk, on this day of 19 pursuant to authority vested in said Mayor by a resolution duly passed and adopted by the City Council of Meridian,. Idaho, on the day of lg Attest: CITY OF MERIDIAN, IDAHO By Clerk Mayor DUPLICATE ORIG_1NAL - OSL-UP C0~,1; xT r~ o~~ ~~;r~ssur,;~ ~r,gr.r,~_~° A Good :ace *o T ive O ~?~~ ~, ¢~'~ Y ~ T LAWANAL.NI EMANNLCityClerk , ~ ~- ~-~~ ! A. M. K!EBERT, Tre, s,; re RICHARD D. NICHCI.::, chief of Police 7`Zb' yleridlafl Street ".RUCE D. STL'AR?, 41'ater N.'orks Supt. ~TuR17zA~i T_DA<U JCH~ O. F!TZGERALD,,;ttorney , 83642 RO ;ER WELKER, Fire C~ie+ EARL WARD, Waste Wager Supt. Phone 888-4433 30SEF~-I L. O?.1~iSYER Mayur NovemSer 19, 1981 Union Pacific Railroad John Linn Box Bl5 Meridian, ID 3362 Uear John: There has been numero±!s complaints concerning t"e concition of the railroad crossing ':ocated on Last First Stree±. Your help in this matter wou'd be greatly appreciated. '=or the Mayor and City Council Sincerely, / ~ j aJ~'ana L. Niemann ,C'~ ty Clerk ` C-'ty cf Meridian:, Ip pc: Stree~ Commissioner Bill Brew¢r COUNCILMEN RICHARD C. WILUAMS GRAN' P. KINGSFORD 61L BREWER RICHARL ~.ORTON,JR. DONALD L. SHARP Chairman ; onln~ A Plannlnp \ A ' HUB OF TREASURE L'ALLEI' A Good Place to Live OFFICIALS CITY OF MERIDIt~N LA WANA L. NIEMANN, City Clerk A. M. KIEBERT, Treasurer 728 Meridian Street ROGER SHERWIN, Chlef of Police BRUCE D. sruART, water works supt. MERIDIAN, IDAHO JOHN O. FITZGERALD, Attorney 83642 ROGER WELKER, Flre Ch1ef Phone 888-4433 EARL WARD, Waste Water Supt. JOSEPH L. GLAISYER Mayor April 17 , 1981 Mr. D. J. Austin Union Pacific Railroad Company Real Estate Department 406 west First South Salt Lake City, Utah 84101 Dear Mr. Austin: Re: Application for Pipeline Crossing Locust Grove Road Meridian, Idaho Go~s~ G~ G1 V s~c.~Nss.uw COUNCILMEN RICHARD C. WILLIAMS GRANT P. KINGSFORD BILL BREWER RICHARD F. ORTON, JR. DONALDL.SHARP Chairman Zonlnp 8 Plannlnp In accordance with my telephone conversation with Frank of your office this morning, the City of Meridian concurs with UPRR requirement that the casing pipe for the sewer and water pipe shall be 2 inches greater in inside diameter than the maximum outside diameter of the carrier pipe and that each casing pipe shall be 62 feet in length. Yo s truly, Gary D mith, P.E_ City Engineer GDS:mcw UNION PACIFIC RAI~..POA~ COIVaI'ANY REAL ESTATE DEPAPTMENT 406 Vi/EST FIRST SOUTH SALT LAKE CITY, UTAH 84f0f (80f) 963-ib44 D. J. AUSTIN D. R. SOLUM DISTRICT REAL EIiTATE DIRECTOR DISTRICT REAL ESTATE MANAGER a ~j °~ N April 14, 1981 File: RE 81-103 City of Meridian 728 Meridian Street Meridian, Idaho 83642 ATTENTION: MR. GARY D. SMITH, P.E. Dear Mr. Smith: Please refer to your letter dated March 19, 1981, concerning a domestic water line and a sanitary sewer line crossing at our MP 456.50 on our Boise Cut-Off near Meridian, Idaho. From information in your application, the crossing will meet our standards if the following conditions are met: 1. The inside diameter of the casing would be at least 2" greater than the largest outside diameter of the carrier pipe. Please note that the size of the casing pipe has not been given on the information prints submitted to this office. 