HomeMy WebLinkAbout80- Railroad Pipe Line Agreement
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PIPE LINE AGREEMENT
THIS AGREEMENT, made and entered into this the dav of ,19 ,
by and between Richard B. Ogilvie as TRUSTEE of the property of CHICAGO, MILWAUKEE,
ST. PAUL AND PACIFIC RAILROAD COMPANY, DEBTOR, hereinafter referred to as the
"Railroad", and
CITY OF BOZEMAN, MONTANA
, hereinafter called the "Licensee," (if more than one
licensee, said term and all language herein referring thereto shall be interpreted in the plural and refers
jointly and severally to such licensees).
WITNESSETH
That WHEREAS, the licensee desires the right to install, maintain and operate a certain pipe upon,
along and under the Railroad's premises at or near Bozeman,
Gallatin County Montana
to be used for the purpose hereinafter set forth.
NOW, THEREFORE, the parties mutually agree as follows:
1. The Railroad, for and in consideration of the payments and covenants hereinafter mentioned to be
made, kept and performed by the Licensee, does hereby license and permit said Licensee to construct, install,
and thereafter during the term hereof to maintain and operate under, along and across the Railroad's
property in the manner and subject to the terms and conditions herein provided, a certain pipe to be used
only for the purpose of a storm sewer ' in the location or locations
shown by the yellow line between points lettered "A-B"
upon the map attached hereto, marked "Exhibit X", dated January 9, 1980
and made a part hereof. The boundaries of the railroad right of way are located as shown by the heavy dash
and two dot lines.
2. The said pipe shall be of Class IV reinforced concrete and have a diameter
of~XXM~)(~ 15 inches. At ,all points where said pipe passes beneath the roadbed or tracks the
same shall be installed and maintained at such depth that the top of said pipe, or any casing which may
contain it, shall be X:OO;:)(K~X<<OOX 10.0 feet, measured vertically, below the base of the rails of any
such track.
The specifications for materials and construction procedures sha11 be as outlined
on said IIExhibit XII, and shail be in accordance with the standard specifications for
pipe 11 nes marked "Exh I bit A ", furnished by the Railroad, which the Licensee acknowledges
having received.
3. The word "pipe" wherever used herein, not otherwise herein modified, shall be construed to mean all
of the pipes above described and the casings and other coverings and all appurtenances thereof.
4. This agreement shall be effective from and after the date hereof and shall continue in full force and
effect until terminated in some one of the ways hereinafter provided.
5. mac~K~14JUt~OO<ttiOOUUt~Hl'~j(~lt>>)!<<~~t()OO(**I(~X~HXu.X)OOBUXDntXj(~16)('
~~l0:~cXM-X~~)U(:X-ot~jOtlUU~l~ The Licensee shall pay all assessments or taxes which
may be assessed or levied against or on account of said pipe. or the use thereof and shall indemnify and save
harmless the Railroad and the Railroad'droperty from and against any and all liens or claims on account
of any such assessments or taxeS. ~ )Cen.e()&t*l<l<~XWXXO(l'.49()8'I(J(kK<<<<<<X.o(KX<<M<<lXtck<<<<Xaift
~~~)(:OO>>XfO(xMx)()M(~~Xf$<\oo(~xotX~o(X*KX<<"tcXcXftx.,c~t(iCtcWC
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PI~ Lln..--:.Sh....t .s. .. I., ., 10.1962
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In case of termination in any manner herein provided the Licensee shall have no claim or redress of any
character against the Railroad by reason of such termination, removal of said pipe or restoration of the
premises, nor shall such termination release the Licensee from any obligation or liability of the Licensee
hereunder with respect to any matter or thing occurring prior to such termination.
13. The terms and conditions of this agreement shall be binding upon and the benefits thereof shall
accrue to the heirs, executors, administrators, successors and assigns of the respective parties hereto, but
the Licensee shall not assign the same or any rights thereunder without the written consent of the Railroad
having been first obtained. In the event the Railroad shall permit any other railroad company or companies
to use its said right of way facilities or premises, l'Iuch other user or users shall have the benefit of the
provisions of indemnity and release from liability inuring to the Railroad hereunder, with the same effect as
if such other user or users were parties hereto.
