HomeMy WebLinkAboutItem 3.8 Easement Indentural So. Pacific Railroad (2) CITY OF DUBLIN
(010 - qo
AGENDA STATEMENT
CITY COUNCIL MEETING DATE : February 13, 1984
SUBJECT Subdivision 4719 - Easement indenture over Southern
Pacific Right-of-way
EXHIBITS ATTACHED 1 . Letter from Southern Pacific.
2 . Easement indenture.
3 . Draft Resolution for approval of easement indenture .
RECOMMENDATION Approve Resolution approving easement indenture with
Southern Pacific .
FINANCIAL STATEMENT: Developer has submitted a check for $325 . 00 for the
Southern Pacific fee . City will maintain drainage
facilities once constructed by the developer and accepted
by the City.
DESCRIPTION As a requirement and design of Tract 4719 (Kremco) , two
storm drain pipes will be placed under the railroad tracks to connect
the subdivision storm drainage to the storm channel west of the tracks .
The Southern Pacific Transportation Company must contract with the
agency that is to maintain the drainage facilities to allow a license
to construct and maintain these facilities . In this case, the City of
Dublin is that agency.
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ITEM NO. J • 8 COPIES TO: City Attorney
Developer
Skluthern Pacific
Lurid Qompany
1707 Wood Street • Oakland,California 94607 (415)891-7454
REAL ESTATE
�.A.SUTFIN January 2 5 , 1984 IN REPLY PLEAS[REPER TO
VICE PRESIDENT AND GENERAL MANAGER 201069
R.E. MESICK
A 5SIS- NT VICE PRESIDENT
C.W.JOHNSON
O.L.1114111 ASSISTANTS TO GENERAL MANAGER. REAL ESTATE
.3.A.RODRIGUEZ �✓
sr- ACC.NT
R. L. MAYER
L110 \:'ENT
I IJ
City of Dublin ._. , .
6500 Dublin Blvd.
Dublin, Ca. 94566
Gentlemen:
Attached for review are duplicate counterparts of proposed easement
indenture, covering the construction, maintenance and operation of a 42"
and a 48" RCP storm drains beneath SPT Co. trackage and property at Dougherty
(Dublin) , Ca.
If agreeable, kindly arrange .for execution and return of the "RR COPY"
to this office , together with check in the amount of $325. 00 . A certified
copy of the Resolution authorizing execution should be attached to each
counterpart. If recorded, please furnish recording data.
When bid has been awarded, please quickly advise name and address
of City' s contractor, so that we may prepare our Standard Contractor ' s
Right of Entry agreement for their execution. Should you have any questions,
please contact Bill Boles at the above telephone number.
Sincerely yours
attachment
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO ALSO ASSIGN
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AUDIT NO. ..... ....... AUDIT No...._.._.._.._...
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
RELMIS: BO-62 , 94/62..59- .
X (N)
THIS INDENTURE, made this day of L)0= l tJ Ur-, , 1984 , by
and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corpora-
tion, herein termed "Railroad, " and CITY OF DUBLIN, a municipal corpora-
tion of the State of California, address: 6500 Dublin Road, Dublin,
California 94566, herein termed "Grantee" ;
WITNESSETH:
1 . That Railroad hereby grants to. Grantee, subject to. the reserva-
tions, covenants and conditions herein contained, the right to construct,
reconstruct, maintain and operate storm sewer facilities in, upon, along,
across and beneath the property and tracks of Railroad, at or near
Dougherty, in the County of Alameda, State of California, as follows:
(a) a forty-two (42) inch RCP storm sewer pipeline
within a sixty (60) inch casing crossing the
center line of said tracks at Engineer's Station
1306+61 , Mile Post 62 . 94 , in the location shown on
the print of Railroad' s Drawing 201069 dated
November 23 , 1983 , attached and made a part hereof; and
(b) a forty-eight (48) inch RCP storm sewer pipeline
within a sixty-six (66) -. inch casing crossing the
center line of said tracks at Engineer' s Station
1288+58 , Mile Post 62 . 59 , in the location shown
on said print.
Said storm sewer facilities shall hereinafter ba collectively referred
to as "structure. "
Said structure shall be installed in accordance with minimum require-
ments of Form C. S . 1741 , also attached and made a part hereof.
