HomeMy WebLinkAbout1960-35 Easement - So. Pacific7.59
S-2660
S. B. BURTON
SUPERINTENDENT
J. CLAUDE SLADE
ASSISTANT SUPERINTENDENT
REX R. BAYMILLER
DIVISION ENGINEER
City of Ashland
Ashland, Oregon
Gentlemen:
Attach.
DUNSMUIR, CALIFORNIA
July 6, 1960
Attached for your retention is fully executed
counterpart of indenture dated June 7, 1960, between
Southern Pacific Company and City of Ashland granting
easement for installation of a 6" water pipe line and
8" sewer pipe line under railroad tracks at Walker
Avenue, Ashland, Oregon.
If this agreement is placed of record, we will
appreciate your advising us recording data for our
records.
Yours truly,
IN REPLY PLEASE REFER TO
312 Ashland
THIS INDENTURE, made this Tel' day of i v
1960, by and between SOUTHERN PACIFIC COMPANY, a co poration of the
State of Delaware, herein termed "Railroad and CITY OF ASHLAND,
a municipal corporation of the State of Oregon,.•,erein termed
"Grantee
WITNESSETH:
1. Railroad, for and in consideration of the sum of Fifty
(50) Dollars to be paid by Grantee to Railroad, and in further con-
sideration of the faithful performance by Grantee of all the terms,
covenants and conditions herein contained, hereby grants to Grantee
the right to construct, reconstruct, maintain and operate one 6 -inch
cast iron water pipe line within a 12 -inch casing and one 8-inch
cement sewer pipe line within a 16 -inch casing, hereinafter collec-
tively termed "structure beneath the tracks and property of Rail-
road in the City of Ashland, County of Jackson, State of Oregon,
crossing the center line of Railroad's tracks in the locations shown
in red on the attached print of Railroad's Shasta Division Drawing
L- 2$35B, Sheet No. 1, dated March 24, 1960, hereto attached and
made a part hereof.
Said structure shall be constructed and maintained in
accordance with the specifications on said attached print and the
print of Railroad's Drawing C.S. 1741, also attached and made a
part hereof.
2. This grant is made subject and subordinate to the prior and con-
tinuing right and obligation of Railroad, its successors and assigns, to
use all the property described herein in the performance of its duty as a
common carrier, and, for that purpose, there is reserved unto Railroad, its
successors and assigns, the right (consistent with the rights herein grant-
ed) to construct, reconstruct, maintain and use existing and future rail-
road tracks, facilities and appurtenances and existing and future trans-
portation, communication and pipe line facilities and appurtenances in,
upon, over, under, across and along said property.
3. This grant is made subject to all licenses, leases, easements,
restrictions, conditions, covenants, encumbrances, liens and claims of
title which may affect said property and the word GRANT as used herein
shall not be construed as a covenant against the existence of any thereof.
4. The rights herein granted to Grantee shall lapse and become void
if the construction of said structure upon said property is not commenced
within one (1) year from the date first herein written.
5. Grantee shall bear the entire cost and expense of constructing,
reconstructing and maintaining said structure upon said property. Grantee
agrees that all work upon or in connection with said structure shall be
done at such times and in such manner as not to interfere in any way what-
soever with the operations of Railroad. The plans for and the construction
of said structure shall be subject to the approval of Railroad.
Grantee agrees to reimburse Railroad for the cost and expense to
Railroad of furnishing any materials or performing any labor in connection
with the construction, reconstruction, maintenance and removal of said struc-
ture, including, but not limited to, the installation and removal of such
falsework and other protection beneath or along Railroad's tracks, and the
furnishing of such watchmen, flagmen and inspectors as Railroad deems
necessary.
In the event Railroad shall at any time so require, Grantee, at
Grantee's expense, shall reconstruct or alter said structure or make changes
in the location thereof upon receipt of written notice from Railroad so to do.
6. As part consideration, Grantee agrees to pay Railroad an amount
equal to any and all assessments which may be levied by order of any authoriz-
ed, lawful body against the property of Railroad (and which may have been
paid by Railroad) to defray any part of the cost or expense incurred in con-
nection with the construction of said structure upon said property commenced
within one (1) year from the date first herein written.
