HomeMy WebLinkAbout~Master - Water Main - Fort Dodge, Des Moines, & Southern Railway Co - College Park Add Inst # 7
AGREEMENT ZB
1 Fee $� 5..50 '3e
i THIS AGREEMENT, made this _dv^ day of X*V**be! 19 (03, , by and
b► en Fort Dodge, Des Moines & Southern Railway Company, a corporation
organized and existing under the laws of the State of Iowa , hereinafter called
the Railway Company and _ * 4137 ot Am## low*#
A MR144 "�0i'ffit &
hereinafter called the Licensee.
WITNESSETHp
WHEREAS, the Licensee desires to construct, maintain and use
wit P Iola
upon the property of the Railway Company, situated U3.1460
&AAJtI t and substantiall
as shown on the plan hereto attached, designated as fchibit *A* data xn.-g-43
-SMA-wastr3,satims touted lahlbit O dated U-24 ,
and made a part hereof, and
WHEREAS, the Railway Company .is agreeable to such construction,
maintenance and use subject to conditions herein set forth;
NOW, THEREFORE, in consideration of the mutual covenants herein
stipulated to be kept by the parties hereto, it is agreed as follows:
1. GRANT
The Railway Company grants permission to the Licensee to construct,
maintain and use a sIX" 161 3wh 414"bop **#t iM pates yAla
upon ' the property of the Railway Company, in accordance with said plan and
the specifications forming a part hereof, and subject to the requirements
of the Railway Company.
2. CONSIDERATION
In consideration of this license , the Licensee shall pay to the
Railway Company, in advance, the sum of $25000 #eV py"S"tbis or tho
3. CONSTRUCTION AND MAINTENANCE
The Licensee shall at its sole cost and expense, and in a manner
satisfactory to the er m of the Railway Company,
construct, maintain, use and finally remove the above described facility. The
Licensee shall not do any work which may interfere with the operation of the
railway without written permission from the Ch"t malliew
of -the Railway Company. The Railway Company may perform w thout, notice any
work on, or adjacent to the facility which it considers necessary for the safe
operation of the railway, and the Licensee shall reimburse the Railway
Company for the costs of such work plus the addition of per cent on
labor and percent on materials required.
4. NO ESTATE CREATED
Use of the property of the Railway Company, however long continued,
shall not create any estate or easement in the Licensee.
5. LIABILITY The Licensee shall indemnify, protect, and save harmless, the Railway
Company from and against all claims, suits , costs , charges and damages, made
upon or incurred by the Railway Company in connection with this license.
6. TERM
This agreement may be terminated by either party by a
notice to the other party, or
w'TtTfouff'h6-frc`67-6-h disuse by the LiceEsee for i VMried or Riau (20) 4mo
o
BOOK.... --;. ......PAGE..... .2,
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7s LEGAL NOTICE
Any notice given by the Railway Company to the Licensee shall be
deemed to be properly served if the notice 'be delivered to the Licensee,
or if left with any responsible agent of the Licensees or if mailed, post-
paid, addressed to the Licensee at the last known place of business of the
Licensee.
8. REMOVAL
Upon termination hereof the Licensee shall forthwith remove all the
Licensee' s constructions from the property of the Railway Company, to the
satisfaction of the Railway Company. In case of the Licensee' s failure
so to do, the Railway Company may at its option either retain such construc-
tions or remove them at the cost of the Licensee.
9. ASSIGNMENT
This agreement shall not be assigned. or in env manner transferred,
without the written consent of the TUO P"*Id*l* OM G*DWSI
of the Railway Company.
Until terminated as hereinbefore provided, this agreement shall
inure to the benefit of and be binding upon the legal representatives and
successors of the parties respectively.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in aftoftna t1 9 the day and year first above written.
FORT DODGE9 ,DES MOINES & SOUTHERN
LWAY COMPANY
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WITNESSo )�7
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#gg3,pi�a6 at the ] aor+. fit.: 11, BIk. . 2, College Park Add,
e ,C13' ► ` Aralsi iowa,. theme South 15 ft. alongthe ess. ,
seid Sat' 3.19 thence 12o�thwest to OT
a paint .5 ft �►est of tt e `
eor , .esit.lot lit �" past 15
ft, along the north
said lot U to the 'po'l yet 'begimninoo 4 r.
i"t« t0 e06h side of 1tnA► beginning at s Point 38 ft*
of the W e3cr. Lot 2, 1I1t. 1, College. Park. Addition to th+�
City of Anon* Iowa, tbionce South 66046, east 33.5 ft. • th" =Y
south 57042, east 182 ft, to the north line 2nd Street*
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rMT p $ DNS X011M & SOUTMN RAILWAY Ct 34PANY
fthibit B'v
�pea�ifiaati~ens
for
Placing 16 inob cast Iran water main an basement to the
City of Aster, Iowa
U 'tc 26 inch east heft water Main shall be placed with a
Siouan of A feat of grid oov*r,
2. Any excavation In connection with placing the water main
shall be a mInIamn of 8 test from the center line of #she
closest railroad traok
3. Any excovation on the Basement left open over night shall
be suitably borrieaded and narked to prevent injury to
Railway company Paroconol.9
4 he City of Amos shall notify the Chief Engineer of the
Railway Company 5 days in advance of beginning construction
on the Mass"At*
This Resonant is &rantod with the understanding that there
will be no Railway eI assessment* for this project against
►�' propertyo
offiae of Chief Engineer
►om# Iowa
Nov* giber 2# 1961
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