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CM-13-01-014ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY Item Caption: RECEIVED JAN 181013 City Manager Approval Form Consider executing a Pipe Line Lease Agreement with Georgetown Railroad Company, INC. Approval Date: 01/18/13 Department Name: General Services Project Manager: Chad MCDowell Assigned Attorney: Steve Sheets Item Summary: This license agreement provides for an easement from Georgetown Railroad to bore under their railroad tracks to extend sewer from the Sports Complex Project tying into a manhole in the Behrens Ranch Subdivison. No. of Originals Submitted: 2 Project Name: Cost: Source of Funds: Source of Funds (if applicable): Account Number: General Services $1,800.00 for Initial handling of the license and $100.00 per annum, payable usually in advance. General Self -Financed Construction Select Source Fund Finance Director Approval: Cheryl Delaney Department Director Approval: Date: 1/16/13 Date: **Electronic signature by the Director is acceptable. Please CIP r--] r--] Budget N/A OK Ell El N/A OK Purchasing only submit ONE approval form per item.** ❑✓ ❑ N/A OK Accounting ❑ ❑ N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 PIPE LINE LICENSE GRR FILE: E-251.606 THIS AGREEMENT, made this 1st day of January 2013, by and between GEORGETOWN RAILROAD COMPANY, INC., a Texas corporation (Licensor), and CITY OF ROUND ROCK, a municipal corporation (Licensee), address: 221 E. Main, Round Rock, Texas 78664. WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this agreement, a single 8 inch diameter waste water line contained within a 20" diameter steel casing pipe (herein called structure), to be located at approximately Mile Post 2.88 (ICC Chaining Station 363+90) on the Georgetown Railroad Main Line Track, City of Round Rock, County of Williamson, State of Texas, as sham on the attached print marked Exhibit "A". This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. The Licensor makes no covenant or warranty of title for quiet possession or against encumbrances on its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of markers does not constitute a warranty by Licensor that there are no subsurface installations. 3. Costs: Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's premises by reason of any such work. Licensee shall reimburse Licensor for all costs and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including but not limited to furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises, Licensee shall construct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unless performed by an independent contractor who shall have Licensor's written permission before entering upon Licensor's premises, should Licensor deem the same necessary. Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be born by Licensee. In the event of leakage or spillage from said structure, Licensee shall , at its own expense, promptly clean Licensor's premises to the satisfaction of Licensor, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licensor or its property. 5. Indemnification: Licensee agrees to release and indemnify Licensor from and against all liability, costs and expense for loss of or damage to property, including, but not limited to, damage or destruction to any fiber optic cable system, and for injury to or death of persons (including, but not limited to, the property and employees of each of the parties hereto) when arising or resulting from: (a) use of said premise by Licensee, its agents, employees or invitees; or (b) the construction, reconstruction, maintenance, presence, use or removal of said structure; or (c) breach of the contract by Licensee, whether or not caused or contributed to by any act or omission of any employee of Licensor. Licensee shall provide to Licensor evidence of insurance coverage as described in Exhibit 13-1 attached and made a part of this agreement. The term "Licensor", as used in this section, shall include the lessors, successors, assigns and affiliated companies of Licensor. 6. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt ofnotice from Licensor. Upon termination of this agreement, Licensee shall remove said structure and restore said premises to Licensor's satisfaction, failing which Licensor may arrange to do so at Licensee's expense. 7. Non -assignability: This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior consent, which will not be unreasonably withheld. 