HomeMy WebLinkAbout08-1982_B
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AIISSOIJRI,KANSASITAAS RAILROAD COMPANY
Pt AI. I;SIAT11 AND INOUST111M. Of VIELOPMCN'T DEhAIITMFSNT
701 COMMIIf101: S111W
GALL/\%11:XA9 1~.i2o2
H19hl of IV WAY N CeFinIrActracls l Managor 214) 661.6763
August 2, 1982 F'iles T-18753.8
Mr, Greg Edwards
City Engineer
City o£ Denton, TX
Municipal Bldg,
Denton, TX 76201
Rat Power Line License No, 34785 covoring
one 13,2 KV aerial distribution line
at M,p. K-723,96 near Denton, TX
Dear Mr, Edwardsi
Enclosed is your executed copy of the above described agreement which
has now been signed by a vico-president of the Railroad.
Should you have occasion to correspond with us in connection with this
agreement, please refer to the file and contract numbers shown above.
Yours very truly,
Vivian R6ssotti
ocs W. L, Newton, Rd, Master
Enclosure
RECEIVED
~I,01~ Of WOM k ept
AUG 3 1W,
13R180
1 t
OL y } arm tl 1
' ' M ~ r Itc~ L77. ~ w
POWER l.l~ X LICENSE
301,i 85)
THIS ACIRL:T:NWIT No.,.._.._tnude this___let__..-day of JuIY__.__..~......_......., 14.g?
between tho MISSOURI-KANSAS-TEXAS RAILROM) COMPANY, Ilereknafler culled "Livwi%or", and
0111Y OF AFWIXIV~„l'H?;AG
hcrcinaftet culled "Licouset".
WI'I'N1:SM-311l:
ARTI(1F, 1.
1, Term: 'z'tli)) agreement sh411 take v.t'fect the date heraof, and unless sooner termi-
nated as provideid herein, shall tontlnue in t:arr;e so long as used for the purpose herein
set out for a period of ten (10) yeaxu, ur tinf.i.l terminated by either party giving the
other party not less thetn thixe; (30) dayr•' aavaaoa notice in Writing of an intention to
terminate the same, the agtoaiai n~ t. r3xn 1.tctt:e upon the expiration of such term or noti.ea,
whichever occurs first, hicent,ee 13 herl.,1,y given a renewal option at a prioo and tam to
be negotiated no sootier tiisr, 1RO days or 1:-,x than 30 days prior to the expiration of this
term, In the event th-a am.auat of eenogor.iarcd rental is not agreed to in writing by both
parties, prior to the wcpioption of »t,e to to of this license, this license shall automati-
cally terminate without notice, etifectivu the last day of the expiring term,
2. Consideratlon and Deieriptiom lo consideration of ~SIµVCN HUNDRED AND NO/100
+wr ..wr •y.. - 700400 ( _)DOLLARS,
receipt of which is hereby acknowledged, and of the covenants of LicQnscc as hereinafter sot forth, Licensor hereby grantsa license
and permission to L.iconsce to construct, reconstruct, use, maintain, repair laid Install one aerial ^
electrical distribution line containing a maximum of 13,2 Ky_
situated on, across or ulong 1.1consor's property tit or rteur_.??ento!L_ , in the County of' Denton
and state of - Texas . For convenlenee, the said power line with all towers, poles, wires and appurtenances
insofar as they relate to said power line upon said right of wuy is herein called "Crossing" The location of Bald Crossing is Inure
particularly described as follows:
Said 1.3,2 KV distribution lino crossos said
Railroad Coropsaty's premises at an angle of
78 degreos, rnive or lass, measured to the
lefC, weatorly from the centerlitte of said
Railrrad Ogmpanyls Denton Subdivision main
tratik. at W le Pont Kr723,96$ being main track
valuation ~ohaining, station 1801+87.8, distant
1,10 `feet, more or less, measured northwestcfly
along the eonterlina of said main track 'from
the'ount~irlinu of Loop 288 Overgrade Crossing
(DOT No, 414 684 V). said line is not within
the 1inits of a public crossing.
f i
1
rf Alt'flCIll, { 1~, +
l•iceasee underlukcs Imd agrees. + th» v
1 peclfieationst All crossings shall by constructed, recunstruvlecL used,
strict nudnUtlncd oporattc;l, rupuirc(I and installed in
accarduncu with dw+ specltlcf+tiolts for IIiv lino curcum of IIQ Naliorrml IilccIricul snfoIy Co to ---Part 2," sufoty Rules I'or the
Iltshallation and ,4lnintun,utcc of cleclric Supply nod Communicalioq lines", provided that all nmtvr'Ial and workmtttship
employed in lire coast uo0on, rcconstruclion, use, mctimunultco, operation, to Irs, and Installullou ol'thv C.'rnssing shall'he
subject Io the approval of Llcrosor's ChM'E ngkncor, Ili ony+rvcm, limover, sold Crossing, if aerial, shall clear the roils afro:}' Uta( k
of Hevnsoral least thirty (3U'} fact, and no pales shall be placed nvarer than fiflovra W') fool to the Ina In Icoek orally side track 11w
Crossing over any track sltnll by as nearly its possible tit rigld angles, U'said :Tossing Is burled, It shall he placed In it com'uh where
the top of the condull is ill b:mt five and One•hall•(5!12') feel hotteat11 base or roll,
2 Prewrit Occupants: To quake appropriate arrartgomews with nay person or legal onlily occu tyhtg the premises
affected hereby pursuant to a tense or olhor pormisslon grunted by I,iccusur, so l pit Liconsce'sNil Id Crossingwilil 1101111) ISannhly
Interfere with the use of the subject properly, or create unduo hardship 0u tho person or legal entity occupying the pre ntis(•~,
3, Llabllityl Licensor shall 1101 be liable foranyttamagetostad Crussingorllie contents Ihureof,howsoover suchdtnnage
shall he caused, whether by the negligence of Liccasor, its agents, employees or otherwise.
