Railroad Utility Ease NW A & 20MEMORANDUM
October 30, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Railroad Utility Easement
Water Department Manager Bob Green is recommending City Council approval of a
Utility Agreement with the Chicago Central and Pacific Railroad Company in the amount
of $750 that will allow for the construction of a 16 inch water main along the Northwest
Arterial under the railroad tracks located on the Northwest Arterial (Highway 32), south
of Associates Drive on the west side of the highway.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Bob Green, Water Department Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 15, 2002
TO: Michael C. Van Miliigen, City Manager
FROM: Bob Green; Water Department Manager
DISCUSSION: Railroad Utility Easement
INTRODUCTION: The purpose of this memorandum is to request with your support
that the City Council approves the attached utility easement with the Chicago, Central
and Pacific Railroad Company located on Highway 32 at mile pest W190 + 4,953 feet
in the City of Dubuque in the amount of $750.00 dollars.
DISCUSSION: This Utility Easement will allow the construction of the 16 inch water
main along the Northwest Arterial under the railroad tracks located on the Northwest
Arterial (Highway 32), south of Associates Drive on the west side of the highway.
ACTION REQUESTED: I recommend with your support that the City Council approve
this recommendation to execute two copies of this Utility Agreement with Chicago,
Central and Pacific Railroad Company in the said amount of $750.00 dollars.
Attachments
CC:Pauline Joyce, Administrative Services Manager
Cindy Steinhauser, Assistant City Manager
Mike Brekke, Water Distribution Supervisor
File
Preparer: Rober~ M. Green, Water Department Manager Address: 1902 Hawthorne Street Telephone: 589-4291
RESOLUTION NO. 590-02
APPROVING A COOPERATIVE EASEMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND THE CHICAGO, CENTRAL AND PACIFIC RAILROAD
COMPANY.
Whereas, the City of Dubuque has requested that the Chicago, Central and
Pacific Railroad Company grant to the City an easement for the construction of a
pipeline under railroad tracks located at mile post W 190 + 4,953 feet along
Highway 32 in Dubuque, Iowa; and
Whereas, the City of Dubuque and the Chicago, Central and Pacific
Railroad Company desire to enter into the Cooperative Easement Agreement, a
copy of which is attached hereto, which sets out the rights and responsibilities of
the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. The Cooperative Easement Agreement between the City of
Dubuque and the Chicago, Central and Pacific Railroad Company attached hereto
is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute two
copies of the Cooperative Easement Agreement.
Passed, approved and adopted this 4th day of November, 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy Ci-ty Clerk
LICENSE FOR UNDERGROUND PIPELINES~ CABLES AND CONDUITS
THIS AGREEMENT made in duplicate this 8th day of October, 2002, between
CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, party of the first part,
hereinafter called the Railroad, and
City of Dubuque
1902 Hawthorne St.
Dubuque, Iowa 52001-1416
pILE: P-84391
Party or parties of the second part, hereinafter called the Licensee,
WITNESSETH:
1. In consideration of a one time fee of $750.00 in hand paid by the Licensee to the
Raikoad, the receipt whereof is hereby acknowledged and the faithful
performance by the Licensee of the covenants herein contained, the Railroad,
insofar as it lawfully may, hereby grants to the Licensee license and permission to
construct and maintain a 16" water line in a 26" steel casing pipe (whether one or
more pipes, cables or conduits hereinafter referred to as the "pipeline") across,
along and underneath the property of the Railroad at Mile Post W 190 + 4,953' at
Dubuque, Ia.
said pipeline being more particularly shown upon the exhibits hereto attached and
made a part hereof, subject to the following conditions and specifications:
2. Licensee shall pay Railroad none per annum payable n/a years in advance and
every n/a years thereafter as rental for this license and permission. The annual
payment is subject to change by Railroad at any time and from time to time after
the fifth anniversary of this Agreement, upon notice to Licensee. In the event said
payment is increased, Railroad shall not have the right to make another increase
for at least five years from the effective date of such increase.
3. The license and permission herein granted to Licensee are subject and
subord'mate; however, to the rights in Raikoad, its successors and assigns, its
grantees, lessees and licensees, to construct, reconstruct, operate, use, maintain,
repair and renew on, beneath or above the property covered hereby, any
structures, improvements or facihties of similar or different character as are now
or in the future may be located on, beneath or above said properties.
Page 2.
4.Licensee shall, except in emergencies, give not less than 72 hours written notice
to Railroad of the day, hour and location that it proposes to undertake any
construction or maintenance work and in the event of an emergency shall notify
Railroad as soon as possible.
