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Home My WebLink AboutDeeds & Easements_14-1957E Foran 1658 Stdatrd (Appmed by Boner BnElftr) PIPE LINE LICENSE THIS LICENSE, Made this _. _..... .. day of _ .. - 19 57 , between- 2HIRATMUMAj, a..._ _ . 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 main- tain -Dal 4* 4w 4W ( ) pipe line. , __ _ - ._ _ .M ft ,. .. ter. 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---- : MU40d2+ A=BWWZdi1M CQUX&Ysi the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, -No-1-3-A33,47 dated_ marked "Exhibit A" and made a part hereof 2 Licensee shall use the PIPE LINE solely for carrying._ latw and;Kali 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 vo 04 .4w 00 4 Licensee shall,at its 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 or gas, 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 anytime Licensee shall,in 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 perforin the obligatiom"of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby.' 5. LieenBee shall reimburse Lieensor 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 tunes 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 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 hens of any charac- ter, or (d) taxesor assessments of any kmd 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. S 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) daya' 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 NZAR REDLANOS, DIVISION ENGINEER S DRAWING 110 L-3- 4 23 " v �qu �Eh'NARDH� C:.�unrrY, C.acr� v cY LINE and remove the same and restore the right of way and tracks of Licensor to the dition in which they were prior to the placing of the PIPE LINE thereunder. 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 h. .. ' . , whether of indemnity or otherwise, resulting from any acts, 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 obtauxing title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said r. i_Z, - , 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 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 served if the same be delivered to Licensee, or if deposited in the Post Office, post- paid, addressed to Licensee at---.Red38.nd *-Zial ..gczriLta---------------------------------------•--------------------•---------------•------------------ 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 shell 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 Licensee, its successors, legal representar tives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance.; ' fPv wbuw I`iAh ieliii 1'v wJ41 i14v4' tL,amJ64 d6uy 4IS6Ls-14: 1.:.uW4+0'w1,q M GuDtw. ul ID oaesg e►peas tt}re r• . 9• . bsLurr�fsq rraaleL omhubp 3 1JUGOt fo fr[tG firs blbE MIA-E to,. ori of q�sc;o of wis%swum mitp;p4D bumeaf or tn;me�1mLowqpGq snq bLobafA of rrcomml OL fps 2Efts ObG10f], coDe Wit iq== ►I fpB blbE rIRg ru eg9p ft uinua guq of sasp r 7VCL;sl fpVf If&91 130f% rfdh t?rut.�,,F, dors;.L.� ,I ' e►I'",p,o&B coed euq&View;o cgs Qnb"mmon wq coufgl of nGcuaoL-a cPP4 sutzawca' locur L --.._"S.`"+�'�"w �.ti. � � � ►w -+ «F w►-�i-N� .. y:..N ... •. � F• y w aq'4+�ilbrriir ..: +1► r •R• ,. ,. .r. � Jnr lot LLUM—M V_*T 1% 9 WFLI ,VPIP4 $ , tra mum u bs*::rer.eo1 4. ' IN WITNESS WHEREOF,The parties have executed this agreement in duplicate the day and year first above written. (Licensor) Approved as to DeacjkV1JJ4,V; ------------- i 1 *spe fsLm VUq oar"Da , _ .:,_. t� I Assistant to Gene,— - f jpr: Chief Engineer. }o toL rpe U - _.D1LM Ar- --- -- -------------- - -------- ---- ---- - lu _ 1---------- _.. b1b€ rip 1r, ------------ -------------- ��w (Licensee) (Attach print here) EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN " THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND C/TY 01Z--R1C4DL14NDS SAN BERNARDINO, CALIF. DESCRIPTION CORRECT MAY 3/, 1357 lyra DIVISION ENGINEER SCALE 9 IN TO 104 FT. < b 0 N . I v r +12 r T Del RosA 73 Sj v,8,-R V-4RD1N0 `9d° SO Rro�..ivas NeXT 4 /`lcivro,v. Nj'xT Sd r ,r 14fA11v 7--mAck 's /I 7- rSl S F /Pf. Ca , 17 J Frrgrs S10 S331611 a V M, P /DY'06387 4 16'Sfael Afpe -Water ,Encased)n S7'of 8"'Sfeel R pe- 2� 2�)ESCR/PT/ON /? is irncfi steel pipe carrying wafer located o17 the roi/way componys property and crossing under the r�ri/way cam�nar�y's trach as shown colored red ,Said p%pe fo be 3.0 fi (Mlw) be lou." rails /DEAR REDL AN0 S, DIVISION ENGINEER'S DRAWING NO L-3- Z 2 3 1 '7 SAN S.-RvAROIAIO CuuvrY, L'AL/f, ,��r