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(a) A ~-inch cast iron pipe crossing under the property of-the Railway, commencing on
<br />~he northerly side of South Street Road, at Portsmouth, Virginia~ and extending in a. westerly
<br /> lrection, p~rallel with an.d 6~ feet northerly from the cen~ter line of the -ma~n track of the
<br />Railway, for a distance of ~0 fee~.
<br />
<br /> (b) A 6-inch pipe line crossing under the pr. operty of the Railway, beginning at & point
<br />on the southerly side of said South .Street ROad, b2 .feet northerly, measured at righ~ angles
<br />from the center line of the Railway's main track and running in an easterly direction, parallel
<br />with-~/~Ld~ain~ra.~k, for a.d~stanoe of 300 feet; thence at right smglee in a southerly direc-
<br />tig~l~fo~a~Ll~ta~e o~'.i?[feStjtthence in sm easterly direction, parallel with and ~ feet
<br />northerly from the center line of the said maim track, for a distance of ?00 feet to the
<br />easterly property line of the Railway;
<br /> ~id ~il~e of pipe being showh in RED, as locations 1 and ~, on blue print VA-156, at-
<br />tached hereto as a part hereof.
<br />
<br /> 2. The line of pipe at the locations above indicated shall be of quality, materials and
<br />design satisfactory to the Chief E~4~ineer or other proper, officer of the Railway and located
<br />so that the top of said line of pipe shall not at any point be lees than two (E) feet below
<br />the base of rail. in the neares~ tr~ck of the Railway, nor less than four (~) feet below the
<br />base of rs.il in any track of the Railway.under which, the said line of pipe may be construct_ed,
<br />and said line of pipe shall and will at ~11 times and in every case, conform, as regards lo
<br />c~tion in respect to the tracks and property of the Railway, ~o the requirements of the ~hief
<br />Engineer-or other proper officer of the Railway, and be installed under his supervision and
<br />agreeable to his directions, substantia~lly as indicated om said attached blue print. The
<br />said pipe line~ shall be constructed cf either cast iron, concrete or re-infcrced
<br />of sufficient strength to carry the Icad of any track that may be laid over or across the
<br />same, all in a manner approved by said Chief Engineer or other proper officer of the Railway.
<br />
<br /> 3. The ~ine of pipe above referred to shall be installed under and below the tracks and
<br />property of the Railway at the locations hereinbefore ~eferred to. at the~cos~ a~ld expense of
<br />the Licensee. oubject, however, to the inspection, 'approval and acceptance of said Ohief Engl
<br />neet or other proper officer, ~d when so constructed ~d laid, sh~lI. ~t all times the~e~ft~,
<br />at like cost ~d expense, be main~in~ and kep~ in repair ~ the Licensee, ~d sh~ld said
<br />line of pipe ~ tnj~ed tn ~y m~er, the Licensee is to promptl~ make the necessary repairs
<br />to s~e, such repairs to be satisfactory to said ~ief ~neer or other proof Officer, ~d
<br />to be made under his supervision, or ~he ~pervision of the ~perintendent-or other proper
<br />officer of the R~ilw~y. ~d the R~ilw~y hereby ~rees that the Licensee shall h~ve the right
<br />~t ~11 re.on.lo times to enter upon the premises of the R~ilw~y for~ the ~ose of const~ct-
<br />lng, repairing ~n~ m~qt~lning the s~id line of pi~e; ~nd luther, that the Licensee m~y ~t,
<br />~y time. upon thirty (39) ~ys notice in wri~ting to ~e tailw~i, remove the ~fores~ld line
<br />cf pipe fr~ the property of the R~ilwaq. It is expressly stipul~ted, however, that the L[-
<br />~ns~ll-obt~in the ~pprov~l In writi~ of the Railway of ~ny ~d ~11 re.irs or~ ~lter~
<br />t/cna to said line of pipe before the s~me ~e co~enCed by the Licensee.
