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Home My WebLink AboutAT & SF Railway Company; 1964-01-03; 69000ii 1 : u I I 2 ’ F i I I I I I 0 I I I I k C. Ei porrl4ahndd WPP-fv-blcHor) PIPE LtImLICENSE THIS LICENSE, Made this- 31pQ----day of------ betweenm I a- WMm --___-__-__--_- oration (hereinafter called “Licenser”), party of the first part, and I ------- -p--------p -.--___- --- _-I------ -____I----- (hereintiter, 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 andmaintairiWi?-Y ___-___ --- -- -aCa%a-C*-aICCI-aI#---aaaa*--aa--a --- rrU)-CII*QY-cl*---UC--*~-- , w--w -------A--- nches in diameter (hereinafter, whether one or more pipe 1 g the right of way of Licenser at or near the station of ---.---.--the exact location of the PIPE LINE being more part shown by red coloring upon the print hereto attached, No...&?&!-------, datedms$ .--------:--YP --------, marked “Exhibit A” and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying -w _____-____ d _________- . - --.__ - -------- --- _---_ ___-__--__ ___------ &d~&&~-&-t&arry any other commodity or for any other purpose whatsoever. smpensation for this license the sum of - ___-_ - ____ -__--__ -c-I--I.-I--*- -*--y..-- _--- “c-----P -v------ ------- ------_P ---- , ,, ---F.-T------. -- 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 material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and properly 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, 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 tind.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, Licenser 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 (15) days after bill shall have been rendered therefor, the cost so incurred by Licenser, but failure an the part of Licenser to perform the obligations of Licensee shall not release Licensee from Iiability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licenser for any expense incurred by Licenaor for false work to ‘sup- port Licensor’a traclw and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by L@uisor 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 ma sustain&cur or become liable for, resulting in any manner from the construction, maintenance, use, s ate of repair or presence of the PIPE LINE, including any such 7 loss, damage or expense arising out of (a) loss 04 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 thert the date that such termination shall t. t 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 LINEl 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 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 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 hereunder to be given by Licenser to Licensee shall be deemed to be properly served if it be deposited in the United States mail, postage prepaid, addressed to Licensee at~-~!%&!#B!%..~~~ c82iforn3.8 ____-___________~________________I______~~~~~~~-~~-~~~~~~~~~~~~~~~~~~~~.________~----.-.--.-------------~~~~-~---------~~-----~-~~-------~--~~~-------.~-----------.. Any notice to be given hereunder by Licensee to Licenser shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licenser’s ..-.______--......__....-.._...- .______ !!%Y!E~~~.~ent___ .._.___ -_-_-at _.___ K!%V!&.?t. T3%3Xd Sbr@6* -.-...---..-..-. _._ --.-.-_ .L--.. ---_..---.-___ ______ .____._ caltiwnla !l%#lrr 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. 3.3. Tb8 PXPB LPerJJt ah&X br ragnstru~t&, Sasta&X& and tbexeeft8x *%a%&% in ~8~fQ~t~ wab tab8 pl8rMl and Ispeaffilsouans mRt f83HJh in ths, ~~~sn R&%lloa;B hwm4i#g Arsas&tim* SpaetiWt%oar ice Pip Lins Crolearfngs Wde-~ RaShray Txadce, X9!%’ for nmdhwmebllp mbrtims. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. ar$ ATCBIWH TOP ___--_---___-.- ____ ------&-..- Approved as to Description : _._._-_ - _________--___ -__--__-----_~ ---- Chief Engineer. City of Carlsbad ., ‘I ,;,’ ( 9:). “4”. !:& ( :; 8, g&‘,‘” ,,’ -. I.*- ‘:$a, 2$$* :&“..@rxr,e o-gg t-3y *dp+.c ‘*r $$e- ,~.<‘< $;>-i : YE ,~ -. j’ ; I g : ,, pg# OFFICE OF DIVISION ENGINEER J. W. CONROY, Division Engineer W. L PAUL, Assistant Division Engineer M. W. LLOYD, Office Engineer Telephone Turner 4-9111 1170 West Third Street, San Bernardino, California February 19,1964 Carisbad, CtiifoPI’kia I-43094 Gentlemen: I wish to refer to your letter of 28 January file . I am enclosing a fully executed copy of 33LXIl80 covering the tWoDosed installation of an 8" 8ewer line on right of wqy near Carlsbad. Yours truly,