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HomeMy WebLinkAboutReso 90-1983that: RESOLUTION NO. 90-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY (COLMA CREEK SEWER OUTFALL) BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of' Agreement. Execution of an easement agreement for the installation of a 33" diameter sanitary sewer beneath the Southern Pacific Transportation Company Main Line is hereby authorized, and a copy of said agreement is attached hereto as Exhibit "A." 2. Signatures. The Mayor is authorized to execute said agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an adj. regular meeting held on the 27th day of July , 1983, by the following vote' AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego and Roberta Cerri Teglia None NOES: ABSENT: Councilmembers Emanuele N. Damonte and Gus Nicolopulos ATTEST: RECORDING REQUESTED BY EXHIBIT "A" TO RESOLUTION NO. 90-'83' Street Address City State I AND WHEN RECORDED MAIL TO . ., ALSO : ,, ,. ~'-'-~ · 1t AUDIT NO ..................................... .... , AUDIT No. ', SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS INDENTURE, made this -~-- day of '~-~ ' ' , 1983, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Railroad," and CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California, address: 400 Grand Avenue, South San Francisco, California 94080, herein termed "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, an easement to construct, recon? struct, maintain and operate a thirty-three (33) inch VCP sanitary sewer . pipeline within a fifty-four (54) inch casing, hereinafter collectively ~ "in upon, along, across and beneath the prop- referred to as "structure, , erty and tracks of Railroad, at or near South San Francisco, in the County of San Mateo, State of California, crossing the center line of said tracksi at Engineer's Station 68+86, Mile Post 9.72, in the location shown on the print of Railroad's Drawing 198948 dated March 16, 1983, attached and madel a part hereof. Said structure shall be installed in accordance with minimum require- ments of Form. C. S. 1741, also attached and made a part hereof. As a part consideration for the rights herein, granted, Grantee shall pay to Railroad the sum of Three Hundred Twenty-five Dollars ($325). 2. Project markers in form and size satisfactory to Railroad, identi= fying the facility and its owner, will be installed and constantly main- tained 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 without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. -1- 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, to the' extent that it is consistent with the easement rights herein granted to Grantee, 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, easements, 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.constructing, re- constructing 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 interfeYe 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 Rail- road. Grantee agrees to reimburse Railroad for the cost and expense to Rail- road of furnishing any material Or performing any labor in-connection with the construction, reconstruction, maintenance and removal of said structure, including, but not limited .~o, the installation and removal of such false- work and other protection beneath or along Railroad's tracks, and. the furnishing of such watchmen, flagmen~and inspectors as Railroad deems neces- sary. 7. In the event Railroad shall at any time 'so require, for transporta- tion purposes, Grantee,. at Grantee's expense,, shall reasonably improve said structure upon receipt of written notice from Railroad so to do. 8. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and .orders, including without limitation those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Railroad. --2--. Upon termination or expiration of the. subject easement, Grantee agrees to conduct the necessary tests to confirm that no contamination has occurred due to Grantee's use of the sUbject easement. Should any discharge, leakage, spillage, emission, or pollution of any type occur upon or from the premises due to Grantee's use and occu- pancy thereof,. Grantee; at its expense, shall be obligated to clean the premises 'to. the satisfaction of Railroad and any governmental body .having jurisdiction thereover. Grantee agrees to indemnify, hold harmless and defend Railroad against all liability, cost and expense incurred by Railroad as.'a result of any such discharge, leakage, spillage, 'emission or pollution, unless such .' liability, cost or'expense is proximately caused solely by the active negli- gence.of Railroad. Grantor agrees to indemnify, hold harmless and defend Grantee against all liability, cost or expense' from loss or damage from Grantee's easement rights and sanitary sewer pipeline when such liabilitY, cost and expense is due to the sole active negligence of Railroad. . . 