HomeMy Public PortalAbout1974.01.24 Union Pacific Rail Road Contract Sewer Pipe LineCONTRACT
L. D. No. 22647 Audit No.
Between
OREGON SHORT LINE RAILROAD COMPANY,
UNION PACIFIC RULROAD COMPANY
and
CITY'OF MCCALL, IDAHO '
Sewer Pipe.Line Crossing and Encroachment
at
McCall, Idaho
(M. P. 132.32)
DUPLICATE GRIGINAL- LICENSEE'S COPY
THIS AGREEMENT, made and entered into this 24th day of January
1974. , by and between OREGON
SHORT LINE RAILRO_-^,.D COMPANY, a corporation of the State of Utah,
and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State
Of Utah, (hereinafter collectively called "Railroad Company"), parties of the first part,
and
CITY OF MCCALL, a municipal corporation of the
State of Idaho,
(hereinafter called "Licensee"), party of the second part, WITNESSETH:
• WHEREAS, the Licensee desires to construct and thereafter maintain and operate a
sewer
xmatizt; pipe line (hereinafter called "pipe line") extending underground across the
right of way and underneath the roadbed and track 02-6 aigiE lKY2TA
and also upon and along a portion of the right•of
buthvaxtiraixtbatoibutxx.fcroimxmax
way; in the vicinity of MP 132.32 on the Idaho
Northern. Branch,. at. McCall, Idaho, substantially
in the locations shown ,in yellow on the. attached .
print, dated October 4, 1373, marked Exhibit "A",.
and hereby made a part hereof.
IT IS TIIEREI'ORE AGI:EED, by and between the parties hereto as follows, -
to -wit: .
1. RAILROAD COMPANY GRANTS RIGHT TO LICENSEE: •
The Railroad Company does hereby grant unto the Licensee the right to con-
struct and thereafter; during: the term hereof, to maintain and overate the said pipe
line in the location hereinbef ore described, which .grant is made expressly subject to
the observance and performance by the Licensee of all and singular -the conditions,
covenants and agreements hereinafter contained to be the Licensee kept, observed
PIPE LINE AGREEMENT
and performed; it being hereby stipulated that a waiver by the Railroad Company of
any breach of any such conditions, covenants and agreements shall in no way impair
the right of the Railroad Company to avail itself of any subsequent breach thereof.
2. SIZE AND FIND OF PIPE:
The said pipe line where it crosses underneath the said roadbed and track
h I be,constru ted of O e .� , i• 2 .ZT2�'�' .�`JC J_ er�,llc�'. O $m • T't hh
/11V p�.a, boti;la oL r�cz�.c sns Y oe eRicasea �_n 3 ' o 8A
pipe with an internal diameter of fifteen (15) :inches
iribir}:X and the same shall be constructed and maintained at such an elevation that
the top thereof shall not be less than eight ($) feet below
the base of the rails of said track o
3, LICENSEE TO BEAR ENTIRE EXPENSE:
The Licensee shall bear the entire cost and expense in connection with the con-
struction, maintenance, repair or renewal of said pipe line, including any and all
expense which may be incurred by the Railroad Company in connection therewith for
supervision, inspection, or otherwise; but all the work upon the same within the limits
of the right of way of the Railroad Company shall be done under the direction of and
according to the plans and specifications approved by the Railroad Company.
4. APPROVAL OF PLANS:
Prior to the commencement of any work in connection with the pipe line (whether
of construction, maintenance, repair, renewal, modification, . relocation, reconstruction
or removal), the Licensee shall submit to the Railroad Company plans setting out the
method and manner of handling the work and shall not proceed with the work until
such plans shall have been approved by the Division Engineer of the Railroad Company
and then only under the supervision of said Division Engineer or his representative. The
Railroad Company. shallhave the right, if it so elects, to provide such support as it
may deem necessary for the safety of its track or tracks during the time such work
is being done and, in the event the Railroad Company provides such support, the
Licensee shall pay to the Railroad Company, within fifteen days after bills shall have
been rendered therefor, all expense incurred by the Railroad Company in connection
therewith, which said expense shall include all assignable costs plus ten per cent (10%)
to cover elements of expense not capable of exact ascertainment.
