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Home My WebLink AboutAT & SF Railway; 1961-07-06; 65984OUTE of Albuquerque Form \65» Standard . . ' (Approval by 'GciMral SoBcitor) . PIPE LINE LICENSE • I ' ".:.•. ••";'.' " '. '":-'" THIS LICENSE, Made this 6th day of JuiJl , 19...6JL, between-JHE^ATCHISONjTgPEKA AND SANTA FE RAILWAY COMPANY , a Kansas: corporation (hereinafter called "Licensor"), party of the first part, and CARLSBAD MUNICIPAL WATER DISTRICT (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 aa follows: 1. Subject to the terms and conditions hereinafter .set forth, Licensor licenses Licensee to construct and maintainOne ' - - - "-''- - -" •-----'- :( 1 ) pipeline J- p -"- '--'-'_ -•-;•-•.-: -I'--- —•- -.- : ».-- --;;-. - -' -. • =—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_J^JJatQ,_San_Diefio Q5li5*Xjt_pj!lifornla the ^^^ location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.k^?4^87 t dated—Jg3jLl4jl96l , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying _na.tfijr_ and shall not use it to carry any other commodity or for any other purpose whatsoever. /•-•£& \. ~'4.i -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 willnot 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 or gas, or petroleum products, the PIPE LINE shallbe constructed, installed and thereafter maintained in conformity with the plans and specifications shownon print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licenseeshall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph/Licen- sor may, at its option, itself perform such work as it deems necessary for, the safe operation of. its tail-road, and in such event Licensee agrees to pay, within-fifteen (15) days' after "bill shall have- been ren-dered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obli-gations of Licensee shall not release Licensee from liability hereunder for loss or damage occasionedthereby. . 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 of repair, or presence of the PIPE LINE, including any suchloss, 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 thatthe 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 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 onwhich 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 by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which mayhave been paid hereunder in advance. 10. .Any notice, request, instructions or revocation of this license to be given by Licensor to Licensee hereunder shall be deemed to be properly served if the same be delivered to Licensee, or if deposited in the Post Office, postpaid, addressed to Licensee atl.263EL^.ta.ta.jStrftflt, Carl abad^ Cnl 1 fornla.._ 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. .' A.'...' :" • ' ; • ':'•'• '••:• •' : ."'•-"• ~ ••.'.' •"• i ;..:. 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 thesame 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 Licensorjn 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'*' SpecificatlbhVfbr Pipe Line Crossings Under Railway Tracks, 1956* for non-flammable* substances.-1'••'•;-: •;:. .'.-p :;'-...;• :;.- - • -. _ _ _ -• IN WITNESS WHEREOF, The parties have executed this-agreement in duplicate the day and year -.first above written. .. . .. _ _ ;.--. .; _-_" " " AT"CH"I^N,TQPEKA "AMD "SANTA "FE"RA£WAY' COMPANY"^c^r) Approved asjto Description: Assistant co General Manager CARLSBAD. MUNICIPAL WATER DISTRICT (Licensee) G-V3039 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND CARLSBAD MUNICIPAL WATER DISTRICT SAN BERNARDINO, CALIF. GTULY 14, 1961 SCALE: 1 IN. TO DESCRIPTION CORRECT DIVISION ENGINEER IOO¥T. NATlONAUClTY Mo. 73-A = 0° 15' Csl DESCRIPTION/x:A /&-tncH A.C. class \so water mam, encased in no feet of 5icel encasement pipe ei'o.o. and y<s inch U/Q|| thicKrxess shown red. »• Top of casing to be a minimum of 5.5" -feet beloui baae of rail. A/car- San D DIVISION ENGINEER'S DRAWING NO. L-3-24687 •/ ft L S B A ^ w^r"-1' V v\'»4 X'^X^l >VT CARLSBAD Leoend-. -; .4 of proposed-sewer Shown by red lint. \x 7^ -.W^CURVE NO. ?fe^k^'-^^^• • I • . 1 ~T- r'i • L • - ••n<i*j-^-*-e-V.-y V—^ ^ -I " > III .. -. *•.--_—i -—J .'l v'-t-U-^.-.:.-^ ^.-^".qJCZ'iyv i.-rt .fr~: M^K ' \/l I "' - - ' —f^rT——j[*j*a"**'*' ''j7' "~\ \ — 7 ti" : • «_ 'ic • *.f' '<* .t,\\ . r<< . !;« 9 • A EXHIBIT "A** ATTACHED TO CONTRACT BETWEEN CHISON, TOPEKA AND SANTA FE RAILWAY COMPANY • to Otaajt »f. AND L CARLSBAD SANITARY DISTRICT «O vfi«o 10 ' : s ANGELES, CALIF.L.H. POWELL CHIEF ENGINEER . SCALE: I IK MOO FT:-. , •.-.--,; ,'• -..-.vv- ^vc.,- --•-..- y.-.r >:•'-•".-•• r."-----*--^.^.'-^.^-^*.;^ "!•'•«. «'^| '-<;•>'->!• -•••*<•- 'it** V'-'/V1 ^7>:^J^^M