HomeMy WebLinkAboutCSX PIPELINE CROSSING AGREEMENT BUTLER CREEK SEWER EXTENSION
Book 01218:2547 Augusta-Richmond County
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CSXT Form 2037-G -Sheet 2
Revised May 1988
LICENSE FEE, TERM:
2.1 Upon execution of this Agreement, Licensee shall pay to Licensor
following (Licensee shall check and initial one):
'. [~Q (A)
!S1
I
[ ]
(B)
[ ]
(C)
An initial license fee of THREE HUNDRED FIFTY U.S. DOLLARS
($350.00) and thereafter an annual license fee of FIFTY
AND NO/100 U.S. DOLLARS ($50.00), payable annually in
advance on the anniversary date of this Agreement. Such
annual fee shall be subject to periodic review and
adjustment by Licensor. Payment by Licensee of any annual
license fee shall not be held to create an irrevocable
license for any period beyond said one (1) year term.
This license shall remain in effect from year to year,
subject to the right of either party hereto to terminate
at the end of anyone (1) year term by written notice
given to the other ~arty at least thirty (30) days prior.
to the end of such term.
A five (5) year initial license fee of FIVE HUNDRED FIFTY
AND NO/100 U.S. DOLLARS ($550.00). In the event of
termination of this license prior to the expiration of
five (5) years, a prorated refund shall be paid to
Licensee, unless said termination is due to cause of or
default of Licensee - in which event, no refund is
payable. Any further term or renewal must be
renegotiated. License shall be revocable during term only
in event of breach or default by Licensee.
A one-time license fee of ONE THOUSAND FIFTY'AND NO/100
U.S. DOLLARS ($1,050.00). License shall be revocable only
in the event of Licensee's default. License shall also
end upon Licensee's cessation of use for the purpose(s)
above.
: 2.2 In any term, Licensee assumes sole responsibility for and, to the
~nt permitted by State law, shall pay directly (or reimburse Licensor
i any additional taxes and/or assessments levied against Licensor or
~nsor's property solely on account of Pipeline or Crossing.
I
CONSTRUCTION AND MAINTENANCE:
3.1 Licensee, at its sole cost and expense, shall construct,
Itain, relocate, repair, renew, alter, and/or remove said Pipeline, in'a
lent, workmanlike manner, using quality materials and complying with any
Licable standard(s) or regulation(s) of Licensor (Exhibit "A"),
, ,
~nsee s particular industry, A.R.E.A. Specifications, or any
~rnmental body having jurisdiction over the Crossing.
,3.2 Location and construction of Pipeline shall be made strictly in
>rdance with design(s) and specifications furnished to and approved by
I
msor.
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CSXT Form 2037-G -Sheet 3
Revised May 1988
, .
3.3 All Licensee s work and execution of rights hereunder shall be
~rtaken at time(s) satisfactory to Licensor and in a manner so as to
~inate or minimize any impact on or interference with the safe use and
:ation of Licensor's track(s) and appurtenances thereto. In the
I
:allation and/or maintenance of said Pipeline, Licensee shall not use,
losives of any type or perform or cause any blasting without the
irate express written consent of Licensor. As a condition to such
:ent, a representative will be assigned by Licensor to monitor blasting,
Licensee shall reimburse Licensor for the entire cost and/or expense of
lishing said monitor.
3.4 In further consideration for the license or right hereby granted,
insee hereby agrees that Licensor shall not, at any time or in any
ler, be charged or assessed, directly or indirectly, with any part of
:cost of the installation of said Pipeline and appurtenances thereto
~h are on Licensor's property, and/or maintenance thereof, or for the
.ic works project for which pipeline and appurtenances are a part.
PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use by Licensee
:he Crossing for the contracted purpose, Licensee, at its sole cost and
mse, shall obtain all necessary permits or licenses from any federal,
1 or local public authorities having jurisdiction over the Crossing or
intended use, and, to the extent required by State law, shall
~after observe and comply with the requirements of such public
~rities, and all applicable laws and regulations and future
fications thereof.
i
i 4.2 Licensee assumes sole responsibility for failure to obtain such
lits or licenses, any violations thereof, or for costs or expenses of
lliance or remedy.
