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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