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R-86-865 - 5/22/1986WHEREAS, the City of Round Rock plans to expand its current Water Treatment Plant; and WHEREAS, in order to complete that expansion an easement from Georetown Railroad is necessary; and WHEREAS, the Council wishes to authorize the Mayor to execute said easement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City of Round Rock an easement with Georgetown Railroad. RESOLVED this 22nd day of May, 1986. ATTEST: LAND, City Secretary RESOLUTION NO.f(p.57 MIKE ROBINSON, Mayor City of Round Rock, Texas Mr. Jim Nuse Director of Public Works City of Round Rock 214 E. Main St. Round Rock, Texas 78664 MDV /lm enclosure: Haynie & Kaltman, Inc. CONSULTING ENGINEERS 1106 South Mays • Round Rock, Texas 78664 • (512) 255.7861 May 1, 1986 Re: 1985 C.I -.P. Water Plant ' Expansion - Transmission Main Project No.,103- 799 -23 Dear Jim: Enclosed is the Pipe Line License for the Georgetown Railroad Bore located south of Highway 1431. I have been in contact with the Georgetown Railroad and have been told that the location of the bore as indicated on the plan view of the attached exhibit is acceptable at this time. The Georgetown_Railroad requires the signature of the Mayor and City Secretary before they will process the_permit. If you could forward this permit back to our office, I will see that it gets to Georgetown Railroad for their approval. Should you have any questions, please feel free to contact our office. Sincerely, HAYNIE & KALLMAN, INC. Michael D. Vergakis Project Engineer CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING MI' Rd. PIPE LINE LICENSE THIS' INSTRUMENT, gun tact' in duplicate, ' , 19 , 1Vitnesseth: 'l'he undersigned (':wrier hereby grants, lint on solely the herein expressed teen and conditions, and the undersigned Licensee f City of Round Rock ), to be addressed at 214 E. Main St., Round Rock, Texas 78664 (show whether an individual, tv,- partners, or corporation and state wherein incorporated) an incorporated city , hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying water the l.icensee'sown One certain proposed continuous line (number) (proposed or existing) concrete steel cylinder pipe 24 in diameter, and appurtenances, including ductile iron carrier pipe , herein called l'ipe I.ine, on the Carriers property, herein called Premises. Pipe Line will be used to provide water for municipal services. . Pipe Line shall intersect Carrier's existing main line track jn Round Rock of Section • Mack or right of way) 1' , R. Williamson County, Texas , at or near Hwy. 1431 (county tor parish) (state) (place) Approximate location of Pipe Line is indicated by heavy solid 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 ttarkmanlike 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 three and one /half ke r „mFx n I nH feet below Inn tom of rail thereover. Licensee shall cause l'ipe Line, before being used for anything inflammable, to conform substantially to Exhibit 11 attached hereto as part hereof. Said things, including the time and manner of doing any W ork, each ,hall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Lice ,ce furnish or du, and Lit en,ee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done 11 ithin ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request: and licensee an 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 , hall repay different e. 1,ieetrtec- when- rcetrrninF Khi,+rouse- (sigm,d }sh;rfl- pa3- m-Farrier fiftr fwr•Pwytwritp; -F Ait■ other payment shall he made within twenty clays following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, plus 10% to cover supervision and accounting, plus vacation allowances, paid holidays and health and W elfare benefit p,■ neent, applicable to said labor, Carrier's cost price of all materials f. o. b. Carrier's rails; plus 10';; to cover handling and itrcounting, pin, freight at tariff to point of use, and excise taxes applicable to said labor and materials. Cassieumay.cotwachasith- and.tlis. quiege••..0u:ytu.uuwl'MKaaaO 1sts:tewer xsg.m. Melyt'*. 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 the 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. 3. Term hereof shall begin with April 30 , 1986 , and continue thereafter 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 (0-1) to cure any default or (a -2) to show statutory right to install Pipe Line within thirt 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 to 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 trans- ferred 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 subsequent default. WITNESSES: ATTEST: B. . . (A SEAL) WITNESSES: ....... Secaerasx Attest: CITY OF ROUND ROCK City Secretary Mayor P1111111 20021 of As Carrier, fiat tarty herein. . \s Lunes,ee. second party herein. .'H' FRAME LCRA ELEC. POWER LINES • GEORGETOWN RAILROAD BORE F. M. 60' RAILROAD R.O.W. SCALE: I" = 50' PROPOSED 24" CSC. W.L. FENCE REPAIR I -GATE 0 10" ELM 60 L.F. BORE & 36" STEEL CASING 1,1 7.1 I Y../I POWER POLES POWER LINES STA. 64 +25 1 -5 1/4" FIRE HYDRANT ASSEMBLY 0 18" OAK STA. 63+05.17 RT. 89° I -24" TEE 2 -24" BUTTERFLY VALVE I - J.T. 24" D.I. PIPE W/ PLUG 1,111r111111111111~O1l1111111111117A111 - "■11MINIMIMM - MUM siNEMIIMNII ������ 11•1•i JlialelIM DATE: May 20, 1986 SUBJECT: Council Agenda, May 22, 1986 ITEM: 11A - Consider a resolution authorizing the Mayor to enter into an agreement with Georgetown Railroad concerning an easement for the 1985 Water Plant Expansion Project. This agreement permits the City to place a bore beneath the Georgetown Railroad for the purpose of installing a water line for the 1985 Water Plant Expansion Project.