Licensee ttssunie's the risk ol', and shall proleel, indemnify and hold harmless Licensor from sad against till Ilubilky l'oror
on account of injury to or de+tlh of any and till persons or (lit nwgo Io properly, Including IivosIock killed or IrIj ured, IcsIt lling front
or Incidem to Ilie construction, nulinicnuncc, rise, opcraOwl, rokocation, remistract!oil or exislonooof sit kd Crossltgon L(ceosor:i
promises, or the removal thereof, from said premises, or to the reslornlion of or failure to rosloro said promise,, to their prior ul
other condition as it erelit provided, tvltolher such IoJury, death, or daitIage shall he loused or conlrlbutcd to h~ the negligence of
Licortsur, its agents, employees or otherwise, and Liewisec will prolect, iodeninify will hold harntlass Llceus.lr and any ud;crs
legally using its right of way, from all clairns, denumds, suits or tictioiisgr0+viiigout of anysuch loss, injury arc`.unuands, ineludiag
lavesligation costs, court costs, and aliormoy's fees resulling in or in any ntcutner arising I runt the risks herein nsstmncd by I.icvwwe,
Licunwo further agtces to hnmcdiowly investigate any such claims, donvinds, or suits and Shall del'und, settle and/ur ulhrrwise
disposo of the salnc tit its sole oust and expanse. hi the even) Licensee setlles tiny such claims, deluands, or suits, it Shull obtaill a
release which Includes Licensor.
Licei:scc shill not have or make against Licensor any chitin or delliand for or oil account of ally damage Licuusee 111a}
suffer oi' sltsluin because of [lily failure of Licemsur's title to [lie right of way and lands occupied by sand Crossing or any pars
Ihcruol',
4, Wulven To waive till righl to question the validity of Ibis License orally ofthe terms or provisions hvi-vol', or the ril,ha
ur power of Licensor to execule and enforce the same,
AR'I'ICI•I: Ill,
II is mutuallyiagrced by and between the parties, as follows:
L(a) Repairs and Reloculiom Hcoasec will lit till tittles malltain the Crossing lit it safe and securo manner, and in a
condition satisfactory to 1,1ccnsor. Licensor may request Licensee to chango the localloll ul'11luCrossing, orurty part Ificroof, or a„
make relisonable ropah's its in tho judgemew of Licensor shill he deemed necessary to avoid iutcrferoitce with ur(iungcr In thr use
or operation of Liceason°s railroad, or.atly of lis promsl oe future appurtontutccs, or lelegraph, telephone, slgnul or other Ihivs on
Liconsor's right orway, and in theevcot it li found neccssur>y for I•icunsor lu use Its ondre right of way, orally portlon of kt occupied
by lho Crossutg, Licensoo shallot Its sole o.eponse, and within thirty (311)d[iys after nollec so lodo, (or lipom shurler notice in cure o l'
cnicrguncy), rcnnove said Crossing, or as much of Iite Crossing its is located upon that portion of late right of any s0 acquired hY
Licensor,
(b) If Ucensce shall fill] to porrornt any of its obligations contained im lhls agreement to the maintenance of safe
condkllons Inand about sald C'rossingornslo thcpr0loctiom ufwires fronlclcctricul kmlerfercncc utt Liuensor's pruportyorlu make
any necessary ropairs, or'lo rclocalc sold Crossing, then LIcclisor 1110y cause such condition to he
nttado sole, urchnngc ul'luc;Ilion
to be 'nlude, or ropairs to be made, or Crossing to he removed from Licensor's properly, Llconsor acting its Ilse agent of Licensee,
arid may perform such work its is necessary in the judgement of Licensor, and Licensee shall, oil demand, prompl)y rchuhurse
1.1misor the whole cost thereof, plus toil I f10%) pct, cool thereon its it charge for supervision, accounting, and use of tools; (itLicensor may lernilaate this License
by giving to Licensee not less Ilan Ica ( 10) days' advance written nonce of its intention so to
do.
. 2, 'I ermhuillunt 1.Icenmr may terming to Inks License upon toll (10) days' written notice if Licensee fails to keep any oI
Licensee's covcnunls heroln contalned, or if the rlghl of way is re(luircd for other purposes by Licensor, and no rekmhursoment
shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration pull for this Liecase. No
lorutinallonorexpiruliun shu)luffect the rightsuud Ilabilldes, ifany, oflheparlieshcreto lheltexisting.
3, Restoration: Upon file termination of Ills agreement, whemcr in accordance with [lie provisions of I'aragniph I or
Artlc(e 1, or I'arrigraph 2 or 4 of Article III, or otherwise, Licensee shall promptly remove said Crossing from Licensor's right ill
way; and restole'sitid,rigIll of wiry to its Prior condition, or to it condition satisfactory to Licensor, If Licensee shall fail to relnom
said Crossing within thirtyy (30) days it ,or the termination of this agreement, Licensor may remove the same, and elarge the
expense therefor to the 1,ieensee on the basis provided in Parngianh I(b) (it' Article 111,
A. A9he011ancuusl (11) i'his I.ict:usv (ln(I 1111 ul' Ihr provisions h0roin cnntnined skull hu hiatling upon the par116N hereto, +t
Ih:ir Will, exceulors, administrators, sUCevssors and nssiyns, tllhd Liceawe, opi'm to supply nolicu in wrldrig to Iican4nru!'nny
nauwuhiingvs, I,lc0nsNOPIce11101101INAgn (his IJcelise orany inturust ih6rVIII. tahhuttt Iheeo1IsQnl ofHeensorltl will ing,1110 ally
and uvuly such I11WnlE1leq uvsignnumt without such prior tvriltvli conwilt shllll h0 void gild of ao effect. III 1}le even) of tiny
asslg11 111 0 11 1, (.Icunscc 41}11.11 tit nU limcs r(jamia frilly rusponsihIc and liable fur the paynlont of Uw rental, It'll nv,1101.61) spec!, led it ad
for Illo con11111aar.e (11' till of il,~ other ohligaliotis un(I6r the lernls, provisions, told Covelimils of Iltis License,
(h) I Il (liv even) real is I,;0%I amimilly, 1.1vullsor expressly rvserv" 111V !'Ighl to increase 1116 tlhowIvlltal 111(6 oil till)'vvill'11'
imikersitry (halo of I bis hvellw by giving I.ic011soe tldrly (311) days' wrilml notice, ).iconsor may increaso the reaial by Ih6
lvrcenlage Ihlll th,, t'orsurn6r I'rice Index has increased, puhlklied by the Ueparlmem of Labor, since the Ius1 r6ol11i
~acrease purlotl, or the last lianiversury dale hereof.
