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R-84-620 - 6/14/1984PIPE LINE LICENSE ,THIS INSTRUMENT, executed in duplicate, May 24 - 1 - Form 20021 10/74 , 19 , WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( XXXXXHHfi2Ba Municipal corporation ), (individual, copartners or corp. & state where incorporated) to be addressed at 214 East Main Street, Round Rock, Texas hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying sanitary sewage the Licensee's own one • certain proposed (number) (proposed or existing) continuous line of cast iron pipe , 16" in diameter, and appurtenances, }: ?, ".{X::k=;;.:c , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line wall be used to transport sanitary sewage . Pipe Line shall intersect Carrier's existing t X&XX CC at Nile Post 160.66 Xx7, XY:yCCX,'gX , � ( * t g r � ackk � or right of way) Engineer's Chainage Station 8482 +91 &C \tY7ENEB8 3 xxxx 'Williamson County , Texas XX,X)8 }DDX near Round Rock county or parish) (state) (place) Approximate location of Pipe Line is indicated by line black on 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 esponsibility any and all things and when and as from time to time required to accomplibh 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 dc••°e 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. Ir deposit bo less than actual cost, Licensee ohall pay the difference; if score, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier TWO HUNDRED & FIFTY 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 May 24 , 19 , 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 shall 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, br impairing any right arising from, any sub- sequent default. i 4. Effective as of the effective date hereof, this agreement supersedes and cancels Pipe Line License No. CA- 84920, dated January 14, 1983, between the parties hereto, covering a 12 -inch sanitary sewer line crossing at Mile Post 160.71, Engineer's Chainage Station 8481+84 near Round Rock, Williamson County, Texas, but without prejudice as to any accrued liability. WITNESSES: ATTEST: By (Affix Seal) WITNESSES: Secretary r•orm .uuei lu/14 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF ROUND ROCK By Mayor . As Licensee, second party herein 15' Lcac-p. PL-Pst'l ‘oo 3' MIN 5 MI141 p Rop, =Q.c.c..? PIPE 90 cost, Hpommut-, pqvzsuRE ''NO C-ASlNC "WV No SIGNS pipE%_,,4t R/W L Na5, E'Z sm 4- oi 1 PRoPoswin. It, CAS's' M_Roni sp.m s a L I N T Ex .NNE.rc "A" MISSOURI PACIFIC RAILROAD COMPANY DISTRICT DIVISION 1IthLE PRO?. 16 SANI GeWe.P. PlPetaN FOR CVT Y of Rourca OWN. BY OE? 15' 95 ) ■ "r 2 PLACE AT 1 .41i-LAM5ON Co., %4e,(DER SURVEY t 85 ' • OFFICE OF DISTRICT ENGINEER. SPRING. TEXAS NOTE BOOK SCALE AS S V, ow T - 1 DATE a -o3-24 DWG NO. PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, May 24 The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( XXXiX(1N(1a Municipal corporation ) (individual, copartners or corp. & state where incorporated) to be addressed at 214 East Main Street, Round Rock, Texas hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying sanitary sewage the Licensee's own one • certain Prop osed (number) (proposed or existing) continuous line of cast iron pipe , 16" in diameter, and appurtenances, E .4L`I;.Idd , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line w;11 be used to transport sanitary sewage . Pipe Line shall intersect Carrier's existing trac k XXXX CX at Nile Post 160.66 xNlffloe C X (track o right of way) Engineer's Chainage Station 8482 +91 X. 38 XXXX W lliamson County , Texas XXMINDDDX near 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 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 accompli6h whatsoever the Licensee attempts or is bourn] 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 de -e within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; ani Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be loss than actual cost, Licensee shall pay the difference; if more, Carrier shall repay difference. • Licensee when returning this license (signed) shall pay to Carrier TWO HUNDRED & FIFTY 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 don"ge 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: ATTEST: By (Affix Seal) WITNESSES: Secretary 3. Term hereof shall begin with May 24 , 1984 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 shall 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 electioh without notice be deemed abandoned. Covenants herein shall, inure to. or bind each . party's heirs, legal representatives, successors and assigns; provided: no 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, br impairing any right arising from, any sub- sequent default. 