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HomeMy WebLinkAboutPACIFIC ELECTRIC RAILWAY COMPANY - 1956-11-12IFPACIFIC � �CTRIC RAILWAY �aC91/1"3ANPACIFIC ELECTRIC BULLDONG, 610 SOUTH MAIN STREET LOS ANGLES 14, CALIFORNIA 'ICE PNE510ENT AND GENLNAL MANAGER -"-"-� Le-1 se Pio '�li)�� �e '� -"Y- Audit No. 11782 February 17, 19 3 southern California water Comnry.ny 11SIll Sou-{:h Vermont Avenue ., Los kiaeles 44, C31-iforn7.a Cen.tlpmen: Referring to above .numbere.l agrecment, it has now been determined that we should discontinue the practice of billing your Company for periods of five years end assets a flat rental charge for this install,tion. The flat -acrge so asses- sod will be fcr the life of the agreement with the under2tand- ing that all other terms end conditions of agreement shall remain in full force and effect, Therefore, with the payment of bill collectible attached, your payment for this occupation of Pncific Electric Railway Company property will be at an end, and your occupation of said property shall continue until enncelled or terrainated according to the terms contained in original agr-3ement. This new policy will result in a considerable savings on both, your part and ours. I trust this revised handling will meet with your approval, Ycurs very truly, 4 r i - .p PACIFIC RECTRIC (RAILWAY COMPANY PACIFIC rLECTRIC BUILDING, 610 SOUTH MAIN STREET L'US ANGELES 14; CALIFORNIA q 7 0. R. LEWIS File: 161+00 VICE PRESIDENT AND GENERAL MANAGER November 3.8, 1957 q 4 12�Ca Southern California Water Company 11911 South Vermont Avenue Los Angeles 44, California Attention: Mr. G. E. Heard Distribution Engineer Gentlemen: Herewith for your records is fully executed counterpart of this Company's License Agreement 16400 covering installation of water pipe across our tracks and right-of-;Tay from First Street to "A" Street in Huntington Beach, This :fetter also acknowledges your check in amount of $25.00 covering rental under License Agreement. We will bill you an additional $10.Oo for preliminary engineering and inspection charge as provided for under Section 18, Yours very truly, Att 6 �f��,� t x T J l• y w t t.a2 PACIFIC ata`i`.€SIC RAILWAY tiQ3 q?Ahy sssas (Approved ns to Form by General Counsel, October 51 1959) ASSIGNMENT 16400 FOR VALUE RECEIVED,the undersigned SCiU IU N GALIFf3RRL& WATER 1iJMs}Ak hereby assigns,transfers and sets over unto 01Ty OF 1 URTI.N£riO BIT-AMR, City Ilan� Huntington Beach,, Galif6rnia all of the right,title and interest of the undersigned in and to that certain lease PACIFIC. ME,03111C RAILWAY 0010TANY dated flovoWber 12 11) 56,between 1 �hereinafter called "Railroad"), and rSOUT11"I V CAI, ;M111 WATER CONIPAWI relating to pipeline crossing at r1rat Street and Ocean Avenue at Huntington BeaOhStation, Or-"OZ96 County,State of Calift?mia , subject to all of the covenants, terms and conditions ther in contained and upon the condition and under- standing that no rights or obligations w;'iich may have accrued prior to or at the dare hereof are hereby waived. This assignment:shall be effective as of the c'�'f'i day of JIMILX&I-y , '9 64. DATED =�x /�' , 1941 SCOUT- AN CALIF01WIA WATER COMPANY ness ? Asslstanl secretary. CIT'11 OF 1<UNTIi=G"l.