2. The length of the casing should be a minimum of 62' in length instead of the proposed 56' length. If these minimum requirements cannot be met, please submit three exhibit prints to this office so that we can seek further management review. Be advised, however, that nothing in this letter represents a commitment to grant a license. I will be happy to answer any questions you may have. .. Very truly yours, D. J. Austin FBS:bj n r ~°N~ION €~ACI~'~C ~A~~~OA~ COpAxNY REAi. ESTATE DEPARTMENT' 406 WEST FIRST SOUTH SALT LAKE CITY, UTAH 84101 (801) 363-7844 D. J. AUSTIN D-~7WICT REAL 6iTATE DIRCCTOR D. R. SOLUM D18TRIC7'REAL ESTATE MANAGER April 2, 1981 File: RE 81-103 City of Meridian 728 Meridian Street Meridian, Idaho 83642 Attention: Mr. Gary D. Smith R,E, Dear Mr. Smith: Reference is made to your letter dated March lg, lggp, concerning an underground sewer line crossing at Locust Grove Road in Sec. 8T 3N lE at Meridian, Idaho. Lion for a ,~• Attached for your use is an applica- Llpe~ine crossing. Please complete the form and forward it to this office. does not constituteeabCO~itmedtthat this letter Railroad Company, on behalf of the Very truly yours, D• J. Austin Att. FBS:oj APR 6 191 ~~ OFFICIALS LA WANA L. NIEMANN, Clay Ctark A. M. KIEBERT, Treasurer ROGER SHERWIN, Chlel of Poilce BRUCE D. STUART, Water Works Supt. JOHN O FIT2GERAL0. Attorney ROGER WELKER, Flre Chlet EARL WARD, Waste Water Supt. A Good Place to Dive 728 :Meridian Street bfERIDIAIV, IDAHO 83642 Phone 883-4433 JOSEPH L. GLASSYER Mayor March 19, 1981 Mr. D.J. Austin, District Manager Real Estate Union Pacific Railroad 406 West, Ist South Salt Lake City, Utah 84101 Dear Mr. Austin: Re: Railroad Crossing Permit U.P.R_R_/Locust Grove Road Section 8, T.3N., R.IE., B.M. Meridian, Ada County, Idaho :C.~~'at I'rt~ ~..r~ COUNCILMEN RICHAROC. WILLIAMS GRANT P. KINGSFORD SILL BREWER RICHARD F. ORTON, JR. DONALD L. SHARP Chairman Zoning S P!annlnp An industrial park developer, in the City of Meridian, is extending sanitary sewer and domestic water line service from the existing City lines to his property. A part of this extension involves the underground crossing of the Union Pacific Railroad at its intersection with Locust Grove Road. One (1) copy of the Engineer's plans and specifications for this crossing is attached for your review and approval_ Five (5) copies have been sent with a copy of this letter to Mr. A. L. O'Neill. The City of Meridian has approved this utility extension. Because of the high groundwater level in the City, the developer's Engineer is endeavoring to have the construction of this utility extension completed by April 15, 1981. We would appreciate any effort you can make in expediting this request for approval through the necessary channels. If you have any questions or need additional information, please call me at 376-7330. Yours truly, CI OF MERIDIAN .__. ary D. mith, P.E. City Engineer GDS:dm Enclosure cc: Keith Stokes, P.E. Mr. A. L. O'Neill, MAR 2 3 191 ~~ ~ Superintendent OFFICIALS LA WANA L. NIEMANN, Clty Clerk. A. M. KIEBERT, Treasurer ROGER SHERWIN, Chief of Police BRUCE D. STUART, Water Works Supt. JOHN O. FIT2GERALD, Attorney ROGER WELKER, Flre Chief EARL WARD, Waste Water Supt. February 10, 1981 HUB OF TREASURE VALLEI' A Good Place to Live CITY (JF 1VIEIZII~IAN RICHARDC!WIELIAMS 728 Meridian Street GRANT P. KINGSFORD BILL BREWER MERIDIAN, IDAHO