Licensee shall require each of its contractors and subcontractors to observe and
conform to the conditions and requirements specified herein; and for the purposes
of the safety, protective and indemnification provisions hereof, such contractors
and subcontractors, their agents, servants and employees, and other persons on the
Railroad property at the invitation of the Licensee, its contractors or
subcontractors, shall be deemed the agents or employees of the Licensee.
5.Licensee shall, at no expense to Raikoad, obtain all permits and approvals
required to exercise this license and Licensee shall install, maintain and operate
its facilities in accordance with all requirements of lawful public authority.
Licensee shall be responsible for any taxes, assessments and charges made against
the pipeline or other of Licensee's facilities on Railroad's property or the
operation of any of them.
6.The pipeline shall be installed at least 8 feet below the tracks of the Railroad,
measured from base of rail to top of pipeline or, if no tracks are located on the
property, at least 3 feet below natural ground, measure from top of ground to top
of pipeline. Said pipeline shall be constructed of such material and in such a
manner as will assure the safety of Railroad. Railroad's authorized representative
shall have the right, but not the duty, to require certain materials or procedures to
be used or to supervise the construction, maintenance, restoration or other work
on Raikoad's property. If in the opinion of Railroad's authorized representative
casing of the pipeline is required at the time of installation or at any time
subsequent thereto, Licensee shall promptly arrange for such casing at its own
risk and expense.
7.If, in the opinion of the authorized representative of Railroad the work to be done
by the Licensee pursuant to this agreement will make necessary or desirable any
change in the Railroad's facilities, or those of the Railroad's tenants or licensees,
on the Raikoad's property, the Raikoad shall have the right, but not the duty, to
make such changes, the expense thereof to be borne by the Licensee.
Rairoad shall have the right, but not the duty, to furnish flagging or other
protection or to perform work to support its tracks or otherwise protect its
property or facilities at any time, at Licensee's sole risk and expense.
Page 3.
8.Licensee agrees at any time, or from time to time, at its own risk and expense,
upon request of the authorized representative of the Raikoad, to make such
change or changes as may be necessary in the opinion of said representative to
accommodate any change or improvments which Railroad may desire to make in
or upon its property. In case Licensee shall fail within thirty (30) days after notice
from Railroad to make such change or changes, Railroad shall have the right, but
not the duty, to make such change or changes, or remove Licensee's facilities
from said property at the risk and expense of Licensee.
9.Licensee shall at its expense take such measures as may be necessary and
adequate in connection with its property or the property of railroad to protect
facilities of Railroad and those of others using Railroad's property fi'om
interference by induction, conduction, physical contact or otherwise attributable
to the exercise by Licensee of the license granted to it.
In the event Raikoad advises Licensee to take any action to protect Railroad, its
facilities or facilities on Railroad's property, Licensee shall promptly take the
indicated action, including, but not limited to, stopping the operation of the
pipeline. If Licensee fails to do so, Raikoad shall have the right, but not the duty,
to perform on behalf of Licensee at the sole risk and expense of Licensee.
10.In the event Raikoad elects to renew, replace, repair or alter any tracks or other
facilities or to construct new facilities or to make other use of the property
covered by this license, and in connection therewith requires the removal of any
facilities placed by Licensee on Railroad's property or should any facilities of
Licensee need renewal or repair, Licensee shall, within 30 days of receipt of
notice, arrange for such removal, renewal or repair at Licensee's risk and expense.
In the event removal is required, the facilities shall be relocated at such location
on Raikoad's property as is designated by Railroad, provided that Railroad's
authorized representative determines that a location is reasonably available.
Renewal or repair shall be to such condition as is indicated by Raikoad's
authorized representative. If Licensee fails to comply with the foregoing,
Raikoad shall have the right, but not the duty, to remove, renew or repair such
facilities at the sole risk and expense of Licensee.
11.Cost and expense for work preformed by the Railroad pursuant to this agreement
shall consist of the direct cost of labor and material plus Raikoad's standard
additives in effect at the time the work is performed. All payments required of
Licensee under this agreement shall be made promptly upon presentation of a bill.
