HomeMy WebLinkAboutRES 032619-N - Agmt GT Railroad ROWRESOLUTION NO. 03Z6/9 - A/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, APPROVING A LICENSE
AGREEMENT WITH GEORGETOWN RAILROAD TO
ALLOW THE CROSSING OF RAILROAD RIGHT OF
WAY WITH CITY UTILITY LINES.
WHEREAS, Lennar Homes of Texas Land and Construction, Ltd. (Lennar), is in the process
of developing several tracts of land out of the Antonio Flores Survey, Abstract No. 235, said
tracts being portions of the properties described in Document Nos. 2016081171 and
2016083119 of the Official Public Records of Williamson County, Texas, located west of NE
Inner Loop and south of the Katy Crossing neighborhood (the Stillwater Development);
WHEREAS, the Stillwater Development will require access to City of Georgetown
wastewater utilities (the Utilities). The City of Georgetown (the City) is requiring that the
Stillwater Development obtain access to the Utilities through existing infrastructure north of
the Stillwater Development;
WHEREAS, such a connection will require crossing Georgetown Railroad (GRR)
right-of-way at a point shown in the attached Exhibit "A";
WHEREAS, GRR has agreed to license such a crossing for wastewater on the terms and
in a form substantially similar to the document attached hereto as Exhibit "B"; and
WHEREAS, it is hereby declared that the City of Georgetown finds it to be in the best
interest of the public to accept this Pipe Line License, in order to construct and maintain the
necessary infrastructure for the Utilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS:
SECTION 1. The facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council further finds that the
adoption of this Resolution is not inconsistent or in conflict with any other 2030 Comprehensive
Plan Policies.
SECTION 2. The Mayor is hereby authorized to execute this Resolution, the Pipe Line
License, and other related documents as may be necessary, and the City Secretary is authorized
to attest thereto on behalf of the City of Georgetown.
SECTION 3. This Resolution shall be effective immediately upon adoption.
Resolution No. b 324- M -4
Description: Stillwater License, N-55
Date Approved: 03 ZfP / 9
Page 1 of 2
RESOLVED Ili] s day of , 2019.
CITY OF GEORGETOWN
By:
Dale Ross, Mayor
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No.
Description: Stillwater License, N-55
Date Approved:
ATTEST:
RSecretary
=7uru�"
,sec
Page 2 of 2
EXHIBIT A
GRR LICENSE LOCATION
1R � ` � � S � � _ Y[L•H iY [7IIH fiL• if Ci(Iff f f[.
• .. z�}"r ' , pFCAi�R8RANChf RT,`1 Mn'u - HOME R
- `�:;r'� i ti ' tom: s' i - • � � ~ " s+ 4 r-
41110- OLI.,.
If
.L'� K r/rCarvs Mu �a.
3/15/2019, 4:38:44 PM 1:9,028
0 0.05 0.1 0.2 mi
General Subdivisions Pressurized Mains
0 0.1 0.2 0.4 km
El Parcels Reuse Line
Gravity Mains Source: Esri, DigilalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Web AppBuilder for ArcGIS
GRR LICENSE LOCATION
3/15/2019, 4:35:24 PM
General Subdivisions
r;
._I Parcels
Gravity Mains
Pressurized Mains
Reuse Line
IN Wastewater Control Valves
Manholes
GEORGETOWN UTILITY SYSTEMS
PARKSIDE MUD
Wastewater Network Structures
1:2,257
0 0.01 0.03 0.06 mi
0 0.03 0.05 0.1 km
Source: Esh, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Wastewater Clean Outs
Web AppBuilder for ArcGIS
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EXHIBIT B
PIPE LINE LICENSE
GRR FILE: E-250.9904
THIS AGREEMENT, made this 1st day of April 2019, by and between GEORGETOWN
RAILROAD COMPANY, INC., a Texas corporation (Licensor), and CITY OF GEORGETOWN, a
municipal corporation (Licensee), address: P. 0. Box 409, Georgetown, Texas 78627-0409.