(c) The persollill pronouns used horeb) os referring to Lictmw 411111 be undursloud so to refer to I.1vensc6 whelhcr
Lleens0c he 11 nt1(ural person, a purttlership, or n corporation, or any combimidon thereof.
(d) Any nolicu herein rctlIuired to he given by hevusor to I icensee shall he deemed properly given ll'served upon or
delivered to Llwisec or Iris uulhorixed agent, or ifposted Oil or if walled, poslpuld, address6(1 lo I.ieensc6 at his last
known phlcc of business.,
(c) No oral promises, oral agrecm0nls, or oral warramics shall he decmvd n p11rl of (his f,iccusv, nor shall u) ' 11craliuu,
tuu0ndrnen(, sapplemcnl, or waiver ofony of (lic provisions of(his license by hindhtg upon vitb0r party h0re( unless file
sumo bo supplemented, oltured, changed, or anlvadod by all inso'kimenl in writing, signed byLlceasorm iLiceuxec,
(I) This license does not become bindlall upon Licensor until executed by LteOnsor's vice•prosidew.
IN WITNESS \Y11H21i01', the parties hereto have eseculed this ngreeiiwilasofthedoymld)'curl'irslahnvctrrin~n,
NIISS0I)RI.KANSAS•J' iXAS I2All.l2OA1) C0A1!'ANY
Ily
Vice-I'reslduriG~
CITY OF DENTON, TEXAS
f
By
Tillr _ Ma ol"
Address; Munioipal Building
Denton, TX 76201
Pile. T-18753-B ..3.
~I
f S
i
R E 0 IU _T Z ~0 N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASs
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton, Texas, a Pipe Line License
Agreement dated k7uly It 1982, between the City of Denton and the
Missouri-Kansas-Texaa Railroad company relating to the
oonstruction, reconstruction, use, maintenance repairing and
installation of one.ae'rial electric distribution line containing
a maximum of 13,2 KV, across or along the right of way of
Licensor at or near Mile Post K-723.96 in Denton County, Texas,
being DOT No. 414 684 V.
PASSED AND APPROVED this the day of July, 1982.
I ARD 0 STEWA T, MAY
CI OF D NTON, TEXAS
ATTEST=
CHA OTT ' ALLEN, CrTY SLC TARY
CITY OF bENTONI TEXAS
APPROVED AS TO LEGAL f'ORMs
C. is TAYLOR, J'R., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYs r.
f111SSOUltI•Kr1NtiAS l'G SAS IZMLROAD COMPANY
FICAL FSTATF AND INDUSTHW. Dr VFLOPNIr'N'Y DEPARTMENT
?01 CONWEACF SifiEGt
VIVIAN RQS%tTTI DALLAS,TFXAS 75?02
Right of tyaY Conlr.)CII Managei 1214) 651.6163
August 2, 1982 Pilot T-1.8753-B
Mr, Greg Edwards
City Engineer
City of Denton, TX
Municipal Bldg,
Denton, TX 76201
Re: Power Line License No. 34785 covering
one 13,2 KV aerial distribution line
at M,P. X-723.96 near Denton, TX
Dear Mr. Edwarde)
Enclosed is your executed copy of the above described agreement which
has now been signed by a vice-president of the Railroad.
Should you have oooasion to correspond with us in connection with this
agreement, please refer to the file and contract numbers shown above.
Yours very truly,
Vivian R6ssetti
act W. I,. Newton, Rd. Master
Enclosure
;RECEIVED
of Denton
)if lip V Oft Deg
A u G 3 JW,
138180
,
key I ~r
POWER LINE LICENSE 34785 THIS AQREVNIENT No..-made this Ist --day of ____!1ulY 19 82
between the MISSOURI•KANSAS.TEXAS RAII.90AD COMPANY, hereinafter culled "Licensor and
CIIX oE` DENT01l, TEXAS
hereinafter culled "Licensee".
W ITNESSI1TNt
ARTICLE: I,
1. T_ermt This agreement shall take affect the date hereof, and unless sooner termi-
nated as provided herein, shall continue in force so long as used for the purpose herein
set out for a period of tan (10) years, or until terminated by either party giving the
other party not less than thirty (30) days' advance notice in writing of an intention to
terminate the same, the agreement to terminate upon the expiration of such term or notice,
whichaver occurs first. Licensee is hereby given a renewal option at a price and term to
be negotiated no sooner than 120 days or less than 30 days prior to tba expiration of this
term. In the event the amount of renegotiated rental is not agreed t, in writing by both
parties, prior to thc. expiration of the term of this license, this license shall automati-
cally terminate without notice, effective the last day of the expiring term.
2, Cmtsiderallon and 1)escrlptlom In considerntiou of SEVEN }IUNDRED AND NO/100----------- »
_ __r t~~22~40 001-LAR1
receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license
and permission to Licensee to construct, reconstruct, use, maintain, repair and lnstall.Sne aerial
electrical distribution line contuluing a maximum of 13.2 KV
situated on, across or along Licensor's property at or near Denton in the County of- - Denton
and Stu to of - Te349q For convenience, the said power line with all towers, poles, wires and appurtenances
Insofar as they relaw lu sald power line upon said right of way is herein called "Crossing", The location of said Crossing Is more
particularly described as follows;
Said 13.2 KV dist'ribution line crosses said
Railroad Company's premises at an angle of
78 degrees, more ov legs, measured to the
left, westerly from the centerline of said
Railroad Company's Denison Subdivision main
track at Milo Post K-723.960 being main track
valuation chaining station 1801+87.8, distant'
130 feet:, more or less, measured northwesterly
along the centerline of said main track from
the centerline of 'Loop 288 overgrade Crossing
(DOT No, 414 684 V). Said line is not within
the limits of a public crossing.
Y',.
