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Home My WebLink AboutNorth County Transit District / AT & SF Railway; 1931-02-26; 33144AMENDMENT TO PIPELINE LICENSE This AMENDMENT TO PIPELINE LICENSE is made effective Dece6b-r \ . 2009 by and between NORTH COUNTY TRANSIT DISTRICT ("NCTD") and ClTY OF ' CARLSBAD ("CIY). WHEREAS NCTD is a successor in interest to the Atchison, Topeka and Santa Fe Railway Company, and CITY is a successor in interest to the Carlsbad Sanitary District, and NCTD and CITY are parties to Secretary's Contract No. 33144, dated February 26, 1931 and amended December 1,1948, and ClTY desires to install, use, maintain and repair a new 16" PVC sewer line within a portion of NCTD's property at approximate Milepost 228.9. NOW THEREFORE The parties agree as of the date written above, that approximately 214' of 16" sewer pipeline encased in 30" steel casing as indicated on Exhibit "A" attached hereto shall supersede the prior exhibit for that portion of 15" pipeline identified as "ABANDONED 1 5" VCP SEWER", and Remaining portions of pipeline depicted on Exhibit "A" to Secretary's Contract No. 33144 reasonably reflect the current use, approximate location and dimensions of facilities within the railroad right of way. Executed by Lessor and Lessee as of the date first written above. /-. NORTH COUNTY TRANSIT DISTRICT , Matthew 0. \ruck& Executive Director Its: M$qhZ, Approved as to Form Approved as to Form By: Ronald Kernp, beputy Ci ty Attorney EXHIBIT 'A' ATTACHED TO CONTRACT BETWEEN NORTH COUNTY TRANSIT DlSTRlCT AND MST 10' CARLSBAD MUNAL WATER COMPAW E;SLCT f 55-200-02 EXST 8' WLSBAD KC 07-18-52 --- jEscRlrnb& 21427 LINEAR FEET OF t6-INCH CLASS 150 PVC GRAW SEWER WN LOCATED ON NCTD PROPEKlY NORTH OF THE TRACKS. PIPE SECMaJT UNDER GARtSBAD BOULRIARI) fS ENCASDD IN %INCH SiEL CASING PIPE wir~ A WAIL THICKNESS OF a.z? SW IN FEET SUPPLEMENTAL AGREEMENT between THE ATCHISCN, TOFEKA AND SANTA FE RAILWAY COMPANY •and •CARLSBAD SANITARY DISTRICT Amending Secretary's No* 331 Wi» substitution of print* •Dated: December 1, 1?U8. COPY SUPPLEMENTAL AGREEMENT, Made this 1st day of December, 19U8, between THE ATCHISON, TOPEKA AND SANTA FE RAIL- HAT COMPANI, a Kansas corporation, hereinafter called "Railway Company11, first party, and CARLSBAD SANITARY DISTRICT, a California corporation, hereinafter called "District", second party RECITALS: By an instrument in -writing, dated February 26, 1931, between the parties hereto, designated in the records of the Railway Company as Contract Secretary's No. 331Vl (hereinafter for convenience referred to as "Original License11), the Railway Company accorded to the District license and permission to.construct, maintain and use a sewer line carrying sewage along and across the right of way and tracks of the Railway Company at Carlsbad, San Diego County, California, at the locations shown by solid red lines and particularly described upon print of Division Engineer's Drawing No, L-H-11266, revised February 23, 1931, thereto attached, marked "Exhibit A", and by reference made a part thereof. Recently an additional connection to a branch line has been made to said sewer line by the District, and it is the purpose of the parties hereto to supplement the Original License in the manner hereinafter set forth. AGREEMENT:.- .....;-•- .......,;'. .•.*,'•"- . ' .