`ON IBP'a0Irs in consideration of the foregoing assignment and of the consent thereto by Railroad, hereby accepts the above assignment and agrees to make any rent or other payments which are to be made by assignor under the instrument assigned as therein provided, and to otherwise perform and abide by all of the terms, covenants and ccnditions therein contained. DATED -�� � Ci , 19 4K. GITT OF Witness t it e —MAY Railroad hereby consents to the foregoing assignment to the assignee therein named, subject to the covenants, conditions and terms set forth in the instrument assigned, and without prejudice to any of the rights of Railroad thereunder and upon the express condition that the assignee shall be liable f'o-• :11'e prompt payment of any rent or other payments therein provided to be made and for the performanc, all other obligations on assignee's part, and that no further assignment thereof nor any subletting thereunder shall hereafter be made without the consent of Railroad. DATED ']PACIric L r"A6 A91,4 C{)eaPliHY By r (Tit1eYi06 1ri'65RL 01R-~ `a f'a E fk v Manage L 766, A:vroved as to:orm by General Attorney Lease No. A.cember 1,1954 161,.o0 UNDERGROUND PIPE OR DITCH CROSSING 014ts ,C°bgrv,mput, made this 12t11 day ofNoVember 1956 between PA '7LC ELECTRIC RAILWAY C011 PANY, a corporation, hereinafter termed Licensor, and Southern elifarnie Water Company 11911 South VC �mont Avenue Los .Angeles 44s Californiahereinafter termed Licensee, WITNESSETH: 1. That said Licensor grants to the Licensee the privilege to construct, maintain and operate one (1) Eight (811) inch water line in a Sixteen (16") inch calving hereinafter termed structure, for conveying stater said structure to be placed beneath the tracks and/or right of way, station grounds or other property of said Licensor, at or near First Street and Ocean. Avenue Engineer's station 1754�301 neartHunting6o2? Beach siaticn., Newport Beach Line, County of OrcIn.g© and State of California, said structure to be installed under specifications as set forth in paragraphs Seven (7) and Eigh'. (S) hereof, and also in accordance with drawing CS '7tt which is attached hereto and made a part hereof. asld located as shown in red on plat CEII 21927 hereto attached and hereby made a part hereof,for the consideration of Twenty FiVe and Noj300 (025.00) Pollars payable in advance. 2 The Licensee and the agents and employees of the Licensee shall have the privilege of entry on said premises for the purpose of malting nece-sary repairs to or changes in said structure, and the d Licensee agrees to at all times keep said premie s in a good and level condition to the satisfaction of the Licensor. 3. It is further agreed that at the expiration of said term or any extension thereof, or upon revo- cation of the privilege hereby granted or upon the cancellation of this agreement,as hereinafter provided, the Licensee shall, at Licensee's own cost and expense, immediately remove said structur, and restore said premises, as nearly as possible, to the same state and condition they were in prior to the construc- tion of said structure. 4. Licensee agrees to construct, r,construct. maintain, operate, remove, alter and make chav,e;, in the location of said structure in such a manner that it or they will not interfere in any way whatsu- ever with the operations of said Licensor, its successors or assigns, and that the location of said struc- ture and all wont in connection with the construction,reconstruction,maintenance, operation,removal, alteration,and changes in the location of said structure,as hereinafter provided,shall be done and made under the supervision and to the satisfaction of the r.icensor,its lessors, successors, or assigns. 5. Should said structure be, in whole or in part, a Water pipe, the Licensee promises and agrees to provide and maintain same in good condition and repair, at the sole cr st and expense of the Licensee. 6. Said Licensee hereby agrees to indemnify and save Licensor harmless from and against any and all claims, loss, damage, injury, death and liability howsoever same may be caused, whether through negligence of Licensor or otherwise, resulting directly or indirectly from work or operations covered by this agreement, except when arising from fire caused solely by Licensoe's negligence. 