20200813Falls Water to Staff 29 Attachment 9.pdf

CONTRACT
L. D • No • 2 2 8 3 2 Audit No.
Between
OREGON SHORT LINE RAILROAD COMPANY,
UNION PACIFIC RAILROAD COMPANY
and
FALLS T'lATER COMPANY
Water Pipe i.ine Crossing
Near
Wilkinson, Idaho
(M. P. 20.30)
--~---
DUPLICATE QR;GINAL -LICENSEE'S COP~
-----------------
4 6 6 5 6 7
,1 Ll~~q) (J>,Q) 56 AM '7~
-r,, ••1''' of &:>nntwlflb ) M
, : ·y certify rtlOI thie within In­
,, wris rocon:l.:x1 & micrnfilmr·
(/' -\ ' ~ ,J -'/ t tJ D «...,.! 9../--, __ {L~-.M fee ---·-·
Kl "H l ONG, O:Jol ity K.t-xoroo r
<--::::, '~ I ly .. "-o-~~.1..:.;..,.;.1.;.L;~~--~ltlty
I . I, . ' , I J~11tlli'.'C:1 of \J, .t..f.· ..).J. \ .. I.,>)(~:'> 'tv....J·)1 ~"-.1 ~')..'J;i
~~,~~~-_:~~ ~.J.-)
------·--
(' --'-'
PIPE LINE AGREEl\IENT
fHIS AGREEMENT, made and entered into this~ day of (}_ · t~
19 7 4 , by and between - - - - - - - - - - - -~6R,EG ON
SHORT LIN.8 RAILROAD COMPANY, a corporation of the State of Utah,
and its Lessee, UNION PACIFIC RAILROAD COMPANY, a corporation of the State
of Utah, (hereinafter collectively called "Railroad Company"), parties of the first part,
and
FALLS WATER COMPANY, an Idaho corporation,
(hereinafter called "Licensee"), party of the second part, WITNESSETH:
WHEREAS, the Licensee desires to construct and thereafter maintain and operate
a water pipe line (hereinafter called "pipe line") extending underground across the
right of way and underneath the roadbed and track of the Railroad Company at
.MP 20 .3 on the Goshen Branch, near Wilkinson, in
Bonneville County, Idaho,
in the location described as follows, to-wit:
Said pipe line is to cross center
line of track at an angle of 73° 44'
thereto at Bngineer's Station 1071 + 61.0
which is 1514.0 feet northerly, measured
along said center line, from its inter­
section with the south line of sec. 14,
Township 2 North, Range 38 J::ast, Boise
Meridian, substantially in the location
shown in yellow on the attached print,
dated May 6, 1974, marked Exhibit "A",
and hereby made a part hereof.
IT IS THEREFORE AGREED, by and between the parties hereto as follows,
to-wit:
1. RAILROAD COMPANY GRANTS RIGHT TO LICENSEE:
The Railroad Company does hereby grant unto the Licensee the right to con­
struct and thereafter, during the term hereof, to maintain and operate the said pipe
line in the location hereinbefore described, which grant is made expressly subject to
the observance and performance by the Licensee of all and singular the conditions,
covenants and agreements hereinafter contained to be by the Licensee kept, observed
1
PIPE LINE AGREEMENT
and performe<l; it being hereby stipulated that a waiver by the Railroad Company of
any hreach of any such conditions, covenants and agreements shall in no way impair
the right of the Railroad Company to avail itself of any subsequent breach thereof.
2. SIZE AND KIND OF PIPE:
The said pipe line where it crosses underneath the said roadbed and track
i
shall be constructed of 10-inch CI pipe, encased in 50 feet of CM,
pipewithaninternaldiameterof sixteen (16) inches,
jm:b.it and the same shall be constructed and maintained at such an elevation that
;he top thereof shall not be less than 4. 9 feet below
the base of the rails of said track •
3, LICENSEE TO BEAR ENTIRE EXPENSE:
The Licensee shall bear the entire cost and expense in connection with the con­
struction, maintenance, repair or renewal of said pipe line, including any and all
expense which may be incurred by the Railroad Company in connection therewith for
supervision, inspection, or otherwise; but all the work upon the same within the limits
of the right of way of the Hailroad Company shall be done under the direction of and
according to the plans and specifications approved by the Railroad Company.
'· APPROVAL OF PLANS:
Prior to the commencement of any work in connt>ction with the pipe line (whether
of construction, maintenance, repair, renewal, modification, relocation, reconstruction
or removal), the Licensee shall submit to the Railroad Company plans setting out the
method and manner of handling the work and shall not proceed with the work until
such plans shall have been approved by the Division Engineer of the Railroad Company
:ind then only under the supervision of said Division Engineer or his representative. The
Railroad Company shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time such work
is being done and, in the event the Railroad Company provides such support, the
Licensee shall pay to the Railroad Company, within fifteen days after bills shall have
been rendered therefor, all expense incurred by the Railroad Company in connection
therewith, which said expense shall include all m;signable costs plus ten per cent (10%)
to cover elements of expense not capable of exact ascertainment.