ANTIO 6 V 11, ,
l.iccusee undcruikes turd ug t'-cs; ~
Specifleationsi All crossings shall be constructed, roc otystructed, used, mu{ntuinvd, orrertated, repaired and Inslulie(1 in
strict accordance with the spacil'ications I'ar the limo current of the Nutiunuk GlectrlculSufctyCoile--l'url2,"Sufoty Rulesforthe
1nslullu11011 and Mulnlenpuc:e of lileetrie Supply and Communication lines", provided that ail uuuerial and worknmuship
employed in the construction, reconstraetioa, use, maintenuncc', operutton, repairs, and installation of the Crossing slall'he
subject to theapprovalof lJcensor'sCldeff?nglnenr In any event, however, mild Crimsing, Ifacrial, shall clear the rails oCony track
of Llcensorat load thirty (30') Not, land no poles shall bo placed nearertlmn filleen (1 'Mot to the main truck oranyside track The
Crossing over any Iroek shall be as nearly its possible at right angles, It'sidd Crossingis buried, it shall bo placed in a conduit where
the top of the conduit is at least five and one•htill'OW) feet beneath burp of rail,
2. Present Occmpanls; To make appropriate arrangements with tiny porsun or togal entity occupying the prcmisas
afl'ectcd hereby pursuant to it lease or other permission grunted by Liconsor, so that Licensee's said Crossii%will not unreasonably
interfere with the use of the subject property, or create undue hardship on the person or legal entity occupying the premise,.
3, 11,Iabllllya Licensor shall not be liable for any dainuge to snid C'rossingor the contents thereof, howsouversuch damage
shall he caused, whether by the negligence of Licensor, Its ugents, employees or otherwise.
Licensee assumos the risk of, and shall protect, indemnify nod hold hurnnloss Licensor from and against till liability l'(or ur
or ~couat of injury to or death of any and all persons or damage to properly, including livestock killed or injured, resulting from
or incident to the construction, maintenance, use, operation, rciocutfon, reconstruction orexistenco ofsald Crossing on LIceusor's
promises, or the removal thereof, from said prennises, or to the restoration of or failure; to restore said premises to their prior or
other condition as herein provided, whether such Injury, duallt, or domugo shtill be caused or contributed to by the negligence of
i,icenSOr, Its agents, employees or otherwise, and Liconsee will protect, indemnify and hold hurm less Licensor and any othcr.e
legally using Its right of wily. from all claims, demands, suits or actions growing out of any such loss, Injury or demands, including
Investigation costs, court costs, and attorney's fees resulting in or In any manner urlslag from the risks herein assumed by I.Iccnsce.
l,tcenseo furlher agrees to immediately investigate any such claims, demands, or suits nn(i sliuli defend, setae and/or ollarwisc
dispose of the sane tit its We cost and exponsc. In the event LIcenseu setlles tiny sueh claims, demands, or suits, it shah obtain it
release which includes Licensor,
}
suffer or Sastnnin bectittse(ol?rmy' falhiarekuf aiiceinso'sctitlertaopthe rightool' wilyiandohindsroccupiedlbyl
sit d Crosuing imrtuny pail
theteor,
4, Wolvera'fo wake all ' tghl to question the validity of this 1.Icenso orany ofthe terms or provisions hereof, or the right
or power of licensor to ex;cul" a,nd enforce tie simile,
AR'1'1Cl E' Ill,
It is mutuull; ugreed by and between the parties, its follows;
..I (a?. Repolrs.and Relocudom Llconseo will al all times maintain the Crossing in it safe and secure manner, and in it
condition suusfimorytoLicensnr,l.icensorma rcqucstLicensee to chit ngellie locationoftheC'rossing,or tiny pnrlthercot',or tu
make romoriblo repulrs as in tho judgernont of Licensor shall he deemed necessary toavoid intyrl'erence with ordunger In the use
or oporalloa of Licensor's railroad, or any of its present or future appurtenuncus, or telegraph, telephone, signal or other lines use
Licensor's right of way, arid in the event it Is found nucessur'>' for licensor to list, ilsunlire right of way, orany portion tit' 11 occupied
by the Crossing, Liconscc shall tat Itssole expanse, and within thirty (3n)days alter notice so to do, (or upon shorter notice in ruse of
emergency), remove said Crossing, or us much of the Crossing ns Is loetited upon thin portion 01'1110 right orwayso required by
Licensor,
(b) II' licensee shill fail to purrorm tiny of its obligntions contained In this agreement to the malnenooce of sale
conditions hi and about said C'rossingorns to the protection of wires from electrical talerference on Licensee's property or to nmkc
any nocessmy repairs, or to relocate said Crossing, then Licensor may such condition to be anode soli;, orchunge ollocatiun
to he'miade, or repairs to be made, or Crossing to be removed from I,ican's,) property, Licensor acting us the agent tit' Lleens0e,
,ind may perform such work as is necessary ill the judgement ul' Licensor, Ind Licensee shall, on demand, promptly reimhun w
1,1ccnsor tin whole cost thereof, plus ten ( Itl"l(,) per cent Owreon its it churge for supervision, accounting, and use of Iouls; or
Licensor may lernillinic this I,Iecnse by giving to Licensee not less than (cm (10) days'tulvance written notice of its intention so to
do.
2, '1'ermhiatlon:'Llcotimor may lerminulc this License upon ten (10) duys•' written notice Il Licensee fails to keep any of
Licensee's covenants 110ruin contained, or il' Ile right ill' way is regltired for other purposes by 11consor, and tit) reimburseneat.
shall be made For Licensee's expenses Incurred !it the reutovol of this crossing or Ile consideration paid for this License, No
tcrminnlion orex pirution shaflatl'ect the rightsaud liabilities, ifany, ul'lhe partieshcreto then existing.
3, R,csi ru,fioant Upon the lorm ination of this agreement, ca hcth0r in accordance with the provisions ul' Paragrsplo 6 of
Article 1, oe R,t TaStaph 2 or 4 ol'Article 111, or otherwise, Licuusce s11all prumplly renu>vu said C'russing from Licensior's r.ighl'ol
tw~,uy, vied restore sold rigli of wily to 6 prior condition, or to it condition satisfactory to Licensor. Lieopseeshtill flail to rcohr,0
3!i'id Cro.~sing willilo thirty (31)) days it 'ler the tcrmimtion of this ugrcenenl, Licensor nosy remove tli(k-sanne, and ehur othe
expems1: therclur to the Licensee on the husis provided iI !'uragruph I(h) of Article III, b
-2-
4, 1111+ctlluneultsl (u) •l his Occnso told 4111 of the proviswas hemwo vontahwd shall ho 6lnding upon the
purtl~s heP4to,
IheIr heirs, executors, udminlstmiors, Nmccessors and assigns, and I,tonsee agrevs to supply tintlev In wilting to l,lcensorul'ttu►
411 it
nunte vIloopes, I.Icuttsee nttrces, noI toll ssign this I,Icense or a ny ( nlerosl thvrein, without the cuusanl ui' Licens(>r in twilling, and any
for ecersuch atlvnt~r tcd uNSib+nrnunt without such prior written consent shill he void and of no vl'lect. In the v~rnt lid
d
o(IIQlicensee1'1111 limey:rontuinI'ultyresppnsihluend{iablufurthepuymunlul'tlwrcntul,ifuny,heroinspucp'iuda
forr tlw Compliance of 4111 of oil of its other obligations under the terms, provisions, and munnnts of this lAmmu,
(h) In the even( runt Is paid annually, I.1canNorexprmly rasurves the dphl iolncrmo the ahoverental roleonunyveurk
anniversary date of this licaose by giving I.ievllsvv IhImy(111) days' wHIwn notlva, Licensor rally inercuse the reatulhy tlly
ppomenwge that the Consumer I'rieu tndax has Increased, pahliNIMI by the Department of Labor, since t1ty lust rental
I amuse period, or the last anniversary date hereof,
(c) The personal pronouns used hervln nN ruferdng to I.icensea NMI be understood No to rvfur to Livensuc Mohler
Licensee be a natural person, a parUtership, or a corporation, or any combination Nscreof.
