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Home My WebLink AboutCSX/ Pipeline/Carmel 'J' , ;,-.". <:-///l (' I v .S '7-- ",- , iV !' f.) (.)/ () l\ L~ C:>~lt.f t!hdr~ A0: ..]()7tJ. L ,.1 '. ~ LOUISVILLE & NASHVILLE RAILROAD COMPANY 90e W. BROADWAY. LOUISVILLE. KENTUCKY 40201". TELEPHONE 5B7.1121 A. P. FISH February 13, 1974 LDMonon Subdivision Indianapolis Br. 16 tolANAGCR - CE:N1RAL CONTRACT eURCAU Town of Cannel 130 First Ave., Southwest Carmel, Ind. Gentlemen: Enclosed, in duplicate, is draft of contract, dated September 12, 1974, to cover a 10 inch water pipeline, encased in a 22 inch steel pipe, crossin~ under L&N tracks at Valuation Station 8901+77 near Cannel, Ind. There is no rental under the terms of the contract, which is for an initial term of one year, ,and thereafter on a year-to-year basis. Your attention is called to Section 13 of the contract, which provides for coordination of the installation work ,with. Superintendent W. T. Dudley's Office ~t Louisville, Ky. Will you please arrange for proper Official of the Town "L&N Railroad Copy" to-me. execution of the contract. execution of the enclosed contract by the of Carmel and return the original marked Please also let me have' a resolution authorizin( The carbon copy is for your file. Sincerely yours, Manager, Central Contract Bureau JMjlsj693 cc: Mr. Chin P. Chen, Clyde E. Drive, South Bend, Ind. Mr. W. T. Dudley Mr. H. E. Rafferty Williams & Associates, Inc., 1843 Commerce 46628 " LD Monon Subdivis10n Indfanapolfs Br. 169 Form 1832.1 (1.66)-Sheet No.1 LOUISVILLE AND NASHVILLE RAILROAD COMPANY a /1 ' THIS CONTRACT, entered into this I Z. dayof qd.<c..~/ ,19 ~, between the LOUISVILLE AND NASHVILLE RAILROAD COMPANY, a Kentucky corporation, hereinafter called the "Railroad," and TOWN OF CARMEL, INDIANA, a r~unfcfoa11tv , ,whose address is 130 1st Avenue, S.W. , Carnv'! " Ind1 ana , hereinafter called "Lic'ensee." WITNESSETH, that the Railroad insofar as it legally may, hereby grants to Licensee, upon the terms and conditions hereinafter set forth, the right to construct and maintain upon or over the right-of-way or lands of the Railroad, at or near Carnel ,between mile posts 168 and 169 ,on Indfanapo11s Branch Hamf 1 ton of LOUISVILLE Division) County, State of Ind1ana In a 10-inch ductile f ron water pfpe11ne, 'encased fn a 22-inch steel pfpe, crossing under tracks at Valuatfon Station 8901+77, to be installed 1n accordance with Soecfficat1ons H-66855. attached hereto and made a part hereof, hereinafter referred to as "improvements" and locat~d as shown on the following sketch: SEE SKETCH ATTACHED HERETO AND 11ADE A PART HEREOF The conditions of the foregoing grantof the right of occupation and use of said right-{)f-way or lands, which con- ditions shall also constitute covenants of the Licensee with the Railroad, are as follows: .' .. " .' Form 1832-1 (t-66)--Sheet No, Z 1. The rental for the use of said right-of-way or lands shall be at the rate of $ 00.00 the Railroad by the Licensee ----------------- in advance. 2. This c;'ntract is to remairi in full force and effect for one year from date and thereafter from year to year, sub- ject to termination. at any time during the original term or any renewal thereof. by either party upon giving thirty: days' notice in writing to the other party at its last-known address. If such termination be at the instance of the Railroad, an adjustment of any rental prepaid but unearned will be made. per year payable to . 3. Licensee hereby releases the Railroad and any other company operating over its railroad, its and their officers, agents and employes, from, and will indemnify it and them against, the claims and demands of all persons, including passengers and employes of either party, for loss of life, injury to person, or damage to or loss of property including property owned {,y or in the custody ofthe Railroad and property of Licensee, arising out of the use or occupation of said right-of-way or lands by said improvements, or caused by explosion thereon, or by lire on sa,id premises or communicated from said premises to adjoining property, whether such lire be caused by engines or by any other cause; or for said loss of life, injury or damage caused by collision between trains or other equipment of the Railroad operating on its rails and any vehicle when on or crossing over said right-of-way while using any roadway or crossing constructed under this agreement. . 4. Said improvements shall be constructed and maintained under the direction, and to the satisfaction, of the Superintendent of the Railroad, at expense of the Licensee. Said improvements and the use and occupation of said , right-of-way or lands by Licensee, must not interfere 'with the operation or conduct of the Railroad's business. 