5. PERMIT SUBJECT TO NEEDS OF RAILROAD COMPANY:
The Railroad Company notwithstanding the aforesa'.d grant shall have the
right to retain its existing track at and in the vicinity of said pipe line ini ts
present location , and nothing shall be done or suffered to be done by the Licensee
at any time that shall in any manner impair the usefulness or safety of such track
or of any other tracks that may hereafter be constructed within the limits of said
right of way; and the Railroad Company reserves and shall have the right at any and
all times to make such changes in said existing track and structures, or in the
present standard thereof, and to construct, maintain and operate such additional
tracks or structures where said pipe line is to be consfructcd, and across the same,
as from time to time it may elect; and the Licensee shall bear the expense of moving,
removing or making such modifications in said pipe line as may be required by the
Railroad Company in connection with such changes in said track and structures,
or in the present standard thereof, and such additional tracks or structures. The
obligation of the Licensee in this agreement prescribed with reforence to the main­
tenance, rl'pair and renewal of said pipe line as originally constructed shall apply to
said pipe line as relocated, changed or modified within the contemplation of this section.
6. PIPE LINE NOT TO INTERFERE WITH OPERATION OF RAILROAD:
The said pipe line and all parts thereof within and outside of the limits of the
right of way and premises of the Railroad Company, shall be constructed and at all
times maintained, repaired, renewed and operated by the Licensee in such a manner
as to cause no interference whatsoever with the constant, continuous and uninterrupted
use of the tracks, property and premises of the Railroad Company, both as regards
operation, maintenance, repairs or renewals, or possible new construction by the
Railroad Company.
7. SALE OF RIGHT OF WAY:
In the event the Railroad Company shall dispo8e of any portion of its property
on which the pipe line is located as herein provided, the right or license herein granted,
with respect to such portion of the pipe line as may be located on the property of the
·Railroad Company so disposed of, sh.all forthwith cease and determine.
-
PIPE LINE AGREEMENT
8. LICENSE SUBJECT TO SUPERIOR RIGHTS:
The license herein granted is subject to all outstanding superior rights (including
those in favor of telegraph and telephone companies, lessees of said right of way, and
others), and the right of renewals and extensions of the same, and is made without
coven::int of title or for quiet enjoyment.
9. i\IODIFICATION, RELOCATION OR REMOVAL OF PIPE LINE:
This license or permit is made subject to the needs and requirements of the Rail­
road Company in the operation of its railroad and in the improvement and use of its
property and the Licensee, at the sole cost and expense of the Licensee, shall move all
or any portion of the pipe line entirely off the right of way of the Railroad Company,
or to such a new location thereon as may be designated by the Railroad Company
whenever in the furtherance of such needs and requirements, the Railroad Company
shall find such action necessary or desirable; PROVIDED, however, the Licensee shall
not be required under the terms hereof to move entirely off of said right of way any
portion of the pipe line constituting a crossing of the entire right of way of the
Railroad CompanY.
10. LIABILITY:
The Licensee shall indemnify and hold harmless the Railroad Company from and
against any and all damages, claims, demands, actions, causes of action, costs and
expenses of whatsoever nature which may result from the death of or injury to any
person whomsoever, or from the loss of or damage to property of any kind or nature,
including damage to the roadbed, tracks, equipment or other property of the Railroad
Company, when such death, injury, loss or damage is due to the existence of said pipe
line or to the construction, maintenance, operation, repair, renewal or removal thereof,
or to the contents therein or therefrom.
11. DISUSE OF PIPE LINE:
Disuse of said pipe line for the purpose for which it was originally constnicted
continuing at any time for a period of one year, shall constitute an abandonment
thereof by the Licensee and of the grant herein made, and in case of such an abandon­
ment or the breach by the Licensee of any of the conditions, agreements and covenants
he1·ein contained, the Railroad Company shall have the right to terminate this agree­
ment at any time by giving thirty (30) days notice in writing to the Licensee of its
intention to terminate the same, and at the expiration of said thirty (30) days notice
the license herein granted shall terminate and be at an end, and the Licensee shall
be without recourse or redress of any character against the Railroad Company by
reason thereof.
12. REMOVAL OF PROPERTY OF LICENSEE:
Within fifteen (15) days after the termination of this agreement howsoever, the
Licensee shall remove all property of the Licensee herein providi>d for from that portion
of the right of wa~r of the Railroad Company not occupied by the said roadbed and
tracks, and shall restore the same to its original condition to the satisfaction of the
Railroad Company; and if the Licensee fails so to do the Railroad Company may do
such work of removal and restoration at the cost and expense of the Licensee. The
Railroad Company may, at its option, upon such termination, at the entire cost and
expense of the Licensee, remove that portion of said pipe line located underneath said
roadbed and tracks and restore said roadbed to its original condition, or it may permit
the Licensee to do such work of removal and restoration under the supervision of the
Railroad Company; and in the event of the removal by the Railroad Company of the
property of the Licensee as herein provided; and of the restoration of said roadbed and
right of way to their former condition, the Railroad Company shall in no manner be
liable to the Licensee for any damage sustained by the Licensee for or on account
thereof, and such removal and restoration shall in no manner prejudice or impair any
right of action for damages or otherwise that the Railroad Company may have against
the Licensee.
