St Louis Southwestern Railroad-CN 1978-05-31
KYLE 8: ASSOCIATES. INC.
t~e&lU
REC; .~ rV~EL)
C,:) .... ~ 2004
v 1.;.,., ,
8035 EAST R. L, THORNTON EXPRESSWAY . SUITE 402
RECORDS CENTER
CITY OF COPPELL
DALLAS. TEXAS 75228
214/328.9171
ROBERT C. KYLE, P.E.. PRESIDENT
DONALD W. JOHNSTON.. P.E., VICE PRESIDENT
LAWRENCE A. CATES, P.E.
July 24, 1978
Mr. James EI ium
City Administrator
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: City of Coppell
C48-1203-03
Dear Sir:
Enclosed herewith is an executed copy of the contract from the St. Louis
Southwestern Ra i Iway Company, for your fi I es .
Very truly yours,
KYLE & ASSOCIATES, INC.
tP4<<V I/Ii!/
Llrence A. Cates, P. E.
LA C;ba
Enc.
__ fll. Pouio, floutkwetdem ~ ~jtany
J. W. BLASINGAME
DIVISION ENGINEER PINE BLUFF, ARKANSAS 71601
July 20, 1978
File: 10063
Mr. Lawrence A. Cates, P.E.
Kyle and Associates
8035 East R. L. Thornton Expressway
Suite #402
Dallas, Texas 75265
Dear Sir:
I have received signed contract and check from City of Coppell,
Texas, as requested in my speed letter to you of June 9, 1978. This
contract covers a proposed 8" sewer line crossing at Mile Post TCC-
608.29-X at Coppe11, Texas.
Both copies of this agreement were returned to me with the check.
I am returning City of Coppe11's counterpart to you. Will you please
deliver this to the city of Coppell Eor their records.
J. W. BlasinLe
Division Engineer
WEH/mrh
Enclos.
RAF - VI - 5/23/78
_~.:IlIm..__~
DEED
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ALSO !\S3~'....r'.n:-~
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RELMIS: TCC-608.29-X(N)
'fHIS INDENTURE, made this 3/:iF day of j'JJ/}V , 1978,
by and between ST. LOUIS SOUTHWESTERN RAILWAY CONPANY OF TEXAS, a
Texas corporation and ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a
Missouri corporation, herein collectively termed "Railroad," and CITY
OF COPPELL, a municipal corporation of the State of Texas, address:
P. O. Box 478, Coppell, Texas 75019, herein termed "Grantee";
WITNESSETH:
1. That Railroad hereby grants to Grantee, subject to the reser-
vations, covenants and conditions herein contained, the right to con-
struct, reconstruct, maintain and operate an 8 inch sanitary sewer
crossing, hereinafter termed "structure," in, upon, along, across and
beneath the property and tracks of Railroad, at or near Coppell, in
the County of Dallas, State of Texas, crossing the center line of said
tracks at Engineer's Station 6794+37, Mile Post 608.29, in the location
shown on the print of Railroad's Drawing 78-8786, dated March 23, 1978,
attached and made a part hereof.
Said structure shall be installed in accordance with minimum
requirements of Form C. S. 1741, also attached and made a part hereof.
*
*
Form C-l
May, 1978
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 cornmon 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 reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and re-
moval of said structure, including, but not limited to, the installa-
tion and removal 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.
8. In the event of leakage or spillage from said structure or
any vehicle in the control or custody of Grantee or any contractor
- 2 -
Form c-l
May, 1978
for Grantee. Grantee shall, at its own expense, promptly clean
Railroad's preQises to the satisfaction of Railroad, the Environmental
Protection 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 struc-
ture 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 co~uencement of any work on
said structure, except emergency repairs, in which event Grantee
shall notify Railroad's authorized representatives by phone. Grantee
agrees to keep said property and said structure in good and safe
condition, free frorn waste, so far as affected by Grantee's opera-
tions, 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 ex-
pense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
11. In the event any work upon or in connection with said struc-
ture or its appurtena~ces, 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 indermifying 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 property
under the control or custody of Grantee while upon or near the property
of Railroad incident to the construction or maintenance of said struc-
ture caused by or contributed to in any way by the construction, oper-
ation, maintenance or presence of Railroad's line of railroad at the
above-mentioned location.
