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Home My WebLink AboutCSX/ Pipeline/Carmel (3) .', ~ . . ~ontents to be Handled outside Diameter Pipe Material . Specification and Grade Wall Thickness Actual Working Pressure' Type (Jf Joi nt Coating Method of Installation 'Length of Casing Pipe Protection at Ends of Casing: Sheet No.4 of 4 H-66855 Carrier Pipe Casing Pipe ........................ ......................... ............................ ........................ ,'.. ,. ....... . . , . . . . . . . . . . . .. . . . . . ~ . . . ~ . . . . . . . . . o' . . . . . . . . . . .. . . . . . . . .; II! . . . . '.' . . . .'.. .; . . . . .. . , . . . . . . . . . . . . ". . . .......................... ....................... . . . . . . . Ii . . .. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . , . . . . . . . . . . ........................ ....................... ......................... ........'................ ........................... .....-...............,.... Both Ends........................ ..... One End.................... Type.. ............... Bury: Bottom of Cross ties to Top of Casing .................Feet .......;.....Inches Bury: (Not Beneath Tracks) ................ .Feet ............ ..Inches Bury:.' (Roadway Ditches) .................Feet .............Inches. Cathodic Protection...... ..................... ... .... .'..... .................. ... ........ 9. The execution of the work on railway rights-of-way, including the supporting of tracks, shall be subject to the inspection and direction of the Chief Engineer. of the railway company. -, Louisville and Nashville Railroad Company Office of Chief Engineer Louisville, Kentucky 40202 .July 22, 1970 ! . .. . , " .J> " , . "'- i " -;-.1 'U'-) , , ~CJ ~)). ~ l1\ ,,)i ",'- ~ ii ~ ~ -. l\\ ~ ~ ~ ~ ~ \) " ~ .n ~ ~ v i,.\\' f\:i ~f)~;;: ~t-....... ~ ~ . ~ ~.I - ~~ ~'(-~f'r). ~ ~ ~,~ " ~ ~ fi~ "'> ,~~i'\ '" ~ l\ '"' ' ~ ~. ~\\'~ ~? ~,~. & a'(') ~~~D ,~ ,-" l:S · """ I lJI ~ $:'~ } ~ i?-'~ lI'l ~ lJi ~ ~ 'l--' 1:1 '!-....~ I Il: 0, .~ 8" ..~ (; ~ I \ l,l\ ,-...1) ~ "- \} ~ " IA '" ~ " '..~ " " "". ,- ~, 1. ~ )1\ ~ " )~ Ii{ '~ n, 0;; I I I I ~ i~ , ~ , I I I' , 1\ I , i I. I \~. 11' 't \1 . I Ill--. I ,I( I I!\ 1{J,h :),.I~ I~I~ I>-!' !iI 'Iii I 1'i11~ 1.,..1:" , , ....\J, n, I),' ~ . I I , I I , I I I I I 1 I I I lri ~ ~ f\, \1\ , I I I' 11 I 1 I , 1,1 :' l.I I I .... . I :oi'--I ,I ~I ., I *' ::~ I I , , I " I , , 1 :.:- -~ hi . YI ',. ,~ . " ~ . th I. :,. \J) . r ~ ~I~~ '1\ ~" ~':8 .f' z:' G\ ~.~ >.1 , I ."'1(", , " ~" "-Jo f.' . ~ 'i .~ l ~' .~ .. , ' ...0"' . . . ~.. ," ~ - . s! 7KACK --raKACK .tr) l\ I'l\ ~ !\ ~ -, ,-' 1 )~. " \~ --: . , ~' ' :. .".l~ , , .~ I' . ',; . I . RESOLUTION 1- 3-/2 -7~ RESOLVED. that Fred T. Swift, President of the Board of Trustees of the Town of Carmel, Indiana, is hereby authorized to enter into a contract, a copy , of which is attached hereto, made a part hereof and marked "Exhibit A", for and on behalf of the Town of Carmel, Indiana,' a municipality, hereinafter called "Licensee", with the Louisville and Nashville Railroad Company, a Kentucky corporation"hereinafter called "Railroad", for the purpose of obtain- ing for said Licensee,s right to construct and maintain upon or over the right- 'of-way 'or lands of the Railroad at or near Carmel, between Mileposts 168 and ~69, on the Indianapolis Branch of the Louisville Division in Hamilton County, State of Indiana, a lO-inch ductile iron water pipeline, encased in a 22-inch steel pipe, crossing under the tracks at Valuation Station 8901+77"all in conformance and in accordance to the requirements of all parties. Dated this ):1. day of '//Jf1AA" L, 1974. Fred T. ~, BOARD OF TRUSTEES OF L -' //:J TOWN OF CARMEL, INDIANA .- .. IAN~I'Oll~ M:O LOUISVILLE RA\~W~Y COI.IP~NV" . WI'Ilranr CHIC~G/) IN~ RAILROAD" ~hall be d~t::Tled tll bl etlpnlrl tlnre'" the nlm. Mor1t1 a.\Ibstl.t.ll.ltd thll.lor~ /"l-~"'-''t.../ I;;; J o--D COP Y 6-drJ- /Va. t!:> 7 "23070;3 Contract NO,~..~.n~n.nn.:Z~...__.. s t"':' ~K" " . \(Y'~ \l ' J..:' L""'<.. .lI" I,;",e s", ..{ tbc <;J: } ([>.tle'{ ,J..-b . PIPE LINE AGREEMENT THIS AGREEMENT, ;',;de thism.~nnnday oLm.m.mf:1&~~)l~..mm...."'m..."..nmmn ""n."', I9..