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R-84-649 - 10/25/1984WHEREAS, it is necessary to construct a wastewater main beneath the Missouri Pacific Railroad Co.'s right -of -way, at milepost 163, Engineers Chainage Station 8624 + 40; and WHEREAS, it is necessary to construct a water main beneath the Missouri Pacific Railroad Co.'s right -of -way, at milepost 163, Engineers Chainage Station 8609 + 20; and WHEREAS, Mo. Pac. has submitted a Pipe Line License agreement which will permit the construction of said 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, two Pipe Line License Agreements, copies of such agreements being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of October, 1984. ATTEST: RESOLUTION NO.44 9 MIKE ROBINSON, Mayor City of Round Rock, Texas Form 20021 10/74 Pipe Line: ROUND ROCK, TEXAS PIPE LINE LICENSE City of Round Rock MP 163 THIS INSTRUMENT, executed in duplicate, August 14 , 19 84, WITNESSETH: 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 E. 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 60 feet of 12 gauge casing, 21" in diameter , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to transport domestic water Pipe Line shall intersect Carrier's existing track XXi at Mile Post 163, Engineer's .. • • 4 (track or right of way) Chainage Station 8609 +20 }ft • • a XXXXXXX Williamson Texas , at exxagax Round Rock (county or parish) (state) (place) Approximate location of Pipe Line is indicated by heavy blue 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 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. - 1 - 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. 3. Term hereof shall begin with August 14 , 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 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: ATTEST: By Secretary (Affix Seal) WITNESSES: - 2 -- MISSOURI PACIFIC RAILROAD COMPANY By CITY OF ROUND ROCK Form 20021 10/74 By General Manager As Carrier, first party herein Mayor As Licensee, second party herein To P. 44.4Esre.a. N 504Le: il E --- t r_Acivic: SEAL A 0 o N aro! : &Ns DE0J0 nrJr. P T gOti MOST 311 PGACe LOCATiON ILA,'! 5c.c /.• 0 10D. Pito 12 We P,,, Lo"tri_ , /50 PSI NAAx Pr E/' CMf 12 L Cn.5,,cr DWG JAcve H., no To A c..mp a As,Eiros CLP C1-41,S /50 30' 3'00 ',A., 5L' MM EC5 8,05+ zo EX1411B IT .. MISSOURI PACIFIC RAILROAD COMPANY DIVISION r TEXAS DISTRICT SUB'D PROPOS E D WATER LINE CROSSING FOR CITY 0-F RouND RoLic ROUND ROCK TX Mp 14,3 OFFICE OF DISTRICT ENGINEER, DALLAS. TEXAS SCALE At 1•104-g DWN BY R LL IF 2.1 - 8+ IN B MP Rd. SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE I,OCATED ON RAILROAD PREMISES • Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -1b. pressure, are not to be considered as coming under these specifications. Right of Way Line i 45Ft. Minimum See Note 2 Sign 1 0 ax Note c 1F --- tFt . Minimum } Roadbed `3Ft.Minimum EXHIBIT B „ To Form 20021 (A) SCOPE (R) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below. 6 Ff.- 6in.Minimum C See secttm S ee No 1 S Vent pipe at low end easing to be connected to Carrier Pipe bottom of casing 1. Seal and vent pipe not required 2. Casing to extend beyond limit length outside of track. (SEE OTHER SIDE) ' Rightof Way Line 4 45 Ft. Minimum � See Note 2 I Sin ----s- See Note 4Ft.Minimum <(ace + 3Ft.Minimum Form 2-1002 10 -7-1 Vent pipe at high See Hotel end to be connected to top of casing if casing ends above ground where drainage is available. of railroad right -of -way if necessary to provide proper 3.' Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7, 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" Joints. Pipe at the railroad crossing shall be laid with slack (no tension) In the line. 3. CASING PIPE: Casing and Joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed. track and traffic; it shall be so c asttveted as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open. or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end, it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large tb permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: , Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at law end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed. 5. DEPTH OF CASING: Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except 'that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. 7 SHUT -OFF VALVES: %here required by the Railroad, accessible emergency shut-off valves shall be Installed within effective distances on one or each side of the crossing. - 8. LOCATION: 45 Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. 9. TOPOGRAPHY: Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable. be so in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10. APPROVAL OF PLANS. Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT -OF -WAY LANDS 1 LOCATION: Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -way line, but not closer than 41 feet to the center line of any track or to the nearest point of any bridge, building or other Important structure. "Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. _ 2. DEPTH OF PIPE LINE: Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and in suck manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account of the topography of the ground, pipe lines may he elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail - 4. CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (8), shall be provided where the following conditions (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (h) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or n earest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE: • Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B). 6. SPECIAL CARRIER PIPE be substltA spec cialtcarriero pipe, having a r strength at least 50 per cent greater than other portions of the carrier, pipe may g required under conditions set forth in Section 4, Part (C) if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OF PLANS: Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- char s substance is the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad ay and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. APPROVED. obtain. R. K. Davidson Sr. Vice - President - Operations E. T. Franzen Chief Engineer Form 20021 10/74 Pipe Line: ROUND ROCK, TEXAS PIPE LINE LICENSE City of Round Rock HP 163 THIS INSTRUMENT, executed in duplicate, August 14 , 1984, WITNESSETH: 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 E. 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 60 feet of 12 gauge casing, 21" in diameter , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to transport domestic water . Pipe Line shall intersect Carrier's existing track ,XX9CH at Mile Post 163, Engineer's XIXICEMZEMOCIODOCXXXIS (track or right of way) Chainage Station 8609 +20 Williamson , , at axxmear Round Rock (county or parish (state) (place) Approximate location of Pipe Line is indicated by heavy blue 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 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 - 3. Term 'hereof shall begin with August 14 , 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 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: ATTEST: By Secretary (Affix Seal) WITNESSES: - 2 - Form 20021 10/74 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein CITY OF ROUND ROCK P.v Mayor As Licensee, second party herein - .04: • • . To P No 5CIL e. r c-FISING SEAL V.0/1 A 0 0 0 LOCATION N P L A N = 100' 3'00" "4" PA..., Nort 310P1S 13'6 Jar IrJO. PIPE LIA.01 PR. I " WA, fr. P. o 150 PSI MAX Pre o I" C AAP I a C7/1••,C MUST ISO Pcncelo. 