REPAIRS, COSTS:
5.1 Any repairs or maintenance to Pipeline which are necessary to
.ect or facilitate Licensor's use of its property shall be made by
,nsee promptly, but in no event later than ten (10) days after Licensee
notice as to the need for such repairs or maintenance, whether or not
:' repairs or maintenance result from acts of Licensee, or natural or
her events.
i 5.2 In the event of Licensee's failure to repair or maintain, or in
event such repairs or maintenance generate cost or expense to Licensor
.1uding train delays and/or inability to meet train schedules), Licensee
I be solely responsible for such failure, costs and expense, and, to
fullest extent permitted by State law, Licensee shall reimburse
nsor such costs or expenses as additional rents hereunder.
MARKING AND SUPPORT:
i 6.1
erty,
I
I
With respect to any subsurface installation upon Licensor's
Licensee, at its sole cost and expense, shall:
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CSXT Form 2037-G -Sheet 4
Revised May 1988
1 (A) Erect, maintain and periodically verify the accuracy of
'~ground markers, in a form approved by Licensor, indicating the
L~ion, depth and ownership of Pipeline or other facilities;
(B) Support track and roadbed of Licensor, in a manner
.sfactory to Licensor.
I
i 6.2 After construction of Pipeline, Licensee shall restore said
:k(s), roadbed and other disturbed property of Licensor, and shall leave
~~ in a condition satisfactory to Licensor. Licensee shall backfill with
_~factory material and thoroughly tamp all trenches to prevent settling
:urface of land and roadbed of Licensor, and shall either remove any
11us earth or material from Licensor's property or cause said surplus
:h or material to be placed and distributed at location(s) and in such
ler as Licensor may direct.
,
i
i 6.3
I
I~rty
Upon removal of Pipeline, Licensee shall leave Licensor's
in a condition satisfactory to Licensor.
TRACK CHANGES:
: 7.1 In the event that Licensor's ongoing operating needs and/or
ltenance result in the future raising or lowering of Licensor's tracks,
-r the event future use by Licensor of right-of-way and property
:~uding changes in or additions to Licensor's track(s) or other
lities) necessitate any change of location, height or depth of Pipeline
:~ossing, Licensee, at its sole cost and expense and within twenty (20)
: after notice in writing from Licensor, shall make changes in Pipeline
:tossing to accommodate Licensor's tracks or operations. Any
,rnative costs or expenses incurred by Licensor to accommodate the
inued use of Licensor's property by Licensee shall also be paid by
,nsee.
7.2 Licensee agrees to periodically monitor and verify the 4epth or
;ht of Pipeline and Crossing in relation to Licensor's tracks and
~ities, and to relocate Pipeline or change Crossing, at Licensee's
,rise, should such relocation or change be necessary to comply with the
mum clearance requirements of this Agreement or any public authority. '
i
i PIPE CHANGES:
,8.1 If Licensee undertakes to revise, renew, relocate or change in '
manner whatsoever all or any part of Pipeline (including any change in
umference, diameter or radius of pipe or carrier pipe or change in
rials transmitted in and through said pipe), plans therefor shall be
litted to Licensor for approval before any such change is made. After
oval the terms and conditions of this Agreement shall apply thereto.
I
! INTERFERENCE WITH RAIL FACILITIES:
19.1 If the operation, existence or maintenance of said Pipeline, at
time in the reasonable judgment of Licensor, causes: (a) interference
sical, magnetic or otherwise) with Licensor's power lines,
nication, signal or other wires, train control system, or facilities;.
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CSXT Form 2037-G -Sheet 5
Revised May 1988
b) interference in any manner with the operation, maintenance or use by
nsor of its right-of-way, track(s), structures, pole line(s), devices,
r property, or any appurtenances thereto; then and in either event,
nsee, upon receipt of written notice from Licensor of any such
rference, and at Licensee's sole risk, cost and expense, shall promptly
such changes in its Pipeline as may be required in the reasonable .
ment of Licensor to eliminate all such interference.
i9.2 Without assuming any duty hereunder to inspect Licensee's
1ine, Licensor hereby reserves the right to inspect same and to require
~see to undertake repairs, maintenance or adjustments to Pipeline,
h repairs, maintenance or adjustments Licensee hereby agrees to make
ptly, at Licensee's sole cost and expense.
, LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed
'10.1 Licensee hereby assumes, and, to the fullest extent permitted by
I
e law (Section(s) , Georgia
~tes), shall at all times hereafter indemnify, defend and save Licensor
less from and against any and all liability, loss, claim, suit, damage,
ge or expense which Licensor may suffer, sustain, incur or in any way
ubjected to, on account of death of or injury to any person whomsoever
luding officers, agents, employees or invitees of Licensor), and for
~e to or loss of or destruction of any property whatsoever (including
ents of Pipeline), arising out of, resulting from, or in any way
~cted with the construction, repair, maintenance, replacement,
ence, existence, operations, use or removal of Pipeline or any
yture in connection therewith, or restoration of premises of Licensor
60d order or condition after removal, EXCEPT when caused solely by the
t, failure or negligence of Licensor.
i
I
:10.2 Use of Licensor's property involves certain risks of loss or
-- ,
ge as a result of Licensor s rail operations. Notwithstanding
ion 10.1, Licensee hereby assumes all risk of loss and damage to
, ,
nsee s Pipeline or Property which may result from fire or derailment
ing out of Licensor's rail operations. For this Section the term
ensee's Property" shall include property of third parties situated or
ed upon Licensor's property by Licensee or by such third parties at
est of or for benefit of Licensee.
10.3 Notwithstanding Section 10.1, Licensee also expressly assumes
risk of loss for Licensee's failure to maintain either the required
rances for any overhead Pipeline or the required depth and encasement
any underground Pipeline, whether or not such loss(es) result(s) in
e or part from Licensor's contributory negligence or joint fault.
'10.4 Notwithstanding Section 10.1 or any other provision herein,
nsee assumes all responsibility for, and agrees to defend, indemnify
hold Licensor harmless from (a) all claims, costs and expenses,
uding reasonable attorneys' fees, as a consequence of any sudden or
udden pollution of air, water, land and/or ground water on or off the
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CSXT Form 2037-G -Sheet 6
Revised May 1988
ssing area, arising from or in connection with the use of this Crossing
resulting from leaking, bursting, spilling, or any escape of the
erial transmitted in or through said Pipeline, and (b) any claim or
~ility arising under federal or state law dealing with either such
den or nonsudden pollution of air, water, land and/or ground water
~ing therefrom or the remedy thereof.
,
i
INSURANCE:
11.1 Prior to commencement of surveys, installation or occupation of
mises pursuant to this Agreement, Licensee shall procure, or require any
tractor(s) to procure, and shall maintain during the continuance of this
eement, at Licensee's sole cost and expense, a policy of Public
bility Insurance or Commercial Liability Insurance, naming Licensee as
ured and covering liability assumed by Licensee under this Agreement. A
erage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined
gle Limit per occurrence for bodily injury liability and property damage
bility is recommended as a prudent limit to protect Licensee's assumed
:l.gations.
: 11. 2 If said policy is written on a "claims made" basis instead of an
~urrence" basis, Licensee shall arrange or require its contractors to
ange for adequate time for reporting losses. Failure to do so shall be
. ,
Licensee s sole risk. If said policy does not automatically cover
Jnsee's contractual liability during periods of survey, installation,
ntenance and continued occupation, a specific endorsement adding such
~rage shall be purchased by Licensee or Licensee's contractor.
i
I
I 11.3 Licensor may, at any time prior to commencement of construction
the Project, request evidence of insurance purchased by Licensee or I
ensee's Contractor to comply with this requirement, and may demand that
tinsee or Licensee's Contractor purchase insurance deemed adequate by
~nsor, but not in excess of the insurance specified by this Agreement.;
lure of Licensee or Licensee's Contractor to comply with Licen~or's '
and shall be considered a default by Licensee subject to Article 19.
uring by Licensee of insurance hereunder shall not limit Licensee's
bility under this Agreement, but shall be additional security therefor.
