HomeMy WebLinkAboutProperty #: 394 - 1/1/1961 Form 1658 Standard . c 9 -re "
(Approved by eanaral$olbaer) /®
PIPE LINE LICENSE
THIS LICENSE, Made thio_._.-.:} ._..-....._day
between.._.--213.4e..AtAhia021,- Tnpaka s nil Santa Fe RaIlwa3_Cnmpanq_
_...corporation (hereinafter called "Licensor"), party of the first part, and
®ride 3 e-
(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 ....(121e....00nateta..•._-.___
( 1 ) Pipe line , -__ni gt2taeZl--(18!-1
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._flRrnlln1 A1,_.Qountj..Af_AQaZicn a,
Arizona... the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No_____23 3.0.0 , dated .A,pr/1_21p_____
, marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying._.. torfL..158,tter
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 of__.. W6atyttt.iY.e...aud...No/100
4. Licensee shall, at its own coat 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 PI1' all,kiet nstrcx&ted,-in_ayal a and,tAhe_reaf tik tai pd in o fp a0
with the plans and specifications e••ek ee-1p 6se at "agiiAd 2h 9 l iafl ell £: -a=fit
heveef. If at any time 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 perform the obligations"of Licensee shall not
release Licensee from liability hereunder for loss or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expenseincurfed,by°Licensor for talk4ork to support Licensor's
tracks and for flagman toiprotect its traffic during inptallation of the PIPE LINE and for any and all other expense
incurred by Licensor on atlecaint of the PIPE LINE.
6. Licensee shall at'all times indemnify ad save harmless Licensor against and pay in full all loss, damage
or expense that Licensor may sustain,, i7icur or become liable for, resulting in any manner from the construction,
maintenance, use, state of repair,'or presence of the PIP$LINE, including any such loss, damage or expense arYsing
out of (a) loss of or damage to property, (b)injury to or death of persons,(c) mechanics' or other liens of any carae-,r
ter, or (d) taxes or assessments of any kind.
•
7. If at any time Lice ll • ohaply with or'carry out any of the covenants herein contained
Licensor ma at i 51 license.
8.• L ENSE is given by Licensor and accepted by Licensee upon the express condition that the same
may be terminated at any. • 'ther party upon ten (10) days' notice in writing to be served upon theh
party, stating therein the such termination shall take place, and that upon the termination of thin
in this or any other manner erein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE
—arra fiat.. ...
LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in winch 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 hereunder
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 dNMge 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 properly served if the same be delivered to Licensee, or if deposited in the Post Office, post-
paid, addressed to Licensee at-___—-1 ends l 6,--,(riZ011a
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 Licensee, 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.
IN WITNESS WHEREOF,The parties have executed this agreement in duplicate the day and year first above
written.
Itut_ A' oh .✓iSJ?: s_ 'szge --_utd__StAta_-_r ..RA. at.Gi.oraman.K (Licensor)
Approved as to Description: /
By
Its_ .Stsi i w: =,ei t Manwsr
Chief Engineer.
City of Glendale
Its:
(Licensee)
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY
AND
City OF &tEMDALE
WINSLOW. ARIZ. DESCRI TION CORRECT
' 2 DIVISION WEER
SCALE: 1 IN. TO 50. FT.
.ti ♦
tour WE CURB LINE
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A/ +iatti� I.: i I
- 5to. 4150 • . .. _. �. �.- 4f1Zy TRKirIS
2.5 T.--22 5-+'
PCO LINE /F FOC LIVE
1
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DESCRIPTION OF PIPE LINE UNDER TRACK
WATER GRNLITy 12" CLAY.- 1 1" EXTRA 51REh-G7N 2° 1
RC. P
To OHM/
OHA14
PIPE LINE IS LOCATED AS SHOWN IN RED bl
DIVISION ENGINEER'S DRAWING NO. < / 300 ,
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