HomeMy WebLinkAboutResolution No. 6165RESOLUTION NO. 6165
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF A
PIPELINE CROSSING AGREEMENT WITH NORTH-
WESTERN PACIFIC RAILROAD COMPANY
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk are authorized to execute, on behalf
of the City of San Rafael, a Pipeline Crossing Agreement with North-
western Pacific Railroad Company in conjunction with the City's
Francisco Boulevard West Extension Project, a copy of which is attach-
ed hereto and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 17th day of August, 1981, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
JE . LEONCINI, City Clerk
N A L
AND WHEN RECORDED MAIL TO Al-SOASS G IE
Name F_
Street .
Address
City P.UnIT No. ----
State _:r,. � �fR
Zip -_�' ,'c. __.. -_..
SPACE ABOVE THIS LINE FOR RECORDER'S USE t
f
RELMIS: 5-16.61-X(N)
I
THIS INDENTURE, made this day of , 1981, I
by and between NORTHWESTERN PACIFIC RAILROAD COMPANY, a California
i
corporation, herein termed "Railroad," and CITY OF SAN RAFAEL, a municipal
corporation of the State.of California, address: 1400 Fifth Street, E
San Rafael, California 94902, herein termed "Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reservations,
covenants and conditions herein contained, the right to construct, recon-
struct, maintain and operate a twelve (12) inch drainage culvert, herein-
after termed "structure," in, upon, along, across and beneath the property
land tracks of Railroad, at or near San Rafael, in the County of Marin,
State of California, crossing the center line of said tracks at 'Engineer's
Station 799+80, Mile Post 16.61, in the location shown on the print of
(Railroad's Drawing P-0322, Sheet No. 1, dated June 16, 1981, attached and
made a part hereof.
i
I
I
Said structure shall be installed in accordance with minimum require-
ments of Form C. S. 1741, also attached and made a part hereof.
-1-
2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and con-
stantly maintained by and at the expense of Grantee at Railroad
property lines or such locations as Railroad shall approve. Such
markers shall be relocated or removed upon request of Railroad with-
out expense to Railroad.
Absence of markers does not constitute a warranty by Railroad
of no subsurface installations.
3. This grant is made subject and subordinate to the prior and
continuing right and obligation of Railroad-, its successors and
assigns, to use all the property described herein in the performance
of its duty as a common carrier, and there is reserved unto Railroad,
its successors and assigns, the right (consistent with the rights
herein granted) to construct, reconstruct, maintain and use existing
and future railroad tracks, facilities and appurtenances and existing
and future transportation, communication and pipeline facilities and
appurtenances in, upon, over, under, across and along said property.
4' This grant is made subject to all licenses, leases, ease-
ments,'r-strictions, conditions, covenants, encumbrances, liens and
claims of title which may affect said property and the word "grant,"
as used 'herein, shall not be construed as a covenant against the
existence of any thereof.
5. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) year from the date first herein written.
6. Grantee shall bear the entire cost and expense of construct-
ing, reconstructing and maintaining said structure upon said property.
Grantee agrees that all work upon or in connection with said structure
shall be done at such times and in such manner as not to interfere in
any way whatsoever with the operations of Railroad. The plans for and
the construction or reconstruction of said structure shall be subject
to the approval of Railroad.
Grantee agrees to reimburse Railroad for the cost and expense to
Railroad of furnishing any materials or performing any labor in connec-
tion with the construction, reconstruction, maintenance and removal of
said structure, including, but not limited to, the installation and re-
moval of such falsework and other protection beneath or along Railroad's
tracks, and the furnishing of such watchmen, flagmen and inspectors as
Railroad deems necessary.
7. In the event Railroad shall at any time so require, Grantee,
at Grantees expense, shall reconstruct, alter, make changes in the
location of said structure or otherwise improve said structure upon
receipt of written notice from Railroad so to do.
-2-
S. In the event of leakage or spillage from said structure or
any vehicle in the control or custody of Grantee or any contractor
for Grantee, Grantee shall, at its own expense, promptly clean Rail-
road's premises to the satisfaction of Railroad, 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 Railroad or Grantee shall
be borne by Grantee, including any fines and judgments levied against
Railroad or its property.
