Ordinance No. 3,965MINANCE N0. 3965
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST 70 AN AGREEb*w
WITH . SOUTHERN PACIFIC TRANSPORTATION COMPANY WITH
REGARD TO THE CONSTRUCTION AND 64AINTENANDE OF CERTAIN
DRAINAGE FACILITIES WITHIN RAILROAD RIGHT -OF-WAY; AND
{ PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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IE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN„
TEXASs
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves an agreement with Southern Pacific Transportation Company and authorizes
the Mayor and City Clerk of the City of Baytown to execute and attest to said
agreement with regard the construction and maintenance of certain drainage
facilities with railroad right -of -ways. A copy of said agreement is attached hereto,
marked Exhibit "A ", and made a part hereof for all intents and purposes
x a Section 2: This ordinance shall take effect immediately from and after its
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passage by the City Council of the City of Baytown
INTRODUCED, READ and PASSED by the affirmative vote of the City
wr Council of the City of Baytown, this the 11th day of October, 1984.
Mayor
ATTEST:
V. HALL, tAty Uerk
APPROVED:
y Attorney
{
11
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we exnense 0`2 Gran es , exm a :sc %'.52n Ee agrees -o = nv �O
L'p0:1 Qea --d.. • Or i cal road may, a� izs O: `ion . asz=e
a ae -s`hg Of said struc7z'a- e.
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14. This i ndentu re s ^3i_ _::are to the gene= =` Of and be bind -
- =c upon the successors and assigns Of the aar:.ies�heretc.
STATE OF CALIFORNIA )
CITY AND COUNTY OF SAN FRANCISCO )
THIS DAY OF
On LUNDI� (ONE " A). A 1484. BEFORE !!E. CHRISTOPRFB M.
ow FRANCISCO. STATE Ot.CALIFORNIA. PERSONALLY APPEARED FOR W. 9- FOVM. PCO�Y SAN
KmcYw 'ISO ME 4OR" PROVED -TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE
ON
PERSON WHO HE!lAIF O£XTHE Cb PPOORATIONITHEREIN NAKED AND ACDWWLEID�SEQrTTo H�TItATTTTHE
CORPORATION EXECUTED IT.
q gi0P1�AalA LWIVNI
pK.6US8B8 Mi
d"Llh-lo4,
an. rAO COUNTY OF --
SAN FRANCISCO
NY Comminim Exoes Apr* S. 1917
�
the PZ=tzes 11E =Et0 have cause= these presents
.O be executed in dami_CaZE t_ ^,E Ca_' and VEar ___sT herein
SOL'TEERN PACIFIC TRANISPORTrTION
COMPANY,
By- �GC�_lL v
(Title)
Attest ? 10
F,ssisteZt Secretary
CITY OF BAYTOW ,
By
tayor
Clerk
fL
r :! 47.,7 v:ri_N RECORLED N.AtL 7p
_ ALSO AS 'GNED
LEASE DEED
street
ACO�ess -
s.. ► I AUDIT tam �•�O3 � Aulmr ma
ZI: L.
SPACE ABOVE THIS LINE FOR RECORDERS USE
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RErXIS: TBA- 23.58 -X(N)
THIS IN.- DENTURE, made this day o
Y o ✓V , 1984, by
;.• and between SOUTH7ERN PACIFIC TRANSPORTATION COuPA%Y, a corporation of the
State of Delaware, herein termed "Railroad," and CITY OF BAYTO%A, a iauai-
cipal corporation of the State of Texas, address: P. 0. Box 424, Baytos.•n,
Texas 77520, herein termed "Grantee ";
WITNESSETH:
1. Railroad hereb y grants to G 's"
Grantee, subject to the reservations,
covenants and conditions herein contained, the right to construct, recon-
struct, maintain and operate a twenty -four (24) inch corrugated metal
drain Pipe, hereinafter termed "structure," in, upon, along, across and
neneath property and tracks of Railroad, at or near Bavto »-n, in the County
of Harris, State of Texas, crossing the center line o_ fsaid tracks at
Mile Post 23.58, Engineer's Station 1244.92, in the location shown on the
Print of Railroad's Drawing ho. 84 -0053, Sheet No. 1 of 1, dated March 39,
1984, attached and made a part hereof.
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2. Project markers in _fc a
icent' fy ac �:e_ _ . t side
i 1;aC the faCilit , any is 0:.= er , w' 1_ be 1.n_stalled and con-
stantly maintained by and a- the Expense c. C_an;.ee at Railroad
property lines or such locations as Railroad shad approve. Such
markers shall be relocated or removed upon rogues: c 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 szbordi =ate to the prior and
ccntinL'inc right and obligation of Railroad, its successors and assigns,
to use all the property described herein in the Lerformance of its duty_-
as a common carrier, and there is reserve.^. unto Railroad, its succes-
sors and assigns, the right (consistent
wit."
