Loading...
HomeMy WebLinkAboutReso 38-1980 RESOLUTION NO. ~ CITY COUNCIL, CITY OF. SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN INDENTURE WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY (A 44" BY 72" STORM DRAIN SOUTHWESTERLY OF EVERGREEN DRIVE) that' BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Indenture. Execution of an Indenture between Southern Pacific Transportation Company, a Delaware corporation, and the City of South San Francisco, a munici- pal corporation, dated March 20, 1980, regarding the right to reconstruct, maintain and operate a 44" by 72" arch storm drain on the terms and conditions set forth in said Indenture, a copy of which is attached hereto as Exhibit "A", is hereby authorized. 2. Signatures. The Mayor and the City Clerk of the City of South San Francisco are authorized to execute said Indenture on behalf of the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a ~lOI~Ir meeting held on the l~,h day of ~l , 19~1)_, by the fol 1 owing vote: AYES- Geun¢tlmen Ron-l~t G. ~~ N. A~dte~m ~nL~le N, ~, G~ Ntcol~ulos; ~ Ceunctl~e~ R~e~, ~errt T~glt' NOES: ~ ABSENT: Neq~ ATTEST' Nat Street Address City State L RECORDING RE.,~UESTE~ BY AND WHEN RECORDED MAIL TO EXHIBIT "A" TO RESOLUTION NO. ADOPTED THE _].6.t, h DA.Y OF ~rt] 38-80 ,.I ALSO ASSIGNED LEASE · AUDIT NO. .... ~ ,,' .... DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE AU O iT No. · RELMIS :' EM-10.76-X (N) by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, .a Delaware " and CITY OF SOUTH SAN FRANCISCO, corporation, .herein termed "Railroad,. a municipal corporation of the 'State of California, .address: 400 Grand Avenue, South '.San Francisco, .California 94080, .herein termed "Grantee"; WITNESSETH. · That Railro~d_ke.reby grants 'to Grantee, .subject to the reserva- tions,' covenants and conditions 'herein cOntained, .the 'right t° con- struct, reconstruct, maintain and operate a 44 inch 'by 72 inch 'arch "in upon along, across storm drain, .hereinafter termed "structure, . , . , . . and beneath 'the' property and tracks 'of Railroad, .at or near Baden, . in the County of San Mateo, .State of California, crossing the center line of said tracks 'at 'Engineer's Station 910+35, .Mile PoSt 10.76, in the location shOwn on the print of Railroad's Western Division Drawing 190028, .dated December 4, !979, attached and made a part hereof. Said structure shall be installed in accordance with 'minimum requirements of Form C.'S.' 1741, .also attached and made a part hereof. january, 1980 .0 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 expens~ 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 an.d 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,\restriCtions, 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 Grantee's expense, shall reconstruct, alter, n~xk~x~ka~xfL~~e k~ki~x~x~lx~~~or otherwise improve said structure upon receipt of written notice from Railroad so to do. -2- Form C-1 January, 1980 .~ 8. 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 written. 10. Grantee, its .agents and employees subject to provisions here- of, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' writ- ten notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's autho- rized representative~ ~y 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 Railroad 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 Railro'ad, satisfactory to Railroad, and indentnifying 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 satisfac- tory to Railroad guaranteeing the faithful performance of all the terms, 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 