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Home My WebLink AboutAT & SF Railway Company; 1963-12-13;Fero 1638 Standard (Approved by General Solicitor) Secretary's No Pipe Line License MilSOZVOMA iDr),XrATi TO 'VIM S TATION mertaaT and CITY (rill CA2IAL3)341) For •varlabad arid Parr Station Los Division In effect aeraber 13 _, 19 63 Cancellable on ten days' notice. Div. Supt's No._ Chief Engineer's No. Hell 7 62 2M 7098 Fens lbds tlm.rto,a (Approved by O..st 1 Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 13th da of ., 10 03 , between. THS ATCRISON MEKA AND SANTA FF RAILtJAT CO:2ANY a •Fins_ corporation (hereinafter called "Licensor"), party of the first part, and rSTd SANITATION DISTRICT. a body corporate and litict la) CITY OF CARLSBAD, a municipal corporation of the State of California LIMIAt1 S I►l COMMN. (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, Licensor licenses Licensee to construct and maintain TO- ( 2 ) pipe ]3nea.__2. a T i. Six(36) and Fort; - Two ( �� rl tedr wlietoheer one or pmo el4ne's, called the "PIPE � - " "winches in diamete��ere , LINE"), across or along the right of way of Licensor at or near the atatiorstofLerld_rr+i PP-rr, Sa iogo Ccranty, California • the exact location.of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, NoIr-2-2623.4 , dated '.overiber f,+1 C3 , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying imam 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 QjaiLand N94Qpilarsl (S3, 00) 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, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there- after 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 Licensee shall, in the judgment of Li- censor, 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 railroad, and in such event Licensee agrees to pay, within fifteen (16) daysafter 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. 6. Licensee shall reimburse Licensor for any expense •incurred by Licensor for false work to sup - for any and all other expense ind for curred by Ln to icensor on account duringrotect its traffic thPIPE LINE. on of the PIPE LINE and 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. contIf atained Licyensortime may an t its election shall fail forthwith refuse revokepl thiatlic°ernaec� out any of the covenants here- in8. 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 _. .. ..�. ....—. ,sp<.JT! ' . ton the other party, sta ?.in the date that such termination she....-ake place, and that upon the • termination of this license in ' 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 aftc: 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 b which the LINE is located,by anyone owning or obtaining title to the premises on not the PIPE to Licensee for or the sale or abandonment by censor of said premises Li any damage of anynature whatsoever or to refund anycensor shall Licensee to Licensor hereunder, except the poportionatea charge made by have been paid hereunder in advance. partof any recurring rental charge which may 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States mail ostage prepaid, addressed to. Licensee at Vista Sanitation • District — 4005 Ronecruns St .,San Dipego— City of Carlsbad, Carlsbad,California. Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's.. ..... ....... ................... Superintendent 1170 !lest Third Stroet2 S California • '--------at,.. Bernardino ______ a. 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 assi Licen- see, its successors, legal representatives or assigns, or any su ,smelt hereof by Licen- Licensor without the written consent of Licensor in each �t nest assignee, shall be binding upon ance. 13. The PIPE LIFE Shall be constructed, installed and thereafter maintained in conformity with the plans and specifications sat forth in the American Railway Eng— ineering Association. Specifications for Pipe Line Crossings Under Railway Tracks, 1956' for non—flemoable substances. • tr IN WITNESS WHEREOF, The parties have ltc rsto executed this agreement in first above written.ate the day and year ATCIISON,TOPEKA AND SANTA r RAILWAY COKAAiY (Licensor) Approved as to Description: Chief Engineer. • By Its_._ fi^ r'u f: neral Mat*__________ VISTA c TATIO:I DISTRICT /I ��C�z4.A., A,t64k t • CITY OF CARLSBAD ... ��y• � cens� � Its �°,� T ) • EXHIBIT "A" . ACHED TO CONTRACT BETW ATCHISON,TOPEKA AND SANTA FE RI`JLWAY COMPANY AND CITY Of. VISTA AND CITY OF CARLSBAD - CHICAGO, ILLINOIS hi-G-11E13B SCALE: 1 IN. TO /00 FT. CHIEF ENGINEER LDS AA10ELES DIV. DESCRIPTION APPROVED FOURTH DIST. DATE: SEPTEMBER 9, /986 -�—To FUL LERTON IMO OM NEAR FA RR, Sae Diiao Coawn CAL/FORN,I'A CO DIV. DWG. NO. DIV. FILE NO. STA.226/ .3/ MP2Z? #3437.5 TO /1147,o, 4L C/TY SL Msl/N TfrAc DESCR/vT/O/v: A 5/TE CO4TA/N/MS 248?'2 SQ. FT. &SOWN SKi1QED. C.E. DRAWING NO. 1 -06244 G.M. FILE NO. //tY,a0/4 -?s C.E. FILE NO F.a-0a4-o//96 A Santa Fe Southern Pacific Coj Y TGB EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND . V/.rrq SANirAr/oN v/srR,cr /9No Ciry OF C4/24S/3A/> SAN BERNARDINO. CALIF. /Vovr'M.:5E/2 6/ /96 3 DESCRIPTION. CORRECT L✓. • Co /V/? o Y DIVISION ENGINEER SCALE: 1 IN. TO -400 FT. %' PF CAI/N( G2.i Jo Avi i .E.S 4../.s8a, u :0 he i r. — ` - 1 �-� --r 2ti'�_ rt 4 • KIN, o° 1 -09 1 oa �. .1 4A S•Qa.aq�.� -____ 0 y a a J 2/gzr3o.147of • riR2J1•-3.T ES. 2/93 #89.ar M.P. 23/ 14 S4 49. 8 c4c Q ESC/P TI oN M.P,124 r!!S3, S � Na i_. /7./?239r-/L3S•o o• os. • jR 1711 co -44 e 229# /.1-4-3. P : .S. 2334,I1,a - • 'PE ,SS'A. T X/,v4 2-22f 3. 2229 rife o4- Srot. &J•ai.- - - S. 2339•11 uE Jr... 12.1.4.( ' • Ed.•t Ave. P,P Sr.( 7J A vti s. P.;Nr 1 Ath p i` � Tw.•1.4RACK PPaJr..311314r 4N440 Potty nrzt.a; •.vs said 1. 1 o s' o P1t—4t�.og'4� �SI.S*w75+44.4.4.- 1 i OAK ,AYE II • _4 / $ --- rr x, 4" o .' • o' +o .FEWER Pucie /1'YG fro r,oN .f, r. 6-068 ' OF 3 v i; a V. C. P fEWE2 4.vo. /do/' OF V.C./9 JFW5/P 2OCATE0 �' w ON iPA/LL✓AY Co. P/2or.E'r?rY INCLUO /NCa 0"/. — C,oSs/,Vri UN( .dale T /4.- Fo u2 -,i %O IJ rRic r /%A/N rAC.< ,ENCA J'CJ JN SS ' OF 84 // ST,EE,L C'r91/NG PiPf wi rN A 5/8 " 1 /7 L TH/C/e/V,Esx, ,f'Ho wiv Cob 02.Fi To, OP Cr?s,n/G it A /%.,,'!/Ni v/' OF s -. 6 ,C3.E.4. o k/ 8/R. To, OF .fi-we,? ON R/W If 3 ez-4.0W GR04)/vD. CAaLs/3Ar io 54A, Die 0 c :n ka twu Dee IP 4,4 DIV'N ENG.R`S DR'W'G NO. L-7-26