~!., by and between CHICAGO, INDIAN APOLlS AND LOUI S VILLE RA I L WAY COMPANY, a corporatioJl, hereina Iter called "Railway Com~any:' party o(the first part, a1ld.n'l'<JlliJnOl!'.~~J'!.1lr:t,n......~nmmnnnn"'m..mnm__....mm"'...__.~_.....-n. .. ______._____. _._.._n__________n__.________u~_________.____n______._~_________ wIlDse address isnn:n..m.....~..~...~.t.~n..nnnnm..nnn .,uu__n.__ __n___n___hn_n_H__________nnn____________un_____n_______' hereinafter (whether ,~ne or more persons or corporations) cal1ed "Licensee," parL...I'__.______nn____ of the second part, WITNESSETH: That for and in considel'ation of the covenants alld agreements hereinafter contained to be kept' and performed by Licensee, the Railway Company hereby granls (but only to the extcnt of its right, title and interest in the premises affect,cd) unto Licensee a license to construct. operate, maintain, repair and renew_~~.__m_um,._u____. __~m____~mn~'_ 6- ... IIIdD .. " r -t....., 1ll1Mlll', eaeb Sa . rmtt\1 Il~ ripe ~ ClI' bored __ _ ___ _n._'_~"_ nnn____n_____.__. _ un_ _ _ ..'n_.__._ n______n___+uC_+_. .__.~.~--~..~....-h.mn..--..--...m.......n~.-...m~..-........~ ._.__mn_m__.nn m._._~____;.m-.nnn~n-.' hereinafter called Hpipe line," under allll across the right of way and tracks Of land of the Railway Compan)' at its Snrvey Station NO~n~'~~~~ or nO:lr. ...____...__~.l:\:."'~~mun.muu..mm..__.___n Station, in the County oL.,......_~.~.mn..u.... and Statc of Indiana, for the purpose of conveying......n~umn.._ ...~..~~--.. ...~_~__n___.d~_.+_~n__.~_~_~h_n____.___nn___~___.n.__._._h___Unn..._.__n____..___. '.__nn__nn_____~_nn__.~n__n_n~__.nn__+_nn___ __u..n_'__ uo'.~.~nn.-+n,---nnm-----.-'~.m-~--m-.-n-~-m---; which said licc1lse, llll1ess sooner terminated ill a manner hereinafter provided, is for the term oL..~~__.~.u...."'~_.., commencing on the ~ ~ . .day oL__~,"IIl.~~.~..m, 19_@__, and thereafter from year".to year until terminated by un)' party or parties hereto' by giving the other 11~l1"ly or parties hereto notice in writing of election to .terminate at least ninety (90) days prior to the cnd of utiy f'iuch yearly period,' IN CONSIDERATION OF SAID GRANT LICENSEE COVENANTS AND AGREES WITH THE RAIL- WAY COMPANY AS FOLLOWS: . .1. The,authorized location of said .pipe line (unless and until challgl'tl as hereinafter provided) is inuicated on the print attached hereto, identified ~by the signature of an authorized representative of the Railway Company, aud hereby made a part hereof. Said pipe line shall be used by Licensee for the conveyance of the liquid, gas or other S1lbstance above stated, and for no other purpose whatsoever without the written permission of the Railway Company. Any pipe, culvert, box or other facility which encases, covers, supports or protects the pipe, tile, line, sewer or other conduit pro- vided for the actual conveyance of liquid, gas or otber substance, and all other facilities and eqnipment which are auxil- iary or appurtenant to such pipe, tile, line, sewer or other conduit, shall he decmed a part o( said pipe Iinc (or the purposes of this agreement, and shall be subject to the terms and con,litions hereof. Liceusee shall procure all uecessary public authocity for the exercise of the .license herein granted, and shall, upou request, furnish the Railway Company with a duly certified copy thereo f, , ' , '1'\mnt:;~nW -' 80/11>>--.-.----- 11 2. Llcensee agrees to pay the Rallway Company the Sum of __..____.m_______m_....mm____~m___"'m~____.__..~m___um..__mDo ars ($~__!.~....m............) upon the execution of this agreement, '~Jl(l a rental nf~l'r!:lu~.JIO~~_...~.-.~_..._Dollars ($~.~........n...._...) per ...__...n.~....~n.......__' payable iu advance, on the....~"',......day oL.~~.....n..nm...._ each ___..