HomeMy WebLinkAboutRES 091118-M - Stillwater LicensesRESOLUTION NO. 0 1 1'9--M
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, APPROVING TWO LICENSE
AGREEMENTS WITH GEORGETOWN RAILROAD TO ALLOW THE
CROSSING OF RAILROAD RIGHT OF WAY WITH CITY UTILITY
LINES.
WHEREAS, Lennar Homes (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); and,
WHEREAS, the Stillwater Development will require access to City of Georgetown
(the City) utilities, including water and wastewater (the Utilities). The City is requiring
that the Stillwater Development obtain access to the Utilities through existing
infrastructure north of the Stillwater Development; and,
WHEREAS, such connections will require crossing Georgetown Railroad (GRR)
right of way at two points, shown in the attached Exhibit "A" & Exhibit "B"; and,
WHEREAS, GRR has agreed to license such crossings, one for water and one for
wastewater on the terms and in forms substantially similar to those documents attached
hereto as Exhibit "C" & Exhibit "D"; and,
WHEREAS, it is hereby declared that the City of Georgetown finds it to be in the
best interest of the public to accept these Pipe Line Licenses, 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
Resolution No. 09111$—M
Description: Stillwater Licenses, N-55/0-55
Date Approved: 11 -1 ;;� D j $
Page 1 of 2
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 Licenses 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.
RESOLVED this 1 � day of J�-�-p��rr�b-P.(- , 2018.
CITY OF GEORGETOWN
By:�A , (
Dale Ross, Mayor
APPROVED AS TO FORM:
_-,: 4Z�'i
Charlie McNabb, i Attorney
Resolution No. 09 t I I S `
Description: Stillwater L' enses. N-55/0-55
Date Approved: 9 i �10t
Page 2 of 2
ATTEST:
J
Shelley N t!�City Secretar
Exhibit A
PLACE ARROW INDICATING NORTH FORM QR - Q 04-B
DIRECTION RELATIVE TO CROSSING REV. 109.22
www.uprr.com
ENCASED NON-FLAMMABLE
NTONIO FLORES PIPELINE CROSSING
SURVEY ABS NO.
235 NOTE: ALL AVAILABLE DIMENSIONS MUST BE
NO SCALE FILLED IN TO PROCESS rHIS APPLICATION.
RR'5 R1W
C
JO FT,
FT.
i
j! MIN. GIST
E
I
SFAL CASING
2917 I FT. #q-20-
rr�7
2M� F_T,
1)0 -' 0. � 0 Weir
i+NGLE W CAOSS.TA;:J aw TO
'NEAREST R. R,
y��I,}�.,��Jj 4 7.
�[OE SCr i10C flxfp {1fl�[1j��{ .
I
1 GROUND
SURFACE
! Su56RdpE J
51�r. Min. I
I
CASING
T, Min.
SEAL CASINO
J
CARRIER PIPE \ \
fI ,' -7
r 57 FT'. .I i'•-- 5�Fi.
II 114FT,
1 FT. _
(CASINO LENGTH WHEN MEASURED ALONG PIPELINE.)
NOTE:
REFER TO ARENA VOLUME t PART 5 FOR REQUIREMENT RELATING TO PIPELINE CROSSINGS.
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES;--ZiNO;
B) IF YES, NAME OF STREET
D) DISTRIBUTION LINE OR TRANSMISSION LINE A
Cf CARRIER PIPE :
COMMODITY TO SE CONVEYEI) Wastewater
OPERATING PRESS f _PSI 11
j WALL THICKNESS =.;DIAMETER 1 V ;MATERIAL —PVC i
EI CASING PIPE p11
WALL THICKNESS.�[T-;DIAMETER r1fiR ;MAT,ERIAL Steel .
NOTE :CASING MUST HAVE 2" EEAAAANCE,BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S):
DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
TUNNEL ; OTHER
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR7__X_yE5i
H) DISTANCE FROM CENTER L[NE OF TRACK TO NEAR FACE OF BORI AND
JACKING P[TS WHEN MEASURED AT RIGHT ANGLES TO TRACK
i 1) APPLICANT HAS CONTACTED 1-800-336-9193, (30- MIN.)