8. Consideration: As part consideration for the permission herein given, Licensee shall pay to Licensor the sum of Eighteen Hundred Dollars ($1,800.00) for initial handling of the License and One Hundred Dollars ($100.00) per annum, payable annually in advance. Beginning January 1, 2014 the annual payment will escalate or de-escalate based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, using the following formula: $100.00 x Latest October Index Annual Payment = Index as of October, 2012 9. Specifications: Said structure shall be installed beneath Licensor's property as indicated on Exhibit "A", which is attached hereto and made a part hereof. No open pits or trenches are to be used in the construction or maintenance of said structure on the Licensor's premises. Licensor will not permit any manholes or above ground appurtenances to be constructed on Licensor's premises. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. THIS LICENSE CONTAINS INDEMNITY PROVISIONS. GEORGETOWN RAILROAD COMPANY, INC. LICENSOR By W. B. Snead, Chairman of the Board CITY OF ROUND ROCK LICENSEE By Steve Norwood, City Manager STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared (title) , of Georgetown Railroad Company, Inc. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2013 Notary Public in and for Williamson County, Texas Type/ Print Name of Notary Public My Commission Expires: STATE OF TEXAS COUNTY OF WILLIAMSON BE ORE ME, he undersigned authority, on this day pe'rsQnally ap eared �C/ f1OrW1 z{ (title) C.4113 M r- ofthe G ill Of Ti t.4,C. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OFFICE this the day o ` OVA , 2013 /gates SARA LEIGH WHITE 11 MY COMMISSION EXPIRES 1s% July 11, 2016 Notary Public in and for w lLt-(GN/I‘oi County, Texas fur. -P,tr V\f h'(46 Type/ Print Name of Notary Public '1 My Commission Expires: PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING QQ� • 4' NO SCALE v �In o� +-TO FELDAM x'02 INEAREST R.R. .. { 1 1 1 1c', I ��. o V4, �-, '. h c, q.... v ,tv.q`0-may RR'S R/W NOTES) (CASING LENOTN WHEN )tEASUREO ALONG PIPELINE.) )) ALL NDRIZONFAL OISTAKCES TO 8E MEASURED AT RIGHT ANGLES roam OF TRACK. 71 CASINO TO EXTEND BEYOND MEV- OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 F1., APO BEYOND 111117 OF RAILROAD RIGHT -01-822 IF NECESSARY 10 PROVIDE PROPER LENCTN OUTSIDE OF TRACK. 3) MINOAN OF SO' FROM THE E110 OF ANY RAILROAD BRINE, E OF ANY CtX.YERT, OR FROM ANY 51(204ING AREA. 41 510NAL REPRESENTATIVE WST 8E PRESENT OWING INSTALLATION IF RAILROAD SIGNALS ARE IN 1110 VICINITY OF CROSSING. S1 ALLOWABLE FIXED OBJECTS INCLUDE* BACKNALLS OF BRIDGES; Q OF ROAD CROSSINGS B OVERHEAD VIA000TS (GIVE ROAD NAM. 0R CULVERTS. 5) CASING AHD CARRIER PIPE LUST BE PLACE() A MINIWM OF 2 FEET BELOW THE EXISTIN0 2)8ER OPTIC CABLE. ANY EXCAVATION REOUIREO RITNIN 5 2E81 OF INE EXISTING FIBER OPTIC CABLE *AST 8E 1M4N0 DUO. Klfi- FT. I' d FT. (SEE NOTE 3 B 5) FORM OR -0404-8 REV. 5- 15- 98 ENCASED 140N -FLAMMABLE PIPELINE CI805SING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 0® I. 4 ►4 RR'5 Rim 1432 -FT. `-. FT. (SEE NOTE 3 0 5) .1 90 . . F VAIN TRACK i(ANGLE OF CROSSING) IF I /1 � l i SAA I I I I 1 (DESCRIBE 1XE0 0 JECT) u (OESCR BE FIXED OBJECT) (SEE NOTE 6) k (SEE NOTE 5) (DISTANCE ALONG TRACY FROM SECTION LINE CROS5ING1 FT (NOTE) THIS DIMENSION REWIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REOUIRED) 25 FT, 1)111. 0151 (50s Note 2) I4 ELFT. ) ( f � /fr/;FT. SEAL CAS3AG / /A / a ►s ` FT. L? Fr. 1 I, Mia, 65 Mlut 6-5 FT./11M E 0 ROADBED i6 FT, (4.5 FT YIN.) 1 (70 FT. VAX.) CASING PIPEI(Sao Note 4) 2.6 FT. 5)10621.08 stF .,47 ) SEAL CASING GR0 SURFACE 0 1 4 15 J CARRIER PIPE 2.6„ • $I LIFT. QW TO 1lERA, b(--v- (NEAREST R.R. TOMO I 1 1 1 STEEL CASING WALL THICKNESS CHART OF THICKNESS CASINO DIAMETER .2500" 1/4 12" OR LESS .3125' 5/16' OVER 12'-18' .3750' 3/8' OVER I8"-22' .4375" 7/16" OVER 22'-28' .5000' 1/2' OVER 28'-34" .5625' 9/16" OVER 34"-42" .6250' 5/8' OVER 42'-48' APPROVED BER 48 RMUSTCO. ROTE: THIS CHART I5 ONLY SING POPES1OOTHWITH SlNIV.tAL CYIELD STRENGTH OF 35,000 P51. FORMULA TO FIGURE CASING LENOTH WITH ANGLE OF CROSSING OTHER THAN 90" £A SIN B MIN. GIST. (NOTE 1) A) I5 PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; X N0; BI IF YES, NAME OF ST•RgET D) DISTRIBUTION LINE ES OR TRANSMISSION LINE --- C) CARRIER COMMODITY TO BE CONVEYED L,JMsTE (J)ITE/ OPERATING PRESSURqE� O PSI WALL THICKNESSC) $iIy;DIAMETER $ UJ ;MATERIAL5r' -6 ; E) CASING PIPE : ' WALL THICKNESS '60•;0lAMETER