WITNESSETH:
1. Grant of Rights: Licensor hereby grants to Licensee the right to construct, reconstruct,
maintain and operate, subject to the terms of this agreement, a single 18 inch diameter waste water line
contained within a 30" diameter steel casing pipe (herein called structure), to be located at approximately
We Post 921.58 (ICC Chaining Station 716+77) on the Georgetown Railroad Granger Branch Line
Track, City of Georgetown, County of Williamson, State of Texas, as shown on the attached print
marked Exhibit "A".
This grant is subject and subordinate to the prior and continuing right of Licensor, its successors
and assigns, to use all of its property in the conduct of its business, Licensor reserving full rights,
consistent with the rights herein granted, to construct, reconstruct, maintain and operate existing and
additional transportation, communication, pipeline and power facilities upon, over and beneath its
premises. The Licensor makes no covenant or warranty of title for quiet possession or against
encumbrances on its premises.
2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and
constantly maintained by Licensee at Licensor's property lines or such locations as Licensor shall
designate and shall be relocated or removed by Licensee upon request of Licensor. The absence of
markers does not constitute a warranty by Licensor that there are no subsurface installations.
3. Costs: Licensee shall bear the entire cost of constructing, reconstructing, maintaining and
operating said structure on Licensor's premises, and will not allow any mechanics' or materialmen's liens
to be enforced against Licensor's premises by reason of any such work. Licensee shall reimburse
Licensor for all costs and expense to Licensor in furnishing any materials or performing any labor in
connection with such work, including but not limited to finishing such watchmen, flagmen and
inspectors as Licensor deems necessary.
4. Construction and Maintenance: Said structure shall be constructed, reconstructed and
maintained in accordance with plans approved by Licensor. Approval by Licensor shall not constitute a
warranty by Licensor that such plans conform with federal, state and/or local codes and regulations
applicable thereto. All work upon or in connection with said structure shall be done to Licensor's
satisfaction at such times and in such manner as not to interfere with Licensor's operations. In the
construction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in
a neat and safe condition, failing which Licensor may do so at Licensee's expense. If required by
Licensor in its use of Licensor's premises, Licensee shall construct, relocate or alter said structure.
Except in emergencies, Licensee shall give Licensor five (5) days' written notice of the day and hour it
proposes to do any work on said structure. Licensee shall be responsible to Licensor for all work on or
in connection with said structure, unless performed by an independent contractor who shall have
Licensor's written permission before entering upon Licensor's premises, should Licensor deem the same
necessary.
Licensee shall cooperate with Licensor in making any tests it requires of any installation or
condition which in its judgment may have adverse effect on any of the facilities of Licensor. All costs
incurred by the tests, or any corrections thereafter, shall be born by Licensee.
In the event of leakage or spillage from said structure, Licensee shall , at its own expense,
promptly clean Licensor's premises to the satisfaction of Licensor, the Environmental Protection Agency
and/or any public body having jurisdiction in the matter. Any expense of required compliance with
federal, state or local environmental regulations incurred by Licensor or Licensee shall be borne by
Licensee, including any fines and judgments levied against Licensor or its property.
S. Indemnification: To the extent allowed by law, Licensee agrees to release and indemnify
Licensor from and against all liability, costs and expense for loss of or damage to property,
including, but not limited to, damage or destruction to any fiber optic cable system, and for injury
to or death of persons (including, but not limited to, the property and employees of each of the
parties hereto) when arising or resulting from:
(a) use of said premise by Licensee, its agents, employees or invitees; or
(b) the construction, reconstruction, maintenance, presence, use or removal of said
structure; or
(c) breach of the contract by Licensee, whether or not caused or contributed to by any act
or omission of any employee of Licensor.
Licensee shall provide to Licensor evidence of insurance coverage as described in Exhibit
B-1 attached and made a part of this agreement.
The term "Licensor", as used in this section, shall include the lessors, successors, assigns
and affiliated companies of Licensor.
6. Termination: This agreement shall terminate:
(a) upon abandonment of said structure or discontinuance of the use thereof, or
(b) upon failure of Licensee to correct any default hereunder promptly after receipt of notice
from Licensor.
