Northlake 1nd Park-CN 880606June 20, 1988
Coppell, TX - 8" Wa~et-l-ie~-~ City of Coppell
Mr. AnselmoMontemayor
Nathan D. Maier - Engineers
8800 N. Central Expressway, Suite 300
Dallas, TX 75231
1400 EAST SECOND
Dear Mr. Montemayor:
Attached for your records is SSW Lease No. 10391.
You will need to contact Mr. Art Soto at the following address to arrange
for permission to begin work. This will involve insurance approval and
execution of a Contractors Right of Entry as necessary.
St. Louis Southwestern Railway Co.
1400 East Second
Pine Bluff, AR 71601
(501) 541-1660
., . Very truly yours,
Attachment
RELMIS TCC-607.80-X
THIS AOREEM ENT, made ,bls ~/~' dayof <.~ (..~
by andbctween St. Louis Southwestern Railway Company
acorporation (Licensor). and City of Coppell,
(Licensee), address: 616 Coppell Road
WITNESSETH: Coppell, Texas
a municipal corporation of the State of Texas
I. {~rant of Righls: Licensor hereby grants to Licensee the right to ¢ons~roct, reconstruct, maintain and operate,
subject to the terms o[ this agreemcnt, an eight (8") sanitary sewer encased within a
fourteen (14") steel casing
at or near Coppell
and State of Texas
(herein called "structure").
, County of Dallas
in the location shown on lhe attached print. AED-88-0346 dated 2-1-88
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 ils business, Licensor reserving full rights, consistent wilh 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.
2. Identifying Markers: Markers in form and size satisfactory to Licensor shall be installed and constantly maintained
by Licensee al Licensor's property lines or such locations as Licensor shall designale and shall be relocated or removed by
Licensee upon request of Licensor. The absence of markers docs not constitute a warranty by Licensor that there are no sub-
surface installations.
Three Hundred ($300.00)
3. Cosls: Licensee shall pay Licensor T~t~mxda~lx'l~wez~,xfi~,,~Dollars ($~!~00) partially to defray the cost or
handling.
Licensee shall bear the entire cost of constructing, reconstructing, maintaining and operating said structure on Licensor's
premises. License shall reimburse Licensor for all cost and expense to Licensor in furnishing any materials or performing uny
labor in connection with such work, including, but not limited to, installation of fal~work and other protection benealh or
along Licensor's tracks, and furnishing such watchmen, flagmen and inspeclors as Licensor decms necessary.
4. Construcllon and Maintenance: Said structure shall be constructed, reconslructed and maintained in accordance
with plans approved by Licensor. Approval by Licensor shall not constitute a warranty by Licensor ihat such plans conform
wiIh federal, state and/or local codes and regulations applicable thereto. All ~vork 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 operallons, la thc
const?uction, reconstruction and maintenance of said structure, Licensee shall keep Licensor's premises in a neat and safe con-
dillon, failing which Licensor may do so at Licensee's expense. If required by Licensor in its use of Licensor's premises.
Licensee shall reconstruct, relocate or alter said structure. Except in emergencies, Licensee shall give Licensor I~s'e (5) days'
wrilten uotic¢ of Ihe day and hour it proposes to do any work on said structure.
Licensee shall cooperate with Licensor in making an)' tests it requires of any installation or condition which in its judgment
may have adverse effect on any of the I'acilities of Liceflsor. All costs incurr,ffd by the Icsts, or any corrections therea fief. shall
be borne by Licensee.
CS.~.~O0
.No change shall bc made by Licensee in thc commodity being conveyed II,rough said structure will~oul Licensor's. print writ-
lea approval.