7. Said Licensee hereby agrees to effectively and permanently insulate its pipes in such a manner as to prevent the flow of the electric current in same, and explosion from electric sparks. The Licensee further agrees that it will indemnify and hold harmlz,s the Licensor against any claim which may I;e made for iniury to life and property, caused by or arising out of an explosion from electric sparks, or clue to faiiure of the Licensee to properly insulate As pipes, and said Licensee hereby assumes all risk of damage to said line or any pipe lines or property of Licensee, caused by electrolysis or the escape of electric current or the entry thereof into said pipes or property of the Licensee, and agrees to hole and save harmless the Licensor, its successors and assigns from any and all claims, demands and liability whatsoever caused by electrolysis or the escape of electric current by reason of the presence of the pipe or pipes herein mentioned. 8. The top of paid pipe shall be not less than three (3) feet below base of tie, and no pipe shall be installed nearer than 2'-6" from any trolley pole. 9. In the event any work upon or in connection with said structure or its appurtenances to be clone upon, beneath or adjacent to the tracks and property of Licensor should be let Po a contractor by Licensee, such work shall not be begun until such Contractor shall have fast entered into an agree- ment with Licensor, satisfactory to Licensor and in(: innifying Licensor from and against all claims, demands, costs, loss, damage and liability, growing out of the performance of the work to be clone by .uc•h Contractor, 'Ind such Contractor shall MAKE .\ CASH DFPOSTT OR FURNIST-T,at no expense i i Licensor,a good and sufficient. reliable Surety Company hand, such cash deposit or bond to be in , ';ich amount as ma • be specified by Licensor for the faithful performance of all the terms, covenants, r; conditions and stipulations contained in said agreement to be entered into xvith Licensor by said Con- tractor, as here in this paragraph provided, the form nt bond to oc satisfactor- to Licensor. Wh.•n any work is clone by the Licensee in conn,�ction with the construction or maintenance of the ,tructure herein referred to, Licensee shall pay any c,st or e.\ ense incurred by Licensor for work it shall clo in connection therewith and such coat and es:pense shalt include all engineering, inspection and other direct labor charges plats 15'/'(, of such engineering;, inspection and ()-,Tier direct labor charges, and shall also include the cost of all material used plies 101� of such cost,said percentages covering the use of hand tools, supervision, general expen es and -ii;iterial store expense. ;J. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all Nelsons that perform labor upon said premises, and will not permit or surfer any mechanics' liens or materialmen's liens of any hind or nature to be enforced a Jilst said premises for any work done of materials furnished thereon at Lice isee's instance or request. 11. Licensee will on demand repay to Licensor ail notaries' and recorders' fees necessarily ex- pended by Licensor for the purposes prescribed by the laws of this State,in the protection of Licer-Ir's interest in and to said premises. 12. in case Licensor shall bring suit to compel performance of, or recover for breach of, any cove- nanl,agreement or condition herein written,Licensee ;hall and will pay to Licensor reasonable attorney fees in addition to the amount of judgment and costs. 