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HomeMy WebLinkAbout35- Chicago, Milwaukee, St. Paul and Pacific Railroad Co. Agreement Chicago, Milwaukee, St. Paul and Pacific Railroad Company Real Estate Department 6643 White Building A. L. SEDGWICK ASST. 'I'o REAL Esl'A'I'Ii(: AGENT Seattle, July 20th, 1935. L Mr. G. O. Arnold, City lIanager, Bozeman, I.Iontana.. Dear Sir: Referring to my letter of the 1st and your reply of 17th: We have had the correotions made and I now return your fully exeouted oopY herewith. Please note the figures in the seoond line on page 2 now reads "50" whereas it was formerly ,A5" and the same ohange has been made on the blue-print exhibit - the figures 45 have been blued out and the oorreot blook number shown. Thank you for your trouble in the matter. YOUTE very truly, ~_.,- ~_.. t I.. r . Jl.) " / 'U:~ L/1 . st ta-ir..~nt \. \. , , 4/1/35 Cont. I.fjtfo f- , l"- . ',,'. '<'....:.' ,':''''"'11.,'''; '.",~ .."~,,,,,.,,!...::,,,< ;.~'"., ,,,,",..>~~';::;~I~.' \:SJPUCA If OIUllMAl Tft[S .AGllUllSl!l'l. 11.114. this!:1.:. 411Y 9t. .~ 19.s5, " aad.. ........ ,.. GHICAGO, KILWAU'I:D, S'1'. PAUL AND PACIFIO RAILROAD COMPANY, a Wisoonsln corporation, hereinafter oalled the "Railroad C oap 0"" , and the CITY OF BOZl!:IlAN,a municipal corpor- ation of the state of Montana, hereinafter called the "Licensee", , "j WIT N E SSE T H That each at said parties, tor and in considera- tion of the oo..nanta and agreements to be by the other kept and pertormed. he~.-7 co..nants and agree. to and with such other, as tollows: 1. That the Railroad Company owns snd operates a railroad 11ne ertandlBI through sald City of BozelllB.n, in Galla- tin Coutl. )loa"oa. 80me ot the Railroad Com.pany's traoks cross- ing Block 53 ot Northern Paoific Addition to said City. Tbe lo.ati... or thelJ.'Rt,uIH"t'f '''I'tHt lnltt?8tnlOMlpsny's said prop- erty, so far as Dl8.'terlal to this oontrae~,are shown upon the plat hereto attaehed as Exhibit X, and hereby made a part hereof by the white dash and two dot linea. The Railroad Company's tracks, so far as material hereto, are looated as shown by the white lines 011 saId exhibit marked "C.I4.,St.P. &. P. R.R." '1',' 2. That the Railroad Com.pany hereby grants unto the Licensee the right, privilege and authority to ocoupY and use, tor publio highway purposes only, the portions of the Rail- road Company,ts land lo,,~t.4,. 111 Scaid Block 53 1n Bozeman, i~_usaid .~ ,....... '.,'.",.,.,:...,.." ,_.,.....e'~ "",,' '..,',,,.""',,..' "":...,!.'~:_.. County and state, desoribed as follows; .Ii strip ot land sixty (60') teet 1n width extendins 1n a northwesterly and southeasterly direotions.ross the wetlst halt (Wi) and the east halt (El) of said Blook 53, the southwesterly boundary l1ne ot said strip of land being a straight line drawn trom the northeast corner ot -1- J. f ,. '\ \ Block 52, Northern Pacific Addition, to the north- east corner ot Block 50, said Addition. Said southwesterly boundary line intersecting the west line of Block 53 approximately l60teet north of the 80uthwest corner thereat and the south line of said Block approximately eo teet west of the southeast cor:aer thereot. The location of' the land above described is shown on said Exhibit by the part oolored red between the Roints lettered A and B. 3. It 1s understood that the rights and privil- eges hereby granted with respect to saId land are so granted subject to the observance and .performance by the Licensee of all and singular the following covenants and agreements to be by it observed, kept and performed; and that for a default in or fail- ure to nertorm any of said covenants and agreements, the Rail- road Com:pany may, at 1 ts option J oancel and annul any or all ot such righ~s and privileges: (a) That said land shall be used solely for the purposes of a public highway and for no other purpose whatsoever; and that the Licensee shell not grant any easement upon, or right to use, said land, or any thereof, for any pipe line or for any tramway, electric or other railroad or car line. (b) That the expense of the construction and maintenance ot any roadway thereon shall be paid and borne by the Licensee, and that the Railroad Company and i'ts property shall not be subjected to any looal or special assessments for any of the expense of the construction or maintenanoe of such road. to) That the Licensee shall and will indemnity and SE.ve harmless the Railroad Company from flny end ell damages and claims for damages, arising from or growing out of the eon- -,2- .. , J.' \, struction and maintenance of any highway upon said land or the use thereof a8 suoh public highway, the failure to properly perform the work of oonstruction or aaintenanoe of such highway, and fram anything done or permitted to