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER
j OPTIC CABLE X DOES ;-DOES NOT ; EXIST IN VICINITY OF
I WORK TO BE PERFORMED , TICKET NO.
I
EXHIBIT
XHIl@ T "A"
GEORGETOWN RAILROAD
AD CO.
GRANGER BRANCH
Tula IVISIONI
M. P 2i, E. S. jL8t y
ENCASEDWAAS Oi"t�iZCROSSING AT
a L
�ne•.or er.,, IcooNrn ,11,1
or- -E0 rte
I.�Ican.
RR FILE NO. -Z�a,99oAATEUMAR2 8
W A R N I N G-
I N ALL 01l5, U. P, L
DEPARTMENT EO IN ADVANCE
OF ANY f[Ry1 r'ENCE AND
rt" OF FIBER OPTIC C
PHONE : I-800-336-9193
2663
Georgetown 4-
10 �
o
w
_ 921
'�dR{Sr R, F, rcRxv 4\~
M41N TRACK
o
V[3
c.�w Ary: y
H til 1
101 STANCE ALONG TRACK FROM SEC r 1014 LINE CROSS INGI
(NOTE:
THIS DIMENSION REOUIREO IN ALL 040E.
ATLOCATIDNS NOT USING SL(.r '11,4. 01STiK
YO A LEGAL SURVEY LINT IL "Mit..
C
JO FT,
FT.
i
j! MIN. GIST
E
I
SFAL CASING
2917 I FT. #q-20-
rr�7
2M� F_T,
1)0 -' 0. � 0 Weir
i+NGLE W CAOSS.TA;:J aw TO
'NEAREST R. R,
y��I,}�.,��Jj 4 7.
�[OE SCr i10C flxfp {1fl�[1j��{ .
I
1 GROUND
SURFACE
! Su56RdpE J
51�r. Min. I
I
CASING
T, Min.
SEAL CASINO
J
CARRIER PIPE \ \
fI ,' -7
r 57 FT'. .I i'•-- 5�Fi.
II 114FT,
1 FT. _
(CASINO LENGTH WHEN MEASURED ALONG PIPELINE.)
NOTE:
REFER TO ARENA VOLUME t PART 5 FOR REQUIREMENT RELATING TO PIPELINE CROSSINGS.
Al IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES;--ZiNO;
B) IF YES, NAME OF STREET
D) DISTRIBUTION LINE OR TRANSMISSION LINE A
Cf CARRIER PIPE :
COMMODITY TO SE CONVEYEI) Wastewater
OPERATING PRESS f _PSI 11
j WALL THICKNESS =.;DIAMETER 1 V ;MATERIAL —PVC i
EI CASING PIPE p11
WALL THICKNESS.�[T-;DIAMETER r1fiR ;MAT,ERIAL Steel .
NOTE :CASING MUST HAVE 2" EEAAAANCE,BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE.
F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S):
DRY BORE AND JACK (WET BORE NOT PERMITTED) ;
TUNNEL ; OTHER
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR7__X_yE5i
H) DISTANCE FROM CENTER L[NE OF TRACK TO NEAR FACE OF BORI AND
JACKING P[TS WHEN MEASURED AT RIGHT ANGLES TO TRACK
i 1) APPLICANT HAS CONTACTED 1-800-336-9193, (30- MIN.)
U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER
j OPTIC CABLE X DOES ;-DOES NOT ; EXIST IN VICINITY OF
I WORK TO BE PERFORMED , TICKET NO.
I
EXHIBIT
XHIl@ T "A"
GEORGETOWN RAILROAD
AD CO.
GRANGER BRANCH
Tula IVISIONI
M. P 2i, E. S. jL8t y
ENCASEDWAAS Oi"t�iZCROSSING AT
a L
�ne•.or er.,, IcooNrn ,11,1
or- -E0 rte
I.�Ican.