<br />
<br /> ~. The passage of trains, or the traffic, present or future, of the Railway, or the- use
<br />of the property of the Railway for railroad purposes, or ~he construction of trac~s, building~
<br />or structures thereupon by the Railway. shall not be interfered with, hindered or de~ayed~
<br />b~ the plac~lng in pos~tio.n._op~eration or maintenance of said line ofypipe,_or any part the=e-
<br />of, at ~he Aocations nere~n~exore named. And in the even~ ~he said line o~ pipe'~ or any part
<br />~r~e~o,f~m~r~?a~..a~jl.~m~ ~in~der or~t_.e~r~f~,r~w}~ ~ ~~t~ .~ ~t~llw~y. or the
<br />upon thirty ~30~ d~ot~ce xrom-t~e Railway. so to d0~n~ a~cor~ng to the ~Aec~ ~x
<br />the ~ailway,, either ~su:zemove. s~ft or alter the sai~ li~ of pipe in the manner ~esZred b~
<br />the ~ilway, o~ to pay to the Rail~y, upon bilks ten.red thereffor. ~y a~tional expenses
<br />incident to s~ construction work. or the use by the Railway of its pro~rty f~ railroad
<br />~ses, caused by, or growing in ~y m~ner out of the presence or use of said line of pice.
<br />
<br /> ~. The Licensee will make such repairs to the right of way and tmacks, or any other .pr_o-
<br />party of the Railway as may be necessary as a result of the installation, operation, mainte
<br />~ance or removal of said line of Pips, and. the Licensee will rs imburee the Railw~y for a~y
<br />and all · xpense it may sustain by reason of making such r epairs, which the Railway shall have
<br />the option to do, if it. so elects, it being understood that if'the repairs a~e made by the
<br />Licensee, said repairs, when so made, shall be ~s~..bject ~o the approval, inspection and accept-
<br />anco~ of said 0hief Engineer or other proper officer.
<br />
<br /> 6'. In the event of te~mination of this a~reemen%, or if the Licensee shall at any time
<br /> hereafter discontinue the. operation of' the said line of pi,po,, or any part thereof, ~ aban-
<br /> don~ the use-of s~e ~ ~ha locatio~ hereinbefore mentione~, t~n, ~ ~he Rail~
<br /> ~y so ~sires, su~ ~a of p~pe is'to be removed b7 the Licensee' ~d ~,s cost
<br />.... ~d 'ex~se, from ben,th the ~oks ~d from the proper~ of the ~ilw~y, or th~ R~lw~y m~,
<br /> if it so elects, &t the cost ~d expense of the Licensee, remove the s~e. ~tn case of such
<br /> removml, or r~oval in ~ other m~ner, the tr~cks ~nd property of the Railw=y ~e to be left
<br /> in as good condition ~s ~hen previouslF found ~d ~bj~ect to ~e. ln~ec~on, ~pprov~l ~nd s~tis-
<br /> faction of s~id Chief Engineer or othe~roper officer.
<br /> 7, The Licensee hereby ~s~es &ll risk of, ~d ll~i~y for, lo.ss, inj~y o~ d~
<br /> to the ~pXoqees ~d pro~rty of the ~il~y, to ~e emPley~ ~d pro~r~ of the ic~aee,
<br /> :--~d to othe~ ~rso~ .~d other property, ~Wi~ in ~y m~ner out- 0f the t~.st~!l~tI~, pl~
<br /> in' position, presence, operation or removal of. s~id line of pipe, or ~ny ~r~ thereof. ~
<br /> Zhe ~ce~ee wilLf~rther, &t ~11 times, ind~i~ ~nd s~ve h~mless t~ ~ilw~ from ~11 loss,
<br /> ~e, cost ~d expense which the ~lw~y m~y sustain, resulting from loss, !~ury or ~e
<br /> 'c~used '~- ~ores~id.
<br />
<br /> S. The Licensee hereby .covenants and agrees to secure, at its sole cost and expense,
<br />necessary right of way for such portion of the aforesaid pipe line assay 'be located off the
<br />Railway's property, anc~ nothing in this agreement shall be construed a~ imposing upon the Rail-
<br />way the duty to provide ~uoh r'ight of w~y.
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