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HomeMy WebLinkAboutContracts & Agreements_32-1981APPLICATIONS AND PETITIONS (Continued) Then a motion by Councilman Gorman, seconded by Mayor DeMirjyn to uphold the appeal also failed by the following vote: AYES: Councilmember Gorman; Mayor DeMirjyn NOES: Councilmembers Riordan and Roth ABSENT: Councilmember Martinez Appeal Home Occupation Permit No. 260 Balloon Lady Youth Camps of America COMMUNICATIONS CITY MANAGER City Attorney Holmes then stated that the appeal was not successful, hence the Planning Commission action stands. Council denied the request to solicit funds as an on- going, year-round program for Youth Camps of America, Rancho Palos Verdes, on motion of Councilman Riordan, seconded by Councilman Roth by AYE votes of all present. On motion of Councilman Riordan, seconded by Councilman Gorman, the staff was requested to prepare a Resolution to the Postal Department, Regional District Manager, requesting continuation of service at the beautifully refurbished, centrally located Post Office and recom- mend location of a distribution office elsewhere. Mayor DeMirjyn leaves the Council Chambers at this time. Discussion on Mobile Home Park will be found at the end of City Manager section. Agreement On motion of Councilman Riordan, seconded by Councilman Southern Roth, Council approved an agreement with Southern Paci- Pacific fic Transportation Company for watermain installation Transportation for a 12 inch watermain under tracks at Alabama Street Company and Citrus Avenue. The annual audit for fiscal year 1980-81 was accepted by Council on motion of Councilman Riordan, seconded by Councilman Roth, and the auditors were authorized to go over the budget with Councilmember Riordan and other interested parties including the press. Audit Bid Call Community Center The San Bernardino County Office of Community Develop- ment has authorized the City to issue an invitation to bid for the Phase II construction of the Community Center. On motion of Councilman Riordan, seconded by Councilman Roth, this matter was tabled to the November 3, 1981 meeting. Page four. - October 20, 1981 RE(+ORDING REQUESTED BY {RAF/nb - VI - 9/17/81i Name Street Address City State Zip AND WHEN RECORDED MAIL To SPACE ABOVE THIS LINE FOR RECORDER'S USE RELMIS: BP-546.32-X(N) THIS INDENTURE, made this 0,3 day of , 1981, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Railroad," and CITY OF REDLANDS, a municipal corporation of the State of California, address: 30 Cajon Street, P. O. Box 280, Redlands, California 92373, herein termed "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, recon- struct, maintain and operate a twelve (12) inch water pipeline within a twenty-four (24) inch casing, hereinafter collectively referred to as "structure," in, upon, along, across and beneath the property and tracks of Railroad, at or near Motor Junction (Redlands), in the County of San Bernardino, State of California, crossing the center line of said tracks at Engineer's Station 94+83, Mile Post 546.32, in the location shown on the print of Railroad's Los Angeles Division Drawing LADE-02, Sheet No. 1, dated August 3, 1981, attached and made a part hereof. Said structure shall be installed in accordance with minimum require- ments of Form C. S. 1741, also attached and made a part hereof. -1- Form C-1 14 March, 1980 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 +::r_or and continuing right and obligation of Railroad-, its successorsand 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 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 a..... 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 construct- ing, 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 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 re- moval of such falsework and other protection beneath or along Railroad'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 location of said structure or otherwise improve said structure upon receipt of written notice from Railroad so to do. Form C-1 V March, 1980 8. In the event of leakage or spillage from said structure or any vehicle in the control or custody of Grantee or any contractor for Grantee, Grantee shall, at its own expense, promptly clean Rail- road's premises to the satisfaction of Railroad, 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 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 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' writ- ten notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's author- ized representative by phone. 