13. It is further agreed thr,t should the Licensor, its lessors, successors or assigns, at any time require the removal, reconstruction, alteration, or changes in the location of said structure, or shall at any time or times construct an additional track or tracla. the Licensee shall, at Licensee's own cost and expense, immediately remove, reconstruct, alter, extend or isake clianges in the location of said structure in a manner sathifactory to the Licensor upon receiving written rotice from Licensor, its lessors, successors or assigns so to do. 14. It is further agreed that this license is personitl to Ucciisee, and in case said Licensee shall attempt to assign or transfer the s�:nle, in whole or in part. without the written consent of the Licen- sor, or shall *or a period of P{xty days continuously fail to use s.-iicl structure,this license may, by notice from the Licensor to the Licensee, be revokra. 15. And it is further agreed and understood that this agreement may be cancelled by either party hereto giving thirty days' notice in Waiting to that effect to the other. 16. Except as otherwise provided herein, the tennis and conditions of this agreement shall inure to tice bettefit of and be binding upon the heirs, administrators, successors and assigns of the parties hereto. a It is expressly understood and ,,,reed that the Licensee will at no time claim the property of Licensor, nor au}r part thereof, as dedicated to public use by reason of the use of such property for any of the purposes hcrain provided for or incidental thereto. i 18. Licensee shall pay, in addition to the rental specified in Article No. 1, the sum of Ten ($10.00) Dollars for preliminary engineering, investigation and inspection. 19. Licensee shall give Licensor five (5) days written notice prior to tide commencement of wort: cif any character on the above described installation, 5 R i Y f s . F • p. 4 ... �. "3*w'i � .n•...,,,. ...y1` `�„`'-,m'!�n ��k "a"t�°`F'�a+,J.S*wsz NaJ`e. ro bar e litres eorr tr1 ti/sin Track F a6�r:, C.S. tlrtrr7r c6te su✓ otly7eS °r S oin9 see C.S,1742. fr'P i TABLE I 3ub)rade• s \ +� I OF hrCXNE5S PIPE GASIrVCJ f' it fa„pm utDiftl or PJR SUPPORT/N'G TRACK Exrs}InoGroundL:jre los/de r,?,- cydleo' Sr7n0;'17 Diameler Proe .51eelP/,oe �t s' Inches U ,.Sld. M,:2Th/ckness rCar:ier Ape A � P � } rn rng Pipet'_Y � G'a^tier Pip Gaye Na. Inches -- --- --- - - -- _--- -- - F --- - - -- - -- i 4 0 4 la � � y,'" r�r e Lrrle under rresure 1 /O 3 _ Alf }, O 5-0'� _30,3B i0 PIP_` /N EMBA/VKMENT (See General 1-We 2) PIPE //V CUT 48,34,60 I 8 TABLE II RULES GOItERN/N6 TNT lNS7ALLATlON, OF PIPE L1NES TRANSIWTTI.N6 CONCRETE ENCASEMENT IYATER OR OTHER NO.N-FLAMMABLE SI/BSTANCES w'H.E."/J CROSSING k/etas cas,:y fa auoxrrl,:ag track shah' ron:arm to ,�'ckne., es r 0i PIPES 1/NOER TRACKS: mown in Table/ a'rd srely rave joints of el/her sere++ ve/d!f v-- Number of r/vered rgoe /• 5,ha./ .5,a<'bt d rirEd fl t' eYra4ve G1 A LPngltUdinai 6ENERA4 rna}eriai did fhc,^cugh'r/ a'cd>ns,de and o 's r> :wbes .lnclies I.bis/ante/,-" urrt}om of Ile tc/op o`p{oe,casin_v or concre.'e 3.Cencrefe =as Fy `u. _uap, ,r ny t^ack rh.71, ha,-p r,re i encasemsnt shall be na}less lhan 3••0 spec,lied in cu.-rent ASTM S<r'd/Oes ynatlon C76 fo' .S.'a-odard 10,12 4 4 P_Fipg lines under/rresSUre,crossing roam/raC"s and sidings,shall strer(ty//p be rnr sizes n ,an Ts"in dlazweler and for be inMarled in en a roved casin len .+h of sue 15 5 4 PP 9• 9 crsirrg sra//he 5t.eng}h pipe tar saes ca - a ue^ n diameter ill 1e r; as shown on the drawing shore, he water tight and e.''s,7 ap red type o/cc --- 3,Prpe Gne^s under aressure cressirry}racks o}her}han main tracks 4. the Inside diameter a as.ng s.:ali 3e i,/ 'ee's G /"es ¢'�T_ 8 aria sidfngs,and p oe lines not under pressure cr-Ossiny any/rack, yreater/hao 're ;-ges nutSide d/a.neler v.r Ca' 'le'r cpe 30 7 /2 do rro} require a casiirg prvv/ded lh& Carrler pipe IS of suftrereme S. Sizes vt<.as.ng larger than shown /n Table I a-e specs,'cases 33 B 12 slreny/h }o supForl l&e hack and&as .valet-/iyhf join}.5 0 such and 91// he decided upon them piye lines,:oslnys tigh}er lhav sped red in Tad/e 1 for sappnr},irq 6 fasrhy sna•+5e so installed as tc p eeent to^mat,on of rvatr-way 36 9 /2 lrF&.may he used for ins}a//rny aipe,provided the span^belrfeea carrier &ride- }he radvay. t sha,: have eve.o hear-ng /h.