S. Indemnification: Licensee agrees to release, dcrcnd and indcnmiry Licensor from and against all liability, cost and
expense (including, but not llmitcd to. attorney fccs and costs aud judgmcnls) for loss of or damage to any proper :,' and rot
juries lo or death of any persons (including the property and employees or thc panics hereto) caused wholly or partially by
(a) Iht construction, presence, rnainlcnancc, usc or removal of said slructurc or
(b)
(c)
the unaulhorized use of any pate.~tcd dcviccs on said structure or
breach of any provision of this contract by Liccus¢¢,
whether or not contributcd to by the maintenancc or operation o1' Licensor's llne o1' railroad or any act or omission, actively or
passively negligent or otherwise, of an employee of Licensor. Licensee expressly assumes all risk of damage Io said structure or
appurtenances from any cause whatsoever. ~
Thc term "Liccnsor" as uscd in Ibis scetlon shall include the successors, assigns and al'fili:~tcd companlcs of Licensor, and
any other railroad company operating upon Licensor's tracks.
6. Condemnation: In thc cvcnt all or any portion or Licensor's premises shall bc condemned or taken for public usc.
Licensee shall receive compensation only for thc taking and damaging o1' said structure. Any compensation or damages for taking
said premises or Licensee's interest therein, shall be assigned [o Licensor.
'7. Termination: This agreement shall tc,rmlnate:
(a) upon abandonment or said structure or discontinuance of the usc: thereof; or
(b) upon failure of Licensee to correct any dcrault hereunder promptly after rccclpt ot' notice from Liccnsor; or
(c) upon thirty (30) days' wriHcn notlcc by Licensor to Licensee; or
(d] upon thirty (30] days' written notice by I.iceuxcc lo Licensor.
· Upon tcrminalion of this agrccmcnl, Liccnscc shull remove said s~ructure and rca. tore thc prcmiscs to Licensor's satlsl'ac.
lion. failing which Licensor may arrange to do so al Licensee's expcm, e.
8. Environmenlal Proleclion: Licensee shall,'al its expense, comply wilh all applicable laws, regulations, rules and
orders regardless or when ihcy ~ome or became cf~ccl'ive, including, wilhoul l[~fitation, dmse relating lO health, safely.
environmental protection, waslc disposal, and waste and air qualily, and furnish satisfactory cvidcncc of such ~mpllancc u~u
rcquesl of Licensor.
Should any discharge, leakage, spillage, emission or ~llution of any t)ge occur u~n or arise from thc pr~mfiscs covert4
hereunder as a result o[ Licensee's u~, presence, o~radons or exercise of Ihe rights granted hcrcunder~nscc shall, al ils
pease, bc obligated to clean all property uffccted [hcreby. whether owned or controll~4 by Licensor ~any third ~rsons Io Ihe
sntisfaCliOn o~ Licensor (insofar as thc property own~ or conlrollcd by Licensor Is concerned) and ~ny4ovcrnmenial ~y hay.
lng jurisdiction in the matter. Licensor may. at its opllon, clean Licensor's premiss: if Licensor elects to do so, Licens~ shall pay
Licensor lhc ~ost of such cleanup prompdy upon Ibc r~icpt o~ a bill ~hcrcfor. Licensee a~rccs to investigate, reload, indemnify
Slit 3 of 3
and defend Licensor from and against all liability, cost and expense (including, without limitation, any fines, penalties,
judgments, litigation costs and attorney fees) incurred by Licensor as a result of Licensee's breach of this section, or as a result
of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises dur-
ing the time this agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and ex-
clusively by the active negligence of Licensor, its officers, agents or employees.
~). Conlrnctors: No worl~ on Licensor's premises shall be commenced by any contractor for L~eensee until such
contractor has entered ' '
into Ltcensor s standard Contractor's Right of Entry covering such work.
10. Non-assignabilily: This agreement is not assignable, in whole or in part, by Licensee without Licensor's prior
written consent.
II. Liens: Licensee shall pay in full all persons who perform labor on said premises for Licensee, and will not suffer any
mechanics' or materialmen's liens to be enforced against Licensor's premises for work done or materials furnished at
Licensee's instance or request. If any such liens are flied thereon. Licensee agrees to remove the same at Licensee's own cost
and expense and to pay any judgment which may be entered thereon or thereunder. Should the Licensee fail. neglect or refuse
so to do. Licensor shall have the right to pay any amount required to release any such lien or liens, or to defend any action
brought thereon, and to pay any judgment entered therein, and the Licensee shall be liable to the Licensor {'or all costs,
damages, and reasonable attorney fees. and any amounts expended in defending any proceedings or in the payment of anv said
liens or any judgment obtained therefor. -
12. Structure Specifications: Said structure shall be' installed in
accordance with the minimum standards required by law, which in no event
shall ever be less than the standards specified in Form C.S. 1741,
also attached and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first
herein written.