5. PERMIT SUBJECT TO NEEDS OF RAILROAD COMPANY:
The Railroad Company notwithstanding the aforesaid grant shall have the
right to retain its existing track at and in the vicinity of said pipe line in itS
present location , and nothing shall be done or suffered to be done by the Licensee
at any time that shall in any manner impair the usefulness or safety of such track
or of any other tracks that may hereafter be constructed within the limits of said
right of way; and the Railroad Company reserves and shall have the right at any and
all times to make such changes in said existing track and structures, or in the
present standard thereof, and to construct, maintain and operate such additional
tracks or structures where said pipe line is to be constructed, and across the same,
as from time to timeit may elect; and the Licensee shall bear the expense of moving,
removing or making such modifications in said pipe line as may be required by the
Railroad Company in connection with such changes in said track and structures,
or in .the present standard thereof, and such additional tracks or structures. The
obligation of the Licensee in this agreement prescribed with reference to the main-
tenance, repair and renewal of said pipe line as originally constructed shall apply to
said pipe line as relocated, changed or modified within the contemplation of this section.
6. PIPE LINE NOT TO INTERFERE WITH OPERATION OF RAILROAD:
The said pipe line and all parts thereof within and outside of the limits of the
right of way and premises of the Railroad Company, shall be constructed and at an
times..maintained, repaired, renewed and operated by the Licensee in such a manner
as to cause no interference whatsoever with the constant, continuous and uninterrupted
use of the tracks, property and premises of the Railroad Company, both as regards
operation, maintenance, repairs or renewals, or possible new construction by the
Railroad Company.
7. SALE OF RIGHT OF WAY:
In the event the Railroad Company shall dispose of any portion of its property
on which the pipe -line is located as herein provided, the right or license herein granted,
with respect to such portion of the pipe line as may be located on the property of the
Railroad Company so disposed of, shall forthwith cease and determine.
2
PIPE LINE AGREEMENT
8. LICENSE SUBJECT TO SUPERIOR RIGHTS:
The license herein granted is subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right of way, and
others), and the right of renewals and extensions of the same, and is made without
covenant of title or for quiet enjoyment.
9. MODIFICATION, RELOCATION OR REMOVAL OF PIPE LINE:
This license or permit is made subject to the needs and requirements of the Rail-
road Company in the operation of its railroad and in the improvement and use of its
property and the Licensee, at the sole cost and expense of the Licensee, shall move all
or any portion of the pipe line entirely off the right of way of the Railroad Company,
or to such a new location thereon as may be designated by the Railroad Company
whenever in the furtherance of such needs and requirements, the Railroad Company
sha11 find such action necessary or desirable; PROVIDED, however, the Licensee shall
not be required under the terms hereof to move entirely off of said right of way any
portion of the pipe line constituting a crossing of the entire right of way of the
Railroad Company,
10. LIABILITY:
The Licensee shall indemnify and hold harmless the Railroad Company from- and
against any and all damages, claims, demands, actions, causes of action, costs and
expenses of whatsoever nature which may result from the death of or injury to any
person whomsoever, or from the loss of or damage to property of any kind or nature,
including damage to the roadbed, tracks, equipment or other property of the Railroad
Company, when such death, injury, loss or damage is due to the existence of said pipe
line or to the construction, maintenance, operation, repair, renewal or removal thereof,
or to the contents therein or therefrom.
11. DISUSE OF PIPE LINE:
Disuse of said pipe line for the purpose for which it was originally constructed
continuing at any time for a period of one year, shall constitute an abandonment
thereof by the Licensee and of the grant herein made, and in case of such an abandon-
ment or the, breach by the Licensee of any of the conditions, agreements and covenants
herein contained, the Railroad Company shall have the right to terminate this agree-
ment at any time by giving thirty (30) clays notice in writing to the Licensee of its
intention to terminate the same, and at the expiration of said thirty (30) days notice
the license herein granted shall terminate and be at an end, and the Licensee shall
be without recourse or redress of any character against the Railroad Company by
reason thereof,
12. REMOVAL OF PROPERTY OF LICENSEE:
Within fifteen (15) days after the termination of this agreement howsoever, the
Licensee shall remove all property of the Licensee herein provided for from that portion
of the right of sway of the Railroad Company not occupied by the said roadbed and
tracks, and shall restore the same to its original condition to the satisfaction of the
Railroad Company; and if the Licensee fails so to do the Railroad Company may do
such work of removal and restoration. at the cost and expense of the Licensee. The
Railroad Company may, at .its option, upon such termination, at the entire cost and
expense of the Licensee, remove- that portion of said pipe line located underneath said
roadbed and tracks and restore said roadbed to its original condition, or it may permit
the Licensee to do .such work of removal and restoration under the supervision of the
Railroad Company; and in the event of the removal by the Railroad Company of the
property of the Licensee as herein provided; and of the restoration of said roadbed and
right of way to their former condition, the Railroad Company shall in no manner be
liable to the Licensee for any damage sustained by the Licensee for or on account
thereof, and such removal and restoration shall in no manner prejudice or impair any
right of action for\damages or otherwise that the Railroad Company may have against
the Licensee.
