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Home My WebLink About51- Northern Pacific Railway Co. Water and Sewer Pipeline . . Noo 74115 This permission is granted upon the following tcrms~ NOR'rHERN pA.Cn'IC RAILv,AY COHP .I\NY,9 hereinafter celled the first party" hereby perrrli ts CITY of BOZEI'lANl' a municipal corpora,., tion of the State of Montana. hereinafter called the second partys to construct, operate and maintain upon its right of way and beneath its tracks a 21 inch sewer pipe line along the course described as follows ~ jiJt Entering the first party?s Main Line right of way in Section 6. Township 2 South, Range 6 East, Montana Prin= aipal Meridian, at Bozeman station, Montana. which right of way is 200 feet wide on each side of the center line of its main track as now constructed. at a point in ~he northeasterly line thereof distant 402 feet more or less. northwe sterly, measured along said center line ,9 from Hile Post 141 (which mile post is located 2183 feet south= easterlY9 measured along said center line.9 from the north line of said section), thence southwesterly to a point. distant 85 feet, more or less, northeasterly, measured at right angle s, from sai,eJ center line and 442 feet north= westerly. measured along said center line. from said mile post; thence southwesterly at right angles to said center line 255 feet, more or less, and passing beneath the first partyUs tracks; thence westerly to a point in the routh= westerly line of said right of way distant 462 feet, more or le8s.9 northwesterly&> measured along said center linej) from said mile post where it leaves said right of way, Also entering the first partyUs Alternate Main Line right of way in said section and at said station9 which is 100 feet wide on the northerly side and 130 feet wide on the southerly side of the center line of the first party's main track as now constructed at a point in the northerly line thereof distant 1253 feet, more or less&> westerly&> measured along the last mentioned center linej) from Mile Post 141 (which mile post is located 1852 feet easterlys measured along said last mentioned center line.9 from the west line of said section), thence westerly to a point distant 90 feet, more or less, northerly, measured at riQht angless from said last mentioned center line and 12~3 feet westerly, measured alone said last mentioned center line, from the last mentioned mile post; thence southerly at right angles to said last mentioned center line 170 feet, more or less. and passing beneath the first party's tracks; thence westerly to a point in the souther= ly line of the last mentioned right of way distant 1468 feet more or less, westerlY9 measured along said last mentioned center line from said last mentioned mile post where it leaves said last mentioned right of wayo 10 The entire cost shall be borne by the second party; the division superintendent of the first party will decide what portion if any of the work will be done by the first party, and for such portion the second party will pay the first party thB estimated cost before the work is done; if the actual cost exceeds the estirnate~ the seconrl party will pay the addltional amount when called upon; if the actual cost is less than the estimate, the first party will repay the surplus 0 All work hereunder by the second party shall be done in a flrst~class worlananlike manner to the satisfac~ tion of the division superintendent of the first party" and in aecor,"" dance with plans and specifications which he may prescribe or approveD The division superintendent of the first party shall have the right at any time when in his judgment it becomes necessary or advisable" to require any material used in the work to be replaGed with like material or with material of a more permanent character, alsot,o require additional work or changes of location as a matter of safe= ty, or of appearance, or on acconnt of additional tracks being laid" change of grade" or for any other reason connected with the operation of the railroad of the first party~ all of which shall be done at the expense of the second party in the manner herein providedo 20 The second party agrees that the improvements shall not at any time damage the railroad or structures of the first party, or be a menace to the safety of its operation; and to indemnify and save harmless the first party from all loss and damage to its tracks9 roadbed9 structures" rolling stock and other' property of the first party and property of third persons9 and from injuries to persons occasioned by the i,mprovementso 30 It is agreed that the provisions of Section 2 are for the equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of the first party1s property of which the premises upon which saId improvements 81.:1>8 located are a parto 40 This permit cannot be transferred or assigned by the second party without the wri tten consent of the ,first part Yo 50 If the second party shall at any time cease to main- tain and operate the said pipe line or shall fail faithfully to perform every agreement of thi s instrument" the fir'st par't:y may forthwitl1 terminate this permit and may forthwith expel the second party from its premises, and at the end of the permit the second party will restore the premises of the first party ~, ,2 = to their former stateo 60 Said pipe line shall be constructed and maintained in accordance with the specifications hereto attacheds marked Exhibit A ~ 3 C".' and made a part hereofo 76 Upon request of the first partY9 made at any time.g that it be permitted to dispose of sewerage through said pipe linel the second party will make connection therewith for the benefit of the first party, without requiring payment of any fee therefor:, except the actual cost of labor and material used by the second party in making such connectiono In the event that such sewer connection is made the first party shall pay the second party for disposal of sewerage through said sewer pipe at the same rate as any othel:~ common use thereofo 80 This permit is granted subject to the rights granted by the first party to Jessie Eo Francis under a cultivation license numbered 70432 and dated April 19 1949 and To B. story under an irrigation ditch permit numbered 16487 and dated June 1,9 19050 90 The second party further aerees that in any contract which it shall let for the construction of said sewer on the right of way of the first party under this permit9 it shall provide as followsg a. The Contractor shall indemnify and save harmless the first party from any and all claims, suitsp lossesp damages or expenses on account of injuries to or death of any and all personsp whomsoever9 including the Con~ tractor9 Subcontractorsp employes of the Contractor9 Subcontractors and of the first partY9 and any and all property damage ari sing or growing out of p or in any manner connected with the work performed under this contractp or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor~ Subcontractorsp their employes or agents9 upon or in proximity to the property of the first part Yo b" The Contractor shall procure and furnish to the first party the insurance policY9 or in lieu thereof a certified copy of said policy as provided for in paragraph "C" hereof9 together with an endorsement thereto.? under the terms of which the insurance company assumes the liability of the contractor hereundera Co The Contractor shall carry regular ContractorUs Public Liability Insurance providing for a limit of not less than Fifty Thousand Dollars ($509000000) for all damages arIsing out of the bodily injuries to or death of one person9 and9 subject to that limit for each person9 a total limit of One Hundred Thousand Dollars (q~l009000..00) for all damages arising out of bodily By' ,~, " ---T' .,', (;." .~:~';.:':~--:-::'::-'::,"-""'- ~n ", sty l al ,,,,..:mml c} .:'~ CA.;ul' injuries to or death of two Dr more persons in any ono accidents and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than Twenty=Fi ve Thousand Dollars (.1~25 D 000 0 00) for all damages to or destruction of property in anyone accidentg and subject to that limit~ a total (or aggregate) limit of j;t'ifty Thousand Dollars (~~S'O~OOOoOO) for all d81uage", to or destruction of property during the policy periodo All such policies shall be approved by tho first party as to the insurance company writing sameo the amonnt and the form" IN WITNESS VJH8.;REOF9 the partie s have executed the se presents this 16th day of July, 19510 NORTHERN PACIl"IC RAIL'ivAY COI-IP/\r:Y Attest~ ~A- ~7-~ ~ ~~ ,a-a-- ~~ ~;~,~-2 p~~ /0/ /~ ::'l~;t"~__ ~Ayo~