1970-0910_A T & S F RAILWAY CO._Pipe Line Lincenser_ -
Form 1618 Standard
(Apprwmd by oenorol Sadtor)
PIPE LINE LICENSE
THIS LICENSE, Made this lt>Rt► _, day of__--_ Seroz otaber.__ __, 19W._,
between_ THE ATCHTSON,TCPEKA AND SANTA PS RLMAX CWAW
a___M&1Ab%rA _—_—.—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 maintain 1— r w r r r — r r r�
pipe line i r, m-- r r r r
TM1V*W —=-Winches 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�—
CottntCaliAr x'tiia —the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. L'3" , datedPt_�—_
marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying @Mte--__—_______-_-__ ___
— — --------------
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
One Hundred Pi.'ts and No/1go DoUaraia150.0(1) —_—_--___--_--
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 -
a ter 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 saf a operation of its railroad, and in such event Licensee
agrees to pay, within fifteen (16) 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.
6. 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 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 from
the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
toss, damage or expense arising out of. (a) loss or 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 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 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
Any notice to be
by Licensee to Licensor shall
be deemed to be property
the
same be deposited in the United States Mail, postage prepaid, addressed to Licensors------------
---$upe�lt+�ii+dettt_______--- at 0 West Third SLraete i3,nt Bsrnardlno� _
_Ca�s�+i--�-- --- -- -- -- — - - -- -
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.
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 iifrife 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.
13. The PIP'S LINE shah be aanxtrneteds installed and ther0attW aaIaWWA Aa
eW01.aity with the plash► an& apeeuiaatiam set Earth in the Amerioaa R&iIXW ft-
ImerW Asaoeiaticn SpaWlUatiom for pipelines esrsrnryJxg nm -fu sable eubatanees
doted 1964.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year
first above written.
"71 ATr;HLS 7 (aPF.SA AND SANTA FS IiA��Z77ti�M 99WAR--__----------- (Licensor)
Approved as to Description: By__2Z
�v -
ItsR.�_ptl; .,M__— --
----- Chief Engineer.
_ CITY fid' SAN JUAN CAPISTRANO
Bg.jc�j //•
% t —_ Its
By —Tts�'
Supt.Fi le NO -P-43045 --- -- --
(. msee)
EXHIBIT "A"
ATTA(-HED TO CONTRACT BETWEEn
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
CITY OF 5AN J JAN CAPI STRANO
SAN BERNARDINO. CALIF. PELCRIPMON CORRECT
SEPT. 1970 �T. W. cowtay
OIVIBION 19mamEER
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DESMIPTION OF` PIPE LINE . UlRffiR TRAIr-lik
CARRIER PIPE
PIPE
'CYIIIES
PMlSStIRE
SIZE,_.
I SEWAGE:
m
__12"
!
.,
C MUNG
I
LENGTH
IIIIO
LI LE
55'
STEEL
22"
j
PIPE
18 LOCATE4
AS
IV. SF -RVA
0QLANGE. COUNTY, CAL11-
K I Ifo
Y.C. P.
PIPE
THKAW CJS
B,Ltc OF IliuL i
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