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<br /> I�IISCEI�L��N�OUS RECORD V
<br /> 29O58-TH[11UGUfTINEC0.GR11ND1ELAND,NlBR. � .
<br /> AGREFP•fiEn?T Divn.No. 724
<br /> DUPLI CATE ORIGIPIAL
<br /> RR Copy
<br /> � 4 �
<br /> � 12-inch Gas Pipe Line Cross�ing C. D. No. � 5 5
<br /> ^� West of Blaine Street,
<br /> y��i Grand Isla.nd, Nebraska.
<br /> � � THIS AGREFT�ENT, made and entered into this 11th day oP Febru�.ry, �.94g, by and between
<br /> THE ST. JOSEPH AND GRAND IS_LAA?D RAILWAY COMPANY, a corporation of the States of Kansas and
<br /> Nebr�aska, and ita Lessee, UNION PACIFIC RAILRQAD COMPANY, a eorporation of the State of
<br /> Utah (hereinafter collectively called "Railroad Company" ) , and NORTHWEST�N PUBLIC SERVICE
<br /> ,. COMPANY, a corpor2.tion of the 5t�.te of Dela?�are, with x�rincipal blace of business at Huron,
<br /> ` � South Da.kot�, (herein�.fter called "Licensee" ) ,
<br /> ��ITNESS�TH:
<br /> R�CITALS;
<br /> .� � The Licensee desire to construct, ma.intaln and operate a 1�-inch gas pipe
<br /> line (hereinafter referred to as "Pipe Line" ) across the right of' way a.nd under
<br /> � " the tracks of �he Ra.ilroad Comp�.ny, west of Blaine Street, along a Iine parallel
<br /> � (� to and .EO fee� northwesterly of the southe�sterly line (produced westerly) of
<br /> Second Street, at Grand Island, Hall County, NebrasUa, in the location shotan by
<br />, , dashed yellow llnes on the print hereto a�tached dated Janua.ry 17, 7.949, and
<br /> marked "Fxhi'�it A" .
<br /> � A�`RE��ZENT:
<br /> � �g
<br /> � NOT�J THEREFORE, it is mutually agreed by and between the parties hereto as folloz,vs :
<br />� Section l. RAILROAD COP�PANY GRA?�TS RSGHT, .
<br /> In consider�.tion of thP covenants and agreements herein set out to be 'by the Licensee
<br /> kept, observed �.nd ,perforr�ed, the Railroad Company hereby grants to the Licensee, sub,ject
<br /> to �he terMS and conditions herein stated, the right to construct and thereafter, during
<br /> the term hereof, to maintain a.nd operate �he Pipe Line across said right of way and under
<br /> 1 said tracxs in thP loca.tion shown by dashed yellow lines on E�iibit A.
<br /> The foregoin�; grant is sub,ject and subordinate to the prior and continuing right and
<br /> obligation of the Railroad Comp�,ny to use and maintain its entire railroad right of way
<br /> in the performance of its public duty as a common carrier, and is also sub,jec� to the
<br /> ri�ht and power of �he Ra3lroad Company to construct, maintain, repair, rene��v, use, operate,
<br /> ch�nge, modify or reloc�.te railroad tracks, tele�ra��h, telephone, signal or other pole and
<br /> wire lines, pipe lines and other facilities upon, a1on� or �,cross any or a11 parts of said
<br /> right of zaay, a11 or �.ny of tahicn may be freely done at any time or times by �he Railroad
<br /> Company without liability to the Licenaee or to any otner party for compensation or damages.
<br /> Z`he foregoin� �;rant is also sub,ject to all outstandin� superior ri�hts (including
<br /> those in f�vor of telegraph and telephone companies, les3ees of said ri;ht of �aay, and
<br /> o'thers) and thP right of the R��ilroad Company to renew and extend the sane.
<br /> Section 2. COr?STR?TCTION, MAII�TTEr1ANCE AVD OPE�?ATION.