~_~_nd~" during the continuance of the license herein granted. Licensee agrees to pay all taxes and assessments levied npon or assessed or extended against or on acconnt 0 f said pipe line, and agrees that if the Railway Company for any reason whatsoever shall payor be required to pay any stlch taxes or assesSHlCl1ts, Licensee will reimbttrse the Rail. way Company therefor within twenty (20) days after rendition of bill. Licensee agrees that he will not, by any act or omission, cause or suffer any lien of any kind to attach to the prcmises of the Railway Company; that he will promptly cause any 'lien which may attach to said premises by reason of any act or omissiOli on his part to be fully removed and re- leased; and that if the Railway Company for any reason whatsoever shall payoff or be required to payoff any such lien, Licensee will reimburse the Railway Company' for all costs and expense so incurred by the Railway Company within twen- ty (20) days after rendition of bill therefor. 3. Licensee shall construct said pipe line in accordance with plans approved by the Railway Company. Said pipe line shall be of the kind and character of material specified herein, if and to the extent: that any such spccificntion ig made herein; and, in any event, said pipe line shall be comprised 0 f material or materials which are good and sufficient, and shall be so constructed, operated, maintained and kept by Licensee that any and all tracks, driveways, structures and other facilities above. or in the vicinity thereof will not in any wise be rendercd insecnre or unsafe. Unless otherwise specified herein, said pipe line shall be so laid that the top of all parts thereof shall be at least three (3) feet below the surface of the ground at all points (including ditches, if any) on the premises of the Railway Company, and at least four (4) feet below the bottom of the ties in any track on said premises. If at any time Licensee is notified by the Railway Company so to do, Licensee shall provide a stop valve or stop valves in said pipe line, or in any extension thereof beyond the prem- ises of the Railway Company. 4. Licensee agrees that he will maintain and keep said pipe line, and any extension thereof beyond the premises of the Railway Company, in good, safe and sufficient condi tion; and that he will construct, operate, maintain, keep, re- pair and renew said pipe line in conformity with all laws and ordinances and all rules, regulations and orders of public authorities applicable thereto. Licensee agrees that he will give the Chief Engineer or division engineer of the Railway Company at least five (5) days' notice in writing of Licensee's intention to perform any construction, maintenance, re- pair, renewal, alteration, relocation, removal or other work On or with respect to said pipe line, and will make arrange- ments therefor with the Railway Company; provided, however, that in the event it becomes necessary to give emergen- cy attention or make emergency repairs to said pipe line, Licensee shall give representatives of the Railway Company who may be available or can be located such notice as time and the nature of 'the emergency permit. Licensee agrees that he will exercise the greatest care in performing construction, inspection, maintenance, repair, renewal, alteratioll, reloca- tion, removal or other work on or with respect to said pipe line, or any extension thereof beyond the premises of the Rail- way Company; that he will perform all such work in a manncr which will not endanger'thc operation or safety of loco- motives, trains, cars or other rolling equipment, or the security or safety of any tracks,driveways, structures or other facilities above or in the vicinity of said pipe line; that he will perform all such work in such manner, consistent with safety, as will cause the least interference with the use of any tracks, driveways, structures or other facilities on the prem- ises of the Railway Company; that he will fill and thoroughly tamp all trenches and holes which may be dug on the prem- ises of the Railway Company in connection with any such work; that he will replace or restore, to the satisfactiou of the Railway Company, any and all property of the Railway Company and other property upon its premises which may be dis- turbed or damaged in the performance of any such work, and will leave said premises in a neat and clean condition; that hc will maintain and keep all soil or other material ovcr said pipe line thoroughly compacted and the grade evcn with the adjacent surface of the ground; and that he will perforn; all work above mentioned, and any and all other work con- templated .or required herein