•;--'•"V '—'-T •' NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That print of Division Engineer's Drawing No. L-ll-11266, last revised October 26, 19U8, hereto attached, marked "Exhibit A", and by reference made a part hereof, correctly shows by solid red lines the location of said sewer line across the Railway Company's right of way and tracks as it now exists at the aforesaid location, and that said print shall be and it hereby is substituted in the place and stead of print attached to and made a part of the Original License, idth like force and effect as though in the first instance attached thereto and made a part thereof. 2. That, as herein supplemented and amended, the Original License shall be and remain in full force and effect. IN TNITNESS HI/HEREOF, the parties hereto have duly executed this Supplemental Agreement, in duplicate, the day and year first above written. THE ATCHISON, TOFEKA "AND SANTA FE RAILWAY COMPANY ENO'R. COAST UXH3 MOV28 AS TCI FOR?.! Its Assistant tc General Manager ATTORNEY Form 1G58Sten8ard "-3 (Approved by Q«n«ral Solicitor) _v _.COPY PIPE LINE LICENSE THIS INSTRUMENT, Made .this....:..2.6.tJl.....'..'...l.day of ...... ! ....... . ....... J&hruary..'. ....... '.Ill- 19....31, between ........... 3m.XECHISbH^-iaB^..Aim.^ COMPANY, .__• l'j V ': '1-V ' ' v •.-.,-• . .-,... .. .. ..... ............ :•-..••;* - •«;-«•;• Jxaiaaaa......:........corjx)ration (hereinafter called the "Licensor") ," party of the' first part, and J I . ' S.I(hereinafter, whether one or more persons or corporations, called the "Licensee"), party "of the' second part. -•-"\IN CONSIDERATION ^^^^^ DOLLAR, (S5*QQr.rr'.s.}:.)^in hand paid by the Licensee to the Licensor, the receipt of which is hereby ac- knowledged, 'and .the ' faithful performance :by-,the Licensee of the. covenants herein contained,: the Licensor licenses the. Licensee to construct; and maintaSn...::.oiie.....--.:;(.-;/l.-.U.) pipe line;..':; .par.t:'.A.;in.cJtlfia»!..;^::.;J. ^ari^eir^a^ m%unetej\(^ 'or more' pipe" lines',' called the "CROSSING''), to be used for carrying w ''' '' '' ' ..— -—•;•;— —:-;-».;»r«-.--;-:-.-across or along the right of way of the Licensor at or near the station of...5£.?:.r.?5a.S.* ........ -S^..Di.^0.;t;CQmhyj':...Calll Q.rnia. ................................ the exact location of said pipe line or lines being described as follows: As per descriptions shown on Exhibit "A" attached; °- uoi— J::G r:>-".iiu-? ;icci :;n>. |i.i;;;]KX (H s;.\]^;;:uj {•i.<:~-::i^i r>:; i::.;^!;-;;::^ .>:. ':^:ci.A:-;5} ^-u;c;j t;v.-. ;:v;.v ^t.:-.:;c j i;^s p-;r.;i'OL t:';-/;-. Li^v-.-.o !.••:;; •-::"•".• i.-.> li: vr r;'« •"•"'-•-•'-'?•' >;• ij.". •vm-,-*.' y_o joia.'j'JVfT.Tj }jr.:c.'-! "'';.;i; -•"•• l'::;: « ij.^iOi-. n-..: vir.ii.'s'c i :_-..::;:;'- .- 3-} -:ioLt-';.f;«q .v.rtjj.'J :':u Cjf»i q .-: •-• ;r-:••;£. ij>'; 'r^ccrj/.o n-rro o: fi-.'.?;'jC7- :;:.-;i r,; ..-o "7.-7 T'','• ':"'-". I X' "* '•'•'•'*'•"• ~ i'-1' I:; '•'''• ij:-' j'j'-fiU--** said pipe-.line 9 j| lines ^being-more particularly shown upon the print hereto'attached "marked" "Exhibit :AlVJaiid"made a.partrhereof;^ o:vor. t..'-.?^---:'. ;••.•/•.-.«/;.::.-.:!|---r;i »;r.. (•;•: •-'.i-- ;-.:.-:. -,:;-...-.;.; ••; . -: iv:J-'-t' '•-.'-.\ vi--'""/ ! -'•..;.• ' •». ,•'.'-.-.-.—.• ,...." ..— , ,..• f. .; ..•».!••• •; ••;;• •••••;,; ;;•?'; .:r •>;•;?" '"•'/.". t 5'". •' 57"" i".-f?r £('••*; jWO r'".ir.'i;." *,.'