HomeMy WebLinkAbout84- Burlington Northern Easement 1984
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No. 246,263
THIS AGREEMENT, made this 16th day of February
BURLINGTON NORTHERN RAILROAD COMPANY (formerly
BURLINGTON NORTHERN INCt a Delaware corporation, hereinafter called "Railroad," and
, 1984
between
CITY OF BOZEMAN,
whose post office address is
Public Works Director, P. O. Box 640, Bozeman, Montana 59715,
hereinafter called "Permittee."
WITNESSETH;
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate an 8- i nc h s ewa 9 e pi pe 1 in e,
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface-thereof.
and under the tracks of its railroad. as the case may be, at or near Boz ema n Station, in the County of
Gallatin ,Stat~'~f Montana ,to be located as follows, to-wit:
on the plat hereto attached, marked
and by this reference thereto made a pan hereof.
as shown colored red
Exhibit "A", dated January 20,1984,
Permittee in conSideration of such license and permission hereby covenants and promises as fOllows:
1. Permittee will pay in advance to Railroad forthis permit the sum of Two Hundred Ten Doll ars ($210.00)
for the first year and Sixty Dollars ($60.00) for each year thereafter;
also all taxes and assessments that may be levied or assessed against said facility, Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days' written notice, This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2, Permittee, at Permittee's sole cost and expense, shall excavate for. construct, reconstruct. maintain and repair the
facil ity placing the same in accordance with the specifications provided in appl ication dated Ja nu a r y 1 5, 1 984,
heretofore approved by the Railroad's Regional Manager Engineering,
Permittee shall fill in the excavation. and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located, Said Superintendent shall have
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the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade
thereof, construction of a building. or for any other reason whether or not connected with the operation, maintenance. or
improvement of the railway of Railroad. all of which shall be done at the expense of Permittee in the manner herein
provided,
3, Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction. any reconstruction, maintenance, repair. change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4, In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee, or for the protection
of its property and operations, does any work, furnishes any material or flagging service, or incurs any expense whatsoever
on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the
facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered
therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the
facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other
railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees
and the cost borne by Permittee.
5, In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference, Permittee
further agrees to indemnify and save harmless Railroad from and against any damages. claims, losses, suits or expenses in any
manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railroad by the operation.
use or existence of any such grounding system.
6, Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and
hereby assumes any and all liability for injury to or death of any and 211 persons whomsoever, including officers. employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss, damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages. recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss, damage or destruction aforesaid, Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action, The
liability assumed by Permittee herein shall not be.affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees. or be
contributed to by such negligence,
7, Permittee shall not transfer or assign this permit without the written consent of Railroad,
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9, I, is expressly understood and agreed that Railroad may at any time cancel and terminatl:' ,!'is license and permission
by giving to Permittee thirty (30) days' notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate, Upon receipt of such notice and before the expiration thereof, Permittee.
under the supervision and direction of the said Superintendent, or his authorized representative. shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad, If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition, and Permittee shall pay the cost and expense thereof to Railroad,
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10, Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee,
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee,
12, The license and perm ission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affect';,;' the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the
benefit of and be binding upon the parties hereto, their respective executors. administrators, successors and assigns,
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written,
I n Presence of:
BURLINGTON NORTHERN RAILROAD COMPANY
0URLlrJC-:-OfJ fJORTIICVHllfJG:,
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or-
CITY OF BOZEMAN
BY~) P (A.lb~'
lty Manager
edc c! Jd~ 0
Attest ~ - " ~ .)
City C1 erk
FORM 600251-76
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