R-83-507 - 3/10/1983Haynie & Kallman, Inc.
CONSULTING ENGINEERS
2115 North Mays • Round Rock, Texas 78664 • (512) 255.7861, 255-4564 / United Bank Tower, Suite 419 • Austin, Texas 78701 • (512) 474 -7652
Mr. Stephan L. Sheets
1111 N. Interstate 35
Farmers State Bank Bldg.
Suite 208
Round Rock, Texas 78664
Dear Mr. Sheets:
SDK /cla
Enclosure
cc: James Domel, Inspector
Haynie & Kaliman, Inc.
February 22, 1983
Re: City of Round Rock -
C.I.P. 1982 - Georgetown Street
Drainage
Please find enclosed a copy of Missouri Pacific Railroad Company's
crossing Agreement for the installation of a 36" diameter drainage pipe at
the end of Georgetown Street at the railroad track crossing.
The Agreement needs to be executed and returned to Missouri Pacific
Railroad Company as soon as possible to facilitate the completion of the
drainage project.
Please feel free to call if you have any questions concerning this
project.
Cordially,
HAYNIE & KALLMAN, INC.
Steve Kallman, P.E.
CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING
A. W, REES, JR.
GENERAL MANAGER
B. E. KERLEE
ASSISTANT GENERAL MANAGER
R. L. SHORT
GENERALSUPERINTENOENT
Haynie & Kallman, Inc.
2115 North Mays
Round Rock, Texas 78664
Dear Sirs:
JSW /drf
Attachment
MISSOURI PACIFIC RAILROAD CO.
24125 ALDINE-WESTFIELD RD.
P.O. DRAWER 35
SPRING, TEXAS 77373
TEL. AREA CODE 713
February 9, 1983
Yours very truly,
Se
Di
oth
& Lease Agent
G. R, LILLY
MSTRIGTENGINEER
350-7510
J. O, HOPE
MECHANICAL SURERINTENOENT
350 -7650
O. E. KNOX
ASSISTANT TO GENERAL MANAGER
LAN, LEASES NO CONTRACTS
350-7520
JSW- Pipe Line: ROTUND ROCK, TEXAS
City of Round Rock
255' West of MP 161
Reference is made to past correspondence regarding your firm's re-
quest on behalf of the City of Round Rock for permission to construct a 36 -inch
drain pipe beneath Missouri Pacific's right of way at Mile Post 161.05, En-
gineer's Chainage Station 8499 +39 in Williamson County, Texas, at Round Rock.
We are agreeable to permitting this crossing provided it is constructed
in accordance with our specifications, under our supervision, and provided our
standard form of Agreement is executed.
We have prepared in duplicate and attached hereto originals of our form
of Agreement to cover this installation and ask that you cause the set of ori-
ginals to be executed. Please have the City's Secretary attest and affix seal
in the spaces provided on each of the originals. We shall also need a Resolution
authorizing the Mayor's execution of the License.
The executed Agreements and Resolution should be returned to the under-
signed for processing by the Railroad, which will return a fully executed Agree-
ment for the City's files.
Please notify our Roadmaster, V. P. Patton at Palestine, Texas, telephone
(214) 723 -7747 at least 48 hours prior to the time work will begin.
RECEIVED FEB 1 4 1983
Haynie & Kaltman, Inc.
CONSULTING ENGINEERS
2115 North May • Round Rock, Texas 78664 • (512) 255 -7861, 255 -4564 / United Bank Tower, Suite 419 • Austin, Texas 78701 • (512) 474.7652
Jerry S. Wilmot
District Land Lease Agent
Missouri Pac is Railroad Company
24125 Aldi - Westfield Road
P. 0. Dra r M
Spring, xas 77373
Dear Mr. Wilmoth:
April 18, 1983
SDK /cla
cc: Mr. Steve Sheets, City AttorneyV
Re: Agreement
Pipe Line - Round Rock, Texas
City of Round Rock, Texas
255' West of MP 161
This date we are forwarding your letter dated April 14, 1983, to Mr.
Steve Sheets, City Attorney, who is in the process of getting the referenced
Agreement executed.
Cordially,
HAYNIE & KALLMAN, INC.
Ste ven"`D. Kallman, P.E., R.P.S.
CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING
A. W. REES, JR.
GENERALMANAGER
B. E. KERLEE
ASSISTANT GENERAL MANAGER
R. L. SHORT
DENERALSUPEMNTENDEW
Haynie & Kallman, Inc.
