200307633 - Laserfiche WebLink

Browse

200307633 will provide adequate drainage of and from the adjoining lands and premises of the Grantor, and wherever any such fill or embankment shall or may obstruct the natural and pre- existing drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such natural and pre - existing drainage, and shall also whenever necessary, construct extensions of existing drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. 3. The grantee shall bear the cost of removal, relocation or reconstruction of any and all right of way fences, telephone or telegraph poles, or other facilities, the removal, relocation or reconstruction of which may be made necessary by reason of the use of said premises for said highway purposes. Whenever or wherever such revisions are undertaker{ by the Grantor, the Grantor agrees to furnish to the Grantee a drawing showing the present and proposed location of the existing facilities being adjusted. 4. 'the Grantee shall, at its own cost and expense, make adjustment with industries or other lessees of Grantor for buildings or improvements that may have to be relocated, reconstruction or destroyed by reason of the construction and maintenance of said highway on said premises. 5. All contracts between the Grantee and its contractor, for either the construction herein provided for or maintenance work on the highway within any rights area described herein or shown on any exhibits attached hereto, shall require the contractor to protect and hold harmless the Grantor and any other railroad company occupying or using the Grantor's right-of-way or line of Grantor against all loss, liability and damage arising from activities of the contractor, its forces or any of its subcontractors or agents. The Contractor shall furnish to the Grantor a Railroad Protective Policy in the form provided by Federal -Aid Policy Guide, 23 CFR 646A. The combined single limit of said policy shall not be less than Two Million Dollars ($2,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of loss or destruction of or injury or damage to property in any one occurrence during the policy period, and subject to that limit, a total (or aggregate) limit of not less than Six Million Dollars ($6,000,000) for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of or loss or destruction of or injury or damage to Sheet 2 of 6