(d) Any notice huruin required to be given by Idcunsor to 1,icensue shill he deemed properly Iven if moved upon or
delivered to Licensee or his uuthorized agent, or it' posted on or if mailed, postpaid, uddressed to Licerinv ut his lank
known place of business,
(v) No oral promises, oral ugreemcnls, or oral warranties shall be dcenncd it part of this License, nor shall uny alterutiun,
amendmvut, supplumen4 or waiver pf any oft he provisions WON license be binding upon either party hvruto unless the
sumo be supplemented, altered, chunged, or umundcd by all instrument in writing, signed byLicunsorund lA wnu;c,
(11 This I,icensu does not become binding upon Licensor until executed by Licensor's vice-president,
IN WI'I'Nk.SS WIIRRECMq the parties hereto have executed 1116opmwn- ntasofthedayundyearfirstaboveM IMI.
MISSOURI-KANSAS-TEXAS RAILROAI) Ct)KIPA,NY
Hy t
--/1 /
Vtcv-"Presitent -•--V._..
CITY OF DENTON) TEXAS
Hy
'T'itle _ Mayor
Address; Municipal Building
Denton, TX 76201
r,
!"rlc;"18753-B
n ' N ►
1
R 4 S 0 L C7 x I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CZT'Y OF DENTON, TEXASt
The Mayor is hereby authorized and directed to execute on
behalf of the City of Denton? Texas, a Pipe Line License
Agreement dated July 1, 1982, between the City of Denton and the
Missouri,-Kansas-Texaa Railroad Company relating to the
construction, reconstruction, use, maintenance repairing and
installation of one.aerial electric distribution line containing
a maximum of 13.2 KV, across or along the right of way of
Licensor at or near Mile Post X-723.96 in Denton County, Texas,
being DOT No. 414 684 V.
PASSED AND APPROVED this the t~ day of July, 1982,
*XARD 0 STEWA4tT, MAYO
D NTON, TEXAS
ATTEST:
400TTT AL E C
T
CITY OF DENTON$ Ti=S
APPROVED) AS TO LEGAL FORM t
Co J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
d
BY.
ns '
~r
1 I /
i ~ 1 ♦1
CITYOf DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8100
N E M 0 R A N D U M
710= Charlotte Allen, City Secretary
FROM. Gay Racina Senior Secretary of Utilities
DAM s August 5, 982
REt JSW-Pipe Linet Denton, 'T'exas
City of Denton
150 to 1650' South of MP 212
Pleaee file the aforementioned information with the official records
of the City of Denton.
Regards
e
4Raay c i a
Senior Secretary of Utilities
GR/pjd r
eel File
1066U
8/5/82
m
1 ~ Y 1
1 MISSOURT PACIFIC RAILROAD Ciot
t34113t5 AI,UINIi+1Yi;H'Ci''Uiln ltP,
N,1). plt,pPltl~ D~
SPRIN0, 7) "WAS 7713770
TEL. ANEA CODE 713
l.. H, MILLER
OENERAI. MANAGER G. R.
OISTRICT ENOR!YER
8. a, KERLRE July 2, 1982 950.7610
ASSISTANT GENERAL MANAGER D HOPE
P. L, TUCKER MCCHARICALSUPENINTENDENT
OENERAL SOPSRINTENDENT 35017659
95a7501
O. E. KNOX
ASSISTANT TO GENERAL MANAGER
LANDI LEASE ANDCONVRACTS
Mr, R. C. Nelson 35017520
City f Denton
Municipal Building
Denton, Texas 76201
JSW- Pipe Linei DFNTON, TFXAS
City of Denton
150' to 1650' South of MP 212
Dear Mr, Nelsont
Herewith your original of Pipe Line License dated April 19, 19820
covering crossing of our right of way between Mile Post 212,05 and 'tile Pont
212,33, Denton County, Texas, near Denton.
Yours very truly,
a
/drL
Attachment
I
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3/71
PIPE LINN' L CENSFl
THIS AORE'EM MT, axoouted in duplicate , this 1911 day of April. 1982
by and betwoon MTSSOURT pACIrIC RAILROAD COMPANY
U Delaware corporation, hereinafter called "Carriers', to be addressed at ~
210 North 13th Street; St. Louis, Missouri 63103, and CITY Or D='ON, TEXAS
"Licensee") , a municipal corporation,
hereinafter called to be addressed at 215 E. McKinney, Denton, 'T'exas 76201
, W RNLSSETH:
R S C I T A L St
Licensee has requested of Carrier license and permission to install,
keep, maintain, use and romove,for the purpose of conveying sanitary
sewage , its proposed pipe line , 24 inches in diam-
eter, on, along, across and beneath the surface of oertain of Carrier's
right of way lands at or near Denton Denton County, Texas ,
to which Carrier is agreeable but solely upon the tenEis and conditions
hereinafter set forth.
