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J <br /> RESOLUTION NO. f - 2.5 <br /> RESOLUTION APPROVING THE PIPE LINE AGREEMENT <br /> • SUBJECT TO CERTAIN MODIFICATIONS BETWEEN <br /> THE CITY OF CLIVE, IOWA, AND RICHARD B. OGILVIE <br /> AS TRUSTEE OF THE PROPERTY OF CHICAGO, MILWAUKEE, <br /> ST. PAUL AND PACIFIC RAILROAD COMPANY GRANTING THE <br /> CITY OF CLIVE A LICENSE TO CONSTRUCT A SANITARY <br /> SEWER LINE UNDER, ALONG AND ACROSS THE RAILROAD'S PROPERTY <br /> WHEREAS, it is the intent of the City of Clive to proceed with <br /> a local sanitary sewer rehabilitation and relief project neces- <br /> sitating the construction of a sanitary sewer line under, along and <br /> across the property of Chicago, Milwaukee, St. Paul and Pacific <br /> • Railroad Company; and <br /> WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific Railroad <br /> Company has presented to the City of Clive a license for the pur- <br /> pose of constructing, installing, maintaining and operating said <br /> sewer line under, along and across the railroad's property in the <br /> form of an agreement entitled "Pipe Line Agreement ", dated <br /> September 30, 1982; and <br /> WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific Railroad <br /> • <br /> Company and the City of Clive, Iowa, have orally agreed to make <br /> modifications in accordance with the letter attached hereto as <br /> Exhibit "A "; and <br /> WHEREAS, the City of Clive has determined that said "Pipe Line <br /> Agreement" should be accepted and executed by the City of Clive, <br /> which acceptance and execution is subject to the modifications set <br /> forth in Exhibit "A" being made in writing by the Chicago, Milwau- <br /> kee, St. Paul and Pacific Railroad Company prior to its execution <br /> of the Agreement. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF CLIVE, IOWA: <br /> That the Mayor and the City Clerk be and are hereby authorized <br /> and directed to execute a certain agreement entitled "Pipe Line <br /> Agreement" dated September 30, 1982, by and between the City of <br /> Clive, Iowa, and Richard B. Ogilvie as Trustee of the property of <br /> Chicago, Milwaukee, St. Paul and Pacific Railroad Company; pro- <br /> vided, however, such "Pipe Line Agreement" shall not be effective <br /> as to the City of Clive unless the Chicago, Milwaukee, St. Paul and <br /> • <br /> Pacific Railroad Company make the modifications in writing set <br /> forth in Exhibit "A" prior to its execution of the "Pipe Line <br /> Agreement." /n <br /> PASSED AND APPROVED this /� day of �.-�.r � P.t.12/L , 1982. <br /> t ee <br /> Mayer, 0. Gene Maddox <br /> • <br /> Attest: <br /> tia-t <br /> Marjorie . Lee, City Clerk <br />