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HomeMy WebLinkAboutAT & SF Railway Company; 1971-10-19;'-•.•'< m.:, ?-• Original tarn 1658 Standard (Approved by G*Mral Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this__19tk ____ day of ______ October THE ATCHISON. TOPEKA AND SANTA PE RAILWAY COMPANY corporation (hereinafter called "Licensor"), party of the first part, and CITY OF CARLSBAD (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 two vitrified clay ( 2 ) pipe line_s_, Twenty-seven (27) and Eight (8) . 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 ofJ?OJl£Ot San Diego jCLOJUntyj California the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, Noi^l^SC _, dated October 6. 1971 , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying afiSfagfi 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-OJML. Hundred Fifty & No/100 Dollars ($150) plus annual license fee of sftv»n .SixtY. Five & NO/ICQ Dollars (765.00). Said annual compensation to_Jba jreyised after Five (5) years. 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 (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 tjrotect 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 fron> 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 01 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 servedupon 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 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 ------------------- ___ __ 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 W. Third Street __________________________ ____________________________________ San Bernardino, California Q2 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. Rider "A" attached hereto and made a part hereof and identified by the signature of C. D. Niemeyer. R I D E R »A» RIDER TO LICENSE AGREEMENT DATED October 1Q _ > 19 "JI BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and _ _ _ CITY OP CARLSBAD _ 13. In oases where Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for non-flanmable subBtancee, the PIPE LINE shall be constructed, Installed and thereafter maintained in conformity with plane and specifications set forth in the American Railway Engineering Association, Specification for Pipe Line Crossings under Railway Track for noo-flaimable substances, Revised 1964, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever nay apply. U. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done In a satisfactory workmanlike Banner and in accordance with plans and specifications approved by Licensor, Including plans covering any falsework, bracing or cribbing that nay be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until •aid plans and specifications have been approved by Licensor. 15. Licensee or Licensee's contractor shall not be permitted to commence work on Licensor's right of way without having first received written notification from Licensor's Division Superintendent of permission to proceed. 16. Any contractor or subcontractor performing work on or in connection with the PIPE LIKE shall for the purposes of this agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractors' or subcontractors' employment for Licensee. 17. Licensee agrees to furnish and keep In force or arrange to have furnished and keep In force Insurance of all kinds and amounts specified below during the Initial term of construction of the PIPE LINE and during any subsequent term or terms dur- ing which maintenance is performed on the PIPE LIME. (a) The Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not less than Five Hundred Thousand Dollars (1500,000) for all liability arising out of bodily Injuries to or death of one person, and, subject to that Unit for each person, One Million Dollars ($1,000.000) for an liability arising out of bodily injuries to or death of two or more persons in one accident or occurrence and (ii) regular Contractors' Property Damage Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss of destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single policy of insurance complying with the requirements of this subparagraph (a) or In separate policies maintained during such periods as such contractors and/or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall insure Licen- see's contractual liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license. (b) The Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, be- neath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished in Licensor's favor (i) policy or policies of insurance satisfactory to Licensor which shall protect Licensor against liability for Injuries to or death of person or persons, INCLUDING LICENSOR'S EMPLOYEES, occasioned by or resulting, In whole or In part, from the operations of the License* or any of its subcontractors, on or conti,<*uous to Licensor's property (except liability due solely to Licensor's negligence), with limits of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of one person and subject to such limitation, One Million Dollars ($1,000,000) for all damages arising out of bodily Injuries to or death of two or more persons in any one accident or occurrence; and (ii) policy or policies of insurance satisfactory to Licensor which will protect Licensor against liability for damage to or loss or destruction of property, including property in Licensor's care, custody or control, occasioned by or resulting, in whole or In part, from the operations of the Licensee, its contractors or sub- contractors (except liability due solely to Licensor's negligence) with limits of not less than One Million Dollars ($1,000,000)for each occurrence. 18. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage of certified copy of Insurance policy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof and to furnish, or arrange to have furnished, the original policy required by subparagraph (b) of paragraph 17. Certificates reflecting the coverage required by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation or modi-fication of the Insurance referred to in such certificates. 19. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by the Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory. IDENTIFIED IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written. THE ATCHISON. TOPBKA AND SANTA PE RAILWAY COMPANY (Licensor) Approved as to Description: By_ Its. Chief Engineer. AS VO hOhiVi CITY OF CARLSBAD Attorney. nsee) v$DIVISION EN 31N6EK. ^, > / fe >dp, - =.^-J*-- V, '//• > < ~s;~*X§*: •-,_ ! 9 •""--.. "" ~. "^ -•ia. /c r '^ -f. *• - . . /i^-^O"' -/I ' T^.-^. :. --/9>iv ^V-J: >"-&:Sw< 'f'f <L- 34 "V, P_ .R_^ -•./- ^,5'^ri- i ^iL;" l"1e «• ^L\, f,.-, ,.,.... • • "*- - - • - - r ivi 0>r^ -*- m K) fJ 0 -fr- >^! a- 5 '"--- ' { ) /— -^^-- ^.^--^-^p;>^i *.'^.•^_\.. /*/ ""^5 s ^'s' .vf' 1. n--B--«.»:^ -.irVx!?- - ?, -,^: :. - . «*. tl--' «> J^ . • '-* . £33 -H0785-3 75-A Of'DESCRIPTION OF PIPE CARRIE PIPE / , ,,.. / i TV, * in .^./;« 6 ?.>V v^- iA TJ-« T;?'<^ c, i -t v. '" '&W > % ? \Jj. , ? 0 I'i '-5 %'. . ^ ? • i .v^ H <d VJ O <n O *» vi 0' >^ CL -^ tx d o ; '"' O o °o " *o D u (.j,- . „ -°° 5°o? i. .K ^- | ^ i&^ T0 N//?. PO:J, ". O •-• ;^gS, « -t * t- «_ -,-H.- J w^r- r SA..M ove.oo/cou^Tt ;C^UF: ^-iSis - - ^t - 7 i^«^ ^* ' ,, U-t-<* '* '' ^ •' t ' , r . r* i ' CARRIES PRESSURE SEWAGE GPA.V ITY jijj LENGTH KIND 7O.O' 5TE&U SIZE 8" CASING SIZE 20" " V .' VI • ~'°r/o0 . ' V r r\">°/> /Vo ^l O I 3O4 93-0 •0785-3LE. §!« -? it— |OrJia ><iE.S. 2ioo+k3.o j? IA.P. 2 33+3S00.9 I-* ??4~ '"*£} * I C^S'-S-IUB S"STJ;i^><V / r /I V f «>'S-T08^^ ^X «r*S^rAr.w7i/«*^.-r<A44/.^.iT^.V.>»z2 _X .«* -V , ^ «*v-c.^ t ; -*°° • • *T " •*-*?' " • T-o- +°a- 1 •"•• ' •**_'. •."'>r^' <Qg i- .1 -><•»" ^1 ... V I.-4 •».,,.• .,^-U-T^^ y..-.^....,.-^-^.-^. . \ .-,.-"'-. . •.Jj.'i=^=-^.m —(•*-]» .»X ••;/--:* •*--'iVf/T'y,'r •"•" -*•-?^. n^-r^^^!^^""*^ • -^ -^i _!'rj ^_."'\toii-a:'r"'^> ..&-..*•-.•/ ^L.., „ ,- ^ ^-z,^_ ^ 4-r« r>/^7-. ^" P"'*1; ^= A r! f" yruB OPR E.S. 208C-V37-0 M. P. a 3^-+ 0560-7 ENiOOT CO^'STRUC \10( F^=^^.'^^"*i-^ri:lr^--A«^i TB-J '~«. * T •>' 7 -T € H r '3 H W ' ir'_^E—— - ••7^ No. 75 "fi .••^ f o o/"*>NJ1 V--^*?-v 3kv '/«.«•' !S741( jy. 'Jttfff *. "*> m isi» » !>o *%&•*»\ 4-/l'Jc - - -s<^ - v. DESCRIPTION OF PIPE LINE UNDER TRACK CARRIER PIPEPIPE CARRIES PRESSURE SIZE KIND SEWAGE GPA.VITY 3" V.C- P. CASING PIPE NOTE.: GROUND C ''•V E R 505^ LIN. FT. Of=^ 27" V. C 5E.WER UHEL TRAKSVEL^Se C TME 4-T-ii. O»ST«»CT N\A>M ANO__i2- Q' v.c.. 3-e.wE. LINE: . 3 v. c.u N D e. R TKACK NO . Z., LFNGTM 70.0'KlhC STEEL SIZE 20 TMtCKN£SS O. 344 BASE OF RAIL TO TOP OF PlPf |0.O' R/W ufNeV ^^^ SHOWN ~cT©'Io£s_o CT . |O.O . TO <j <JLJ The Atchison, Topeka and Santa Fe Railway Company COAST LINES R.H.ADAMS 121 EAST SIXTH STREET J. E. SPIERGeneral Manager . j A SOLLENBERGER F. L. ELTERMAN LOS ANGELES. CALIFORNIA 9OO14 H.F.GLASGOW C. E. ROLLINS Assistants to General ManagerL.B.ENGLISH TELEPHONE: (213) 628-0111 J. G. FRY G^'erafManagers November l6, 1971 Mr. Hunter T. Cook, City Engineer ;•.,.. City of Carlsbad -/; /n -Q 1200 Elm Avenue £-,. ' J// Carlsbad, California 92008 r^L1--••',,.,,, Dear Mr. Cook: '"° *- Attached are duplicate counterparts of License Agreement covering parallel sewer line on our right of way in vicinity of our station Ponto, California. Please have this document executed by an authorized official of the City, furnish evidence authorizing its exe- cution, and affix the City seal. All copies should be returned to this office for completion by Santa Pe, together with your check for $915 to cover the $150 license fee plus the first year's annual rental. An executed copy will be returned for your records. Please note, the agreement will not be effective until we have received and approved insurance from your contractor. Very truly yours, cc: Salkin Engineering Corporation 1045 West Collins Orange, California 92667