1-a. As a part consideration for the rights herein granted, Grantee
shall pay to Railroad the sum of Three Hundred Twenty-five Dollars (5325) .
Form C-2.
November, 1983
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 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 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 succes-
sors and assigns, the right (consistent with the rights herein granted)
to construct, reconstruct, maintain and use existing and future ra4_1-
road tracks, facilities and appurtenances and existing and future trans-
portation, communication and pipeline facilities and appurtenances in,
upon, over, under, acress 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 f_rst herein written.
6 . Grantee shall bear the entire cost and expense of construct-
ina, 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 nct 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 con-
nection 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-
road' 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, ,make changes in the
l nfx� f�u;r Citicai�CrC�C or otherwise improve ' x5 ` `�1C` _xn1f
receipt of written notice from Railroad so to do.
-2-
Form C-2
November, 1983
8 . Grantee shall, at its expense, comply with all applicable
laws , regulations , rules and orders regardless of when they become
or became effective, 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.
Should any discharge, leakage, spillage, emission or pollution
cf any type occur upon or arise from the premises covered hereunder
as a result of Grantee ' s use, presence, operations or exercise of
the rights granted hereunder, Grantee shall, at its expense, be
obligated to clean all property affected thereby, whether owr,ecl or
controlled by Railroad, or any third person, to the satisfaction
of Railroad (insofar as the property owned or controlled by Rail-
road is concerned) and any governmental body having jurisdiction in
the matter. Railroad may, at its option, clean Railroad' s premises;
if Railroad elects to do so, Grantee shall pay Railroad the cost
of such cleanup promptly upon the receipt of a bill therefor. Gran-
tee agrees -to investigate, release, indemnify and defend Railroad
from and against all liability, cost and expense (including, iaithout
limitation, any fines , penalties, judgments, litigation costs and
attorney fees) incurred by Railroad as a result of Grantee ' s t-each
of this section, or as a result of any such discharge, leataga,
spillage, emission or pollution, regardless of whether sac_: liabil-
ity, cost or expense arises during the time this i_1denz Lre is in
effect or thereafter, unless such liability, cost or expense is
proximately caused solely and exclusively by the acti-:e neglie=nce
of Railroad, its officers , agents or employees.
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 R ._ir.oad (and,
which may have been paid by Railroad) to defray any part of the cost
or expense incurred in connection with the construction cf 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
hereof, 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 ' 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 good and safe
condition, f=ee from waste, so far as affected by Grantee ' s opera-
ticns, to the satisfaction or Railroad. If Grantee fails to keep
-3-
Form C-2
November, 1983.
said property and said structure in a good and safe condition,
free from waste , then Railroad may perform the necessary :eork at
the expense of Grantee, which expense Grantee agrees to pay to
Railroad upon demand.
11 . In the event any work upon or ;.r. 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.
12 . 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 con-emplated herein for a
continuous period of one (1) year, the right hereby given shall cease
tc the extent of the use so abandoned or discontinued, and Railroad
shall at once have the right, in addition, to, but. not in qualification
cf, the rights hereinabove reserved, to resume Exclusive possess-on of
said property or the part thereof the use of whicq is so discontinued
or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees tc; 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 con-
struction of said structure. Should Grantee in such event fail, neglect
or refuse to remove said structure and restore said property, such re-
moval and restoration may be performed by Railroad, at the expense of
Grantee, which expense Grantee agrees to pa11' to Railroad upon demand,
or Railroad mav, at its option, assume ownership of said structure.
13 . This indenture is subject to the rights cf Soufh�rn Pac fic
hereinafter termed "Pipe Line Company, ,.o cons ruct
Pipe maintain la betroleum, natural gas and related products pipeline, a
portion of which is located as indicated on the attached print.
Grantee agrees to reimburse Railroad or Pipe Line Company for all
expenses which either may incur, which expenses would not have been in-
curred 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 minimum clearance cf two (2) feet. Cover over said pipeline shall
not k-e reduced without written permission from Pipe Line Company.