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 prop- erty 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 expense to Railroad, a reliable surety bond in an amount and in a form satis- factory 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 property under the control or custody of Grantee while upon or near the property of Rail- road incident to the construction, reconstruction or maintenance of said structure, caused by or contributed to in any way by the construction, operation, maintenance or presence of Railroad's line of railroad at the above -mentioned location. -3- Form C-i March., 1980 Insofar as it lawfully may, Grantee agrees to release and indem- nify Railroad, its officers, employees, agents, successors and assigns, from all clAAm , 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 affil- iated 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. 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 continuous 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 herein - above 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, Gran- tee, 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 res- toration 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. SOUTHERN PACIFIC TRANSPORTATION Assistant Secretary STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO> ON THIS Zi 31 DAY OF IN THE YEAR ONE THOUSAND NINE HUNDRED AND EIGHTY-ONE, BEFORE M CHRISTOPHER M. LUNDIN (ONE MARKET PLAZA), A NOTARY PUBLIC IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED A. C. DAVIS KNOWN TO ME TO BE THE ASSISTANT MANAGER, CONTRACT DEPARTMENT, OF THE CORPORATION DESCRIBED IN AND THAT EXECUTED THE WITHIN INSTRUMENT, AND ALSO KNOWN TO ME TO BE THE PERSON WHO EXECUTED IT ON BEHALF OF THE CORPORATION THEREIN NAMED AND HE ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. CHRISTOPHER M. LUNDIN NOTARY PUBLIC-CALIFORNIA PRINCIPAL PLACE OF BUSINESS IN CITY AND COUNTY OF r\ SAN FRANCISCO My Commission Expires April 8, 1983 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL AT MY OFFICE IN THE CITY AND COUNTY OF SAN FRANCISCO, THE DAY AND YEAR IN ,3'HIS CERTIFICATE FIRST ABOVE WRITTEN. NOTARY PU'BLI(ti IN AND F4IR THE CITY AND COUNTY OF SAN FRANCISCO, STAT OF CALIFORNIA S&L 4, 4 Pipe —casing 9,9 1 932229 iL 4E2 9243E9 94I 1.3 Materials: Casing: 'STEEL . TO LON ANSE9942 Carrier Pipe A -C• 2 4 " -7. :Diameter: Casing carrier Pipe -8, Poe wall thickness (of casing if used , otherwise carrier pipe) LINE REDLANDS BRANCH ES 94t83 APPLICANT ADDRESS CITY REDLANCIIS FACILITY 2" PURPOSE WA- R E Materials and installation as per CE CS 1741 Underground Signal Line involved- Yes [7:1 Not:3 ts pipe under are ssure_ YES 4. Distance from bottom of tie to top of casing is 3 if less no 31-0" , why 5.1f pipe carries flamabie substances and has casing number and location of vents p LY N e _M1 11 378" Smooth steel ( in.): Corr. metal( gage) NI A t Pipe length: Carrier pipe, _ so` casinq;a4 0 if pipe is reinforced concrete - Class desianation _NI A !if, If pipe is cast iron 'N.,. W.. A, C oss 2.Furnish sketch: Plan., cross section and description of track or tracks under WhgCh proposed pipe is to oe placed together with all necessary dimensions: 5.55555541.0,5555 ,4 C g t9„,,g '9NENT BE:9134 LgE. 24 I i STEEL CASING THICK ric OPEN C4L'ENGN t CflFLLF4,4is***Nr. Ntst4t Main 5440.44 *Los 444,4**ONY, CGSE.orsicy. - g:AZE RAWN Y ROUTE Ka ATE RETo TO E.S. 94 t 83 LOS ANGELES NINSSiON lYSHECKE0 Er- VAL SEC, L StfEET S. 4 DRAV"G N°' LADE-02 HEET NO: F DEAWE LEGEND -- Sou: Pac„ ProI ines —red—Proposed Olt round Marker Note _ For pipe //nes carrying flair/noble substances sec CS /742 • Carrier Pipe SubQrade Main Track er Siding Sti Pipe Line Ditch Casing Pipe r- Seo/ {Bottom of Ditch or Er/sting ocro rid Line 3 -0"Min. if no casing (See Casing Note No71 L Carrier Pipe I H P/PE IN EMBANKMENT But not less Ihon A7-0 (See Genera/ Rule 2) PIPE /N CUT RULES GOVERN/N.r, THE /NSTAL L AT/ON OF PIPE LINES TRANSMITTING WATER OR OTHER NON-FLAMMABLE SUBSTANCES »WEN CROSSING UNOER TRACKS EEAlTRAL I Distance H lrjm bclryr of he /o lop of pipe, casing or concie a encasement snot/ not be less trap 3 -0' (See exceptcr ,n Genera/ Afore 3 ) 2 Any pipe fines crossing on/ !rock do not require a cosnq provided me currier pipe is of sufficient strength to support the Crock cod hos watertight joints For such pipe lines, casing lighter than specified rn table I for supporting track may be used for costa/ring J'.oe, provided /Pe sauce between corner pipe and casing it- baaifilled both grout or scrd If corner pipe does not hove sufficient strength to support (rock, casing or concrete encasement must be installed Length of casing measured at right angles 10 frock shall extent' each side of center 5ne cf front fire feet plus the vertical