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Home My WebLink About1966-52 Indenture - So. Pacific6~4~59 FO}~M X RAF - 11/11/66 - V - 912521/312-22 THIS INDENTURE, made this day of ~~~- by and between SOUTHERN PACIFIC CO~{PANY, a corporation, of the. State of Delaware, herein called "Railroad," and municipal corporation of the State of Oregon, herein~¢alled "Grantee.'' CITY OF ASItLAND, a WITNESSETH: I. Railroad hereby grants to Grantee~ subject to the reserva- tions~ covenants and conditions herein contained, the right to con.- struct~ reconstruct~ maintain and operate an overhead 12 KV power line ...... ~hereinafter termed "conductors," over the track and property of Railroad at or near Ashland , County of Jackson State of Oregon , and crossing the centerline of said track at Engineer Station 1063+81.2 in the location shown in red on the print of Railroad's Oregon Division Drawing L-568A, dated September 23, 1966, attached and made a part hereof. 2. As part consideration for the rights herein granted~ Grantee agrees to pay to Railroad the sum of Fi£ty ($$0.00) ......... Dollars, and, furthers Grantee agrees to pay to Railroad an amount equal to the assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Rail- road) to defray any part of the cost or e×pense incurred in connection with the construction of said conductors upon said property commenced within one (I)year from the date first herein written° ~ 3. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assignat. to use all the property described herein in the performance of its ~uty as a common carrier~ and for that purpose there is reserved unto Rail~- road~ its successors and assigns~ the right (consistent with the rights herein granted) to construct~ reconstruct~ maintain and use existing and future railroad tracks, facilities and appurtenances and e~isting and future transportations communication and pipe line facilities and appurtenances in~ upon~ over~ unders across and along said property° 4° This grant is made sub~ect to all licenses~ leases~ easements~ restrictions~ conditions, covenantss encumbrances~ liens and ~laims of title which may affect said property, and the word GRANT as used here~ in shall not be construed as a covenant against the existence of any thereof. 5o The rights herein granted to Grantee shall ],apse and beoome void if the construotion of said oonductors upon said property is not commenced within one (i) year from the date first herein written° 6. Grantee shall bear the entire cost and expense of cons[;ruc't~ ing~ reconstructing and maintaining said conductors upon said property° Grantee agrees to reimburse Railroad for the cost and e~:pense to Railroad of furnishing any materials ,pr perfc, rmlng any labor in connection with the constru,;~tion, reconstructi¢.n~ maint~e, nances, nd removal of said conduct~.~rs, inciuding~ but not limited to.~the f'urnishlng c~ such flagmen~ watchmen and inspectors as Railroad deems necessary° 6-4-59 FORM X 67-00~76 In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct or alter said conductors or make changes in the location thereof upon receipt of written notice from Railroad so to do. 7. Every conductor and its supporting structures and appur- tenances shall be made, constructed, erected and maintained in a carer- .ful and workmanlike manner by Grantee to satisfaction of Railroad. Complete plans or drawings in quadruplicate for every such conductor and .its supporting structures and appurtenances so to be made, con- structed, erected and-maintained by Orantee shall be submitted by Grantee for approval to and shall be approved by Railroad's Engineer- ing Department before work of construction shall be commencad. Com- plete sets of approved plans or drawings shall be attached to and thereupon shall become and be a part of this agreement° Grantee shall give Railroad one (1) week's written notice prior to commence~ merit of any work of construction or reconstruction. ! 8. All conductors installed hereunder shall conform with all lawful requirements and, in absence of such requirements~ with the National Electrical Safety Code. All conductors shall be so erected and maintained, at Grantee's expense, as not to interfere with exist- ing or future gates or safety devices of Railroad. Each conductor shall be maintained by Grantee in good and safe condition to the satisfaction of Railroad. Should Grantee's conductors cross non- insulated wires in Railroad's signal system~ Railroad's wires~ where required by Railroad, will be insulated and the cost of such in- sulation shall be borne by Grantee. Grantee shall take suitable pre~ cautions to prevent interference with railway signals, telegraph~ telephone or other circuits of Railroad or other persons maintaining such circuits on Railroad premises~ through leakage of electricity or induction from or between Grantee's conductors and such signals or circuits. Grantee shall fully pay for all materials joined or affirmed by or for it to Railroad's premises, and pay in full all persons who perform labor on said premises for Grantee, and will not suffer any mechanics' or materialmen's liens to be enforced against Railroad's premises for work done or materials furnished at Grantee's instance or request. 9. No work on Railroad's premises shall be commenceU by any contractor for Grantee until such contractor has entered into Rail- road's standard Contractor's Agreement covering such work° 10. Grantee agrees to release and indenmify Railroad, its officers, employees, agents, successors and assigns~ from all claims, liability, cost and expense, howsoever s~me may be caused~ including reasonable attorney fees for loss of or damage to property and for injuries to or deaths of persons arising out of the constructlon~ re-~ 'construction, maintenance, presence or use of said conductors. Grantee sha].l assume all risk of damage to said conductors and appurtenances and to any other property of Grantee, or any proF..- ~.~-~*".,~ und~.~, ~ th~.. control o--.. cus~octy of O"v~-~.~ .. _ ._. ~rhlle upon or near the property of Railroad, caused by or co,~trlbuted to in any way by the construction~ operation, maintenance o~, presence of Railroad's line of railroad at the above mentioned locati:n. 11. Should Orantee, its successors or ~ssign,~;~ at any time abandon the use of said property or any ~:a~t t. hereof~ or fail at. any 6-;+-50 FOIU4 X time to use the same for the purpose contemplated herein for a con- tinuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property, or the part thereof the use of which is so dis- continued or abandoned. Upon termination of the rights and privileges hereby grant- ed~ Grantee, at its sole cost and expense, shall remove said con- ductors from said property and restore the same as nearly as practic- able to the same state and condition in which it existed prior to the construction of said conductors; failing in which, Railroad may renlove and restore said premises at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 12. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN ~ITNESS %'~EREOF, the parties hereto have caused these presents to be executed as of the day and year first herein written. CITY OF ASHLAND By ~ayor Clerk STATE OF CALIFORNIA, City and County o~ San Francisco~ ss. this_. /t3~ .day of- /,~~ in the year One Thousand Nine Hundred and Sixty_/~-g~ On be/ore me, John E. Jurgens, a Notarg~Ub[~ in a~or the City an County of San Francisco, State of California, personally appeared (65 Market St.) M.A. McIntyre and T. F. Ryan, knewn to me to be the General Manager and Assistant ~ ($~I~LIFORNIA ~ ~l~~L PLaCF OF BUSINESS IN ~ SAN FRANCISCO bly Co~ission Expires J~e 14, ~989 Corporation Secretary, respectively, of the corporation described in and that executed the within instrument, and also known to me to be the persons, who executed it on behalf of the corporation therin named a~td they acknowledged to me that such corporation executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o~cial seal at my o~ce in the City and County of San Francisco, the day and year in this certificate first above written. Notary Public in an~ ~he C~/~fid ~:~nty 0f San Francisco, State of California. 0