I
11.4 Notwithstanding the provisions of Sections 11.1 and 11.4,
ensee may self-insure in any amount(s) any (all) liability arising under
5 Agreement.
I
GRADE CROSSINGS:
12.1 Nothing herein contained shall be construed to permit Licensee
~icensee's contractor to move any vehicles or equipment over track(s) of
~nsor, except at public road crossing(s), without separate prior written
[oval of Licensor.
FLAGGING:
13.1 If Licensor deems it advisable, during the progress of any
;:truction, maintenance, repair, removal , alteration, change or removal',
;aid Pipeline, to place watchmen, flagmen, inspectors or supervisors for
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CSXT Form 2037-G -Sheet 7
Revised May 1988
tection of operations of Licensor or others on Licensor's property at
:Crossing, Licensor shall have the right to do so at the expense of
ensee, but Licensor shall not be liable for failure to do so.
13.2 Subject to Licensor's consent and to Licensor's railroad
rating rules and labor agreements, Licensee may provide flagmen,
:hmen, inspectors or supervisors, during all times of construction, in
:e of Licensor provision, at Licensee's sole risk; and in such event,
ensor shall not be liable for the failure or neglect of such watchmen,;
gmen, inspectors or supervisors. '
LICENSOR'S COSTS:
14.1 Licensor's expense for wages ("force account work") and
~rials for any work performed at the expense of Licensee pursuant hereto
11 be paid by Licensee within thirty (30) days after receipt of
ensor's bill therefor, subject to Licensee's budgetary rules.
14.2 Such expense shall include, but not be limited to, cost of
ervision, traveling expenses, Federal Railroad Retirement and
nployment Taxes, force account insurance and vacation allowances for
ensor's employees, and insurance and freight and handling charges on all
erial used. Any equipment rentals shall be payable by Licensee in
Jrdance with Licensor's fixed applicable rate.
,
: 14.3 All undisputed bills or portions of bills not paid within said:
[ty (30) days shall thereafter accrue interest at the highest rate
nissible by local law or twelve percent (12%) per annum, whichever is
er. Unless Licensee shall have furnished detailed objections to such
~s within said thirty (30) days, bills shall be presumed undisputed.
TERMINATION, REMOVAL:
,15.1 On or before termination of this Agreement, or within thirty
)1 days of cancellation or revocation, Licensee, at its sole risk and
ense, shall remove Pipeline from the property of Licensor, unless the ,
~ies hereto agree otherwise, and shall restore property'of Licensor in'a
1er satisfactory to Licensor, and reimburse Licensor all loss, cost or'
~nse Licensor may suffer resulting from such removal.
i 15.2 All rights which Licensee may have hereunder shall cease and end
1: the date of expiration of term or revocation; provided, however, that
nination, cancellation or revocation of this Agreement shall not affect
claims and liabilities which may have arisen or accrued hereunder to or
either party, and which at the time of termination, cancellation or
)cation have not been satisfied; neither party, however, waiving any
ens es .
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CSXT Form 2037-G -Sheet 8
Revised May 1988
-i-
. NOTICE:
: 16.1 Licensee shall give Licensor's Division Manager (1590 Marietta'
levard, N.W. - Atlanta, GA 30318) at least five (5) days' written
lce before doing any work of any character hereunder on Licensor's
)~rty, except that in cases of emergency shorter notice may be given to
~nsor's Division Engineer.
116.2 All other notices and communications concerning this Agreement,
II be addressed to Licensee at the address above; and all other notices
~lcensor at the address above, c/o CSXT Property Services J180; or at
l;other address as either party may designate in writing to the other.
; 16.3 Unless otherwise expressly stated herein, all such notices shall
In writing and sent via Certified or Registered Mail, Return Receipt
I
lested, and shall be effective upon actual receipt or upon date of
Isal of delivery.
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: ASSIGNMENT:
,
,
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! 17.1 Licensee shall obtain Licensor's written consent to any
19nment of Licensee's interest herein and shall reimburse Licensor for
loss, cost or expense Licensor may incur as a result of Licensee's
lure to obtain said written consent.
: 17.2 Subject to Sections 2.1 and 17.1, this Agreement shall be
ling upon and inure to the benefit of the parties hereto and their
)~ctive successors or assigns.
TITLE:
i 18.1 Licensee shall not at any time own or claim any right, title or
. , "
~~est in or to Licensor s property occupied by Licensee s Pipe~ine, nor
II the exercise of this Agreement for any length of time give rise to I
right, title or interest in Licensee to said property other than the
~rise herein created.
DEFAULT BY LICENSEE:
19.1 The proper and complete performance of each and every of the
~nants of this license shall be deemed of the essence of this Agreement,
in the event Licensee shall fail or refuse to fully and completely
form any or all of said covenants or remedy any breach within thirty
) days after receiving a written notice from Licensor to do so, Licensor
II have the option of terminating this Agreement, regardless of license
:s) having been paid in advance for any annual or other period, and of ,
)king the privileges and powers hereby conferred upon Licensee.
'BREACH, WAIVER:
20.1 Any waiver by either party at any time of its rights as to any
~nant or condition herein contained shall not be construed as a
nanent waiver of such covenant or condition, or any subsequent breach '
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CSXT Form 2037-G -Sheet 9
Revised May 1988
:eof, unless such covenant or breach is permanently waived in writing by
l 'party.
,LICENSOR APPROVAL, LIMITS:
:21.1 Neither the failure of Licensor to object to any work done,
~rial used, or method of construction or maintenance of said Crossing,
Jny approval given or supervision exercised by Licensor, shall be
;trued as an admission of liability or responsibility by Licensor, or as
liver by Licensor of any of the obligations, liability and/or
)6nsibility of Licensee under this Agreement.
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! ENTIRETY, EXCLUSIVITY:
122.1 This Agreement contains the entire understanding between the
I
~ies hereto.
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!22.2 Neither this Agreement, any provision hereof, nor any agreement
provision included herein by reference, shall operate or be construed as
~g for the benefit of any third person.
!
I FORM, LAW, FORUM:
I
123.1 Neither the form nor any language of this Agreement shall be
erpreted or construed in favor of or against either party hereto as the
e!drafter thereof.
:
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123.2 This Agreement is executed by all parties under current
etpretation of any and all applicable federal, state, county, municipal
I
oFher local statute, ordinance or law. However, each and every separate
ision (paragraph, clause, item, term, condition, covenant or agreement)
ein contained shall have independent and severable status from each ,
er, separate division, or combination thereof, for the determination of
ality, so that if any separate division herein is determined to be
onstitutional, illegal, violative of trade or commerce in contravention
public reason, that separate division shall be treated as a nullity, but
hi holding or determination shall have no effect upon the validity or I
o~rceability of each and every other separate division, herein contained,
apy other combination thereof.
I
,
l23.3 This Agreement shall be construed and governed by the laws of
state in which the Pipeline is located.
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CSXT Form 2037-G -Sheet 10
Revised May 1988
;RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[ None
[ Open-cut or tunneling construction limits
[ Flammable or combustible product limits
[] High tension wire limits
[X] Telecommunication Cable or Fiber Optic line
[] Public Highway or Municipal Occupancy rider
[] Hazardous material transmission
[] Other:
i IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
llcate (each of which shall constitute an original) the date and year
5t above written.
~ess(es) for Licensor:
I
:?
