HomeMy WebLinkAboutAT & SF Railway Company; 1969-04-24; 131158Santa Fe Or: gtoaT-ootr^t NO. JL3113S
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Perm 1458 Standc d SttCttlhl), I&3 A. I. «« i. r. Sy. CO.
(Approved by General Solicitor) '_ ~——— T
PIPE LINE LICENSE
THIS LICENSE, Made this_ 24th—.day of kprU , 19.-6-9-,
hflt.wm.ii THE ATCHTSflS.TOPSKA. AI-iD SANTA FE RAILWAY GCMPANY ,
a Kansas— — corporation (hereinafter called "Licensor"), party of the first part, and
CIELJEJGAELSBAD
(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 --'..----- - • -.-.-. - - - __-. J
( - —) pipe line. — r — -. — — — — — — — - — — —-.-. — — — _ — — — — —— ____ — — — _
Ten(lO)—r-.—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-Farr, San-Diego
. jSQUirby»Cal 1 f nrn 1 a the exact location of the PIPE.LINE being more particularly
shown by red coloring upon the print hereto attached, No.-L=3--r3.QQ32. , dated April 22,1969
:_' _____ 1 ; ' , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying—Water
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 .
One Hundred Fifty and Mn/lQQ Dollarg($15Q.OQ)
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 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, itselfperform such work as it deems necessary for the safe operation of its railroad, and in such event Licenseeagrees 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. 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 or 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 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 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 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 _________ _________ '.
12QQ Elm Avemift, CarO shari _
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 ______________ at .1170 WestThird Street, San Bernardino f -
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 Association Specifications for pipelines conveying non-flammable substances
dated 1964.
IN WITNESS.WHEREOF, The parties have executed this agreement in duplicate the day and year,first above written.
THK ATOHTSni'JjTOPBKA AND SANTA 'FK' RATH-JAY' GCMPANY " " T(Licensor)
Approved as to Description:
By . 7 .^Q.^
to C^neral Manager
* Chief Engineer.
APPROVED AS TO FORM ' L CITY OF CARLSBAD
Suotrintendenf
gupb.FJ.e No.0-43017
J
&&£,
(Licensee)
. .< EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THF ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY of CARLSBAD
SAN BERNARDINO. CALIF
APRIL 23,1969
DESCRIPTION CORRECT
j. w.
DIVISION ENGINEER
DE5CRIPTIOKI:
A 1O" \A/ater Lina. Encasad in 5 O' of 2O" 5 tea. » Casing pipe.
With o.W<xl\ ThicKn<z.5S oftfi" LocaVad on RaiVujciy Company
<xnd Crossing Under the Fourth D/slric* M <x'i n
Track Shou-in Colored Rad.
Top of Cas'ing is a. 'Minimum of 5' 6" Belouj 8as<z of Rails.
AT
Picao COUNTX , CAUIF,DIVISION ENGINEER'S DRAWING NO. L-3-3#O3 2_
c.ti-c-i.. Z4-- ao&o/
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.Margaret E. Adams
I,/ , City Clerk of the City of Carlsbad, County of San Diego, State of California,
hereby certify that I have compared the foregoing copy with the original R.6.S.O.I..II t l.O.n passed and
adopted by said City Council, at a....r.e.gii.l.a.r meeting thereof, at the time and by the vote therein
stated, which original ...Re.S.O.l.U.t.l.O.n is now on file in my office: that the same contains a full, true
and correct transcript thm-from and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this ...litHay of June,-.13-63
(SKAL)•4
City Clerk
\J |«* =ie
ST
*>rm 1638 Standard
(Approv.d by G.n.rol Solicitor). _
PIPE LINE LICENSE
THIS LICENSE, Made this._ 24th- ...day of Aprii
fJHE AVCHISQIy.TQPZKA AiiD SAKTA FE RAILWAY CqjPANY __ _.-. ,
a l^uwaa 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 and
agree as follows :
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and Tnaintavn — .-. — — — -.—-?—«- — — -. -. — — — — — — — — _— . — . . ~_~
----Tar., 1 10)— r-- ___ 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
i£ arnia ____ the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No.Ju=3-3-QQ32. ______ , dated— _/>pr:i 1 ..23.A969.
___ :~J ________ , ____________ : _____ , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying— water ------------
and shall not use it to carry any other commodity or for any other purpose whatsoever.
8. 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 andproperty 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 (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 sup-
port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and
for 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 or 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 isV**cn by Licensor and accepted by Licch,.^ 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 hereundcr, 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 shall
not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by
Licensee to Licensor 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 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 — --------------
rnia.-SJ2.QQ8
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 ---- . ----------------
____Su2erintendent ____________ a^ 1170 V.estThird. Street, San Bernardino,
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
Licensor without the written consent of Licensor in each instance.
13. The PIPS LIKE shall be constructed, installed and thereafter.maintained in
conforruity with the plans and specifications set forth in the American. Railway Eng-
ineering Association Specifications for pipelines conveying non-flammable substances
dated 1964.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year,
first above written.
THE ATGHT.SnN,TOPF.KA MM SANTA Fft RATTffAT GCKPANH . (Licensor)
iatant to General Manager
CITY OF CARLSBAD
(Licensee)
•1 EXHIBIT 'A'
"TACHED TO CONTRACT BE!. .VEEN
Tnr ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C 1 T V of C A R L S B A D
SAN BERNARDINO. CALIF.
APR\L 23,1969
DESCRIPTION CORRECT
J. W. CONQOY
DIVISION ENGINEER
To Nl A T i ovj A \_ C try
- P.'at. (Mo.Jr. 7Vo-c.k -
THE- AT 4 S.fT
E.5.
M-P
HO" Woie«-Linc
DE5CQIPT10W:
A JO" Wat<Z.v Lino. Enco.s<zd \n SO'oC 2O"St<z.o.\ Ca-ting Pi'pe.
With o.Wo-l\ Th xcKi-vcz.5s o^^^" Loco.V<z.d on RaiVujcxy GompanLj
Pr-opacty cvnd Crossing Undefthe Fourth Di'siKici M <x in
Trac-k bhou^irk Coio»'o-d Rcz.d.
Top of CQ. sing 15 A Minimum of 5'6"Balou> Base of Qa.'il5.
AT
DIEGO CO-?>.TX ,DIVISION ENGINEER'S DRAWING NO. L-3-
I