9. As part consideration, Grantee.agrees t° reimbUrse .Railroad for. __ any cost incurred by Railroad as a result of'assessments which'may be leVied within one (1) year from the date first herein written, by'order.of any authorized lawfUl body against the property of. Railroad as a result of the construction of said structure. · · · 10. Grantee,. its agents and employees subject to.proVisions hereof, shall have the privilege of entry on ~aid property for the purpose of con- structing, reconstructing, maintaining and making necessary.'repairs to said structure. Grantee agrees to give Railroad five .(5) days' written notice prior to commencement of any work on. said structure, except 'emergency repairs, in which event Grantee shall notify. Railroad,s authorized representative by phone. Grantee agrees to keep said property and said.structure in a. good and safe.condition and further, to keep the surface of said property free from any waste or debris which may result in any.manner from Grantee's Operations hereunder. If Grantee fails to keep said property and said struc- ture in a good and. safe condition, 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 property 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 per- formance of the work to be done by such contractor. 12. Should Grantee, its successors or assigns, at any time abandon the use o~ 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'hereinabove 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, Grantee, 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 restoration 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 str~cture. .. 13. This agreement~is subjeCt, to the rights of Southern Pacific Pipe · "to construct and Lines, Inc., hereinafter termed "Pipe Line Company, maintain a petroleum,-natural gas.and related products pipeline, a portion of which is located as indicated on the'attached.print. · Grantee agrees ~o reimburse Railroad or P'ipe Line Company for all expenseS which would not have been incurred except by reason of. the use of the premises by Grantee, its agents, employees or invitees. Said structure shall be installed beneath the said pipeline with a mini- mum clearance of two (2) feet. Cover over said pipeline shall not be reduced without .permission from Pipe Line Company. Grantee agrees to: (a) expose the said pipeline by hand at the point of its crossing with said structure in the presence of a Pipe Line Company representative; and (b) notify Pipe Line Company's District Superintendent at (916) 624-2432 at least one (1) week prior to commencement of work in the vicinity of said pipe- line. 14. Insofar as it lawfully may' Grantee· agrees to release and indem- nify Railroad and/or Pipe Line Company, their officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howso- ever same may be caused, including reasonable attorney fees; for loss of -4- i 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 except when due to sole active negligence of Railroad and/or Pipe Line Company employees. The word "Railroad," as used in this Section 14, shall be construed to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure and the officers and employees thereof. 15. 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. SOUTHERN PACIFIC TRANSPORTATION COMPANY., ..,,"',.~ . '.,~i..'"~;; ',./ , (Title) r~%~[, Gcn~ract Oept, ,,',~' .:, ; { .') . . f . Attest: //( ~ ., CITY OF SOUTH SAN FRANCISCO, By Mayor Clerk -5- .ou,e Symbol' E :.!S',otion$~/JrH.~.NF.._A'ANC/~O LEGEND, ~"~'/"' E,S, &8 ~"86' "? --.. Co, .~ :'.. - ¢., '~ ~ Unde~r~ uhhty marker ,% U~rgr~nd s~gnal hne revolved ? . Yes ~. No ~ ~ M~IS . . ' ' ' ' ' ' ' ', *' - 13' / ~ '- ' . ' ~ ' ~1t' ' : '":~ ~g~aA~/r ~ ~94~B / ~ [ I ~ _ , · ' - ~T ...-,. __~= ,,, : ..uarrier Pipe . .~ ~ ' '...4-.~ _ ~ ~ _ _ . , , ~...' ,-. · ~. . '~. '~ . · , '.,',',-~,,',,-, ..' -.'~-....~ /'.~.~Z%,_- -, - ,. ~, . , ,.... .... , ... ~,~/:: ..__~_- _ ~. , ., , I ~ ,. ,. ,, ,.. , · . . ..... . . ., ,. .,. .- . . ~. ...- -V.~ ., . . ~ r .... .... . . . , .... . .... .,., ..... , ., ,. · ...... , ~:~, .. .. .... under which Proposed Pipe is to be placed togcth.;:r l with all necessary aimer'sions Reference to assigned olanket agreement No. Furnish Sketch: c o/v.r Plan, Cross Section and Description o1' Track or Tracks .: I I :.lD,eY Bo~'~ ,MgJ~ "'.: Note'For p~e h'nea c~_rr~?ng £1ammoble substances ~ac CS 17¢2 PIPE iN £MBANKMENT. 'RULES GOVERNING THE INSTALLATION OF PI~ LINES TRANSMITTING WATE~ O~ OTHE~ ~ON-FLAMMABLE SUBSTANCES WHEN UNOER mACKS. 