Upon termination of this agreement, Licensee shall remove said structure and restore said
premises to Licensor's. satisfaction, failing which Licensor may arrange to do so at Licensee's expense.
7. Non -assignability: This agreement is not assignable, in whole or in part, by Licensee without
Licensor's prior consent, which will not be unreasonably withheld.
8. Consideration: As part consideration for the permission herein given, Licensee shall pay to
Licensor the sum of Twenty-five Hundred Dollars ($2,500.00) for initial handling of the License and One
Hundred Dollars ($100.00) per annum, payable annually in advance. Beginning April 1, 2020 the annual
payment will escalate or de-escalate based on the Consumer Price Index for Urban Wage Earners and
Clerical Workers, using the following formula:
$100.00 x Latest January Index
Annual Payment — Index as of January, 2019
9. Specifications: Said structure shall be installed beneath Licensor's property as indicated on
Exhibit "A", which is attached hereto and made a part hereof. No open pits or trenches are to be used in
the construction or maintenance of said structure on the Licensor's premises. Licensor will not permit
any manholes or above ground appurtenances to be constructed on Licensor's premises.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate the day and year first herein written.
THIS LICENSE CONTAINS INDEMNITY PROVISIONS.
GEORGETOWN RAILROAD COMPANY, INC.
LICENSOR
By
W. B. Snead, President
CITY OF GEORGETOWN
:A
(Print
9119
(Title)
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared W. B. Snead, President, of
Georgetown Railroad Company, Inc. known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purpose and
consideration therein expressed, in the capacity stated, and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _ 2019
Notary Public in and for
Williamson County, Texas
Type/ Print Name of Notary Public
My Commission Expires: _ _
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared
(title) , of the
__ known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed, in the capacity stated, and as the act and deed of said
corporation.
GIVEN UNDER MY HAND AND SEAL OFFICE this the day of
Notary Public in and for
County, Texas
Type/ Print Name of Notary Public
My Commission Expires: _ __
, 2019
PLACE ARROW INDICATING NORTH FORM DR-0404-B
DIRECTION RELATIVE TO CROSSING REV. 10.9-2012
www.uprr.com
Y ENCASED NON-FLAMMABLE
�NTON10 FLORES PIPELINE CROSSING
� "% SURVEY ABS NO.
a�`� 235 NOTE: ALL AVAILABLE OIMEN5[ON5 MUST BE
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
-
_ _ y, Rn•» Raw
'0 2228. i7 3052 4110
% + 5QFT.
Georgetown W 0 - A w I TO Weir
r NEAREsr n. R, k� r7I Ai4t t. or cROssEIA:I
rDWNI #92
1
_G ;�] s _.rt MAIN TRACK .q 1 2 (NEAREST R.R. TOWIII
�r
!
I DISTANCE ALONG TRACK FROM SECTION LINE CROSSING)
--- F I.
[NOTE: THIS DIMENSION RLOUIRED IN Alt CASES.
AT LOCATIONS NOT U5111G 5ECIIBit$. O1S m
TO A LEGAL SURVEY LIIIE 15 REQUIRED)
50 FT. -- -y+ L FT.
RIN- Dist 1
CASING
51f T. Min. !
l
_ r` CASING PIPE
-
GROUND _
SURFACE
i
51F TMIn•SEAL CASING
\ J
CARRIER PIPE --------
57 FT. 4 j•_— 57FT. --
1141T.
1f4FT. ,
(CASING LENGTH WHEN MEASURED ALONG PIPELINL.I
NOTE:
REFER TO AREMA VOLUME 1 PART 5 FOR REQUIREMENT RELATING TO PIPELINE CROSSINGS
FT.
