HomeMy WebLinkAbout74,115 Northern Pacific Railway Co N o, 74115
NORTHERN PACTr'IC RAILuvAY CO14PANY1, hereinafter called the
first party, hereby permits CITY of BOZEI4AN,, a municipal_ co -,pora.-
tion of the State of Montana, hereinafter called the serand party,
to construct, operate and maintain upon its right of way and beneath
its tracks a 21, inch sewer pipe line along; the course described as
follows:
Entering; the first party' s Main Line right of way in.
Section 6., Township 2 South, Range 6 East, Montana Prin-
c1pal Meridian, at Bozeman station, Montana, which right
of way is 200 feet wide on each side of the center lane,
of its main track as now constructed, at a point, in he
northeasterly line thereof distant 402 feet more or less,
northwesterly, measured along said center line, from Mile
Post 141 (which mile post is located 2183 feet south-
easterly, measured along; said center line , from the north
line of said section) ; thence southwesterly to a point
distant 85 feet, more or less, northeasterly, measured at
right angles, from said center line and. 442 feet north-
westerly, measured along; said center line, from said mile
post; thence southwesterly at right angles to said center
line 255 feet,, more or less, and passing beneath the .first
party' s tracks; thence westerly to a point in the a) uth-
westerly line of said. right of way distant 462 feet, more
or less,, northwesterly, rrieasurer a:Long said center line,
from said mile post where it leaves said right of way;
Also entering; the first party' s Alternate Main Line
right of way in said section and at said station, which is
100 feet wide on the northerly side and 130 .feet wide or,
the southerly side of the center line of the first party' s
main track as now constructed at a point in the northerly
line thereof distant 1253 feet, more or less, westerly,
measured along the last mentioned center line, from Mile
Post 141 (which. mile post is located 1852 feet easterly,
measured ,long said last mentioned center Line , 'Crory the;
west line of said section) ; thence westerly to a point
distant 90 feet, more or less, northerly, measured at
right angles, from said last mentioned center line and
12�3 feet westerly,, measured along said last mentioned
center line , from the last mentioned mile posts, thence
southerly at right angles to said last mentioned center
line 170 feet, more or less, and passing beneath the first
party' s tracks; thence westerly to a point in the souther-
ly line of the last mentioned right of way distant 1468 feet
more or less, westerly, measured along said last mentiond
center line from said. last mentioned mile post where it;
leaves said last mentioned right of way,
This permission is granted upon the following; terms.,
1. The entire cost shall be borne by the second party,-
the estimate, the second party will pay the additional amount when,
called upon; if the actual cost is less 1.-han 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 satisfac-
tion of the division superintendent of the first party, and in accor-
dance 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 permanent character; also tc,)
require additional work or changes of location as a matter of safe-
ty, or of appearance, or on account of additional 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,,
2. 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 operation; and to
indemnify and save harmless the first party .from all. loss and.
damage to its tracks, roadbed, structures, rolling stook and other
property of the first party and property of third persons, and
from injuries to persons occasioned by the improvements,,
3, It is agreed that the provisions of Section 2 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.
14 . This permit cannot be transferred or assigned by the
second party without the written consent of the first party
5. If the second party shall at any time cease to main-
tain and operate the said pipe line or shall fail faithfully
to their former state ,,
6. Said pipe line shall be constructed and maintained in
accordance with the specifications hereto attached, marked Exhibit A
and made a part hereof,,
7, Upon request of the first party, made at any time, that
it be permitted to dispose of sewerage through said pipe line„ the
second party will make connection therewith for the benefit of the
first party, without requiring payment of any fee therefor,, except
the actual cost of labor and material, used by the second party in
making such connection. In the event that such sewer connection
is made the first party shall pay the second party for disposal of
sewerage through said sewer pipe at the same rate as any other,
common use thereof.
8. This permit is granted subject to the rights granted
by the first party to Jessie E. Francis under a cultivation
license numbered 70432 and dated April 1, 1949 and T, B, Story
under an irrigation ditch permit numbered 16487 and dated June 1,
1905,
9. The second party further agrees that in any contract
which it shall let for the construction of said sewer on the
right of way of the first party under this permit, it shall
Y
provide as follows,
a, The Contractor shall indemnify and save harmless
the first party from any and all claims, suits, 'losses,
damages or expenses on account of injuries to or death
of any and all persons, whomsoever, including the Con-
tractor, Subcontractors, employes of the Contractors
Subcontractors and of the first party, and any and all
property damage arising or growing out of, or in any
manner connected with the work performed under this
contract,, or caused or occasioned in whole or in part,
by reason of the presence of the person or of the
property of the Contractor, Subcontractors, their
employes or agents, upon or in proximity to the property
of the first party,
b, The Contractor shall procure and furnish to
the first party the insurance policy, or in lieu thereof
a certified copy of said policy as provided for in
paragraph "C" hereof, together with an endorsement
injuries to or death of two nr more persons in any P_no
accidents and reE_'ula.r. Contractor° s Propei`ty Darn,,, (ge
Liability Insurance providing for a limit of not less
than Twenty-Five Thousand Dollars f $2;n 000,,G0) for al".""'
damages to or destruction of property in any one accident,
and subject to that limit., a total ( or aggregate ) 13-mit
of Fifty Thousand. Dollars (��150 v 000�00) .for all, damage-s
to or c;estruction of pro-certy during; ttiie poll y period,
All such policies shall be approved by the first party
as to the insurance company' writing; same , the amount and
the form,
IDI 'WITNESS 'vdHEREOF, the parties have executed these
presents this Ihth day of July, 1.951.
NORTHERN FACII01C RAIL'ru/tY
Attest: CIII'Y of BOZEI,
� % I
By
Christopher J.Danos
}�i va✓ Assistant Vice President Montana Rail Link,
Economic Development&Real Estate
M.50 Lou4k4�,Orive Montana Rail Link,Inc.
;:o;s Vycrlh_;X 76131 101 International Dwe (406)523.1500
Post Office Box 16390 (406)523-149 3 fax
10issoula,Montana v vA,;montanarail corn
Chrstopher Danos v 6N_-com USA 59303
November 23, 2023 Via Certified Mail
City of Bozeman-Permits
PO Box 1230
Bozeman, MT 59771
Re: Agreement 74115 dated effective as of 7/16/1951 (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.
r
M22
Very truly yours,
BNSF Railway Company,
a Delaware corporation
1
By:
Name: Christopher Danos
Title: Assistant Vice President
Montana Rail Link,Inc.,
a Montana corporation
Z W I. Z-,,
By:
Name: Joe Racicot
Title: President
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