-4-
Form C-2
November, 1983
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 reprE!sentative; and
(b) notifv 'pi-- T.; • �',.^..____ _ -
STATE OF CALIFORNIA >
CITY AND COUNTY OF SAN FRANCISCO> 1984. BEFORE ME, CHRISTOPHER
DAY OF '
ON THIS Ry PUB C IN AND FOR THE CITY AND COUNTY OF SAN
M. LUNDIN (ONE MARKET PLAZA) , A NOTE TO
FRANCISCO, STATE OF CALIHERBASISpOFSSATISFACTORYR EVIDENCE)FTOB TE PEROON BEHALF
ME (OR PROVED TO ME ON T
EXECUTED THE WITHIN INSTRUMENT, AS ASSISTANT TO VICE PRESIDENT-OPERATIONS
OF THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXECUTEC
I'f.
_ CHRISTOPHER M. LUNDIN�
NOTARY PUBLIC•CALIFORNIA � � '���
_ PRINCIPAL PLACE OF BUSINESS IN \
CITY AND COUNTY OF.
SAN FRANCISCO
ply Commission Expires April 8. 1957
lilli ll.l L1C, �tl a.aalLj.on to Railroad, the successors , assigns and I
•� 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 WHEP.EOF, the partlas hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTIIERN PACIFIC TRANSPORTATION
COMPANY, �
By e?
Title) Assis'.�::; 13 '-,7:L
Attest:
Assistant Secretary
CITY OF DUBLIN,
By
Mayor
By
Clerk
-5-
COUNTERSIGNED
E. L. JOHNSON
i re t Iler
Xorn1 ApPiO`ccl. A Pp, (]
B _. .._._._ _.� Form O f I;::ec�tion PP
-23- y - a
,,►•:i,. D. M. Mohan
Attachcc'. 210't
�;'Lioa DEG 19 198:
Apprj vcd for ?::,incering Details, per Drawi::g
,. (Dated) (Revd .gE )k1619. 23
Corp^:•atc C-i;ncr ( ) Southern Pacific Transportation Co.
( ) Nort:^hcs tern Pacific Railroad Co.
( ) St. Louis Southwestern Ry. Co .
�u�Valur i Engineer Descripticn Correct.
f
l
i.
Route Symbol 80 Station DOUG14ERT Y LEGEND PIPE CROSSING DATA SHEET F/LE 201069
Southern Pacific Transportation Co. property line NOV 2 / 83
c� /3c6 + 6l v 6z. 94. - - P P P Y �� 9
E.S..r: /L 88 + sR M.P. M 62.s9 -wAwAw wAwr Proposed facility
0 Underground utility marker
i
Applicant C1TY OF DUBLIN /ALAN SCALE /"= 40v'
• Address 65-00 DUBLIN $LV8
City VU 8L /A/ State CA Zip 94566
Facility 0 42-':, P C P purpose STORM SEWERS �; •. �o
(D ¢8 R G P
Underground signal line involved ? Yes D Nom
,.: CE \ ' NOTE
Materials and installation as per 'P.ROPOSEDwTwo P/P6'FACIL17'/ES To \ 1
k CS 7¢1 MAINTAIN;Z FT. M/N.: CL£ARAMCE
Is Pipe Under Pressure NO - GRAVITY t�v; BELCW S..P, .'PIP£L1N£:
Distance From Bottom Of Tie To Top Of Casing �. ' • :{ " ''' ' '``;' ' l.b?`i
r'. If Less Than : �–O", Why? G) 4-z (� 4-�
�? If Pipe Carries Flammable Substances And Has Casing,
t -ocation Of Vents N�A
RCP'
both ` X-lNG#.Z
Carrier Pipes y -� •t
Materials yROPOSEiJ 48"RGP. JN:66"cAS�
Ac
Casing STEEL ( bofh� '�
' Carrier Pipe @ 4z" QQ 48�� 10.. S. P. Pipe-Line .� .
t.: Diameter Casing O 60" Q GG" :' , °�`_--'�'r'..:–
Smooth Steel " ( In.)