RICHARD F. ORTON, JR. 83642 DONALD L. SHARP Phone 888-4433 Chairman 2onlnp 8 Plannlnp JOSEPH L. GLAISYER Mayor Frank Sharar Union Pacific Railroad 406 W. lst South Salt Lake City, UT 84101 Dear Mr. Sharar: The City of Meridian, Idaho has the following zoning classification presently: A - Residential C - Commercial D - Industrial The zoning classification proposed is: R-4 - Low Density Residential R-8 - Medium Density Residential R-15 - High Density Residential C-N - Neighborhood Commercial C-C - Community Commerical C-G - General Retail and Service Commercial C-CBD - Central Business District Commercial L-0 - Limited Office I-L - Light Industrial Sincerely, L ana L. Niemann . City Clerk LLN/mh • FORM 132 7.79.2°M UNION PACIFIC RAILROAD COMPANY (WHITE) 1416 DODGE ST., OMAHA, NEBRASKA 68179 PLEASE REMIT TO MANAGER-BANKING OPERATIONS AT THE ABOVE ADDRESS C I`IY I~~= ~E~ IIII~~~ ~72I3 H~ I'I ~«~S ~T. ~~~SI ~3I I~i~, 1 BAH ~~~48' BILL NO. ~ °~ ~ ~"'~ MONTH'S ACCOUNT ~'+~~~~ ~ ~'~~ x I w. -:S ~ G / DATE titDa"b. '~~~.~~ ~~~St? To Aswre Proper Credit To Vour Account, Please Detach Top Portion and Include With Your Remittance ~, ~ ~Y ° - , `a 3- 8a'... A i"' ~~ vi i~3.6 ~ _ tCta ~ 4.' ~ :i .~. x 1'.:` L. • ° a:.~. 3 ~' 3- T" s'7 • i - , .~ '~ 3 ~-t~ ~Ri'~YM-.3~~ ~Vt'e. ~~ 3{"'.'_, ~i.;.°~Iri ~.Tv~~~..~~~ ~'ry l.i.. S'1 I=t:~:. 7~. ~':~ IR::' E~-f~. ~€~~ 1*~7~ Tai ..il;_, ~~:, 1~1'"> / ~ ~i9 ~. ~ ~/(/ ~.lti~ l~C/ i~~~4/ ~~ ~ ' ~ u ` e~ ~~ ~W ~ ~/~~ l ~_ ~i~~ ,. ~-,a~f .+.;.~L . ~ 3 ~% ~ PAY THIS AMO UNT d m 2 C d E L V A Q d 4 A N For further information address Manager • Ledgers & Financial Reporting, U.P.R.R. Co., 1418 Dodge St., Omaha, Nebraska 68179 UNION PACIFIC RAILROAD COMPANY BILL NO. DATE , -~ _: ~ ;:.. , ICC SUB SUB•SUB ACCT. ACCT. ACCT. AMOUNT Meridian City Hall 9 _ August 18, 1980 Czechowski stated this was very unjust in her case and another burden. She wanted her water service left on for yard care, b,.,t there is never any trash pick up. This house has been empty since August, 1979, but was not charged trash service until June, 1980 upon adoption of Sanitary Service policy. There was much discussion and disagreeri~ent. The f~1otion was made by Kingsford and seconded by Brewer that the Board of Adjusters review the request of P1rs. Jean Czechowski, 1424 (ti'. 1st St, for trash charge exemption. Motion Carried: Kingsfo~=°d, yea; Brewer, yea; Orton, yea; (Alilliams, nay. Agenda 9 Department Reports: Building Inspector Vern Schoen reported that Meridian Park Subdivision had presented a letter of request to begin construction of three model homes on Lots 15, 16 & 17, Block 4 prior to final approval of subdivision improvements. Letter stated there will be no sewer or water hookups until all improvements are comaleted and approved. Letter on file with these minutes. Stuart, (~lorks Superintendent, presented letter of items that will have to be done before water can be hooked up to any lots. Letter in file eNith these minutes. There were no other objections to allow early construction of the three lots in Meridian Park Subdivision. Schoen also stated he needed Council recommendation that someone is to build 1,086 sq. ft., but claims an unfinished space of 264, which would total the 1,350 sq. ft. policy - and someone with 800 sq. ft. of floor space, maybe a thousand, but the balance in unfinished basement.