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<br /> I�IISCEI�LANEOUS RECORD V
<br /> 29058-TXf11U00{71NECO.CMNDifLAMD.N!!R. . � � . � ' ��
<br /> AGRFEMENT Divn.r10. 724 �t
<br /> DUPLICATE ORIGINAL ��
<br /> UP Copy �
<br /> 1-,�z--inch Gas Pipe Line Crossing C.D. No. 3�+515-1 �
<br /> Sug�,x Factory 5pur
<br /> Grand I slanc�, Nebra.ska �
<br /> ��
<br /> THIS AGREE2�2FNT, mac�e and entered into this llth day of February, 1g�+9, by and bet*�*een �
<br /> �JNION PACIFIC RAILROAD COT�IPANY, a corporation of the State of Utah (hereinafter called
<br /> '�Railroad �ompany" ) and NORTH'.�JEST�N PUBLIC SERVICE COMPArJY, a corporation of the State of
<br /> DelaTaare, �aith principal pl�.ce of business at Euron, South Dakota (hereinafter called
<br /> "Licensee" ) , WITN�'S�ETH: �=
<br /> �
<br /> RECTTALS:
<br /> The Licensee desires to construct, maintain and operate a l�- inch gas pipe ,
<br /> line (hereina.fter referred to as "Pipe Line" ) across the right of way and under �
<br /> the tr�cks of the Railroad Company at a point 910 feet distant, more or less, � � .
<br /> (when measured alon`� the center line of the Railroad Company' s Sugar Factory � �
<br /> Spur) southwesterly of the north and south center line of Section 20, Township �
<br /> 11 North, Range 9 West of the 6th P.M. , at Granc? Island, Hall County, Nebraska, _
<br /> in the location shown bSr d�.shed yellow lines on the print hereto attached dated
<br /> January 17, 1949, and marked "Exhibit A" .
<br /> AGREEMENT:
<br /> NOW TH�'RFFORE, it is mutually a�reed by and between the parties h ereto as follows :
<br /> Section l. RAILROAD COP�IPANY GRANTS RIGHT.
<br /> In considera,tion of the coven�,nts and agreements herein set out to be by the Licensee
<br /> kept, observed �nd performed, t�e Railroad Company hereby grants to the Licensee, sub,� ect
<br /> to the terms and conditions herein stated, the right to construc� and thereafter, during
<br /> the term hPreof, to m�,intain and opera.te the Pipe Line across said right of way and under
<br /> said tracks in tl^,e location shot�n by dashed yellow lines on Exhibit A. 1
<br /> The foregoin� gr�nt is SL1b,�PCt and subordin��te to the prior and continuing ri�ht and
<br /> obligaticn of the Railroad Company to u�e and maintain its etztire r�.ilroad right of way in
<br /> the pPrform<�,nce of its nublic duty as a comrnon c�rrier, and is also sub,�eet to the right
<br /> �nd po���er of the Failroa,d Company to construct, maint�in, repair, rene*�a, use, operate,
<br /> ch�.nge, moc�<ify or relocate railroad tra.cks, tele�raph, telephone, signal or other polP and
<br /> wire lines, �ipe lines and other�facilities upon, along or across any or all p�,rts of said
<br /> right of �aay, a11 or any of c�hich may be freely done at any_ time or times by the Ra.ilroad
<br /> Comn�,ny ���ithout liability to the Licensee or to a,ny other party for compensation or damages.
<br /> The foregoing grant is also sub,ject to all outstanding super3or rights (includin�
<br /> those in f�.vor of telegraph and telephone comx�anies, lessees of said right of way, and
<br /> others) and. the ri�ht of the R�ilroad Cor!pany to rer.ew and extend the same.
<br /> Section 2. CONSTR?:TCTION, P�IAINTENANCE AND OPERATION.
<br /> The Pipe Line shall be constructed, operated, maintained, repaired, renewed and/or
<br /> reconstr��cted by the Licensee in strict conformity taith Union Pacific System Common Stan-
<br /> d�rd Speci�'ica.tion 1029, � copy of which, m�,rked "Exhibit B" is hereto attached; SAVING
<br /> AND F.XC�.�'I-'TING th�t the Licensee may, if it so elec'�s, omit the g�.te valves specified in
<br /> pa.ragraph 3 of said SpeciPica,tion 102a.
