HomeMy WebLinkAbout42,324 Northern Pacific Railway, Pipeline WATER PIPE M HHWffiH PNR*PERMIT. (Permanent) 1l. W. 16 D-A 10-23-800
No. 42324,
Northern Pacific Railway Company, hereinafter called the Company, hereby permits
City of Bowman, Montana,
hereinafter called the second party, to construct, operate and
maintain upon its right of way at D pze3'T an station, Montana, a 16 inch cast iron
water -pipe line along; the course described as follows:
entering said right of Way at a point in the northeasterly
line of Pront Street 18 feet, more or less, southerly,
measured at right angles, from the produced northerly line
of Aroh. Street; thence e-Laterly n ar-.Iiel wi-h s,Ui -.)ro-
duced strut :!sine tO a dPifl : '
Yf/isater.`y , AdJ.E3ao),1re" Lt right ::�1161e. 5, yro". the ottiilier Lice
of the x."ontona Flour Mill Company Spur as now constructed,
passinj, beneath the Companyts tracker 6 feet below the base
of the rails; thence northerly approximately parallel with
said center line to the southwesterly .line of Pearl Street
where it leaves the right of
This permission is granted upon the following terms.
1. The second party will pay a rental of Vine and. no/1O0 5,00� 7lQll�T�,.M
in advance for the full term hereof, also all taxes and assessments tbat may be levied or assessed against"'thy iin�roVeril sits:
2. The entire cost shall be borne by the second party; the division superintendent of the Company will decide what portion
if any of the work will be done by the Company, and for such portion the second party will pay the Company 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 less than the estimate, the Company 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. Company, and in
accordance with plans and specifications which he may prescribe or approve. The division superintendent of the Company 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 replacer) with O',e^ ,ame or with material o.r.. a more permanent character; also to require,, additional work or changes of loca-
tion as a mattcr of safety, or of appearance, or on account of additional tracks being laid, change of grade, or for any other
co u;ectcd with the operatior; of iha railroad oi' ,.l,c Company; all of which shall he done at th< c;,;hc,r:;c of t' n1
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 Company,
or be a menace to the safety of its operation; and to indemnify and save harmless the Company from all loss and damage to its
tracks, roadbed, structures, rolling stock and other property, and from injuries to persons, occasioned by the improvements.
4. This permit cannot be transferred or assigned by the second party without the written consent of the company.
5. If the second party shall at any time cease to maintain and operate the said pipe line - - .
or shall fail faithfully to perform every agreement of this instrument, the Company may
forthwith 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 Company to their former state. ,, x
m
IN WITNESS W1-l.1,,REOF the parties, have cxecut.ed these pro:;ont„ this day of y_)ril. 19 '25,,
Christopher J.Danos
i.A/L vYAY assistant Vme President Montana Rail Link
Economic Development&Real Estate
=d50 Lout"Driv_ Montana Rail Link.Inc.
rc^'-Ncr;h.TX 7812,1 101 International Drive (406)523.1500
Post Office Sox 16390 (406)523-1493 fax
57-33035 Office Msssouia,Montana w v,monlanarail corn
Chr-.vopher,uancs,"v.BNSr con-, USA 5M3 a
November 23,2023 Via Certified Mail
City of Bozeman-Permits
PO Box 1230
Bozeman,MT 59771
Re: Agreement 42324 dated effective as of 4/10/1925 (together with any subsequent
supplements or amendments,the "Agreement")between Montana Rail Link, Inc.,
a Montana corporation("MRL") and City of Bozeman-Permits, regarding certain
property located at or near Bozeman, Gallatin County, Montana; Notice of
Assignment.
To Whom It May Concern:
This letter concerns the Agreement referenced above. In accordance with the Agreement,
MRL hereby notifies City of Bozeman-Permits that the land subject to the Agreement has either
transferred or reverted to BNSF Railway Company, a Delaware corporation ("BNSF"). In
connection therewith, MRL has assigned all of its rights, interests, and obligations under the
Agreement to BNSF. BNSF,in turn,has assumed all of MRL's obligations under the Agreement.
The assignment and assumption between MRL and BNSF will become effective on January 1,
2024 (the "Assignment Effective Date"). As of the Assignment Effective Date, BNSF's notice
address is as follows:
BNSF Railway Company
2650 Lou Menk Drive, MOB-2
Fort Worth,Texas 76131
Attn.: CRED
with a copy to: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive,MOB-2
Fort Worth, Texas 76131
Attn.: Lease Administration
If you make payments related to the Agreement, please be advised that the invoice for
December 2023 will be sent to you by MRL in November 2023 and should be paid to MRL. The
invoice for January 2024 will be sent you by BNSF's agent, Jones Lang LaSalle Brokerage, Inc.,
in December 2023 and should be paid to BNSF Railway Company.
Thank you for your cooperation.
E
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Very truly yours,
BNSF Railway Company,
a Delaware corporation
a�' P'AC-C��
By:
Name: ghrigmhgLPAnoLs
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
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By:
Name: Joey
Title: President
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