- :- - Mayor stated this is not allowed and is not the intent. Williams questioned sign at home Federal. Schoen is to investigate. Agenda 10 Engineering: Smith presented a bill from Union Pacific Pailroad Co. for temporary construction site, Phase III, EDA, agreement signed February 6, 1978. The P~1otion was made by Kingsford and seconded by Williams to allow payment to Union Pacific Railroad Co. for temporary construction site, Phase III, EDA in the amount of X62.50. ,~ Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea. Smith recommended payment of the following reimbursable bills from the construction account: Wastewater treatment plant Evergreen Sprinkler Supply Co. ~ 1~~.45 Instrumentation Specialties Co. 1,631.00 PJeptune Microfloc, Inc. 1,42(.03 $3,071.48 The Motion was made by 'villiams and seconded by Brewer to pay the bills from the con- struction account, Evergreen Sprinkler Supply Cu., X16.45; Instrumentation Specialties Co, X1,631.00; and Neptune Microfloc, Inc., $1,~t24.03. Motion Carried: b!illiams, yea; Kingsford, yea; Brewer, yea; Orton, yea. UNION PACIFIC RAILROAD COMPANY 611 IDAHO BLDG. BOISE, IDAHO 83702 g, A. GRAYSON SPECIAL REPRESENTATIVE July 29, 1980 Ms. LaWana L. Niemann, City Clerk City of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Ms. Niemann: In order that you might be fully apprised of the Union Pacific Railroad's plan for a merger with the Missouri Pacific and the Western Pacific, we are employing this method of communication. Enclosed herewith is a copy of a brochure explaining the major facets of the merger. Such a merger will enable the Union Pacific, from Idaho, to provide a new single line service to many areas. This will result in a faster more efficient delivery for Idaho shippers as well as receivers. I had hoped to deliver these brochures personally but distance and time prevents this. Because every community served by our Railroad is very important to us, we are desirous of your understanding our merger plans. The Railroads of America are at a very critical junction and our planning has developed that the proposed merger is critical to our future, as well as, the railroad industry in America. Your patience and understanding are very much appreciated. Sincerely ~._ " Sam A. Grayson SAG:mm Enc. HUI3 OF TIZEASL';?E Y'ALLL'I' OFFICIALS LA WANA L. NIEMANN, Clty Clerk A. M. KlEBERT, Treasurer ROGER SNERWIN, Chtaf of Police BRUCE D. STUART, Water Works Supt. JOHN O. FITZGERALD, Attorney ROGER WEI_KER, ~ 1re Chlat EARL WARD, Waste Water Sup!. Augus± 5, 1980 A Good Place to Live 728 Meridian Street MERIDIAN, IDAHO 8:1.;42 Phone 888-4433 JOSEPH L. GLAISYER Mayor Union Pacific Railroad Company 611 Idaho Bldg. Boise, ID 83702 ATTN: S. A. Grayson, Special Representative Dear Mr. Grayson: The City of Meridian appreciates the brochure and infor- mation concerning the merger with the Missouri Pacific and the W'esterr Pacific. We wish you a successful future. Best Regards, ° ~ ~ _ ~- -~.,~ ~ - ; ~-- ; aWana L. Niemann City C1 erk LLN/mb COUNCILMEN RICHARD C. W~LLiAMS GRANT P. KINGSFORD BILL BREWER RICHARD F.ORTON, JR. DONALDL.SHARP Chelrman Zonlnp & Ptanninp cc: File: "D" F: / ~ ~ ~ Pocatello -- Sept. ?