HomeMy WebLinkAboutPipe Line License Missouri-Kansas-Texas 05.17.19602500-11-59
Pipe Line License
Form 179
(Revised 11-1959)
AGREEMENT, made this 17th day of ft A. D. 19 6Q between
MISSOURI -KANSAS -TEXAS RAILROAD COMPANY 41 TMW hereinafter called "Licensor," and
CEORGE"It address compumn State of
Tax" hereinafter called "Licensee."
1. In consideration of the payment in advance of VOM"IM go NOn0013ollars ($43•0 )
receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor
hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main-
tain, and operate Oft pipe line, hereinafter called the "Crossing," not exceeding 0
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 in the
State of 'few"
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San Antooa.o 5ubdivis2.on Tracjc I.C.L. R ,. 11 ao�rttierty rlgirt. af'M.iy Line'.ij'feot
southeasterly and s,t right angle f rem vdluatl on c hal rarW s t,ata nn 24 plus 87;
Thence dsfleetuA an angle of 9U degrees, more or less, to the left, north-
westerly measured from said southerly right of way line, a distance of 47 feet,
more or lees, crossing under said tracts at valusti.on chsaning station 24 plus87,
to a manhole;
Thence deflecting an angle of y0 degrees, more or less, to the left, south-
wasterly 3 feet southeasterly and parallel with t?w northerly right of way line,
a distaaco of 103 feet, more or less, to a manhole;
Thence southwesterly a distance of S feet, more or less, to a point of leawi.ng
said Railroad Compagy's right of way distant 25 feet measured Northwesterly at
right angles from valuation shah!.. station tion 25 pl m y5.
All as shown on print of Drawing No. A-.26, 77y, dates! May 12, 1960s Engineering
Department, Dallas, Twtas, attaohed and made a part hereof.
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 (105/6)
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.
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EX1418(T"A"
Ls. -Ar -C) To CONTRACT DATEO
BETWctN
)URI-KANSAS-TuAS f. R CO.
AND
CIT_ Y OF GEORGETOWN
COVERING AN,8*' SFW[R oN R/W oPP. MP. 92371
GEORGETOWN, WILLIAMSON 60,TEXAS
ENGINEERING DEPARTMENT DALLAS.TfIA
SCALE 1'= 100 MAY 12,1960
TRACED 13y" .1• Z. CHECKED BI""
DRAWING No. A-26,77 9'
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 Licensors 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 (10%) 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 or 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 part thereof.
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 the written
consent of Licensor.
This agreement shall take effect the lith day of
and unless terminated as above provided, shall continue in force for
11M (l) 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-TEXAS ILROAD COMPANY T
(Licensor)
114A )d
Titl slice P sident & Gen. Manager
era or awwrmIIE
( nsee)
By
Attest : `t ` Titl
Addres
-170
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