HomeMy WebLinkAbout#425 - Deed; Water Main , License running across grand trunk western rr property at 30th street crossingyo�
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GRAND TRUNK WESTERN RAILROAD COMPANY
LAND AND TAX DEPARTMENT
J S, LILLM
PROPERTY AND TAX CO.MMISS90NER
OUR FILE No,
400 EAST JEFFERSON AVENUE
DETROIT, MICH.
L-186-51
July 9) 1932
City Of South Bend,
Gentlemeno
Please find attached hereto for your filea) original
third carbon COPY of license dated April 1,, 1930 in favor of
the City Of South Bendq covering water main installed under our
5tMckc in 30th Street,
Kindly acknowledge receipt of this document.
Yours very truly,
Be la roe
A T y/ Comm,.. i ioner,.
MEMORANDUM Or LICENSE AND AGREEMENT, effective theld--day of___,APrU_ �19110
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by and between ".-Raw
hereinafter called the "Licensor," of the first part, and
I I ......... __ .... ..... .......... ___ ...... - ........................ ...... ......... ......
_ �AiAAAV__
hereinafter called the "Licensee," of the second part.
WHEREAS, the Licensee desires permission to install, maintain and use
Mtn ...... _ .......
upon, along and (or) across and underneath the surface of the premises and right of way of the Licensor
...... __ ........... County of....., .. -A
State of ...... ...... ....at the location hereinafter described, and
WHEREAS, The Licensor is willing to grant the Licensee such permission upon the terms and
conditions hereinafter contained,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. The Licensor will permit the Licensee, upon the terms and conditions hereinafter set forth, and
not otherwise, to install, maintain and use the facilities aforesaid at the point, County and State afore-
said, and in the location indicated ... __ ...... ...... ....._,..,....on the attached blue print
which is hereby made a part hereof.
2. Said facilities shall be installed, maintained, renewed, repaired and remo'cd by the Licensee at
its sole cost and expense, and shall be installed at a depth of not less than., '1AW- --- ___ ....... .......
feet below the base of the rails of the Licensor's tracks, and shall be provided with such appliances for
safety as are usual and proper in such cases.
3. All work herein contemplated to be done by the Licensee shall be done, and the said facilities
shall be maintained in a perfect condition of repair, to the entire satisfaction of the Chief Engineer of
the Licensor, and when any work hereunder iscompleted, the Licensor's property and right of way will
be left in a neat, smooth and level condition.
4. If at any time the Licensor shall change the present grade of its track or tracks over said facili-
ties hereby licensed, or make any other changes or additions to its tracks or facilities at said point,
which it hereby reserves the right to do, the Licensee, at its own expense, agrees to lower said facilities
so that said facilities shall always be maintained not less than the required depth below the base of the
rails of said tracks, or to remove the same, or to perform any other work made necessary by reason of
such changes or additions and so that said facilities will not interfere with the full use by the Licensor
of its property and right of way at said point.
S. No work of installing, maintaining, repairing or removing said facilities shall be done until the
Licensor shall have had sufficient prior notice of at least forty-eight (48) hours to send its inspector to
the place where said work is to be performed, under whose inspection all such work shall be done at any
and all times when deemed necessary by the Licensor, provided, however, that in case of emergency
arising out of breaks in said facilities any necessary repairs may be made without the necessity of the
notice above provided for but on the express understanding that immediate notice of such emergency
shall be given to the Licensor and that all such repairs so made shall be subject to the approval and ac-
ceptance of the Superintendent of the Licensor in charge of that territory, and on the further under-
standing that the lines of railroad of the Licensor at all times shall be kept open for traffic, and the
Licensee will pay to the Licensor the entire cost and expense incurred by the Licensor in caring for,
protecting and supporting its track or tracks during the performance of any work herein contemplated,
and,all,other expenses necessarily incurred by the Licensor on account of the installation, maintenance,
renewal, repair, or use of said facilities, or the removal of the same from the right of way' and premises
of the Licensor.
6. It is agreed that if the Licensee has the work herein provided for performed by a contractor, that
the dealings of the contractor with the Licensor shall be handled through the Licensee and not directly
with the Licensor and that any contract made with a contractor relative to said work shall be subject to
all the terms of this license and agreement.
7. The Licensee assumes and will bear and pay all loss, injury or damage to person or property of
the Licensor, employees of the Licensor, Licensee, employees of the Licensee, or third parties, which may
result from, grow out of, or be attributable to any cause whatsoever in connection with the permit here-
in given, or arising from breaks in said facilities as a result of either the weight of or vibration or de-
railment of passing trains, cars or engines on the track or tracks of the Licensor, or otherwise. or arisinw