I$- jN/;MATERIALSTJ=1L • NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOQ-OF INSTALLING CASING PIPE UNDER TRACK(S): X DRY BORE AND JACK (WET BORE NOT PERMITTED) ; --- TUNNEL ; OTHER -- 0) 0) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? i( YES; ----NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF 80111 -AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK MAS CONTACTED ( 000 33C 7193, (ed""t ) t OuESl'1D, , • EXHIBIT "A" GEORGETOWN RAILROAD COMPANY MAIN LINE TRACK I tODDIYISMI M. P 2,-8$ E. S. 341-3gt9f) ENCASED WASTE Won -ER. CROSSING AT RovA►D Roca WILL,4MSDA1!SWOT CUTI 1 COMM I AAAA CI CITY ern I2 R', »it r2©c.K 4041:1TANN RR FILE NO. E-25/.4.04 DATE O6-TAO.,I`!� Georgetown Railroad Contact: Mark Dixon (512) 863-2538 RECORDED DOCUMENT FOLLOW PIPE LINE LICENSE GRR FILE: E-251.606 THIS AGREEMENT, made this 1st day of January 2013, by and between GEORGETOWN RAILROAD COMPANY, INC., a Texas corporation (Licensor), and CITY OF ROUND ROCK, a municipal corporation (Licensee), address: 221 E. Main, Round Rock, Texas 78664. WITNESSETH: 1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct, maintain and operate, subject to the terms of this agreement, a single 8 inch diameter waste water line contained within a 20" diameter steel casing pipe (herein called structure), to be located at approximately Mile Post 2.88 (ICC Chaining Station 363+90) on the Georgetown Railroad Main Line Track, City of Round Rock, County of Williamson, State of Texas, as shown on the attached print marked Exhibit "A". This grant is subject and subordinate to the prior and continuing right of Licensor, its successors and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights, consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and additional transportation, communication, pipeline and power facilities upon, over and beneath its premises. The Licensor makes no covenant or warranty of title for quiet possession or against encumbrances on its premises. 2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall designate and shall be relocated or removed by Licensee upon request of Licensor The absence of markers does not constitute a warranty by Licensor that there are no subsurface installations. 3. Costs: Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's premises, and will not allow any mechanics' or materialmen's liens to be enforced against Licensor's premises by reason of any such work. Licensee shall reimburse Licensor for all costs and expense to Licensor in furnishing any materials or performing any labor in connection with such work, including but not limited to furnishing such watchmen, flagmen and inspectors as Licensor deems necessary. 4. Construction and Maintenance: Said structure shall be constructed, reconstructed and maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor that such plans conform with federal, state and/or local codes and regulations applicable thereto. All work upon or in connection with said structure shall be done to Licensor's satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by CAA- 13-ot -0111 m n 0 0 Licensor in its use of Licensor's premises, Licensee shall construct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it proposes to do any work on said structure. Licensee shall be responsible to Licensor for all work on or in connection with said structure, unless performed by an independent contractor who shall have Licensor's written permission before entering upon Licensor's premises, should Licensor deem the same necessary. Licensee shall cooperate with Licensor in making any tests it requires of any installation or condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs incurred by the tests, or any corrections thereafter, shall be born by Licensee. In the event of leakage or spillage from said structure, Licensee shall , at its own expense, promptly clean Licensor's premises to the satisfaction of Licensor, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental regulations incurred by Licensor or Licensee shall be borne by Licensee, including any fines and judgments levied against Licensor or its property. 