6~RAL l O~tence H ~om ~ of tm to top of~ipe, ~sing ~ ~ete ~c~ment ~11 not ~ le~ than 5'-0" ( ~e exce~n ~ ~eral ~e $ ) ~ Any m~e hne~ crossmg any Wock do not requ~e ~ cos~ ~ovi~d the carrier ~ ~ of mffment str~gth to support the ~ock ~d has woter1~gN lOins. F~ s~h p~ Iims, ~sm9 hghler t~n spec~hed m table I for su~rlmg troqk m0y umd for installing p~me, prow~d t~ sp~e between c~rner Mp~ ~n~ ~ck~ll~ ~ grout er If ~mer ~e does ~ ~ mffmeN strength to m~pOtt tr~ck, C~smg c~rele e~a~em~ ~ust ~ ~h~to~led Length M ~ng measured ot' rig~ ongfes to track snail exten~ ~cn s~e o~ ~nter l~ne ol tmck bye f~l Rim ~ ~1 d~once fr~ ~tom of ~e to t~ of ~s~ng ~ ~se~nt b~ ~ feb, except thor where cosmg ts ~nstoll~ through tmlrood ~bonkm~it sh~ll extend beyond sio~e of embonkmen~ 3 When ~oct~coble, co~mgs end ~mer Mpes may ~ mstoiled ~ ~nng methods. ~ t~m methods ere used t~ mimmum ~h ~om bo~m ~ t~e to to~ of mm ~ ~e mu~ ~ ~ O"or one m~ d~mete~,wh~c~t ~ gteoter~ n~sr, ,ne~e there ~s gooo cohesive ~o~1 the ~pth oe te$~ than one o,~e ~iometer, ~ not ~ss thon ~0~ wdh s~et~o~ ~erm~s,on ~f the Chm~ Engineer If ms~olle~ by tumelmg or b~mg, the s~oce ~d e~mg or c~met p~e must ~ bacHdled w~th grout or 4. No ~i~e hne~ sh~ll be I~td ~htou~h or u~et bridge~ w tulvetts, where there ~s hkeh'hood ~f te~triclmg t~e ~re~ ~e~u~e~ f~r the ~urpose f~ which the bridges or culvert~ wet~ buiN, er end~erin9 f~ndot~n~ of ~m~otlont structures 5 I~ ~dddmnol Hocks ~re constructed m the future, the ptotett~on ~holl be correspondingly extende~ 6. Inve t ted s;phon~ fat de,wage or ~tigotion ddches (C S. IT05) usmg ~teel ptpe with welded or screwed loints at ~tru~ote~ ito~ p~pe wdh ~// seams ~nd Mm~s clo~e riveted ~nd soldered having d~Omeler of 4~ mche~ or less and th~ required strength Io s~port Hock, m~y be in~t~lled without ~ cnsin~. CASING l C~smg m~y be of either tortug~ted m~n smooth steel or c~ele. H sh~ll h~v, ~uff~tient ~lr,n~t~ t~ support ~tock, ezcep~ /hot lighter cosing may be used for mstollotton purposes ~ provided m General Rule ~ Nest~ble (knocked dow~) ~e plain g~lwnized e~rbg~te~ pipe ~f gage corresponding to t~qu~rements of T~ble i ~ny used to protect c~rt~er pipe~ thol ~re ~lte~d% m ~l~ce-: ..,, , . . ~ . i Main Track , .~"~ · .? , ' Subgrade~ ~,~.~,,~?~..~,~-,~,,,~,~,,,~,~t, ...... ~ Dilch ~ , _ ~Cosin~ Pipe ~ ~1 ~(See Cosmg Note NaY) ~'~ 5~0" + H ~ But ~t le~ ~haa ~-0' ' (Gee ~neTal Rule 2) PIPE IN ~UT ~. Metal casing for supporting track shall conform to thicknesses shown in Table £ and shall have j.oinls of either.screw, welded .~. riveted . type. It shall be galvanized or snail be dippea in preservan've' matenot be ~..ed on inside of casing, then the casing eosl one gage or ~' thicker than otherwise required. $. Concrete casing for supporti#g track shnll have the strength specified in current ATSM Serial Designation C-Ye, Class IV. Ail joints shall be water- tight and of an ap. proved tyne of construction. 4. The in, de dtometer of cas/n~ shall be at lea# ~ inches greater than the ieee. est outside diameler of carrmr pipe. S~es of ca~ing larger than shown in Table l.ore special cases and will be decided upon their medts. 6. Casing shall be ~o installed as 1o prevent formation of waterway under the railway. Zt shall have even bearing throughout tts leng~ and shall slope toward one end ~ Regardless of the strength of carrier pipe, comhgs must be provided at oil locations where p~pe crosses under drainage ditches d cover ~s less than $'-0" C~s~ng unaer ditch may be separate from, or a connnuatlon of casmg under t~ack, and must extend o minimum ~f I'-O" beyond top shoulde~ on each s~de of the d~1ch B. When placed tn caen cut. pipe lines having diameter of .fes~, when crossing t~oc#S other ~han mo~n trocl~$ am/ $~atngs, may Oe encase~ tn concrete as snow~ m ToMe ~ 9 Where the en~$ of the casing are below group, d, they shall be sealed to suitably protec~ against the entrance of foretgn material which might prevent ready removal of the corner ptpe Where t~e en~s of t~e casing are at or above ground surface ~d above high water level, they may be left open, provided drmnage is afforded in such o manner that teokage will be conducted ow~y from the roadbed and steuctums CARRIER PIPE t. Carrier ptpe ~hall be ~! an approved type with water-tight joints. ~. Corrugated' leon, smooth steel o~ concrete carrier l~Pe when used without o casing sh~ll have lhe s~me $trength requir~ above for thickness ~ot less thon that sp~cified lor C~ss I~0 Cost leon pipe CON¢t~£T£ £NCA$£M£NT FOt~ PIPES - SOUTHERN PACIFIC LINES COMMON $'I'ANDA~D PIPE LINES FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK ^~)OPTED APR. 20, 1955 F VISEO JAN. '5, 1970