«iii i;i ','•"'< ^:;'JN;CONSIpERATIQN'.ipf the "foregoing licensX the Licensee/agrees, at its own cost and .subject to. the su- pervision .afid control jof. the Licensor's chief engineer,, to locate,-construct .and maintain the .CROSSING'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 tracks, roadbed and:property of .the Licensor, or the safe operation of its railroad, and JDOtancat that said CROSSING Xlfa&JWLJVXAJiSlXfhQL&Xxik shall be constructed, installed -and thereafter* maintained in'conformity with the" plansiand specifications shown on the print hereto attached -marked "Exhibit B"a"nd made.a part hereof..'If at any time the Licensee shall, in the judgment of the Licensor,' fail to properly: perform" its "obligations under'.'this section, the-Licensor may, at its'option, itself perform such work' as it deems necessary for' the safe' operation of its. railroad, and m such event,the Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by "the. Licensor,'plus" a sum equal to ten per .cent (10%) thereof, but fail- ure'on the part of the Licensor'to perform the obligations of the Licensee, shall not release the Licensee 'from liability hereunder for loss or damage occasioned thereby.' The Licensee further agrees to reimburse the Licensor for any expense incurred by the Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation of said CROSSING and for any and all other expense incurred by the Licensor on account of said CROSSING. The Licensee further agrees at all times to indemnify and save harmless the Licensor against all claims, de- mands, actions or causes of action arising or growing out of any loss of or damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of :the .CROSSING, "and to pay to the Licensor the full amount of any loss or damage, which the Licensor may sus- tain, incur or become liable for on account thereof. :.:.•..:.-::..-- THIS LICENSE is given by the Licensor and accepted by the 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, the Licensee, upon demand of the Licensor, shall abandon the use of the CROSSING and remove the same and restore the right of way and tracks of the Licensor to the same condition in which they were prior to the placing of the said CROSSING thereunder. In case the Licensee shall fail to restore the Licensor's premises as aforesaid within ten (10) days after the effective date of termina- tion, tin Licensor may proceed with such work at the expense of the Licensee. No termination hereof shall re- lease the Licensee from any liability or obligation (whether of indemnity or otherwise) which may have attached hjed previous to or which may be accruing at the time of such termination. Hy notice, request, instructions or revocation of this license to be given by the Licensor to the Licensee here- shall be deemed to be properly served if the same be delivered to the Licensee, or if deposited in the post- office, postpaid, addressed to the Licensee at .ya;cl§fca.(!U....Gali£o.£nia< In the event that the Licensee herein embraces two or more persons or corporations, all the covenants and agreements of the Licensee in this license shall be the joint and several covenants and agreements of such persons or corporations. . 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 the Licensee, its 'successors', legal jEeco representatives or assigns, or any subsequent assignee, shall be binding upon .the Licensor without .the written consent of the Licensor in each instance. . . ' '..,'•,.. ........ . ' '--IN WITNESS WHEREOF, The parties have' executed this agreement in duplicate the day and year,first above written. :•••..-.-• • ^- •• • - •- -• E..1;.:..:: RAILWAY"COMPANY, Superint&zvteuc Approved as to Description: • •' " Chief Engineer. „ (Licensee) .. </>&uiocoo &&-f£8SViS^L+3^^ CASE: i./cssthart 2.Sf}. from center of near track. ^ cufirert pipe,x. ( CAS£ JJ. C0J7 iroo pip a ..«r ~-IL- ., -/7/<s>/-«r«/ c . U #<?>it red fiy Gene Q %^ fij . -. . • « oncre.fe. pipe •' Concrete./ * /C33 than ZS f1. from £• enfer' of- near track.^/ AJ *. it* / _/P™/ )y^- ^ /va/ narmyc-r.s1 • .xff7 1% ' '7r/^?r>i'**F77pi^ '..'.- • ' ' . . ' .