<br /> The Pipe Line sh�ll be constructed, operated, maintained, repaired, renewed and/or
<br /> recanstructed by the Lieensee in strict conformit;� with Un�.on Pacific System Common Standard
<br /> Specifica.tion 1029, �ti copy of zanich, m�,rked '�F�nibit B" is hereto attaehed; SAVING AND EX-
<br /> C'4'PTING that the Licensee, may, if it so elects, omit tr.e ;ate valves specified in paragraph
<br /> 3 of said Specif�ca�ion 102�.
<br /> The Licensee shall keep and maintain the soil over t?�e Pipe Line tnorou�hly compacted
<br /> and the grade even e�ith the ac'.,�acent surf�ce of the ground.
<br /> Prior to the commencemen'� of any work iri connection wi�h the construction, maintenance,
<br /> repair, rene�.,ral or reconstruction of the Pipe Line where it passes underne�th the roadbed
<br /> and track or tracks of the �ailroad Company, the Licensee shall submit to the R�ilroad
<br /> Compa.ny plans setting ou� trie method a,nd manner of handling the work and shall not proceed
<br /> with the T�rork until such plans sha11 have been approved by the Chief Engineer of the Rail-
<br /> road Company and �hen only under the supervision of said Chief En�ineer or his representative.
<br /> The Railroad ComPany shall h�ve the right, if it so elects, to provic�e such support as it may
<br /> deem necessary for the safety of its track or traeks during the time of construction, main-
<br /> tenance, rep�ir, rene•aal or reconstruction of the Pipe Line, and in the event the Railroad
<br /> Company provides such suppart the Licensee shall pay to the Railroad Company, within fifteen
<br /> days after bills shall have been rendered therefor, all expense incurred by the Railroad
<br /> Company in connection therewith, which said expense shall �.nclude all assignable costs
<br /> 2 plus ten per cent (10�) to cover elements of e�pense not c�,pable of exact ascertainment.
<br /> � �+ ,
<br /> Section . NOTICE OF COM..ENCEMEN.� OF �dORK.
<br /> 3
<br /> The Licensee shall notify the Railroad Company at least forty-eight hours in advance
<br /> of the commencement of any work upon said right of way in connection t�Jith the construction,
<br /> mainten�.nce, repair, reneTaal or reconstruction of . the �ipe Line.
<br /> Section �-. LICEiJSEE TO BEAR ENTIRE EXPENSE.
<br /> The Licensee s7za11 b ear the entir e cost and expense incurred in connection with the
<br /> conatruction, mainten�.r.ce, repair and renew��l and any and all modification, revision, re-
<br /> location removal or reconstruction of the Pi e Lin i
<br /> e ncludin n nd
<br /> , p , g a y a all expense which
<br /> may be incurred by the Railroad Company in connection therewith for supervision or inspection,
<br /> or otherwise. �
<br /> Section 5. P�IODIFICATION OA RELOCATION OF PIPE LIN�'.
<br /> The Lic�nsee shall, �.t its sole expense, make any and all modifications or changes in
<br /> the Pipe Line, or move all or any pa,rt thereof to such ne��r location as may be required by
<br /> the Railroad Comz�any �t any time in connection with the construction, maintenance, repair,
<br /> renetiaal, use, operation, ch��.n�e, Modif3.cation or reloca'�ion of railroad tracks, tele�raph,
<br /> tel.ephone, signal or other pole and wire linPS, pipe lines and other facilities of' the Rail-
<br />' road Company u�on said rlght of way.
<br /> All the terms, conditions and stipulations herein expressed with reference to �he
<br /> construction, r�aintenanee, repair and rene�aal of the Pipe Line on saic� r�.ght of way in the
<br /> loc tion hPr inb or s r b sh
<br /> a � e e f e de c i d al 1 t o th
<br /> e a nl e Pi e Line as modi i
<br /> �� Y p f ed chan ed or re-
<br /> locate� 1�aithin the contempla.tion of this section.
<br /> , �
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