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Home My WebLink AboutAT & SF Railway Company; 1965-02-25; 70613- a C. tD ; fi P VI” !2 0 : I , I I I ! , I / , I I & . ul 3 e m : I I f / ” =r py / I : 1 I I I 8 I I , I I 1 h 0 c! i3 h 7 I I I I , I I 1 I I I 1 j form 165s sledad (ApPmd h OenDmI son*) PIPE LINE LICENSE ‘MZIS LICENSE, Made this--a-day of--- ------J--a =-e--B --- efirstpart, and .-----__ ___I_-.-_-_ ----- ---_l_-l__-____-- -4 (hereinafter, whether one or more, called “Licensee”), party of the second part. 9 WITNESSETH, That the parties hereto for the consider&&%%%% ~herejxn&es@$?%refq~ covenant and c 3. agree a8 follow8 : 1, Subject to the term8 and condition8 hereinafter set forth, Licenser licenses Licenslee to construct “A? .., + c andmaintaim--=-+L)titi .L-~- s -u-r A* Ungr~~r%,auw-raar~r,~~--~-~~~~---~~~--~ )4nchea .in diameter (here-, whether one or more pipe lines, called the “PIPE acro88 or along the right of way of Licenser at or near the 8tation of the exact location of the PIPE shown by red coloring upon the print hereto attached, No.-- ----, dated---o -I------------ _- -----, marked “Exhibit A” and made a part hereof. 2. Licensee 8hall use the PIPE I;I‘m sddy for carrying ---G: --- . -a- ---L_- and shall not u8e it to carry any other eommo&&orK& other purpo8e whatsoever. compen8ation fur this li&3n8e the Burn of- ____________ __- _-----_- --- -..-..--..-- ----____-_-_______ -___-~- --.---_--- __.-_ ~ --- ~- 4. Licensee shall, at its own cost and-subject to the supervision and control of Licen8or’B 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 8ource of danger to or interference with the present or future tracks, roadbed and property of Licenser, or the safe operation of it8 railroad. In ca8e8 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 pre88ure, the PIPE. LINE shall be constructed, installed and there- after maintained in conformity with the plan8 and specification8 shown on’ print hereto attached in such ca8e8, 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 obligation8 under this paragraph, Licenser may, at its option, itself perform such work as it deem8 necessary for the safe operation of its railroad, and in such event Licensee agree8 to pay, within fifteen (16) day8 after bill shall have been rendered therefor, the cost so incurred by Licenser, but failure on the part of Licenser ta perform the obligation8 of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licenser for any expense incurred by Licenser for false work to aup- port Licenser’s tracks and for flagman to protect it8 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 Licellsor, may sustain&incur or become liable for, resulting in any manner from the construction, maintenance, u8e, state of repair, or presence of the PIPE LINE, including any euch 10~8, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of per- son& (c) mechanics’ or other lien8 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 it8 election forthwith revoke this license. 8. ” THIS LICENSE ia given by LiceIlsor and accepted by Licensee upon the express condition that the 8ame may be terminated at any time by either party upon ten (10) days’ notice in writing to be 80&d .- - upon the other party, stating t ein the date that such termination sh. take 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 shall fail to restore Licenser’s premises as aforesaid within ten (10) day8 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 Lioensor to Licensee shall be deemed to be properly served if it be deposited in the United States mail, postage prepaid, addressed to Licensee at -_____-___________________ xf4!mh&~~W~& ____________ - ________ - __------ - --____--__ - --_-- --- --__--- ----------- ---- - ---_ - _--- - ______--_. Any notice to be given hereunder by Licensee to Licenser shall be deemed to be properly served if the 8ame be deposited in the United States Mail, postage prepaid, addressed to Licensor’8---- __________________ -J!XBlEtitd~%_- ___________- - ____ -__--__- __.____________ at __.__ X3? ____ W#& _.__ %&!&.&!&&+&K c ..~W~~~9~ ____.______ _ __-__ * _____._____________.