<br /> The Licensee shall keep ��a.nd m��.intain the soil over the Pipe Line thoroughly compacted
<br /> and the grade even with the ad,jacent surface of the ground.
<br /> Prior to the comnencement of any saork in connection with the construction, maintenance,
<br /> repair, r. �ne����1 or reconstruction of the Pipe LinP where it passes underneath the roadbed
<br /> �nd track or tracks of the Railrvad Company, the Licensee shal 1 submit to the Railroad
<br /> Company I�lans settin� ou� the method and manner of nandling the work and shall_ not proceed
<br /> with thP taork until such pl.ans shall have been approved by the Chief Engineer of the Rail-
<br /> road Company and then only under the supervision of said Chief En�ineer or his representative.
<br /> The Railroad Company shall have the right, if it so elects, to provide such support as it
<br /> rnay deem necessary for the safet�T of its track or tracks during the time of construction,
<br /> maintenance, rep�.ir, rene7aal or reconstruction of the �ipe Line, and in the event the P�ail-
<br /> road Compa,ny provides such supr�ort the Licensee shall pay to the Ra.ilroad Company, within
<br /> fifteen days after bills shall h��,ve been rendered therefor, all expense incurred by the
<br /> R�,1lroad Company 3.n conneetion �hereT�ith, �ahicn �aid e.�cpense shall inclucle all assignable
<br /> costs plu� ten per cent (10�) t� covAr elements of ex��ense not c�.pable of ex�.ct ascertainment. 2
<br /> Section 3. NOTICE OF COMT-ZENCE?�IENT OF '�JORK.
<br /> mhe Licensee shall notify t�ie '��ilroad Company a.t least for�y-ei�ht hours in a.dvance
<br /> of' the commencernent of �,ny *f�ork ux�on said ri�ht of ��ray in connection �aith the construction,
<br /> maintenance, re�a.ir, rene?.aal or recons�ruction of the Pipe Line.
<br /> Section �. LI^�?�1SE�' TO B;'�AR ENTIRE �'XPENSE.
<br /> The Licensee s�iall bear the enti�^e cost and expense incurred in connection ?aith the
<br /> constrvction, ma�nten�.nce, repair and rene?,�a1 and any and all modific�.tion, revislon, re-
<br /> loc�tion, remov�,l or reconstruction of�the Pipe Line, including any and'all expense tiJhich
<br /> ma,y be incurred by the Railroad Company in connection therewith for supervision or inspection,
<br /> or otner?.��ise.
<br /> Section 5. P�IODIFIC.?�TION OR RELOCATIOI�T OF PIPE LIPJE.
<br /> ' T�ie Licensee' shall, at its sole expense, make any and a11 modifications or changes in
<br /> the PipP Line, or rnove all or any part thereof to such ne?.a loc�tion as rnay be required by
<br /> the Railroa�t Compa.ny at any time in connection with tYie constr�zction, maintenance, repair,
<br /> rene���a.l, use, operation, change, modification or reloca.tion of railroa.d tracks, telegra.ph,
<br /> telephone, signal or other pole and �,rire lines, pipe lines and other fa,cilities of the
<br /> Railroac� Company upon said rigi�t of �ti�ay.
<br /> All the terrn�, conditions �nd st3.�ulations herein expres;�ed with reference to the
<br /> construction, main�enanee, rep�,ir and, renewal of the Pipe Line on sa,id ri�ht of way in the
<br /> loc�tion 'rlAreinbefore described shall apply to tne Pipe L3ne �s modified, changed or relo-
<br /> cated ?�ithin the contemplation of this section.
<br /> Section 6. PIPE LIr1E NOT TO INTFRFFRE '�tITH OP�'iATI01V' OF RAILROt�D.
<br /> The Pipe Line sha.11 be constructed a.nd, at all ti;nes, maintained, repaired, rene�aed
<br /> and operated in such manner as to c�.use no interference whatsoever t�rith the consta,nt,
<br /> continuous and uninterrupted use of �he tracks, propert;� �nd premises of the Railroad
<br /> Comp�,ny, and nothing shall be done or suffered to be done by the Licensee a.t any tirne that
<br /> would in any manner im�air the safPty thereof.
<br /> �
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