I A)
Bl
D)
C)
El
15 PIPELINE CROSSING WITHIN DEDICATED STREET ?—YES;. NO;
IF YES, NAME OF STREET
DISTRIBUTION LINE OR TRANSMISSION LINE
CARRIER PIPE :
COMMODITY TO OPERATING PRESSU�C�FONNVVE�YED. PSI Wastewater
WALL THICKNESS —;DIAMETER 18 MATERIAL PVC ;
CASING PIPE : Steel
WALL THICKNESS 11 ;DIAMETER 30" ;MATERIAL ;
(EXHIBIT „A"
IFDA RAILROAD USE 04+1
�GEORGETOWN RAILROAD CO.
GRANGERBRANCH
--�
1�' c� tgsw+H —fir
M. F3 C��4� E. 5.�16+ /�
}
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
ENCASED ►kIv ROSS 1 NG AT
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
pp� `` ''
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
LPL-ngA m(Af IWIGL1/rMSE�lI�, ■1C
NINLII elk., 41 ICoutku DIA+e•
IdP GsaRQE7-pAIV
F)
I
I
G)
CARR 1 ER PIPE AND INSIDE OF CASING PIPE.
METHOD OF INSTALLING CASING PIPE UNDER TRACK(S):
X DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
TUNNEL ; OTHER _
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X ES;_NO;
.CTY
AN1 Ica11.
RR FILE NOA -q a9A T E?Ereb:19
W A R N I N G
I H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORI§f�0,�AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK—ZS1_
I)
APPLICANT HAS CONTACTED I-800-336-9193 130• MI I;.
F
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE X DOES DOES NOT ; EXIST IN VICINITY OF
IN ALL OCCASIONS, U. P. COMMINICATION5
DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORN TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
WORK TO BE PERFORMED . TICKET NO.
PHONE : I-600-336-9193
Georgetown Railroad Company, Inc.
INS V ]KALLC REQUIREM N1
Exhibit B-1
Paragraph A. Commercial General Liability insurance providing bodily injury, including death, personal injury and
Property damage coverage with a combined single limit of at least $2,000,000 each occurrence and a general aggregate
limit of at Ieast $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity
provisions contained in this Agreement, Underground Hazard, Broad Form Property Damage, a waiver of governmental
immunity (ISO Form GL 24 14 or equivalent), severability of interest,; and name Raiixoad as an additional insured with
respect to all liabilities arising out of Licensee's obligation to Railroad in the Agreement.
Paragraph B. Automobile Liability Insurance providing bodily injury and property damage with a combined single limit
of at least $2,000,000 each occurrence. This insurance shall provide contractual Iiability by endorsement (ISO Form CA
00 25 or equivalent) covering all motor vehicles including hired and non -owned, mobile equipment to the extent it may be
excluded from general liability insuaance, severability of interests and name Railroad as an additional insured with respect
to all liabilities arising out of Licensee's obligation to Railroad in the Agreement.
Paragraph C. Workers' Compensation insurance covering the statutory liability as determined by the compensation laws
of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000 each
accident/disease/policy limit. Also compliance with atI laws of states which require participation in their state workers'
compensation fund.
Paragraph D. Railroad Protective Liability insurance naming Railroad as insured with a combined single limit of
$2,000,000 per occurrence with a $6,000,000 aggregate. The policy form shall be A.A.R-A.ASHTO with broad form
coverage for "Physical Damage to Property" (ISO Form GL 00 30 or equivalent) or as revised ISO-RIMA (For CG 00 35
or equivalent) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 2831 or
equivalent).
The Licensee and/or its Contractor(s)/Subcontractors) hereby waive their right of subrogation, as respects the above
insurance policy(ies), against Railroad for payments made to or on behalf of employees of Licensee or its agents or its
Contractor(s)/Subcontractors) and for loss of their owned or ]eased property or property under their care, custody
and control while on or near Railroad's right-of-way or other real property. Licensee's and/or its
Contractor's/Subcontractor's insurance small be primary with respect to any insurance carried by Railroad.
Licensee and/or its Contractor(s)/Subcontractor's) shall furnish to Railroad 'certifcate(s) . of insurance
evidencing the required coverage. The insurance company(ies) issuing such policy(ies) shall notify Railroad in
writing of any material adverse alteration, or cancellation thereof at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable to
Railroad or with a current Best's insurance Guide Rating of B and Class Vil or better. Such insurance company
shall be authorized to transact business in the state(s) affected by this Agreement.