9. As part consideration, Grantee agrees to pay Railroad an amount
equal to any and all assessments which may be levied by order of any
authorized lawful body against the property of Railroad (and which may
have been paid by Railroad) to defray any part of the cost or expense
incurred in connection with the construction of said structure upon said
Property commenced within one (1) year from the date first herein writter
10. Grantee, its agents and employees subject to provisions hereof,
shall have the privilege of entry on said property for the purpose of
constructLrig-, reconstructing, maintaining and making necessary repairs
Co said structure. Grantee agrees to give Railroad five (5) days' writ
Len notice prior to commencement of any work on said structure, except
emergency repairs, in which event Grantee shall notify Railroad's author -
;zed representative by phone. Grantee agrees to keep said property and
said structure in good and safe condition, free from waste, so far as
affected by Grantee's operations, to the satisfaction of Railroad. If
Grantee fails to keep said property -and said structure in a good and safe
condition, free from waste, then Railroad may perform the necessary work
at the expense of Grantee, which expense Grantee agrees to pay to Railroa
upon demand.
11. In the event any work upon or in connection with said structure
or its appurtenances, to be done upon or adjacent to the tracks and prop-
erty of Railroad, should be let to a contractor by Grantee, such work
shall not be begun until such contractor shall have first entered into
an agreement with Railroad, satisfactory to Railroad, and indemnifying
Railroad from and against all claims, liability, cost and expense growing
out of the performance of the work to be done by such contractor.
Such contractor shall furnish, at the option of and without expense
to Railroad, a reliable surety bond in an amount and in a form satis-
factory to Railroad guaranteeing the faithful performance of all the term
covenants and conditions contained in said agreement.
12. Grantee shall assume all risk of damage to said structure and
appurtenances and to any other property of Grantee, or any property under
the control or custody of Grantee while upon or near the property of RaiI
road incident to the construction, reconstruction or maintenance of said
structure, caused by or contributed to in any way by the construction,
operation, maintenance or presence of Railroad's line of railroad at the
above-mentioned location.
-3-
Mach., 1980
Insofar as it lawfully may, Grantee agrees to'release and indem-
nify Railroad, its officers, employees, agents, successors and assigns,
from all claims, liability, cost and expense. howsoever same may be
caused, including reasonable attorney fees, for loss of or damage to
property and for injuries to or death of persons arising out of the
construction, reconstruction, maintenance, presence, use or removal of
said structure, regardless of any negligence or alleged negligence on
the part of Railroad employees.
The word "Railroad," as used in this section, shall be construed
to include, in addition to Railroad, the successors, assigns and affil-
iated companies of Railroad and any other railroad company that may be
lawfulily operating upon and over the tracks crossing or adjacent to said
structure, and the officers and employees thereof.
13. Should Grantee, its successors or assigns, at any time abandon
the use of said property, or any part thereof, or fail at any time to use
the same for the purpose contemplated herein for a continuous period of
one (1) year, -the right hereby given shall cease to the extent of the
use so abandoned or discontinued, and Railroad shall at once have the
right, in addition to, but not in qualification of, the rights herein-
above reserved, to resume exclusive possession of said property or the
part thereof the use of which is so discontinued or abandoned.
Upon termination of the rights and privileges hereby granted, Gran-
tee, at its own cost and expense, agrees to remove said structure from
said property and restore said property as nearly as practicable to the
same state and condition in which it existed prior to the construction
of said structure. Should Grantee in such event fail, neglect or refuse
to remove said structure and restore said property, such removal and res-
toration may be performed by Railroad, at the expense of Grantee, which
expense Grantee agrees to pay to Railroad upon demand, or Railroad may,
at its option, assume ownership of said structure.
14. This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
NORTHWESTERLT PACIFIC RAILROAD
COMPANY,
By n
(Title) Assistant to Vice President
Attest:
Assistant Secretary
CITY OF SAN RAFAEL
By
Mayor
By
Clerk
APPROVED
-4-
0 -
CITY ATf'OW i=Y
JIAIt UI- LALIFURNIA
CITY AND COUNTY OF SAN FRANCISCO )
ON THIS '717N DAY OF fl"IftS IN THE YEAR ONE THOUSANp NINE HUNDRED AND
EIGHTY—ONE, BEFORE, ME, CHRISTOPHER M. LUNDIN (ONE MARKET PLAZA), A NOTARY PUBLIC
IN A14D FOR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, FOR THE CITY
AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED L. F. FURLOW
KNOWN TO ME TO BE THE ASSISTANT TO VICE PRESIDENT, OF THE CORPORATION DESCRIBED IN
AND THAT EXECUTED THE WITHIN INSTRUMENT, AND ALSO KNOWN TO ME TO BE THE PERSON WHO
EXECUTED IT ON BEHALF OF THE CORPORATION THEREIN NAMED AND HE ACKNOWLEDGED TO ME
THAT SUCH CORPORATION EXECUTED THE SAME.