_0, 1976 A~~idian - Ll7 23391 ADDENDUP~? SUBJECT; City of Meridian - j°7ator pipe line crossing. ,. ;' AGENT - l~~eridian'~f Attached heo~ror execution are the originals of Addendum ~ to the above mentioned agreement. _.. Both .bogies should be signed in ink by the T~Zayor in the space provided for that purpose and the signature aitested z~y the cler7~ on the line opposite. The signed copies should then be returned to my office to complete execution on behalf of the Railroad Company, after which an eatecuted c®py will be furnished the second Pay. ,- ,` a ..-,'' ~~`~ ''c2 ~" . ~Ma Matt. k~ ADDF"NDUM to Contract LD No. 2391, Audit No. 124579, dated January 22, 1976, between OREGON SHORT LINE RAILROAD COMPANY, UNION PACIFIC RAILROAD COMPANY (collectively called "Railroad Company'°), and CITY OF MERIDIAN (called "Licensee'°), covering a water. pipe line crossing at Meridian, Idaho (MP B-~45"/~ 63) I~" IS ~-i1~'REBY AGREED, by acid between the parties hereto as fallows~ Section l.. BecaLase it was ne~:essary to change the location of the pipe line pro~rided fear i.n the above mentioned agreement to the west side of Meridian Street, the Licensee is hereby granted permission to construct said pipe line in the location shown i n ye1.l.ow on the attached print dated October 29, J_975 (Last revised September 3, 1976) marked Exhibit ''A", rynd riereby made a part hereof, and said print shall be and 'is hereby substituted for the description and Exhibit '°A'° dated October 29, 1975 (revised December 9, 1915) attached to said agreement. Additionally, Section 2 of said agreement. shall be ar~d is hereby amerzded to provide that the 12~inch cast i,r•on, 5/16 inch wall., water pipe shall be encased.. i.n 75 feet. and 51. feet, respectively, of 3/8 inch steel pipe with an i_nternal_ diameter of 24 inches and the same shall be constructed and maintained at such an elevation that the top of the casing shall. not be less than 4.5 feet beloer the base of the rails of said tracks, all as shown on the attached E;xhibi t. °°A°' ~ The pipe line provided for herein. shall be subject to a1, 1_ cif the terms and condi_tians of the aforesaid. agreement Sec:t:i on 2 ~ This agreement is supplemental to the above~mentiorled agreement. and nothing herein contained shall. be construec'i as modifying same except as herein specifically provided. _ . _ , ,;~;- C;....:~,,'~ _ - ESL:-ll I IN WITNESS WHERIOk' ~ t:he parties hereto have executed this agreement in dupJ.icate the da of J_976~ -® Y , OREGON SHORT LINE RAILROAD COMPANY Witriess e LTI~ION PACIFIC RAILROAD COMPANY ~~~ ~.~, EY ~~~` General Manager The foregoing agreement is accepted upon the terms stated ar~d executed by the Mayor of the City of Meridian, Idaho, and attested by the CJ..erk can tkzis day of 1976, pursuant to authar.ity vestedin said Mayor by a resolutian duly passed and adopted by the City Council of the City of Meridian, Idaho, on the ~_ ~ day cif 19760 - • CITY OF MERIDIAN, IDAHO Attest® ~v ---- -~ C1erk ~-- ~~°"_~ ----- Mayor ~~- ~. f ~. 9A , n~ ~1 ~ , { i td ~ q , ` . , ~~'~ - ~ ,. a , `~ ~ ~ _ ~ ~~ ~ 5 ~ 8 9 ~ ,~ ~, ~~ ~~ ~.. i~ ~' ~ ~ r, ~ µ ~' ~,' ,, a 3 ~ ~ i ~ ~ ------- - ------ ---L--__._.__.__ _ _ _P___.~ ,~, ~ . _ -- _ ~ .a ., - /~ _ _ __ -~------ - _r___.---~. p~~ .