13. AGREEl\IENT NOT TO BE ASSIGNED:
The Licensee shall not assign this agreement or any of the rights hereunder with­
out the consent, in writing, of the Railroad Company first had and obtained.
3
I 1.
I
.· '
PIPE LINE AGREEMENT
14. NOTICE:
Before commencing any of the work or the construction of fac.ilities, or the modifi­
cation or change of existing facilities, provided for in this agreement upon the right
of way of the Railroad Company, the Licensee, or those acting under its authority,
shall give written notice to the Superintendent of the Railroad Company at least 48
hours prior to the date upon which such work or construction shall commence. Should
the Licensee fail to furnish notice as provided, the Railroad Company may deny the
Licensee entry to the right of way until such notice is furnished.
15. INSPECTOR AND FLAGMAN:
The Railroad Company may, if in its judgment such becomes necessary, furnish
at the expense of the Licensee such inspector vs it deems reasonably necessary for the
purpose of making inspection of all work perfonned by the Licensee or those acting
under the authority of the Licensee. Such inspector shall have authority to control the
operations of the Licensee and those working under its authority while excavating or
doing any work adjacent to or foul of any of the railroad tracks in the area of the work
or construction. The Railroad Company may also furnish, at the expense of the Licensee,
such flagman and watchman as may be reasonably necessary to protect railroad traffic
during the construction or work contemplated by this agreement.
16. EFFECTIVE DATE -TERM:
This agreement shall be effective from and after the day and year first herein
written, and shall continue in full force and effect until tenninated as herein provided,
it being understood, however, that should the Licensee enter upon, or perform any work
upon thb right of way prior to said effective date, the terms of this agreement shall
apply thereto.
17. SUCCESSOR AND ASSIGNS:
This agreement shall be binding upon and inure to the benefit of the Railroad
Company, its successors and assigns, the Licensee and the successors in interest of the
Licensee.
18. RENTAL: The Licensee shall pay as rental for the term
hereof the sum of ONE HUNDR8D FIFTY DOLLl\RS {$150.00),
payable to Union Pacific Railroad Company upon the
execution and delivery of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in duplicate the day and year first herein written.
Witness:
,,..-·· ) -~····
--_.
OREGON SHOR·r Lil-m RAILROAD COMPANY I
UNION PACIFIC RAIL OAD COMP ANY
BY·······-··-······-··-··-············-······-······························-··-. General Manager
FALLS WATER COMPANY ,
4
-
. ·
STATE OF OREGON
COUNI'Y OF Multnomah
)
) ss.
)
(GM-C)
on the d< day of~ , 19 74 ,
before me, a Notary Public, ~ appeared
G. H. BAKER to me personally known to be the
General Manager of Oregon Short Line Railroad C!c:apany
and UNION PACIFIC RAILROAD COMPANY, who being duly sworn
did say that the foregoing instrwrent was signed, sealed
and executed in behalf of said corporations by authority
duly conferred by their By-Laws, and acknowledged to me
said instrumant to be the free act and deed of said cor­
porations •
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and }ear first in
this, my certificate, written.
My Commission Expires:
~ P? /Y7F
STATE OF J:c/oA o )
Notary Public;'/ . --: _
Residing at ~ortland, __ or-egon· -,~ ·---,_
ss.
COUNTY OF Bon/?PJ-'//4 )
rH on the .2 7-aay of June , 19 74 , be-
fore m , a Nota,ry Public, personally appeared LJea-/7 L, ~~ve// nrlq M/cc;r to roo personally known to be the
Cor. , a -.r c.@r,,s-of FALLS WATER COMPANY
~~~~~~~~~~~~-' who being duly sworn did say
that the seal affixed to the foregoing instrument is the
corporate seal of said corporation, and that said instru­
ment was signed, sealed and executed in behalf of said
corporation by authority duly conferred according to law,
and acknowledged to me said instrument to be the free
act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first in
this, my certificate, writt~ ' f< ~~'~ £ flde~~
~;
~
1111: ... ...
-~ ~
;J ltj .. .... -·'-' :""' ;a 1' ,.. ~~ -
·~4
-, ~~. ..... ~Ck ~~~
~ ... ~i~~ ~!' ~~a~ t:: ~~~ '~
._
I
'
-,,,
~-"' ~
IXHIBl'l' "A" OR!OON SHORT LlHE RAILROAD CO •
Union Pacit1e R.Ro Co.(Leseee)
I'
Goab• ~ch · xY;""~>:"""·""'-,.
Near WILKINSOB
To accaap&IV" a.greeaent with
FALLS WATER CCJO>AIY COTeriJa&
10" C .I .P. W.ter_ line X...ing.
Seal•• 111-4001
OFFICE OF &IVISIOJl·mGIIDR
Pocatello, Idaho 5-6-1974 •
Pipe Crossing-Shown ••• Yellow "'
R•R.R/w Outlined.o.•e····.Jt-1
. 40.S-1339 s