14. The license hereby granted is subject to the superior title of the Railroad to
its said property and to all other outstanding and superior rights and mortgage liens,
and the licensee shall not by reason of the license hereby granted acquire or assert
any title or claim of title to any of said property adverse to the title of the
Railroad or its successors or such superior rights and mortgage liens; and upon any
abandonment of the use hereby authorized or upon any termination of the license hereby
granted, such title shall remain in the Railroad, its successors and assigns, free and
clear of all rights or claims of the licensee.
15. This agreement is binding on the Trustee, not as an individual, but solely in
his capacity as Trustee.
16. All references herein to indemnification include but are not limited to
attorneys' fees and court costs.
17. This agreement shall be governed by the applicable laws of the State of
Illinois.
KI~XX~~~XX~~xg~~~X~K~XKX~~X~X~XXIX~~~IKXIMMMXIMX~llKIHIXXI~
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written. RICHARD B. OGILVIE AS TRUSTEE OF THE PROPERTY OF
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY, DEBTOR
B~r..................................................................................................,..........._..................._....._
Attest :......___________.___....................._._..________._...............m ---------------........................... J ice Pres i dent~~~~
Secretary Material Recovery & Disposition
ZITY If BOZEMAN, MONTANA
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PIPE LINE AGREEMENT
THIS AGREEMENT, made and entered into this the day of ,19 ,
by and between Richard B. Ogilvie as TRUSTEE of the property of CHICAGO, MILWAUKEE,
ST. PAUL AND PACIFIC RAILROAD COMPANY, DEBTOR, hereinafter referred to as the
"Railroadll, and
CITY OF BOZEMAN, MONTANA
, hereinafter called the "Licensee," (if more than one
licensee, said term and all language herein referring thereto shall be interpreted in the plural and refers
jointly and severally to such licensees).
WITNESSETH
That WHEREAS, the licensee desires the right to install, maintain and operate a certain pipe upon,
along and under the Railroad's premises at or near Bozeman,
Gallatin County Montana
to be used for the purpose hereinafter set forth.
NOW, THEREFORE, the parties mutually agree as follows:
1. The Railroad, for and in consideration of the payments and covenants hereinafter mentioned to be
made, kept and performed by the Licensee, does hereby license and permit said Licensee to construct, install,
and thereafter during the term hereof to maintain and operate under, along and across the Railroad's
property in the manner and subject to the terms and conditions herein provided, a certain pipe to be used
only for the purpose of a storm sewer "A...B" ' in the location or locations
shown by the yellow line between points lettered
upon the map attached hereto, marked "Exhibit X", dated Janua ry 9, 1980
and made a part hereof. The boundaries of the railroad right of way are located as shown by the heavy dash
and two dot lines.
2. The said pipe shall be of Class IV reinforced concrete and have a diameter
of UXXXXUKU 15 inches. At ,all points where said pipe passes beneath the roadbed or tracks the
same shall be installed and maintained at such depth that the top of said pipe, or any casing which may
contain it, shall be XO(I)(Q9(D<<OC 10.0 feet, measured vertically, below the base of the rails of any
such track.
The specifications for materials and construction procedures shall be as outlined
bn said "Exhibit X", and shall be in accordance with the standard specifications for
pipelines marked "ExhlbitA ", furnished by the Railroad, which the Licensee acknowledges
having received.
3. The word "pipe" wherever used herein. not otherwise herein modified, shall be construed to mean all
of the pipes above described and the casings and other coverings and all appurtenances thereof.
4. This agreement shall be effective from and after the date hereof and shall continue in full force and
effect until terminated in some one of the ways hereinafter provided.
5. ~~K~I)U'Jt~"'OO<~]UUU(<<~~:1(l(~~j{~K<<.ii*)oo(oo(~~~~*XU.~~)ijfXIOUtlJ.JOOOOO)n(.