0 30' W. t ri, C Ty J.00f1 1-1Arrk,4, 54 A 8I" CMP I2. Goo.oc E5N-11Bir ROUND ROCK Tx MP I G3 DWG SCALE AL Norge, DWN BY R L L 'DATE Co- a IN B C-451n,1 A.sq.Etros /5 WArars,dr, ELS 8409 • LO CA$ING MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION PALsriNei. SUB'D PROPOSED WATERLINE CRossiNG FOR CITY 0+ ROUND ROCK OFFICE OF DISTRICT ENGINEER, DALLAS. TEXAS HP Rd. SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these specification are those installed to carry oil. gas. gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -1b pressure, are not to be considered as coming under these specifications. See Seal � tobeconnected to bottom of casing EXHIBIT B To Form 20021 (B) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below' Lam— Right of Way Line Right of Way Line t < 45Ft. Minimum ► ( 45Ft.Minimum 1 ›, See Note 2 ' See Note 2 Sign - -o- Sign --.j E '' See Note3 0 SeeNote3 4Ft. Minimum a` � tF .Minimum dace Roadbed 5 f3Ft.Minimum 5Ft:6in t t c See S«tlot. 3F +.Minimum Casing-' Carrier Pipe (SEE OTHER SIDE) Form 2(ac2 lo.)a Vent pipe at hig Se Seal Hotel end to be connected to top of casing Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE. Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be so Constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of Carrier pipe, Casing shall be installed with even bearing throughout its length and shall slope to one end; it shall be no installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not lees than 4 feet above ground surface. Vent pipe at law end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of easing shall be sealed to outside of carrier pipe and vent pipes shall be installed. R. N. Davidson Sr. Vice - President - Operations E. T. Franzen Chief Engineer 5. DEPTH OF CASING• where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4.1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the enter line f such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. re co 7. SHUT -OFF VALVES• Where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances on one or each side of the crossing. 8 LOCATION Where 4 re practicable, pi- or lines shall cross tracks at approximately right angles thereto and shall not be closer than 4 failure of, the pipe line. 45 feet to any portion of any railroad bridge, building r other important structure which might be injured by leakage from, Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way, 9. TOPOGRAPHY: Crossings under railroad tracks f pipe lines c rrying combustible substances shall, where stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad . practicable, be so In- lo. APPROVAL OF PLANS Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before Installation 1s begun n inspection execution � The plans sha1111ncludeiahtopographical l map n of t the s location of the proposed crossing indicating the flow of the discharging substance in the event of the of the track, fi lel f subject to its leakage trownearest tis of, Valvo in the pipe line. s pipe line and profile of proposed creasing to the but -off the pipe line extending in each direction from the (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT- OF -WAy LANDS 1. LOCATION. Pipe line shall be located as far as practicable from any track or other important structure, t than 5 feet from the right -of -way line, but not closer than 45 feet to the center line nearest any bridge, building or other important structure. "Bridge" of any track or to t Prencra i r a no m or n - crete pipes, or concrete culverts. as herein used shall not be deemed to include c ast iron point f 2 DEPTH OF PIPE LINE on Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe 3. WATERWAY CROSSINGS. Pipe Lines crossing ravines, waterways, ditches or other surface drains, chann ficient depth to be protected from scour, and in such manner a with be passed under channel the channel it a el capacity. If impracticable to so locate on s not to interfere with , pipet the be diminish a f tie lently to avoid drift and be supported o substantial bunt of the 700 type 1 0 of the ground, pipe lines coed n supports, the type d design f hick hall be may be elevated suffl- approved by the Rail- 9 CASING PIPE REQUIREMENTS: obtain. Casing, conforming to specifications in Sections 3 and 4, Part (H), shall be provided where the following conditions (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) where the pipe lino 1s located closer than 45 feet from the center line 01 any tr aend in from the nearest Lion of any bridge, building or other important structure. Such c point t least 45 feet from enter line of the track or e r fls s ex each direction po or- a f (c) Where the pipe line Is deemed by the Railroad to nearest point of structure to be cleared 5. CARRIER PIPE: present a hazard to railroad property or operation. Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B). 6. SPECIAL CARRIER be substitute eci carrier pipe. having a strength at least 50 per cent greater than other portions of the carrier, pipe may line shall submit to the equireddundera conditions set forth in Section 4, Part (C), if a pproval complete specifications covering such special al pipe 0 100 Ina tallationPe 7. ---- APPROVAL PLANS. I Plans for a proposed Installation shell be submitted to, and meet the and the execution of the work on railroad right -of -way shall be subject to its inspection the on ere a direction. b work is begun Th elude a topographical map of the location of the proposed pipe line a railroad right-of-way nd indicating low o shall in- ehaiging substance In the event f leakage Irom, or failure of, the pipe line and l in the Bheapipe lie flow the f the roa- right -of -way and extending in e ach direction from such right -of -way to the nearest shut-off valve in t e pipeline railroad t APPROVED: Form 20021 10/74 Pipe Line: ROUND ROCK, TEXAS PIPE LINE LICENSE City of Round Rock 1970' northeast of MP 163 THIS INSTRUMENT, executed in duplicate, August 14 , 19 84, WITNESSETH: 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 E. Main Street, Round Rock, Texas 78664 hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying wastewater the Licensee's own one certain proposed (number) (proposed or existing) continuous line of P.V.C. pipe , 12- inches in diameter, and appurtenances, including a manhole , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to tap into existing wastewater line 10' inside Railroad right - of - way and set manhole . Pipe Line shall intersect Carrier's existing track XXXXK at Mile Post 163, Engineer's .:i .a: .c.: XXXX,X (track or right of way) Chainage Station 8624+40 XXXXXXXXXX$XEXXXXXXXXXXX Williamson , Texas , at)6CUUMIC Round Rock (county or parish) (state) (place) Approximate location of Pipe Line is indicated by heavy blue line on Exhibit A attached hereto as part hereof. - 1 - 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 SIX HUNDRED ($600.00) 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 August 14 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, or impairing any right arising from, any sub- sequent default. WITNESSES: ATTEST: By (Affix Seal) WITNESSES: Secretary CITY OF ROUND ROCK - 2 - Form 20021 10/74 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein By Mayor As Licensee, second party herein W,,,. L,aa --- - 19 70 r .. r.� r /e, 3 - ------ • - > < F ores ` ,/11 _ .,r IC ' PVC S DI% 35 EC< 96_4 .4-D - Pr. ° r c LOCK TION PLAN Sou¢ i•- IOO Nora ; F f• . ul'•.e[ IV in it, 1/J or_I 3F Top or F ,f1. TJ ..X 2, C F_Lu.✓ .: F CF NA FLU /IL GRO.../NO E,15 „ \'!n 'r, Lahr LXH1 ••r• C. J P.,, • T A, MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION P"'•E� TIN SUB•D A'l 1 O__ °ED 1 ,IANHOIi /� ANL• Y V. Arr 1. [INF. A r• To LX TINT �Ir.- OW/I OWN BY P - •- MI ;c3 OFFICE OF DISTRICT ENGINEER. DALLAS, TEXAS SCALE A = DATE (o- C1• b+ IN MP Rd. EXHIBIT B To Form 20021 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -lb. pressure, are not to be considered as coming under these specifications. 