HomeMy WebLinkAboutReso 1974-7312
Form No. 342
Rev. 3/74
RESOLUTION NO. 7312
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAN DIEGO & ARIZONA EASTERN RAILWAY FOR
CONSTRUCTION OF 8" SEWER THROUGH RAILROAD RIGHT OF
WAY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
SAN DIEGO & ARIZONA EASTERN RAILWAY, for construction of 8" sewer
through the right of way of the Coronado Branch Line,
dated the 21st day of May , 19~, a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he lS hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vlsta.
~~?8-tZ
L . Cole, Director of PUblic
Works
Approved as t9-f\~,FIl\ by /
~ / (y \~,/) ,
/--/ / ,\ ",' ,/ / A
_ ,\ 1-" / __.- -/ . _, ,I -" .r..- ../:- :<" /
'//.;-,/(,_<'",:7, r,_....... ,',/;'>"/"/L../(...-- L- .L:/..
.....-c..' -.>::..-' .. -y _r_"" ~
~' c:;:/
George D. Lindberg, City Attorney
Presented by
ADOPTED fu~D APPROVED by the CITY
VISTA, CALIFORNIA, this 21st day of May
the followLng vote, to-WLt:
COUNCIL of the CIT~ OF CIWLA
, 19~, by
AYES: Councilmen
Eqdahl, Hobel, Hamilton, Hyde
NAYES: Councllmen
None
ABSENT: CouncLlmen
Scott
~~~~, Jt~'MJltiV,~(,
Hayor of the Clty of Chula VLsta
ATTE;f2:P~ 11; \ pffd~"':'
" Clty Clerk
I
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I,
of Chula Vlsta, CalLfornia, DO EEREBY CERTIFY
true and correct copy of Resolutlon No.
not been amended or repealed. DATED
, Clty Clerk of the CLty
that the above is a full,
, and that the same has
City Clerk
Imel
reet
ldress
ty
ate L
p
RECORDING REQUESTED BY
[RAP - VI - 48340/312-21 - 4/17/74]
AND WHEN RECORDED MAIL TO
I
~
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mile Post 36B 7.0
THIS INDENTURE, made this
day of
,
21st
MAY
1974, by and between SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, a
Nevada corporation, herein tenned "Railroad," and CITY OF CHULA VISTA,
a municipal corporation of the State of California, Department of
Public Works, "F" Street, Chula Vista, California 92010, herein
tenned "Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reserva-
tions, covenants and conditions contained herein, the right to con-
struct, reconstruct, maintain and operate an 8" VCP sewer line,
hereinafter tenned "structure," beneath the tracks and property of
Railroad at or near Chula Vista, in the County of San Diego, State
of California, crossing the center line of said tracks at Engineer
Station 391+80.34, Mile Post 36B 7.0, in the location shown on
Railroad's Drawing No. S-1357, Sheet No.1 of 1, dated March 1,
1974, attached hereto and made a part hereof.
Said structure shall be installed in accordance with the
minimum requirements of Fonn C.S. 1741, also attached and made a
part hereof.
*
*
*
*
*
//,
I' /
, '
rm C-l, 5/19/12
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
without expense to Railroad.
Absence of markers does not constitute a warranty by Railroad
of no subsurface installations.
2. 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 per-
formance of its duty as a common carrier, and for that purpose 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, communicati.on
and pipeline facilities and appurtenances in, upon, over, under,
across and along said property.
3. 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.
4. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced withi.n one (1) year from the date first herein written.
5. 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 give Railroad
five (5) days' written notice prior to commencement of any work of
construction or reconstruction.
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
removal of said structure, including, but not limited to, the
installation 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.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or
make changes in the location thereof upon receipt of wri.tten notice
from Railroad so to do.
6. 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, la\~ful 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 sClid property comrn,-",ced within one (1) year from the
date first herein written.
-2-
--; 1/)<2
TIn C-2, 5/19/72
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property dnd saie! structure in good and
safe condition, free from waste, so far as affected by Grantee's
opera tions, to the sa tisfac tion of }{a i lroad. If Grantee fai Is to
keep said property and said structure in a good and safe condition,
free from \Vaste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
8. In the event any \Vork upon or in connection \Vith said
structure or its appurtenances, 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 the railroad company which
operates on said property, satisfactory to said company and indemni-
fying 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 satisfactory to said company guaranteeing the faithful perfor-
mance of all the terms, covenants and conditions contained in said
agreement, and a certified copy of a policy of Public Liability and
Property Damage insurance within limits specified by and in a form
satisfactory to said company, covering the contractual liability
assumed by contractor in said agreement to be entered into with said
company by such contractor.
9. Grantee shall aSSclIne all risk of damage to said structure
and appurtenances and to any other property of Grantee or any prop-
erty under the control or custody of Grantee while upon or near the
property of Railroad incident to the construction or maintenance of
said structure caused by or contributed to in any way by the con-
struction, operation, maintenance or presence of Railroad's line of
railroad at the above-mentioned location.