l&n/l&~
}2
By
Title:DlRECT R NTRACTS
CSX Rail Transport
LICENSEE: RICHMOND COUNTY, GEORGIA
ness(es) for Licensee:
BYTYi~~~~
(eEDYloG ..s. /J1<:: 'E2Vl:'e,J )
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CSXT Form 2037-G -Sheet 11
Revised May 1988 ~
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
No construction of any type pursuant or related in any way to this
~ent shall be commenced by Licensee, or by any agent, representative,
'actor, subcontractor of Licensee, without Licensee giving at least
:y (30) days written notice to, and receiving written consent from the
'wing parallel cable occupier(s):
,
x ] ("Lightnet")
Mr. Larry D. Troutman
Director-Facilities Maintenance
LIGHTNET - FMAC
2839 Paces Ferry Road
Overlook II, Suite 1300
Atlanta, GA 30339
Phone No. 1-800-327-9686
x ] ("U.S. Sprint")
Mr. John Fleeman
Manager of Facility Operations
U.S. Sprint Communications Company
3065 Hargrove Road, Suite 465
Atlanta, GA 30339
Phone No. (404) 859-8770 Collect
x ] ("MCI")
Mr. Randy K. Dellinger
MCI Telecommunications Corporation
400 International Parkway
Richardson, TX 75081
Dept. 1106/041
Phone No. 1-800-624-9675
] ("AT&T")
Mr. Robert Ash, Supervisor
AT&T Communications
Central Region
Route 1
2869 North 3501 Road
Seneca, IL 61360
Phone No. 1-800-328-6039
] ("AT&T")
Mr. E. W. Hamilton
AT&T Communications
Southern Region
2315 Salem Road, S.E.
Conyers, GA 30208
Phone No. 1-800-241-3624
] ("AT&T")
Mr. Ed Smith
AT&T Communications
Eastern Region
11820 Leesburg Pike
Herndon, VA 22070
Phone No. 1 (703) 430-5217 Collect
" . Rchmond county
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CSXT Form 2037-G -Sheet 12
Revised May 1988
, [
] ("AT&T")
Mr. Bob Foster
AT&T Communications
Northeastern Region
Box 301, RD 3
Tully, NY 13159
Phone No. (315) 696-8926 Collect
: The notice shall be
an, elevation, details
: ,
c~tion of occupier(s)
accompanied by drawing(s) showing the general
and methods of the proposed construction, and the
cable in relation to the proposed construction.
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I Any changes, alteration, relocation or protection of wire(s), cable(s)
6ccupier(s), required by said occupier(s), shall be at Licensee's
pense and as negotiated between Licensee and said occupier(s).
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i Licensee must locate and protect any existing cable, wire or fiber
~ic line (including any appurtenances thereto) of said cable occupier(s)
ith may traverse or be located in, on, or immediately adjacent to the
)~sing, at Licensee's cost.
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I Licensee shall be solely responsible and liable for any damage (e.g.,
:~ing, dislocating, etc.) to said wire or fiber optic line or cable, and
Jurtenances thereto, resulting in any way from or incident to Licensee's
~icise of rights or privileges under this Agreement. Licensee shall
eJnd, indemnify and hold Licensor harmless from any such damage claims
1 any relocation or protection costs.
Licensor: S:tP /D-If -9J
(Initial) (Date)
Licensee: ~ /0)/90
(Initial) (Date)
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rl f1'IIIG" 7455
. ~ TRANSPORTATION Rev; 1-1-87
APPLICATION FOR PIPELINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND TRACKS
ans for proposed installation shall be submitted to and meet the approval of the Rail- '
npany before construction is begun. Material and installation are to be in strict
Jce with specifications of the American Railway Engineering Association and requirements
rransportation. Original and nine (9) copies of this form shall be submitted, '
Jied by ten (10) lettersize prints of a drawing showing plan, elevation section of
~ frQm field survey, location.in respect to milepost, w~dth of Railroad's right of way,
1 .of adjacent structures affecting crossing, and all information required in Figures l. "
f AREA Specifications, Part 5 - Pipelines. If open cutting or tuneling is necessary,
of sheeting and method of supporting tracks or driving tunnel shall be ,shown.
nplete Leg~b }lame of Applicant Richmond County Water & Sewerage System
lephone: ( ~ 796 - SO 1 S ' .
it Office Address Pn"t nffi rp. Rox S40R
~tnership - name and initials all partners, women - given and surnames before marriage
l present 11 / a
incorporatea, name of state in which incorporated n/a
:ation 4700 feet West (direction) from nearest'RR Milepost
lrest municipality: Grovetown County Richmond
:hin limits of public highway? Yes No ,XX If yes, show the
~!'AAR Crossing No." - -
lporary track support or riprapping required ( ) Yes 6cx) No - Describe
i
I
~ VS
State GeorgIa
road right of way on print
:e~, poles, obstructions to be relocated ( ) Yes <xx) No - Describe
i
Id~ct to be conveyed' . SE'"r~ gP
.. i working pressure &.ravi ty PSI.