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: LA Right of Way Line i t 4 45Ft. Minimum T See Note 2 m e Sign —w-11 SeeNote3 4 Ft. Minimum Roadbed 13ft.Minimum 6 Seal ZVent) at low end See Notel to be c onnected to bottom of casing Note 1. Seal and vent pipe not required (B) PIPE LINES CROSSING UNDER TRACKS S Ft: 6in.Minirpum See Section Casingd Carrier Pipe Right of Way Line 4 45 Ft. Minimum See Note 2 Sign ---,— See - Note 3 4F +Minimum (face Form 04002 10,4 Seal See Note! Vent pipe at hig end to be connected to top of casing if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" Joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE. Casing and Joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be an constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end. it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: - Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks o r structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed. (SEE OTHER SIDE) 5. DEPTH OF CASING Where practicable, casing pipe Under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the cooing shall be correspondingly extended. 7, SHUT -OFF VALVES. where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances on one or each side of the crossing. obtain. 8 LOCATION Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. 9 TOPOGRAPHY Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be so in- stalled that the discharge from the ends of caning Or vent pipes shall flow away from the railroad. 10. APPROVAL OF PLANS: Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing Indicating the floe of the discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. 1 LOCATION• 6. SPECIAL CARRIER PIPE: 7. APPROVAL OF PLANS. APPROVED: R. H. Davidson Sr. Vice- President - Operations (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT - OF - WAY LANDS Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -may line, but not closer than 45 feet to the center line of any track or to the nea r est point of any bridge, building or other important structure. Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. 2. DEPTH OF PIPE LINE: Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS: Pipe lines crossing ravines. waterways, ditches or other surface drains. shall be passed under the channel at a suf- ficient depth to be protected from scour, and in such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account ofthe topography of the ground, pipe lines may he elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road 4, CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation 5 CARRIER PIPE Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B) A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may he substituted for the casing required under conditions set forth in Section 4. Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. E. T. Franzen Chief Engineer Form 20021 10/74 Pipe Line: ROUND ROCK, PIPE LINE LICENSE City of Round Rock 1970' northeast of MP 163 THIS INSTRUMENT, executed in duplicate, August 14 , 1984, WITNESSETH: 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 E. Main Street, Round Rock, Texas 78664 hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying wastewater the Licensee's own on certain proposed (number) (proposed or existing) continuous line of P.V.C. pipe , 12- inches in diameter, and appurtenances, includi a manhole , herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to tap into existing wastewater line 10' inside Railroad right -of -way and set manhole . Pipe' Line shall intersect Carrier's existing track XXilet at Mile Post 163, Engineer's xotalentztoxxxxmoDoccopc (track or right of way) Chainage Station 8624 +40 Williamson , , at X X X Round Rock (county or parish (state) (place) Approximate location of Pipe Line is indicated by heavy blue 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 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 - SIX HUNDRED DOLLARS 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 - 3. Term 'hereof shall begin with August 14 , 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 election without notice be deemed abanioned. 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: ATTEST: By Secretary CITY OF ROUND ROCK (Affix Seal) WITNESSES: - 2 - Form 20021 10/74 MISSOURI PACIFIC RAILROAD COMPANY By General Manager As Carrier, first party herein Mayor As Licensee, second party herein E,�,r .+c Wn,.. wn.•,. L,, r (fin �.,., riraE - -- - 1)70 ) 7 0 ' Th.. MP 16 3 --- - - -- - > < P.. -r _ to Pvc EC5 — Pnon=e M.hJ „o�L L0CAT PLAN SC I” I'Dj' NoTE FI \0I ' MIWIM0i/ or-I• ir' Tui r F ,FE To E 3 i3r_c -u'..✓ ',a, ^ -r t -7 0+F NA TU1. nL 3R00NO L •N MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION P "�FSrIrJE SUBD A „+T„J P R O I 03 E D I /I T N Ft 0 L i AND WAASTCV,f1TI(' LINE Ai.L)irl To Ex■STIN, r,,.. r. MI ,c3 DVrG OFFICE OF DISTRICT ENGINEER, DALLAS. TEXAS SCALE A DWN BY R -- DATE 0-21'64 (NB r„ A „r,N MP Rd. (A) SCOPE Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines•in city streets, carrying less than 45 -lb. pressure, are not to be considered as coming under these specifications. SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: Right of Way Line 45Ft. Minimum See Note 2 1 Ss ho Sign See Note3 f - 4 Ft. Minimum Roadbed 3Ft. Minimum EXHIBIT B To Form 20021 (B) PIPE LINES CROSSING UNDER TRACKS 5 Ft- 6in.Minimum ( See Stctiois (SEE OTHER SIDE) Right of Way Line 45 Ft. Minimum See Note 2 c E ` Sign ---s- See �lote3 4F + Minimum 5Jt 4ace - Form 24002 10.74 Seal --" tLVent ( at low end Casings Seal See Notet to be connected to Ventpipe at hig See Note 1 bottom t be c ri casing Carrier Pipe end to be connected 9 to top of casing Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with approved' ,joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: Casing and ,joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be no constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end: it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks o r structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed. 5. DEPTH OF CASING Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. 7 SHUT -OFF VALVES: Where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances on one or each side of the crossing 8. LOCATION Where practicable, pipe lines shall cross oss tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, or other important structure which might be injured by leakage from. or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. 9. TOPOGRAPHY: Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be to in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10 APPROVAL OF PLANS. Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT-OF-WAY LANDS Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -way line, but not closer than 45 feet to the center line of any track or to the nearest point of any bridge, building or other important structure. Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. 2. DEPTH OF PIPE LINE. Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and in such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account of the topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road 1. LOCATION: 4. CASING PIPE REQUIREMENTS• Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions obtain: (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) titre the pipe line is located clothe than 45 feet from the center line of any track of Y the nearest tor- pain of any bridge, building or important fptheatt ck curt uct nea. Such casing shell ex ten ni b in each direcction on to a point at least 45 feet from center line of the track o nearest point of structure to be cleared (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE: Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B). 