NOW, THN",RMHEp in consideratlon of the promises and of the covenants and agreements
hereinafter contained, it is agree-di
1, Carrier hereby grants, solely to the extent of its right, title and interest,
and Licensee hereby accepts license and permission to install, klsep, maintain, use, repair,
renew and ultimately remove its one certain continuous line of cast iron
pipe, 24 inches in diameter, and appurtenances, hereinafter called "pipe Line",
for the purpose of conveying sanitary sewage at a maximum pressure of
0 pounds per square inch, on, along, across and beneath the surface of certain of
Carrier's right of way lands, as well as crossing beneath Carrier's hereinafter col-
leotively called "Premises", situated between Engineer's Chaining St ion 1119610
(Mile Post 212:05 ) and Engineer's Chaining Station 11211+10 (Mile Post212,33
1XXftxU"XXXXXXXYXXXX ;XXXXXXXXxlxrm; XXXXXXXXXXXX;cXXYAX XXXX)CXY, UCXX in
Denton County NRXknXIM S, Texas , at or near Urnton ,
The license and permission hereinabMnted to Licensee are subject and subovdi. -
nate, however, to the rights in Carrier, its successors and assigns, its lessees and
licensees, to construct, reconstruct, operate, use, maintain, repair and renew on, beneath
or above Premises any telephone, telegraph, power and signal lines and poles) traosks,
roadways, pipe lines and facilities of similar or different character as are now or in
the future may be located on, beneath or above any of Premises.
The license and permission herein granted (a) are limited to such title and. rights
as the Carrier may have in the Premises concerned, and the Licensee shall secure such
permission as may be necessary on account of any other existing rights (including, without
limitation) rights of tonants, subtenants, licensees and others occupying or using the
Premises concerned with Carrier's permission) and (bj are granted without any warranty,
express or implied. Licensee hereby, agrees to exercise the herein-granted rights in such
a manner as not to interfere in any way with any existing prior rights. No damages shall
be rer..overable from Carrier because of any dispossession of Licensee or because of any
failure of) defect in, or extinction of Carrier's title.
2. Licensee shall pay and Carrier shall accept the sum of $ 5,000.00 as a
one-time fee{ yr}@4XX~{}Fi`t3t15Z#iti47Q4X3{}gq}gtxT{tt~{b~tl{}}Ex{}~{}}1X
I ll
!1 f I tl 71•j f,l:~ ..l + ti 1 f.'I. lli r~i r rri llill~ .
rill rtOi i I Jf1 ~iiilt i ~ '.r f IJL 1 r11)~.
1• t? I4r, l51t1 t Y~i ii fl)fl)~ r I(iI)I..
l~l(J.,.) IX)gr .l ~rl,l?lltrl :ilfr,
'J V r' 1 I T:P1lrt 11 s , F 1,00 1< 1',11U 1 lllt{1rl , (7§.
`I E: .11r•
1 i(I 1111,1 1,1, 1 , ,
~ a r I'I!)V 1) 11,<i
1"[ Isl Sri, 9/, r
Ih! VliliI'tr 1 VI
I~_i~,r,, n I I q I 1hl.f l , `(;t,q rs,f .
a~lilt~7. 1. ~,.I,,ft r,Er r l1
~ r ~ a ~~fI~1111iGr ) f~''1°' IurT1_ `t(11'rVlr r, i ,
1 L N h,
X=X`CWXW)JXXXXXXXXXXXXXXXJY" XJy ys{} {XyyXy X for the privilege granted herein. tai x
~ > rl c ~ + ~ #,UW XUYAAwiita "(YXp>~Xwy'* NX XaV,,XIdXYfX
W xa.~ryax~adc>xx~ a~dt~Tllc~x~~x~acx~rx~~~~
3. The approximate location of 111pe Line is shorn) it, heavy blue
u Carrier's 'T'exas District', white print dated February 24, 1982 '
xxx,a21uX{ xxxxxXXXXXXXXXXXXXXXXXX4xgauxmXXXXXXXXXXXXXXXXXXXXXX} prepared in Office
of District M)gineer, Spring Texas
marked Exhibit "A", attached hereto as part hereof, Licen>;ee wall install and construct
Pipe Line in accordance with the plans and details shown on said L7chIbit "A".
Pipe Line olial). nsist of the following items located on Promises:
Approximately 1,500 feet of 24-inch cast iron pipe located along Carrier's southerly
property line approximately five feet northerly thereof betwoen Chainage Station 11196+10
and Chainage Station 11211+10, plus one under track crossing at Chainage Station 11222+741
If so requested by Carrier, Licensee shall submit to Carrier all plane and speci-
fications with respect to any work to be performed hereunder, which shall be subject to
Carrier's approval. No provision of this or any other paragraph hereof, nor approval
by Carrier of any of Licensee's plans, as provided herein or elsewhore in this agree-
ment~ or of Licensee's undertakinge, shall relieve Licensee of any responsibility or
liability. Carrier shall have the right to perform) at the expense of Licensee, any
part of the work which, in Carrier's ,judgment, is deemed necessary a) for the better
safety of Carriers property, traffic, employees and patrons, or (b) to avoid labor
disputes which may adversely affect Carrier.
4. Licensee shall at all times keep Pipe Line in good state of repair. All work
by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee
shall furnish or do, at Licensee's own cost and responsibility, any and all, things and
when and as from time to timo required to accomplish whatsoever the Licensee attempts
or 18 bound to do at any time hereunder. Licensee, at its sole cost, shall adjust ripe
tine to env physical change as made at any time in any of Carrier' operty; at all
times keeping upper surface of Pipe Line at least five and one-half
feet below bottom of rail thereover, and at least three feet ben face of ground
beyond ballast section. Licensee shall cause Pipe Line, before used for anything
inflammable, to conform substantially to the requirements shown on Carrier's Standard
Form No. 24002, marked &hibit "I3"9 attached hereto as part hereof. Said things,
Including the time and manner of doing any work, each shall conform to the requirements
of Carrier as well as of any State, federal or Municipal authority. Carrier may, aact-
ing Licensee,
g
furn5 i.
h or do a
, and Licensee shall pay and bear the cost c;f, anything
which) herein required of Licensee at any time, either shall not be furnished or done
within 30 'days following Carrier's written request therefor or shall be undertaken by
Carrier at Licensee's request; and Licensee on request shall in advance deposit with
Carrier `the estimated cost thereof. If deposit be less than actual cost, Licensee shall
pay the difference; if more, Carrier shall repay difference. Payments hereunder shall
be made by Licensee within twenty days following receipt of bill. Licensee shall pay
cost to Carrier for ail labor, including wages of foremen, plus 10%i to cover supervision
and accounting) plus vacation allowances, paid holidays and health and welfare benefit
payments applicable to said labor, Carrier's cost price of all materials f.o.b. Car-
rier s rails, plus 10% to cover handling and accounting, plus freight at tariff to point
2.