4. Effective as of the effective date hereof, this agreement supersedes and cancels Pipe Line License No. CA- 84920, dated January 14, 1983, between the parties hereto, covering a 12 -inch sanitary sewer line crossing at Mile Post 160.71, Engineer's Chainage Station 8481+84 near Round Rock, Williamson County, Texas, but without prejudice as to any accrued liability. MISSOURI PACIFIC RAILROAD COMPANY WITNESSES: . _- . ...:. .: By , General Manager As Carrier, first party herein • • CITY OF ROUND ROCK By iorm 4UU4i Mayor As Licensee,, second party herein iu/74 T. - F3' mu; Lor-A-rtoR PLP•t+ %ow OWN. BY Dep 85' ) a 1 g ?slop, 16 PIPE vio Ps1 HAU 1 (1t.4 P12E5,ScARE .. NCI CASING, P RCAusiZ8D No el co.1$ oenso PiPe LtAt LOCATION ftw 0 GS PI-Ao.2 AT R/w LI 15' Wi LL ANN So N P.A. IA o,OETI. SURVEY 85' PRIDRc tu. " Gas,. Lyon./ /z..r...k.-s-Alz.1.• 5 utot E ■Nwa-v MISSOURI PACIFIC RAILROAD COMPANY DISTRICT _.:T_ZXL\s____ DIVISION ?3_E ?TAO?, I1. SANITARY GeWela. Pave.x.irst F 0 C.17 Y ROUNQ P.00..14 NW 1400. I RouAo ROCK OFFICE CF DISTRICT ENGINEER, SPRING. TEXAS NOTE BOOK SCALE As sp, r+ DATE 9 --o3-24 DWG NO. MIKE ROBINSON Mayor MIKE HEILIGENSTEIN Mayor Pro-tem COUNCIL MEMBERS GRAHAM HOWELL PETE CORREA RONNIE JEAN JOE BAKER TRUDY L LEE BOB BENNETT Cdy Manager STEPH4N L SHEETS Sty Attorney DAN R. McNERY Municipal Judge 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.O. Drawer M Spring, Texas 77383 cc: Scott Linden Haynie & Kallman, Inc. June 26, 1984 RE: Letter dated 5 -25 -84 Mr. Scott Linden Haynie & Kallman, Inc. Enclosed please find two original Pipe Line License Agreements signed by the City of Round Rock between the City of Round Rock and MOPAC. These documents are now ready for MOPAC signatures. Also enclosed is our check for $250.00 and a certified copy of the City's enacting resolution. If further documentation is necessary to expidite this agreement, please let me know. Joanne Land City Secretary Mr. Scott Linden Haynie & Kallman, Inc. 2115 North Mays Round Rock, Texas 78664 Dear Mr. Linden: MISSOURI PACIFTIC RAILROAD CO. 24125 ALDINE- WESTFIELI) RD. P. 0. DRAWER M SPRING. TEXAS 77383 TEL. AREA CODE 713 A. W. REES. JR. May 25, 1984 J. W.HEAVIN GENERAL MANAGER GiarOCr ENGINEER 3567692 n N .GENERA L ME wse Aca J. DUN Nr ME rt cA oc. R. L. SHORT 350-7090 E GENERAL SUPERINTENDENT GLW - Pipe Line: ROUND ROCK, TEXAS City of Round Rock 1530' East of MP 161 0. E. KNOX A„OTANTTO GENERAL MANAGER LAND. LEASES AND CONTRACTS 350-7520 Reference is made to past correspondence regarding your firm's request on behalf of the City of Round Rock for permission to construct a 16 -inch pipe line beneath Missouri Pacific's right of way at Mile Post 160.66, Engineer's Chainage Station 8482+91 in Williamson County, Texas, at Round Rock. We are agreeable to permitting this crossing provided it is con- structed in accordance with our specifications, under our supervision, and provided our standard form of Pipe Line License is executed. There is a $250.00 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 Secretary attest and affix seal in the space provided on each of the originals We sha3I also need a Resolution authorizing the Mayor's execution of the license. The executed Licenses, Resolution and $250.00 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 Area Code 214/729 -3866, at least 48 hours prior to the time work will begin. GLW:slb Sincerely, Grace L. Withers District Land & Lease Agent RESOLUTION NO. 4 WHEREAS, it is necessary to construct a wastewater force main beneath the Missouri Pacific Railroad Co.'s right -of -way, and WHEREAS, Mo.Pac. has submitted a Pipe Line License agreement which will permit the construction of said force main, 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 al purposes. RESOLVED this A/ day of , 1984. ATTEST: LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock