CC RES 99-066 A RESOLUTION APPROVING PLANS FOR THE SILVER LAKE ROAD BRIDGE RECONSTRUCTION PROJECT

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• Pipe Line Crossing Permit No. 30729 THIS AGREEMENT made and entered into as of the 1st day of December, 1999, by and between SOO LINE RAILROAD COMPANY, doing business as Canadian Pacific Railway, hereinafter called "Railroad Company,"and CITY OF ST.ANTHONY, hereinafter called "Licensee," WITNESSETH: 1. The Railroad Company grants to the Licensee permission to install and maintain a DIP pipe line, not exceeding 12 inches in diameter, hereinafter called "pipe line", extending upon and across the Railroad Company's property and tracks in the SE1/4 SW1/4 of Section 31, Township 29 North, Range 23 West, County of Ramsey, at or near St. Anthony (Wilson), State of Minnesota, for a distance of approximately 200 feet at Railroad Survey Station 421+40. In the location indicated in red and in accordance with the details as shown on the map hereto attached marked"Exhibit A,"and specifications hereto attached marked"Exhibit B," at a depth of not less than 6.5 feet beneath the base of the rail of any railroad tracks located on said property, to be used by the Licensee exclusively for water purposes, • subject to the conditions hereinafter set forth. 2. The Licensee shall pay the Railroad Company the sum of$800.00 in advance as rental for the permission herein granted, and shall assume and pay all taxes and assessments that may be levied or assessed against the pipe line, or against the Railroad Company's property by reason of the location of said pipe line thereon. Except as provided in paragraph 9 below, this agreement shall continue in effect until terminated by either party hereto upon thirty (30) days' written notice to the other. The Licensee shall not, by reason of termination of this agreement, be entitled to refund or reimbursement of any payment, or portion thereof, made by the Licensee under this agreement. 3. The Licensee, after first securing all necessary public authority, shall at the Licensee's sole expense install and thereafter maintain the pipe line upon and across the Railroad Company's property and underneath any railroad tracks located thereon at the above described location, in a manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all laws, ordinances and orders of competent public authority now existing, and future modifications thereof, so as not to endanger the safety of railroad or other operations upon said property and so as not to endanger the safety of the persons or property near or adjacent to the Railroad Company's property. 4. The Licensee shall be responsible for determining the location and existence of • any pipes, wires, conduits, sewers, piling or other obstructions to the construction of Licensee's pipe line and shall indemnify, hold harmless and defend the Railroad Company FORM 300.4/97.STD PIPELINE (1X) NO. 30729 ST. ANTHONY (WILSON), MN -1- Canadian Pacific Railway