06-10-1985 Council Packet - Laserfiche WebLink

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THIS AGREEMENT, made this 1st day of June 1 19 85 , between BURLINGTON NORTHERN RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC.,)e Delaware corporation, hereinafter called "Railroad," and CITY OF ORONO, a municipal corporation of the State of Minnesota, whose post office address is Box 66, Crystal Bay, Minnesota 55323, hereinafter called "Permittee." WITNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be observed anA performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain and ope .. 8—inch sanitary sewer pipeline, hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface thereof, and under the tracks of its railroad, as the case may be, at or near Orono Station, in the County of Hennepin , State of Minnesota to be located as follows, to -wit: crossing at survey station 137 + 80 - milepost 27.43 as shown colored red Exhibit "A", dated April 25, 1985, on the plat hereto attached, marked and by this reference thereto made a part hereof. Permittee in conside ation of such license and permission hereby covenants and promises as follows: 1. Perm ay in advance to Railroad for this permit the sum of Four Hundred Dollars ($400.00) for the f_ a (5) year period and Two Hundred Fifty Dollars ($250.00) for each five (5) yt reafter; also all taxes nW its that may be levied or assessed against said facility. Railroad reserves the right to change the said charge at any time this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall in no way restrict Railroad's right of termination under Paragraph 9 hereof, 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair facility placing the some in accordance with the specifications provided in application dated March 25, 1985, heretofore approved by the Railroad's Reg'onal Manager Engineering. Permittee shall fill in the excav,:tion, and restore the surface of the ground to its previous condition subject to the approval of the Superinterxlcnt of the Division of R&Ilroatt upon which the facility is located Said Supxennlendeot shall have