13. AGREEMENT NOT TO BE ASSIGNED:
The Licensee shall not assign this agreement or any of the.riohts hereunder with-
out the consent, in writing, of the Railroad Company first had and obtained.
8
PIPE LINE AGREEMENT
14. NOTICE:
Before commencing any of the work or the construction of facilities, or the modifi-
cation or change of existing facilities, provided for in this agreement upon the right
ofway of the Railroad Company, the Licensee, or those acting under its authority,
shall give written notice to the Superintendent of the Railroad Company at least 48
hours prior to the date upon which such work or construction shall commence. Should
the Licensee fail to furnish notice as provided, the Railroad Company may deny the
Licensee entry to the right of way until such notice is furnished.
15. INSPECTOR AND FLAGMAN:
The Railroad Company may, if in its judgment such becomes: necessary, furnish
at the expense of .the Licensee such inspector as it deems reasonably necessary for the
purpose of making inspection of all work performed by the Licensee or those acting
under the authority of the Licensee. Such inspector shall have authority to control the
operations of the Licensee and those working under its authority while excavating or
doing any work adjacent to or foul of any of the railroad tracks in the area of the work
or construction. The Railroad Company may also furnish, at the expense of the Licensee,
such flag -man and watchman as may be reasonably necessary to protect railroad traffic
during the construction or work contemplated by this agreement.
16. EFFECTIVE DATE — TERM:
This agreement shall be effective from and after the day and year first herein
written, and shall continue in full force and effect until terminated as herein provided,
it being understood, however, that should the Licensee enter upon, or perform any work
upon the right of way prior to said effective date, the terms of tIris agreement shall
apply thereto; PROVIDED, however, that the Railroad Com—
pany may terminate this agreement as to the encroach—
ent portion of the pi e Un at anv. e b giving
vo the Licensee tnirz ou) days' ir
writeen notice or
:its intention so to d
17. SUCCESSOR AND ASSIGNS:
This agreement shall be binding upon and inure to the benefit of the Railroad
Company, its successors and assigns, the Licensee and the successors in interest of the
Licensee.
IN WITNESS WHEREOF, ,the parties hereto have caused this agreement to be
executed in duplicate the day and year first herein written.
Witness •
OREGON SNORT LINE RAILROAD COMPANY,
UNION PACIFIC RAILROAD COMPANY
. x 1`�e By
• General Manager
Th foregoing agreement is acceptee upon the terms
stated and executed by the Mayor and attested b the
Cler of the City of McCall, Idaho, on this /4--- day .
of eG�;t7 , 1973, pursuant to authority vested in
sai ayor y'a resolution duly passed and adopted by
the C. t Council of the City of McCall, Idaho, on the
/ g ay of /ek.4-7 ,-`' 1973.
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E. C. MAY
SUPERINTENDENT
UNION PACIFIC RAILROAD COMPANY
TRANSPORTATION DIVISION
DEPARTMENT OF OPERATION
P. O. Box 1592
POCATELLO. IDAHO 83201
February 19, 1974
City of McCall
McCall, Idaho
Gentlemen:
Attached hereto is your fully executed
copy of Agreement LD 22647 between City of
McCall and our Company.
Please receipt for your copy of the
agreement on letter enclosed for that purpose
and return the signed receipt to my office.
Thank you,
M/b
Yours truly,
(CD) Agreement No. - LD.22647
Salt Lake City - February 15, 1974
SUBJECT: CITY OF McCALL, IDAHO - Sewer pipe line cross-
ing and encroachment at McCall, Idaho (MP 132.32)
Manager, Billing and Contracts, Omaha:
The Railroad Company's executed copy of the
above mentioned agreement is enclosed for filing..
Please advise the Audit Number which it is
assigned.
Enc. S. M. Matheson
cc: Mr. E. C..May:
An executed copy of the agreement is enclosed
forr delivery to the second party.
Please take receipt for delivery on the extra
copy of this letter, which is enclosed for that purpose,
and return the signed receipt to me.
One copy of the agreement is also enclosed for
your -information and file.
Enc.
cc: Mr. R. M. Brown
yr. G. H. Baker
Mr.
S. M. Matheson
One copy is enclosed for your file.
S.M.M.
oOo
RECEIVED from the.. Union Pacific Railroad Com-
pany an .executed copy of the above mentioned agreement
this day of , 1974.
By
Its