6. SPECIAL CARRIER PIPE: A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions set forth in Section 4, Part (C), if approved by the Railroad. pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation 7. APPROVAL OF PLANS: Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. APPROVED: R. K. Davidson' Sr. Vice- President - Operations E. T. Franzen Chief Engineer vie cLe R. L SHORT GENERAL SGPERINTENDENT MISSOURI PACIFIC RAILROAD CO. 505 NORTH INDI STRIAL BLVD. DALLAS, TEXAS 75207 TEL AREA CODE 214 760-2000 A. W. REES. JR. GENERAL MANAGER J. G. DUNLAP C. E. OHARA M cwoocALSummm:amm ASSISTANT GENERAL MANAGER J. W. HEAVIN GRGR,Gr ENGINEER Mr. Jerry Ross Page Southerland Page P. 0. Box 2004 Austin, Texas 78768 Dear Mr. Ross: October 8, 1984 CAW- Pipe Line: ROUND ROCK, TEXAS City of Round Rock 1970' n/e M.P. 163 cc: Pipe Line: ROUND ROCK, TEXAS City of Round Rock 450' s/w M.P. 163 M. P. HORN C, MANAGER LANE Luewega NrMC,e P. E. LEAKS. JR. DISTRICT PERSONNEL OFFICER C. A. MURDOCK MANAGER ADMPASTRATVE So mcm Reference is made to previous correspondence and telephone conversation con -• cerning your firm's request on behalf of the City of Round Rock for permission to construct a 12 -inch wastewater line and set manhole approximately 1,970 feet north- east of Mile Post 163, Engineer's Chainage Station 8624 +40; and, to construct a 12 -inch water line approximately 450 feet southwest of Mile Post 163, Engineer's Chainage Station 8609 +20, in Williamson County, Texas, at Round Rock. As stated in our letter of August 14, 1984, we are agreeable to permitting these crossings provided they are constructed in accordance with our specifications, under our supervision and provided our standard form of Pipe Line License is executed. There is an $1100.00 consideration for these crossings. We are returning herewith duplicate originals of our form of Pipe Line License covering these installations. As previously advised, these Licenses are between Missouri Pacific Railroad, as Carrier, and the City of Round Rock, as Licensee; therefore, it is necessary that they be executed by the Mayor of Round Rock and not Mr. Halladay. We ask that you cause the two sets of originals to be executed by the Mayor of Round Rock, having the City Secretary attest and affix seal in the spaces pro- vided therefor, and furnish the required Resolution authorizing the Mayor's execu- tion of said Licenses. The executed Licenses and $1100 consideration should be returned to the undersigned for further handling by the Railroad, which will return a fully executed original of each License to you for your company's files. Mr. Jerry Ross October 8, 1984 Page Two As you advised in a previous telephone conversation, M H & B Joint Venture's check number 124 dated September 12, 1984, in the amount of $1,050.00 was erroneously issued to cover these Licenses and we are returning same herewith. In regards to your proposal to replace the existing open storm drain with three (3) 12 -inch pipes, be advised that all drainage structures under existing road crossings are the responsibility of the city, county, or state. Please notify our Roadmaster, Mr. V. P. Patton at Palestine, Texas, telephone (214) 723 -3866, at least 48 hours prior to the time work will commence. :caw Attachment Yours very truly, :v; "''•' #- r Form 20021 10/74 ". Pipe Line: ROUND ROCK, TEXAS 3 PIPE LINE LICENSE' City of - Round, Rock • 1970' northeast of MP 163 "'THIS INSTRUMENT, executed in duplicate, August 14 ' , 19 84, WITNESSETH': The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( 'a Municipal corporation` A .' ), (individual,` copartners or corp. & state where incorporated) 'to be addressed',at 214 E. Main Street, Round Rock, Texas 78664'.: : - ' , 4 - hereby aceepts, permission to install, keep, maintain; repair, - renew and use for conveying:' ••� wastewater ' the Licensee's own one certain"' proposed " ` �' - ' • :-- (number) (proposed or' existing) - -, continuous line •.of P.V.C.' pipe , 12- `inches in diameter, and appurtenances, including ,a manhole ° -C - '., herein called Pipe Line, on the Carrier's property, herein called Premises. Pipe Line will be used to tap' into.. existing wastewater line 10'. inside R _ --. Pipe' Line shall intersect Carrier's existing track - - X1( at Mile Post •163, Engineer' track or right of way)- ', Chainage Station 8624 +40, ' -Williamson " ' • ; , Texas ;y: `.;'` r, at XXXIDEGE •. Round Rock s - • . (county or parish) •(state) a (place) Approximate location of Pipe Line is indicated by , 'heavy blue • p line' on': • Exhibit A attached-hereto as part hereof. - e - S. ' Y.: • 1. a•,;,Licensee shall all times Pipe Line in.•good state of repair.. All work by- Licenee hereunder 'shall be performed in e 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 Pi Line to any physical change as µ 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. Licerise'e shall cause Pipe'Line,•before being used for anything inflammable, to conform J. ''substantially to Exhibit B attached, hereto as part•hereof. Said things; including the + time and manner, of doing any work, each shall conform't6 the requirements' of Carrier as' well as of any State, Federal "or Municipal authority. ,Carrier may acting for Licensee ` l'furnish or' do, and Licensee shall pay and bear the co of,'anything which, herein required' : -' of Licensee at anytime, either shall not be furnished or done within ten days,following Carriers written request therefor or,shall be undertaken by.Carrier at Licensee's request; r " 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 ,SIX HUNDRED ...($600.00) _. dollars for the •• license'granted - herein: Any other `payment. -shall be made within twenty ` days following receipt of bill. Licensee shall payecost to'Carrier'for all includ- r . 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 r ailroad "additives: No provisions of this paragraph, ; ;nor, approval 1y-Carrier of any of Licensee's undertakings, shall, relieve Licensee of any . responsibility or liability: vx" ' >' s. + + , - - • - 2 :''Licensee agrees to (a) 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.,orin' connection with the 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. Term hereof shall begin with August 14 , and continue there- ' ' • aftei"untikconcluded. (1st) by expiration of ;•, " thirty days following servini,% , • by Licensee on Carrier; or vice versa; of written notice of intention to end term hereof or ( at Carrier's election without further notice;' by expiration of .., six months without the Pipe Line having been installed or by Licensee failing (a-l)to Cule j any default or (s.2) to show statutory right to install Pipe Line within o , „thirty days following Carrier 'a: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 affeeting ; or itPairing, any right arising from any .•• sequent default ; , • . - .: , . - „ , .: ;„.. -..------., „- - , . - ' . „ ,‘":-.- . '"...r ' .: - - - ..-: '•-:-'' --'" "'. --,,' ... - • •-..•-••• : ) ." - ." -- ; 4 :` , .. , ' :''.." - # ,,,- - t -- ..f.' = 7: 7.'r - -‘...'i . ' ' • - - . ..,.- • -" • , J - - . - ,-.. : - -: . - 7 ' ' ' ''• '- '::'.,;.'",,..'; • '..'':,,./. -..- ' ,,. ....C,.."..'''!"..„: i ...-* - -,,, ' -. ",-.• ' • .,.' • '',. -;„ '-' ..'.'" -'-' ' -.";... - ' ...-• ... • ;; L ,: - ''., . . :i .......... -'. ... . "_.. ' "- - • '-, : ,1 i.,." 4 "1 .', ' 1 : :,,-' . '. ' 4 . , , ' ' ":;,r; . : ' '..,. '" ' `t‘. '•.: --'' C; ,. :- , i , .„,.,'.:r ;..,.. .... ... -,... ,, : , -' --, : _' , t, ,, .-4, ..:'.."'.- , '''--': : - ... 4 -,' . : ,-.... - .' ,;• - . , f ,,, . -:;.; . : • , 24 -' .- -4- Ar„ - ..' - .',,. ' . :. A. - - .._.? *: .'..-- .,,,,,: . -.•. . ' C . --,.- '-.. ,. '• .;;,--* ' • - - -, - COMP ' • '21...1. ' s '' ""-- - ..'-'' :,. ''..." - 7s t'l '$,..." ' MISSOURI PACIFIC' :RAILROAD _ COMe-L ''',,,•. 1 "•*., _ - - , ', ; ' ''' - - „'• ,.. ..'"'":, ' ' ::' - ;'. :I '• " •. ' ..,. '. 1 , . : "-, : ''', . -,, ' • ., -, ' - '. . - . ' ' .!' . - , . ••;:. WITNESSES -• 1 • --- -- 2 - --- • - -, -- • ' • . - .;"-----,:- .......; . ' .--",. "." .----'"""::::.:,.., -', -.....-.-. -• • -;•,-- . - -i.. 1 General Manager-- •-- As Carrier, first party' herein t - • , f 4 • " B -1 " S t- - • CITY •OF - ROUND ROCK ,? - -'- - - fix WITiEgSis: - " . • - M ayor ; As 4 Licensee, second party herein . . • r Ex„r,mo Wns ..are.. To Pn,_esr,se 1970 To MP 16 < -- Pa000cro Wna - "A ECS 8624 -4'o —Peo ,en M. P.,.00,.e LOCATION PLAN SOLE: I"- I00' Nors : PRO FOSED MINIMUM 05P Tr( DF TOP OF FI PE TO 55 3'00 BELOW 6 AC OF NATURlIL G'ROUND LINE, Eustis& \Va,re nTFR Lim( It" PVC SDR 3S EXHI=1T A Co S Ho, rrtcL 5.- MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION PALESTINE SUB'D A "sTI PROPOSED MANHOLE AND WA5TEWATFIt LINE ArOITI„1 TO EXISTING LI tuG 0,Ic, TA Mf 163 OFFICE OF DISTRICT ENGINEER, DALLAS, TEXAS DWG (SCALE As 5nowm DWN BY RLL- (DATE 6 -CI-84 IN -B. MP Rd. 4. SEALS EXHIBIT B To Form 20021 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on r in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -lb. pressure, are not to be considered as coming under these specifications. Right of Way line Sign --. SeeNote3 Q ` 4 tF.Minimum } Roadbed .3Ft.Minimum 45Ft. Minimum See Note 2 C Q Seal --I t.Vent pipe at low end See Note' to be con nected to bottom of casing (B) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: SFt: 6in.Minirpum t ( Ste Section Casing/ Carrier Pipe See Note 2 I 40 Sign � —s-r See Note3 L em , ki 0 4Ft. Minimum ti J <face �a 5 3Ft.Minimum Right of' Way Line 45 Ft. Minimum Farm 24002 10 -74 Vent pipe at higt See Note! end to be connected to top of casing Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron, and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: ' Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end, it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. _ Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed (SEE OTHER SIDE) 5. DEPTH OF CASING: Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these _ distances, the casing shall be correspondingly extended. 7. SHUT -OFF VALVES: Where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances an one or each side of the crossing. 8. LOCATION: Where practicable, pipe lines shall cross tracks at approximately right angles thereto and Shall not be closer than 45 feet to any portion of any railroad bridge, building or other important Structure which might he injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way 9. TOPOGRAPHY: Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be so in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10. APPROVAL OF PLANS: 1. LOCATION. APPROVED: R. E. Davidson Sr. Vice - President - Operations Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work a railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT -OF -WAY LANDS Pipe line shall be located as ftr loser ethane from any track o other important structure, preferably not more than 5 feet from the right-of-way line, but not o closer than 45 feet to the center note f any track or to o the nearest point of any bridge, building or other important structure. Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. 2. DEPTH OF PIPE LINE: Pipe her shall be buried to a depth of at least 3 feet from surface of ground to top of pipe 3. WATERWAY CROSSINGS: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and in such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account of the topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road. 4. CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions obtain (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (0) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE: Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (B). 6. SPECIAL CARRIER PIPE: A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions set forth im Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OP PLANS: Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. E. T. Franzen Chief Engineer r r ' ' : Form 20021- -10/74' . ' Pipe Line: ROUND ROCK, TEXAS 'PIPE LINE LICENSE City of Round Rock ' ' . 1970' northeast of MP 163` THIS INSTRUMENT, executed'in duplicate, ; August 14 , 19 84, WITNFSSETH:. • The undersigned Carrier hereby grants,,biit on solely the_herein expressed terms and - s' ' 3 ° ; 'conditions, and the undersigned Licensee ( a , Municipal corporation '' ), • • - . (individual; copartners" on corp.' & state where incorporated) to be addressed at 214 E. Main Street, Round Rock, Texas 78664 - . ' ' . hereby accepts, permission to install, keep, maintain repair, renew and use for conveying ' wastewater . , _ t't l''',. he Licensee's own', one certain. ,proposed'- ° r (number) m; �, t ' - (proposed 'or existing) ' • . continuous line of P °p;C° .7. -? #' j - . .pipe n 1 ch 2- ines in' diameter, and appurtenances, ,including 'a manho , ' , herein called Pipe Line, on S_ -the Carrier's property,' herein called Premises. Pipe Line will be used to tap into - 7 existing wastewater; line 10' inside Railroad -of -way and set manhole Pipe Line shall intersect Carrier's existing track X$XRX at Mile Post 163, Engineer's ' `. - (track or right of way) -' Chainage Station 8624 +40 - +• - Williamson' , Texas', , at =mum Round Rock - - (county or parish) • • (state) , ` ' (place) Approximate location'of'Pipe Line is indicated•by r heavy blue line on ._Exhibit A attached hereto as part hereof. k a' " ' 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 td 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,o£ 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 . HUNDRED DOLLARS 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 by Carrier of any of Licensee's undertakings, shall relieve Licensee of any ' responsibility or liability. 2. Licensee agrees to (a) indemnify and save.harml'ess 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'o' any leakage therefrom, and (b) assume all risk of lo 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.' . ' . - WITNESSES: Secretary,>. CITY - OF ROUND ROCK. •MISSOURI PACIFIC RAILROAD' COMPANY General Manager - As'Carrier," first ; party herein n Mayor . Ae Licensee;,second party herein Form 20021 - 10/74 3" Term 'hereof shall-begin with ' ,. Aug'u'st° 14 . < , 1984 ,' and' continue there .>. after until'concluded,.(lst)' by: expi .1. ation of'„ ..� , thirty days'following serving, Sy y Licensee Carrier;: or" vice versa; of written notice of intention to end term hereof ._: or . (2nd), at Carrier' s'elec`tion without' furthe`r,notice,'by',expiration of ° -' six months - without the Pipe line ha ,been' installedtdr •by Licensee failing (a -1) to 'cure any "default. or,. (a -2) to "show ,'statutory Might •.te'install' Pipe Line within .` • - • "thirty . ' days followin Carrier i Any notice of Carrier shall be deemed x<c served' when posted., conspicuously on; Pipe „Line or...when- deposited postage prepaid'. in U. *•.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 Carrierts lection without notice be deemed'aban3oned. ,Covenants herein shall inure to 'or bind each , party's heirs, l representatives,. successors and assigns; provided: right of,', rasfere Licensee -shall be tnrd' or assigned;'either voluntarily or involu except ; • ,by express agreement acceptable to Carrier;'. Carrier or Licensee may waiv , e -any default at any time of the other without affecting-, or impairingany,right 'arising from; any -sub �. Sequent default. x ' t ..'c•: Er„r,NC Wn,..- ,.nrrtti I-•.o 1970 To MP 14,3 < -- P a >PD.. WAS * rwo, - ....Jr: 12" PVC 5 O 3S Ecs 8624. +q-c, Pa re,EO M. ANHO..e E,,, Sr,NC, WA.rcWA.an LOCATION PLAN ScncE: I" IOO L N_ To P Le3TI,E To A,,sri,J N ore ; PROPOS MINIMUM: DEPTH 31° TOP OF PIPE To rrE 3 D.ELOW .!,U FACO OF NATURnL GROUND LINE. E X H 1 0 i T WIL,.•n,n,..c•• CO S NAcr E.LL S h, MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION PALESTINE SUB'D Au3T WA POSE D F '�IANHOLE AND Y VA STEV/ATE_R LINE ADI)■T101! TO EXISTING LIP fio NO 20,K, r,. ME /63 OFFICE OF DISTRICT ENGINEER, DALLAS, TEXAS DWG 'SCALE As S HOWN OWN BY RL_ 'DATE 6 - al' s+ IN B. MP Rd. (A) SCOPE Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on r in vicinity of railroad proper- ty Gas transmission and distribution lines in city streets, carrying less than 45 -lb. pressure, are not to bo considered as coming under these specifications. 1 Right of Way Line i LL 4 45Ft. Minimum r See Note 2 c Sign -► l u g e See N J . o a o it tF . Minim b SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES t . 