RR FILE NO. -Z�a,99oAATEUMAR2 8
W A R N I N G-
I N ALL 01l5, U. P, L
DEPARTMENT EO IN ADVANCE
OF ANY f[Ry1 r'ENCE AND
rt" OF FIBER OPTIC C
PHONE : I-800-336-9193
Exhibit B
PLACE ARROW INDICATING NORTH FORM OR -04 A-8
DIRECTION RELATIVE TO CROSSING .gt REV, 10-92pT2
¢moo www.uprr.com
(ENCASED NON-FLAMMABLE
NTONIO FLORESPIPELIN1E CROSSING
P ` SURVEY ASS NO,
235 NOTE: ALL AVAILABLE DIMENSIONS MUST BE
NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
aY B
RR' 5 RIN
3609 yn ^
VU I F��...•� F[ C T, 1 G2GQ FT— FT.
�f�'.7h U
�{ VvV n r[SLFT.
Georgetown , 0 0 _
'a
• i.YEAR[Sf R, R. Tgirefl a� �� AW.LC 4f C1[OSSSNc] �� i0 Weir
�V #,921 , rr"�•PL MAIN TRACH . } (.VE.1REST R,R. TOWN)^
yen` Grav i rive C
SCR10S it%E0 OBJ t 0[1CRt8C r!a D OiIJEC 1 -
4
y 4g 4r�1 (DISTANCE ALONG TRACK FROM SECT [ON LINE CRO55 (RGI 50 FT.
1N0TE: THIS Dliltfl$[OH R[OUIpEO IN ALL CAM.
w Ar LOCa[161+S HOT OSING 5fcitculj. DISTANCE
TO A LEGAL SU40Y LINE IS REOUIYE,D)
.�_ 50 FT. ^•�--'-•�• V FT. 50—FT. >M
• I GROUND
MIN. 015[ I SURFACE
Pi 1
!
511BGRACIE
5 Fr. Min.
I Min.
WAL CASING"F T. SEAL CASING
CASING Pi -
r - _ — Y — _ _ -.
iLT CARRIER PIPE \ \
57 FT. ,�� 57FT
114FT,
1_JA FT.
(CASfNC LENGTH WHEN MEASURED ALONG PIPELINE.)
NOTE:
REFER TO AREMA VOLUME 9 PARTS FOR REQUIREMENT RELATING TO PIPELINE CROSSINGS
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ?„YES; X NO;
8) IF YES, NAME OF STREET
D) DISTRIBUTION LINE OR TRANSMISSION LINE X
C) CARRIER PIPE :
COMMODITY TO BE CONV (Nater
OPERATING PRESSU PSI „
WA THICKNE553;DIAMErER 12 ;rRATER1aL RVC ;
E1 CASING 01PE
WALL TH iCKNESS7,,R' ;DIAMETER 2411 ;?AA TER I AL Steel
NOTE :CASING MUST HAVE Z' CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR W AMETER OF
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
CARRIER PIPE AND INSIDE OF CASING PIPE,
F1 M£THOV INSTALLING CASING PIPE UNDER TRACKrST:
-DRY SORE AND JACK (WE7 BORE NOT PERMITTED) ;
TUNNEL ; OTHER
G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? _X_YES;_N0;
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORE AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK
1) APPLICANT HAS CONTACTED 1-800-336-9193, f3G MIN.>
U. P. COMMUNI-CATION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE XA OOE5 DOES HQT ; EXIST IN VICINITY OF
WORK TO BE PERFORMED TICKET NO.
EXHIBIT "A"
GEORGETOWN RAILROAD CO.
GRANGERBRANCH
.fYN lvl3lo.l -
M. P %2I� �3 E.
ENCASED TEC CROSSING AT
Cx aR ET W1t-LlAfmz0N
.IlA.ul ver+ Icy.nl•e �slc•e•
RR FILE N0. 6f -3U-7_ DATE+
W A R N I N G
IN AL IO+t6. U. P. C Al 10R$
DEPARTMENT MU TEO IN ADVANCE
OF ANY V I rERa r(AICL AND
•[ION OF FIBER OPTIC C
PHONE t 1-800.336-9193
1
13
Exhibit C
PIPE LINE LICENSE
GRR FILE: E-250.9902
THIS AGREEMENT, made this day of 2018, by and between GEORGETOWN
RAILROAD COMPANY, INC., a Texas corporation (Licensor), and CITY OF GEORGETOWN, a
municipal corporation (Licensee), address: P. O. 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 10 inch diameter waste water line
contained within a 20" diameter steel casing pipe (herein called structure), to be located at approximately
Mile Post 921.61 (ICC Chaining Station 718+64) 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 furnishing 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.
