HomeMy Public PortalAbout16-1995-16 RESOLUTION NO. 1995-16
A RESOLUTION AUTHORIZING AN AGREEMENT
WITH CONSOLIDATED RAIL CORPORATION
(CONRAIL) FOR A WATERLINE EASEMENT
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 RgSOLVED by the Common Council of the City of Greencastle at its
regular meeting this jJ day of ,T i '/ , 1995.
COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA
J1 /2Z
Thomas W. Roach Susan V. Murray
✓ 1 Y S
Jerald D. Calbert Michael W. Rokicki
7
Charles T. Miles
Approved and signed by me this �f '"day of 3 a l , 1995 at 7:/o o'clock .m.
ATTEST: Michael M. Harmless, Mayor
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/' ✓li-/// d
Den Weaver, Clerk-Treasurer
_*5
j(9 CE-66(N1TM)
File: G-1836
4
CONSOLIDATED RAIL CORPORATION
AGREEMENT FOR PIPELINE OCCUPATION
THIS AGREEMENT, made this 27th day of March,* 1995 between CONSOLIDATED
RAIL CORPORATION, a Pennsylvania Corporation, ("Conrail") and CITY OF GREENCASTLE,
a political subdivision of the state of Indiana("Licensee").
WITNESSETH:
WHEREAS, Licensee has requested occupation of Conrail's property as set forth in this
Agreement; and
WHEREAS, the parties have reached accord concerning the terms and conditions for
Licensee's occupation of Conrail's property and desire to reduce them to writing.
1110 NOW, THEREFORE, the parties hereto, intending to be legally bound, 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 the part of Licensee to be kept and performed,
hereby permits Licensee to construct, maintain, repair, alter, renew, relocate and ultimately remove one
(1) 14-inch ductile iron potable water pipe encased in a 30-inch steel pipe,under and across the •
roadway and track of the St. Louis Line of Conrail, Line Code 60-3405, Mile Post 39.02, located at a
point in the 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 in
accordance with current issues of Conrail's Specifications CE-4 and/or CE 8'(all and any part thereof
being hereafter referred to as the "Facilities").
(b) This 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. PAYMENT
Licensee shall pay to Conrail upon the execution hereof, the sum of Three Thousand One
'Hundred Twer --_ve Dollars ($3,125.00) as reimbursement for the rights granted in this Agreement.
W" File: G-1336
Y(b) Upon termination of this Agreement or upon the removal or abandonment of the
• iities covered hereby, all the rights, title and interest of Licensee hereunder shall cease and
determine, and this instrument shall thereupon become and be null and void, without any liability on
the part of either party to the other party except only as to any liability accrued prior thereto, and
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 Conrail shall not be liable in any manner to Licensee for said
removal.
(c) Anything herein contained to the contrary 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 rights at any crossing or occupation covered
hereunder on account of an abandonment of line or 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.
.11..PERIYIITS AND APPROVALS
(a) Licensee, at its sole risk, cost and expense, shall obtain all permits and approvals which
may be necessary or appropriate and Licensee shall comply with all federal. state and local laws, and
assume all cost and expense and responsibility in connection therewith, without any liability
whatsoever on the part of Conrail. Licensee hereby agrees to indemnify, defend and hold harmless
Conrail therefrom.
(b) tT is'"Agreement-`is.authorized by Licensee to be entered into by Resolution" /
"
Ordinance Number adopted —by"
a certified copy of which is attached hereto'
-and-made a part hereof.
12. SUCCESSORS
(a) This Agreement shall inure to the benefit of anhoweverd be binding , the parties hereto and
to the terms of Section
their respective heirs, administrators, successors and ass
i
subject,gns,
12(b) hereof.
(b) The rights hereby afforded shall be the personal privilege of Licensee. and no
assignment or transfer thereof by.operation of law or voluntary act of Licensee shall be made, or other
use of the Facilities be permitted than as herein provided. without the prior consent and agreement in
writing of Conrail being first had and obtained.
13. WAIVER
The waiver by Conrail of any breach of any term, covenant, obligation or condition herein
..o
maimed shall not be deemed to be a waiver of any subsequent breach of the same or a waiver of any
other term, covenant, obligation or condition herein contained.
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