~, m of ~ ~ 0 s r, °i '~ ~~ 6 ko .a 9' _~ 7o NAMPA ~ o m ; rl~ ~ ~~ -. - ?, y ~ a o, ~ ~, l ~ PTO c~QCNAQ4 ----ti- i . ~ .,, .~ `•; a~ o ~ I~ ~ , I* is ~ ~ :r" ~:. ~J~~ J ~~7~,I_'~~~ ~ s v~,~,~-~~-r. ,, ~'~ ;,~/, /4° F ~fi 1 t~~ ~; ~~.~~.. °~ `~- tie ,, f'`. ~' ,~ ~ ~ Q J ` } ,~ '~ ~~ ~~,, ,~ ~ it ~ t ~ - ~ ~. _ ~ . h ~ ~" ' ' 1 ~ O ~ j ~ `. --.-..._. O ~ ;- w~~ o I: 0.~~ ~ .,fir t . ", ~N ~ Q ~., ~: ~ ~~~ e ?~~ ~ ., N t!~ ; _______ ____ ~w.Q of Z t} ~ q -~ sue' V ~~~ ~~ ~ ~ ~ ~ W q {y ~ o ~ ~ ? C~ . ~ ~ 1~ J r t.. ~~~ --- I~ Lr;~~' I Exhibit "A" OREGON SHORT LINE kAILROAD C4. Union Pacific R.R. Coo(Les~ee} Boise Cut~C~ff M.P. B®~57o63 MERIDIAN, IDAHO To 'accompany agreement with the CITY OF MERIDIAN covering an U.G. 12" vrat®r pipe line crossingo Scale: 1" -~ 1004 OFFICE OF DIVISION ENGINEER Yocatello~ Idaho L0®29~7~ Water pipe line ~-ing '~elly~ R . R . R/W outlined e-®~ - d...~ R 510-1757 H ~ ~ :~: REVISED 129-1975 DHB ~ ~ ~„ REVISED 3~~-~76 RMC ~,, ~, ~ - - - UNION PACIFIC RA[LF2OAD COMPANY DEPARTMENT OF OPERATION P. O. BoX 1592 E. C. MAY BUPERINTEN pE NT pOCATELLO, IDAHO 83201 February 18, 1976 L~ 23391 -Meridian J-LT-B Engineers, Inc . Mr« Stanley S. Postma 5943 Franklin Road k3oise, ~dah© 83705 Dear Mr « Postma Please reference your letter of February 6, 19''6 concerning installation of €~ proposed water line crossing along I~ieridian Street .n Meridian, Idaho . Agreement I.D 23391 has been signed by the City of Meridian, and this is authorization to go ahead with the installation of the proposed water line. We do; however, require Railroad Protective & Liability insurance in the amounts of $5©(~, 444/1, 440, X44 from the contractor who will be installing this pipeline, unless it is the City of Meridian's own forces. In reference to relocation of pipeline from East side of Meridian Street to the West side of Meridian Street, we will make up revised E~x'hibit ~. prints to cover this agreement« This, how- ever, will. not hold up your construction plans« Very txuly yours, E. ~. MAY Supe rinte~dent cc : Mr « Dr~n Storey, Mayor City of Meridian 1~LP'/c f UNIC)! _ 4~f~C~~~~ ~A~..ROA~ ~J[i+~.-ANY E. C. MAY •u-cnrr..Fwotw* DEPARTM[NT 00= OPERATION kf. ~ F P. O. Bor. 1592 POCATELLO, IDAHO 83201 February 18, 1976 LD 23391 -Meridian ,T-U-B Engineers, Inc . Mr. Stanley S. Postma 5903 Franklin Road Boise, Idaho 837x5 Dear Mr. Postma: Please reference your letter of February 6, 1976 concerning installation of a proposed water line crossing along Meridian Street in leridian, Idaho. Agreement LD 23391 has been signed by the City of Meridian, and this is authorization to go ahead with the installation of tree proposed water line. We do; however, require Railroad Protective & Liability insurance in the amounts of 500, 000/~l, 000, 000 from the contractor ~~Tn.o Till be installing this pipeline, unless it is the Cit~T of Meridian's oU-n forces . In reference to relocation of pipeline from East side of Meridian Street to the ~dest side of Meridian Street, we will make up revised Exhibit A prints to cover this agreement. This, how- ever, will not hold up your construction plans. Very truly yours, ,~`~~.,7 ~~ `~"~~ E. C. MAY Superin-%endent cc : Mr. Don Storey, Nlayor City of Meridi an RLP/cf .