to be performed by him, at his own expense. s. If, in the judgment of the Railway Company, any cOllstruction, maintenance, repair, renewal, alteration, reloca- tion, removal or other work on or with respect to said pipe Iinc shall make it necessary or desirable for the Railway Com- pany to have an engi~e~r or other representative on hand, or to provide a \\'atchman or \vatchmcn to protect the move- ment of locomotive-5,' trains, cars, or other rolling equipment, or to provide support for tracks, drivc\vays, structures or other facilities, or to do any other work on or in the vicinity of its prcmises, Licensee shall reimburse the Railway Company for all costs and expense so incurred by the Railway Company within twenty (20) days after rendition of bill therefor. Whenever, in the judgment of the Railway Company, it sl1111 he necessary or desirable to givc emergency attention or make emergency repairs to said pipe line, or to any extension thereof hc)'onq the premises of the. Railway Company, in order to prevent injury to persons or damage to property, and, in its juclgmeut, the circumstances do not permit the giv- ing of notice to Licensee, the Railway Company shall have the right, if it so elects, to give such attention or make s11ch repairs at the expense of Licensee; and Licensee agrees to reimhurse the Railway Company for all costs and expense so incurred by the Railway Company within twenty. (20) days after rendition of bill therefor. 6. It is understood and agreed that the Railway Comp,ny reserves the right to make any and all changes which it may..deem', necessary or desirable in its business and operatinn, ilnd in the lille, grade, tracks, number of tracks, drive- ways, structures and other facilities on its premises at and in the vicinity of said pipe line, and to make, and to al1lhor~ ize others to make, such use of said premises as it may desire. In the event of any such change or proposed change on or in the use of said premises, Licensee shall, upon notice frour the Railway Company so .to do, and within such ti111\'! as the Railway Company shall specify, make such changes in said pipe line as may be necessary to make it conform, it:; its relation to the change made or to be made on or in the Use of said premises of the Railway- Company, with the term!] and conditions hereof. If Licensee shall fail to make stlch changes in s<lid pipe line within the time specified by the Rail~ way Company, the Railway Company shall have the right, if it so elects, to make snch changes in said pipe line at the expense of Licensee; and Licensee agrees to reimhurse the Raihvuy Company for all costs, and expense' so incurred by it within twenty (20) days after rendition of bill therefor. Whenever, in the jn(!gment of the Railway Company, the ex- istence or operation of said pipe line shall unreasonably inter fere with any change or proposed change in its business or operation, or in the line, grade, tracks, number of tracks, drive\vays, structures or other facilities on said premises of the Railway Company, or with the use or any proposed use of said premises, and, in the judgment of the Railway Company, such interference cannot be avoided by raising or lowering, or by making other changes in, said pipe line, the Railway Company' will endeavor to provide another nearby and snihb!e location on its premises for said pipe line; bnt if, in the jndgment of the Railway Company, such other location cannot he provided, the Railway Company shall have the right, anything herein to the contrary notwithstanding, to terminate this license hy giving Licensee thirty (30) days' notice in . ~writing of the Railway Company's election so to do. if i1ie i,tUiway Co.ii;'any shall provide another location on its prem. , ises (or said pipe line, Licensee shall, upon notice from the Railway Company so to do, and within such time as the Rail. way Company shall specify, relocate said pipe line at such new location and make it conform, in its relation to such new location, with the terms and conditions hereof; and the terms allll conditions of this agreement shall apply to said pipe line at such new location as fully and with the same effect as if ,such new location were the original