Pipe Wall Thickness —
Corrigated Metal — (Gage) #
(Of casing if used othewise carrier pipe ) IN `� PROPOSED 4Z"RCP IN 60" CAS'G- "
Carrier Pipes /5-0 bojh) Es 1306+6 1
Pipe Length Casing Go' ( bvth) l� 1 ~ f -
SO 100,
If Pipe Is Reinforced Conc., A.STM. Class '�,,��-- ,•,.r , _
: Designation C L A 5 5 6 t'h If Pipe Is Cast Iron,A.WW.A. Class NA 4- sP 0 4•z, ;PFL
D2Y BORE JACK .io
Furnish Sketch: '° .{
6(."D/A. I i t"6o'D/A. „
Plan,Cross Section and Description of Track or Tracks �t8 RcF yi RCP
i
under which Proposed Pipe-is to be placed together
with all necessary dimensions
Reference to assigned blanket agreement No, 66 X-ING .�- I X-ING '� I
T P l ES
LODK/NG �YD�Z N �a SCALE R OF L LvoK//✓G N0 r//—/VO SfALE
.Noire Track C S•
yo/,-: for pipe /roes Carrying t "`�"r
or Siding Soy; 174 I
!fame ob/e subs/onces ��d '
sue C S /742 Subyrade r - Di/ch �/o THfclrNES•ST0E-PIPE CASINGS
CASINGS
. •
o� •` '�' � Bo//om Of Oilch or FOR SUPPORT/,VG TRACK
v= a� Ending 6rounCLine /nSIF Corra�+ale Sm00//J
r �, LV•v'meler /Con Pipe .51ee/Pipe
!�2 of 3'-0"Min.tfno casing u.S Slo 1/in.Thictr.
a Inches
Carrier Pipe -Casing PipC r— Seo/ (See Cos/rig Note No 71 Gage No. /rJCheS
4 /o /0 14 B
�' — -- Pipe Line 12 14
Carrier Pipe / 15, 18 14
i Dui not less Mon AT-0 3U, 36 /0
PIPE m/ EuDAIII(IfE/VT (See Gcnew/ m-'/c 2) PIPE IN CUT
TABLE d
RULES DOVER'✓/N6 THE/NSTALLAT/ON OF P IPE LINES TRANSM 1TT1116 2 Meta/ casing /or supporting track sho/l conform /o thicknesses CONCRETE ENC4SEmENT
WATER OR OTHER h'ON-FLA,c/MABLE SUBSTANCES WHEN CROSS/N6 shown in Tabk- I and shall hove jomis of eithersaew.welded or five/ed
U/✓DER TRACKS type. // shall be goAonlred or sho// be dipped in preservative mo/eM71 FOR PIPES
and Moroughy coated inside and ou/slde. it preservo/,re material cannot N/rmDer of
l A be used on inside at casing, /hen the cosmg shall be of /earl one gage d A Lortgiludirlal
1 O�slcnce H from bcrto-n Of tie to top of pipe, casing or concrete encasement sad// or,-� 'thicker Ilion dAerw�se repuired.
not be less than 3-0" (See exception in General Note 3/ J. Concrete casing for supporting track sho//have The strength specified /aches (Itches fr2"e Bdrs
2 any pipe fries crossing any hock do not require o cos�ng provided the carrier /n Curren/ ATSM Seriol Designation C-76,Coss/V. All joints shall be water- 10, 12 4 4
p pe Is at su(lic,ent slreng/h to support The track and has watertight faints.Fa- such /ig4. and o/de diameter type of cons/rue/ion. 15 d
pipe lines, cos ng lighter than specified/n table I for supporting /rack may be 4 The inside diameter o/casing sAO// be o/ leas/2 inches greater Ilion the
used /or ,nslathrg pipe,provided the space between carrier pipe and casing is /or est outside diameter of carrier pipe., ✓8 S B
bock/�//e� wr/h grout or Bond 5. Sires o/ cos�ng larger than shown to Tob/e I ore special cases and will 21.24,27 6 B
I/ carrier pipe does rat hove sulfiuent s/length to support track,casing or be decided upon /heir meri/s
concrete encasement must be installed Len /A of cos/rig measured a/ right angles 6. Cos.ng sho// be so tnstol/ed as ro prevent /ormolton o/ waterway under 30 7 >'2
to /ruck shot/ extend each side o/center line at Iracx five /eel plus the verllcdl the railway. 11 sholl have even beonng M oughoul tls length and shall slope 33 B 12 • '
ds/once from bo//cm o/ Ise to /cp o/ casing or encasement but not less /bon ter /award one end 36 9 12
feet,except Ina/where cosIng is installed through rat/rood embonkmerl it sho// 7 Regardless of the strength of carrier pipe, cosings must be provided
extend beyond slope of embankment of a//locos oP3 where pipe crosses under drainage ditches d cover is less
3 When prcc Coble,casings and carrier pipes may be installed by the locking Cr Ilion Y-0' Cos�ng under d1tch may be separate from, or o cons nuotion A %z'e Stirrups A
t
boring me/hods. if these me/hods ore used The minimum depth from bottom of casing under /rack, and must extend a minimum of /'-O r beyond top 2'0 C. 'c.