Rail- road incident to the construction or maintenance of said stru~cture 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- January, 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 wor~ "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 .lawful.ly 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 p~y to Railroad upon demand, or Railroad may, at its option, assume o~nership 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. CITY QF SOUTH SAN FRANCISCO By By Mayor Clerk -4- .. · ,. ~. Mein Trech ' c~ NOte: For ~/ne /,nss carrz~na - ..... ' ,~~ · ~, ~" "~'~'~'" ....... " ~ ~ ~ .. ~ ~ ~'~FBottom of Ditch or ~___ ~- .................... ~ ............... ~:o'~ ~5 D 12-0 5-o + H - ~- ~'~ ~ ~' ~ ~ But no~ le~ than ~0 ' ' ~ PIPE iN ~MBANKMENT (~ee Genteel ~ul~ 2) PIPE IN ~UT RULES GOVERNINg THE INSTALLANON OF PIPE LINES TRANSMITTING Y/ATEP O~ OTHE~ NON-FLAMMABLE SUBSTANCES ~HEN C~OSSIN~ UNDE~ T~AC~S ~ I Distance H fwo~ ~ of h~ to top of?pm, casing or concreta enca~ment ~il not b~ !ess than 5-0 (See excephon m G~erol Note 3.) . ~. Any p~pe hne~ crossing any track do not requ~e a cas~.gprovided, th~. ~ carrier p~ ~s of suf~nt ~tr~gth Io support the ~ac~ and has woterh9M l~hls. For s~'h pipe h~as, ~s~n9 lighter than ~pec~f~ed in table Z for supporting trac~ ma7 be used for installing p~e, p~owded t~ space between carnet p~pe and casing , · , bac~Mi~d ~th grout or ~n~ Zf carrier p~ does ~t ha~ ~fh~nt strength to support track, casm~ or concrete encas~me~ must ~ installed Le~qth of p~in9 measured at right angles to frcck shall extend ~ch s~e of ~n~r ~ine of trac~ fNe feet plus the ~rt~l d~stance from bottom of tie to t~ of casing ~ ~case~nt but not less ~an t~ feet, except that where casing is ~nstalled through radroad ~ban~m~ it shall extend beyond slope of embonkmen~ ~. When pracimable, casings and corner pipes may be ms/oiled ~ the ~c~g boring methods. Zf the~ methods are used t~ minimum de~h from bo~m of tie to top of pi~ or b~e mu~ be ~-0"o~ one pipe di~elor, whic~vgr ~s greater~ h~e~ where there is good ~hesive soil th~ ~pth be less than one p~e diameter, but not less than 3~0'~ wdh ~pec~l permission of the Chief Engineer. * Zf installed by tunneling or bor~ng, the sp~e ~ound casing ~ carrier' p~Pe muslbe boc~Hled with grout or san~ ~. No pipe lines s~all ~e Io~d through or under Midges ~ culverts, where there is I&elihood of restricting l~e ~eo ~equired for purpose f~ which the bridges or culvert~ were built, or endangering foundations of ~mpo~1ant structures ~ If ~ddilionat t~acks are constructed m the future, the protection shall be correspondingly extended. 6. Inve ~ ted s~ph o~ ~ f~r drainage or irrigation ditches (~ S. 1705) using ste~l p~pe with welded or screwed }oints ~t ~rrugat~ ~o~ pipe wdh ~11 seam~ ~nd ~nts cio~e riv~ted ond soldered h~ving .d~ameter of ~8 roches or less and th~ required strength Io support track, may be installed without a casing, CASING l Casing may be of either ~or~ug~ted ~ron smooth steel or c~cret~. H shall h~ve ~ufhcient ~trengt~ to support ~roc~, except tho~ o lighter casing may be used for installation purpose~ ~ provided m G~neral ~ule ~ above. Nestabl~ (~noc~ed down) type plain 9alvanixed ~or~b~te~ pipe af gage corresponding to requirements of Table I may be u~ed to prgt~ct carrier p~p. es that ore aHeady m - 2. Metal cos/'ng for supporting track shall conform to thicknesses shown in T.ab~ £ and .shall have ].oint. s,of qither.s~w, welded .