location. " 7. Licensee hereby assumes all risk of damage to, and interference with the operation of, said pipe line, and any ex~ tension thereof beyond the premises of the Railway Company, and of any consequent loss of liqnid, gas or other suhstanee , from said pipe line, or from any such extension, which may be eause,l, directly or indirectly, by (a) the operation of lo- comotives, trains, cars or other rolling equipment by the Railway Company, or by others on its premises, (h) any derail- ment, wreck or other accident involving any stich locomotive, train. car or cqUiPIlH'l1t, or (c) constructioll, inspection, maintenance, repair, renewal or other work conducted on Or au01lt said premises by or for the Railway Companj. Licensee agrees that he will protect, indemnify and save harmless the Railway Company, and its successors and assigns, from and against any and all loss, damage, costs, expense, settlements, judgmcnts, decrees, awards and claims of every kind and character arising from or gfowing out of, directly Of indirectly, (n.) the construction, existencc, condition, use, oper- ation, inspection, maintenan'ce, repair, renewal, alteration, relocation Of rcmoval of said pipe line, or of any extcnsion thereof beyond the premises of the Railway Company, (b) injury to Licensee, or to any of his agents or employes, whilr on or about the premises of the Railway Company for or in connection with any of the above-mentioned work or matters, (c) any death resulting from any such injury, (d) any act or omission of Licensee, his agents or employes, incident to or connected with any of the above-mentioned work or matters, (e) any failure of, or break or defect in, said pipe line, ,or any extension thereof beyond the premises of the Railway Company, (f) any liquid, gas or other suhstance which may in any manner, or from any cause whatsoever, leak, escape, scep, .flow or be carried from said pipe line, or from any ex- tension thereof beyond the premises of the Railway Company, or (g) the violation by Licensee, or by any of his agents or employes, of any term or provision of this agreement. The foregoing provisions of this paragraph shall apply regardless of any negligence of the Railway Company, its successors or assigns. .' , , 8. In case of non-payment of rental or of any other mone.y payable by Licensee to the Railway Company under any of the terms hereof for thirty (30) days after it becomes due, or in case of default by Licensee in any of the other covenants or agreements of Licensee herein contained and the continuance of such default for a period of thir,ty (30) days after notice in writing thereof is given by the Railway Company to Licensee, the Railway Company may terminate this license instanter by giving Licensee written notice of the Railway Company's election so to do, and immediately, upon the giving of such notice this license shall terminate. 9. Any written notice or other communication which the Railway Company may desire to give to Licensee under any of the terms or provisions of this agreement,. or with respect to said pipe line, may be delivered to Licensee, or ,to any agent or employe of Licensee at the address set out above or at any other place where Licensee may have an office or reside, or may be deposited in the United States mail, postage 'prepaid, addressed to Licensee at the address set out herein or at any other address at which Licensee may receive mail. If such notice or communication is given bymail,it shall be considered as delivered to Licensee on the first business day after it is deposited in the United States mail. 10. Licensee agrees that upon the termination of this license, regardless of how the termination shall occur, Li- censee will remove said pipe line from the premises of the Railway Company and restore said premises within ten (10) days after such termination. If Licensee shall fail to remove said pipe line and restore said premises within said time, the Railway Company shall have the right, at the expense of Liccllsec, to diScfJt111Cct said pipe line nt any point or points on or near its premises, and to remove, destroy or otherwise dispose of the materials comprising said pipe line, alld to restore its premises; and Licensee agrees that he will rcimlmrse the Railway Company -for all costs and expense so in~ curred by it within twenty (20) days after rendition of bill therefor. 