3Ft.Minimum Seal — Went pipe at low end See Note to be c o netted to bott of casing EXHIBIT B (R) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall cated in figure below: um Roadbed To Form 20021 Casing Carrier Pipe be encased in a larger pipe or casing and installed as indi- 5 Ft: 6in.Minirpum t C. See Sectors (SEE OTHER SIDE) Right of Way Line— `= 45FMinimum I > v t. See Note 2 I g Sign ---s - � See Note3 . a o t 4Ft. Minimum <Eace ►`,a 3Ft.Minimum • • Form 24002 10 -74 Seal Vent pipe at high See Note t end to be connected to top of casing Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" Joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: Casing and joints in some may be of any conduit construction approved by the Railroad and shell be capable of with- standing load of railroad roadbed, track and traffic; it shall be no so constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end; it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed 4. SEALS. Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks o r structures Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be Installed. 5. DEPTH OP CASING: Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. I 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. 7. SHUT -OFF VALVES: Where required by the Railroad, accessible emergency shut-off valves shall be installed within effective distances on one or each side of the crossing. 8. LOCATION: Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. 9. TOPOGRAPHY: - Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be so in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. I ' Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT -OF -WAY LANDS 1. LOCATION: - Pipe line shall be located as for as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -way line, but not closer than 45 feet to the center line of any track or to the nearest point of any bridge, building or other important structure. "Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. 10. APPROVAL OF PLANS' 2. DEPTH OF PIPE LINE: Pipe line,shall be buried to a depth of at least 3 feet from surface of ground to top of pipe 3. WATERWAY CROSSINGS: Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and in such manner as not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate on account of the topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road. 4. CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions obtain (a) Where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE Carrier pipe and casing shall conform to specifications in 6. SPECIAL CARRIER PIPE: A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions net forth in Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OF PLANS. Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. APPROVED. R. K. Davidson Sr. Vice- President - Operations Sections 1, 2, 3, 4, 8 and 9, Part (B). E. T. Franzen Chief Engineer ), - '1 At .(individual, copartners or.corp.'& state where incorporated) to be "addressed al ':•.214 E: Main Round Rock Texas 78664 , l' • 'hereby - accepts, permission to install, keep;' maintain, repair, re " new and use_'fo conveying - water " ,, ' • th Licensee's own ', one . certain ,proposed ' '` - "t*' ` - c - ,s ' (num ber)'= (proposed or existing) - ` continuous line "'of asbestos cement -pipe,; ,12- inches ' „ in diameter, and appurtenances, ' -- including 60 feet of 12 gauge casing, 21" in diameter'. ,, herein, called Pipe Line, on • - the Carrier's property,, herein called Premises. -. Pipe Line -will be used to-'," ' - ''' • -- Form 20021 10/74 v Pipe Line: ROUND ROCK, TEXAS' PIPE LINE LICENSE :-City-of Round Rock THIS INSTRUMENT; executed in duplicate, August`14 , 19 84, WITNESSETH: ,. •� . ". ° i .- ,_ l , F :• .�:� ��f•,., ik�4 .st .. • '..The undersigned Carrier hereby grants but on - solely the herein _expressed terms and, . conditions; and the undersigned Licensee'( a Municipal corporation 2 transport' domestic water ;. - +'Pipe- Line`shall intersect Carrier's existing " track XXkffi at'Mile Post 163,,'Engineer's track or right of way), ;s,• •Chainage-Station• 8609120 ,f ' Williamson , , :At mextusin Round Rock ,'` •(county'"or, parish) < I (`state) "• - a (place) Approximate location of Pipe' Line is indicated by ,r- heavy. blue - '""line." on Exhibit A attached hereto as part hereof. ,;.,} t - �{ f i ' "- 1:- 'Licensee shall atall times keep Pipe Line,in good,, s 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'accomplirsh whatsoever.•the;Licensee attempts or is bound to do -at any time hereunder. Licensee shalladjust any physical change as, •` made at any time in any of Carrier!s'pioperty ;, at' all times keeping upper surface of Pipe - -a Line ,at 'least five, and one -half feet below bottom - of rail thereover.' Licensee shall cause Pipe before being used for anything inflammable; to,conform 4 '- 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 anytime, either 'shall, not be'furnished or done within, ten days, following k request' therefor• or shall be undertaken by Carrier at Licensee's request; "1" 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:":' c - w..j• � - r .:'Licensee when returning this license (signed) shall pay to Carrier FIVE HUNDRED ($500.00) •dollars for the license granted 'herein.' - shall be. made within; twenty -days follow- recei t of bill. - Licensee shall y ng ' p pay cost to_ Carrier for- all labor," includ= • ing'wages of foremen, cost of material f.o.b. Carriers rails pine 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. ,, ' '" :- ' - " ,�, 1 . . - e + • • • .,, 2. 'Licensee agrees to indemnify and save harmless the Carrier from and c; ?, ''all claims, suits, damages, costs (including attorneys" fees) ;',fosses and expenses, in any' manner; resulting from' or arising'out of,,or in connection the laying,‘ maintenance:- renewal; repair, use; "existence or 'removal of Pipe,Line, including the - breaking same or.,ariy,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:' 4, ; ' • , , ,` <" ,41%. + a. Form 2002]1 °,10/74: x' 3• _Term 'hereof shall' begin with August 14 '_ - , 1984 , and continue there- after until concluded. (1st) by expiration of :thirty days following serving,. '; by Licensee on Carrier, or vice i versa,'of'written notice of'intention,to term hereof'; or (2nd) - , at Carrier's election without further notice; by expiration of . ?•- ' ; ' "six -' months without the Pipe'Lirie having been-install by Licensee' failing" (a - to cure •: any default or (a -2) to show statutory F right to install' Pipe -Line within " "' ,,thirty days following Carrier s 'written request therefor. Any notice of Carrier shall be deemed ,a served when posted conspicuously on Pipe,Line or when deposited postage prepaid in U ':mail addressed as aforesaid: la , Not ter thanlast day 'of term hereof Lice'n'see shall r` remove - Pipe Line and restore Premises,: =_'.` Any 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: 5.'Carrier or Licensee may waive any default- at any time of the other aithout ^affecting, or impairing any right; arising from,' .sub- 'sequent default: 21 . , &e. 5 `' a; t. •f, : ,'' r , , t ar ” '+ °" • o.s ' General Manager * ' As Carrier,' first party herein y 0 To PAl.esr,.ac N a 5C/ILE . 2 L OCATION PLAN ScACe ; /` : loo' Non! : .SI DE NO>"JoJ(- P IffcILOR i IOf/ MUST 13E PLoc1 :b. To Ausr,s 21" CMP 12 G.,..oe CAS,tio e,i81"'•7 3CeS. z" Asaesros CL..e.+ * CLASS /SO W•rr_o,,,.r: EC, 8609+ 6,0` WILL,an.-se.4 Co,.orr Tx JacoG HanneL.. Son. 30' >I /CCc. S •L•' MIN �` % /_d 30o MAN 't CASINC- SEAL PRO 12 Wetrsr.. P, ACI. , ISO P51 MAX CASING C J , Pao 21" CMP re GA. , 4E CAiLNCr EXHIBIT • A • MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION F A �r?s r_ SUED Auir,.v PROPOSCD WATERLINE C 0551 ,40 FOR CITY of ROUND Ro.K ROUND Rou<, TX MP I63 OFFICE OF DISTRICT ENGINEER, DALLAS, TEXAS DWG !SCALE As N0.- DWN BY RLL IDATE 6- el -B4 INB MP Rd. 1.4.-: Right of Way Line < 45Ft. Minimum >, See Note 2 a m cif Sign —6-1 E SeeNote3 .o (j)r a� Seal Vent ) at low end SeeNote1 to be p c on nected to bottom of casing EXHIBIT B TO Form 20021 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE (B) PIPE LINES CROSSING UNDER TRACKS 4 Ft. Minimum Roadbed�� 3 Ft.Minimum SFt:6in.Minimum i * C See Sectlori; Casing-d Carrier Pipe (SEE OTHER SIDE) Right of Way Line 45 Ft. Minimum I See Note 2 I Sin See 'ate 2 4F+. Minimum t � a yJ < 4ace 3Ft.Minimum Form 29002 10 -74 Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or in vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -lb. pressure, are not to be considered as coming under these specifications. 