R-83-543 - 9/28/1983MISSOURI PACIFIC RAILROAD CO.
A. W, REES. JR.
GENERAL MANAGER
B. E. KERLEE
ASSIErRNT GENERAL MANAGER
R. L SHORT
GENERAL SUPERINTENDENT
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Gentlemen:
/drf
Attachment
24126 ALDINE- WESTFIELD RD.
P. 0. DRAWER M
SPRING, TEXAS 77383
TEL AREA CODE 713
November 2, 1983
Yours very truly,
J. W. HEAVIN
DISTRICT ENGINEER
3567531
J. G. DUNLAP
MECHANICAL SUPERINTENDENT
3367650
O. E. KNOX
TOGENERAL MANAGER
LANE, LEASES AND CONTRACTS
3567520
GLW- Pipe Line: ROUND ROCK, TEXAS
City of Round Rock
Herewith your original of Pipe Line License dated September 9, 1983,
covering crossing of our right of way at Mile Post 1.98, Engineer's Chainage
Station 411 +33 in Williamson County, Texas, at Round Rock.
The City of Round Rock's check no. 003623 dated October 14, 1983,
in the amount of $500.00 which covers the fee for this License is being for-
warded to Missouri Pacific Railroad Company, P. 0. Box 18546M, St. Louis,
Missouri, 63195.
GLW- Pipe Line: ROUND ROCK, TEXAS
City of Round Rock
The undersigned Carrier hereby grants. but o c solelv expressed terms and
conditions, and the undersig Licensee ( - npaa s r p g ),
to be addressed at
214 East 1�ain v5tdreet' Round Rock, Texas . 78 state where incorporated)
hereby accepts, permission to install, keep, maintain, repair, renew and us for conveying
water the Licensee's. own one certain Propos
Ibe) (proposed or existing)
asbestos cement Ilene a
continuous lie of pipe in diameter, and appurtenances,
22 - inch steel 60 feet long
including , herein called Pipe Line on
the Carrier's property, herein called Premises. Pipe Line will be used to tranepor
water
PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, September 9
track
(track or right o£ wa
, Tff. at Mile Post 1.9& ng neei alihalnage ;0OW existing
. Station 411 +33
Williamson County • Texas , a t 3 Round Rock
(place)
line on
(county or parish) (state)
Approximate location of Pipe Line is indicated by heavy black
Exhibit A attached hereto as part hereof.
1. Licensee shall at all times keep Pipe Line in good state of repair. All work by
Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall
furnish or do at Licensee's own cost and responsibility any and all things and when and
as from time to time required to accomplish whatsoever the Licensee attempts or is bound
to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as
made at any time in any of Carrier's property; at all times keeping upper surface of Pipe
Line at least five and one -half feet below bottom of rail thereover.
Licensee shall cause Pipe Line, before being used for anything inflammable, to conform
substantially to Exhibit B attached hereto as part hereof. Said things, including the
time and manner of doing any work, each shall conform to the requirements of Carrier as
well as of any State, Federal or Municipal authority. Carrier may acting for Licensee
furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required
of Licensee at any time, either shall not be furnished or done within ten days following
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier
shall repay difference.
Licensee when returning this license •(signed) shall pay to Carrier FIVE HUNDRED ($500.00)
dollars for the license granted herein. Any other payment shall be made within twenty
days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ-
ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates
to point of use, plus taxes and usual railroad additives. No provisions of this paragraph,
nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any
responsibility or liability.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against
all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any
manner resulting from or arising out of or in connection with the laying, maintenance.
renewal, repair, use, existence or removal of Pipe Line, including the breaking of
same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of how caused and regardless of any negligence on the
part of Carrier, or otherwise.
- 1 -
Form 20021 10/74
, 19 , WITNESSETH:
85379
•
3. Term 'hereof shall begin with September 9 , 19 83, and continue there-
after until concluded (1st) by expiration of - thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of - six
months without the Pipe Line having been installed or by Licensee failing (a -1) to cure
any default or (a -2) to show statutory right to install Pipe Line within thirty
days following Carrier's written request therefor. Any notice of Carrier be deemed
served when posted conspicuously on Pipe. Line or when deposited postage prepaid in U. S.
mail addressed as aforesaid. Not later than last day of term hereof Licensee shall
remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. Covenants herein shall inure to or. bind each
party's heirs, legal representatives, successors and assigns; provided: no right of
Licensee shall be transferred or assigned, either voluntarily or involuntarily, except
by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at
any time of the other without affecting, or impairing any right arising from, any sub-
sequent default.
