HomeMy WebLinkAbout76- Northern Pacific Railway, No 65586, 1946
l""IClATIOft CANAL, DRAINAa", CANAL, WATIm PIPE: OR SEWER PIPE: PE:RMIT'I-(~""Y') ..
R w.n 1000-"'.15.44 W
NO. 65586 '.
.
, NORTHERN PACIFIC RAIL WAY COMPANY, hereinafter called the first party, hereby permits
CITY of ' BOZEMAN, a munioipal corporation of the state of Montana,
hereinafter called the second party, to construct, operate and
maintain upo~ its ri!l:ht of way at Bozeman sta.tion, Montana, a two 1nch water pipe line
along the course described as follows.
It'''rom a oonneotion with anexlsting water pipe line belonging to
the second pa.rty in Wallace Avenue produced, along a line at right angles
to sa.id existing pipe line to the southwesterly line of Pear street,
orossing beneath the first party's story Mill spur, intersecting the
center line thereof as now constructed at a point therein distant 400 feet
northerly, me~sured along said center line, from th.e head block (Station
I '(422. plus 16.8) ot said spur. ~ .,-..........-
Also along a 11ne parallel with and distant Ie teet northeastellly,
measured at right angles, from a production of sald street line, from the
southeasterly line K street southeasterly, a distance of 400 feet, more
or lesa, to the plant of L. D. McI"arland Company and pas sini;'; beneath th,e
spur track that serves said company.
This permission is granted upon the following terms:
1. The 88881iUi paity wi.n fl&3'a J'll~ ~'P't<ll in ll,h'lln"'il-Of,.., ..., dollllol'8r-
alB&~" <In,! """'i'""mDnt" th..t m"y hA lAvied..Qt,Il.>'lFlAFlFlAn lleainat..th.eiwprovcwents.
2. 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 the estimated eost before the
work is done; if the actual cost exceeds the estimate, the second party will pay the additional amount when called upon; if the actual
cost is less than the estimate, the fil'Bt party will repay the surplus. All work hereunder by the second party shall be done in a first-class
workmanlike manner to the satisfaction of the division superintendent of the first party, and in accordance with plans and specifications
which he may prescribe or approve. 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 replaced with like material or with m,aterial of a more per-
manent character; also to require additional work or changes of location as a matter of safety, or of appearance, or on account of addi-
tional 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 provided.
3. The second party agrees that the improvements shall not at any time damage the railroad or structures of the first party, or be a
r ~'._.._ ,. menace to the safety of its operations; and to indemnify and save harmless the first party from all loss and damn.p;e to its tracks, roadbedL
structures, rolling stock and other property of the first party and property of third persons, and from injuries to persons, occasioned by the
improvements.
4. It is agreed that the provisions of Section 3 are for the equal protection of any other railroad company or companies heretofore or
hereafter granted the joint use of the first party's property of which the premises upon whieh said improvements are located are a part.
6. This permit cannot be transferred or assigned by the second party without the written consent of the first party.
6. This permit shall endure until terminated by the first party. It may be at any time terminated by the first party upon the giving
of_ & lxt y t 60 ) ,..........days' notice, either by personal delivery or by mail, or by the posting of notice on the
premises. Upon t e expiration of the time stated in any such notice, the fil'Bt party 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 to their former state.
7. Said water pipe line sha.ll be 5 feet below .the top of the ties where
it passes beneath Baid tracks.
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,,'''~'-'-IN WITNESS WHEREOF,' the parties have executed these presents this 16th day of April 1946..
NORTHERN PACIFIC RAILWAY COMPANY,
By_..__..._.........~l~.:...._................
Attest!
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