2
U,
A Pf %t7ri 1i1'~i4C1• h;~il5if ; Y' J, l ~?1 ~ s a'r+;'ii3;'~~%:~ h rn~}{'1/y~;~~ i; ~ ~In~ r~i,; N, ; ~!lt Ei i rf'G:~
7{'~~~Ck,IIR'~}Nitil4'~iti'~1;;kkxX1CAZnK1(r~~~zi~Ch~~J~~1.I12~r;.dl~,9:k~;?k~r~fifirei:~~t, ?It..f~id'Clh,; +1~,un~,ryf ~rt,'~;~ia~i1• :~;~~,.~K~~;
1 r: 1
~i 1 } tft' t! 1
RA Y 1 r, i Y•
.a. .+ti~~M+1++++.~iNljwwi+nik.........en«+i~ut.r'».nW~M~..,, w4'.rnvlkrJ rtRnwr..w..rK:.,w .r. ,a~iM5M1w~~Y~1~''
,
7/Ge3
of use, Enid exr.iso t&X08 applicable to Said labor and materials. Carrier may coo
neet with and discharge sewage Into Pipe Line while serving as sewer.
No facilities shall be erected or installed, and iNo materials shored or
placed, or equipment operat.nd, nor shall any person acting fox, Licensee's account
be poxvA tted to be, closer than ten feet (measured horizontally on the ground)
from the nearest rail. No facilities shall be attached to or placed upon any of
Carrier's buildings, structures or improvements. Licensee shall not cross Carrier's
tracks witY4 heavy equipment except at public road crossings, or at such locations
and on such terms and conditions as Carrier may specifically approve.
Licensee shall require any of its contractors and subcontractors to observe
and conform to the conditions and requirements specified herein; and for the pur-
poses of th,a safety, protective; and indemnification provisions hereof, Stich
contractors and subcontractors, their agents, servants and employees, and other
persons on the Carrier's Promises at the invitation of the Licensee, its contrae-
tors or subcontractore, shall be deemed the agents or employees of the Licensee.
Licensee shall install and at all times keep and maintain Pipe Line in a safe
condition, so that same shall not interfere with, impair, endanger, or prevent the
safe and continuous use and operation of the railroad and property of Carrier, and
shall in any event upon notice in writing from the Carrier promptly maintain, repair,
remove, strengthen or adjust Pipe Line, or any part thereof,
Pipe Line shall, where possible, be installed by boring or ,jacking.
Where any work in connection with Pipe Line involves excavation, trenching
or boring, plans therefor (including details for protecting Carrier's operations)
shall be submitted to Carrier fox, advance approval, and special care shall be taken
by Licensee to protF,ct Carrier's property and operations and in baokfilling and
securely and soundly tamping suitable earth or fill to prevent washouts, under-
mining or other damage to Carrier's roadbeds, tracks and appurtenances thereon,
Promptly following performance of any work under this agreement, Licensee
shall do all things necessary to restore Premises and any property thereon to an
adequate and proper condition in accordance with
good engineering
practices.
Licensee shall, except in emergencies, give not less than 48 hours' written
notice to Carrier of the day and hour it proposes to undertake any construction or
maintenance work (other than minor day-today maintenance or inspections), and in
the event of emergency Shall exert all effort to notify Carrier with utmost prompt-
ness. Licensee shP11 maintain close contact and liaison with Carrier's representative
as to the time and manner of performing work on or about Carrier's tracks and prop-
erty no as to minimize interference with Carrier's property, traffic and operations,
Licensee shall suspeM construction or repair operations at the direction of the
Carrier when deemed necessary to protect Carrier's property and traffic.
5• Ir and when from time to time and during such times as Licensee's or its
contractor's operations are of such a nature as to create hazards to operations of
Carrier's engines, cars, irbins and employees on and along Carrier's main or other
tr&nks, the Carrier is hereby granted authority and permission, at Licensee's sole
cost, risk and responsibility, to provide such number of flagmen or watchmen or
3_
i
110 r1' ,.l.rA.Sfl ll~l. J { til y ll,t,L' lfG I.Yi
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I y ,IIf 'i IJfI
1ai;~ly~lJQ lyF ll4J~`'tt"rf'
Qa J1Sa3? 57111 ~''f,~XG.I ;(3 .I'CIY(, 47 }Ibbj•~Uup 1• J'> I'(( f1'111I~1 •Y1l!i l,.I {^(37••'47 n•
Coop
(
I
I I ti',.
14Y+~YWNdM".RQi?~41~tFVh~~19Ny4;n1M.'¢~iq1'?,+t(M!'F~1T?tiww.c,.a`n.xgp~nlwnn+,wt~mM1i!Yk'/1iCAM%~(i1P►.AN,N'lPMII'MtY'0• 4411
other protective services, devices of shred-ures, such as .falseworlc o>. shoring,
and to make such alterations or ad,justmenGs in,[ts traoks oi• other facilitios
and in the facilities of others on or near prerniseei, as fil t11e opiniun of Car•
rier's Superintendent may be required to protect agains tell Hazards.
6. Licensee hereby agrees to reimburse Carrier for any cost incurrc4
by Carrier of relocating any signal or' telegraph or other cotmnuuicaLion wire
and pole lines mach necessary by the installation of Pape Line, and for the
repair or replacement of any of Carrier's or any third party's other and dif-
ferent facilities damaged or destroyed or lost by reason of the performance
of any undertaking or the exercise of any of the rights herein granted.
7. The Carrier shall not be responsible for damage to property or
injuries to persons which may arise from or be incident to Licensee's exer-
cise of any permission granted herein.