Page
12.Licensee, as a further consideration and as a condition without which this license
would not have been granted, agrees to indemnify and save harmless Railroad, its
officers, employees and agents and to assttme ail risk, responsibility and liability
for death of, or injury to, any persons, including, but not limited to, officers,
employees, agents, patrons and licensees of the parties hereto, and for loss,
damage or injury to any property, including but not limited to, that belonging to
the parties hereto (together with ail liability for any expense, attorneys' fees and
costs incurred or sustained by the Raikoad, whether in defense of any such
claims, demands, actions and causes of action or in the enforcements of the
indemnification rights hereby conferred) arising fi:om, growing out of, or in any
manner or degree directly or indirectly caused by, attributable to, or resulting
fi:om the grant or exercise of this license or the construction, maintenance, repair,
renewai, alteration, change, relocation, existence, presence, use, operation, or
removai of any structure incident thereto, or from any activity conducted on or
occurrence originating on the area covered by the license regardless of the
negligence of Railroad, its officers, employees and agents. Licensee further
agrees to release and indemnify and save harmless Railroad, its officers,
employees, agents, patrons or invitees from ail liability to Licensee, its officers,
employees, agents or patrons, resulting fi:om raikoad operations at or near the area
in which the license is to be granted whether or not the death, injury or damage
resulting therefrom may be due to the negligence of the Raikoad, its officers,
employees or agents or otherwise. At the election of Raikoad, the Licensee, upon
receipt of notice to that effect, shall assume or join in the defense of any claim
based upon ailegations purporting to bring said claim within the coverage of this
section.
13. It is expressly understood Railroad does not warrant title to the premises and
Licensee accepts the grant of privileges contained herein subject to all lawful
outstanding existing liens and superior rights. Licensee agrees it shall not have to
make any claim against Raikoad for damages on account of any deficiency in title
and agrees that in the event of failure or insufficiency of such title the sole remedy
of Licensee shail be the right to return of the consideration paid in advance,
provided for herein, or a proportionate part thereof in the event of a partial
deficiency or insufficiency of title. Licensee further agrees to indemnify and save
harmless the Raikoad and to assure all risk, responsibility and liability (including
any expenses, attorneys' fees and costs incurred or sustained by Railroad) arising
fi:om, growing out of, or in any manner or degree directly or indirectly attributable
to or resulting fi:om any deficiency or insufficiency of its title affecting the right
of the Railroad to make this grant.
Page
14.This agreement shall continue in force indefinitely from and after the date hereof,
subject, however, to the right of either party to terminate this agreement as to the
entire pipeline and all of the facilities of Licensee, or any part thereof, at any time
or from time to time, as it may require, upon giving the other party ninety (90)
days notice in writing of its desire to terminate this agreement, and indicating in
said notice the extent of said line and facilities to which such termination shall
apply. When this agreement shall be terminated as to the entire line and all of the
facilities of Licensee or as to any part thereof, Licensee within thirty (30) days
after the expiration of the time stated in said notice, agrees at its own risk and
expense to remove said facilities from the property of Railroad, or such portion
thereof as Railroad shall require removed, and to restore the railroad premises to a
neat and safe condition, and if Licensee shall fail to do so within said time,
Railroad shall have the right, but not the duty, to remove and restore the same, at
the risk and expense of Licensee. Nothing herein contained shall be construed as
conferring any property right on Licensee.
15. In case Railroad shall at any time, or from time to time, require the removal of
only a portion of said pipeline, this agreement shall continue in force and be
applicable to the portion of portions of said pipeline and other facilities remaining
from time to time until said entire pipeline has been removed and the rental shall
be adjusted accordingly.
16. Nothing in this agreement shall be construed to place any responsibility on
Raikoad for the quality of the construction, maintenance or other work performed
on behalf of Licensee hereunder or for the condition of any of Licensee's
facilities.
Any approval given or supervision exercised by Railroad hereunder, or failure of
Ralkoad to object to any work done, material used or method of construction,
reconstruction or maintenance, shall not be construed to relieve Licensee of its
obligations under this Agreement.
17.This Agreement shall not be binding on either party hereto until all parties have
executed the space provide below.
18.If required by Railroad this Agreement shall include the additional terms and
conditions contained in Appendix 1. In order to provide that Appendix 1 be
applicable, Raikoad shall require execution of the appendix by all parties at the
Page 6.
time this Agreement is executed and a copy of said Appendix 1 shall be attached
hereto and made apart hereof.
19. This agreement shall be binding on the successors and assigns of the parties
hereto, but no assignment hereof by the Licensee, its successors, legal
representatives or assigns, shall be binding upon the Railroad without its written
consent in each instance.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed in duplicate, the day and year first above written.
CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY
By:
P. Marshall, Vice President - Midwest Division
CITY OF DUBUQUE
By:
Name And Title
Questionaire to be used in making application
for license to install pipelines that will cross under
Tracks of the Railroad Company
To: Daryl Lang
From: Greg Bastian
Date: October 1, 2002
Subj: Proposed Water Line Crossing by City of Dubuque, File No. P - 8439
There is no objection to the proposed crossing, the following comments apply:
The location is Mile Post W 190 + 4953.
Note that the size of the casing pipe has been increased to 26 inches, per conversation
with Dave Schechinger on this date. This was done at the City's request.
Railroad right-of-way is 100 feet at this location.
There are no flashers or wayside signals at this location.
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