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R-85-734 - 6/27/1985WHEREAS, it is necessary to construct a water line beneath the Missouri Pacific Railroad Company's ( MoPac) right -of -way; and WHEREAS, MoPac has submitted a Pipe Line License agreement which will permit the construction of said water main; and WHEREAS, the City Council wishes to approve and execute said license agreement and pay the required fees, 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, an agreement to permit the construction of a water line beneath MoPac's right -of -way, a copy of such agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of June, 1985. ATTEST: LAND, City Secretary RESOLUTION NO. 7:3 / c MIKE ROBINSON, Mayor City of Round Rock, Texas Dear Mr. Hearn: GWR:slb Attachment Mr. Douglas Hearn Project Engineer Haynie & Kallman, Inc. 1106 South Mays Round Rock, Texas 78664 RAILROAD CO. • MASILSIMENMISMOTEMLD ttD. P.O. DRAW= M TMXAS 77983 Ti AMA C0007111 O. T. GRAHAM 1•0.7000 R O. LAMS AMII1.wHrIIIPK1HYM01 106701 June 6, 1985 GWR - Pipe Line: ROUND ROCK, TEXAS City of Round Rock MP 162 Reference is made to past correspondence regarding your firm's request on behalf of the City of Round Rock for permission to construct a 12 -inch water line beneath Missouri Pacific's right of way at Mile Post 161.5, Engineer's Chainage Station 2527 +68, in Williamson County, Texas, near Round Rock. We are agreeable to permitting this crossing provided it is constructed in accordance with our specifications, under our supervision, and provided our standard form of Pipe Line License is executed. There is a_ consideration __ for this crossing. - - We have prepared in duplicate and attached hereto originals of our form Pipe Line License to cover this installation and ask that you cause the set of originals to be executed. Please have the City Secretary attest and affix seal in the spaces provided on each of the originals. We shall also need a Resolution authorizing the Mayor's execution of this license. ' The executed Licenses, Resolution and $500.00 consideration should be returned to the undersigned'for processing by the Railroad, which will return a fully executed License for your delivery to the City of Round Rock. - Please notify our Roadmaster, Mr. V. P. Patton, at Palestine, Texas, Area Code 214/723 -7747, at least 48 hours prior to the time work will begin. Sin rely, Grace W. Randolph Assistant District Manager Land, Lease and Contracts P. A. POJSlOSM $00.7010 1 S. =MOTH OMIT Ww1= emitter Lee 0 Urn 1110411110 ' • M. A. ANRtif110110 limos &mew. ~AMMO 1■0•7Y1 z•r)r.'5" ▪ , •‘. - • WITNESSES: By ATTEST: , Seal) WITNES6ES: • Secretary Form 20021 3. Term hereof shall begin with ' 6 , 19 85, and continue there- ' after until concluded (1st) by expiration of thirty days following serving, • by,Lipensee,cp,Carrier,:viceyersa,_of written notice of intention to end term, hereof or (2nd), at Cari-ler's ele notice, by expiration of six months without the Pipe Line having been installed or by Licensee failing (a-1) to cure-' default or (a-2)_to show statutory right to install Pipe.Line within thirty' days,followine•Carrier's written request therefor. Any notice of Carrier shall`ba'deemed served when posted conspicuously on Pipe Line or when deposited-postage prepaid in U. S. mail addressed as aforesaid. -.Not-latei- than last day of term hereof Licensee shall remove Pipe Line 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 or impairing any right arising from, any sub- ,. eaquent default. MISSOURI PACIFIC RAILROAD COMPANY • By General Manager - As Carrier, first party herein CITY OF ROUND ROCK tiaY,o,i1“ Jr0 , - T 3 As Licensee, second party:heiein ■ ■ --• Lt. II • " - • ■ • -I_ - 1 - 1 l • v PIPE LINE LICENSE THIS INSTRUMENT, executed in duplicate, ' 4 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 £or conveying p otablewater the'Licensee's o_wn "'one ' - 'certain .,proposed - i' . ,. r . , 3•r.- �; : . " " „ (number) ' : ' (proposed or existing) continuous line of cast iron pipe,; '.2- inches diameter, and appurtenances, Jim2=0 XXX , ; - ., -."�-• - ; ,.,., , ' , herein "called Pipe Line, on the Carriers property, herein called Premises. Pipe Line will be used to convey potable water •' - ` June 6 19 8 5, WjTNE5S?'f;l: .,t qu ;, •- Pipe shall intersect Carrier's existing track XXXNXX at Mile Post 161.5 figiixx (track or right of way) Engineer's Chainage Station 8527 +68 X FXX mat= , Williamson County, Texas O11C near 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 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. " When this license (signed) shall pay to Carrier FIVE HUNDRED ($500.) dollars for, the license gran herein. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ- t ing.wages : of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates o point of use, plus taxes and usual railroad`additives`: N6'provision's or'this paragraph, nor approval by Carrier of any of Licensee's undertakings,,shall, Licensee of any responnsibility ,---- - -- " - "'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. 4, UNION PACIFIC SYSTEM 24125 Aldine-Westfield Road Spring, Texas 77373 City of Round Rock 214 E. Main Street Round Rock, TX 78664 FORM 29442 16; % 1 74 5- ; 1-1 =1:1 \V% OCT1r85 1:". • ; • • : I .1 Lit, pa gn.. PACIFIC 111111 J. S Wilmoth District Manager Contract Land & Lease 350-7517 G. W. Randolph Asst. District Manager Contract Land & Lease 350 -7524 M. P. Horn Asst. District Manager Contract Land & Lease 350 -7519 City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Gentlemen: Herewith your original of Pipe Line License dated June 6, 1985, covering a 12 -inch cast iron water line crossing of Railroad's right of way at Mile Post 161.5, Engineer's Chainage Station 8527 +68, in Williamson County, Texas, near Round Rock. /drf Attachment UNION PACIFIC SYSTEM Union Pacific Railroad Missouri Pacific Railroad August 7, 1985 Yours very truly, 24125 Aldine- Westfield Rd. P. 0. Drawer M Spring, Texas 77383 Tel. Area Code 713 MDE- Pipe Line: ROUND ROCK, TEXAS City of Round Rock MP 162 . - PIPE 'LINE LICENSE . THIS INSTRUMENT; *execute duidicate, June f.*`-; 19 65; WITNESSETH: ' s • /cc • The ersigned- iii1 sol,elytlhe herein . expressed': terms and . „conditions ; and the ur;derSigned. Licensee , Municipal corporstion • .- )3 -; ' (indiv,idnaI; copartners:. or corp .'-& state where 'incorporated) - to be addressed. at 214 5 11E114 Stieet, Round ROkk, - Texas,. - 7,8664 : : ' hereby accePts;', permission to install;" keep; maintain; repair; renew and use -for- conveying L'potable Water • the Liceneee's own -- One certain proposed ' ;, , (number). t‘,":' (proposed', or . existing) `-rj, :. continuous line of "-pipe ','-12-14hhes:"..in diameter., and „ appuitenanCes, : • ; herein Called Pipe Line; on - • the Carrier, s'property,„ herein 'called \ Premises Pipe Line will be 'Used to convey .Potable water-":„ •- • • 2. •;" • , - - , :•.,- Pipe Line shall intersect- Carrier's existing' track , X iCiirCK' it 1i1a Post. 161.5 - • xr , • , (track or -right of way) Engineer '.e Chainae Station_ 8527+68 X2541R t 'Mita - ▪ ..Williamson county, Texas ° ttgosx&H near- Round Rock (county or parish) (state) 4%, : e (place) •.' • ! , Approximate" Iodation of Pipe Line is indicated by heavy blue . • line on • Exhibit A:attached hereto as part hereOf..2. • • • ,.., • 1: . : Licensee 'Shall, at all times :keep Pipe Line , in good' state. Of .repair A11 work by • • r Liceneee herein shall be performed in a.". safe and workmanlike manner . -Licensee 'Shall ' furnish or do at Licensee' s, 'own cost and responsibility ant'and'allithias and when and • es from e to time required to accOMplish' whatsoever the Licensee attempts or is _bound '`.` • "'I.,' to do a time hereunder.," Licensee Shall : adjust Pipe' Line to any physical change as ▪ - made 4t an time in , any Of Carrier's property; at. all times ,keeping upper, surface of Pipe' ' Line at least `"- i 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 tame and. manner of doing any work, each shallCOnform 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 „she'll pay and -bear the cost of, anything which,' herein required' , • of Licensee at any time, either shalrnot be furnished , or done within ten daSfs , following . • ; Carrier's written uequeSt ,therefor or shall be ,undertaken by.,Carrier at• Licensee's request; • 'end Licensee on request shall, in advance deposit with Carrier the estimated cost -Aereof. If deposit be,"„less than actual Cost, Licensee 'shall'pay: if „more', Carrier • shall repay differehde:'‘ ; • .; ' "::' " & r • • - ,4; • ' ■ . Licensee when returning this License (signed) shall , pay to Carrier PivE HUNDRED - ($500.) *dollars' for,the, license granted herein:k'Any other payment 'shalt 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 .2'. 6.13'. Carrier rails plus freight at 'tariff rates to 'point of use „Phis taxes ,erci..21su'al railroad additives. No 'provisions of this Paragraph, • nor approval by Carrier of any of `LiCensee'si.undertfikings; shall relieve Licensee of any ▪ responsibility or liability: ; A 4 ' , • 14 •,, :• • 2.