WITNESSES:
ATTES :
By ill "Ji
fix Seal)
WITNESSES:
Secretary
MISSOURI PACIFIC RAILROAD COMPANY
By
By
- 2 -
[;et[pTal Manag
CITY OF
As Carrier, firs
Form 20021 10/74
fp
arty herein
r o
As Licensee, second party herein
85379
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a ;l i �/ Jacob M. Harrel% Survey
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Hermitage
Section
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85379
Ins4alla }ion:
Tunnel a Sore E5CFl1BCC L+:'
Water Main.
75¢ P5.I
Prop. WIL X -ing
MISSOURI RACIRC RAILROAD COMPANY
DIST lCT Texas DIVISION Pates•inC
Proposed 12." YVaaer Line
Crossing To Serve "
City of Round Rock.
M.P. 1.98
R.00r R.oc.., Tetcos
®
OFFICE OF DISTRICT ENGINEER. SPRING. TEXAS
Cki3 b., DGS v
NOTE BOOK J SCALE - Nohed
Mai AY RLP i nor 4 -8-83 I owe: ban d.u_r..
A. W. REES JR.
GENERAL MANAGER
B. E. KERLEE
ANM TAM GENERAL MANAGER
R. L SHORT
GENERAL SuPERINTENDENr
Mr. Russell D. Parker
Parker and Rogers Construction Company
1603 Northwest Boulevard
Georgetown, Texas 78626
Dear Mr. Parker:
GLW /drf
Attachment
1
T 1
Missoum PACIFIC RAILRO D C•
24125 ALDINE - WESTFIELD RD.
P.O. DRAWER M
SPRING, TEXAS 77373
TEL. AREA COO[ 719
September 9, 1983
GLW- Pipe Line: ROUND ROCK, TEXAS
City of Round Rock
Reference is made to your letter dated August 31, 1983, regarding your
firm's request on behalf of the City of Round Rock for permission to construct a
12 -inch water line beneath Missouri Pacific's right of way at Mile Post 1.98, En-
gineer's Chainage Station 411 +33 in Williamson County, Texas, near 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 Pipe Line License is executed. There is a $500.00 consideration
for this crossing.
We have prepared in duplicate and attached hereto originals of our form
Pipe Line License to cover this installation and ask that you cause the set of
originals 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 Licenses, Resolution and $500.00 consideration should be
returned to the undersigned for processing by the Railroad, which will return a
fully executed License for the City's files.
Please notify our Roadmaster, Mr. V. P. Patton at Palestine, Texas,
telephone (214) 729 -3866 at least 48 hours prior to the time work will begin.
Yours very truly,
Grace L. Withers
District Land & Lease Agent
J. W. HEAVIN
EMETNR ENGINEER
350-7632
J. D. HOPE
MEEHAMIGAL S7PERINTENOEM
9567650
O. E. KNOX
AENETANTTOGERERAL MANAGER
L*NO LEASER AND CONTRACTS
9567520
LARRY L TONN
Mayor
MIKE ROBINSON
Mayor Pro-tem
COUNCIL MEMBERS
MIKE HEILIGENSTEIN
GRAHAM HOWELL
PETE CORREA
JOE BAKER
TRUDY L LEE
BOB BENNETT
City Manager
STEPHAN L. SHEETS
City Attorney
DAN R. MENERY
Municipal Juaga
THE CITY OF ROUND ROCK
214 E. Main St. • AC 512-255-3612 • Round Rock, Texas 78664
Dear Ms. Withers:
Enc.
"GOOD LIVING WITH A PROUD HERITAGE"
Grace L. Withers
District Land & Lease Agent
Missouri Pacific Railroad Co.
24125 Aldine - Westfield Rd.
P. 0. Drawer M
Spring, Texas 77373
October 14, 1983
Re: Letter Dated 9 -9 -83
Enclosed is a check for S500.00 and the two executed copies
of a Pipe Line License for the City of Round Rock. Please forward
one copy back to this office when you have completed the license
agreement.
If any further information is needed, please do not hesitate
to contact me.
Sincerely,
Q teounv
Joanne Land
City Secretary
RESOLUTION NO. 43R
WHEREAS, it is necessary to construct a twelve inch
(12 ") water line beneath the Missouri Pacific Railroad Co.'s
right -of -way to serve the proposed Hermitage Subdivision, and
WHEREAS, Mo.Pac. has submitted a Pipe Line License
agreement which will permit the construction of the water
line, and
WHEREAS, the City Council wishes to approve and execute
said license agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor of the City of Round Rock, Texas, is
hereby authorized and directed to execute on behalf of the
City, a Pipe Line License agreement, a copy of such agreement
being attached hereto and incorporated herein for all
purposes.