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSING
6
FORM DR-0404-B
REV, 10-9-2012
www.uprr.com
ENCASED NON- F]LAMMA ABLE
ANTONIO FLORES PIPELINE CROSSING
A% SURVEY ABS NO.
235 NOTE: ALL AVAILABLE DIMEN51ON5 MIDST BE
`46.Qv NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
"/
2228
Georgetown
ro
I NEAREST A. R. TDWNI
—it, MAIN TRACK
1VL
Q 04
Li
g avel ve
{DE.Cvf$[ YI �I'O' WJul)
V
-
4'rti ti
I DISTANCE.
ALONG TRACK FROM SECTION I INE CROSSING]
\y$,
2ti\�W �•~7
Ff.
3 [NOTE:
1141S DIMENSION RECUIRLD 114 ALL CASES.
AT
LOCATIONS N07 USIIIG 5EC110115. DISTANCE
TO A LEGAL SURVEY LIME 15 REOUIRED)
_
IF q•��
3052
_ F T.
F T, ---
. p • p .
— 50 FT. Q FT. •^------- SOFT.
MIN, DIST 4
51Fr. Min. I
I
CASING PIP[
CARRIER PIPE
/ I I
57 FT. -A{ j, 57FT.
_ 114FT.
1 j4FT. -
(CASING LENGTH WHEN MEASURED ALONG PIPLLINL,)
NOTE:
REFER TO AREMA VOLUME 1 PART 5 FOR REQUIREMENT RELATING TO PPELINE CROSSINGS
RR'S A1W
5Q FT.
Weir
! TO
1 NEAREST R. R. TOWN)
:: Q FT.
V!
i
GROUND
SURFACE
I
I
TMin SEAL CLS INC
\ ® I
I
A)
IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES, X NO;
]EXHIBIT "A"
BI
IF YES, NAME OF STREET
I FOR"fLROAD US[_c(kl%
D)
DISTRIBUTION LINE OR TRANSMISSION LINE _
GEORGETOWN RAILROAD CO.
c,
CARRIER PIPE
Wastewater
To BE CONVEYED
GRANGERBRANCH.
OPERATING PRESSU��y"PS1 11 `/
1 8 PVC
WALL THICKNESS �S]LL—;01 AME1'ER ;MATERIAL ;
waolvlsl6Nl
^�
El
i'� N
CASING PIPE +I Steel
E. S7/16
MR P R2/,s�3 +7
WALL THlCKNESS.�LC�;OIAMETER 3� ;MATERIAL ;
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
ENCASED kj/ k/147 ° ICROSS I NG AT
1
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
&ZpRrEMId1A CG 1,4"-5ZW,
F)
CARRIER PIPE AND INSIDE OF CASING PIPE,
METHOQ OF INSTALLING CASING PIPE UNDER TRACK(S):
X
/1 ,w1,.WIII .. a I(wH+1 r+Au•
L17"Y dF 4;aaRQE7y%I14
DRY BORE AND JACK ( WET BORE NOT PERMITTED) ;
w.It.a1
1
TUNNEL ;OTHER
�/ 7I+� [�
RR FILE NU.� •'� i]A T E9CE4A r `
I GI
WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?_YES;—N0;
HI
DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORI§f�0(',�AND
IN A R N 1 N G
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK --a2lL
I I
APPLICANT HAS CONTACTED 1-800-336-9193 l3o Mn:.)
+
I IEArTDNs
IN ALL OCCA51ONS1 U. P. ACTED
DEPARTMENT MUST BE CONTALIEO IN ADVANCE
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER
OF ANY PORK TO DETERMINE EX15TENCE AND
OPTIC CABLE A DOES ; _DOES NOT ; EXIST IN VICINITY OF
LOCATION OF FIBER OPT IC CABLE.
WORK TO BE PERFORMED . TICKET NO.
PHONE I I-ROD-336-9193