5. 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 shallterminate:
(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 , 2019 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 _---111dex
Annual Payment = Index as of , 2018
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
LICENSEE
By
(Print Name)
(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,___
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 , 2018
Notary Public in and for
County. Texas
Type/ Print Name of Notary Public
My Commission Expires: --
[Exhibit "A" to Pipe Line License]
Exhibit "A" to the Pipe Line License is heretofore attached as Exhibit "A" to the foregoing
Resolution and will be attached accordingly to the original Pipe Line License prior to execution and
recording.
Georgetown Railroad Company, Inc.
INS RANC:E REOuimwNTS
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 least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity
Provisions contained in this Agreement, Underground Ha7zrd, Broad form Property Damage, a waiver of governmental
immunity (ISO Form GL 24 14 or equivalent), 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 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 liability by endorsement (ISO Form CA
00 25 or equivalent) covering all motor vehicles including hired aid non -owned, mobile equipment to the extent it may be
excluded from general liability insurance, 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 taws
of the state(s) affected by this Agreement and Employers' Liability with a limit of at least $1,000,000 each
accident/disease/po[icy limit. Also cornp[iance with all 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 Contractors)/Subcontractor(s) 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
Contractors)/Subcontractor(s) and for loss of their owned or leased 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 shall be primary with respect to any insurance carried by Railroad.
Licensee and/or its Contractor(s)/Subcontractor(s) shall furnish to Railroad certificate(s) , of insurance
evidencing the required coverage. The insurance company(ies) issuing such policy(ics) 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 CIass VI1 or better. Such insurance company
shall be authorized to transact business in the state(s) affected by this Agreement.
Exhibit D
PIPE LINE LICENSE
GRR FILE: E-250.9903
THIS AGREEMENT, made this 1st day of September 2018, 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 12 inch diameter water line
contained within a 24" diameter steel casing pipe (herein called structure), to be located at approximately
Mile Post 921.63 (ICC Chaining Station 719+25) 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 furnishing 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.
5. 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 sura ofTwenty-fiveHundred Dollars ($2,500.00) for initial handling of the License and 011e
Hundred Dollars ($100.00) per annum, payable annually in advance. Beginning September 1, 2019 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 June Index
Annual Payment = Index as of June, 2018
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
LICENSEE
(Print Name)
(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 , 2018
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:
2018
[Exhibit "A" to Pipe Line License]
Exhibit "A" to the Pipe Line License is heretofore attached as Exhibit `B" to the foregoing
Resolution and will be attached accordingly to the original Pipe Line License prior to execution and
recording.
Georgetown Railroad Company, Inc.
IN i.1R-AN 'E REOUIREiV1ENTS
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 least $4,000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity
provisions contained in this Agreement, Underground klamrd, Broad Foran Property Damage, a waiver of governmental
immunity (ISO Form GL 24 14 or equivalent), 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 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 liability by endorsement (ISD 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 insurance, 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 all 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" (ISG F orm 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 Foran CG 2831 or
equivalent).
The Licensee and/or its Contractors)/Subcontractor(s) hereby waive their right of subrogation, as respects the above
insurance policy(ies), against Railroad for payments made to or on behalf of emplovees of Licensee or its agents or its
Contractor(s)/Subcontractor(s) and for loss of their owned or leased 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 shall be primary with respect to any insurance carried by Railroad.
Licensee and/or its Contractors)/Subcontractor(s) shall furnish to Railroad certificate(s). of insurance
evidencing the required coverage. The insurance coinpany(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 bating of B and Class V11 or better. Such insurance company
shall be authorized to transact business in the state(s) affected by this Agreement.