HomeMy WebLinkAbout1972-11-21; City Council; 953; Storm drain license with AT & SF railwayTHE CITY OF CARLSBAD, CALIFORNIA ' _T"J
,i - c
Agenda Bill No. 9^.3 9^3 Date -Pee. 5, -4972-
Referred To: '
Subject:~~Submitted By:
Storm Drain License with the Atchison, Topeka * Public Works Director
\ and Santa Fe Railway Company
/ Cannon Road - Contract #1012
" Statement of the Matter
An underground crossing of the Atchison, Topeka and Santa Fe Railway
Company with a 24" storm drain is necessary for the construction of
Cannon Road.
The license for this crossing has been prepared and requires execution
by the City of Carlsbad. The fee for the license is in the amount of
$150.00. Funds will be available from the Improvement District to pay
the fee.
Exhibit
1. Resolution No. jk%3 / a resolution of the City Council of the City
of Carlsbad authorizing and directing Mayor to sign pipeline license
with Santa Fe Railway Company.
2. Pipeline license to cross under Atchison, Topeka and Santa Fe Railway
Company right of way.
Staff Recommendat ? ons .
Adopt Resolution No-J&Sii_/ a resolution of the City of Carlsbad authorizim
and directing Mayor to sign pipeline license with Santa Fe Railway.
AS tfo.Pate: Dec. 5, 1972
City Manager's Recommendation
Concur,
Council'Action
} 1-21-72 Authorization- given Mayor to execute the(necessary documents .
to obtain a 1 i.eepse for stoYm drains, from A..T.SS.Fe Railway (
Resolution No. 3023 was adopfed, further reading waived.
Co,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
24
25
26
27
28
29
30
31
32
RESOLUTION NO. 3023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AUTHORIZING AND DIRECTING MAYOR TO SIGN
PIPELINE LICENSE WITH SANTA FE RAILWAY COMPANY
The City Council of the City of Carlsbad does hereby resolve
as follows:
1. The Mayor of the City of Carlsbad is hereby authorized and
directed to sign on behalf of the City of Carlsbad that
certain pipeline license with the Atchison, Topeka and
Santa Fe Railway Company, a Delaware corporation, referred
to as File No. S-43063, covering proposed installation of
a 24" storm drain line across right of way and under tracks
at Milepost 231 plus 1973.0 at Cannon Road near Farr.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
21st day of November, 1972, by the following vote, to wit:
AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
DUNNE, Mayol
ATTEST:
/;• -<~~ -A1^ " *Jffj^^ *^- _T~lz_-r~\r _f. *- *-??£,—4^-—-^, --^**^^ \ *MARGARET E. ADAMS, City Clerk
(SEAL)
Fora 1&58 Standard
(Approved by General Solicitor)
PIPE LINE LICENSE
THIS LICENSE, Made this__12tk_.day of -October ., 19-22L_,
between THE ATGHTSCM.TGgEKA AHD SAMTA f& RAIDfAY CCMPAMY ,
a. Dal aware corporation (hereinafter called "Licensor"), party of the first part, and
CITY CF CABLSBAD
(hereinafter, whether one or more, called "licensee"), party of the second part.
WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant andagree as follows:
1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and maintain X — ---.--..--.,---- _j? -----—^----^-.••- ----------
(- - > pipe line - T -_- - =j_=. _=...•:_ ^j-JSyuaatys,
-Four (24) «.--g^-inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"), across or along the right of way of Licensor at or near the station olFarr.» San .Diego
County ,na1 -i f ornia the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No.-L=3=32121 , dated QctQbej!_.6^1972_
! , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying storm and runoff water
and shall not use it to carry any other commodity or for any other purpose whatsoever.
3. Licensee shall pay Licensor as compensation for this license the sum of
.One. Hundred Fifty and No/100 Dollars($150*50}
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en-
gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it willnot at any time be a source of danger to or interference with the present or future tracks, roadbed andproperty of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un-
der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or
highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there-
after maintained in conformity with the plans and specifications shown on print hereto attached in suchcases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li-
censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself
perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee
agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred
by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release
Licensee from liability hereunder for loss or damage occasioned thereby.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-
port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and
for any and all other expense incurred by Licensor on account of the PIPE LINE.