Insofar as it lawfully may, Grantee agrees to indemnify and save
- 3 -
STATE OF CALIFORNIA )
City and County of San Francisco ) SSe
On this / ~ d-ay of ~ in the year One Thousand
Ninc Hundred and Seventy Eigh, e ore me, DG:JALD L. LEZER (One
Market Plaza), a Hotary Public in and for the City anJ County of
San Francisco, State of California, personally appeared L.U. Blake,
known to me to be the Manager, Contract Department, of the corpora'"
tion dcscribcd in and that executed the within instrument, and
also "'lOiolin to me to be the person \~ho executed it on behal f of the
corporation therein named and he acknowledged to me that such
corporation executed the same.
IN IHTZmSS WHEREOF, I have hereunto
set my hand and affixed my official
seal at my office in the City and County
of San Francisco, t.he day and year in
this certificate first above written.
r~-:::<~~~::;;;:>:;:-';;>?_~'7';'~~';';-~%2~
':) Dor~,'\L.D L. LEZEr~ :'.'
~.: r.i'Y.''.)\, f ;CUGc/,ur (ifWli\ c',
P:\:f'!8~p.~11 F~)".C: OF E1.;Si?.~rss ';'. (,'
CiTY A:'D COUNTY OF
St,rJ FIU\NCiSCO
f"j:; Carr.miss:on Exp;rJs J:.Ji1;J 13, 1:)79
A:::::'~~~:-
"
an
.
Form C-;L
May, 1978
I
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.
I
13. Should Grantee, its successors or assigns, at any time
abandon the use of said ~roperty, 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 I
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.
I
ST.. LOUIS SOUT'"flWESTERN RAILWAY
COMPANY OF TEXAS
By ~~
(Titlel~1Iept.
Attest ., [JJj~"ll~
Assistant Secretary
ST. LOUIS SOU'l'HWESTERN RAILWAY COMPi
By ~
(Title-~aclil"pt ~
Attest /l j ~, - (J)~/!l/)/!
Assistant Secretary
CITY
~
r.1ayor
By ALl ;'f ,*AHfL?)
Clerk
By
- 4 -
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"-:"~ ),t 'LCT'::l':~":r
CGUNT."SIQNED
D. L. PRAEOER
Vice Pres. & Controller
___ t? /' /Y.~..
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A. D. Delio:;:;: ~
^ltllcl1eu ::104 COP'lCLL
Stution)
SSW OS; //::; iL; I(
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(
(
(Du ted) (-RQ\I i ~ ert)
78-/i7B~
.3-23-7~
.1
:,
^ p pro v e d for [n gin e e r i n 9 0 eta i 1 s>> per lJ r i1 Iv i n g
Co,. p 0 rut e 01'111 e r
~~
,.,; diu .1 t <.:f
( ) Southern Pacific Transportation (,\.
"
( ) tJ 0 r t h Iv est ern r a c i f i c R ail r 0 a d C (i
( ) San Diego & Arizonu Eastern Rai1\:av
,
(~ sol~.i ~H. ~It. ",,,.. ~'L., '6. .,_ Pltl S
OescrlptlOIl Correct. (
/Iz .e?~~
(
(
~
)
5'-0. + H
But not less than J(J-O
PIPE iN EMBANKMENT (See GMeral Rule 2) PIPE IN CUT
RULES GOVERNING THE INSTALLATION OF PIPE LINES TRANSIl/TTI."IG 2 M~I:JI cosmy for supporllng trock sliall conform to tl:/Cknesses
WATER Ol? OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING s~own ," Table I and snail lIave lomts of etfher screw, weloed or meted
UNOER TRACKS; type It Shall be qa/vontled or sllol I be dIpped tn preservotwe motenol
and tnorouy"ly coated mSlde and ()(J.'slde If preservatIve mateflol cannot
(j[JjffjAJ. be vs..edon tnslde of cosml}, then t.'1e casmg shalf be at leos! one gage
I DIstance H fro,,! bdffm of tie to top of pipe, costng or concrete encwment ShOll or R thIcker tl1cn otherWIse reqwtd
not be less 'han 3 -0 (See exception m General Nole 3 ) 3 Concrete costng for supporting trock sholl hove the strength specifIed
2 Any pIpe Itnes croSstnq any track do not reqwe 0 cosmg prOVIded ne cor"er tn cUffe.,t ATSM Seflol Deslgnotlon C-16, Closs IV, All loints sholl be woler-
pIpe IS of suffIClenl stl-ength 10 supporl Ihe frock and has wOlerltgld P'~'s For s.xll ftg/lf and of on oppro.-ed Iype of conslrucllon.