2115 North Mays
Round Rock, Texas 78664
Gentlemen:
JSW /drf
MISSOURI PACIFIC RAILROAD Go.
24125 ALDINE - WESTFIELD RD.
P.O. DRAWER M
SPRING, TEXAS 77373
TEL, AREA CODE 713
April 14, 1983
G. R. LILLY
DPSTM,ENGINEER
350 -7610
J. D. HOPE
MECHANICAL SUPERINTENDENT
350 -7650
O. E. KNOX
ASSISTANT TO GENERAL MANAGER
LAND, LEASES CONTRACTS
350 -7520
JSW- Pipe Line: ROUND ROCK, TEXAS
City of Round Rock
255' West of MP 161
Reference is made to my letter dated February 9, 1983, regarding your
firm's request on behalf of the City of Round Rock for permission to construct
a 36 -inch drain pipe beneath Missouri Pacific's right of way at Mile Post 161.05,
Engineer's Chainage Station 8499 +39 in Williamson County, Texas, at Round Rock.
To date we have not received the executed duplicate originals of our
form of Agreement to cover the above referenced installation. Please advise
your status of handling for execution.
Yours very truly,
J�I�ry lmoth
Dist
& Lease Agent
RECE V E ) J ? - 1 3 1983
.
RECITAL S:
JK- 1 -31 -83
THIS AGREEMENT, executed in duplicate, this f {4 day of Jrin d; , 198a,
by and between MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation, hereinafter
called "Railroad ", and the CITY OF ROUND ROCK, a municipal corporation of the State of
Texas, hereinafter called "Licensee ", WITNESSETH:
In order to improve drainage conditions, Licensee desires
to install and thereafter maintain one proposed 36 -inch diameter
culvert crossing under Railroad's tracks and right of way in
Round Rock, Williamson County, Texas, to which Railroad is agree-
able but solely upon the terms and conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of the premises and of the covenants and agree-
ments hereinafter contained, the parties hereto agree:
1. Railroad, solely to the extent of its right, title and interest, without any
warranty, either express or implied, hereby grants to Licensee, its successors and
assigns, license and permission, subject to the terms and conditions hereinafter set
forth, to construct, maintain, operate, and use its proposed 36 -inch diameter, No. 10
gage, asbestos bonded, coated and paved, corrugated -metal pipe culvert, 145 feet long,
being hereinafter called "Drainage Facility ", under and across Railroad's tracks and
right of way, hereinafter called "Premises ", at Mile Post 161.05, in the Wiley Harris
Survey, Williamson County, Texas, at Round Rock, approximately where shown on Rail-
road's Texas District, Palestine Division, white print, dated October 12, 1982, at
Spring, Texas, marked Exhibit "A ", attached hereto as part hereof.
This grant is expressly subject and subordinate to the present and future
right in Railroad, its successors, assigns, lessees, grantees and licensees to maintain,
use, operate and renew on, beneath or above surface of Premises any telephone, telegraph,
power, communication or signal lines, poles and/or appurtenances, tracks, roadways,
pipelines, structures, improvements or facilities of similar or different character, as
now located, and to construct, install, establish and thereafter maintain, use, operate
and renew on, beneath or above the surface of Premises any or all of said things pro-
vided the same do not materially interfere with Licensee's use of Premises as hereinabove
provided; provided further, however, the foregoing conditions for future construction
and installation shall not apply to railroad tracks, which Railroad, its successors and
assigns, shall have the right to install, construct, maintain and operate on, over or
under the Premises at any and all times.
2. This grant of license and permission is further subject to the following terms,
provisions and conditions, which Licensee hereby expressly accepts, to wit:
(a) Licensee shall not begin, nor permit its contractor to begin, any work
of any nature whatsoever on Premises until Licensee or its contractor
84945
v
J K- 1 -31 -83
shall have given Railroad's General Manager at least 24 hours' written
notice in advance of starting same;
(b) Licensee or its contractor shall perform its work hereunder at such
times and in such manner as shall be agreed upon between Licensee and
Railroad's said General Manager or his duly authorized representative.
