HomeMy WebLinkAbout65,586 Northern Pacific Railway, No 65586, 1946 RRIOATIOM CANAL. DRAINAGE CANAL„ WATER PIPE OR SEWER PIPE PERMIT. (TM&&tARYJ R W.17 1000-'Y-15-44 W
NO. C]5 86
NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called the first party,hereby permits
CITY of'BOMW .N, a municipal corporation of the State of Montana,
hereinafter called the second party,to construct,operate and
maintain upon its right of way at Bozeman station, Montana, a two inch water pipe line
alone, the course described as followa t
From a connection with an existing; water pipe line belongir*, to
the second party in Wallace Avenue produced, alone; a line at right an ;l.ea
to said existing; pipe line to the southwesterly line of Pear Street,
crossing; beneath the first partyle Story Mill Spur, intersectin6 the
center line thereof as now constructed at a point therein distant 400 feet
northerly, measured alon6 said center line, from t . ;dead block (Station
142,E plus 1" .8) of said spur*
Also along a lines parallel with and distant 18 feet northeasterly,
measured, at right angles, from a production of said street line, from the
southeasterly line K Street southeasterly, a distance of 400 feet, more
or lesa, to the plant of L. D. McFarland Co.rfipany and passini.f. beneath the
spur track that serves said company
This permission is granted upon the following terms:
1. dollsrsr
aiss-41 taxe _at a�againat_the improvements.
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 less than the estimate,the first 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 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 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
- menace to the safety of its operations;and to indemnify and save harmless the first party from all loss and damage to its tracks,roadbed,_
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 which said improvements are located are a part.
b. This permit cannot be transferred or assigned by the second party without the written consent of the first party.
B. 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.-.,, sixty (gyp0) ...........days' notice, either by personal delivery or by mail, or by the posting of notice on the
premises. Upon the expiration of the time stated in any such notice,the first 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 grater pipe line shall be 5 feet below the top of the ties where
it passes beneath said tracks#
_w iN WITNESS WHEREOF the parties have executed these presents this 16th day of April 1946 a
chtistophetJ.Danu Montana Rail LinkAssist lnl vice Presidesv,
Econc"c De"miopment&Real Estate
2d50 Lou tf4"0five %jontana Rail Link,Inc. 406 523 1500
rn;wo.m.T�C'c?31 io1 Interna?ional E3 90 f 406)523.1493 far.
Post Office box 16390 �tiYNr moc>tanarail corn
g 7_ 87p3S5 O'h e tafrssoula,Montana
Chi tOPhV Oanos®6''!SF cam USA 59303
November 23,2023
Via Certified Mail
City of Bozeman-Permits
PO Box 1230
Bozeman,MT 59771
Bement 65586 dated effective as of 4/16/1946 (together with any subsequent
Re: Agreement the"Agreement")between Montana Rail Link,Inc.,
supplements or amendments, certain
a Montana corporation("�') and City of Bozeman-Pe, Montana;Notice of
property located at or near Bozeman, Gallatin County,
Assignment.
To Whom It May Concern:
This letter concerns the Agreement referenced;eland subject to he Agreement ove. In accordance with the ha eeither
MRL hereby notifies City of Bozeman-Permits hat h a Delaware corporation ("BNSF"). In
transferred or reverted to BNSF Railway Company,
connection therewith, MRL has assigned all of its rights, interests, and obligations under the
Agreement to BNSF. BNSF, in turn,has assumed all of RL,ill bligome effe ations dive a January Agreement.
The assignment and assumption between M ant he Assignment Effective Date, BNSF's notice
2024 (the "Assignment Effective Date"). s
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 20 should3 and be aid toBrok Mag Ice
invoice for January 2024 will be sent you by BNSF s agent,Jones Lang
in December 2023 and should be paid to BNSF Railway Company.
Thank you for your cooperation.
S o171
Very truly yours,
BNSF Railway Company,
a Delaware corporation
By: LT
Name: Christouher Danos
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
Z W
By:
Name: Joe R cot
Title:President
Bd3Y