Ordinance No. 2,2547667
ORDINANCE NO. 2254
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A LICENSE AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY FOR THE CROSSING OF THEIR
EXISTING RIGHT OF WAY WITH A 48 -INCH AND TWO 24 -INCH
STORM SEWER LINES AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, the City of Baytown has constructed improvements
to its storm sewer system; and
WHEREAS, said improvements cross existing right of way
of the Southern Pacific Transportation Company; and
WHEREAS, the Southern Pacific Transportation Company
has tendered a license agreement to the City for said
crossing thereby authorizing the City to cross its right of
way; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Mayor and City Clerk of the City
of Baytown are hereby
agreement with Southe:
the crossing of their
and two 24 -inch storm
crossing is described
to -wit:
authorized to enter into a license
rn Pacific Transportation Company for
existing right of way with a 48 -inch
sewer lines. The location of said
in the license agreement as follows,
Mile Post 20.60 feet, Engineer's Chainage Station
1088 +06, Harris County, Texas at Baytown.
Section 2: Effective Date: This ordinance shall take
effect from and after its passage by the City Council of the
City of Baytown.
7668
INTRODUCED, READ, and PASSED by an affirmative vote of
the City Council of the City of Baytown this the 23rd day
Of— June , 1977.
TOM GENTRY, Ma or
ATTEST:'-
EILEEN.P. HALL, City Clerk
APPROVED:
7 -
NEEL R CHARDSON, City Attorney
-2-
L"', oltiAci
7 t
I
a
E X H I B I T "A"
7669
1\
RAF -- VI " 5/5,/77
7670
D IEZ�.�
-3-el 9J
AUDIT Na,__,__
Mile Post: TBA- 20.60 -X(N)
MIS INDENTURE, made this Z15 day of
1977, by and between SOUTHEIM PACIFIC TRANSPORTATION CO ANY, a
Delaware corporation, herein termed "Railroad ", and CITY OF BAYTOWN$
a municipal corporation of the State of Texas, address: City Fall
Baytown, Texas 77520, herein termed "Grantee ";
WI ESSETH :
1. That Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions herein contained, the right
to construct, reconstruct, maintain• and operate a 48" and two 24" storm
sewer pipeline, hereinafter termed "structure ", in, upon, along,
across and beneath the property and tracks of Railroad, at or near
Baytown, County of Chambers, State of ie:zas, crossing the center
line of said tracks at Engineer's Station 1033 +06, Mile Post 20.60,
in the location shown on the print of Railroad's Lafayette Division
Drawing 76- 0323, dated 17overnber 10, 1976, attached and made a part
hereof.
Said structure shall be installed in accordance with nd'nimum
requirements of Form CS 1741, also attached and made a part hereof.
October 1976
7671
2. Project markers in form and size satisfactory to Railroad,
identifying the facility and its owner, will be installed and
constantly 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
and assigns, to use all the property•described herein in the perform-
ance 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, 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,
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 give Railroad five (5)
days' written notice prior to commencement of any work of construction
or reconstruction.
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
removal of such falsework and other protection beneath or along Rail -
roadts tracks, and the furnishing of such watchmen, flagmen and inspec-
tors as Railroad deems necessary.
7. In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or make
changes in the location thereof upon receipt of written notice from
Railroad so to do.
-2-
Form C -1
October 1976
7672
B. In the event of leakage or spillage from said structure,
Grantee shall, at its own expense, promptly clean Railroad's
premises to the satisfaction of Railroad, the Environmental Pro -
tection Agency and /or any public body having jurisdiction in the
matter. Any expense or 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, shall have the privilege
of entry on said property for the - purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
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 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 performance of the
work to be done by such contractor.
Such contractor shall furnish, at the option of and without ex-
pense to Railroad, a reliable surety bond in an amount and in a form
satisfactory 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 prop -
erty under the control or custody of Grantee while upon or near the
property of Railroad incident to the construction or maintenance of
said structure caused by or contributed to in any way by the construc-
tion, operation, maintenance or presence of Railroad's line of railroad
at the above - mentioned location.
-3-
Form C -1 • • ' . . ' 7673
October 1976 '
Insofar as it lawfully may, Grantee agrees to indemnify and
save harmless 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
affiliated companies of Railroad and any other railroad company that
may be lawfully operating upon and over the tracks crossing 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 contin-
uous 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
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.
SOUTSEMi PACIFIC
TRANSPORTATION COMPANY
By
Tlt_c± 4. ager, Contract Dept
Attest = C%
Asa 3t. rtt Seareta
-4-
CITY OF BAYTOWN
By
fsiayor
By
Clerk
*'orrn
COUNTERSI E0 7674
8. L. PR GEq
Coa ;rolls
�Y -
��°��� .. ii.y
i•!.; Jaekle :
r
Attached ,2104 ��} �Q(iU/t
t Station
Approved for Engineering Details, per Drawing 6--03 3
(Dated) (Revised)
Corporate 0X•mer
�Y lnc.er
( Southern Pacific Transportation Co.
( ) North% -.es tern Pacific Railroad Co.
San Diego & Arizona Eastern Railway
( ) Description Correct.
ft
i J*
Fort
Octc
7675
STATE OF CALIFORNIA )
City and County of San Francisco 3 �'
On this 23rd day of May in the year One Thousand Nine Hundred and Seventy seven
__.
before me, GENE H. ELLINGER , a Notary Public in and for the City and County of San Francisco, State of California, personally appeared
One Market Plaza T. fl_ R'takp and E. A. Fiammengo
GENE H. EL! NIGER
} � NOTARY PU3l.l; 1AL;; ORNIA
PRINCIPAL PLACE OF BUSPIESS IN
..� CITY AND COUNTY OF
SAN FRAiNCISCO
My Commission Expires J:.,Iy 11, 1979
Corporation
My Commission Expires July 11, 1979
known to me to be the Manager, Contract Department ana
ednc {Q +fl,r,+ qp ,-rPtary
of the corporation—described in and that executed the within instrument, and also known
to me to be the person S who executed it on behalf of the corporation therein named
and—±-he--y—acknowledged to me that such corporation_executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
at my office in the City and County San :Franc;isca, the day nd year in this certificate fast
above written. �
Notary Public in and for the Gity and County o[ San Francisco, State of Cpl' nia.
ON A33"s
?'-* -:2! - //
i 2E 9 i�gj . IARP.Ao olvoe it" 11-9—, ON 31nou
4 131.4 0,V YJ •339 'IVA JLQ 01my110
V;Iwa
y
'X31. r NM 01 A V qt-
;-LV
V-0,1!35 L•JdC.LS 03SO&Sed (+'Id'
GN-9 D 3 7
Auodwoo uoj4o4AodSUoAJL
tu*41noS
Of -,, I f *-JOH,.5,7 =.. I : -al 279
4
C?
021V07 —L"7VNdSV
.;J*wn •V-D 10 9•& •01(d I
,ps- Ito
OO t
4 'h".3: VI - ;�o
0=41=
.co
V2,r
"poll
(-41eydsy) proy i1juag
U 4 04AZIg
m
-a
(-41eydsy) proy i1juag
U 4 04AZIg
m