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Pipe Line Agreement Sewer Pipe Line Crossing Easement with Union Pacific Oregon Short Line for Access A 1} +~r ~111~ 11~Y1 T.r D. 80. 3.9L3~ I r Ir 0 its H~ i~[IEJ11 PA421PIt3 RAS~LRf-AD Ltd' gad Ot!!' OT ~~ 28A'~Q Mai ~~ iy~., DUPLICATE ORIGINAL -LICENSEE'S COPY .: ~ ~~ ~ PIPE LINE AGREIM[ENT THIS AGREEMENT, made and entered into this /~~ day of ~jt.trU . 196/} , by and between •.. - - - - - - _ -. .. .. ,. ,. ,. ~$$iQO~ RAILROAD COMPANY, a corporation of the State of Utah> and its Lessee, iINiON PACIFIC RAIL&OAD COMPANY, a corporation of the State of Utah, (herei~tbr collectively called "Raihrosd Company"), parties of the first part. and ~ 3tate~ot~Idaho~~ A mnrticipal corporation of the „a . ___ ,._~r._ a_..~„. ,,_~,.,.. ~. I. (hmeinatter called "Licensee^), party of the ~coad part' WITNESSETH: . ~9i WHEREAS, the Licensee desires to conatnaet and thereafter maintain sad operate h #gpipe line (hereinafter caller "pipe line^) extending undergeound across Lhe N rlgh6 of way and nnderaeath R.he roadbed and track. E of the Railroad Camnpsay at MP 457.7$,_ at Meridian, Idahq, ji in the location descn'bed es foIIows, LO-wiL: Said pipe line is tq crgas center line of main track at as a aP $9.0§~ to the right at ~gineer~e station 1$2q plus 99.4, which fa 79'!,S feet westerly, measured along said center line., t'rom its intersection with the east line o! Sec- tion 12, Township 3 ~grth, I3ange~ 1 Went, Boise Meridian, s>lbstantia]1y i11 the lo- cation shown in yellow on the attached print, dated April $, Y~fa4~ marked Sx- hibit wA~r and heTn~by made a part hereef IT IS THEREFORE AGREED, by and between the pareice hereto ss follows. to-wit: 1. RAII.SOAD COMPANY GRANTS RIGHT TO LICEN88S: The Railroad Company does hereby grant Hato the Licensee the rlghL to eoa- steuct and thereatter, dnring the term hereof, to maintain and operate tke satd-pipe line is the location hereinbefore described, which grant is made expressly snhjeet to the observance and performance by the Licensee of all and singular the conditions, ceveasats and agrcemaate hereinafter contained to be by the Licences kept, observed PIPE LINE AOREEMENT 1 e ~j and performed; it be' hereby stipulated that a waiver by the Railroad Cempsay.~ jj any breach of any such conditions,. covenants and agreements shall in no wayy impair ,j the right of the Railroad Companyto avail itself of any subsequent breach hthereof., # i1 & SIZE AND HIND OF PIPE:. ~; -. The said pipe line where it crosses underneath the aaid roadbed and trsokE shall be ceaetructad of E3•-iAtTh 8lNES' jpip~:' ~ 62 fet+~~ 0t 6ilE pipe with an internal diameter of 'frAA `~,Q N i~ inch A$ sad the same shall ;be constructed and maintain~y -at such an elevation that the top thereof shall not be leas than 8aF't fQtltr ~Bi,~w the base of the ra~7s of aaid track $ s;. 3. LICENB,~& ENT„~.~$PI:P13E; _ ,.... _ _., ._ ..: _......,,,.;. i ,The "~een'see~~ e~hl bear tie entare coat and expem;e in connection with. the nem.... ~~ etruction, maintenance, repair or renewal of aaid pipe line, including any and all eapanee which may, be incurred by the Raib~oad Company in connection therewith for auperviuon, inspecttoa or otherwise; but all the work vpon the same within the limits of the right of way oi4 the Railroad Company shall be done undue the direction of and accoxling to the plena and specificatSona approved by the.Raihbad Comps. I 4. APPROVAL OF PLANE: Prior 1b the commencement of any work in eoanection with the yy~~pe lies (whether II of conshvction, maintenance, repair, renewal, modification, re/omtion, re~ronatrvetima I or removal), the Licensee shall submit to the Railroad Company plans setting offi the method and manger of handling the work and shall not proceed with the work. tmtll such plans shall have been approved by the Division Engineer of the Railroad Company and then ody under the supemsion of said Division Engineer or his representative. The Railroad Company shall have the right, if it so eleota, to previde such enpport ee it ma deem neceesar'y for the safety of its track or tracks durin the time such wort is being done and, in the event the Railroad Comp y provides such auppo~rt, the Licensee shall pay to the Railroad Company within fifteen days after bills shall have been rendered therefor, all ea n~~e ineurret~ by the Railread Company in connection. II therewith, which said expense shall include all assignable coats plea ten per cent (1096 ) to cover elements of expense not capable of exact ascertainment. 