be done by the Licensee under the terms and provisions hereof. (d) No work of construction, maintenance or improvement ot said highway which the Licensee shall do or cause to be done on the Railroad Company's said land, which may in anywise affect any roadbed, embankment, track or other faoility or improvement now or hereafter maintained by the Rail- road Company, shall be done without first notifying the Superin- tendent of the Railroad Company in oharge of such portion of said railroad line ot the purpose 80 to do. All work which the Licensee may do upon the Railroad Company's said land or contiguous to such railroed aabankment, shall be proseouted with care, skill and diligence; and, in ell matters whioh may affect any roadbed, embankment, track or other faoility or im- provement, or the maintenance thereof in a safe condition for railroad operation, be done in strict conformity with the direction of such Superintendent, or such representative as he may designate for that purpose. It is understood that nothing herein contained shall be deemed and construed as re- lieving the Licensee trom any assumption of liability or, oovenant of indemnity herein contained. The Licensee shall not, and hereby agrees that it will not, injure or impair, or permit to be injured or 1a- paired, any roadbed, embankment, traok, or other railroad faoility whatsoever, now or hereafter ereoted or maintained by the Railroad Company, in or by the doing of any work hereby authorized to be done or procured to be done by the Lioensee. -3- t , ... \ " The Lioensee shall and will protect all ditches and other water courses which such highway intersects by oon- structing and maintaining as part of its highway grade, adequate oulverts or bridges tor the purpose of oarrying such highway over suoh ditches or wateroourses without interference with the tlow of the water therein. (e) There 1s hereby reserved unto the Railroad Company the right to construct,maintain and operate a traok or traoks, at grade, O?6r and across the highway and parts of the Railroad Company's property, or any thereof, the use ot which is hereinbefore granted to the Lioensee for highway purposes. (r) The Lioensee shall not, by reason of the rights and privileges hereby granted, acquire or assert title I~ ... to the Railroad Company's said land, adverse to the title ot the Railroad Company; and upon any abandonment ot said land, or any part thereot. for the high1faJ',pur,poses hereby authorized, the title thereto, or to so much thereot a8 may have been so aban- doned, shall remain in said Railroad Company, its successors and assigns, tree and clear of all rights and interests of the Licensee therein or thereto. 4. The tailure ot the Railroad Company to exer- cise any option hereby reserved unto it to end and determine said grants, or any thereof', tor any breach by the Licensee of' the OOV- enants or agreements, or any thereof, to be kept and performed by the Licensee, as hereinbefore provided, shall not be construed as terminating such oondition or waiving such covenant or stipu- lation; and the Railroad Company may, for any future breach ot such covenant or agreement, or ot any covenant or agreement here- inbefore set forth, end and determine the rights and privileges -4- hereby granted, or any thereof. any right of forfeiture hereby reserTed shall not be eonstruedtto be an exclusive remedy, but the R.ailroad Company !nay assert against the Licensee, either in addi- tion to such right ot forfeiture or ~ithout exercising such right, any cause of action, at law or in equity, for Gny breuch of any covenant, agreement or condition herein provided to be kept or performed by the Licensee ,v/hiell it would have if no right of forfeiture were reserved. 5. All rights and easements necessary for the construotion and maintenanoe of said highway, other then those hereinbefore granted, shall be acquired by the Licensee at its sole cost and expense. 6. The covenants and agreements of either party, hereinbefore set forth, shall bind the successors end assigns of suoh party; and the benefits hereof inuring in favor of either partl shall inure in favor of the sucoessors and essigns of suoh party aa .ell; Rr..14e4. aowa"'-EU", 'that tl18 L1.eaaee shall not assign this agreement or any interest therein, or I::ny right or privilege hereby granted unto it, without the written consent of the Railroad Company. IN WITNESS VffiEREOF, the parties hereto hsve caused these articles to be executed in their names by their officers thereunto authorized. Done in duplicate originals, the day and year first herein written. CIIIC..WO. MIL ,J.AUKEE, ST. P Aut .AND pb.ClrIG L1AILRO~J) COMP~:J..TY, ._ BY'~~~'~' ~ Att..st:~~ _vi.... 1\e..-u.t..t. Secretary. i~ttest ~// ~..... CITY By O~-}f3f~~ /,J