5. Indemnification: Licensee agrees to release and indemnify Licensor from and against all liability, costs and expense for toss of or damage to property, including, but not limited to, damage or destruction to any fiber optic cable system, and for injury to or death of persons (including, but not limited to, the property and employees of each of the parties hereto) when arising or resulting from: (a) use of said premise by Licensee, its agents, employees or invitees; or (b) the construction, reconstruction, maintenance, presence, use or removal of said structure; or (c) breach of the contract by Licensee, whether or not caused or contributed to by any act or omission of any employee of Licensor. Licensee shall provide to Licensor evidence of insurance coverage as described in Exhibit B-1 attached and made a part of this agreement. The term "Licensor", as used in this section, shall include the lessors, successors, assigns and affiliated companies of Licensor. 6. Termination: This agreement shall terminate: (a) upon abandonment of said structure or discontinuance of the use thereof; or (b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice from Licensor. Upon termination of this agreement, Licensee shall remove said structure and restore said premises to Licensor's satisfaction, failing which Licensor may arrange to do so at Licensee's expense. 7. Non -assignability: This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior consent, which will not be unreasonably withheld. 0 0 8. Consideration: As part consideration for the permission herein given, Licensee shall pay to Licensor the sum of Eighteen Hundred Dollars ($1,800.00) for initial handling of the License and One Hundred Dollars ($100.00) per annum, payable annually in advance. Beginning January 1, 2014 the annual payment will escalate or de-escalate based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, using the following formula: $100.00 x Latest October Index Annual Payment = Index as of October, 2012 9. Specifications: Said structure shall be installed beneath Licensor's property as indicated on Exhibit "A", which is attached hereto and made a part hereof. No open pits or trenches are to be used in the construction or maintenance of said structure on the Licensor's premises. Licensor will not permit any manholes or above ground appurtenances to be constructed on Licensor's premises. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. THIS LICENSE CONTAINS INDEMNITY PROVISIONS. GEORGETOWN RAILROAD COMPAN1jd'J, INC. LICENSOR By W. B. Snead, Chairman of the Board CITY OF ROUND ROCK LICENSEE By Steve Norwood, City Manager STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared (U 5rN e cam_ (title) l%' hn; r tYlar. C/44 -141•C &d2, of Georgetown Railroad Company, Inc. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFI E this thea of-c�.r\vctr , 2013 KAREN P. LESCHBER MY COMMISSION EXPIRES July 21, 2015 STATE OF TEXAS COUNTY OF WILLIAMSON Notary Public in and for Williamson County, Texas QUA" er. P. Lesc[N Type/ Print Name of Nota�Public My Commission Expires: J 014 021, a1 O 15 BE ORE ME, he undersigned authority, on this day per nally ap eared C/ on/s1644 (title) G 113 M i✓ , of the f%tL known to me to be the person whose name is subs to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OFFICE this the fri6iday o 2013 1 �'"",r,' SARA LEIGH VVHII E MY COMMISSION EXPIRES July 11, 2016 Notary Public in and for V4 j LLAIANYAbli County, Texas SArk. Ltidel vihrfe, Type/ Print Name of Notary Public' My Commission Expires: i (.y i 1 2-04 PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING N • (. SLI) `o? �T NEAREST R.R. T M) Vtiti I I I I f yI 4,,I /� NO SCALE ' ggn�i rY 11 ( 1K 1 9D F 7. 1111 (SEE NOTE 3 B 5) FORM OR -0404--8 REV. 5-15-98 ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. /e 90. . Ze l F VAIN TRACK (ANGLE OF CROSSING) ilk 1 I I 1 f I to -1 ! i 1 (DESCRIBE IXED 0 JECT 14 J (SEE NOTE 6) (DISTANCE ALONG TRACK FROM SECTION LINE CR0551NG1 RR'S Rix 1632 FT. y. FT. (SEE NOTE 3 6 5) (DESCR BEEFIXEDNOTE OSJECT) FT (h'OIE: TI LOCESADIVERSION uNG SECTIONS111E0 III ALL , TO A LEGAL 50111E1 LINE 15 REOUIREO) RR'S R/Y 25- FT. MIN. DIST (Sea Note 2) T. Ai• FT. SUBGtADE SEAL 065)880 2—FT. ROADBED >6 FT. (4.5 FT Mt11.) c\ (20 FT. MAX)(3Fi FT. �N,} SEAL CASINO CASINO P(P9 (Sae Nota 4) * "T. LAI$ FT. 4 • a ZS Fr. TO KERB, t NEAREST R.R. TOANI 1 1 I 1 I GRRGFAW, s 1 _- CARRIER PIPE 4 ► 1 IS FT. �^ FT. 6 mtg.',—65' MIN, t M r /. '. 6,5 Fr. /" 1 NOTES) (CASING LENOTN AHEN MEASURED ALONG PIPELINE.) 1) ALL HORIZONTAL NUANCES TO 8E MEASURED AT RIGHT ANGLES FROI 4 OF TRACK. 21 CASINO TO 0211N0 BEYOND THEE OF 1RACR AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., DR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-01-1AT ;F NEC£SSART TO PROVIDE PROPER 1E11001 OUTSIDE OF TRACK. 