The URL can be used to link to this page

Home My WebLink AboutAT & SF Railway Company; 1946-06-11; 17479--_ . I-__c__,-l-“II-- . h P 3 - Form 1658 Standard (Approved by Qenrrat Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this _........_._._..._. zm& __.____._ day of-...... ____. ..___._ ._ __.. . __ ___.. w*... . . . . . .._______.. . . . .._ 19.~&&.., between _-__ TBBIL..~~..-~~.-~..~.~..~...~BQIIE,, _....._. _ . . . .._....... ‘......‘....‘-.‘.) a-.. .______.........._.. -W _........_......_..._____ corporation (hereinafter called “.Licensor”), party of the first part, and __......._......... Om..#m..m~.sAw . . . . . ..-.__.. _ . .._._____ _ __..._._._ _ _._....____..._.~.__.~..~~~~~~~~ _ .___..____... _._._._ _....._..____ _ ______________.-.--.-~~~~.~~-.---~--.~---~.....-....~.~~~-~.-.....~~.~~~~~~.-..--~~~~~~-..~~.~~-~~.~~~.~.~..~~~~~~~~~~~~~~~.~..~..~~.~.~~~~~.......~~...~~~.~~-.~~~...~~~.~~~~~...~......~...~....~~....~... (hereinafter, whether one or more, called “Licensee”), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as * follows : 1. Subject to the terms and conditions hereinafter set forth; Licenser licenses Licensee to construct and main- tain..~...-~_-t..~--.--~.--.~----~~~.-~-----~--..~-...~~-~~~-~.~~--~.-.-.~.------.~~-~.---.------..--,~.-.-.-.--~.-w...w-..~..---.- ( X ) pipe linena, -*+).. ~Y*ruIruL(IrSa(**LuuJ**r*.aJ~Y* __ ___ ___ __ __ __ ___ ___ j__ __ ___ ___ _. -_ __ ___ __ _. ‘__ ‘. __ __ ___ - *I, * - * i rinches in diameter (hereinafter, whether one or more pipe lines, called the “PIPE‘LINE”), ____.___.___________~...~.~.~~~~~---~~ across or along the right of way of Licenser at or near the station of.--e~~~..Ilua..~*..~~* Oa&$gog#&&+.* -__--_.--_--_ *.- ..--...-......__... ~‘-- . . . . . . . .._-__.-_ th e exact location of ,the PXPE LINE being more particularly shown by red coloring upon the print hereto attached, No......&!!!~@~ ._________ ~, dated. ____ ~-.&...~$!+ -.-~-.-‘.-----‘-.---.-..-..---~-~-.-.---.---.-.~--.~-..--~~--~---.-~~..-~~---..-~~.~-...-...--......-.-...-...-.~-----, marked “Exhibit A” and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _.__ ryksIF4) _______ _ ____._______________...~~.~~~.~...~~.~.~.~.......~. / ____________________~.~.~.~.~~~..~~~.~~.~~~~.~~~...~.~~....~.~...~~~~~~~~~~~.~~~.~....~~~.~.~.~.~.~.....~..~...~~...~.~.~~~~.~~~.~~~..............~~.~...~.~~....~...~~~~~~......~..~....~..~.~ and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licenser ss compensation for this license the sum of ____ %..+...I?r.. * r..i*t.. *...YK..~ . . . . *...r .1cut..udi..~3#a@.~...csj*a,~~ . . . . ?cr..~..--..*r...rr?...~..-...-...-...~..-...w...-...-..-. .w)...a..*r..mw.. 4. Licensee shall, at its own cost and subject to the supervision and control of Licenser’s chief engineer, Iocate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licenser, or the safe operation of its railroad. . . . Q 4~4. If at any time Licensee shall, in the judgment of L&censor, fail to. perform properly its obligations under this par%graph, Licenser may, at its option, itself perform such work as it deems necessary for the safe operation of its rai& road, and in such event Licensee agrees to pay,. within fifteen (15) days, after bill shall have been rendered therefor, ’ the cost so incurred by Licenser, but failure on the part of Licenser to perform the obligation8 of Licensee 8hall not release Licensee from liability hereunder for loss or d%mqs occ&oned thereby. 