~~BK~,**X~~)U(:X~~{j{)tlG.~jijijfl( The Licensee shall pay all assessments or taxes which
may be assessed or levied against or on account of said pipe, or the use thereof and shall indemnify and save
harmless the Railroad and the Railroad'~from and alXin~~O_Xf~&ixmt
of any such assessments or taxes. )Q)Qij( ~)()(~ "
~*Ot")60'X)W8()U(J6K)6fX)080()"(l8WMK~X~JO>>X'IJ#1.'f..Xtc.XXM"XXmXUII)Q(I(Xp(~~QIJ~~
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PI~ Lln..-.Sh...,t' s. " e e
10.1962
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In case of termination in any manner herein provided the Licensee shall have no claim or redress of any
character against the Railroad by reason of such termination, removal of said pipe or restoration of the
premises, nor shall such termination release the Licensee from any obligation or liability of the Licensee
hereunder with respect to any matter or thing occurring prior to such termination.
13. The terms and conditions of this agreement shall be binding upon and the benefits thereof shall
accrue to the heirs, executors, administrators, successors and assigns of the respective parties hereto, but
the Licensee shall not assign the same or any rights thereunder without the written consent of the Railroad
having been first obtained. In the event the Railroad shall permit any other railroad company or companies
to use its said right of way facilities or premises, Piuch other user or users shall have the benefit of the
provisions of indemnity and release from liability inuring to the Railroad hereunder, with the same effect as
if such other user or users were parties hereto.
14. The license hereby granted is subject to the superior title of the Railroad to
Its said property and to all other outstanding and superior rights and mortgage liens,
and the Licensee shall not by reason of the license hereby granted acquire or assert
any title or claim of title to any of said property adverse to the title of the
Railroad or its successors or such superior rights and mortgage liens; and upon any
abandonment of the use hereby authorized or upon any termination of the license hereby
granted, such title shall remain in the Railroad, Its successors and assigns, free and
clear of all rights or claims of the licensee.
15. This agreement is binding on the Trustee, not as an individual, but solely in
his capacity as Trustee.
16. All references herein to Indemnification include but are not limited to
attorneys' fees and court costs.
17. This agreement shall be governed by the applicable laws of the State of
111 I no Is.
MlXX~~KK~~KIIIXIIK~KXKIXIXII~K.KKKt..MXt"XXRx.~.~XxRX
~~XMl~YJCXlXUI)(Il(.K.ttX
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above
written. RICHARD B. OGILVIE AS TRUSTEE OF THE PROPERTY OF
CHICAGO, MILWAUKEE, ST, PAUL AND PACIFIC
RAILROAD COMPANY, DEBTOR
By.........................................---------.---....--.................-,--------------....--....-...........................,.,--
Attest :_......... ..' .----------..................---......-. ..........--.. -..... ......-----------................---..-----. Vice President"i~m~~
Secretary Material Recovery & Disposition
C ITV OF BOZEMAN MONTANA
............................._......_...............................l!_.........._____........................................................_
Licensee
A ttest :....._...._...._...._..._...._....................._........_.,_..._...._____ By rftTe':.......'..-----....................-.......-----------.-.---. ..-...--..., ...............-,.................---..-...
Secretary
Address : ...nnm______......................m.................m..__.......___._____............_..............
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station
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ENGINEERING STUDILS
OLSIGN - SUnVEYS
T.H (lOM)THOMAS
July 21, 1980
JAMES A. CUMMINGS
( I
WAYNE W, DEAN
-I' 'I:: I'
L, DAVID HECI(LfR
Mr. Arthur Van't IJ1l1
City Engineer
P.O. Box 640
Bozeman, Montana 59715
RE: S.LD. 613
DE~ar Arthur:
Please find enclosed the recent correspondence from the Burling-
ton Northern Railroad with regard to their crossings and the
necessary expense to remove and replClce the track. This is a
legitimate cost expense against the district. v-7e'll keep it l_n
mind with regard to the rest of the work on the proj ect.
Sincerely yours,
THOMAS ,DEAn, & HOSKINS, INC.
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eJ NiES 1\. CUMMINGS ,-
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#37-79
encl.
cc: D. \-V. Scott, Supt. Burlington-Northern
,
.