of ore to /op ct p pe or bore must be Y-O"of one pipe dome/e,whichever shoulders on each s/de of the ditch. _
is greater; however, where there Is good cohesive soil the depth may 9. When placed in open cut, pipe /fines Roving diameter of 36"or
be less than one pipe diameter, but not less than 3'-0, with less, when crossing Irocks other Ikon main (rocks and sidings, may
spec;cl permission of the Chef Engineer. It installed by /unnehng be encosed to concrete as shown /n Table 17.
or boring, the space around casing or carrier pipe must be bockfi/led 9 Where The ends of The casing are below ground, they sho// be 1
with grout or sand. sealed to sui/ably protect against The entrance of foreign material
4.No pipe lines sho// be laid through or under bridges or culverts, which might prevent ready removal of Me carrier pipe
where /here ms b.ehhood of restricting Me area required for the Where the ends of the casing are of or oboe ground surface • � d
purpose for which the bridges or cu/rer/s were built, or endongering and above high water level, they may be /e// open, provided drainage I I '
is afforded to such o manner that leokcge will be conducted
/oundo/ions of torpor/on/ structures
S. If additional /forks ore constructed In the /u/ure,The protection owvy from Me roadbed and structures
° /
_ shall be correspondingly extended. Z y
6. Inverted siphons for drainage or irrigation ditches (C.S.17051
using steel pipe with welded or screwed joints or currugaled Iron �- ,
r
pipe with a// seams and pmts close rivefedond so/der.d having o V
diameter o/ 48 inches ar less and Me required stfength to support CARRIER P IPE
/rock, may be installed without a cosing. I. Carrier pipe shall be of on approved type with woler-light SOUTHERN PACIFIC LINES
CASING joints. COMMON STANDARD
• I. Cosrng moy be of either corfuga/ed iron smooth steel or cone/e. 2 Corruga ted iron, smoo/A stet/ or concrete carrier ape
shall hore sufficient strength to support frock,except that a whe- used wIlhout o cos/ng shot/ hove the some strength PIPE LINES
/igA/er casing moy be used for InsJd//olton purposes as provided reojirreabore for casings.
�i Genera/ Rule 2 above. 3 Cast iron corrier pipe used wth5oul a casing sho// hove a FOR NON-FLAMMABLE SUBSTANCES
Nes/ob/e (knocked down) type plain go/ronired corrago/ea pipe Ihtckness not less than that specified forCloss /SO Cost Iron CROSSING UNDER TRACK
of gage corresponding to requirements of Table i may be P/Pe
• used To protect carrier pipes /ha/ are o/reody in place. tr0 5C/�t_E • ADOPTED APR. 20,1970
REVISED JAN. 5, 1970 .
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
-----------------------------------
SUBDIVISION 4719 - EASEMENT INDENTURE OVER
SOUTHERN PACIFIC RIGHT-OF-WAY
WHEREAS, as part of the drainage improvements of Tract 4719 , two
storm drain lines are to be constructed across the Southern Pacific right-
of-way as those pipes carry subdivision storm runoff. across the railroad
tracks ; and
WHEREAS, the developer will be installing these improvements and
when accepted by the City of Dublin, will become the maintenance respon-
sibility of the City; and
WHEREAS, the developer will be required to provide all costs of
obtaining the easement indenture to construct and maintain the pipes .
NOW, THEREFORE, BE IT RESOLVED that it is approved and the Mayor
is hereby authorized to sign this indenture for the City of Dublin.
PASSES, APPROVED AND ADOPTED this day of , 1984 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk