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Home My WebLink AboutProperty #: 322 - 1/1/1960 • • Deed ,#322 ,. Form 1658 Standard ~rad ay General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this-..."f11 t _--...__-_day of January _--___.--_______ 19-.-60.--, between_The Atahia --TnOkasat---aaDELIA_$aialiar P_OML_--------- a_--__..._.-�..-._.--__ corporation (hereinafter called "Licensor"), party of the first part, and . ty:_o1'_-41anda1a _- .....---....--....... (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- ( 1 ) pipe t311t*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--_S' .0,4_4.®..._QOU31ti_-O;<-_).....&cpga _Arizona ___ the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No._ZQ625 , dated.. — — " — " ltI?-n►_kan 111. 1960 , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying_-_MAO 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_TALLOAd gAOo 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 P r ,,- • •, , ; ,, , r „ •, 6.t 'r r, 116 r r,e. with the plans and specifications :.:z . :. y ..l' , tX'j; ;:f cr,i: t1 . ;:'te • ' c,.,� rtq ,a <t,.T y' :1° tor, -hereof. 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 dgmage occasioned thereby. 5. Licensee shall reimburse Licensor for any efcpense incurred by Licensor for false work to support Licensor's Veks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense rred by Licensor on account of the PIPE LIN}*, 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 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 liens of any charac- ter, 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 herein 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 m this or any other manner herein provided, Licensee,upon demand of Licensor,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 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 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 be deemed to be properly served if the same lis delivered to Licensee, or if deposited in the Post Office, post- d, addressed to Licensee at.-._ G2etda3s4_-.A> _i.zana 11. In the event that two or more parties eaacute 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 m each instance. IN WITNESS WHEREOF,The parties have executed this agreement induplicate the day and year first above written. Tio AGohifon,-- o-peka- eusd_Saat9 $e Rallwca :Amway —(Licensor) Approved as to Description: By.. — _ L LJ.J. :,i Its- ;;istAnt to General Mane Chief Engineer. City of Glendale - / i By:E..---- Its: City FanPer (Licensee) • • • EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY AND C f TY OF GLEN DALE WINSLOW, ARIL DE$CRIPTI � PEORUARY /5 /360 DIVISION ENGINEER SCALE: I IN. TO 400 FT, N CO N I x Cr CO/71- CO C I CC 4 1 co 0 m Er�tcrs- Rlw <tu 959z f- •5..z Asiv Fat A. 00 _ peonq N....{ ca'S .s 0.sr ,.:n .� �V s T PNOFN/X v., y ---•��.'f- / Tao =T Glenda/6 N<,c/ .t/WL/Nat. l / 05;;;;( 4VC it X-,n9 - 5 +. 9592, 777 ' = / rlP /b1 + 35977 • r5 R`w +n 9592 43c�-O DESCRIPTION OF PIPE LINE UNDER TRACK PIPE LINE LOCATED AS SHOWN RED PIPE REINFORCED SASE OF MIL TRACK MILE POST STRUT CARRIES PRESSURE SITE KIND THICKNESS UNDER TRACK WITH TO TOP OF PIPE CROSSED ANGLE 4+* D.s+ LJo+er 15 3/4" Copper .465•' 3"Got oonlbed 9.0' M.T. 64°30 (113,5• L.on9') NEAR GLEN OALE‘MARICOPA COUNTY, ARIZONA DIVISION ENGINEER'S DRAWING NO 20675 Y 32234 50 6 /06 . . • t. \ I. \ % \ ` % « \ - \ \� % \ s \ \ \ 6 \ \ % % : ® / ■ \ `• s $ \ \ o / \ % . ¥ , @ % % ; \ \ bigt. « k \ % k \ to'tk %s Va , m k ` { , ¥ / \ \ \ t , % , • • (Attach print here) • • • "GRAND CANYON LINE" • The Atchison, Topeka and Santa Fe Railway Company COAST LINES 0 R.HAMMIT, Superintendent,Winslow.Arizona SUPERINTENDENT'S OFFICE inslow, ;=arch 29 , 1960 Y-32234 Er . A. Gilchrist , City �=anager , City of Glendale, 48 N. First Ave. , Glendale, frizona. Dear Sir : Please refer to your letter of ._arch 2, re- lating to pipe line license covering installation of a 3/4 inch pipe line across our right-of-way and under our main tracks at M.P. 131 f 2390 ft. , near Glendale, Arizona. This license has been completed on behalf of the Santa Fe and duplicate original thereof is enclosed for the City's file. Yours truly, SANTA FE DEDICATED TO SERVICE s r March S. 1910 es Mr. Q. R. Sasit, Superintendent The AtchisonTopeka and Santa !e Railway Company Winslow, Ariinna Dear Mr. Hammitt: v inclosed are the executed pipe line license. Thank you for your cooperation in this matter. Vey tr*ly yours. 111 H. A. Gilchrist, City Manager WAGI blg Macs. • •"GRAN1I CANYON LINE" • • -. The Atchison, Topeka and Santa Fe Railway Company COAST LINES O R HAMMIT, Superintendent, Winslow,Arizona SUPERINTENDENT'S OFFICE 'Jinslow, February 29, 1960 Y-32234 Mr. h'. A. Gilchrist, City Manager , City of Glendale, 38 N. 1st Ave. , Glendale, Arizona. Dear Sir: Referring to previous correspondence relating to the installation of a 3/4. inch water line under our tracks, across our right-of-way at M.P. 181 / 2890 feet for the City of Glendale. This installation has not been covered by our usual form of license, and enclosed you will find the original and duplicate of Form 1658 Standard, for your handling for execution by the City of Glendale, return- ing both copies to this office for completion on behalf of the Santa Fe. In due course a completed copy will be returned for the City's records. Yours truly, ly , Yv SANTA FE DEDICATED TO SERVICE