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Home My WebLink AboutAT & SF Railway Company; 1960-04-15; 64431Contract Secy's West of Albuquerque Form 1658 Standard(Approved by Q»nar»l Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this_ _____ 1543? ______ .j._day Of ____________ April ____________________ _1 ____ 19J*L_, hfttwHBn. THE ATCHISQNtTOPEKA AND SANTA FE RAILWAY COMPANY a Kansas corporation (hereinafter called "Licensor"),- party of the first part, and (hereinafter, whether one or more, called "Licensee")) party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafte ws: :•;• ...... 7 v ..... • 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses" Licensee'fo 'construct and main- WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: :•;• ...... 7 v ..... • ) pipe line ___ ** -.•^j^..~^'"_.~__~__~,,~_J~__~_, ~._~ ~__~. ,"__*'."'__ " ~ ~ -."._."" **__*" ~.~~.~~ ~"~~~-' IT T —-T.m-.--y ..mTT.B.......«j..i.m..Ti»i_...^ ...m... — ... .. « .» «.«.. ..».«. ».... «.... ..... ... Jnches in diameter '.(hereinafter, whether, xme-or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of._QA:T.i.?iSdj1_^an_P^:ejgo_ .Countyj ...Calif . , ____ ---^-,^-^-~~^--- :;;.r-^;-, -^ '" ['" '^'" t>ift grant. location of the PIPE "LINE being more particularly' shown by red coloring upon the print hereto attached, No — I*=2=232.8J. ___________ , dated- March_.3.1ji2£Q. — ___________________________________________________________________________ , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying __ !$.W_agSL __________________________________________________________ and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of._r..^.jr.. and No/IDQJBallflra.(|25Jt.QQJ '•;" - 4. "Licensee shall, at ite:own cost and subject to the supervision and control of Licensor's chief engineer! lobate, construct and maintain the PIPE LINE in such a manner and of such material .that it will not at afly.tixne be a source- of danger to oi; interference with the presenter future tracks, roadbed and property of Licensor, or the safe operation, of its railroad. In cases where the Licensee Is permitted under paragraph 2 hereof to use the PIPE LINE for oil or gas, or petroleum products, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached hi such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this, paragraph. Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its rail- 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 Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation4 ofJ;he:PIPJE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. "'"..""". 6. Licensee shall at all tunes indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any charac- ter, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or cany out any of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor 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 Licensor 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 Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor 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 Licensor 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_P^QJJBoaL^^._C.§TlAbMJ.._Qalif9X&L**—. . 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 auch 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 Licensor without the written consent of Licensor in each instance. 13. The PIPE LINE shall be constructed, installed and thereafter maintained in con- formity with the plans and specifications set forth in the American Railway Engineer- ing Association1 Specifications for Pipe Line Crossings Under Railway Tracks, 1956' for non-flammable substances. - IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. •', .. '. :". •" o ",>:.z. ' .•• ••'. . i t , . • .x. •. • '•. 'v > •• '•" • "•:-.- .-..-.•-•r, ••..j.j-;.-•-»• •^-.-..-•j.'--: > - •-.:•. = .- -, THE ATCHISON,TQP£KA AND SANTA FE RAILWAY COMPANY ' . "..' " . IV ^•Mm^r) Approved as to Description: By_l__ CITY OF CARLSBAD - 43 CIS ; __ EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN .. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY OF CARLSBAD SAN BERNARDINO. CALIF. 3t, I960 DESCRIPTION CORRECT DIVISION ENGINEER SCALE: 1 IN. TO /OO FT. TO /v/\rioNAL ciry Car/j bad De/jof next co. comm 8c jianot //na —y 2.OO />f- of /8 tnch aj6ejf-oj cement jetusr /me. encased in 86ft /nch corrugated jtcel /2<?oye. fv/ly coated casino pips, located on th& ' Company's property and crojsinq under the. 4 rtt- oist main track colored red. d pipe is a minimum depth of 9 ft.base, of rails. AT CAALS3AD Die go County, CQ I \ A DIVISION ENGINEER'S DRAWING NO. \--3-23933