5. PEBAt1T BIIHJECI' TO NEEDS OF RAILROAD COMPANY: ~) The Railroad Company notwithstanding the aforwsid grant shall have the right W retain its existing track $ at and in the vicinity of aaid pipe line is e} r 4 .preeeat location $ ,and nothing shall be done er suffered to be done by the Licensee { at any time that shall in any manner impair the usefulaeea or safety of such track 8) or of any other tracks that map hereafter be constructed within the limits. of asi~ right of way: and ~ Railroad Company reserves and shall have the tight at any and all times to nuke earl changes in aaid existing track $ and structsrea, or in the pp t standard thereof, sad to conatract, maiMSia and o to such additloaal tracks or agveptxes where said pipe line is W ba epastraetedand aaraes the swag as from time to time it may elect; and the Licensee shall bear the eapenee of moving,' ramovln8 or makivg ~: ~~ ~ nafd >iipe ~ es mom. be rs4•lyr -ttsr "" ~ , Railroad Company in coaaeetion with aneh changes in saki taaek ~ and ek~ae6:ree.. or in the present standard thereof, and such additional tracks or steaetmras. The obligation o! the Licensee in this agreement preacrfbed withretereaee to the main- ~tendance, Iri~ ~~re~wal of aaid pipe line as originally.conatraeted shall applyy to p Pe changed or modified within the contemplation of this sestina. 8. PIPE LINE NOT TO INTEpRaFrtEsRE WITH OPERATION OF RAILROAD: The aaid pipe line and altthe Esilroad Companyfahall cos tru~eted~ d at ail right of way and prem:aee o! times maintained repaired, renewed and operated by the Liceasea in such a mwmar - as to eaves no in erence whatsoever with the conetsat, eonti~one and mdnterrnpted sea oP the tracks, -Property and premises of the Railroad Comps, Troth ae zegaeda o~ppeerraation, malatenance, repairs or renewabi„ or possible sew COnBtlaetion by. the 'j RaIIzoad Company. N 7. BALE OF RI(iliT OF WAY: In the evert the Ra>7road Compa~v shall dispose of any portion of iLpro yyeerrttyy oa which the pipe line is located as harem provided, .the right or license herein grm:ted, with respect to such portion of the pi line se may be located on the property of the Railroad Company so disposed of, shall forthwith cease and determine. n i PIPE LINE AGREEMENT 8. LICENSE SUBJECT TO SUPERIOR RIGHTS: The license herein granted ie subject to all outstanding superior rights (including those in favor of telegraph and telephone companies, lessees oP said right of way, sad others), and the right of renewals and extensions of the same, and is made without covenant of title or for gaiet enjoyment. 9. MODIFICATION, RELOCATION OR REMOVAL OF PIPE LINE: This license or permit is made subject to the needs and requirements of the Rail- road Company in the operation of its railroad and in the improvement and use of its property and the Licensee, at the sole cost and expense of the Licensee, shall move all or any portion of the pipe line entirely off the right of way o4 the Railroad Company, or to each a mw location thereon m may be designated by the Railroad Company - whenever in the furtherance of such needs and requirements, the Railroad Company shall find each action necessary or desirable; PROVIDED, however, the Licensee shall not be. required ender the teens hereof to,moye entirely off of aaid~rigllt„pi. tyaY.•~tY....:..,~,~, " ~ portion '~` the ~iipe`Tiae`"c'o"nasElluting` a crossing o~tlie entire rig t of way of the Railroad Compaax 10. LIABILITY: The Licensee shall indemnity and hold harmless the Railroad Company from and against any and all damages, claims, demands, actions, causes oP action, costa and - eapemes o1 whatsoever nature which may resalt from the death of or injaryto any person whomsoever, or from the .lose oP or damage to property of any kind or natm~e, including damage to the roadbed, tracks, equipment or other property of theRailroad Company, when each death, injarq, loss or damage ie due to the existence oP said pipe line or to the cenatruction, maintenance, operation, repair, renewal or removal thereof, or to the contents therein or therefrom. 