HomeMy WebLinkAbout7111030516 STREET EASEMENT 103071IRRIG/
WATER PIPE ER;PIPE PERMIT.-(TEMPORARY.)
ofnt th GAT Ears
R W. 17 1500-5-13-46 W
No. 1 30
7'6
"NORTHERN PACIFIC RAILWAY COMPANY
hereinafter called the first party, hereby permits
OF ~ ilOrj~OX' (.iOn the StAto eiona teWA6.led ttte sehd party, to construct, operate and
maintain upon its right of way
]2 3inch santxy,;eewer Pipe line aloa~g the course d>crgbed
fo~dws`;a
Extending a7og 4rne- the We$terly lfne of th®' firs party+s Main dine rtht oar in
the E
4, of Sect ol>1 ~ ~ sh
3 p 2I "Nert 4" "Range h East of , the waha rlette' ter d3 n
in,
thy, City of AUBURNi, lingvOdUnty ti acshirig l ' E ich westerly line' -i s tihe e40terly line of
»Cp. Street outl~wdatj, between Pouts tclistant respect3ye3ly`l5 fast rlarthar y acid 100 feet
; outherlyi measured along said ri:gh way Tins, fX'om the ine.,`betweeri the NE S g and
the aES, off sa3.d sect any
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This permission is granted:upon the following..terms
1. The second party will pay a rental in advance of ,pap p:D race pt a.CklTw edsd0 ;
also all taxes and assessments that may be levied oiassessed against the,improyemente.
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 " ill be`done by the:first party;;'and forsuch 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''surplud; i Ail' work' liereunder:by'the second party shall be done . in a first-class
workmanlike manner to-the satisfaction of he division supermtendent:`of the first party, and in accordance with'..plans,and:specifications
which.he`may prescribe or approve. 7he;: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:matenal psed 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, qr on account of addi-
tional tracks- being:laid,'change of, grade, ;or 'for any other reason :connecte& with the operation of the railroad "of the first party; all of
which. shall be doneat the expense of the, second party m the ;manner :herein provided.
The second party-agrees that the improvements hall anytime damage the railroad or structures of?the first party, or be a
menace to the safety of :its., operations; and to, indemnify -an da'save harmless '.the" first. party from all loss and ; damage` to its tracks, roadbed,
s'tructures,lrolling stock;and.'other,.property'of the..first party, and property of third persons, and from injuries, to persona; occasioned by the
improvements -
4 Itas agreed that. the provisions of Section 3 are for; the,equo protection of any other railroad company or companies heretofore or
hereafter granted the,loint use of the first party's property of whic, he premises upon which said improvements are,located;are a part.
5 This perinit cannot be transferred or assigned by the second party, without the written consent of_the'
first party.
6 This permit shall'endure until terminated by the first party. It may be at any time terminated by'•.64) first party upon the giving
of 7dligi t F~O ` 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 m-_any such notice, the first party may forthwith expel the see nd':party from its premised;
and at the end of the, permit the second panty will .r'estore the premises of -'the* first party to their former state.
7. upon t equ st > oiP th® first.: par.. Y. made at. any time, that: it be perils tted to d s-
pro of ee~rage through s aid p P® lanem"the "dond party v.ll make, aonngct on thetew th
for the benefits of `the first, ;parwithotlt ;requiring. P4yx~.ent: of arty fee therefor aXcept
the'.actual oaa°t of Labor and"matorial ui ed by the seaQxlid party Vin' mats ng such eonne'Gt o ,
1>3 the event that such 'see~er ;concleetion;is made the first,,party.thall pay: the 00don4 party
fdz° aSPosal bf sewage tP ugh sa3t ,e' ar p3;pe At .the .same, rate his any ,ath r ,oammcm user
tk~ereoi' ~ '
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IN W*f1q ES$;Wtid'EAWF, the parties have executed these presents this day of 1950
1 a, ti
4
71\ tqw,
T~ NORTHERN PACIFIC RAILWAY COMPANY,
By-
Industrial Agent.
~'1II es- .2-4 t
Approv ~e f4' 3
City attorney -
CM OF AUBI $
yor
Attest - -
City Clerk
I
<I
III (continued)
.p
In such event, Grantee shall pay the entire cost and expense of
d such work upon receipt of bills therefor. Grantee shall also
O pay to Railway Company or its permittees, as the case may be,
the cost of repairing or replacing the facilities arising or
- growing out of or in any manner connected with construction or
maintenance of said street.
IV
This easement is granted pursuant to the terms of the con-
struction agreement entered into between the parties dated
- September 15 1971.
V
In the event that said property shall at any time cease to
be used by the public.as a street, or shall by operation of law
or otherwise become vacated or abandoned, the easement herein
granted shall immediately cease and terminate without notice or
other proceedings on the part of Railway Company, and Grantee,
its successors or assigns, shall reconvey immediately said pro-
perty to Railway Company.
Dated this & ~ day of c 1971.
BURLINGTON NORTHERN INC.
u.
OF ~ '19 r~~, t
r _ r
By
Vice President
Attest :
S etary
CITY OF AUBURN
B
I L' Mayor /
Attest: YZI
City C erk
-2-
33TAT.E. OF MINNESOTA
Ss
County of Ramsey
.,O
~-j
On this day ofc
, 19_[, before
me per-
O
Q
scnally appeared
,
G.
F
DEFIFf
to me known to
be a
_
dice Prosi dent and R. X O'KELLY ,
tc rte kno.,rn to
be
Secreta.7v of Burling--on Northe
r, Inc., one of
the
corpora. Lions that, executed the within and foregoing
i.nstrumen t, and
acknowledo-ed
said instrument to be the free and voluntary act and
deed of said Burlington
northern Inc", fcr +,::^.e user and pl poses therein nuentiohed, arid. on oath stated,
that they were authorized to execute said instrwrent and that the seal affixed
is the corporate seal of said Burlington Northern Inc o
IN 14ITNESS WHEREOF, I have hereunto set my hard end affixed Tr.,,-
4' z.e;~al seal the day and f ax last above written.
7L
R. H. BROKOPP, Notary Public, Ramsey County, Mina,
r:.r,• My Commission Expires April 22, 1976
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RECORDED
1911(~OV
DI RECTOR-RLCORDS 3
ELECTIONS -KING CO. WK
DEPUTY
ReD ~p~ r~v~~ill a .goes
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