• • 2,4 Licensee, agrees to (a) indemnify Vk,,dayeharialess the Carrier from and against , t , " all claims - ; damages i CoA's' (including.. attorneys 1 fees) ;losses and expenses ,‘ in ant, . Manner resulting from or arising out of or in connection with the laying,•""maintenance.'. renewal, repair, use existence or removal of PiPe including the breaking of •-; , - '..""same or any - leakage therefrom ;' and ;(b) -risk of loss or damage to Pipe Line "and •r the "contents thereof, regardless Of• .hofi„caueedi aiifregardless Of, any negligence on the. part .7af ,Carrier,. or;:etherwise. ' ' ',; ° ' = - OA: • • , 5,24'4 r - • '1, ' t t -1 ."`- • 4.) t; • '17 3: `Term `hereof_ shall begin with ., 6 1•a •�; `; ` 19 85, and continue there- after until-concluded (lst) expiration of`t 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 expiratibn`of j si • • months without the-Pipe Line having been ;installed or by Licensee failing " (a -Wto cure, :.any default or (a- 2')_to.show statiitory'right,to install Pipe Line within thirty . days Carrier's written' request therefor; 'Any notice of 'Carrier shall; be deemed served when posted conspicuouslqon Pipe,Line or =when• deposited 'postage prepaid in S. - `mail addressed as aforesaid.; Not term hereof Licensee shall°• remove Pipe, and.•restore Premises:=' of Pipe' Line not - `so', removed. shall at Carrier's election without notice be deemed aband'oned'" Covenants herein shall-inure to'or•bind each party'.s'heirs, legal successors,'and assigns; provided: no "right of;? ' Licensee shall be transferred, or .assighed; either voluntarily or involuntarily; except'':' z'by'.express agreement ,acceptable- to,Carrier. - Carrier or Licensee -may waive °any default at i`any time of the •other without affecting, ; or,imp right;arising_ from, any, sub- 4 ' • f sequent default. � 't °_ � q� `r • . .#: ;' ! - �f . .. ;`� ' *' eneral Manager; 0.; =; ' , , •x. -0 '" ', As Carrier,' first' party ; herein. ;+ Max Ott, P4eis. 14 100 psi C lass e c....14 atS� I ron P.p t 1 88 M W.II T. ass 3s,o9.° Nun. Press�� +. d +� - 60 LF: p (›.\e 5. 75 °oo `vt� 36 6 . ry .. 435, 25' v ^, �1 'v h? - o "• o'41 aN tvd • 'ff ro • , ° t . i er S o SOLD • '� A. F. E. 790 121 (ooc. 7103,52 a 66 ° 45 '14/587 i NO a M t+ Q 0 S t�`D N.o • fit:, Fe `_ , o c r1 F::I• -' 1 -4' I / L i lo- A• L k c ,. I 70 y V �8 V � x Q 52- ,V (,r f• �tc+z fed 17.18° i /?.5 Z e 9 Loco . i - 44”n = 100' Sc le : I'.' - too' D: FIE"., . -1,, H." -, '.,16L A..•...FASr �'' a v - `''I: qr r,v ■ ',t /vo _ 'N') %, 65 n ' u 1 q. '.04,4,411;3 '.04,4,411;3 T411,FGct - ,F I LI.N .T TA' OWNr RS BEFO,: ^IC,'..,; CR TFs E'% : +!y, Itr TFI'}� 'WI:4 !- t 1r:Nrr CUS,Telecom r . L! -BCO- $eI DWG. ,-/72 °31S CJ 7_ 5/i- 1 8 8 1-AC -, "7 87504 Ex L,.b.t A" 45WIC13Y, (ZLt. IOATE 5=28-85 IN.B. MISSOURI PACIFIC RAILROAD. COMPANY TEXAS DISTRICT D !scot R 'es H �. sf• .h D SUB'D. QroP., W., }C■r C.r°SS f4 -. Crl (.4 K.', MP R°o TV. "C OFFICE OF DISTRICT ENGINEER, DALLAS, TEXAS • �- x I SCALE 4s • MP Rd.. SPECIFICATIONS FOR PIPE LINES CONVEYING GAS OR COMBUSTIBLE LIQUID WHERE LOCATED ON RAILROAD PREMISES 1. INSTALLATION: Right of Way Line t 45Ft. Minimum � i See Note 2 Sign —.l SeeNote3 J ' c e tp Q seat --� See Notel 1F --- tF . Minimum Roadbed 3Ft.Minimum Vent pipe at low end to be connected to bottom of casing EXHIBIT B To Farm 20021 (0) PIPE LINES CROSSING UNDER TRACKS Casing- Carrier Pipe (SEE OTHER SIDE) (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 -10. pressure, are not to be considered as coming under these specifications. Form 29002 10 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 45 Ft. Minimum See Note 2 Sign ----,— See Note3 4Ft. Minimum Ji cace cn Vent pipe at hig See Note t end to be connected to topofcasing 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 ing 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 nny 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 mill 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 -140 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 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. - APPROVED: R. E. Davidson Sr. Vice- President - Operations (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 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. r .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 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. E. T. Franzen Chief Engineer