11. DISUSE OF PIPE LINE: Dlaase of said pipe line for the pnrpoae for which it was originally cemtnreted continuing st any lima far a period of one year, ehatt eonetitate an abandonment thereof by the Liceneeeand of. the grant herein .made, and in case of each as abandon- ment or the breach by tlrs`Licenaeeof any of thecoaditions, agreements and covenants herein contained, the Railroad Company shall kaYe the right to terminate this agrae- went at any time by giving thirty (30) days notice is writing to the Licensee of its intention to terminate the same, and at the expiration of said thirty (80) days notice the license herein granted shall terminate and be at an end, and the Licensee shall be without recourse or. redress of any character against the Railroad .Company. by resaoa lbarecd, f8. &E®IOVAL OF PROPI~TY OF LICEN3>ZEe . Witbin fifteen (16) days after the termination of this agreement howsoever, the Licensee shall remove all property of the Liceaeee herein provided for from that portiom of the right of way of the Railroad Company aot;oceapied by the said roa$bed,attd _ tracks, and shall restore the same to its original eoxidit~on ?o the satisfaction of .the.. _.~ Rarlroad Company;'and ft the Licensee fails so to- do the RailxoadOompa~ mag ~... each work of removal and restoration at the coat and expense of t)m Liceaieee. The Railroad Company may, st its option, upon such termination, at the entire coat sad expense of the Licensee, remove that portion of said pipe line located underneath said roadbed and tracks and restore said roadbed to its original condition, or it may permit the Licensee to do such work of removal and restoratoa ender the enperviaion of the Railroad Company; and in the event of the removal by the Railroad Company of the property of the Licensee as herein provided; and of the restoration of said roadbed end right of way to their former condition, the Railroad Company shall in no manner be liable to the Licensee for any damage emtaimd by the Licensee for or oa acaovat thereof, amt such removal and restoration shall in no manner prejudice or impair any right of action for damages or otherwise that the Railroad Company may have against the Licensee. 13. AGREEMENT NOT TO BE ASSIGNED: The Lieeaeee shall not maign this agreement or any of the rights hereunder with- out the comsat, in writing, of the Railroad Company firsthad and obtained. 8 PIPE LINE AGREE.M1IENT 14. NOTICE: Before commencing any of the work or the construction of facilities, or the mod~- eation or change ofexisting facilities, provided for in this agreement upon the rlght of way of the Railroad Company, the Licensee, or those acting under its authority, shall give written notice to the Superintendent of the Railroad Company at least 48 hours prior to the date upon which such work or construction shall commence. Should the Licensee fail to flxrniah notice as provided, the Railroad Company may deny the Licensee entry to the right of way until such notice ie furnished. 15. INSPECTOR AND FLAGMAN: The Railroad Company may, if in its judgment such becomes necessary, farniah at the expense of the Licensee such inspector as rt deems reasonably necessary for the purpose of making inspection of all work performed by the Licensee or those acting under the authority of the Licensee. Such inspector shall have authority to control the operations of the Licensee and those working under its authority while excavating or doing any work adjacent to or Youl of any of the railroad tracks in the area of the work or construction. The Railroad Company may also furnish, at the expense of the Licensee, such flagman and watchman as may be reasonably necessary to protect railroad traffic during the construction or work contemplated by this agreement. 18. EFFECTIVE DATE -TERM: This agreement shall be effective from and after the day and year first herein written, and shall continue in full force and effect until termiruted as hereia provided, -'- - it being-turdetstaed;'itrDWevht,'tlrat slitldid titg ~''tljf upon the right of way prior to said effective date, the terms apply thereto. 17. SUCCESSOR AND ASSIGNS: This agreement shall be binding upon and inure to the benefit of .the Railroad Company, its successors and assigns, the Licensee and the successors. in interest of the Licensee. IN WITNESS WHEREOF, ,the parties hereto have caused tide agreement to be executed is duplicate the day and year first herein written. - -i _M~ '' '~1 ,.- ~> ; s„ t1$~QH 3H0~' I+Il~$ RAILROAD C~A1~Z~ Witness: ((~~ / UNION P~ACI~FI-C~BAILROAD COffiPANY The foregoing agreement is aocapted xpan the tom. stated and executed by the Mayor of the City of Meridisa; Idaho and attested by th® Clerk. on this / di day of ~~~, 19bbi pursuant to sut~ority ves~e n said. per y a res© ution duly passed and adopted by ~e City C uncil of the City of Meridian, ~dahv„ an the ~d4T of ~,~r.`/ _, X964. llffiRIDIADi ~, a t .w.., ~4 ~~