1 ** 5. Licensee shah reimburse Licenser for any expense incurred by Liceneor’for false work to support Licenser’s tracks and for flsgman to, ptdect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licenser on account of the PIPE LINE. t 6. Licenseeshalltit%lltimesindemrGfyan$s%ve&rmless Licenser ag%iirstandpayinfullallloss, d%msge or expense that Licenser may sustain, incur or become liable for, resulting in any nianner from the construction, maintenance, use, state of repair, or presence of the PIPE LINE, mcluding any such loss, d%mage or expense arising out of (a) Ioss of or damage to property, (b) injury to or death of persons, (c) mechanics, OF other liens of any charac- ter, or (d) ts~es or assercsments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covens&a herein contained Licenser may at its election forthwith revoke this Iicenxle. , 8. THIS LI,CENSE is given by Gcensw and accepted by Licensee upon the express condition that the same / may be terminated %t any time by either party upon ten (10) days’ notice in writi to be 8erved upon the &her ’ party, stating thd the date that such termination shall take place, and that upon the termination of this license in this or any other m%n.ner herein pro&led,. Licensee, upon demand of Liceneor,. shall abandon the use of the PIPE ’ , LINE and remove the same and rests, .he right of way and tracks of Licenser to ; same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licenser’s premises as aforesaid within ten (10) days after the effective date of termination, Licenser may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts! omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Llcensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licenser of said premises, Licenser shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licenser here- under, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice, request, instructions or revocation of this license to be given by Licenser to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, post- paid, addressed to Licensee at.. ..~.~~-~.~baBI...C.~lliP~.~.~-, .__..________.___._.~........~~................ _ ..__........... . . .._.._._....____..... . _ . . . _ . . . . 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agree- ments of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licensee, its successors, legal representa- tives or assigns, or any subsequent assignee, shall be binding upon Licenser without the written consent of Licenser in each instance. .e-.* _ - . 1 L. .- I ! IN WITNESi3 WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. *.. . 1HE AY!CHTEsQc)11,~..zI~~..~. ..$~~...~..~~~..C.~~, . . . . . . . . (Licensorj Approved as to Description: -By,:.... ____ Q---T . . . . . . . . . . . .._.___L_.___._....~~~.............~-...~.---~--. Its._.A~.~P.~t~~-.t.~...j3B~.~.~~...~~~~~-~~--~ _.-. _.___._._._..._._.......~.........~...~...~..~..~~-.~~~...~.-~~~~-...--...~..~.- Chief Engineer. (Licensee) -- -.. EXHIBIT "A" TACHED TO CONTRACT BETWEEN THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY AND • CARLSBAD SANITARY DISTRICT SAN BERNARDINO, CALIF. MAY 3, >94-7 SCALE: 1 IN. TO IOO FT. 4°oo' c. A-17° 12' 0 0 Q I leaves R/w o JtL IORRECT DIVISION ENGINEER METER i 2"CONNECT10K TO LOS ANGELES / WEST ESCONDIDO NQtT <t MAIN TRACK 2360 TO SAN DIE&O EAST CARLSBAD NEXT •n w o DESCRIPTION 243.3 LIN. FT. E" GALV. IRON WATER LINE, LOCATED ON RAILWAY COMPANY'S PROPERTY - SHOWN RED. AT CARLSBAD, SAN DIE^O Co., CALIF.DIVISION ENGINEER'S DRAWING NO. L--3-16430 _ . . l ‘THE A’TCHIsON’-- COAPT I'OPEKA AND FAHTA FE RAILWA C:OM?ANY, LINES - LOE ANGELE,c DIVI\=lON. I< m - w Ir - a m - -.- - - w Office of Superintendent. Pan Bernardino, 250-4 May 19, 1947. / / i / /'/ , Carlsbad Sanitary District, Carlsbad, California. Dear Firs: Referring to your letter of June 11, 1946, Filed - - l Attached are the original and duplicate copies of agreement in your favor covering 2n water line on our right of way at Carlsbad. Will you please arrange execution thereof and return the papers to me for further handling. In due time a completed copy will be furnished for your records. 7 4 ‘. , THF ATCHIEON, TOPEKA AND PANTA FE RAILWAY COMPANY, COAST LIIVW, LOS ANGELES DIVIFION. , OFFICE OF FUPERINTFIJDFNT. Ean Bernardino, June 23, 1947. Carlsbad Sanitary District, Car&bad, Cclifornj-a, Dear Sirs: Referring to your letter of, .-'\ - "r.. File - - 7 . Attached, for your records, is a completed copy of agreement in your favor covering 2" VJater lint: Qn. our &&lt of way at Car,lsbad. ‘T-r