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HomeMy WebLinkAbout1970-044 Indenture - So. Pacific7/5/68 - Form X faf - V - 05380/312-22 - 8/10/70 THIS INDENTURE, made this ~ day of ~~ , 197~ , by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein called "Railroad", and CITY OF ASHLAND, a municipal corporation of the State of Oregon, address: City Hall, Ashland, Oregon 97520, herein called "Grantee"; WITNESSETH: 1. 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 220 volt 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 center line of said track at Engineer Statlon 1071+72.3 (Mile Post C-430.25 ),in the location illustrated on the print of Railroad's Oregon Division Draw- ing L-1827-A, dated June 15, 1970, attached and made a part hereof. 2. As part consideration for the rights herein granted, Grantee agrees to pay to Railroad the sum of One Hundred ($100) ...... -Dollars, and, further, 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 expense incurred in connection with the construction of said conductors upon said property commenced within one (1) 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 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 Rail- road, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future r{ilroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4. 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. 5. The rights herein granted to Grantee shall lapse and become void if the construction of said conductors upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing and maintaining said conductors upon said property. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connec- tion with the construction, reconstruction, maintenance and removal of said conductors, including, but not limited to, the furnishing of such flagmen, watchmen and inspectors as Railroad deems necessary. In the event Railroad shall at any time so require, Grantee, at -1- I! 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 appurte- nances shall be made, constructed, erect-ed and maintained in a care- 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 Grantee shall be submitted by Grantee for approval to and shall be approved by Railroad's Engineer- ing Department before work of construction shall be commenced. 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- ment 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 insula- tion 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 affixed by or for it to Railroad's premises, and pay in full all persons who perform labor on said premises for G~-antee, and will net 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 commenced 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 indemnify Railroad, its officers, employees, agents, successors and assigns, from all claims, liability, cost and expense, howsoever same 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 construction, re- construction, maintenance~ presence or use of said conductors, re- gardless of any negligence or alleged negligence on the part of Rail- road's employees. Grantee shall assume all risk of damage to said conductors and appurtenances and to any other property of Grantee, or any property under the control or c~,stody of Grantee, while upon or near the pro- perty of Railroad, caused by or contributed to in any way by the construction, operation, maintenance or presence of Railroad's line of railroad at the above-mentioned location. The word "Railroad", as used in this Section 10, shall be con- strued to include, in addition to Railroad, the successors, assigns -2- and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the said tracks, and the officers and employees thereof. 11. 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 dis- continued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its sole cost and expense, shall remove said conductors from said property and restore the same as nearly as practicable to the same state and condition in which it existed prior to the con- struction of said conductors, failing in which, Railroad may remove said conductors 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 bind- ing upon the successors and assigns of the parties hereto. STATE OF CALIFORNIA City and County of San Francisco ss. ~reme, John E. Jurgens, aNotar~ Pu~ic in and ~r the City and County of San Francisco, State of California, personally appeared ;~ .x~,,~ JO~N E. JURGENS ~~ NOTAR/ PUBLIC-CALIFORNIA ~{~g~j} PRINCIPAL PLACE OF BUSINESS IN ~ 'g:.k,..~x// CITY AND COUNTY OF 1 ~--~ SAN FRANCISCO ~ My Commission Expires June 13, 1973  nhxpre~ s June 13, 1973 Corporation W. M. Jaekle and R. W. tlumphrey, known to me to be the Vice President and Assistant Secretary, respectively, o/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 therein and they acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above writt~:~ (~. Notary Public in and for~ty nd~E.~g,~unty~,~.~ Francisco, State of California. My Commission Expires June 13, 1973. Jac~on County, Oregon Recorded OCT I 1970 P.M. ~ARR Y CHIPMAN CLE~ and RECORDER A. W. KILBORN SUP£R[NT£NDENT C. T. BABF-R$ ASSISTANT SUPERINTENDENT J, W. FERGU$ON outhern Pgcific Transportation Company 251 Union Station · Portland, Oregon 97209 November 12, 1970 IN RE[PL.¥ P[.E;ASE REFER TO Deed 49204 Deed 52777 Mr. H. M. Schilling Engineering Department City of Ashland Ashland, Oregon 97530 Dear Mr. Schilling: Reference yours of November 9, in response to ours of November 5, 1970 concerning above numbered Deeds relating to power line crossings at Ashland. We are attaching copy of your l~tter dated September 16, 1966 and your drawing, whereon the City requested wire line crossing agreement covering a 12,470 ~olt, three phase four wire etc. This agreement is now covered under Deed 492o4. We are also attaching our Form CE 20104 completed by the City which relates to a 220 kv installation now assign- ed Deed 52777. This form was accompanied b~ your letter of June 4, 1970, no file indicated. If there have been any changes by the City in connect- ion with the above, this office has not been informed. Sincerely hope above information clarifies the matter, if not please let US know · ty o£ A. shlan_d. Or e on. September 16, 1966 ~]r. Iq. I), Longmor¢ District Freight and Passenger Agent Southen~ Pacific Company Medford, Oregon 97501 Dear Bill: Enclosed is a drawing of a new 12,470 volt three phase four wire electric distribution feeder line being constructed by thc City of Ashland to serve thc north residential areas of the city. The 4 # 4/0 alumint~n conductors will cross the Southern Pacific Railroad ri. ght-of-mty at station 430.09 at an approximate 90° angle to the track alignment. The crossing span is about 114 feet in length and is double dead-ended and anchored in both directions on either side of the Southern Pacific right°of-way. The west side crossing pole is 45 feet in height and the east side pole is a 50 foot pole mr, king th~ mini,atari cica~ance from ~rack to all four wires about 32 feet. Please prepare the necessary wire line crossing agreement for the above described crossing and forward the forms and billing to this office. ~. / 'Gh~ L/Boshears Director of Electric Utilities GLB/pw Enclosure CITY HALL Telephone 305 482 3211 97520 MAYOR Richard L. Neill CITY COUNCIL Emmet! Whithom D.S. Kerr Ouane Baker Oeorge F. Word Donald E. Lewis Arthur M. Peter~ CITY ADMINISTRATOR Robert H. Ayre HOME OF THE: ASHLAND SHAKESPEAREAN FESTIVAL MT. ASHLAND SKI RESORT SOUTHERN OIIOON COLLIOI LITHIA WATERS ASHLAND L I THIA I~AIK -City of Ashland Electric Deportment Ashlan~ Oregon September 9,1966 Gory B0sheors Superintendent -© 0 '0 0 NEVADA ST. © © SCALE I":100' LC. 4(5 ' '1 -."-_ '-_Z- ~; ~ 'T. ~LT'. '- - 7T-;-:.' .T.;7-.~ J ',.42 (,