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