5. The Licensee agrees (a) as concerns permanent and temporary structures (including stored materials), to main- tain on each side of every track, between the ground line and a hori~ontal line twenty-two (22) feet above the top of rail, a horizontal clearance of eight (8) feet, measured from and at right angles to the centerline of track; provided, however, that the horiwntal clearance of eight (8) feei shall, at every point on every curve, be increased one and 'one half (1}1;) inches for every degree of curvature at such point; and (b) to exercise reasonable care to keep the clearance area and the environs thereof which the Railroad's train_service'employes may reasonably be expected to use, free of obstructions that may endanger the safety of the Railroad's employes or interfere with the safe operation of engines or cars. Knowledge of or notice to the Railroad of a breach of either of the foregoing covenants and its continued operation of the trackage thereafter shall not constitute a waiver of either of them. The Licensee agrees to indemnify and hold harmless the Railroad from and against any and all claims for loss of or damage to property or injury to person (including death) resulting from any failure of the Licensee to perform or abide by either of the foregoing covenants. 6.', Within thirty days after written notice of termination by either party, Licensee shall remove the improvements and replace the right-of-way or lands in the same condition as when it took possession, and in default thereof, said improvements shall become the property of the Railroad, and at the Railroad's election, it may remove said im- provements and replace the right-of-way or lands in their original condition at the expense of the Licensee, which expense the Licensee agrees to pay. 7. No act or acts of Licensee on or pertaining to said right-of-way or lands, whether authorized or unauthorized by the Railroad, shall be construed or considered as an adverse claim to the title of the Railroad to such right-of-way 'or lands unles5the same shall have been preceded by the service by the Licensee of a written notico on th~ President of the said Railroad of an intention of the Licensee to claim adversely to the Railroad. 8. Licensee shall not assign its rights under this contract, nor shall it allow any other person, firm or corporation t~ occupy or make use of the i~provements construded by it, without first obtaining the written permission of the Railroad. ~' , .. .' Form 1832-1 (l-66)-Sheet No.3 9. Licensee shall pay, or indemnify the RailrCYold against, all taxes levied by any taxing -authority against the improve- ments erected by Licensee. 10. Licensee grants to the RaUrCYold a lien on said improvements to secure payment of rent and perfotmance of the other obligations of Licensee arising under this contract. 11. Any pipe, conduit or other coDStrUction extending beneath the track structure shall have itS highest point not less than forry-eight (48) inches below bottom of aoss ties. - 12. The Licensee, upon approval of plans and speclfications hy the Chief Engineet of the Railroad, may install cathodic prot<ction at the time of initial cODStruction or at aoy time subsequent. If it shall be found by the Railroad that the system of signals which rhe Railroad is presenuy using, or any such system which the Railroad may heteafter adopt, or other facilities of the lUilroad sball be adversely affected by inductive inBuence produced by said cathodic protection, then in that event the Railroad and the Licensee shall promptly co-operate to determine the best engineefing solution of the problem and whether necessary changes to overcome the inductive inBuence are to be made with respect to the facilities of the Railroad or those of the Licensee or of both. The party or parties whose facilities are ro be changed in accordance with such determinarion, shall promptly carry "out the work and the entire cost thereof shall be paid by the Licensee. 13. Before entering upon the Railroad's property hereunder, the licensee . ' . shall communicate with the office of the Division Superintendent of the Railroad- at Room 305, Union Station, Tenth & Broadway, louisville, Kentucky 40202 (Tel..Area Code 502, 587-1121 - Ext. 5404) at least 10 days prior to entering upon Railroad property so 'that arrangements may be made to coordinate the work to be done by tile licensee hereunder with any requirements for protection of both parties' operations and property at the job site. Should the licensee elect to have the improvements constructed by an independent contractor, the licensee will require that its contractor communicate with said Superintendent's office in lieu of the licensee, so that the Railroad's officials will be in direct cOlllflunication with.the party physically performing the work. If an independent contractor is to be used, the Railroad reserves the right to ,require such contractor to enter into an agreement with the Railroad, in the form of the sample attached hereto as Exhibit "A", covering liability, flagging, insurance coverage~ etc., before the contractor will be permitted upon the Railroad's property. The licensee shall instruct such independent contractor that said "Exhibit A" agreement will 'be sent to the contractor for signing from the Division Superintendent's office upon the contractor communicating with that office as required above. 14. Should the Railroad make any changes in its tracks, construct additional tracks, or make any changes in its roadbed or any other facilities which, in its judgment, shall render it necessary to change the grade, location or position of said improvements, or to provide or extend any casing pipe protecting a carrier ., , i, 1\,' .,. I j I 11,1 \ -' .1