11. Nothing in this agreement shall be construed as giving Licensee any right, title or interest in or to the premises of the Railway Company, it being understood and agreed that the grant herein contained shall be and remain a license terminable as herein provided. 12. Any waiver at any time by the Railway Company of any breach of any covenant or agreement of Licensee herein contained shall extend only to the particular breach '0 waived, and shall not extend to or be taken to affect any other or subsequent breach of that or of any other covenant or agreement herein contained. 13. In the event that Licensee embraces two or more persons or corporations, the covenants and a~reements of the Licensee herein contained shall be the joint and several obligations of each of such persons or corporatIOns. '14. This agreement shall inure to ~nd be binding upon the successors and assigns of tbe Railway Company, owners or operators of the premises of the Railway Company on which' said pipe line is loented. This agreement shall also inure to and be binding upon the heirs, executors, administrators, legal representatives. successors .and assigns of the _ Licensee, including the owners or occupants of any premises served by said pipe line, or by any extension thereof beyond the prem- ises of the Railway Company, and also including the owners or operators of any plant, facilities or system of which sai,d pipe line may be a part or with which said pipe ,line may be counected; provided, however, that any assignment 0\ tlus agreement by Licensee made without the written consent of the Railway Company shall not be binding upon the Ratlway Company. r-i. 1$., Oglm "','~...,.. _ pamlttGi! vlthtn tvonty (m) f\3lllt of the center l.1n8 . 01 tll'fAok. 16. .... ~ ..J~" .., -f/1'frtpfl tho dltlt or R!ltllttW ~ w l!I!Wlta!ra ita f'ooll1tti'l'B, t.to.Al. """Lt_""", I1GI8 :ua., eSomel equl~ Cl2' m\Y ~ equ1pnIDnt 1IIlt'OOfl~ for too '... IIIIlS 4M4' ~-..- ClfplL'll$Sa 01 the 1"C!1.rocil iD it!! ....~ 1QeElttal1 \IDl.emlI otbeJ-..It"" ,......... fW btIrIl!lSL .,'~ the tem of this ft.\r;r~~ ~ lIO!'k is I'eq1.l1.rod in ('o4"....Vitb tbIII ~, either' ot tm l'eqIJelDt or 91' l!Il!I a l"I/lWlt otm:tlOl\ taken ", Jjk\1......1lO lid it) ..1.-.... 1>>, U-W"", tar llll1bt~ ~ to IreflII:P;'8 or I'eloceto MY 0118 ~u~... .. to 4 JI.~..lA labor lrJJ4/ar r.am:er1n1 far tbO pt'OIlClotlOD at ita ~, U-""'Ilf ..~, ~-41huNe RaU~ 0.._...... for tb18 6~NlG. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: ___-IB./_J?r_eda__L.___Ev.aIUL___________________ Aasistant Secretary ATTEST: (IF LICENSEE IS A CORPORATION) __.1f!I~_~~___~E~____________________ , Secretary . APPROVED; ___j~L_y.!____C}.!____~~il;:_l1___________,______ Operating Department _____J~I__'tj_.mp._.___!!E.~f!!.f!.~'C!:________________ Engineering Department Traffie Department APPr')ED ')S TWORM: -----z1~~;t;;;;;;t---------- .' CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY By ______ ___ls.LQ.___l1,.___l3~~_~_____________________:_______________________ Presid."t "l'O:/R Qp' emm., __~_______!~L~_~___!<.~___~_~~~~~!..__~=_~~___~~____________ \Vitnesses to execution by Licensee: h._..__.._..._____________________..__.n___._.~_nn_____"__________._____+_+._.__.u__ Add ress __________________u_____u________m__umuU__m_u,u________________ 1\<1(1 ress ____ __nnn_____..n__ ________________nn_n_d.._n__________n____<_n___ 'j, rt fZ ".,.," vjJ,t'Jl_-,.-. '-', I ,J" C;..", /7 ,. L' /' S r: It! ~ 'C'': '.I\t-.t!'\t .:. . <~{. I ~;I Wh;"rtnr "CtHCACO 1N[;;"N~~rOllS AND lOU1S~!llt RAilWAY COMPA'Wf" COI)Y .~' -,.:,~:I ~/'~ 1\1.0, c..f<>' _"fU&~\(--eY '\ i ,,,l" :::::,::.:;';::,;;;.".' "MONON 'AlLAO"" .,,11 .. ,,,,,,, " ., I , "i 30 7(J,<{ ~e-if ( " . Contract NO.......mm__________m______ PIPE LINE AGREEMENT THIS AGREEMENT, made this____..--~..m-day of. Iprll 61 mmm_m, 19_m____' by at"lbetween CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY, a corporation. i,ereinafter called "Railway Co~,pany," party of the first part, and,m__~_III_ClIl'..~m, ..