10. 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 hereinabove reserved, to resume !2xclusive 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,
Grantee, at its o~m 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.
-3-
--,
~ 13C!
arm C-l, 5/19/72
Upon termination of the rights and privileges hereby granted,
Grantee, at its o~~ 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.
11. 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.
SAN DIEGO & ARIZONA EASTERN
RAILWAY COMP
By
Attest
(Title)
CITY OF CHULA VISTA
--7;;/ ~ /It!/j
Bly51!::;~?7'<<'4/(Ii~~~k j
Mayor
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By: -7'~' ( ~
'C er
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l i 11 e CORONADO BRANCn
E.S 391+80.34
AUP' cal"
AdO' ell
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p, I ' ~J C " e
M,l t po I , i'I' )111 r1
City of Chula Vista
Dapt of Public Works
"F" Street Chula Vista
Metropolitan SeYler
Sewer
CE
,stal!(It"on as pel
CS 17.43.
NO
I) PIl)P 'Jllr1er Pre'_')III!"'
o ',~ d I t F' 0 n~ Bot t l: 'T1 0 l
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],e ]0 Top 01 Cal'fl~
t Lt) I ]1 I J' - 0" ""
PlJtC:~-"'P':.F 1'T1ma~;
Jlln LOC:ltIOII Of "erlts
18 Feet
~
. Sllb'taflU\ JIIII IIJI cal I'r NlIntlJe'
M a . p 1(1
O~arrr~e
CH'" P .;e
C cl'
--'l" VCP
16" x 1/4" Stl
C31"P pOD€'
C J C, I I: ~
Sm 0 G t!: S tee I _ ' III.
Co .,,~a:1o Metal
Ga~. e
C cl I I II ~
P pe 46' Min
L.AI Min
I: PIp e I IRe! 'd 0 , ceO Con cAS. T. II C I a s I
On:~"at'ol'
If P:,le 'I Calt rOil A.....A. Class
Furnish Sketch 2
Plan, Cross Section and Descflptlon of Track or Tracks
Under Which Proposed Pipe IS to be placed together
With all necessary dlmensl ans
.>'1(.'
" Division 'st> + Aft!..
Drawing Nas 13!:l7
Sheet No. i.f i
" ~.',
PIPE CROSSING DATA SHEET
Date ~~c." I~ 19"74.
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LOC....,..'ON 0':;
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PI pf .' I TI" c< iI e S~
*(01 casing, If used - 2.
otherwise carller pipe)
. C a I I I e r
P p, L1"g,.
109051'00'1
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Form C E 35569 Sept. 17, 1967.
Alate.
,cor pipe !tiles carryi/7g
flammable svbsloaces
see C S 1142
Subgrade
1.50
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Dilen
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v ",,-';)<,',::,":)\' <..,:-0'
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Pipe LIne
80ttom ot Ditch or
6-isl/n9 Ground Lin~
CasIng Pipe ,,-5'01
3'-0" Min, J/ no casing
(See Cosinq Note No?)
Corner Pipe --"
12'-0"
5'-0'/+ H
But not less tnon /(}'-O '
(See G~ae'rai Rule 2) PIPE IN CUT
PIPE IN EMBANKMENT
RULES COVERNING THE INSTALLATION OF PIPE LINES TRANSMITTING
WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING
UNDER TRACKS'
IiIMB&.
I. Distance H from, bcttom of tie to top of pipe, casing or concrete encasement sIJoll
not be less thon 3 -0 (See excepflon In General Note 3.)
2. Any pipe Imes cross/fir; any frack do not reqUIre (] casliJg provided_ the corrier
pipe 1$ of sufflClenl ,strength to support the !rock and has watertight Jomts. For such
pipe lines"cosmg hgnter !lIon specified In loblel for stJpporfmg trock may be
used for Iflstallmg pIpe, prOVIded the space between comer pIpe and coslflg IS
backftlled with grout or sand
If rorrier pipe does not MJ/8 sufflCiem strength to support track, casing or
concrete encasement must be installed Length of casing measured at right angles
to track shall extend each side of center line of track five feet plus the verticol
distance from bottom of tie to tcp of casing or encasement but not less !/Jon ten
feet, except that where casIng is mstal led throlJgh railroad embankmert II shall
extend beyond slope of embankment.
3. When pracllcoble, casIngs and romer pipes may be Installed by the jOcking or
boong methods. If these methods ore used the minimum depth from bollom
of tie to top of pipe or bore must be 3'-0" or one pipe dlameter,whichever
is greater; however, wllere there, is good cohesive soil the depth may
be less than one pIpe dIameter, but not less than 3'-0'; wtfh
specIal permission of the Chief Engineer. If Installed by tunneling
or boring, the space around casmg or carrier pipe must be backfilled
with grout or sand.