LICENSOR
(Ti[lc)
PIPE UNE O.Lq,~,'Y]NO L...~ FLAMMABLE SURSTA~C~
~ON-~ ~BST~C~ PER C.L 1741
ADORESS .......... ~ ~6..~....~.~ .............. ~ ...............................
CITY ......... ~ ~ ~ ............................. STATE ....~.~.........ZIP ............
PHONE [ ........ ) ....... ;; ................ CONTACT ~ERSON ( ......... ~. .......................
?AC~US~ .......... ~. ...... ~-~.~-S...~.~-~.~.~..-~'~"~ ....
PURPOSE . · ' "
I MAT[EI~S AND IN~LATION PER S~. ~AWlNe NO. C~ ..............
~. UN~R~OUND SIeN~ O~ COMMUNiCATiON b~NE INVOLVE~
5. DISTANCE FROM BOTTOM OF T~ TO TOP OF C~INB ( SH~L BE MINimUM
D~[~ o~ ~ ~ ~CH~V~ ~S ~[AT[~ ~ ............ [~....~t.~...~ ............
L [~ LESS ~AN ONE P~E O~AMETER. BUT NOT LES~ THAN 2
o? c,~? ~,~,,~, ~ ,~u~,~o ~ .~o,s ?~. ~ .....................
~. ,......~ ~ ....................
.u.~E. A.O LOCAT~O. Or W.TS .............. ~ .................. ~:~'~ ......................
~O.~.SZ~ OZA~ET~", CXS~.e ...... I.~::. ................... C~"~" ....... ~:: ..........................
ii. ~L THICKN[~= C~[~ ................................. eAe[ DR .......
C~][~ .......... ~ ................ ~ OR ......O...Z&~ .............. mC~S
LE~ s~ ........... ~.: ........................ ~T s~ ........ ~.: ..............................
,3. zr .~.E ~s .~.~CEO co.c.~z~ A.S.T... C~S ~S~e.A~O. ..............................
~. Z..~.E ZS C~T mO. A~ CL~S ........................................................................
~S. MC~oa or ~.SZ~L~T~O. U.~. ~.<XS ....... ~.~5..~:~-/.~ ....................
I~. CRY BORING + ...................... .JACKING · ........................ OFteN CUT ...........................
· ~E GENERAL NOTE NO* 31 ON O.S.174l OR C.S.1742
--
E~.O'll ON A-A
PIPELINE CARRYING NON-FLAMMA~LI~ SUBSTANCES
SEE C,5.174'1
8EO'I1ON A-A
PIPELINE CARRYING IrLAMMA~aLE SUBSTANCe, S
SEE C.S.1742
:ROS~ SECT ION
SEE C.S.1741
IIOUll~ERN PACIFIO TR,A/4'~t*ORTATION CO.
~T. LOUIS ~OU'~IW~rERN RY.
~bgrade, ~ .. -:"' '.--. ~. .. $ _.... ~. ~
~:-.:.-- ~ ..... ~ ~ ~ ~-Caaz~ P~c~t I~tS~C~)
~ ..' -~ ...........................
PIPE IN ~MDAN~MENT (~e ~ne?al Rule 2) PIPE IN CUT
RULES COV£RNING THE PlST~LLATION OF PIPE LINES TRANSMITTING
WATER OR OTHER NON-TL~NM~BgE SUBST~NffES WHEN
UN~ER ~KS
~ l~veeted s;phon~ f~ d~omo~e ~ ~tigot~n
casm~
/~mts.
7,4816 P'
FOR PIPES
A A
SOUTHERN PACIFIC LINES
COMMON STANDARD
PIPE LINES
FOR NON - F L AM MA BLE SU 8$TANC!rS
CROSSING UNDER TRACI~