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased 1n a larger pipe or casing and installed as indi- cated in figure below: as m E Seal Vent pipe at high See Note end to be connected to top of casing Note 1. Seal and vent pipe not required if casing ends above ground where drainage is available. 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut - off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either aide of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be no constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end, it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS. Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed 5. DEFIR OF CASING: Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. I 6 LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. 7. SHUT -OFF VALVES: Where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances on one or each side of the crossing. 8. LOCATION: Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe from, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. obtain: 9. TOPOGRAPHY: Crossings under railroad tracks of pipe lines carrying combustible substances shall, where practicable, be so in- stalled that the discharge from the ends of casing or vent pipes shall flow away from the railroad. 10. APPROVAL OF PLANS. • Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to Its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of, the pipe line and profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. , 1. LOCATION Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -way line, but not closer than 45 feet to the center line of any track or to the nearest point of any bridge, building or other important structure. Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. 2. DEPTH OF PIPE LINE: Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS. Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, r s and in such m not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate o untofthe topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and he supported on substantial supports, the type and design of which shall he approved by the Rail- road. 4. CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions (a) where the pressure in the carrier pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE. Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, 8 and 9, Part (R). 6. SPECIAL CARRIER PIPE: A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions set forth in Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OF PLANS Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. APPROVED: R. W. Davidson Sr. Vice- President - Operations (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT -OF -NAY LANDS E. T. Franzen Chief Engineer . • Form 20021 ,` '10/74 - a 'Pipe Line: ROUND ROCK, TEXAS - PIPE LINE LICENSE: City of'Round Rock-, _ MP 163, ' _ THIS INSTRUMENT, executed in duplicate, 14• '.'^ 4 , 19 84, WITNESSETH: • The undersigned Carrier hereby grants,'but on ,solely-the herein • conditions, and the undersigned Licensee "(;•a Municipal•corporatioa , (individual, copartners or corp. & state to be addressed at 214 Main Street, Round Rock, Texas 78664 hereby accepts; permission to install; keep, maintain, water t •; the Licensee's own one ' certain. proposed - . - ' >' (number).. • (proposed or- existing) continuous liner of asbestos pipe,; 12- inches - in diameter, and appurtenances; including feet of•12 gauge casing,'21" in diameter herein called Pipe Line, on the Carrier's arrier ' s proper t y,' herein ca lled T rem i ses. , Pipe Line will be used .to' transport domestic water is'•' • v Et expressed terms and • , where' incorporated) and use for conveying > ;¢ -," . Pine shall'intersect Carrier's existing traCk XXXRiat Mile Post 163;`Engineer's •' _ , (track or right of way) ,• d" Chainage Station 8609+20 "+ Williamson ; t'3, > Texas ' , at s sa Round Rock (county; or, parish) - ", ;. (place) Approximate location of Pipe Line is' indicated' by heavy blue - z line on Exhibit 'A attached hereto as part 'hereof. �'g '`' ' e ' 4 • .;.;� = "+,,• jr - 5 '" .. '3P...y�x.Ya „v. '- • 1: Licensee shall'at all titer keep Pipe, good of repair. All work by 'Licensee hereunder - shall be performed iri a'safe and workmanlike manner.- Licensee shall furnish or do at Licensee's own and responsibility ° any and all things and when and as from time to, time required to accomplish'whatsoever the Licensee attempts or is boun94. •? to do at any time hereunder. Licensee shall 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 s = • file and one- half.feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform Fs substantially , to Exhibit B attached hereto as part hereof. ;Said things`,' including the time manner of;doing any work,'each shall conform to the, requirements of Carrier as ' well as of any State, Federal or•Municipal,authority.t Carrier may acting for Licensee furnish or de,'and °Licensee shall'pay and bear_the cost of, anything which, herein required 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'Car'rier 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.- shall pay cost to Carrier for all labor, includ -: ing wages of foremen, Cost ,of material 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. ' , s:'2.°'- cense Lie'agreess to (a) indemnify and'save harmless the Carrier from'and against •` 1 all claims, suits, damages, costs (including attorneys! fees), losses and expenses, in . 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. - ' ^.. ' ' ` °• . • „ _ 3J Term hereof shall. begin frith•' - , - -August '14 ' 1984',. and continue there- `- a after until concluded (1st), by-,expiration' of , - . thirty day's 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 -l) to" cure „. end default ' or'(a -2) to'show"stetutory right to install Pipe' Line within - °` '" 'thirty days'followlog Carrier's' written request, therefor. e- AnyEnotice of Carrier shall be deemed served "when posted conspicuously,on•Pipe Line_or-when deposited postage prepaid in U. S. "mail addressed aforesaid. Not later than last day of term hereof Licensee shall remove Pipe` Line and` restor Premises:'.YAriy , of Pipe Line not so removedshall Carrier's election without notice be deemed abandoned .'' Covenants herein shall inure "to or, bind 'each partyts heirs, l ss _legal repre ,'succeors "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. - '' 4 ` rat WITNESSES: MISSOURI• PACIFIC RAILROAD COMPANY. s Licensee, second party herein' To PALE srlr.ls —t NO 5C/ILF_ CASING SEAL Nor' ; 5!GN5 DEnJor,N& PIPEL /"+L t or_nTlorr MUST 13E Pcnce b. LOCATION PLAN 5cnL5 : / = 100' DWG 3'Oo" M,,, S 6" MIN 30' Pao 12 WArca P. Pe L.... E , /50 P51 MAX Pao 21" C M.P 12 Gn. Cn .5I4[. EXHIrSIT A' DWN. BY (ALL ( DATE (n- aI -84 W,L�,ro, -ss Cow,rr Tx JAcon Hnnne,. Sin. NB C ASING �/ MISSOURI PACIFIC RAILROAD COMPANY TEXAS DISTRICT DIVISION PALesrI Nl_ SUB'D PROPOSED WATER LINE CRo55ING p OR CI of ROUND � IVI� ROCK. ROUND ROCK TX P 163 OFFICE OF DISTRICT ENGINEER, DALLAS, TEXAS SCALE Ax NorED At1 MP Rd. EXHIBIT B To Form 20021 SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES (A) SCOPE Pipe lines included under these specifications are those installed to carry oil, gas, gasoline or other combustible sub- stance, under pressure, which from its nature or pressure might cause damage if escaping on or In vicinity of railroad proper- ty. Gas transmission and distribution lines in city streets, carrying less than 45 -1b. pressure, are not to be considered as coming under these specifications. - Seal - t<✓Vent pipe at low end See Note to be connected to bottom of casing Note 1. Seal and vent pipe not required (B) PIPE LINES CROSSING UNDER TRACKS 1. INSTALLATION: Pipe lines under railroad tracks and right -of -way shall be encased in a larger pipe or casing and installed as indi- cated in figure below: Vr -Right of Way Line Right of Way Line -,,,4 < 45Ft. Minimum > < 45 Ft.Minimum� > See Note 2 See Note 2 11 E IR a Si9n --,-� �, I o Sign -.