HomeMy WebLinkAbout49- Northern Pacific Railway Co.
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I.I'!!IGATIONCANAL. DRAINAGe: CANAL. WATER PIPE OR 'J:>WIl:R PIPE PERMIT.-(Te:MJOORAlty.) R W. 17 1500-5-13-46 W
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. No, 71227
NORTHERN PACIFIC RAIL WAY COMPANY, hereinafter called the first party, hereby permits
City of Bozeman, a municipal corporation, of the state of Montana..
hereinafter called the second party, to construct, operate and
maintain ....._,IlMd...U _f ..to,... a water pipe 11ne along the oourse described as follows:
Oonneoting with the first party'. water pipe line in Rouee Avenue at
Bozeaanetatlon, Montana, at an angle therein at a point distant 15 teet more
or les8, northeasterly, measured at right angles, trom the oenter line of the
ma1n track of the first party's Alternate Main Line aa now oonstruoted and
extending northerly in Baid Avenue to the seoond party's sewage treatment
plant, passing beneath the present main track and tormer main traok of the
first partyis Main Line.
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",,^_~~__==- The first party also hereby 18,B.se8 to the seoond par'O'y the first
party's water pipe line in 8a1d Ava..e from the above desoribed eonnectlon
to the po1nt 1n sald Jl.Ven\l8 wh&re".~1d tl.r~party' s pipet line. oonnects
with the seoond party's water pipe line, whioh point is 75 teet, more or
less southerly, measured at right angl.., trom the produced southerly line
of Oak street"
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This permis$ion is granted upon the following terD1S:
1. . 'f'hoe"00ll.4 ~ ,willr!'ay..y_yre&tal.--a.......7"c--'"-."""''''''''~-"o,.,.....-'',....~~--"'',-----"-,.,' .'~..~H__."--_----.eeuMlt;,
&1(1e all taxes ad aSSBBI5elllllte tit'" _Y Be levied. or Af!IfIllllIlflti a~ the ill'l:Pl6vemel'l1la. .._.~.
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 cost 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 leas than the estimate, the first party will repay the surplus. All work hereunder by the second party shall be done in a first-cle.sa
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 material 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 pariy; all of
which shall be done at the expense of the second party in the manner herein provided.
~~-'nmlll!cOl'idpii.~ agrobs- tML tbe iiiiprovements shall not at any timeualllage the railroad or structures of the first party, or he a
menace to the safety of its operations; and to indemnify and lave hannlellll the first party from all loss and damage to its tracks, roadbed,
8tructures, rolling stock and other property of the fint party and property of third pereoDS, and from injuries to persons, occasioned by the /
improvements.
4. It is agreed that the provisions 0' 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 which said improvements are located are a part. /
5. This permit cari'not be transfetted or llIIIIigned 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 81x~y' ('0)' days' notice, either by personal delivery Or by mail, 01' by the posting of notice on the
premises. Upon the expll'ation of the time stated in any such notice, the fi~t party may forthwith expel the second party from its premises;
and at the end of the permit the secend party will restore the premises of the first plI.l'ty tq. their former state.
7. In consideration tor the first party leasing to it that portion of
the first party's pipe line between the two above desoribed points ot conneo-
tion, the seoond party agrees to ~intaln Baid first party's pipe line in
good repair at the second party's expense during the term of this permit.
8. Where the second party's pipe 11ne passes beneath the first party's
traoks a cover pl~e shall be used in aocordance with the first party's stan-
dard plan W.S. 108.
9. Upon request of the first party, made at any time, that it be fur-
nished water through. said pipe line, the second party will make connection
therewith tor thebeneti t ot the first party, without requiring payment of
any tee therefor, except the 8Dtual co., ot labor and material used by the
!!8gnf~~~~1 H~e m,!~~~ Z~~~y C~~!ft~~r. ':.h~nc1 ~~~n~V~~~t~h~~r B~i~G~a~~fc:cg~~g:
IN WITNESS WHEREOP, the parties baTe executed thll80 preeents this 1st day of same!' ate as .,any
October, 1949. €!~~ioi~mmon user
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NORTHERN PACIFIC RAILWAY COMPANY,
By J4.~~_.__.._..
Attestl Iodu.tri..l Aa8nt.
lNl.1I___ ....""5'-"""'.4...:!rl:l( 9 lT1l!uJ l~'t,.:
CITY ot BOZEMAN
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