pIpe Imes, coslnl} Itghfer tllon specIfIed m loble I for supporlml} Iroe/' rr::y ~ 4 The tnslde dlomeler of casing slloll be 01 least 2 inches greater than t/le
used for mSlOllmg pipe, prOVIded llIe space between comer pIpe and C$'''I} IS largest oulslde dlometer of corfler p'pe
bocirftlled Wllh grout or send 5. Slles of cosml} lorger than shown tn Table lore speCial cases and will
If romer pIpe does no' ho~ suf!loent slrength to suppor' Ire:". cas'''; or be deCIded upon ,heff men!s.
concr"'e encosemenl mus' be insto/led l enqlh of COStnlJ meOSure:J ,]' r;r' o~ .;es 6 Cos/nl} s/loll be so /IIstolled os to p~en' formollon of waterway under
'" Ireci< sllOll ex 'end eac.? SIde of center Me of Iro.;/r (we feel ;'Js "7e ~;f'CCI If.e raIlWay It s/lol.' hove e.en beonng Ihrougnout ItS length ana sholl slope
(!iSlonce from boftom of' he to t(JJ of casing or encosemenl bu' no' jess Iten fen toward DIle end
feel, excepf tMI where cosmg IS tns!olled Ihrough raIlroad embonkme:t" 511011 1 Regardless of Ihe strength 01 carrier pipe, cosmgs must be prOVIded
exlend beyend slope of embankment. of all IOCO"()f15 ,,/lere ppe crosses under drotlloqe dItches If c(Wer IS less
3 When prOcllcoble, casings and comer pipes may be tIIstolled by me /CCk!.?; or fIIon J'-O. eOSing unoer dll;h may be separofe from, or a conlllluotlon
boflnl} melhods If l/lese methods ore used the mllllmum depth fr~m /)o",m of cosmg under track, and must extend 0 mInImum of ;'-0. beyond lop
of lie to top of plpt or bore must be 3'- 0" or one pipe dIameter. whichever shoulders on each Side of tlie dllc/J
IS greOler; however, where there IS good coheSive sod the Ol'p/It may 8. Wh!'n placed III open cut, pIpe Itnes IIoVIII:; dlomeler of 36" or
be less ftIon one pipe diameter, but not less Ihon J'-O: wltll less, when crosSing Irocks other Ihon mom tracks and SIdings, may
speCial permISSion of the ChIef Engllleer If IIIslolled b)' funnelmg be encased III concrefe os sllown III ToDle II.
or bOflllfl, the space oround cosmg or comer pIpe musl be bockftlied 9 Where fhe ends of the casIng ore below groufld, tlley shall be
With grout or sand. sealed 10 sullo!)l)' profec' ogoinsl the enfronce of foreign motenol
4 No pIpe Imes sho/I be lara Ihrough or under bru!;es '" (/lllIertS, whlCII mll}/:! prevent ready removal of the comer pIpe
where Ihere 15 Itke!Jllo:;d of r esl"clmg Ihe oreo r eQI/lfed f~.' I/le WfIl're !lie MdS of t,'1e casIng ore of or ODIJVe grOt/nd surface
purpo~e for whIch Il'e cridges or culver IS were blJ/!t, or en~angen'l) ontl o::~y, hlgll waler level, Ihey moy be I,ft open, prOVided drOlllo;e
foundo/Jons of Importort structures is o/forded If1 SliC" 0 manner Ihol leokege WIll b, conducled
5 If adlldlonol /rorks ore COllslrueted m the fulure, Ire orotecllc" away from the roadbed and structures
sholl be correspondlflgly extended,
6. Inve r ted Siphons .'or drolnoge or Ifflgofton dllClles (e 5.17051
uSNtg sleet pIpe ,,,Ill welded or screwed 10Mls or corrugated /foe
pipe With 01/ seams Dnd ~/11IS Close "veled and solderec haying a
dIameter of 48 IfIches or less and IlIe reqUired st,en9th 10 supp,,"
track, moy be inslolled wlthoul a cosmg.
CASINL
/. CoslfIg (10)' be of ell/,er (o"lIgal,d In", smoD/h slee: ar conere/e.
It sholl hay, suffICIent slr.n9'" 1(1 slIpport 'roci, except /tot a
Itglller cosing mol' be used for Mstol/otlon purposes (/$ orOYldell
fII General Rule 2 above
Nestl1Dle (lmocked dow,,) type plain galvanIzed cOIr/Jgoted prpe
of go~e correspondIng 10 reqUlremenls of Tr1ble i mo)' De
used It) proteel carner pipes fhot ore olread)' t.? (lloce
Note: For pipe lines corr!liilg
flammable subslo/lces
.s~~ C S 1142
{Cti;::er Pipe
Lj /"
I
Pipe Line
1.50
12'-0.
