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Home My WebLink AboutAT & SF Railway Company; 1962-01-16; License - 66795n 1 !2 P g 2 ; I I i 1’ .I ;’ 3 r ; ; 1 ? I. 1. - . .I s B %r 5’ t %f ia 5 form 1458 staadurd &moved by Gowol Mkitor) PIPE LINE LICENSE THIS LICENW, Made this-- _____ 2Birh- _____ day of ________ - ____ -.~~~---- ____ -___- ---, 19-&&--, between--% j%klJTLm i.kAXSt:gAT 001JpME -___-----__ --..---, a___-_~~k------------ oration (hereinafter called “Licenser”), party of the first part, and ----__- _________ ---------- ------------ __--_---_ ------___-_-_-__-_- ---__- -____l____ ___-- __--- -_---- --_---- -_---- (hereinafter, whether one or more, called “Licensee”), party of the second part. ----c----- ---- WITNESSETJI, That the parties hereto &. the considerations hereinafter expressed covenant and agree as follows : 1. Subject to the terms and conditions hereinafter set forth, Licenser licenses Licensee to cons$uct a* m+#ai*.-- ------ -L”II-)CIC*1ILl)-)-r---“-----“---- ----- _------ ( 1 ) pipe ItneL-*-v *pzi---- - WI.*1 I)..* * 9* *;‘ds, c al M 9 *.c*rr * r,i * *.I#+ I, w i %i+:rw __---__I_ -_------ fcight(tiL ______’ h * 5 - mc es in diameter (hereinafter, whether one or more pipe lines, called the “PIPE LINE”), across or along the right of way of Licenser at or near the station of-- &qymt~. 6ali?cm%a -----_-_-_--_---_--_---the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No._EY&&$~&------, dated--3&3$&2 .P--_--__- -______ - --__ -----___- ---, marked “Exhibit A” and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying -B- -e-e--- .---_----- ---- ---___--_-_---__ --------___-__-_----------------- c_-___-__- -_-_ --- and ahall not use it to carry any other commodity or for any other purpose whatsoever. 3: Licensee shall pay Licenser .as compensation for this license the sum of ________ - ____ - ____ __ ____ .~~-~_~~~.-~~-~~~~*-QO~ ___-___ - _____ ________--___---__-_-------------- .--------_----_L-- __--- - __-__-_--- ______-____---__----- -- ----------_---- -_I-___-__--_--_----_____I_______ 4. Licensee shall, at its own cost and subject ,to the supervision and control of Licenser’s chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and of such mat&W that it will not at any time be a source of danger to or interference with the present or future tr‘acks, roadbed and propertg of Licenser, or the safe operation of its railroad. In cases where the Licensee is permitted un- der 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 conformitg with the plans and specifications shown on print hereto attached in such case?, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Licenser, fail to perform properly its obligations under this paragraph! Licen- sor 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 ren- dered therefor, the cost so incurred by Licenser, but failure on the part of Licenser to perform the obli- gations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licenser for any expense incurred by Licenser for false work to sup- port Licenser’s tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licenser on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licenser against and pay in full all loss, damage or expense that Licenser 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 per- sons, (c) mechanics’ or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here- in contained Licenser may at its election forthwith revoke this license. 8. THIS LICENSE is given by Licenser 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 the .i the date that such termination shall de place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licenser to the same condition in which they were prior to the placing of the PIPE LINE there- under. In case Licensee shaI1 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 indem- nity 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 Licenser 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 hereunder, 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 aame be delivered to Licensee, or if deposited in the Post Office, postpaid, addressed to Licensee at-@&&B&!!&~~Q~n~~ -- --__-- c--- ______ -___- ______ -- _________. -_-_--__-__. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements 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 bene- fit 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 Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licenser without the written consent of Licenser in each instance. 13. The PIPE LIR3 &M33 1% aonstructed, ine%all9d aMl thereafter maintained in uoonformlty with the psWnrr and ;apeolfiaatior:ra set forth in the Ameriuatn Railway Eng~ fneering Aeeocietionfi SpebQlfioaflontr for Pipo Line Crossings Under Rksfluay Tracks, 1956’ for non-flanatllable mb&mms. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. TiI$ A~C~~~~~T~~ AiG, SAZlTA 3% BAlCLWAY CoMpAlQ p-(Licensor) Approved as to Description : _-- Chief Engineer. Bg_ -\i~~~-” -k Ita p/i&&& (Licensee) Contract S«cy'B No.jlr fc1 • ?* Original S'-NTA FE ROUTE For. 1658 Standard w«3t °f Albuquerqa* (Approved by GtMral Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this _________ 1.6th. _____ day of.. .............. __...J.anuary. _________________ , 19_62...., ___________________ , a ---- .Kan_sas ...... ______________________ 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 hereinafter expressed covenant andagree as follows : 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain_Qne - -------- - --------------- ----- -- - - ( 1 ) pipe line... -_^ ------------ -.-.-. --- ^— -_^-— -^-- - • ------- =_j=-_- ..inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of _ Carlsbad, San Diego £9Unty, California^ ______ the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.i*-jh2^9.74 -------- , dated-January 12,196 ----------------------- , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _SfiHS£fi -------- 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 QM-«lOp/100 Dollars($1.GO) ^_ ; j_ : - r • '" 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en- gineer, locate, 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 Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un-der 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 in such cases, marked Exhibit B and made a part hereof. If at any time Licenseeshall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licen-sor 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 ren- dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli- gations of Licensee shall not release Licensee from liability hereunder for loss or damage occasionedthereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE andfor any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times 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 per- sons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here-in 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 thatthe 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 thetermination of this license in this or any other manner herein provided, Licensee, upon demand of Licen-sor, 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 there- under. 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 indem- nity 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 shallnot be liable to Licensee for any damage of any nature whatsoever or to refund any payment made byLicensee to Licensor hereunder, except the proportionate part of any recurring rental charge which mayhave 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, postpaid, addressed to Licensee atJS.arlala&d^C^^ornl&j 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of suchparties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the bene- fit 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 Licen-see, its successors, legal representatives 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 conformity with the plans and specifications set forth in the American Railway Eng- ineering 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. THE ATCHISQN,TOPEKA AND SANTA FE RAILWAY COMPANY Approved aa,to Description: (Licensor) CITY OF CARLSBAD (Licensee) Th i S \ P r f T " o T P T ^ T CO «J 14-" DfMN&j: S v." is K. < J r TO Ci_>l_Ufc Ql Ct».iii_t>3/vo --cv^o I? »/•-" C,*^ i A ' w *. r «r v Uj v <^ 3 s * EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN iE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CITY orC^RLSSAD SAN BERNARDINO. CALIF. DESCRIPTION CORRECT ^-yf^/ £-^£fc£iSY*\.. __., DIVTSICTN ENGINETElf y SCALE: 1 IN. TO 1OO F^J , . . >, \ C_*-'- l-*UiC»_V.' F i » 6 ' C M ** 1-iCl- N^t.F\*.f* ^>ht'^ 1 ^ta-»vtwi •j-'j •^ 1ta.Tlk_ *J- «i. Tj4.; N '• H.-l »W^ft^- ^ A \vj* 4 Cj Tv>(.^-'--^to»j?*i- i.v. --!.'=_ *-* _*i**"i v_ 1 _ ^. -X / ~X ^>io«i_f.c/w^ I_IMI^ -y , I,, ,j /-iO -•••••• ^ O r "P. u I00. rj f -* | T rcM>. ,e7 ,"«• o* s^ .••*• ,a* t«/ , TcM»,TiOM(k.u C' r , MexTl-riv. I'm. \Tt5FR> Co ^ ^fS^ ' *-'OU«.IM 0-or t,M^iNT«y. / * f»-au -*tm Su SKU.I J \ .^ « I ^^^^ ' ^^•J *- ^- o • \/ /* o ^.c we ri^w_i_V i> ^09^40.^ t.t X^C.Ml-P4T &ko.r S 1 1O. U ^OO*S • . T *- ^ ' ^- OC. W C-U. f4t- **..:«••% N(p SST7&. f cr< <c^<^ ^, ^ ^ X -f * . 'I W .'..>..- V , , , V * f i^ - *-.. -»^ _» 1 1 U . . - -tt -/• " -^ uJ ui - ^z ^ •D-> DESCQ4PTION J^M ftlMCU V C P. SE.WC.B. l_|MB. E-NCAs'it-U IKI i3c-TOl I'i" STCt.i— t-MC-«O»i VJQ , L O C ft.T tC. Ol ?>T Q.ICT C-Ol-OVit.\J MEAR DIEGO COUNTY, CALIF.DIVISION ENGINEER'S DRAWING NO. L-3-2.4-974-