7. Grantee, its agents and employees, shall have the privilege of en-
try on said property for the purpose of constructing, reconstructing, main-
taining and making necessary repairs to said structures Grantee agrees to
keep said property in a good and safe condition free from waste, so far
as affected by Grantee's operations, to the satisfaction of Railroad. If
Grantee fails to keep said property in a good and safe condition free from
waste, then Railroad may perform the necessary work at the expense of
Grantee, which expense Grantee agrees to pay to Railroad upon demand.
8. In the event any work upon or in connection with said structure
or its appurtenances, to be done upon or adjacent to the tracks and pro-
perty of Railroad, should be let to a contractor by Grantee, such work shall
not be begun until such contractor shall have first entered into an agree-
ment with the railroad company which operates on said property, satisfactory
to said company and indemnifying Railroad from and against all claims,lia-
bility, cost and expense growing out of the performance of the work to be
done by such contractor.
Such contractor shall furnish, at the option of and without ex-
pense to Railroad, a reliable surety bond, in an amount and in a form
satisfactory to said company, guaranteeing the faithful performance of
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all the terms, covenants and conditions contained in said agreement, and a
certified copy of a policy of Public Liability and Property Damage Insur-
ance, within limits specified by, and in a form satisfactory to, said Com-
pany, covering the contractual liability assumed by contractor in said
agreement to be entered into with said Company by such contractor.
9. Grantee shall assume all risk of damage to said structure and ap-
purtenances, and to any other property of Grantee, or any property under the
control or custody of Grantee, while upon or near the property of Railroad,
caused by or contributed to in any way by the construction, operation,
maintenance or presence of Railroadvs line of railroad at the above mention-
ed location.
Grantee agrees to indemnify and save harmless Railroad, its officers,
employees, agents, successors and assigns from all claims, liability, cost
and expense, howsoever same may be caused, including reasonable attorneys
fees, for loss of or damage to property and for injuries to or deaths of
persons arising out of the construction, reconstruction, maintenance, pre-
sence or use of said structure, regardless of any negligence or alleged
negligence on the part of Railroad employees.
The word "Railroad" as used in this Section 9 shall be construed to
include, in addition to Railroad, the successors, assigns and affiliated
companies of Railroad and any other Railroad Company that may be lawfully
operating upon and over the tracks crossing said structure and the officers
and employees thereof.
10. Should Grantee, its successors or assigns, at any time abandon
the use of said property or any part thereof, or fail at any time to use
the same for the purpose contemplated herein for a continuous 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 discontinued or abandoned.
Upon termination of the rights and privileges hereby granted, Grantee,
at its own cost and expense, agrees to remove said structure from said pro-
perty and restore said property as nearly as practicable to the same state
and condition in which it existed prior to the construction of said struc-
ture. Should Grantee in such event fail, neglect or refuse to remove said
structure and restore said property, such removal and restoration may be
performed by Railroad at the expense of Grantee, which expense Grantee
agrees to pay to Railroad upon demand.
11. This indenture shall inure to the benefit of and be binding upon
the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed in duplicate as of the day and year first herein written.
CITY OF ASHLAND
GL
E.C. Biegel, City superintendent
SOUTHERN PACIFIC C OMPANY
By
(ii1 e ce President
nt }eat.
Assistant Secretary
Value of interest
conveyed herein does
not exceed $100.
Form Approved:
Contract. Attorney
Approved as to Corporate Ownsr:
a uat ion i, c er
Approved:
Chief Engineer
Description Correct:
Division Engineer
Recommended:
Signed) S. B. Burton
Superinten ent
Form of Execution Approved:
Contract Attorney
STATE OF CALIFORNIA,
City and County of San Francisco f s s.
On this 22 nd day of June
in the year One Thousand Nine Hundred and Sixty
before ine, NORMAN T. STONE, a NotaryPublicinand for the City and County of San Francisco, State of California, personally appeared
(65 Market St.) J. W. Corbett and T. F. Ryan
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My Commission Expires October 25, 1960.
Corporation Notary Public
known to me to be the Vice President and Assistant Secretary
of the corporation described in and that executed the within instrument, and also known
to me to be the person who executed it on behalf of the corporation_therein named
and_Y_acknowledged to me that such corporation__executed the same.
IN WITNESS WHE EOF, I have hereunto set my
official seal at my office i City and County of San Fran
this certificate abov n.
ity and County of Sa f a s cisco, State of r ornia.
and affixed my
day and year in
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