'
CHRISTOPHER M. LUNDIN
NOTARY PUBLIC -CALIFORNIA
ilN
PRINCIPAL PLACE OF BUSINESS It
.,,
CITY AND COUNTY OF
SAN FRANCISCO
1,.1y Commission ExPir^svApril 8, 198_3
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY
HAND AND AFFIXED MY OFFICIAL SEAL AT MY
OFFICE IN THE CITY AND COUNTY OF SAN
FRANCISCO, THE DAY AND YEAR IN THIS
CERTIFICATErFIR T ABOVE WR,�TTEN.
OItl)t,��w��U.XGc
NUTAKY VUriLIL IPJ AND FOR�_THE CITY AND
COUNTY OF SAN FRANCISCO, STATE OF
CALIFORNIA.
Note: For pipe tiles Carrying
f/ammob/e substances
see CS 1742
—Carr;er Pipe
I�
Main TraCk
or S ding
v
�hz
Pipe LMe 1
r2=0" 5'-0" t
But not
PIPE IN EMBANKMENT (See,Genera/ Ral 2)
RULES 6011ERN/N6 THE INSMLLAT/ON OF PIPE LINES TRAN5MITTIN6
H147 -ER OR OTHER NON-FLAA/1fMBLE SUBSTANCES WHEN CROSSING
UNDER TRACKS
GENERAL
/. Distance H from bd1arn of lie to fop of pipe, casing or concrete encasement shall
no/ be less than 3'-O" (See exception in General Note 3.1
2. Any pipe lanes crossing any /rack do not require o casing provided the carrier
pipe is of sufficient strength to support /he track and hos walerhghl joints For such
pipe lines, casing lighter than specified in /able I for supporting track may be
used for installing pipe, provided The space between carrier pipe and casing Is
backfilled wilt grout or sand.
If carrier pipe does not have sufficient strength To support track, casing or
concrete encasement must be installed Length of casing measured at right angles
to track shall extend each side of center line of frock five feel plus the vertical
dtslance from bottom of lie /0 V of casing or enc0semenl but 1701 less than /en
feet, except !hail where cosing Is Installed through railroad embankment /l shall
extend beyond slope of embankment.
3 When practicable, casings and carrier pipes moy be Installed by the locking or
boring methods. If these methods are used the minimum depth from bol0m
of Ile to top of pipe or bore must be 3'- 0" or one pipe alameler, whichever
is greater; however, where there Is good cohesive soil the 010p/h may
be less than one pipe diameter, but not less than 3 0', with
special permission of the Chief Engineer If InslaHed by tunneling
or boring, Me space around casing or carrier pipe must be backfilled
with grout or sand.
4. No pipe lines shall be fold through or under bridges or culverts,
where there Is likelihood of restricltng Me area required for the
purpose for which /he bridges or culverts were built, or endangering
foundations of important structures
5. /f oddrliono/ trucks are constructed In the future, the protection
sholl be correspondingly extended.
6. lnverled siphons for drainage or Irrigotion ditches (C. S. 1705,1
using steel pipe with welded or screwed taints or corruno/ed iron
pipe with at/ seams and joints close riveted and s0/dere!Y having a
diameter of 48 inches or less and the required strength to sWporl
/rock, may be installed without a casing.
CASING
/. Casing moy be of either corrugated Iron smooth steel or carcrele.
If shall hove sufficient strength to support track, except that a
lighter cos(ng may be used for tnstollotton purposes os provided
In General Rule 2 above.
Neslab/e (knocked down/ type plain g0/von4red corrugated pipe
of gage corresponding to requirements of Table / may be
used to protect currier ptprs that are already In place.
5�6et
Ditch u' h "
117.
': pBottom of Ditch or
3'-0"Min. if no casing
.Seo/ (See Cosmg Nole No 7)
Carrier Pipe
PIPE /N CUT
2 Meta/ casing for supporting track shall conform to thicknesses
shown in Table I and shall have joints of a/lhersa w, welded ay dueled
type. It shall be gatvonired or shall be dipped In preservative material
and Morough/y 'cooled inside and outside. If preservative materia/ cannot
besed on inside of casing, then Me casing shall be al /east one gage
or l ` thicker than otherwise required
3. Concrete casing for supporting track shall have the strength specified
in current ATSM Serio/ Designation C-76, Class IV. Al/ jo/nls shall be water -
light and of an approved type of construction.