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss,
damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from
the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
loss, damage or expense arising out of (a) loss 01 or damage to property, (b) injury to or death of per-
aons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here-
in contained Licensor may at its election forthwith revoke this license.
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition thatthe same may be terminated at any time by either party upon ten (10) days' notice in writing to be servedupon the other party, stating therein the date that such termination shall take place, and that upon the
termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen-sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way andtracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there-under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days afterthe effective date of termination, Licensor may proceed with such work at the expense of Licensee. No
termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem-
nity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE
LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on
which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shallnot be liable to Licensee for any damage of any nature whatsoever or to refund any payment made byLicensee to Licensor hereunder, except the proportionate part of any recurring rental charge which mayhave been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served
if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at
1200 Elm Avenue, Carlsbad j California 920Q8. .
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the
same be deposited in the United States Mail, postage prepaid, addressed to Licensor's
Superintendent atH70 West Third Street» San Bernardino»
11. In the event that two or more parties execute this instrument as Licensee, all the covenants and
agreements of Licensee in this license shall be the joint and several covenants and agreements of such
parties. -
12. All the covenants and provisions of this instrument shall be binding upon and inure to the bene-
fit of the successors, legal representatives and assigns of the parties to the same extent and effect as thesame are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen-see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding uponLicensor without the written consent of Licensor in each instance.
Attached hereto and made a part hereof is Rider "A" identified by the signature
of Loyde G.Holt.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and yearfirst above written.
' THE ATOHISCMjTOPEKA. MD SANTA pg RAimEg GQMPAMY (Licensor)
Approved as to Description:
JPy,,,-, ,.-„... i.^yjfc i '^r-.ii-i iia-na J».T .. i .—- -i ......-M^ M...,---,,.,
Assistant to General Manager
Chief Engineer.
GI32U
(Licensee)
Supt. File No.S-43063
_ EXHIBIT "A" S-«063
ATTAC-.HED TO CONTRACT BETWEE**'
THE ^ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY1AND
CITY OF CARLSBAD
SAN BERNARDINO, CALIF.
^^ OCTOBER 6,1972
^^S^^74^^-J
^ ^^^^ "*"ScAce:l" = 5o' ^^^ £
'S*sx7 ^ss "*<v1 1 ^h*2* ^ c/1
Ojui
•W'Sfwer'/1 [1
DESCRIPTION CORRECT
jr.W CON ROY
DIVISION ENGINEER
%
^\v
: Q
j • \
|8
: "1
/Z • C,n* / \
I \
<t 24" STORM DKA.N! "1~~
E.S.2224-6/.4 |^_^
M.P. 2S/>/973.0 t^--^^JL-
*
51 — H
!i
•4M
KCK ^" ^Ntei
Tb P(Ji_l_6'l?TO/^ ^V,
C-/V<?CS8AP KJEAT
.» *fr^4 _^
KK.HT of ENTIT ^ 12 (*}
s»c«-**/3«»/z«.'.2 C O<M
12KM3ttT
</!U/
«» /^5* /2
><
^
, < M
^J•-I* i* Vi V.^ XIT;--'m |f^ ' r23iV: ^!6_
*u : v i **\^v|«l**
1- ' -A M
aj
wn
* i-- ^~~
30'
\ 1 f 'i 1
0 ^^?'
"> it A.1~^S.F KY<^.O.
t 1. To MAT/ON At CiTT'
s» 2^' <-> ia PO^TO .Kjcx-r
~i
} 1 5J'
/C' -*- ,
J» .L J ~~ * ^ ~* .. _. ..
S D.6.|fc. Pbws^Liwes-J1
1
oll^lg
ji5 ^l"1•i;-< v -j;x 11'01 ! ^
DESCRIPTION OF Pi PC LiNE UNDER TRACK
CARRIER
Pipe \CARRIES \ Ptfe^sogeN sizt ..