____m__mm....m..mm..m..________m____..mm___mm ______n__..4_____n____n__.._____u__n___________.__n___nd4 whose address is...__'C..,__..__~I!...~_,_..~.!.~___~_~f~_..~llr'_C\_....m__'_ .. nn______n+nnn4n_nn____nn_n___n_nn____n_n__________n__' h'ereinafter (whether .one or more persons or corporations) called "Licensee," part_~..__~....____mm of the second part. WITNESSETH: That for and in consideration of the C()\"~Il:ltlt5 awl a~rce\Hents hereinaher contained to be kept and performed by Li~el1seei the RaihNay Company hereby grants (but only to the extcnt o{ its right, title and interest in the premises affected) unto Licensee a license to construct, operate, maintain, repair and rcnew__~___mm____mm__ m~_nndmm__ _~~__!f.~!'iI.__~_~__~__:_l~__~n~__~__~_~nl!llltll1 ene.___~_~_.n..~~~~~_ !-!'~n~__~.~..~.~__~__~n~..~..n~."n_...__._ ..._____n_m.. mm......_nmn.. nnmn__.....__m _.___nu__+m._"_+._._____m..._.;..mum.'_J hereinafter called Hpipe line," under and across the right of way and tracks or land of the Railway Campau)' at it" Survey Station NO.n..~ sitl10lcd at or near. .,. _~'-_mn ..__n_mn..n__..mm.n.______ .. ....,.,. ollftltar:;' eClWOr Station, in the County oLm______n____n_____m.....mC...._____. and State of Indialla, for the purpose o[ conveying___m..._ __.....__m___mm__ ~.~.~ __*..._.....'__n._n_..n__~._n..._n*_n.___*n__~_nn__n..*__*_____.___.~__nu__n__.__._~_.n.n___C____._...n_+nn._ __u______"~_~u_n________ ______n _____.+"+n__ __n__________...__ .___._ncm____n.-_n___+_~_"n... n'_.._mnn-----.m..+--;.--..m---;nm.~h_+_.----n--- j ,vhid) said licel1:;;c, hereinafter provided, is for the term oL__.."~n~nmnun' cOlHll1t'lIcillg 011, the G1. ' 19nn____' and there~fter from year to year until terminated by any part)' or parties hereto hy giving the other 1'''''ly or lllllC!is '<;Of.Jl1cr terminated in a manner lilt , ..,u . ._____ da)' oLm..n............n_m___n....m' parties hereto notice in writing of election to terminate at least ninel)' (90) da)'s prior to the end o[ any snch yearly period. IN CONSIDERATION OF SAID GRANT LICENSEE COVENANTS AND l\GRI~ES WITH THE RAIL- WAY COMPANY AS FOLLOWS: 1. The authorized location of said pipe line (uuless and lIntil change,! as hereina [tel' provided) is indicated on the print attached hereto, identified by the signature of an authorized representative of the Railway Company, and hereby made a part hereof. Said pipe line shall be used by Licensee for the conve)'ance of the liquid, gas or other substance above statedJ and for no other purpose whatsoever without the written perlllis;;;ioll of the Railway Company. Any pipe, culvert, box or other facility which encases, covers, supports or protects the pipe, tile, line, sewer or other conduit pro~ vided for the actual conveyance of liquid, gas or other substance, ;lnd all other facilities and equipment which are auxil- iary or appurtenant to such pipe, tileJ line, sewer or other conduit, shall be deemed a partof said pipe line {or the purposes of this agreement, and shall be subject to the terms atICl con(litions hereD f. Licensee shall procme all necessary public authority for the exercise of the .license herein granted, and shall, upon rC'Inest, furnish, the Railway Company with a duly certified copy thereof. ' . ' , . 'i.Wrst, Pive ... fh/lOO . · . . · 2. Licensee agrees to pay the Railway Company the Sum of ............____.._..m...................__._......_m......_.._:___......__....___..m____Oollars .,.DO 'l'Wl'N ... Ib/lf>> · · · · ($_______...........________,..................) lIpon the execution of this agreement, and a rental oL..........__....m..__......___mm..____....m........____....__mm_Oollars 11M . ...' .' 1 i"l , ($m............'...........__............_____) per ___._..__........____..m...___________...... payable 1B advance, on thc....._____...._m_day oL..,....._____mm_________m____....___ ~ach ~.~.n+~~_~___ during the continuance of the license herein granted. Licensee agrees to pay all taxes anti assessments levied upon or assessed or extended against or on account of said pipe line, <111(1 agrees that if the Railway Company for any reason whatsoever shall payor be required to pay any such taxes or nSSCSSll1Cuts, Liccll~ce will reimhurse the Rail-