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HomeMy WebLinkAboutDeeds & Easements_1961Form 1032 NOTICE OF PROPOSED INSTALLATION PIPE LINES Date Js'Y 4, 151'1 TO THE TEXAS STATE HIGHWAY COMMISSION c/o DISTRICT ENGINEER TEXAS HIGHWAY DEPARTMENT �&t&n , TEXAS Formal notice is hereby given that `in1tY 0f Uy*r(y*Uya Company, proposes to place a 2* VOA" pipe line within.the right -of - Road way of BUM _Highway No. 21 in County, Texas as follows: The location and description of the proposed line and appurtenances is more fully shown by Three copies of drawings attached to this notice. The line will be constructed and maintained on the highway right-of-way as directed by the State Highway Department in accordance with governing laws. Construction of this line will begin on or after the She day of 1°au -9 Ci of '� Firm B Title Address pe 0e an A09 , 4 9- - 11, W. i APPROVAL To City Of 00orgetown Ps Ge Box 409 4eorgotowge Texan Control 337 Section l Hwy. No. Stag 29, Yilli�aeoa County Date— OMarr 5, 1961 The State Highway D� rtment offers no objection to the location on the right-of-way of your proposed gam` line as shown by accompanying drawings and notice dated L except as noted below. It is expressly understood that the State Highway Department does not purport, her- by, to grant any right, claim, title, or easement in or upon this highway; and it is further understood that the State Highway Department may require the owner to re- locate this line, subject to provisions of governing laws, by giving thirty (30) days written notice. All work on the highway right-of-way shall be performed in accordance with Highway Department instructions. The installation shall nbt damage any part of the highway and adequate provisions must be made to cause minimum inconvenience to traffic and adjacent property owners. Special specifications for placing this pipe line are as follows: f S'4 Pit's 2 WA'TGk',L/ w t. 1 Please notify Mie re asrts &U_Kft"4 forty-eight (48) hours prior to starting construction of the line, in order that we may have a representative present. TEXAS4tEa aYDARTMEI�T By: �'x,R Distneer-Dist. No. %¢ Form 1033 STATE HIGHWAY DEPARTMENT Specifications for placing water, sewer, gas and oil lines and conduit within the Rights-of-way or crossing State and U. S. Highways 1. All excavations within the right-of-way and not under surfacing shall be backfilled by tamping in 6" horizontal layers or by ponding. All surplus material shall be removed from the right-of-way and the excavation finished flush with surrounding natural ground. 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of 2% or less. All slopes over 2% shall be replaced by block sodding. S. Highway crossing under surfaced roads and under surfaced cross roads within' the right-of-way shall be placed by boring. Boring shall extend from grown line to crown line. All lines under highways carrying pressure shall be enclosed in satisfactory casing extending from right-of-way line to right- of-way line. Gravity flow sewer lines under highways shall be cast iron Pipe • ° . I 4. Where evidence is presented indicating the impracticability of boring or tunnelling, the District Engineer of the Highway Department may grant per- mission to cut the surfacing. In the event a cut is permitted the following conditions will govern: (a) Backfill material: All backfill material shall be stabilized with Port- land Cement and mixed in a concrete mixer or transit mix equipment, If soil is used it shall be sandy material free from lumps or clods, and shall be stabilized with two sacks of cement per cubic yard of soil. If sand and gravel are used, pit run material will be allowed, and it shall be stabilized with one sack of cement per cubic yard. Backfill may be mechanically tamped in a moist condition or water added to provide a free flowing mixture. (b) WHERE PAVEMENT IS FLEXIBLE BASE AND ASPHALT SURFACE ASPHALT SURFACE FLEXIBLE RA.4F OPEN TRENCH TO MINIMUM BACKFILL TRENCH TO SUR- REMOVE SURPLUS BACKFILL, WIDTH NECESSARY FACE LEVEL, PENDING PLAC- PLACE BASE AND SURFACE ING OF BASE AND SURFACE. SAME AS OR EQUAL TO ORIG- INAL BASE AND SURFACE. r, (c) WHERE PAVEMENT IS CONCRETE OR CONCRETE BASE WITH OTHER SURFACE REINFORCING STEEL OPEN TRENCH To BACKFILL TRENCH Rm6vE SURPLUS MINIMUM WIDTH NECES- TO SURFACE LEVEL BACKFILL. RE- SARY. CUT STEEL PENDING PLACING MOVE AN EXTRA BARS ON ALTERNATE OF CONCRETE. 1 FT. STRIP OF SIDES. CONCRETE ON EACH SIDE. PLACE 5 SACK CONCRETE PATCH. KEEP WET AND BARRICADED FOR 48. HOURS. 5.' Operations along highways shall be performed in such manner that all excavated material be kept off the pavements at ell times, as well as all operating equipment. 6. Barricades and warning signs and flagmen when necessary shall be provided by the contractor or owner. 7. One half of the traveled portion of the road must be open to traffic at all times 2500-11-59 Form 179. ,,.......,ti (Revised 11-1959) Pipe Line License AGREEMENT, made this 31st day of A. D. 19±'—Lbetween MISSOURI -KANSAS -TEXAS RAILROAD COMPANY hereinafter called "Licensor," and CITY OF ti80W4TOWN address 0oeaPtom State of Tax" hereinafter called "Licensee." 