____________________---------------.---------------.-------------------------------------- . 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 agreement8 of such parties. 12. All the covenants and provision8 of this instrument shall be binding upon and inure to the bene- fit of the successor8, legal representatives and assigns of the parties to the same extent and effect a8 the 8ame are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen- see, it8 successors, legal representative8 or assigns, or any subsequent assignee, shall be binding upon Licenaor without the written consent of Licenser in each instance. l3CTbBPXB <paa8tr\lacdi, Inst8ll8d alad th8xa8ft8x ?3bAbtw ;tn croniodty u3Ml 8prwUhthr aat boP&h %n the A.n-x~* JimmQtittin EQifq$a~t; for P&p8 I&u8 CxQilBs@lb 1956’ fox mm-f-h ntbecel. IN WITNESS WHEREOF, The partie8 have executed this agreement in duplicate the day and year first above written. ! _________ - _____ --___ (Licenser) Approved as to Description : -_-_---_-__-- ------- Chief Engineer. . &&d$-U icenaee) _L -___. .--.- --. --_I- ,-..- - .-.- . -I . -. -I_-.- I.-- ---. ----_- K-43063 _- w E:Xi-liBI-i- ‘“A” -’ ATTACHEU “~‘L.I CCINTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY C~TV of CAQCSBAD SAN E3ERNARDINO. CALIF. Februarcj 4, I965 DESCRIPTION CORRECT , c J. w. CONQOY DIVISION ENGINEER Jo FULLEETON ! -- Carisbcld Next T--- we SO’ >:-... 0’ 1 qa’ S.Jnir &I* a +J f. z ‘. *“% ,. TO NAflOhlAL c t7Y, -a _ _ PonSo Ntrvt. u-i --T I, --y4 , 8’) cc,.c rJ.h.” 50’ fi 9’b Dist. Mcr.vn Trash -“J + -i-HE A.Te 5.k QY. co. so’ i 1 :;, 0 p:;! 31 Pi, , h, z Q I DESCQIPTICW I “SAY.--..- _ -. -_ --.. ES.ZZZJ+O6.6~ N.P231+Fi27.8 Q 6"Sewa.v Line 4 6” A.C.P Sawal/ Llna Enccxsad in 5O’oC 12” 5 ~QQ \ Cacinq PipQ With a Wall Thickmass of l/4” PropQrty qnd LOCa+Qd on Ratlwatj Company Cross~hg Under the Fourth Dlsiric+ Ma,113 T-rack Shown Color-ad Qad, Top of cas’lny is o, Mrnrmum of 5’6” 8QiOU 8a~e of Palls. AT FAQQ SAN DIEGO COuNTY , CALIF, DIVIS~C:~N ENGINEER’S DRAWING No. L-3- 27079 -__1 _.__ -.^-l_ - ___-- _I._ ----.---.__.- -.- CO’O”‘,l £^ui. TV Crlfa--J Contract Secy's No.-f.MLL'-> Ferm 1658 Stondord SANTA FIT ROUTE (Appramd by Gmcrd Solicitor) West of Albuquerque PIPE LINE LICENSE THIS LICENSE, Made this ,25th- day of February , 19_65—, THTT. tTnUTRflM.TnPTnU AWn .qAKTt W. RATTWAY P.OMPAMY . a Kansas corporation (hereinafter called "Licensor"), party of the first part, and CTTY OF (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 - r -__=: ^«_f- Six(6)-jg-a_inchea 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-farr r, San Diego -County ,Ca1 -i f nrn-t a the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No—Le3s27QZ9L , dated.-.r.e.bmAry. 4*1965 -J ' ....."_: , marked "Exhibit A" and made a part hereof. - 2. Licensee shall use the PIPE LINE solely for carrying —sewage __ — 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 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 orhighly 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 suchcases, 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 (15) days after bill shall have been rendered therefor, the cost so incurredby 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 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. Lfcensee 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 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 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 PIPELINE 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 hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States mail, postage prepaid, addressed to Licensee at --- 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 ---- ..Cali£orriia,.92ULQ. 11. In the event that two or more parties execute this instrument as Licensee, all the covenants andagreements 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 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, 19561 for non-flammable substances. - -IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. " THE ATCHISOH^TOPEKi AMD "SANTA EEJ&d&Ar CQMPASY" (Licensor)••------••• •• - - Approved as to Description :