4. The inside diameter of cosihq shall be at /east 2 inches greater /hon the
/or est outside diameter of carrier pipe.
5. Sizes of cosing larger than shown in Table I are special cases and will
be decided upon /heir merits
6. Casing shall be so instal/ed as to prevent formation of waterway under
the railway. It shall have even bearing throughout its length and shall slope
toward one end
7 Regardless of the strength of carrier pipe, casings must be provided
Of alt laCa1/0175 where pipe crosses under drainage ditches If cover is less
than 3,-0' Casing under ddch may be separate from, or a continuation
of casing under /rack, and must extend o minimum of /'-0" beyond lop
shoulders on each side of The ditch.
B. When placed in open cut, pipe fines howng diameter of 36" or
less, when crossing /rocks other than main /rocks and sidings, may
be encosed In concrete as shown in Table IT.
9 Where the ends. of the casing are below ground, they shall be
sealed to suitably protect against the entrance of foreign materia/
whkh might prevent ready removal of /he carrier pipe
Where the ends of the casing are at or above ground surface
and above high water level, they may be left open, provided drainage
is afforded in such o manner that leakage will be conducted
owvy from the roadbed and structures
CARR/ER PIPE'
i Carrier pipe shall be of on opproved type with wafer -tight
joints.
2. Corrugated iron, smooth steel or concrete carrier ppe
when used without a casing shall have the some strength
required obore for casings.
3 Cast Iron carrier pipe used wih)oul a cosing shalt have o
thickness not less than that specified for Class 150 Cost Iron
pipe
C. S.
TABLE I
THICKNESS OF PIPE CAS/NGS
FOR SUPPORTING TRACK
/aside
D,amefer
Carrugated
Iron Pioe
Smoot/r
SfeefPf�
laches
U. S Std.
Gaye v'/o.
.Nn. Th tkn1=
laches
410 /0
/4
i8
12
14
/6
15,18
14
4
21,24
12
A
30,36
/0
12
46 54, 60
B
/2
TABLE II
CONCRETE ENCASEMENT
FOR PIPES
d
Inches
A
(fiches
Humber of
Loagiiudina/
S/2'0 Bars
/0, f2
4
4
/5
5
4
/B
5
B
2/, 24, 27
6
B
30
7
Y2
33
B
12
36
9
/2
A%a"¢SIV rugs A
i r 2=0 c: 7 c. r—
SOUTHERN PACIFIC LINES
COMMON STANDARD
PIPE LINES
FOR NON-FLAMMABLE: SUBSTANCES
CROSSING UNDER TRACK
140 SCALE ADOPTED APR. 20, 1953
REVISED JAN. 5, 1970
:l_
I
C --j 1 ("
2
;- ca
r._ is
O u-
l.L C�
C)
J �
Lu ca
r
cIT
'i
W _
n_ a Cannt;
If Pipe Is Reinforced Conc, ASTM Claam
Designation _ &I,;q� If Pipe is Cast //Iron A'frdA Clasr.—
--
JFurnish Sk,etch,'Z\„
:-)t,ction rind Description of Track or 'rrsck
I'i•oposed Pipe iR to be rile c(!d togf--1.11sr
with H1: ner(,!isaiy dimensions.,
i
.•f ?\' RClrrCnCt �c F,Sic)r1Cf1 bl:)nhet Jprt(menf fro.
S t Cl t I on - 1 a.1". Lam•^ .� t rT ! N I r C- • .i
�-- PINI` CRCI��IP7G DATA S}iT�:T
F•S° <��_� Af.r' 1•• �_ f1 i v 1 i 10n
,Dr rwln
NO
%Pi'l i -Fint`10 . --
' _C ly __.._ '� '' S inte Zip
Fac IIitS
Pi LrTo ,i t-
.3 � Istallation as per CE --_---
CS
Pipe n +'. f7`esflure
r
",)ttom of Tie To Top of �'Casing
if ' --G O '61h r?
Ir Pipe Cnr . r r, FlR=Lnble Substancen and has t:anin,gr
Nw"!�er Gnd Location of ventts -
Cal~rier Pipe �l'C
Faterials Caa tib -
Currier Pipe
Diameter Caaing --
Smooth Steel __(In..,
Pipe 'Wall Thickness
*(Of Casing, if used - Corrugate -S Metal (GaZv)
Other -wise Carrier Pips)
Ca-rrier Pipe
P i p e Leng-tb
Or �.
f 4 1 .sCd
- l � J
int 17, 1961
r