d s/once from bottom of he to t' of casing or encasement tut not less Man ten feel, except t,>or where casing is instal lee through railroad embankmeii rt shall extend beyond s/^pe cf embonkme,•1 3 When proclicoble, casings ono carrier pipes may be installed by the lacking or boring methods If these methods ore used /he minimum depth from bottom a1 he 10 top of pee or bore must be 3-0 or one pipe dometer, whichever is greater; however, where !here is good cohesive soil the cpp/h may less than one pipe diameter, but not less than 3-0', with specs/ permission of The Chief Engineer If installed by tumeling or boring, the space wound casing or carrier pipe must be bockfil/ed with grout or sand 4. No pipe Imes shall be laid through or under bridges or culver ts, where there is like%hood of restricting the area required for the purpose for which the bridges or culver is were but/1, or endangering foundations of important structures 5 If additional tracks are constructed in the future, the protection sha//be correspondingly extended. 6. /nverled siphons far drainage or irrigotion ditches (C. S. /705) using sleet ,pipe with welded or screwed joints or corrugated woo pipe with al/ seams and joints close riveted and soldered boring o diameter of 48 inches or less and the required strength 10 syoporl track, may be installed without a casing. CASING 1 Casing may be of either corrugated iron smooth sleet or concrete. /1 shall hove sufficient strength to support frock, except Mot 0 lighter casing may be used for installation purposes os provided nit Generol Rule 2 above Nestab/e (knocked down/ type plain go/vontied corrugated pipe of gage corresponding /o requirements of Toble / may De used to protect carrier pipes that ore already in place. 2 Metal casing for supporting track shall conform to thicknesses shown in Table I and shall have joints of either screw, welded A riveted type It shall be galronired or shall be dipped in preservative material and lhoroughy coated inside and outside. If preservative material cannot be used o7 inside of casing, then the casing shall be al least one gage or 4 thicker than otherwise rearmed. 3 Concrete casing for supporting frock shot/ love (he strength specified in. current ATSM Serio/ Designation C-76, Closs /V. All joints shall be water- tight and of on approved type o/ construction. 4 The inside diameter of casing shall be al least 2 inches greater than the largest outside diameter of carrier pipe 3 Sues of casing larger loan shown in Table I ore special cases and will be decided upon their ments 6 Casing shall be so installed as to prevent formation of waterway under the railway It shot/ hove even bearing throughout its rengih ono shot/ slope toward one end 7 Regardless of the strength of carrier pipe, casings must be provided of all Loco/ids rnere pipe crosses under drainage ditches if corer is less than 3'-0" Casing under ditch may be separate from, or a continuation Of casing under track, and must extend o minimum of 1-0 beyond beyond top shoulders on each side of /tie ditch 8. When placed in open cut, pipe /Ines boring diameter of 36" or less, when crossing trocks other than main Docks and sidings, may be encased in concrete as shown in Table H. 9 Where the ends of the casing ore below ground, they shall be seated to suitably protect against the entrance of foreign material which might prevent ready removal of the corner pipe Where the ends of the casing are at or above ground surface and above high water level, they may be left open, provided drainage is afforded in such o manner lhol leakage will be conducted away from the roadbed and structures CARRIER PIPE 1 Carrier pipe shall be of en approved type with water -tight joints. 2. Corrugated' iron, smooth steel or concrete currier pipe when used *Whoa/ a casing shall hove the some strength required above for casings. 3 Cast iron carrier pipe used wibloul a cos»g shall Aare a thickness not less than !hot specified forC/ass /50 Cosi iron Pipe C.S. 1741 TABLE I TH/CXNESS OF P/PE CASINGS FOR SUPPORT/NG TRACK Inside Diameter Ccrrupvled Dom Pipe Smooth Steel , ram Inches US Std. Gape No. MinThicknes5 inches 4 to /0 /4 38 /2 14 ;Is /5, 18 /4 `s 21,24 /2 34 30,36 10 ;if 48,54,60 8 TABLE 1I CONCRETE ENCASEMENT FOR PIPES d inches A !Itches Number of Lonpitudina/ f/2'e Bars /, /2 4 4 15 f8 5 4 B . . 2424,27 5 8 30 7 Y2 33 8 /2 36 9 ' /2 SOUTHERN PACIFIC LINES COMMON STANDARD PiPE LINES FOR NON-FLAMMABLE SUBSTANCES CROSSING UNDER TRACK MO SCALE ADOPTED APR 20. r153 REVISED JAN 5. /00 Approved: 10/20/81` AGREEMENT SOUTHERN PACIFIC TRANSPORTATION CO. Watermain installation for 12-inch watermain under tracks at Alabama Street and Citrus Avenue