SToJ<^A i RUNOFF ^AyATfR '• QRAViTr' \ 2.4-'
\ N
PIPE
\ 3 ASS ^F RAi-
I^'-MP \ T^> Top OF P;^-E
RCP !3''
\
\ \ V \
NOTE = KCP 15 CLASS X/, WALL
SPECiPiC ATiON'S C-76-66-T
PIPE IS LOCATED AS
"B1 CONFORMING WCTH ASTM
SHOWN .:, REP.
SAN D.€&o COUNTX C^UFO«N,A
DlV1SI°N
£c^N
2
GJS'-\Eo4>o.DRAW1NG N°' L-3'32;9J
G-en
RIDER »A*
t "
RIDER TO LICENSE AGREEMENT DATS!/ ___flciolafir_12________f W.2SL BE1WEH
THE ATCHISON, MPEKA AMD SANTA FB RAHHAX COMPANX
and
CHI OF .CARLOAD.
13. In oases where Licensee is permitted under paragraph 2 hereof to use the PUB HUB for non~flaJB*bl* substances, the"
PIPE LINE shall be oonstruoted, Installed and thereafter maintained in oonforaity with plane and specifications set forth in the
American Hallway Engineering Association, Specification for Pipe Line Crossings under Railway Truck for non-flaamable substance*,
R*ris*d 1964, or Specification for the placement of Concrete Culvert Pipe, Revised 1966, whichever my apply.
14. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done in a satisfactory
workmanlike Banner and in accordance with plans and specifications approved by Licensor, including plane covering any falsework,
tracing or cribbing that »a,y be necessary to me over, under or adjacent to Licensor's track, and no work shall be permitted until
8»id plans end specifications hare been approved by Licensor.
15. Licensee or Licensee's contractor shall not be permitted to commence work on Licensor1a right of way without having1
first received written notification from Licensor's Division Superintendent of permission to proceed.
16. Any contractor or subcontractor performing work on or in connection with the PIPE LIKE shall for the purposes of
this agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant and
agent of Licensee acting on behalf and within the scope of such contractors' or subcontractors' employment for Licensee.
17. Licensee agrees to furnish and keep In force or arrange to have furnished and keep in force insurance of all kinds
and amounts specified below during the Initial term of construction of the PIPE LINE and during any subsequent term or terms dur-
ing which maintenance is performed on the PIPE LINE.
(a) The Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right
of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not
less than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person, and,
•abject to that llait for each person, One Million Dollars ($1,000.000) for all liability arising out of bodily Injuries to or
death Of two or more persons in one accident or occurrence and (ii) regular Contractors' Property Damage Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or
destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single policy of
insurance complying with the requirements of this subparagraph (a) or In separate policies maintained during suoh periods as snob
contractor* and/or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall Insure Licen-
see's contractual liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license.
(b) The Licensee shall, with respect to the operations it or any of its contractors or subcontractors perform upon, be-
neath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished in Licensor's favor (i) policy or
policies of Insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person
or persona, INCLUDING LICENSOR'S EMPLOYEES, occasioned by or resulting, in whole or in part, from the operations of the License*
or any of its subcontractors, on or oontiruous to Licensor's property (except liability due solely to Licensor's negligence), with
limits of not less than Five ftindred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of On*
person and subject to suoh limitation, One Million Dollars ($1,000,000) for all danages arising out of bodily injuries to or death
of two or more persons in any one accident or occurrence; and (ii) policy or policies of insurance satisfactory to Licensor which
will protect Licensor against liability for damage to or loss or destruction of property, including property in Licensor's care,
custody or control, occasioned by or resulting, in whole or la part, from the operations of the Licensee, its contractors or sub-
contractors (except liability due solely to Licensor's negligence) with limits of not leas than One Million Dollars ($1,000,000)
for each occurrence,
18. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage
or certified copy of Insurance policy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof and to
furnish, or arrange to have furnished, the original policy required by subparagraph (b) of paragraph 17. Certificates reflecting
the coverage required by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation or modi-
fication of the insurance referred to In suoh certificates.
19. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by the
Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory.
IDENTIFIED BE