* * ' ' 3 _L i7 — ' 11 ^*/ ye fee/ O/bj per square /rrch P'/>£ may be reinforced cerjersfe, <dc*s/gncc/ to >v/v of not Jess than SO ibs.per 3<fL/are inc.h ; (<3) for *s/zcs vpto and rncJue/fnci i concrete not /c-ss than <S inc.hc3 in f/7/c.Mness; 3 crncf tnc/isd/rio, 36 Jr?c/? -shallbe of jtanc/a ff/ " * h Jo/nfs encased with concrele blocks no1 "FXHIBIT B and /«9 inches in Je/i^fha/ono the Pfpc. ^ . • • THE A.T. 8,5. F. RAIL WAV Co. nchftpc maybe :- tfy co*f*</ ,**,<*: pUN To ACCOMPANY LICENSES .and eneajc.a Ht/h G> inches of concrete ••, '• /Z inch c/^mefer one/ 8 /*<:*** /or FOR UNDERGRADE ^CROSSINGS OF ,-...- ... . . . ' • NON-JNFLANNABLE 6UBSTANCES.id 3p/ao/ pipe ni 1*1 joints encased /APPOQYED .' JUNJf I9ZZ APPROVED .;. it /ess than & f'rrcfyes 1hicK anc//Z\' ' ' '' " ' """""'' f : A ' ' '' l'"' * * ~ '' '' GENERAL MANAGER >' • '"CHIEF uio COO ^^^ ;r >1' ne.a'' track./esj //ran 2£//./rorrt Jron D'/fe.' may b<: : Heavily coated on fhe oufeidc >y/Y/r ho! aJf>Jj<y/fis/Tf and enca\sect with con<i'e/c . <j£>/\s&n/zcd Jztpe. rtc^dnof £><• coatca wth asphal'f'uiTi- ...-.' ' ' ..' 7 pipe, no? °vcr /Q /'rjc/ies /n a/tamc/cr, of ft?c f/7/c.Aness retfuirccf by the /Jmcr/cany r fhe fnaximu/n pressure fo he. carried. P/'pc frj£r///havejot'nfa encasedrvifri concrete f5 fhtc.k and 12. inches in JcngTh a/ong the pipe . (Zcu'f ifon pipe smaf/ei' than iotnt* 3oc.nc.cued wiTh concrete. • 'EXHIBIT B" THE A.T. V) S.F. RAILWAY Co. COA$T LINES DFfWG. N» I35-I363J 3HEET-Z TO ACCONPANV >0}bs. Pressure ptr^fj* /rich ~sh&/l be f /hart the maxim urn pressure. To before c.orer/r-t& fhcioinfa. £>/ /: 2. :<4 mixture. under Of rtj/hln any 'bridge, or culvert dc.f>th than or FOR UNDERGRADE CROSSINGS OF NON-/NFLAN; * / CHIrfF'ENGINEER DESCPEIPTION— l_iMEi-y/A" A Sewer Line^consistincj parily of 15 inch and 10 in Pipe, pressure qrdwi't/ flow, toqether with Manholes, l< Railway Company's Carlsbad Station Grounds or Ciqhfc colored hereon in Red.• •''•'!Portion of each sire of Pipe is as shown above o this drdwinq. , '*. HIGHWAY [OPP. M.P. 223 -»• 0029.5Manhole :Opp.M.P. Z£9UOG32.\ 'e/W. 330.3 — IO SEWER-LINE ( VITRIF-JEC? PI RE.) ^TU^ OGL/G/hl*L. MA/IV -77s.S=l<=t<. 32.39' FIR5T lOslSEWER 358.S7 ,OPP. M.P. 2291-0442.3'| Manhole on R/vv. Line 15 inch and 10 inch Vi'trif ied With Manholes, located on the iround-s or Riqht of Way as shown i shown above on ihe face of . j.. DESCRIPTION— LiME/'B" 4 ASev^-r.Une^onsistinq partly of Q inch and 10" Vitrified "I Pipe, pressure .qravity flow, toqeiher wiih Manholes, located on the R<9|wa/Company^ Carlsbad Station Groi as snowr. colored hereon in Red. .... ^ -P V^l-- each 8lze °f P'pe is <as shown above"on-the face^.of this'drawinq.; ; , '. ' ••;• '-• ••-'• T ••' •'-' ' ••'•'••..'• • •-• ' ' ••'••• ••• ST. (VITBIFIELD PIPE.) 8 SEWER-LINE "A" "DEPOT <£_ MAIN TRACK.A.T. £* s. F. Rv. (VITRIFIED;? PIPE) „ „ iSEWER 1-LINE B «*>lco_tO.fO ^ d 430 R/W. LINE. ove on the face ; DESCRIPTION-LIME: "c" • ; : An OoifallSewerl-ine, consisting peril/ of 8 inch Concrete and 8 inch Cost'Iron Pipe, pressure qravity flow/ located on the' Rail way Company's Carlsbad Station Grounds or Riqht of VVa/ and crossinq under the Railway Companyb Main Track as shown colored hereoa in Red. : .;,'.; Said Sewer Line is 17.2 feet below. Rails, ; j ; F^rtion of each.,Q\ZG of Pipe js as ohoy/n above on the face .of ;±his;dra\A/inq. ;:;•; ,'.:. .'."'v;.'r./>•;,"•." ;;•:"/•;> : :''-'-.•.-•;.-- ": : "•-^ ' ' OAK • Manhole- Z330 84.0'-AVE -.n> ^ Ox TJ-CD 03 Oi -- GOli "0 rc —? X) eai^v x a, OPP.M.P.2Z9f25S0.7'H MANHOLE. Jj PINE AVE1. 100 x ATCA'RLSBAC', SAN DIEGO COUNTY.CALIF. ,;;,J-C->Ultfi^S?^~^^