ATTEST:
RESOLVED this �IAD day of
JS/NNE LAND, City Secretary
LAN L. TONN, Mayor
City of Round Rock, Texas
, 1983.
- 1 -
Form 20021 1074
GLW- Pipe Line: ROUND ROCK, TEXAS
City of Round Rock PIPE LINE LICENSE
THIS INSTRUMENT, executed in duplicate, September 9 , 1983 , WITNFSSETH:
The undersigned Carrier hereby grants, but on solely the herein expressed terms and
conditions, and the undersigned Licensee (a municipal corporation ),
(individual, copartners or corp. & state where incorporated): =,
to be addressed at 214 East Main Street, Round Rock, Texas 78664
hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying'`,
water the Licensee's own one certain proposed
(number) (proposed or existing).
continuous line of asbestos cement pipe , 12 inches in diameter, and appurtenances,-
including 22 -inch steel, 60 feet long a herein called Pipe Line, on
the Carrier's property, herein called Premises. Pipe Line will be used to transport
water
. Pipe Line shall intersect Carrier's existing
track , edam at Mile Post 1.98, Engineer's ChainageX
(track or right of way) Station 411 +33
XXXXXXXX Williamson County , Texas a at E R R Round Rock
(county or parish) (state) (place)
Approximate location of Pipe Line is indicated by heavy black line on
Exhibit A attached hereto as part hereof.
1. Licensee shall at all times keep Pipe Line in goof state of repair. All work by
Licensee hereunder shall be performed in a safe and workmasilike manner. Licensee shall
furnish or do at Licensee's own cost and responsibility any and all things and when and
as from time to time required to accomplish whatsoever the Licensee attempts or is bound
to de at any time hereunder. Licensee shall adjust Pipe Line to any physical change as
made at any time in any of Carrier's property; at all time keeping upper surface of Pipe
Line at least five and one -half feet below bottom of rail thereover.
Licensee shall cause Pipe Line, before being used for anything inflammable, to conform
substantially to Exhibit B attached hereto as part hereof. Said things, including the
time and manner of doing any work, each shall conform to the requirements of Carrier as
well as of any State, Federal or Municipal authority. Carrier may acting for Licensee
furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required
of Licensee at any time, either shall not be furnished or done within ten days following
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier
shall repay difference.
Licensee when returning this license (signed) shall pay to CarrierFlVE HUNDRED ($500.00
dollars for the license granted herein. Any other payment shall be made within twenty
days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ -.
ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates
to point of use, plus taxes and usual railroad additives. No provisions of this paragraph,
nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any
responsibility or liability.
2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against
all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any
manner resulting from or arising out of or in connection with the laying, maintenance.
renewal, repair, use, existence or removal of Pipe Line, including the breaking of
same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of how caused and regardless of any negligence on the
part of Carrier, or otherwise.
3. Term hereof shall begin with September 4 , 19 83, and continue there-
after until concluded (1st) by expiration of thirty days following serving,
by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof
or (2nd), at Carrier's election without further notice, by expiration of
months without the Pipe Line having been installed or by Licensee failing (a -1) to mere
any default or (a -2) to show statutory right to install Pipe Line within tkIr'ty
days following Carrier's written request therefor. Any notice of Carrier shall be deed';'.,::
served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S.:
mail addressed as aforesaid. Not later than last day of term hereof Licensee shall.
remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's
election without notice be deemed abandoned. Covenants herein shall inure to or bias each
party's heirs, legal representatives, successors and assigns; provided: no right of'"
Licensee shall be transferred or assigned, either voluntarily or involuntarily, except
by express agreement acceptable to Carrier. Carrier or Licensee may waive apy defavO t at
any time of the other without affecting, or impairing any riert arising from, any sub-
sequent default.
WITNESSES:
ATT
1
By
(Affix Seal)
WITNESSES:
Secretary
MISSOURI PACIFIC. RAILROAD COMPANY
By
- 2 -
General Manager
As Carrier, first party herein
CITY OF RO
Form 20021 10/74
By
Mayor
As Licensee„ second party herein
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Tunnel £ Bore. EXHIBIT A
War Wain:
7st P.5.I
Prop. WA_ X
MISSOURI PACIFIC RAILROAD COMPANY
DISTRICT Texas DMSfON Pnlesiinc
Proposed 12" Y'{c cr Line
Cross'ins To Sc.rvc. -
Ciky a Rotasnd RcTC .
M.P. 1.98
Round Roc.., `Ccxei.s
-ing or er
®
OFFIcE OF DISTRICT ENGINEER. SPRING. TEXAS
Ckd by DG5 v
NOTE BOOK ! sGU.E - e�e+ea
DWN BY RLP 'DATE 9-5 -83 DWG. NO 4.44.171