~. riv~le.d type. H snail be ga~vom~e~ or shah ce dippea in preservan've ma~eria~ and thorough,~ 'coated inside and outside. Zf preservative material cannot be ~s. ed on inside of cam~g, then the ccsing shall be at leoM one gage or ~~ thicker than otherwise required. 3. Concrete casing for supporting track shall have the strength spacified in current ATSM Serial Des,,i~g~nat~'on C-TG, Class IV. All joints shall be water- tight and of an ap. proved type of construction. ~ The inside d~ameter of casin~ Shall be at least ~ inches greater than the largest outside #iamb/er of comer pipe. 5. S~es of co~hg larger than shown in Table Z are special cases and will be decided upon their merits. E Cas~g shall be so ir, s!alied as ,~ prevent farina/mn of waterway under the railway. Zt shall have e~en bearing throughout ds length and shall slope toward one end 7. t?egardl~ss of the strength of carrier p~pe, casings must be provided at all Iocatmn~ ~ere p~pe crosses under dra{nage ditches ~f cover ~s less than $'-0~ tatung under ddch may be separate from, o~ a continuation of casing under tr~ck, and must exlend a mm~mum of I'-0" beyond top shoulder~ on each side of the ditch. 8. When placed in open cut, pipe lines having diameter of 35"or less, when crossing tracks other than main ttac#s and sidings, may be encased in concrete as shown in Table ~T. ~ Wher~ the ends of the casing are .below ground, they shall be sealed to~ suitably protect against the entrance of foreign material wh~h m~g~t prevent ready removal, of the comer pipe Where~ the en~.~' of the casing are at or above ground surface and obey# high water level, they may be left open, prowded dra~.noge is afforded in ~u~h o manner that le~age will be conducted ow~y from the roadbed and struotures CARRIER PIPE ~. Carrier pipe shall be of an approved type with waf~r-tight joints. ~. Corrugated' /?on, smooth steel at con~rete carrier pipe when used without a casin9 shall have the same strength required above for casin~s. ~ Cast iron c~rrierp~e used wi~out a e~s~ ~hall have a thickness not less then that specified fo~C~s I~0 Cast Iron pipe 7'AZ~LE TH/OK#ESS OF PIPE CA$1N~$ Znsid~ C~rug~ted 3mooth ~m~ter [roe Pip~ [nch&& ~ ~ &t~ Mi~ Thickn~ ~ge ~0, ]nche~ f5, I~ I~ 21, ~ 12 ~0, 3~ i0 ~,5 ~, ~0 TABLE COHG~TE ~NCA~M~NT FO~ PIP~ SOUTHERN PACIFIC LINES COMMON STANDARD PI PE LI Ir; ~'S FOR NON-FLAMMABLE SUBSTANCES CRO,~SING UNDER TRACK NO'SC,ALE ...... ADOPTED APR. :~0,1953 REVI.~ !, 5, 1970 ! Route Symbol ~----~-'-~ LEGEND: · .~ Southern pacific Transportation Co. property line ,.~m-~ ~ Proposed 'facility I// G U h l, ~'), Address (7/T'p' ,~/,~x'/~ ~ .' City..~uzT/,-.?/~. State ~/','~- 'Zip Foci lit y 44'; 72"~ ~ PA Purpose - ~~~~/~ .. Underground signal' line involved ? Yes ~ No  Materials and installation os ~r CS /7~/ ~ .~ ~ IsPipe UhderPressure ~ ~stance From Bottom Of Tie To Too ~ k,~ And Location Of Vents ' Carrier Pipe ~'"/~,DA >, ~ ~ ~ ~ ~ Materials Casing ,,4//~ rL I".- ~ ~ ~ Diameter Carrier Pipe 44 ~ 72 O I ! I I I ' ~-D ~ ~ ~ O Smith Steel Pipe Wall Thickness Corrig~ed Metal (0f casing ~f used othewise carrier pipe) , ~rrier Pipe ~~ Pipe Length Casing ~ ~ E E E E 02.,,o ,,o I;:: O O O O >"E "~ '~ "-c ~ E E E E If Less Than 5'--0". 3' , Why; /V//A/ If Pipe Carries Flammable Substances And Has Casing,Number ~ (in.) (Gage) //~ If Pipe Is Reinforced Conc.~ A.S.T.M. Class 'Designation If Pipe ts Cast Iron, A.W.W.A. Class ~~. Furnish Sketch:. Plan,Cross Section and Description of TraCk or Tracks 'under which Proposed Pipe is to be placed together with oll necessary dimensions Reference to assigned blanket agreement No. /~'/// .. PIPE'CROSSING DATA SHEET . · , · j Revised Form CE'35569 I Sept. 17, 1967 Division Drawing Sheet No. Date