|
Pipe Line Crossing Permit No. 31970
<br />THIS AGREEMENT made and entered into as of the 1st day of June, 2008, by and between 500
<br />LINE RAILROAD COMPANY, doing business as Canadian Pacific Railway, hereinafter called "Railroad
<br />Company," and CITY OF LITTLE CANADA, hereinafter called "Licensee,"
<br />WITNESSETH:
<br />1. The. Railroad Company grants to the Licensee permission to install and maintain a pipe line
<br />meeting the specifications and at the location as follows:
<br />A. Specifications:
<br />Type /Material
<br />Diameter
<br />Contents /Purpose
<br />Depth below top of rail
<br />B. Location:
<br />Section, Township & Range
<br />City, County & State
<br />Railroad Milepost
<br />Survey Stationing
<br />HDPE w/ Steel Casing
<br />20 inches
<br />Water
<br />9.5 feet
<br />SW1 /4 NE1 /4 Section 7, Township 29 North, Range 22 West
<br />Little Canada, Ramsey County, Minnesota
<br />3,457 feet South of Milepost 14, St. Paul Branch Subdivision
<br />at Survey Station 131 +05
<br />hereinafter called "pipe line" and shown in the location indicated and in accordance with the details shown
<br />upon the map labeled "Exhibit A."
<br />2. The Licensee shall pay the Railroad Company the sum of $1,450.00 in advance as rental for
<br />the permission herein granted, and shall assume and pay all taxes and assessments that may be levied
<br />or assessed against the pipe line, or against the Railroad Company's property by reason of the location of
<br />said pipe line thereon. Except as provided in paragraph 9 below, this agreement shall continue in effect
<br />until terminated by either party hereto upon thirty (30) days' written notice to the other. The Licensee
<br />shall not, by reason of termination of this agreement, be entitled to refund or reimbursement of any
<br />payment, or portion thereof, made by the Licensee under this agreement.
<br />3. The Licensee, after first securing all necessary public authority, shall at the Licensee's sole
<br />expense install and thereafter maintain the pipe line upon and across the Railroad Company's property
<br />and underneath any railroad tracks located thereon at the above described location, in a manner
<br />satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all
<br />laws, ordinances and orders of competent public authority now existing, and future modifications thereof,
<br />so as not to endanger the safety of railroad or other operations upon said property and so as not to
<br />endanger the safety of the persons or property near or adjacent to the Railroad Company's property.
<br />4. The Licensee shall be responsible for determining the location and existence of any pipes,
<br />wires, conduits, sewers, piling or other obstructions to the construction of Licensee's pipe line and shall
<br />indemnify, hold harmless and defend the Railroad Company from and against any and all liability for
<br />damage to the foregoing pipes, wires, conduits, sewers, piling or other obstructions, if any, caused by the
<br />construction or maintenance of Licensee's pipe line. The Railroad Company makes no representation by
<br />the granting of this license that its property is free of any such pipes, wires, conduits, sewers, pilings or
<br />other obstructions. The Licensee's obligations hereunder shall survive the termination or expiration of this
<br />agreement.
<br />License No. 31970, Little Canada, MN Page 1 of 4
<br />Pipe Line License Form 300.07 /03.std CITY OF LITTLE CANADA
<br />CANADIAN PAcawc RAILWAY
<br />2
<br />
|