A-f,yifl Track
or Siding
'. r.
(t3Ge /I
SIl "
uf\d , ,I'
GrO ; ~ '
, rBottom olOitch or
bislin~ tirovnd Lin~
. .. &..
~
~~
~I
'\ .-\1. \\ ~ '.\ ''\ '\ z
Cosing Pip~,.- Seal
)14
.1
Cor"" Pipe -"
CARRIER PIPE
I. Corrier pIp' sIIolI bl
joints.
2. Corrugoled lron, smooth sflel 0' concrete CD""r pipe
when IIsed rYllhcuf 0 COSI'l9 shml hoye the saffle slrength
r,qutrtd obere for COSlll9S
3 Cost /fan c~rrier pIpe uStJd w;f//(lIIt D CO$"" sIIDII hay, 0
Ihickness nof less than Ihol speCllled fer Closs 150 Cosl Iron
p'Pe .
of an approved I~p' With waf" -light
C.S.
1741
TABLE I
THICXNES$ OF PIPE CASINGS
FO!? SUPPORTING T/fACK
inSide Corrvgtile. Smoot/J
Diame~r Iron Pipe Steel Pipe
inches u. S. Std. 4/11. Thicka
Gage Na. Inches
14 f1J
14 ~6
14 1'.
12 ~.
10 ~6
B
410 10
12
t5,I8
21,24
JQ 36
48,54, (0
TABLE ff
CONCRETE ENCASE~ENT
FOR PIPES
NumlJ~r "t
d A l.:Jl?gllvdmt!J1
Inches /PcMS 1",2., 8ars
10,12 4 4
Ie 4
J
',I; 5 8
I.
21,2~,27 6 8
~.~ 7 f2
J.
.3.3 8 /2
.J6 9 12
,4 r ~2" stirrups
i Z'-O'c. ~ €
.r~":'~-=-~.
I . ~. ~ .. .. .. :'- I'
"I " ... "\ .
i'~' ,: l~ '1
1.1 ' . ,I; I
I' ~ d ~.
,'1 . \ I J;J.c~,yr
I~ I: . ~~ ~ r~pV~/al
L_~___...J I
." ;,,: ~ I
SOUTHERN PACIFIC LINES
COMMON STANDARD
PIPE LINES
FOR NON-FLAMMABLE SiJ BSTANCES
CROSSING UNDER TRACK
NOSGALE
ADOPTEe '~R 20,~53
REVISEC ,':", 5.1;;10
/ - /
/ /
/ /
/
-4- 70 Fort Worth
/ /
/ 51
/ II
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{~/
/ ~/!
II ~
" t...J/
/ ~l() ~
c /
~ "c u f3r.-.
80' Conduit
Project MarkerJ;
0\
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QI
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c:
III
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CO
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NOTE: North End
Open Cut to be Minimum o~
30 Feet from Center Line
ot Track at Right Angle.
NOTE: South End
Open Cut to be Minimum o~
50 Feet from Center Line
ot Track at Right Angle.
:r- Pro jec t Mar ke r
]~ ~~fJ~rer Plpelln~_Co~
50'
t
t
.__ ~':E'r~an ~lbe~IJlf.!fO~t't=e Co.
70 Mt Pleasant ___
ST. LOOIS SOO'l'HWESTERN RAILWA T COMPANY
COPPELL. TEXAS
Plat ot Licensed Premises at
M.P. "C" 608.29-X
To accompany agreement between
st. Louis Southwestern Railwa7 Company
and
THE CITY OF COPPELL, TEXAS
- PIPE DATA -
Kind ot Pipe - PVC
Size ot Pipe - 8"
Wall Thickness ot Pipe - .322"
Length on Right-ot-Way - 100'
Kind ot Conduit - steel
Size of Conduit - 15"
Wall thickness ot Conduit - .250"
Length o~ Conduit - 80'
Depth below bottom ot tie to top
ot pipe or casing. 18' ::t
Office of Division Engineer
Tyler, Texas
Scale: 1" · 100'
Date: 3-23-78 JWG
Dwg. 78-8786
Case 3 Drawer 1-8
- !.mEND -
~Red · Proposed 8" Sanitary Seer X-iag