. :::::: BURLINGTON NORTHERN . . rrl1~ (rj-~~....t!' ~) [i',
,~\_::) '::~~, ' ,,;) '",'c"
J U L 1 6 1980
r; II :,. I !~OMAS, L~.", c.. r:(,0KiH'} .
~): \ i . r', . I llO I U. ~ !If;, fill.! t 1'1' 4i\lA
t'ir. James A. Cumrni ngs July 15, 19f30
Thomas. Dean and Hoskins. Inc.
1111 North seventh Avenue \
Bozeman. Hontana . / . :, :.\ C
59715 U (! I' ,,. c>i....;.
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Dear Mr. Cunmli ngs : ,.)i-.,u
Please refer to our previous correspondence, and the request of the
City of Bozeman. for a permit to locate a 15" storm sewer crossing under
former Milwaukee trackage at MP 140.15. located at Bozeman, Montana.
We have been advised by the Director of Engineering that we must collect
in advance. the sum of $880.00. to cover the detailed cost of removing
and replacing track account of the open cutting of our roadbed.
Please arrange to have a check in the amount of $880.00, made payable to
Burlington Northern. Inc.. as soon as possible. When this amount has
been received we will proceed with the final lease agreement.
Very truly yours t
,\ , I '\ "/
I
D.W. SCOTT
Superintendent
File: LeasE'S - Bozeman
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E ~~\', EEnlNG STUDIFS
r: ,GN SURVEYS
T H. r"'rOM.1 :HOM^~'-,
JAMES A, CUMMlrH:;'~; July 14, 1980
WAyr~E W. DEAN
I" D,\\i1D HECt<LFP
Mr. Arthur Van't liul
City Engineer
P. O. Box 640
Bozeman, MT 59715
RF: Chicago, Milwaukee, St.
Paul & Pacific Railroad
Co - Storm Drain Crossinq
(Or Burlington Northern?)
Dear Arthur:
Enclosed find two copies of a permit and the necessary cover
letter received from the Chicago, Milwaukee Railroad. I am
thoroughly confused but I suggest the Commission proceed and
act on the permit.
The permit has an error in the fact that it notes 10' and
should be 5 ' as per the oriqinal plans submitted to them. By
copy of this letter I am also notifying the Burlington
Northern in hopes that we might receive clarification from
their staff.
The crossing is in place and was accomplished with Burlington
Northern review.
Sincerely yours,
TF~) DEAN & lIN~C.
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,J, 1~S A. CUMMIN7S, P.E.
JAC:krm (
#37-79
encl.
cc: Arnie Wise, Burlington Northern
6~ Chicago: Milwaukee, St. Paul . \
..
.~~-,_~,~ and Pacific Railroad Company . . vj~c
516 West Jackson Boulevard
Chicago. Illinois 60606 lti:r-
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Phone 312/648-3000 ", i (t}r
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July 9>> 1980 JUL <. )~
045 - Montana - Bozeman lit ...
%~1A ' 1980
. ,S'D_'
Mr. James A. Cummings, P.E. ~l(".\tq GqJ\ ('
tv, A'I ~ I JUjf
Thomas, Dean & Hoskins Inc. 'O'n, II/V('
"'-Y<lj '"
Engineering Consultants
1111 North Seventh Avenue
Bozeman, Montana 59715
Dear Mr. ClUIll1l.ings:
I have your letter of June 24, 1980 advising your pursuit with the
Burlington Northern Railroad for an agreement to caver installation
of a pipeline beneath Milwaukee Railroad tracks in Bozeman, Montana.
However>> I must advise you that to date this property has not been
sold to the Burlington Northern and it may be some time before it iSe
Therefore I am returning the duplicate copies of the pipeline agreement
to you for your handling with the City of Bozeman for execution and
witnessing, after which both copies should be returned to U~ for like
handling by the Railroad. One copy will then be returned for the City's
records.
At such time as this particular trackage becomes property of the
Burlington Northern the agreement will be assigned to that Company.
Very truly yours,
Works
Ene 1.
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