San Pedro Los Angeles & Salt Lake Railroad Co Eureka City Application To Build Sewer Line 19 November 1909
Four-page contract and Right of Way map between Eureka City (Utah) and the San Pedro, Los Angeles & Salt Lake Railroad in November 1909. Eureka City was in…
Public-domain full text preserved in the Mountain Man Mining Library. Original source: archive.org.
Contract Audit No. lSS
L R. R, Co, "
A
CO'CPOT, a corporation, party of th& first .part, and EUREKA CITY, a munieipal corporation, party of the second part, MTISCBSTK:
Tiiat the party of tlxe first part, for and In consideration of fi'e covenants and agreements on the part of tiie arty of tli@ second part hereinafter contain-ed and recited, has granted -tnd hy these presents does grant to the party of tiie second part, upon the conditions and for the purposc.s hsreinafter set forth, the right to nave constructed, maintained and operated, under the direction and subject to the approval of the Inginaer Haintenance of Way of the party of tha first part an* eight (8} inch diameter vitrified sewer pipe line, under the main trac3< and side tracks and along the right of way of the party of tlie first part, at mirelca, in Juab Oountj'", State of Utah, and more particularly described as follows, to wit:
iiundred and alghty-slx jjIus eighty-throe (1864>83), and ninning
trance south forty-one degrees forty-four minutes (41®44)west
Mndred nlnoty-two md eight-tanths (392.8) fasti tjrxenc® aoutli aighty~on© degree® thirty-on® minutes (81®31*) west under the refrigerator spur track Humber fwelre (12) of the i-furty of the first part thrse hundred and flT® (305) feet more or less, to th® right of way line of the party of the first part, as sliOin in red upon the blue print hereto attached, aarked likhihit A, ,jmi 4 raad® a part hereof.
The said party of the second p.Art .igraes that in the conBtrsjction of said sewer pipe line, the drainage ditches on each 3ldv3 of the grades of said party of first part shall h® left fre® and unohstr>cte4 and in ssich condition as v/ill secure proper drainage and protection to the roadhad and trade of said party of the first part and its telegraph poles.
And for the purpo-a uf ;maintaining and keeping in.repair the said sewer pdp® lin®, the s-ald p)arty of the second part may enter upon tha right of way and premises of the -arty of the first part and perform si-ch labor from time to time as may he necessary, for that purpose, said labor, howoTor, and rex.-airs or renowale to he performed under th@ direction and auhiect to the a_'-‘royal of the Engineer Faintenance of Way of the said party of the first part.
And the said party of the second part agrees tliat it will Indemnify the said party of the first part -againut and saya it harmless from any :-and all damages and claims for damages to th© agents or employees of the party of the sscond part, on account of injuries sustalnad whil© uron or about f;‘C right of way or „-=raaiis©s of the party of the first part for -.my purpose whatsoeyer under th® terms of this agreeiaent, or in connection wit?a tiioir employment by the party of the second part* , , .
. The s.aid party of the second part agrees to 'assume all risk'of daraage to Its own proxwrty which may result as a consotpeno® of crossing the property of the said party of the first part, and. agrees that said saw@r pip® lin® shall b© soil constructed and th water so controlled theraia as to preyent Is-akage, seepage, or softening of the roadbel, railroad track, or right of way of the
party of Vm first part, and as shall proTont tlio aecuamlatioa of ie© in the winter season so as to in anywise interfere with or damge the said roadhed, railroad, tr-ack of way, or telegraph line of the party of the fi.rst part .-ind further agrees that It will also indesmifi 'Wd harmless the said party of tlia first
part from all I&bu and damage resulting to Its property, or sus tained by said party of tha first prirt, by reason of the construct-* ion, maintenance or operation of s..4,id mw&r pipe line, and in the tTsat of any d'.ag 0 accruing to or loss sustained by the said party of the first part in consef|W8nce of the construction, malntenanee or operation of said sewer pipe line, the said party of the second part hereby agrees to pay the said party of the first part, upon written demand, the amount of such daiaage or loss.
And it ia ierth-u'* understood and agreed that the privi lege herein granted to the party of th® second part is granted upon each and every condition herein contained -and that the violation ©f w one of said conditions, if ..srsistod in .nd pormitted to con tinue by the party of the socond part, after its attention has called to th® .aiB,e, or if repeated by it, shall entitle the party of the first part to declar® forfeited .all th© rights of th© party of the second part under this agreement, .and to declare the agreement onaed, and to remove said sewer pipe line from its premises.
It is f-urt,hsr mutually cavan.antod and agreed that all th© travisions, teme and conditions of this grant and agreement shall
be binding upon the siaccessors and assigns of the parties hereto respect! .ely.
I.W vvIT,;Cli;3S IrtEHEOJ’, the said Ban Pedro, Los Angoloa &
Salt La.ke Railro.:ad 0oapai has caused this agreement to b® duly executed the day .and ye..:4r first above writtenj and the said Gity of Eureka has caused the 3a.m® to b® executed by its Mayor .and att@st- ©u by its Eseordtr, by virtue of a resolution of its Gity Qouncll,
T'Ofjiilarly 1).
, 1909, a certified co
a CITY
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Tintic Historical Society Archival Collections Museum: 241 W Main Eureka, UT 84628 Contact: RO. Box 325 Eureka, UT 84628 ://tintichistoricalsociety.org/index.php Scanned 28 November 2020 600 dpi via Epson Perfection V700
Keywords:
San Pedro, Los Angeles & Salt Lake Railroad
Spla&Sl
Main Street
Bullion-Beck Mining Company
Bullion-Beck Mill
Eureka City
Building Permits
Sewer Line