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Home My WebLink AboutAT & SF Railway; 1958-11-10; 62685Contract S-cy's Form 1658 SUnd«rd by Q*«wml Solicitor)COPY PIPE LINE LICENSE THIS LICENSE, Made this 10th ,uy Of Uoxemiier. :__.. 19...5B...., between__THE_ ATCHISQN,TQPEKA AND $-VNTA F"1, RAJr.y^Y COMPANY a Kansas corporation.(hereinafter called "Licensor"), party of the first part, and CARLSBAD MTTNTCIPAT. MATE?? nTSTRTf.T (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 main- tain One — —. — — — — — -. — — — •. — ». —' .1 -.^ .. —~TI~ _-L-.r*—ri-_^-_=—•r—s_=L-r._r-.~-=:..r.-r...r...r..~..- ( 1 ) pipe line..._rr.,r 5ight(8jl...r._T..-....inche8 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 o• . •-fi'"''"~"ji*«' i ' I • ...- . , . i . ..... ..•'' •••—•—-- ••-•--•- • '•- ••• -:•-.-. the exact location of "the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.Ic3r23232 ---------- , dated_Qc.toJber_JQ,195& .. . . . _________________ , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying_.YL%1ier. --------------------------------------------- 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 ofJCfiUQ.jafld.Jfo/lQQ_.Do.lljarjR.... , at ita.own cost'and subject to'the supervision and control of Licensor's chief engineer,'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 under paragraph 2 hereof to use the PIPE LINE for oil orgas, or petroleum products, the PIPE LINE shall be constructed, installed and thereafter 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, hi the judgment of Licensor, 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 rail- road, 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^ 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 support 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 hi 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 persons, (c) mechanics' or other liens of any charac- ter, or (d) taxes or assessments of any land. ' • . ' . 7. If at any time Licensee shall fail or refuse to comply with'or carry out any of the covenants herein 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 Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way nnd tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In c;ise Licensee shall fail to restore Licensor's premises 83 aforesaid within ten (10) days after tho effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from aay liability or obligation hereundcr, whether of indemnity 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 here- under, except the proportionate part of any recurring rental charge which may have been paid hcreunder in advance. 10. Any notice, request, instructions or revocation of this license to be given by Licensor to Licensee hereundcr shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, post- paid, addressed to Licensee at ...C.ftr.lJllJ9fil,._CalifQrjaia. .:. - • ** » 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agree- ments 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 benefit 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 Licenses, its successors, legal representa- tives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. ........ . . : 13. The PIPELINE shall be .constructed, iris'talled 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, 1956' for non-flammable substances. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written." '••-•' -.-.•• .. • ••-;.-•..'-•;...:.•• ; vu ?•;•- -Cv £.;• :.-:.'-;:-;7 / ' ' . '•••'./•;<T - - - TMJITCHISQN^T^^,^*\ Approved as to Description: By-— Ite_ (Licenaee) O - 4 3111 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CARLSBAD MUNICIPAL WATER DISTRICT SAN BERNARDINO. CALIF. OCTOBER 30,- 1958 DESCRIPTION CORRECT ** ** 'DIVISIO'N'ENGINEER SCALE: 1 IN. TO iOO FT. ^ TO FULLERTONFARR NEXT. STA.TO NATIONAL CITY ENCINITAS NEXT STA. loo' 4,^ S€M/V_A COMW. MlOES—' A.T.&S.F. RY. \v /$MAIN TRACK ,po«t« wiarsscctl xt5143>IDO E.S.2O73*63.7 - M.P.234+IZ34.0' t 8"WATER PIPE ENCASED JN 215' OF |fc"$ *£/|fe" STEEL CASING. DESCRIPTION AN 8" PIPE CARRYING WATER LOCATED ON THE RY. GO'S. PROPERTY AND CROSSING UNDER THE RY. GO'S- FOURTH DISTRICT MAIN TRACK AMD TRACK Ne. 2. AS SHOWN COLORED RED- PIPE IS 5.5' BELOW BASE. OP RAVL. AT PONTO, SAM PI EGO COUNTY, CALIF. DIVISION ENGINEER'S DRAWING NO. L-3-23232.