1. In consideration of the payment in advance of JUM Al2 001100 """- Dollars ($ 50.00 ) receipt of which is hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main- tain, and operate 0 pipe line, hereinafter called the "Crossing," not exceeding (15 inches in diameter to be used for carrying MKUS across or along the right of way or other grounds constituting a part of Licensor.'s Tailroad at or near the Station of "' C�otg�i:otrti is the County^of:z : + :l�lti._ � - Texas Said pipe line shall be encased in a larger pipe where it passes under any railroad track and for at least ten (10) feet on each side of the center line of any such track. 2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises. If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no- tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of Licensee, and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent (10'%) thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to make such repairs shall not release Licensee from liability for injury or damage resulting therefrom. ID Said f'if'teen (151 inch sanitary sewer line tntere teid Rai}road Co-rpanyls premises at a point on the north lire of San Gabriel Street, distant 27 feet, acre or less, measured easterly at right angles, tangent to curve, frov- the centerline of said rWlroad Co�panyls San Antonio Subdivision "On Track; Thence Nor'her'y, parallel with and 27 foot, more or lees, easterly frc" the renter 1,n,- of said main track, a die-lance of 165 feet, r+ore or less, to point on south line of Centre Street; Thence cortinutrg northerly, parallel with and 27 feet,-ore or less, ees*erly fro- t`:e center line of said -ain track, to point of re-enterirg Faid right of way on the northerly line of Centre Street; Thence cov:ttnuing northerly, parallel with and 27 feet, more or less, easterly from the center line o: sail main track, a distance of 115 feet, -ore or leas, to point of leaving said right of way; Thence continuing nort.Yierly, parallel with said main track, a distance of 106 feet, more or less, to po4nt of re-entering "H r1rht of way; Thence continuing northerly, parallel with and 27 feet, -ore or less, easterly from the center line of said gain track, a distance of 50 feet, more or lose, to an angle pent; - Thence deflecting an angle of 43 dPgress, more or Isrs, to the left, northwesterly, croseing raider eaid -ain track at main track ehalning station 797 plus 70 and also crossing under I.C.C. No. 6, a distance of 110 feet, *yore or less, to point of leaving said Railroad Co-panyis premises; All as ehown on print of Drawing No. A-26,953, dated "arch 279 1961, Engineering Department, Dallas, Texas, attached and rade a part hereof. )OaA 1 � F.• h I.C.C. No 8 EAST STREET House Track I.C.C.No.Ip ,. Ul . � dnAq}OAip V t�p,P�-E' S U U► Na -� k res � �90 15" Sanitari Sewer ire 43 tr yc a� C), EX HIT ATTACHED To CONTRACT DATED­­­­_­___ --------- MISSOURI- KANSAS-TEXAS RAILROAD CO. AN D CITY OF GEORGETOWN Covering IS"SanJarl Sewer on rig4oF-way M.P 923-17 AT GEORGETOWN-TEXAS En9ineGrin9 Departm(-r)} Dallas, Texas Scale V'-too' March 27, 19cl ReFerence--'- Sta. Map Traced by G,,).7-6P Chee Ked byJ B.H C7RA W I NG NO, A- eG 953 I( 3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said prem- ises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Li- censee's covenants herein, Licensor may cancel and terminate this contract on giving to Licensee not less than ten days (10) days' advance written notice of its desire and intention so to do. 4. Upon the termination of this agreement, whether in accordance with the provisions of � Paragraph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensors premises, and restore said premises to their prior condition or to a condition satisfactory to Licensor's Chief Engineer, and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licenor may remove the same and restore said premises as herein provided as the agent and at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten per (10%) thereof as a charge for supervision, accounting and use of tools, within ten (10) days after demand therefor. S. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage shall be caused, whether by the negligence of Licensor, its agents, servants, or, employes, or otherwise. Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor from and against all liability for or on account of, injury to or death of persons or damage to property, includ- ing live stock killed or injured, resulting from or incident to the construction, maintenance, use, operation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents, servants or employes, or otherwise. Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part thereof. 6. This agreement shall bind and inure to the benefit of the parties hereto, their successors and as- signs, or heirs, executors and administrators, but Licensee shall not assign the same without the written consent of Licensor. . This agreement shall take effect the 31§t ., day of H&XVh —, 19-k1_ and unless terminated as above provided, shall continue in force for me (1)yam and thereafter until terminated by one of the parties giving to the other not less than thirty (30) days' advance no- tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such notice. In TESTIMONY WHEREOF, witness our hands, this the day and year first above written. MISSOURI -KANSAS -TEXAS AkILROAD COMPANY (Licensor ritl Vice Er 1._)ent K Gen. Manager errsr nr AenwaTffi t (Licensee) BY -4:2 - Attest: / Attest : Titl Address _P * G • BOX 409& mfitmna =AX" x,932.1 12 �a. �'�.....