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Pipeline License Agreement - 12/22/1962D. J. SMITH GENERAL MANAGER D E WALKER ASSISTANT GENERAL MANAGER MISSOURI PACIFIC RAILROAD COMPANY Mr. Willie Pokrant, Secretary, City of Round Rock, Round Rock, Texas. Dear Mr. Pokrant: CB 502 UNION STATION. HOUSTON 2. TEXAS TEL. AREA CODE 719 CA 7.3151 January 15, 1963 File: 116 -1944 Herewith for City's files is Pipe Line License dated December 19, 1962, running to City of Round Rock, cov- ering one proposed galvanized iron pipe, 2" in diameter cross- ing Carrier's track and right -of -way at ECS 44+00 at Round Rock, for conveying water. Yours very truly, K 1 9 J. H. GREASON DISTRICT ENGINEER E. E. DENT MECHANICAL SUPERINTENDENT 12-0 nuint&A) CITY OF ROUND ROCK EDWARD WALSH, MAYOR - C. D. ANDERSON, SECRETARY ROUND ROCK, TEXAS December ,A.D.1962 On this the : ' day of Ds ce[aber,A.D.I'962,the City Council of the City of Round Iiock,Texan,in called session at the regular meeting place in the City Hall in Hound Itock,l'eRue„ after all members of the City Council had received legal notice of such meeting for the purpose of authorising the exeoution of a Elva Line License with the 3kiseouri Pacific ',Railroad Company to lay water pipe -line under their tracks. ' A quorum being present at the such peting,the following resolution introdt ce by Alderman ,seconded by Alderman ,and receiving the "following Vote: Ayes Nays ---- ,the Resolution was adopted. Rzeo UTTAw Whereao,in order for the City of Round nock,Toxaa,to supply water for eitizene'residing on the Nest side of what was formerly known as the Georgetown Branch of the Eissouri Facific Railroad, end within the City Limtts of the City of Found Rock,Texat , it becomes necessary that the City of Pound Rock,Texae,execute a li pe Line License agreement with the Wia our Facifio Railroad Compan+ NCH,TH R it reeelved by the City Council of the City of Round Rock,Texas,'that the Xayor,2Eartin Anderson,be and he is hereby authorized and inntruoted to execute the atttached Pipe Line License in duplioate,an behalf of the City of Pound fock,Texie. ' Farmed and adopted thid -Z2- day of -, c - (Signed) Z�„ Martin Anderson `Ai111e 3okrant,aecretery \, Ifillie Fokrant,City Secretary of the City of Round Hock,Texas; \o - hereby certify that the above and foregoing is a true and exact n ,�, - ' copy -of a resolution adopted by the Oft council of the City of v • Round mock. Texas, on the .2 2. day of , A. D.196 `l /� Wi My hand, and the Seal of the City of Round Rock, T exam, \this the day of ,A.D. City Secret cl ,b •' MP Rd- ' s a PIPE LINE LICENSE FORM 20021 3-61 OLD 4940 THIS INSTRUMENT, executed in duplicate, • r - December , 19 - - , 19 62, Witnesseth• The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( a Municipal Corporation ), to be addressed at Round Rock, Texas - - (ahow whether an indrv,dual, co- partners, or corporation and state wherein incorporated) ., . - r i.hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying- water the Licensee's own one , certain proposed continuous line - of - (number) 1 • . (proposed or existing) galvanized iron V. pipe , ` 2 inches: in diameter, and appurtenances, , herein called Pipe Line, on the Carrier's property, herein called Premises- Pipe Line will be used conveying water at a maximum working pressure of 60 pounds per square inch. for - Pipe Line shall intersect Carrier's existing track amld ofd way `" . O TOwnsite of Round Rock • 7BCSIffiC ' ' xT" Williamson County (E.C.S: Idi00) , (- `'n -Texas - .,atIOCEKIX Round Rock - (county or parish) - - ,,,,, r (state) 1 (place) - Approximate location of Pipe Line is indicated by heavy blue line on Exhibit A attached hereto as part hereof. 1. 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 time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least four and one -half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit B 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 acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten 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. Licensee when returning this license (signed) shall pay to Carrier twenty five dollars for preparing it. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, Including wages of foremen, plus 10% 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 1. o. b. Carrier's rails, plus 10%p to cover handling and accounting, plus freight at tariff to point of use, and excise taxes applicable to said labor and materials. Carrier may connect with and dis- charge sewage into Pipe Line while serving as sewer. • 2 Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance, renewal, repair, use, existince or removal of Pipe Line, including the breaking of the same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused. • - 3. Term hereof shall begin with - December 20 , 19 62 and continue thereafter until concluded (1st) by expiration of , thirty days following serving, ley Licensee on Carrier, or vice versa, of written notice of intention to end - term hereof or (2nd), at Carrier's election without further notice by expiration of w - six months without the Pipe Line having been _ installed or by Licensee failing (a -I) to cure any default or (a -2) to show statutory right to install Pipe Line within thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line or 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 Premises. Any of Pipe Line not so removed shall at Carrier's election without notice he deemed abandoned. Covenants - herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee shall be trans- ferred 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 default. - MIT SS i C. MISSOURI PACIFIC RAILROAD COMPANY 55823 ATTEST: / ' - B - (AFFIX SEAL WITNESSES: Presdtde fir, nnt9 , on CITY OF ROUND ROCK , BY: .I (Seal) - Mayor. - - As Licensee, second party herein. • P JOINT FORM 7843 50' J THE RUCKERT CO 1M No 121 PENCILON 10.60 3 iV 0 0 4- 'Th. > c SO oc 4 A I Frt:. L G 3Jarlize \'1.:Fer 1ir� _ ___ MaiI11.Urr fJ ^1 2ir.3 %- ,- z „ Sea e;i, 1p'ver, W \1._L\NMSc-31 COUN T dl 0 cn �r — 400' tom s. er 6r. o. / u' c Porte nut 29 O' 4o @. l4 '8. c20 u / 161 J 47 4M- l-7 EXHIBIT "N' 55823 MISSOURI PACIFIC RAILROAD GULF DISTRICT PALESTINE t•804- Pro. 21nc1 ti•18 lire, car i GAY \koUYNCirCCtt R N.0 C'rt - C 71 XA S OFFICE OF-01 ENGINEER, '60k.. •stovs NOTE BOOK SCALE As S\ DRAFTSMAN R>,I DATE Il _ Iq Vl I FILE NO.4IL• 15