HomeMy WebLinkAboutGeorgetown Railroad Company Pipe Line License Unsigned 1959PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, 1959s
Witnesseth: The undersigned Carrier hereby grants, but on solely the
herein expressed terms and conditions, and the undersigned Licensee,
(a Municipal Corporation of the State of Texas), to be addressed at
Georgetown, Texas, hereby accepts, permission to install, keep and use
for conveying water the Licensee's own one certain proposed cast iron
pipe, 6 inches in diam6ter, and appurtenances, including casing, herein
called Pipe Line, on the Carrier's property, herein called Premises.
Pipe Line will be used for conveying water at maximum pressure of 60_
pounds per square inch, Pipe Line shall intersect Carrier's existing
tract Engineer's Chainage, in 23/00 in C. Stugglefield Survey, Will-
damson County, Texas, at or near Georgetown. Approximate location of
Pipe Line is indicated by heavy blue line on Exhibit A attached hereto
as part hereof.
1. Licensee shall furnish or do at Licensee's own cost and re-
sponsibility any and all things and when and as from time to time re-
quired to accomplish whatsoever the Licensee attempts or is bound to
do at any time hereunder. Licensee shall adjust Pipe Line to any
physical chAnge as made at any time in any of Carrier's property; at
all times keeping upper sutface of Pipe Line at least four and one-half
feet below bottom of rail thereover. Said things, including the time
and manner of doing any work, each shall conform to the requirements of
Carrier as well as of any State, Federal or Municipal authority. Carrier
may acting for Licensee furnish or do, and Licensee shall pay and bear
the cost of, any,hing which, herein required of Licensee at any time,
wither shall not be furnished or done within ten days following Carriers
written request therefor or shall be undertaken by Carrier at Licensee's
request; and Licensee on request shall in advance deposit with Carrier
the estimated cost thereof. If deposit be less than actual cost, Licensee
shall pay difference; if more, Carrier shall repay difference. Licensee
when returning this license (signed) shall pay to Carrier ten dollars
for preparing it. Any other payment shall be made within twenty days
following receipt of bill. Licensee shall pay cost to Carrier for all
Im
labor, Including wages of foremen, plus 10% to cover accounting and
supervision, Carrier's cost price of all materials f. o. b. Carrier's
rails, plus 10% to cover handling and accounting, plus freight at
tariff to point of use, and excise taxes applicable to said labor and
materials. Carrier may connect with and discharge sewage into Pipe
Line while serving as sewer.
2. Licensee agrees to (a) idenmify and save harmless the Carrier
from and against all claims, suits, damages, costs (including attorney's
fees), losses and expenses, in any manner resulting from or arising out
of the laying, maintenance, renewal, repair, use or existence of Pipe'
Line, indluding the breaking of the same or any leakage therefrom, and
(b) assume all risk of loss or damage to Pipe Line and the contents
thereof regardless of how caused.
3. Term hereof shall begip with , 1959, and continue
thereafter until concluded (1st) by expiration of thirty days following
serving, by Licensee on Carrier, or vice versa, of written notice of
intention to end term hereof or (2nd) at Carrier's election without
further notice, by expiration of six months without the Pipe Line having
been installed br by Lidensee failing (a-1) to cure any default or (a-2)
to show statutory right to install Pipe Line (b) within thirty days
following Carrier's written request therefor. Any notice of Carrier
shall be deemed served when posted conspicuously on Pipe Line or when
deposited, postage prepaid, in U. S. Mail addressed as aforesaid. Not
later than last day of term hereof Licensee shall remove Pipe Line and
restore Premises. Any of Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. Covenants herein shall
injure to or.bind each party's heirs, legal representatives, successors
and assigns; provided: no right of Licensee shall be transferred or
assigned, either voluntarily.o.. .. „,.._ r involuntarily, except by express agree-
ment acceptable to Carrier. Carrier or Licensee may waive any default at
any time of the other without affecting, or impairing any right arising
from, any subscquent default.
GEORGETOWN ROA MPAN ,moi
- BY
aAx.�ident-Operation
WITNESSES 07$ CITY OF GEORGETOWN, TEXAS
BY BY
Mayor
Secretary
5
RESOLUTION
BE IT RESOLVED, by the City Council of Georgetown, Texas,
(a Texas Municipal corporation), that C. A. Forbes, said Municipality,
be and he,is hereby duly authorized and fully empowered to enter into
and execute, for and in the name of said corporation, one certain
written agreement, dated , 1959, between said corporation
and Georgetown Railroad Company, herein called Carrier, respecting
among certain things the construction, ownership, maintenance and use
of one certain 6 inch water line crossing Carrier's premises at.
Engineer's Chainage Station 23/00, at or near Georgetown, Texas, all
as more particularly set out in said agreement, to which reference is
made the same as if fully set out herein.
I, C. A. FORBES as MAYOR of said corporation, do hereby certify
that the above and foregoing is a true copy of the resolution duly
passed, approved and ddopted, as by law preseribed, by and on behalf
of said corporation by its City Council in session on
1959.
IN TESTIMONY WHEREOF, witness my seal and signature hereto affixed
Mayor
Secretary
"K 5acTwN- No 5c,%% -L. ".
IS691
EXHIBIT "A"
fA(5,SoUo! PACIFIC RA�LROAD
SAN ANTONIO D(V 151ON
PuPyr► —SHOW ► N ._-_
PROPOgVfl G" WATF-S:L N�
CRoSs» OF CITY G F _.
OLOR6tTowK
nn.P 9+tz
do
7jff,ce d AS° 5ta�t Fngynet�, Pa est tee, ex
Note Beak Zlca1e, AS SMtOwH
D�aftsmaR.Q.S. �te10-10-51. Ft'e No.L11 11
RA
4
ii C0
�+N .✓ - f '
r
�.,„i1.. •,r f• � +� r ",r. r '`:may
60
it,
417.
o x
X j4..
„
� I'd �.� M t .�„� • wi', „6 �5 `�;
'A
MISSOURI PACIFIC LINES
PLAN SHOWING
N / ,
sec..1_,�' --
Office of Division Engineer Palestine, Taxan
MW -1V -}iAANMl5AJ V
dWn.LS QNV NIV-i:)3W