- E See'Note3 SeeNote3 0 � t R� 2 4FtMinimum f i t . 4 } 4 Ft. Minimum ' - ace � Roadbed y o `3Ft.Minimum 5Ft:6in.Minimum r f ( See secticma 3Ft.Minimum,... Form 04002 10 -74 t Vent pi at hig See f Casing Carrier Pipe end to pe be connected to top of casing - if casing ends above ground where drainage is available. (SEE MT)IER SIDE) 2. Casing to extend beyond limit of railroad right -of -way if necessary to provide proper length outside of track. 3. Sign indicating location of pipe line at right -of -way line to be installed where required by the Railroad. 4. For shut -off valves see Section 7. 2. CARRIER PIPE: Carrier pipe inside of casing under railroad tracks and on right -of -way shall be of good construction (usually the same as at either side of railroad), of steel, wrought iron, cast iron, pure or alloyed iron; and shall be either seamless or substantially welded pipe with "approved" joints. Pipe at the railroad crossing shall be laid with slack (no tension) in the line. 3. CASING PIPE: Casing and joints in same may be of any conduit construction approved by the Railroad and shall be capable of with- standing load of railroad roadbed, track and traffic; it shall be so constructed as to prevent leakage of any substance from the casing throughout its length except at the ends of casing which are left open, or through the vent pipes at the ends of casing which are sealed to outside of carrier pipe. Casing shall be installed with even bearing throughout its length and shall slope to one end, it shall be so installed as to prevent formation of a waterway under the railroad. Inside diameter of casing shall be sufficiently large to permit ready withdrawal of carrier pipe without disturbing the roadbed. 4. SEALS: Where ends of casing are below ground they shall be suitably sealed to outside of carrier pipe and properly vented above ground with vent pipes not less than 2 inches in diameter and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent pipe at high end shall be connected with top of casing. Tops of vent pipes shall be fitted with down turned elbows properly screened. Where ends of casing are at or above ground surface and above high water level they may he left open, provided drain- age is afforded in such manner that leakage will be conducted away from railroad tracks or structures. Where proper drainage is not provided, ends of casing shall be sealed to outside of carrier pipe and vent pipes shall be installed. 5. DEPTH OF CASING. Where practicable, casing pipe under railroad tracks and across railroad's right -of -way shall be not less than 5 -1/2 feet from base of rail to top of casing at its closest point, except that under secondary or industry tracks this distance may be 4 -1/2 feet. On other portions of rights -of -way where casing is not directly beneath any track, the depth from ground surface or from bottom of ditches to top of casing shall be not less than 3 feet. Where not practicable to secure the above depths, special construction approved by Railroad shall be used. 6. LENGTH OF CASING: The horizontal distances from center line of the nearest outside track to each end of casing shall be at least 45 feet at right angles to the center line of such track. If additional tracks are constructed in the future, diminishing these distances, the casing shall be correspondingly extended. 7. SHUT -OFF VALVES: Where required by the Railroad, accessible emergency shut -off valves shall be installed within effective distances on one or each side of the crossing. 8. LOCATION: Where practicable, pipe lines shall cross tracks at approximately right angles thereto and shall not be closer than 45 feet to any portion of any railroad bridge, building or other important structure which might be injured by leakage from, or failure of, the pipe line. Pipe line, casing and vent pipes shall be at least 4 feet vertically from aerial electric wires and shall be suit- ably insulated from underground electric wires on railroad right -of -way. 9. TOPOGRAPHY Crossings under railroad tracks of pipe lines carrying rrying combustible substances shall, where practicable, be so In- stalled that the discharge from the ends of casing or vent shall flow away from the railroad. 10. APPROVAL OF PLANS: Plans for a proposed crossing shall be submitted to, and meet the approval of, the Railroad before installation is begun and the execution of the work on railroad right -of -way, including the supporting of the track, shall be subject to its inspection and direction. The plans shall include a topographical map of the location of the proposed crossing indicating the flow of the discharging substance in the event of leakage from, or failure of. the pipe line and a profile of the pipe line extending in each direction from the proposed crossing to the nearest shut -off valve in the pipe line. (C) PIPE LINES PARALLELING TRACKS AND ON RIGHT -OF -WAY LANDS Pipe line shall be located as far as practicable from any track or other important structure, preferably not more than 5 feet from the right -of -way line, but not closer than 45 feet to the center line f ny track or to the nearest point of any bridge, building or other important structure. Bridge" as herein used shall not be deemed to include cast iron or con- crete pipes, or concrete culverts. _ 2.- DEPTH OF PIPE LINE: Pipe line shall be buried to a depth of at least 3 feet from surface of ground to top of pipe. 3. WATERWAY CROSSINGS. Pipe lines crossing ravines, waterways, ditches or other surface drains, shall be passed under the channel at a suf- ficient depth to be protected from scour, and in such manner not to interfere with or obstruct the channel or diminish the channel capacity. If impracticable to so locate o account of the topography of the ground, pipe lines may be elevated suffi- ciently to avoid drift and be supported on substantial supports, the type and design of which shall be approved by the Rail- road. obtain: 1. LOCATION: 4. CASING PIPE REQUIREMENTS: Casing, conforming to specifications in Sections 3 and 4, Part (B), shall be provided where the following conditions (n) where the pressure in the tattler pipe exceeds 400 pounds per square inch. (b) Where the pipe line is located closer than 45 feet from the center line of any track or from the nearest por- tion of any bridge, building or other important structure. Such casing shall extend in each direction to a point at least 45 feet from center line of the track or nearest point of structure to be cleared. (c) Where the pipe line is deemed by the Railroad to present a hazard to railroad property or operation. 5. CARRIER PIPE: Carrier pipe and casing shall conform to specifications in Sections 1, 2, 3, 4, R and 9, Part (R). 6. SPECIAL CARRIER PIPE: A special carrier pipe, having a strength at least 50 per cent greater than other portions of the carrier, pipe may be substituted for the casing required under conditions set forth is Section 4, Part (C), if approved by the Railroad. Pipe line owner shall submit to the Railroad for approval complete specifications covering such special pipe and its installation. 7. APPROVAL OF PLANS: Plans for a proposed installation shall be submitted to, and meet the approval of, the Railroad before work is begun and the execution of the work on railroad right -of -way shall be subject to its inspection and direction. The plans shall in- clude a topographical map of the location of the proposed pipe line on railroad right -of -way indicating the flow of the dis- charging substance in the event of leakage from, or failure of, the pipe line and a profile of the pipe line on the railroad right -of -way and extending in each direction from such right -of -way to the nearest shut -off valve in the pipe line. APPROVED: R. K. Davidson Sr. Vice- President - Operations E. T. Franzen Chief Engineer