During the entire progress of Licensee's work on or about Premises,
Licensee or its contractor shall maintain contact and liaison with
Railroad's authorized representatives so as to ascertain the time of
passage of trains at the site of Licensee's work and so as to permit
free and safe flow of railroad traffic. All work of Licensee shall
be performed without interference with Railroad's tracks and opera-
tions and structures or facilities. Licensee or its contractor
shall use utmost care in protecting Railroad's and others' property
and in avoiding accidents. Upon completion of its work hereunder,
Licensee shall leave Premises in a condition satisfactory to Rail-
road's authorized representative;
(c) Licensee shall, at its sole cost, maintain the Drainage Facility in
a good and safe condition and keep same free and clear of debris,
sediment or obstructive matter which may or could interfere with
or impede the proper functioning thereof; and
(d) Licensee shall, at Licensee's sole cost, risk and responsibility,
furnish or do or cause to be furnished or done any and all things,
and when, where and as from time to time required to accomplish
whatsoever Licensee attempts or is bound to do at any time here-
under. Said things, including the time and manner of doing any work,
each shall conform to the requirements of the Railroad as well as
of any State, Federal or Municipal authority.
3. Licensee shall submit the design of Drainage Facility to Railroad's General
Manager, or his authorized representative, for approval. No work shall be performed in
connection with Drainage Facility prior to receipt of Railroad's approval. No approval
by Railroad of Licensee's or its contractor's plans shall relieve Licensee or its con-
tractor of any responsibility or liability hereunder.
The Drainage Facility shall be installed by the jacking and boring method and
shall be so installed that the upper surface thereof shall be at least 4.0 feet below
the bottom of any rail thereover.
4. During any periods when work is being performed on or adjacent to Premises
by Licensee or its contractor in connection with the excavating and constructing of
Drainage Facility, Railroad is authorized to furnish flagmen or other protective ser-
vices or devices and to take such other action as in Railroad's opinion may be necessary
for Railroad's protection in the conduct of railroad operations; and Licensee, upon
JK- 1 -31 -83
receipt of bill therefor, shall reimburse Railroad for any costs so incurred, such cost
to be computed in accordance with Railroad's customary practices.
5. Licensee shall require any contractor engaged or employed to perform any
work hereunder on behalf of Licensee on any part of Premises to procure and keep in
effect during the period of such work Workmen's Compensation insurance - statutory
limit, and contractor's public liability and property damage insurance, covering opera-
tions of such contractor or any of his subcontractors incident to or in connection with
performance of said work on or about Premises, in amounts of not less than $500,000/
$1,000,000 for each - bodily injury and property damage coverage during the policy period;
such insurance shall be in form and in companies satisfactory to Railroad and shall not
be subject to change or cancellation on less than 15 days' written notice to Railroad.
6. Regardless of the insurance provisions set forth in Section 5 hereof, Licen-
see shall further require any contractor engaged or employed to perform any of the work
referred to herein on any part of Railroad's property covered by this agreement to pro-
cure and keep in effect during the period of such work Railroad Protective Liability
Insurance, in form set forth in Federal Highway Program Manual, Volume 6, Chapter 6,
Section 2, Subsection 2, dated October 25, 1974, issued by Federal Highway Administra-
tion, as amended, on behalf of Railroad, in amount of $2,000,000 combined single limit
per occurrence for bodily injury, death, and property damage, with an aggregate limit
of $6,000,000 for the annual policy period; such insurance shall be in form and in a
company satisfactory to Railroad; and Licensee or its contractor shall not attempt to
perform any work on or about Premises until notified by Railroad that the Railroad Pro-
tective Liability policy required hereunder is in form satisfactory to Railroad.
7. Licensee further hereby agrees that Railroad shall not, at any time, be re-
quired to bear or assume any cost or expense in or incident to the construction and
maintenance of the Drainage Facility; Licensee hereby expressly agrees to bear and
assume all such cost and expense.
Licensee hereby agrees to reimburse the Railroad for any and all costs of
repairing or replacing any property of Railroad or others damaged or destroyed as a
result of the performance of any work hereunder by or on behalf of Licensee, or as a
result of the exercise of the rights herein granted.
8. Licensee shall, and hereby agrees to, assume and discharge, and protect, in-
demnify and save harmless Railroad from and against: (a) any and all claims, demands,
judgments, losses, costs and expenses for injury to or death of any and all persons
and damage to or loss or destruction of any and all property (including, but not limited
to, the parties hereto and their employes, and the property of said parties and of their
said employes) in any manner arising from or growing out of any work done by or for the
Licensee in or incident to the installation of Drainage Facility, or in any manner
arising from or growing out of the existence, maintenance or use of Drainage Facility,
and (b) any complaint, claim or damages grounded upon the effect at any time of any
water which because of the excavation, maintenance or existence of said Drainage Facility
shall flow upon the lands, crops or improvements of any person or party; provided, how-
ever, the foregoing indemnification provisions shall not apply to any claims, suits,
damages, costs, losses and expenses for which Railroad shall have been compensated
through insurance required of Licensee's contractor as per Sections 5 and 6 hereof.
9. This agreement shall begin with the date first hereinabove written and con-
tinue thereafter for so long as Premises shall be used for the purposes set forth
herein; provided, however, if Licensee shall abandon the use of Premises, or any part
thereof, for such purposes, this license and permission and the rights and privileges
granted hereby as to the portion or portions so abandoned shall expire and terminate
at the time each such portion shall be so abandoned; whereupon Railroad shall have the
same complete title to Premises so abandoned as though these presents had never been
executed and the right to enter thereon and exclude therefrom Licensee, its succes-
sors and assigns.
10. No damages shall be recoverable from Railroad because of any dispossession
of Licensee or because of any failure of, defect in or extinction of Railroad's title.
11. This agreement and all of the covenants and conditions hereof shall inure
to and bind each party's successors and assigns. Either party hereto may waive any
default at any time of the other without affecting, or impairing any right arising
from, any subsequent or other default.
12. Licensee, when returning this agreement to Railroad (signed), shall cause
same to be accompanied by such order, resolution, or ordinance of the governing body
of Licensee, passed and approved as by law prescribed, and duly certified, evidencing
the authority of the person executing this agreement on behalf of Licensee with the
power so to do and which shall certify that funds are available and have been appro-
priated for the payment of any sums agreed to be paid by Licensee hereunder.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of
the day and year first hereinabove written.
ATTEST:
4 Secretary
ATTEST:
iry of /Qou.NO Peel(
14 E.
2ouniO /hock, 7X 740
JK- 1 -31 -83
MISSOURI PACIFIC RAILROAD COMPANY
By 1C . Ss+M
Vice President
s4 15
L• 135'
7
I 95' « i4 , 54r. - 15L "►
1 1
No SCALE
NoTE. NO colic. NEktA,46,1A. 1S To 9e PLgLED ON - c HE No:aTu
- END of PRDP. .PIFE.
To 70
PROP. 3Q. 145' CORAUGATED ST EEL •PIPE
(2' /3 " " Ye CDR RUGATSON' ASBESTOS 80NOED- COATED
AND PAVED, 1O UAGE ; MUSTC.oNW(yM To
AQEA SPEC. %-4 - 4 '1b 1N(...L05IVE
NOTE BOOK
£(,RAVEL
-- 401 - -- -1 E
4
DWN. BY SFA/
W iA MSCN
W ILEY
84945
Co.
7J F. J ET
R/W
No. / l
— Nov. YARDTAK'A"
PRD:, YARD T'na 8
— TSK
)5J5e
T S ti rlc
Pnor 3C
OEA: N1_c
E.C.S 4'Q *39
C
LxH/81T A
RJW
MISSOURI PACIFIC RAILROAD COMPANY
DISTRICT —7/ - DIVISION f :.ESr NE
nv. 3(, DRAIN PIPE Fox
CITY Of ■•OJNO RDLK
M P 161
OFFICE OF DISTRICT ENGINEER, SPRING, TEXAS
SCALE A S Sxr •xn -
DATE / 0 AL /Q! I DING. NO.
T
WHEREAS, in order to improve drainage conditions it is
necessary to install a thirty -six inch (36 ") culvert under
the Missouri Pacific Railroad Company's right -of -way, and
WHEREAS, MoPac has submitted an agreement permitting the
construction of said drainage culvert, and
WHEREAS, the Council desires to execute said agreement,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor is hereby .. authorized and directed to
execute on behalf of the City an agreement with MoPac, a copy
of said agreement being attached hereto and incorporated
herein for all purposes.
RESOLVED this /6 day of // , 1983.
ATTEST:
a /n/na) o a, z4-
JO NE LAND, City Secretary
RESOLUTION NO. ,6
_■.7arr.1
LAR . •NN, R'ayor
City of Round Rock