- E ~ '~ ~ r----T-~~ I ,~u ~IS~ },j~~kr,~ ~~~ 5903 Franklin Road Boise, Idaho 83705 Segtesber 16, 1975 Mx. B.C. May, Superintendent IInion Pacific Railroad Company Department of t)perations Box 1592 Pocatello, Idaho 83201 Telephone: (208) 344-7938 Dear Mr. May: Buelosed you will find revised ~trawings of the proposed water line crossing in Meridian, Zdaho. These drawings indicate the typos of aateriala to be used in the crossings as well as the depth below the ground surface. U We feel that the City would give assurance that they would sign the standard agreement fora, However, it would be of great assistance in securing this assurance if the City could ezamiae a standard agreement fora that would be similar to the one they would be required to alga. Upon the receipt of this fora aa~.iiil request that the City examine (~ it sad give you written assurance of their acceptance of the agreement. I~J~ ile wish to express our appreciation for the proagat attention you have given this setter. If we can be of further assistance in obtaining this coossing permit please advise us. ~~/ Sincerely, 1~'( J-U-$ E~tCsIt~B~~3, ZAC. ~~~a Stanley S. Poatma SSPscab cc: Mr. Don Storey, Mayor City of Meridian enclosures J-U-B ENGINEERS, INC. ENGINEERING-PLANNING-SURVEYING •- WEST RAILR AD STREET - ~ M® o ~- - W ~ W F- 24~~~,12Ga. C.M.P. ~ i Casing Pipe, 75 L.F Spur Line i N. Spur Line LV Z JL OREGON Q SHORTLINE RAILROAD ~ ~ ~ lo' 24 ¢,12 Ga.,C.M.P ~ ~ Sta. 1820 + 01.6 Casing Pipe, 45 L.F ~' i Oregon Shoreline Railroad Spur Line ct H 12~~ Water Line C.I. ~ ~ or D.I. ~-- _~ ~ Q I ~ °_ BOWER STREET ~ N 01 Revised 9/15/75 CITY OF MERIDIAN Proposed l2~~ Water Line Crossing of F~aiiroad En~-ineers ~/onners ~~ ~~ ~ Boise, ldnho p ~} of ;;a..~~ cx. heet o. I of ?_ scr,i-~ No Scale nor ~. Se~~t- 1975 ' °~~~:~. n~o. B 750x04 ~ J;-1 .S ~ R. R. Track I l~- 0° I I~-0~~ ~ .~ "" Existin Ground Line io t2~~ C.1. or 0. I. r`' 24~~¢ 12 Ga. G.MP Water Pipe Casing ------- Ends of Open Cut Tunneling or Jacking Limits _ i _ Open Cut ~ Casing Totol Length of Cosing TYPICAL RAILROAD UNDERCROSSING Li Pipe ~~~~+° Clocks ,sihaped to fit. continuous except of bells. Band to pipe with wire or steel bands of 5' Max. O.C. CITY ®F MERIDIAN Proposed 12" Water Line Crossing of Railroad ~,~ ~ " J-U-B Eie:caaifVirEP2S, IPVC. ~~ ° ~ Eny in~~rs ~'iQnners ~~ ~~ Boise, iciaho ~ "~ "~ ;r'Fa~c~.~5heet No. 2_of 2 ~t_E No Scale _ l~,nTF Sept., 1975 ,,, ~;r, B750904- UNION PACIFIC RAILROAD COMPANY E, C. MAY SUPERINTENDENT DEPARTMENT OF OPERATION November 10, 175 P. O. Box 9592 POCATELLO. IDAHO 83201 Please ~.ef er To Propel. ~.t. -Meridian ~'~-U~B Engineers, Inc ., 503 Franklin road Boise, Idaho 33?U5 1~ttenti~an : ~yir Manley ~ . Postma Dear i~f~r. Pastma: Teferring to year request an behalf of the City of Meridian, for ~, i~€~ter pipeline crossing at Meridian, Idry.,ho. Infarms.tion anal exhibit prints have been prepared and submitted to our if~,n~l.gement for ~~pprov~.l and t~repar~jtion of ~, pipeline creasing agreement. I have requested advance authority for installation o:~ this crossing ahe~.d of signing ox" a~ur s~tanda.rd pipeline crossing agreement. I am hapeful of receiving advance approval in the very near future. ~Iery truly yours, Qriginaf Slgnad E. C. 1~AY" ~uPER1YVTEPJD.SN r .~ . C: e I~'.Y, ~~uper°intendent ce a Alayor Dnn Morey Gity of Meridian Meridian, Tdaho ~s36u-2 HTS/~' l G