�_.e ricin ts herein granted)
to construct, reconstruct, maintain and use existing and future rail-
road tracks, facilities and appurtenances and existnc add future trans-
portation, communication and pipeline facilities and a_nc;L tenances in,
upon, over, under, across and along said property.
4. This grant is made subject to all license_, leases, easements,
restrictions, conditions, covenants, encu^.brances, liens and claims
® of title which may affect said :roper -ly and the word -g=-ant- as uses
herein shall not be construed as a covenant aca_nsm the existence of
any thereof.
S. The rights herein granted to Grantee shal'• lapse e_-Id become
void if the construction of said structure ucor. s= c property is not
com- menced within one (1) year fro.« the date .irEt herein written.
6. Grantee shall bear the entire cost and e:ranse of censt- -uct-
inC, reconstructing and maintaining said structure UMCAn said prGpert_.
.Grantee acrees that all work upon or in connection with said structure
shall be cone at such times and in sued manner as not to interfere in
env way whatsoever with the operations o_° Rai'_rCc_. The gars for and
the construction or reconstruction of said' szrucc::=e shall be s;biect
to the approval of Railroad.
Grantee agrees to reimburse Rai_road for the cast and expense to
Railroad of furnishing env materiaas or perfcrm n= en labor in ccn.-
nectiGn with tl12 CGnSCluction, reconstruction, maintenance and re_noval
c_ said structure, including, but. not 1-4r.4-
-4 .ited td', the installation and
remcval of such falsework and other rotecticn_ beneat or along Rai!-
road's tracks, and the furnishing Cf such watC:L :�E: , flagmen and
inspectors as Railroad deems necessary.
7 in the event Railroad s= - =
at Grantee's . _all a_ ar_ -t_ a sc require, Grantee
c EX: C_ ^.SE, S aZll reCOns -_ _, al�er, a {E chances nces i7 yt r
_cCE� - c said structure Cr CL.^.ECw_ao _ t r:Ge s= __ st_ :Ct .re w 4
O- wr_tte :notice F Cm RarCa: sG dc.
•
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41011 -3d
laws r _ cc -_ __� �= a'_ :=
laws, eau? a es, rules 2nd d.'s ='� a == =ca
or :,eta -:e Er,eCt including - =°5ar::_ess c_ whe:, trey become
_Ve, 1nC adir.�, w.th cL` _=.'ter tctiG':, ti1OSE rES2Ci ^C_
tC health, Safety, noise envi,on_-jz_nzai- pr.^.tect _ on, waste di5�0521,
and water and air quality, and furnish satisfactory evidence of
such Compliance upon request c_ Railroad -
Should any discharge, leakace, Spillage, emission or n011uticn
c° a.y c ;pE occ: r upon cr arise �-om the premises covered here::: a
as a result o Grantee's presence, - E_
usE, cneratio ^s or exerci.e a.
ethe rights Granted hereunder, Srantee shah at
0-14gated to clean all ronerr af_ its ether 0-. be
Cc___ b Railroad,-or-an': 'e..ted phE:ea whether o:.:_ed o=
y t ; -" .7q= +
Of Rai road - s,. -r to-the sat- act_cr.
Iir._afa_ 2s the -- opertl cwned or controlled
road is concerned) and an governmental by 1'a-? -
ti:E IG2`tEr. y OVe_..,..E. ^.tai DC^.V I:avZAC �ur].SdiCtiC^
Railroad Play, at its Option, clean r` ee
if Railroad elects tC do so, CZc:1 ►eE Shall pcv �_1rO8C �rE:�ScS;
Of SuC�: Cleanu +^, Railroad the cos-.
p=mMtly upor, the recE_rt of a bill therefor. Gran-
tee acrees to investigatE, -re, in=einifv and defend Railroad all frO1a a:]COrQaan�'` fines, penalties, and eDE. ^.5c (1I:Cl:iC�.iI:C, Sa_t::tC�
liilita f , pena -tie_, Ldcri
- J e. --tS, lit'gatsO: Costs and
attorney fees] incurred by Railroad as a result of Grantee's b_eac
of this section, or as a result c any such discharge, leakage, 7 SLi11aCE• E:�iSSiGn or D011UtiOA, rega-rdIESS Cf whet-
..e-- Such. iia.^.i_-
Y, cost or expense arises Cuing C_ ^,e tine this indenture i5 -
effect CT t:i$rE2fterr, unless such -1 iab"'t-Y, cost or a pe_^_sE is•
proximately caused solely and exc =
of u.ivei by the active nec_=cEncE
Railroad, its o__icers, aae::ts or eMp- loyees.
