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<br /> 1�ISC�L�AI��EOLJS �t.]ECORD '�
<br /> 17604--The Auguatine Co., County 3uppHea, Grand Island, Nebr. . � �,
<br /> AGREEMENT Nebr. Divn. File ND -1323)v'�
<br /> DUPLICATE O�IGINAL
<br /> 2-�t.nch �a s T�ipe line cros�in R.R. Copy
<br /> a.t west end.� of Grand Island �ard. Cont. Dept. No. 25�57
<br /> THIS AGREEME"i�tT, m�,de anc� er�ter�d into tnis 13�h day of August, 19�+1, by and between
<br /> UNION PACIFIC RAILF.OAD COMPANY, � cor��or�tion of tn.e State of Utah (hereinafter called
<br /> "Ra.ilroad Companv'� ) , and KANSAS-NEBRASKA NATUR,AL GAS COMPAiJY, INC. , a corporation of tne
<br /> State of K�.nsas (riereir.after called "Licensee�' j ,
<br /> WITNESSETH:
<br /> RECITALS:
<br /> The Licensee desires to construct, maintain and aperate a 2-inch gas pipe line �herein-
<br /> after refer.red to as "Pipe Line" } �.cros� the ri�ht of wa.y and under tne tracks of tne Rail-
<br /> ro.=d Company alor�g a line pa.rallel to and distant 3G feet east of the west line of Section
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<br /> 19� 'I'oTnTrish�p 11, NortYi, Range 9 West of tne 6th PM. nea.r Grand Island, Hall Co�anty, l�ebra.sYa,
<br /> � d d J 4 4
<br /> in t�ie 1oca.tion shawn f�y yello,� lines on tne brint hereto attached ate uly 1 , 19 l, and
<br /> marked "Exhibit A" .
<br /> AGREEMENT:
<br /> NOW T��EREFORE, it is mutually agreed by and between the parties hereto as folloti,�s:
<br /> Sec�ian 1. RAILROAD COMPAi�1Y GRANTS RiGHT.
<br /> In consi��_eration o�' the coven�nts and agreeme�ts nerein set out to be by the Licensee
<br /> kept, observed and performed, the Railroad Company hereby grants to tr�e Licensee, subject
<br /> to the terms and conditions ne.rein stated, the right to construct and thereafter, during
<br /> the term he .reof, to maintain ana operate t:�e �'ipe Line across said right of way and under
<br /> said trac'_�s in trie location sho?an by yelloti,r lines on Exriibit A.
<br /> l.
<br /> Tne f�regoin��; �,r��.nt is sub,ject and subordinate to the nrior and cor�tinuing right and
<br /> oblig�tion of the Railroad Comp�-�ny �o use and maintain its entire railroad ri�ht of way
<br />� in the perform�.nce of its publio duty as a common carrier, ana is also sub�ject to the
<br /> rignt anc� power of the Railroad Company to construct, maintair:, repair, renew, use, operate,
<br /> chan�e, �nodify or reloc<�te railroad tracks, tele�raph, telephone, signal or otner wire lines,
<br /> �ipe lines �nd other fr.cilities u�on, alon� or acro�s any or all parts of said rignt of T�ray,
<br /> all or any of «hich may �e freely done at any time or times by the Railroad Company T��ithout
<br /> liability to the Licensee or to any other party for com�ensation or damages.
<br /> `T'rie foregoirlg �r�nt is alsc sub,ject to all outstanding superior rights �including those
<br /> in favor of tele�ra.ph and telephone companies, lessees of s�id rin�nt of uaay, and others)
<br /> and tne ri�:�t of t'rie Railroad Compa.ny to renew and extend tne same.
<br /> Section 2. COfJSi'RUCTIOi�, MAIivlENANCE AND OPE:�:ATION.
<br /> The P�pe Line shall be constructed, operated, mai.ntained, repaired, renewed and�or �
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<br /> reconstructed by the Licensee in strict conf'ormity �1Tith Union Pacific System Common Standa.rd ;
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<br /> Specific�.tion 1029, ?ti�ich is hereby, by reference, r���,de a part hereof. A copy of said
<br /> Specif ication� 1029 is on file in the of fice of' the Chief Er�gineer of the R�ilroad Company
<br /> and a copy thereof has heretofore been furr�i�ned to tne Licensee.
<br /> The Licensee si�all keen and maintain tne soil over tne Pipe Line thorou�hly compacted
<br /> a.nn tne grac�e even ��rith the ad,jacent surfa��e of tne ground.
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<br /> All ?�rork perf'ormed on said ri�h'G of way in connection ti�ritn tr.e construction, main�er�ance,
<br /> repa.ir, renew�.l or reconstruction of tne Pipe Line shall be done urZder the supervision and
<br /> to the satisfaction of the Railroad Compar.y.
<br /> Prior to the commencement of a.ny �,�rork in connection Taith the construction, maintenance,
<br /> rep��ir, renew�l or reconstruction of tne Pipe Line tianere it passes underneath tne roadped '
<br /> and track or tracks of tne Ra.ilroad Company, the Licensee sh�ll s�.;bmit to t'r�e Railroad
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<br /> Comp�ny pl�_ns settinT out the method a.nd manner af handling the taork and shall not proceed �
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