-cugavue �"v/e ooth PPe and casirrq is hvckfi%/ed fv//h grout or sand. and s.aav 5 Vo& one end. A r%� °Sfir✓pv q If tattler'pipe does riot&are sufliciew/s}renglh ,'a support /rack, N'tren p 3cficab'e sr:g way he ns/r,4ed hu r4,- afk.'ng or '"" f Z O"c/o c. " casing pr ConcrelC encasPrnent must he/nsr`viled.Length +Trras+ng ,or,ig metf d!r ins/a.,ed 5y -- measureo al nght dui/es Yv Track,rha/r extend ea h side of cEntP^ nos 5e 6„ f,acd,r;<,q-eor c 5317a`• +-T — — hne of/rack four fee} o/rs }he verNca.'dis/ante from <ron, of t.e when rd qcP-r cut, uoe .'•'h-s /a+°rho d/anP/er v{3G'c^ r to lop of eoejhy or encasemen/&/nn/,zss }han /en lee,, ircept l"ss x hen res., '.:g tracks artier h5an mv,.- any sidings,.o aa, 1Sat rvhefp casing /s ins1la/1ed/&rough rorlroad aw6ankn7en'r/sha// be encased r!, cur'crele as shorn ,n able d. w r:X}CnditE'�iOn'/:s1q,7e of emf✓9,7AWed/. the enrs Of the .'asinj d No pipe 1117e5 shall he /a/d Nrrrugh ti- under hridges Or culverts, sortahiy p' ref'/eJ agas.e the n> ce !o^a•go rd/eria•, , where /here Is ✓AM/hood or restricftng le area required ror /&e which mrg,9'prey e.�/ -eady -em^va c' +.he O'-- Y purpose-fct nhiGb the A-1wRes or sulrerlr rvpre bur/,', or e/rdr:ge ng lmlrere the ends nr the nas,v area r' o'SCre gnrndsur/ace an4 fvundaligns of Iinpor/an/ s/rrrc}ores. aAme h.74 water levy., !hey a y •-e / Ve7, ev'ded dralnarle• lA •GYeac 5.1f a//difiana/tr+cks.are cPns/rucled in ///0 fvtire,the c^ofec/o% s ar%idea;n surh a lVa,^oe "rat e,?Aage rv.,/be ;andicted ' z �.aj shall be':correspwdrnfr/y Eexlendet): akay Arm '!ir rpo+v'�r..� 97d s!"^iCr✓rPS. -y° 'yP 61 lnverled siphons for drninage or irriga}ion dMeh.5 i c.S ITOSI ,O .Rey ::^em nts far casrny.s for pipes under using-slee}per w:/h tve�ded Or screwed join/s ar •:arrogated rrrw s,dint/ .n dF1c fPrJ streets mdy be modifr'ee ++her dulFarized -- — �---- pipe.wi/h all seams 9170',j0i7A5r c%se NveYed and saldered,har'rna a by c."'ef E7gineer. d/,+meler of 46'inches nr less and The reQuired s,renllh to support CARR'Efi'PIPE }rack,may he ins}a//ed WMhour a cas/ny. 5!id11 ne of ae arrlraved!'R& w>h "1hf SOUTHERN PACIFIC LINES GASIrGS• ,joints. COMMON STANDARD Casirry may he ?/' ifhet coiruga+ea'rroo,s rleoth sire/ar CancrEte 2 Ccrrugated Iron,srnn+tlr stye, a- cvncre'e carr,Fr p,c e 11 s//a//fare•sut}reienr s}rerylh /o support track,;xc4pl Choi a when rsce rvlRhcvl a casrx'y sh,vl/hate /he same str;engfh as PIPE LINES hl*ln- tawny met' be used tar h7sld/lal/0n 'awposes as orcrrrded regv,ed abate !or cas''�gs. ra behest Rule 3 -2home. 3.Cast Iron carree^pipe used WIA•cwl a (asrV sha' hate a FOR NON--FLAMMABLE SUBSTANCES Ncytab.'e(AWOcked opium tt%pF• O)a1n galranrfnl carruya'eri plt7e rhrEkneSv na}IeSs ':hall lhat spesrfed %t C;ass 5C Cast p:de• CROSSING UNDER TRACK of pcve correspnrldr�rg to rugrrrremenfs ,t lJh/e l ma1,i be used fd:,l7raleCl:Carrie!',alPes fha?' are.' 4/.4r3r7r./. h7 a! C60. NO $CALE ADOPTED APR.M,tS"as REVISED .APR 24.+9V x. 3n jVItr,,-Sg W,4esenf, the parties hereto have caused these presents to be executed by their officers thereunto dt+?y authorized the day and year first above written. w. PACIFIC ELECTRIC RAILWAY COMPANY $y Dice -Tes d Iit (Rdiern L Manes_er � {� S�Ji✓•rRiTFICMh�v �/T ��/TL3Y-'iJ�Y4ii TV4- 5 1y 1 i i Auditor's No. LICENSE UNDERGROUND PIPE CROSSING PACIFIC ELECTRIC RAILWAY CO. TO Dated 119 —Line Engineer Str?ion Bett+-een_ and 1 r�. x n.