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Home My WebLink AboutMKT RR Sewage Line License 06.03.1963Poem 179 (Revised 11-1959) Pipe Line License AGREEMENT, made this day of A. D. 19-11 between MISSOURI -KANSAS -TEXAS RAILROAD COMPANY 'hereinafter wiled "Licensor," and VM cm OF GF4RWT" address POSA OtfIft D" 400 of Temse Mulas"s 0610T$') hereinafter called "Licensee." 1. In consideration of the covenants of Licensee hereinaftet} set forth, Licensor hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main- tain, and operate OM �1� pipe line_, hereinafter called the "Crossing," not exceeding sight inches in diameter to be used for carrying across or along the right of way or other grounds constituting a part of Licensor's railroad at or near the Station of 00m8pim_ in the County of IM21and State of TeI" 17 sail sisM (on) iaeit s"IteX7 *"W pips Lim oroesss soil RoLir"A Oespem4s piss st M aftls of 66 deov" 30 aim must aoso or 'uses masun d to the lottp westerly lass+ siert to oVM# 9*001 VW **Ut+W Sias of said ilailroai 4W- paxsrrs Mai AvAoW+s sabdiv3slea heir ?malt st Vile last Moll beta# suis trash valmetim elra aJ ag statist 8291 plus 97 disw Huai 30 lost, rocs W luso, ■ossurei moet wIr alerts Us ooer� ter ling of said rain trook &M semtb street U" of aest wU atmet (Nemolta) beaas ♦olustlen ehai.eriss +29 plus $7 AM Gorrget0=0 U23Jarsoa Gowiw# !sou/ "" pay. U" alts oruou wader 100 Trooie Noo 31. Said pipe line shall be encased in a larger pipe where it passes under any railroad track and for at least ten (10) feet on each side of the center line of any such track. 2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises. If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no- tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of Licensee, and Licensee. shall, upon demand, reimburse to Licensor all such cost with ten per cent (10%) thereon as a charge for supervision, accounting, and use of tools. But failure of Licensor to make such repairs shall not release Licensee from liability for injury or damage resulting therefrom. 10 3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said prem- ises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Li- censee's covenants herein, Licensor may ,cancel and terminate this contract ,on giving to Licensee not less than ten days (10) days' advance written notice of its desire and intention so to do. 4. Upon the termination of this agreement, whether in' accordance with the provisions of. Paragraph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's;premises, and restore said; premises, to .their prior condition or to a condition satisfactory to Licensor's Chief Engineer, and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licenor may remove the same and restore said premises as herein provided as .the 'agent and at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten per, (1076) thereof as a charge for supervision,:-. accounting and use of tools, within ten (10) days after demand therefor. 5. Licensor shall, not be liable for any damage to said Crossing or the contents thereof,. howsoever such damage shall be ' caused, whether by the negligence of Licensor, its agents, servants, or employes, or otherwise. Licensee assumes the risk of, and shall protect, indemnify and save 'harmless Licensor from and against all liability for or , on account of, injury to or death of persons pr damage to property, includ- ing live stock killed- or injured, resulting from or incident to the construction, maintenance, use, operation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents, servants or employes, or otherwise. Licensee shall not have or make against Licensor any claim or. demand for or on, account of any damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by 'said' Crossing or any partthereof. 6. This agreement shall bind -and inure to the benefit of the parties hereto, their successors and as- signs, or heirs, executors' and administrators, but ,Licensee shall not assign the :same without-1he written consent of Licensor. This agreement shall'take effect the- day of — 19 and unless terminated as Aove provided, shall continue in force for M and thereafter until terminated by one of the parties giving to the other not less than thirty (30) days' advance no- tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such notice. In TESTIMONY WHEREOF, witness our hands, this the day and year first above written. MISSOURI-KANSAS-TEXA L OMPANY ensor) 4W V Attest: WimFmident ,�%�� ti� �T , �� -��