0
° As _ca=t consideration, G_ar._ee acrees to La_ ?aiiroad as
0fan, au- 1 to any and all assess ten is wh—*C:1 May be levied by crA_
Of any authorized lawfu= body
against `?E prCDEZt_ Or 3a'lrOa (a�_^
w ic^ may have been paid by Ra_?rcad) to defray a-V par -- -
Or Expense incurred in C:+Z1nEC =i - o= the cost
SbT1Ct = a UmC.- C'' "4 L �.. t c CC. ^.Sty act- -4 cn O?
Sa1C rrOperR• commenced Sc -C
dame first 7erE =n written.
k'`hs:: O. ^.E (�} year irC.�_:. �.:-_
10- Grantee, its a en-ts c :^ E. C_le °_g c••s
hereof, S$21 a t.rdy,' _ -•,fecz t0 ^rovic :_ ^_s
?v =p0£e sh CO_ ^.SaveCt' - =CE cf en`r-" On said crO=erty _cr the
inc, repo- str_ct_nc, maintaining and making
necessary re = airs to said structure. Grantee acrees to Bite
five
(5) days' written notice prior to co=ence ant cf any wer _ on
Said Struct•,re, exce =t emercancY ;
S =11 notify Ra4_road's a t - ^6pa_ZS, is itit iC: ZvE. ^.t
ac^ = ut 0= 2 .. representative by p^
=Ee t0 ):ecL said �rO +cry V c_ ^.0 ca� . -9 _ none. Grantee
CC. -.di ticn, _re_ f=c- Kay - r _ -L :Ct:;rE in CCO and sa=c
_�- te, sc _a: as -ems
-_c. , to t .e sat_sf attic- _ �� - _ ` 7f ..4' Grantee's co=ma-
- •-- - -�_ -. __ z_=..tt.E _a:_s tc ke-
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I=
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said :romert:- _
and said st=
ee =ro ��wa_te h ; ? Y^ e ^ __. a cocd =_.c sa.a c. :c_ ..e
t_'3E expense _ - -- == recess =-=-%, NC= a=
e.._e c_ Grantee, ki:�c._ erpe :_se G =a_ _ee a - =e`s == pa,.
Rail road upon demand. _ tC
=1• In the evert any work upon or in connection with said
structure or its anourtenances, to be Gene upon or adiacen: to
the tracks and property c-1, Railroad z
:
Grantee, , s ou-d be let to a contractor
such work snail not be �ect:n urt_l such contractor sag_l
Uave Railroads _t entered into a: acreemen: hit: Railroad, sat_sfacte_ to
and indemnifying Railroad frc= and s
liability against all clairs,
cost and expense crowing out of the per _ craa -;ce of the
.k-ork to be done by such contractor.
12. Insofar as it ?
release f law:u_ly aav, Grantee agrees to n estigate,
defend and indem_�ify Railroad, its of,, e.w�lovees
agents, successors and assicas, frow all
expense howsoever sa.•ne may clai3s, liability, cast and
be caused, includinc reasonable attorney
fees, for loss o= or damage to property and for injuries to or death
Of persons arisi.g out o: Le construction, reconstruction, mainte-
nance, presence, use or removal of said structure, regardless of anv
negligence or alleged negligence, active, passive cr c.zer » =se, er:
, tae part c_° Railroad employees. -
The word " Railroad" as cued in this section s�.all be construes
to include, is addition tc,?ail.cac, the successors, assigns a_-:c
affiliated companies of Railroad
=av be lawfully oad and any other railroad cczpanv
adjacent that
Gperating upon and over-the tracks crossing or
to said structure, and the offices and e..: loyees therec_°.
13. Should Grantee, its successor_ or assicns, at and time
abandon
the use c_ said prCperty or ar.y
anY time to use the same for ra=t thereof, or fail at
cont' per f the purpose contemplated herein for ;.
Period o_ one (1) year, the right herebv given shall cease
t0 t11 exte n_ Of the use sc abandoned Gi
or scontinuEG, and Railroad
shall at once have the right, in addition to, but not in cual=fica-
=ior. of, the rig ^ts hereinabove reserved, to resume exclssive
sio<: -of said prc�ert� or the part tT - po_ses-
cisecntir_uec or- a%andoned. thereof the use of which --s so
_ Lipen te_rLinatio. Of the rights and Privileges he=ebv cranted,
Grantee, at its GtRn Cyst and expense, agrees to remove said structure
==CM said property and restore said
cable to the same stn= property as neari_ as pract_-
e a. ^.0 conCitic^ ter. w::icR it exi =tec prior tc
he construction Of said structure- ShOLId Grantee � event
-ail, nec_?ec_ or ref•-. se to r s-; __ -- sus:: E•lE_._
_ remove s �c
c_C L`re 2._C restOrE $aid
*'OpErty, ci:C:: rE^1QC °i a_'?^_ _'__ °�..., �Q;- � -''
ram . ma_ be Per=or -med by Ra:l_Ga^
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