3) 141111'61 OF 50' FRCP THE END OF ANY RAILROAD BRIDGE, t OF AHI CULVERT, OR FROM ANY SIIITCHING AREA. 4) SIGNAL REPRESENTATIVE 16351 BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINIT2 OF CROSSING. 5) ALLOWABLE FIXE0 OBJECTS INCLUDE; BACRNALLS OF BRIDGES; E OF ROAD CROSSINGS 6 OVERHEAD YIAOUCTS (GIVE ROAD IMOD. OR CULVERTS. 6) CASING ANDtunas{P176 LUST 50 PLAGE0 A TAINIACWA OF 2 FEET BELGA THE EXISTING 718ER OPTIC CABLE. ANY EXCAVATION REWIRE() WITHIN 5 FEEL OF IME EXISTING FIBER OPTIC CABLE MUST BE NANO DUO. n STEEL CASING WALL THICKNESS CHART M(NIMIA( DIAMETER OF THICKNESS CASINO PEPE .2500" 1/4" 12' 0R LE55 .3125' 5/16" OVER 12'-18" .3750" 3/8' OVER 18--22' .43T5' 7/16" OVER 22"-28" .5000" I/2" OVER 28"-34" .5625" 9116" OVER 34"-42" .6250" 5/8 OVER 42"-48• OYER 48" MUST BE APPROVED BY R.R. CO. NOTE( THIS CHART I5 ONLY FOR SMOOTH STEEL CASING PIPES N(TH A11141►tlRl TIELO STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH 01TH *HOLE OF CROSSINO OTHER THAN 80. %I AS SIN �t y" B U!N. 0152. (X010 5) A) I5 PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; .?S N0; 8) IF YES, NAME OF STR ET 0) DISTRIBUTION LINE YES OR TRANSMISSION LINE --- C) CARRIER PIPE : COMMODITY TO 8E CONVE Dil E siTEI OPERATING PRESSURE $WALL THICKNESS.Z55;DIAMETER i',MATERIAL S —> E) CASING PIPE : �.. F� WALL THICKNESS j461,DIAMETER Ig IN, ;MATER IALSTL 1 NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. FI METHOR_OF INSTALLING CASING PIPE UNDER TRACK(S): X DRY BORE AND JACK (WET BORE NOT PERMITTED) ; -- TUNNEL ; OTHER 0) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YES; —NO; Hl DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF 800,11 -AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK ' low -Tom) VVtJ PTV1 3 EXHIBIT "A" GEORGETOWN RAILROAD COMPANY MAIN LINE TRACK 1146017 540.'18 M. P 88 E. S..3e,3i-1 ENCASED WASTE 1A!►' T R. CROSS 1 NG AT RousD OC LL,' . D /.C.2CST CI, TI ICSMIY) CIry dP I?t3L3*6 ROCK RR FILE NO b-a5)4o6 DATE O AOJ 113 Georgetown Railroad Contact: Mark Dixon (512) 863-2538 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation Georgetown Railroad Company, Inc. INSURANCE REOUIREMENTS Exhibit B-1 Paragraph A. Commercial General Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $2,000,000 each occurrence and a general aggregate limit of at least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental immunity (ISO Form GL 24 14 or equivalent), severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Licensee's obligation to Railroad in the Agreement. Paragraph B. Automobile Liability Insurance providing bodily injury and property damage with a combined single limit of at least $2,000,000 each occurrence. This insurance shall provide contractual liability by endorsement (ISO Form CA 00 25 or equivalent) covering all motor vehicles including hired and non -owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Licensee's obligation to Railroad in the Agreement. Paragraph C. Workers' Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000 each accident/disease/policy limit. Also compliance with all laws of states which require participation in their state workers' compensation fund. Paragraph D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be A.A.R-A.ASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30 or equivalent) or as revised ISO -RIMA (For CG 00 35 or equivalent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 2831 or equivalent). The Licensee and/or its Contractor(s)/Subcontractor(s) hereby waive their right of subrogation, as respects the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Licensee or its agents or its Contractor(s)/Subcontractor(s) and for loss of their owned or leased property or property under their care, custody and control while on or near Railroad's right-of-way or other real property. Licensee's and/or its Contractor's/Subcontractor's insurance shall be primary with respect to any insurance carried by Railroad. Licensee and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) of insurance evidencing the required coverage. The insurance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material adverse alteration, or cancellation thereof at least thirty (30) days prior thereto. The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's insurance Guide Rating of B and Class VII or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013054942 06/13/2013 01:30 PM CKASEBERG $36.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 4 S