HomeMy Public PortalAbout1995-16A RESOLUTION AUTHORIZING AN AGREEMENT
WITH CONSOLIDATED RAIL CORPORATION
(CONRAIL) FOR A WATERLINE EASEMENT
•
COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA
RESOLUTION NO. 1995 -16
WHEREAS, the City of Greencastle anticipates crossing the Consolidated Rail
Corporation (Conrail) right -of -way with a new waterline, and;
WHEREAS, agreements have been reached with said railroad as to the ;engineering
requirements of such crossing;
NOW THEREFORE BE IT RESOLVED THAT THE CITY OF GREENCASTLE enter
into an agreement with Consolidated Rail Corporation (Conrail) as attached hereto.
BE IT FURTHER RESOLVED THAT THE CITY OF GREENCASTLE through its
Board of Works carry out the terms of the agreement including the payment of monies and
perform such other duties as may be requested to carry out the intent of the agreement.
PASSED AND RESOLVED by the Common Council of the City of Greencastle at its
regular meeting this /l day of Tu K 1995.
Thomas W. Roach
Jerald D. Calbert
Charles T. Miles
Susan V. Murray
W. Rokicki
Approved and signed by me this A day of 1995 at ?,/0 o'clock p.m.
Z /—/" / Z,
1 0
ATTEST:
Michael M. Harmless, Mayor
Don Weaver, Clerk- Treasurer
6WVWi16re
CE- 60(tvITNQ
File: G -1306
• CONSOLIDATED RAIL CORPORATION
AGREEN[ENT FOR PIPELINE OCCUPATION
THIS AGREEMENT, made this 27th day of March, 199; between CONSOLIDATED
RAIL CORPORATION, a Pennsylvania Corporation. ( "Conrail ") and CITY OF GREENCASTLE,
a political subdivision of the state of Indiana ( "Licensee ").
WI T'I`ESSE+ TH:
WHEREAS, Licensee has requested occupation of Conraii's properry as se[ forth in his
Agreement: and
W the parties have reached accord concerning the terms and conditions for
License-.'s occupation of Conraii s properti and desire to reduce :hem to writing.
• `IOW, THEREFORE, the parties hereto, intending to be legallv'oound, agree as follows:
1. FACILITIES
(a) Conrail insofar as it has the legal right and its present title permits, and in consideration
of the covenants and conditions hereinafter stated on he part of Licensee to be kept and performed,
hereby permits Licensee to construct, maintain, repair. alter, renew, relocate and ultimately remove one
(i)
14-inch ductile iron potable water pipe encased in a 30 -inch. steei pipe, r der and across he
roadwav and track of the St. Louis Line of Coaraii, Line Code 60-3405, Mile Post 09.02, located at a
point in he City of Greencastle. County of Putnam, State of Indiana, in accordance with construction
plans, dated June 1994, submitted by Licensee to and approved by the Chief Engineer - Construction
of Conrail ("Construction Plan'), attached hereto and made a part of this Agreement. also n
accordance with current issues of Conrail's Specifications CE-4 and/or CE 3 (all and any part thereof
being hereafter referred to as the "Facilities ").
(b) Tl.is Agreement shall not be deemed or construed as transferring to Licensee any
interest in the land of Conrail or any right in the nature of an interest in land_ irrespective of any
expenditure by Licensee for the Facilities.
2. PAYN'fENT
Licensee shall pay to Conrail upon the execution hereof, the sum of Three Thousand One
®F.undred Twenty -Five Dollars (50,125.00) as reimbursement for the rights granted in this Agreement.
File: G -1336
-'(b) Upon termination of this Agreement or upon the removal or abandonment of the
lines covered hereby, all the rights, title and interest of Licensee hereunder shall cease and
w ith ou t • ,� . liability on
,ietermme, and this instrum e other pam/ th
Only as any ll liability [ accrued prior thereto, and
the part of either party
Licensee shall remove its Facilities and appurtenances from Conrail property, and right of way and all
property of Conrail shall be restored in good condition and to the satisfaction of Conrail. If Licensee
fails or refuses to remove its Facilities and appurtenances under the foregoing conditions. Conrail shall
be privileged to do so at the cost and expense of Licensee. and thereafter, bill Licensee in accordance
with the terms of Section 6 hereof, and Comail shall not be liable in any manner to Licensee for said
removal.
(c) Anything herein contained to the con¢ary notwithstanding, there shall be no obligation
on the part of Conrail to continue operation of the line of Conrail in the vicinity of the Facilities to
prevent the termination of Licensee's occupation nQhts at any crossing or occupation covered
hereunder on account of an abandonment of line er service by Conrail: nor shall there be any obligation
upon Conrail to perfect its title in order to continue in existence the said occupation rights after such
abandonment of line or service.
1.1. pEIZ APPROVALS
( Licensee. a[ 1CS sole risk. cost and expense, mall obtain fill cc - mits and approyais w i ch
may be necessar✓ or appropriate and Licensee shall com iv wi a l therewitkht any aliabii a
• assume all cost and expense and responsibility m in
on the part of Conrail. Licensee m
hereby agrees to indenify, defend and hold :.armless
wha[soever
Conrail thereiiom.
(b ) ""Agreemenf is authonzel by Licensee to be entered nto by dpi d o by'
Ordinance Number
a certified copy of which is attached itereto'
- and'madd'a part hereof.
13. SUCCESSORS
(a) This Agreement shall inure to the benefit of and be binding upon the parties '::ere ?o and
their respective heirs, administrators, successors and assigr[s, subject, however. to he .e rifts of Section
12(b) hereof.
(b) The rights hereby afforded shall be he personal t
f Licensee L ic e nse--.
shalloemade, or oche
assignment or transfer thereof by . operation of law or voluntary
vided, without he Prior consent and ag *eecnent m
use of the Facilities be permitted than as herein pro
writing of Conrail being first had and obtained.
13. WAIVER
• The waiver by Conrail of any breach of any 'ern. covenant, obligation or condition herein
contained shall not be deemed to be a , .valves of any suoseauent breach of the same or a waiver of any
other term, covenant, obligation or condition herein contained.
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