4. No pipe lines sholl be laId through or under bridges or culver ts,
where there IS //kelillood of restricting lIIe area required for the
purpose for wlndl the bridges or culrer ts were buill I or endangering
foundations of Important structures
5. If oddillonol tracks ore cDllstructed in tbe future, the protectlM
sholl be correspondingly extended.
6. Inverted siphons ftJr droinoge or irrigotion dllches (C 5.1705)
using steel pipe wilh welded or screwed Joinls or corrugated iron
pipe wtlh 011 seams and ~iRfs close riveted and soldered having 0
dIameter 01 48 mches or less and Ihe required strength to support
track, may be installed wtlhout 0 casing_
CASING
/. Casing may lJe of eilher (orrllgQ/~d Iron smocth sleel or concrete.
I~ sholl hOY,e suffIcient strtln9fh to support frock, e,lcepl tl10t 0
lighter caSing may he used for Instollotlon purposes os provided
III General Rule 2 above.
Nestoble (knocked dawn) type plain
of gage corresponding 10 requIrements
used to protect carrier pIpes that ore
galvonized corrugated pipe
of Table / may be
alread! in place_
2 Metal casing for supporting track sholl conform to tlJicknesses
shown in Table I and slloll !Jove joints of ell!Jer screw, welded or riveted
type, It shall be galvanized or sholl be dipped 1/1 preservative motenol
and thoroughlJ .cooted i,lS/de and oufslde. If preservative moteriol cannot
be ~~.ed .on inSIde of casl,?g, then. the casing 511011 he at leasl one gage
or Ii tlllcker than otherWIse required.
3. Concrete casing for supporting track shall/Jove the strengtll specified
in current ATS'" Seool DeSignation C-76, Closs IV. All jOl/1ts sholl be water-
tIght and of on approved type of construction.
4. The inSIde diameter of cosin9 sholl be at least 2 inches greater t!Jon tile
largest outSide diameter of corf/er pipe.
5 Sizes of casing larger than shown in TobIe lore special cases and wtll
be deCIded upon their merds.
6. Casing sllall be so installed as 10 prevent formation of waterway uader
the ral/woy. It sholl hove even bearing tllroughoutlfs length and shall slope
Iowurd one end
7 Regurdless of the strength of carrier pipe, casings must be prOVIded
at all l~caftt;nS where pIpe crosses under drainage ditches If cover is less
than 3 - 0 Cosl/1g under dtfch may be separate from, or 0 contmuotlon
of casing under track, and must extend a mlf1lmum of 1'-0" beyond lop
shoulders on eacll Side of the dllch.
8. When placed In open cut, pipe lines having diameter of 36" or
less, when crossing tracks other than main tracks and sidings, may
be encased in concrete as shown in Table .II.
9 Where the ends of the casing are below groul/d, they sholl be
sealed to slJIlobly protect ago;nst the entrance of foreign motenol
which might prevent ready removal of the comer pipe
Where tile ends of the casing ore at or above ground surface
and obl/ve high water level, they may be left open, prOVIded drul/1oge
is afforded in such a manner thaI mak(]ge will he conducted
otrOy from tile roadbed ond structures
CARRIER PIPE
I. Carrier pipe sholl be of on approved typ~ willi wof~r -light
joints.
2. Corru9oted. ir"n, smooth steel or concrete carrier pipe
when used wl/haut 0 cos;"9 sholl nOlle Ih~ so"'~ strength
"QUI"rN obot's for casil1gs.
.J Cost iron cttrrier pipe used wilh~t 0 casing sholl /1ol'e 0
Iqickness not less than that specified forC/ass 150 Cost Iron
pIpe
C.S.
174\
TABLE I
THICKNESs OF PIPE CASINGS
,cOR SI/PPORT/IIG TRACK
Inside Corrugat.. Smooth
Oiam~~r Iron Pi e 3tM/ Pipe
laches 1/ S. Std. Via. !hi",t
Gape No. laches
14 Y8
14 '/I.
14 .
12 i'<
/0 'H.
8
TABLE II
CONCRETE ENCASEMENT
FOR PIPES
Number "t
Lonplfudif1a/
f2'" 8ars
4
4
8
8
f2
12
12
~--Yo
4to 10
12
/5,18
21,24
30 36
48,54,60
,..
i~
(~
d
fflches
A
helMs
4
,
10,12
15
18
2/,24.27
30
33
36
5
6
7
8
9
A
A
'f.
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. ..
:~
.'1.. I'
'. A ~:..t.?- -ClNr
.1_" o. (2 V/JICII
. > . ....::.1" '
~(~ . 0.. . o. [) D' :~,
.IL..:..~~.~~......'
.;.: Op p P &I
SOUTH ERN PACI FIC LI N ES
COMMON STANDARD
PIPE LINES
FOR NON-FLAMMABLE SUBSTANCES
CROSSING UNDER TRACK
NO .SCALE
ADOPTED APR. 20,1953
REVISED JAN. 5. 1970