Licensee further agrees to release, defend, indemnify and hold harmless
the Carrier from and against all costs, expenses, claims, liability arising
from (a) breach of any covenant herein by Licensee, or (b) damage to or destrue-
tion of property owned by or in the care, custody or eontrol of the Carrier, or
(c) liability of the Carrier for (i) bodily injury to or death of its employees
or third persons, and (ii) damage to or destruction of property of third per-
sons, in any manner caused by, arising from, or in connection with the construction,
installation, operation, maintenance, repair, use, presence or removal )f the
Pipe Line on, along, across and beneath Carrier's Premises, whether caused or
contributed to by any act, omission or negligence of the Carrier, or o",herwise;
as well as (d) liability of the Carrier, howsoever caused and irrespective of
whether caused solely or in part by an act, omission or negligence of the Car-
rier or condition or state of repair of its property and right of way, (i) for
bodily injury to or death of agents, servants, employees or invitees of the
Licensee or of its contractors while on, about, or adjacent to the right of
( way cf the Carrier for any purpose related 'to the Pipe Line, (ii) for damage
to or destruction of property of or in the care, custody or control of the
Licensee and its contractors, subcontractors or invitees, or their respective
agents, servants and employees, while on, about or adjacent to the right of
way of the Carrier for any purpose related to the Pipe Line, or (iii.) arising
from damage or deterioration to, leakage from, or interruption of, the Pipe
Line or its contents. It is the intention hereof to cover all hazards and
exposure of the Carrier by reason of or in connection with the Pipe Line, and
to :fully protect the Carrier from and against all damages, losses, expenses,
claims, costs and liability it would not have suffered, sustained or incurred
but for the 'permission herein granted or the installation, operation, main-
tenance, use, presence or existence of the Pipe Line on, along, across, beneath,
about or adjacent to Carriers Premises. Licensee also agrees to assume all
risk of loss or damage to Pipe Line and the contents thereof regardless of how
caused and regardless of any negligence on the part of Carrier, its agents,
servants or employees, or otherwise.
For purposes hereof, the term "Carrier" shall include MISSOURI
PACIFIC RAILROAD Company and its suLsidiary
,a
"I
n
46 W, 1Cl It 11 ~I. r /1 I1... s; {71:1 (1^, ~Si~ i,N(}1, Cr 1. F•i'!7 (.j llhh
1
r
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( 69 ^ !~R
and affiliated corn yjo Ikrn~~A I~tA~.Iy tier operating upon the Lracke and
right of way 04'. JL
Company in the territory concerned, and the respective
officers, employees and servants of any thereof) and damages and liability
shall include tha defense and settlement of claims and atLorneys' fees and
expenses, etc., in connection therewith.
a. If and when at any time during installation of Pipe Line or at any
other time during term of this License, because of damage to Carrier's main
track or roadbed by reason of breakage of or leakage from the Pipe Line or
from any other reason incident to the existence and maintenance of Pipe Line,
Carrier's Superintendent shall be of the opinion that such a hazard exists as
to make unsafe or temporarily impossible the operation of Carrier's engines
or trains along Carrier's tracks in the vicinity of the Pipe Line: and, because
thereof, the said Superintendent shall cause said engines or trains to be
detoured over another route, Licensee shall pay to Carrier) promptly follow-
ing receipt of bill therefor, the additional expense which Carrier shall incur
as a result of having to detour such engines or trains.
lf, in Carrier's opinion, changes in its property make it impractical
or unsafe to continue the Pipe Line on Carrier's property, Carrier shall have
the right to -terminate this agreement on written notice to Licensee.
Licensee agrees, upon request of Carrier, to take out and keep in force
and effect, for such period as Carrier may require, Contractual Liability
lnsura?ice covering Licensee's liability under this agreement. In the event
that Licensee is a State, City, County or other governmental entity, Licensee
shall procure or cause its contractor to procure Railroad Protective Liability
'f Insur-once in lieu of Contractual Liability Insurance. Such insurance shall
be in form and with such Insurance Comuany or Companies as shall be satisfactory
to Carrierp' and in amounts of $500,000/$11000,000 for bodily injury coverage
and $500,000$1,000,000 for property damage coverage and also the same for
physical damage to property coverage if Railroad Protective Liability ,Insur-
ance is involved) unless otherwise specified by Carrier.
' 9. Term hereof shall begin with April. 19 j,982 , and continue
c thereafter until concluded (lst) by expiration of thirty days fol-
lowing serving, by Licensee on Carriers or vice versa, of written notice of
intention to end term hereof', or (2nd) at Carrier's election without further
notice by expiration of six months without the Pipe Line having been installed
or by Licensee failing (a-1) to cure any default or (a-2) to show statutory
? right to install Pipe Line within thirty days following Carrier's
written request therefor, or Ord) upon the abandonment by Licensee of Prem-
ises for the purposes herein authorized. Any notice of Carrier shall be deemed
served when deposited postage prepaid in U. S. Mail addressed as aforesaid.
Not later than last day of term hereof Licensee shall remove Pipe Line and
restore Promises to a condition satisfactory to Carrier. Any of Pipe Line
not so removed shall at Carrier's election without notice be deemed abandoned.
'r Covenants herein shall inure to or bind each party's heirs, legal representa-
tives, successors and assigns; provided; no right of Licensee shall be
~k
5
1YUtr ! ! 11 Ul~l:l !V, ~,;1( i~ii,ri ji
.7 ~ ! ~11 'l ~1 t,l )Jl~",f tf tln;l fY6hl U) 1)f. f:l, i 1'I ,II r, i.~,c i ~ I~ rltS,ls.; f11u,,r Iii' ,IY;?`'~t i.
,
transferred or assigned, either voluntarily or involuntarily, except by express
agreement acceptable to Carrier. Carrier or Licensee may waive any default at
any time of the other without affecting, or impairing any right arising from,
any subsequent or other default,
10. In the event that Licensee is a City, County, District or other
governmental entity (other than a state or the United States), Licensee,
when returning this agreement to Carrier (signed), shall oauso same to be
accompanied by such order, resolution or ordinance of the governing body of
Licensee, passed and approved as by law prescribed, and duly certified, evi-
dencing the authority of the person executing this agreement on behalf of
Li,oensee with the power so to do.
I
IN WITNESS WMEOV the parties hereto have duly executed this agreement
as of the day and year first hereinabove written.
t,
W,rTNESSES: ! MISSOURI PACIFIC RAILROAD COMPANY
By rel F31£i. , lager
! As Carrier, First Party Herein.
A n 1 CITY OF DXNTON, T8XAS
secrets, By
ry (Affix Seal) DAY? 01~
WITNESSES: As Licensee, Second Party Herein. 4
I 212
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10
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cs
Aa,
EXHIBIT "A"
r P,4155dUF~l 1131 r RAILItUAD COMPANY
T US D18TRICT
Ila) mv::rl mII IU7(
allc L.
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