:ation of shut-off va ves n/ a
Flammable ( ) Yes (~x) No. Temperature amb i ent
Field test pressure nl a PSI. Type test nl a ' '
'Ei SPECIFICATIONS:
:edal
:erial Specifications and Grade
limum Yield Strength of Material PSI
.ljTest Pre~sure PSI
iide Diameter
,1 i Thickness
:slde Diameter
Ie' of Seam
-ing Lengths
~d of Joints
,
:al Length within RR R/W
iTS: Number n/ a Size
LS: Both ends' brick/mortar
~~ Base of rail to top of casing
,Y: (Not beneath tracks) ,
,Y: (Roadway ditches)
'HODIC PROTECTION: ( ) Yes <xx) No /
'TECTIVE COATING: (xx) Yes ( ) No Kind ,n~l t::lr pn::lmp.l
'e~ size and spacing of insulators or supports III 'lr
,hod of Installation dry bored and Jacked,' ~ee attached plans
application is approved, applicant agrees to reimburse the Railroad for any cost
bv the Railroad incident to installation, maintenance, and/or supervision necessitated
pipeli~ installation, and further agrees to assume all liability for accidents or
which arise as a result of this installation. Should open cut installation be requir~cJ
fundable charge of $ will be required to resurf~~tracks. ~
mnpr 1ft, 1c)RR ~
Title of Officer Signing Application
( - 015
Telephone No.
CARRIER PIPE
Ductile Iron
Ansi A2l. 50
42.000
"2'ravi ty flow
1600 inches
o ~4 in,n
1ft ftR ;n,np"
plJih OIl
20 f~et
T}ush 011
n / a 13 2 f 0 lfIh. above
one end
CASING PIPE
Steel
AWWA c202
40.000
~ravity flow
24.00 inches
o SOO incn
7t; nn in,np"
1J'E' 1 d Prl
CQIltiIlUO'1i "reld
'.\' e 1 ci e (1.
grou~32 foot n/a
32 ft.
7 ft.
n/a ft.
o in.
Sin.
in.
Pleas~ print or type:
.:':"..i
u
Book 01218:2545 Augusta - Richmond County
200902492706/03/2009 11 :13:37.00
$0,00 AGREEMENT
111111111111 1111111111111111111111111111111111111111 11111111
2009024927 Augusta - Richmond County
ler recording, return to
Igusta Utilities Department
tn: Land Acquisition
o Bay Street, Suite 180
Igusta, GA 30901
)6) 312 4143
Form CCB-l
~l~~V
PLEASE DO NOT REMOVE FROM AGREEMENT
lease observe the following when executing the attached instrument:
I.~ Execution on behalf of a CORPORATION should be accomplished by
the President, Vice President or an officer authorized by Board
Resolution to execute legal documents on behalf of the Corporation.
If the Corporate name is set out erroneously in the Agreement, the
document should be executed and the name corrected and initialed
where it appears. (Furnish copy of such Resolution.)
Z._ If Agreement is with an INDIVIDUAL, that individual should sign
the Agreement exactly as the name is set out in the caption of the
Agreement. If the name is set out erroneously in the Agreement,
the document should be executed and the name corrected and
initialed where it appears.
3. If the Agreement is with a PARTNERSHIP, all general members of
the partnership should execute the document unless one member of
the firm has been designated managing partner or expressly by the
partnership to execute this Agreement. (Furnish copy of such
authority. )
4.~ The signatures must be WITNESSED by two (2) witnesses in the
spaces provided.
5. V NAME(S) and TITLE(S) of person(s) executing the document must
----f<' be typed or printed in ink directly beneath signature(s).
S.L. In returning the Agreement, please furnish fee(s) set out in
Article(s) ,;J.) II ($..1,?O ) - :J.t <!.. ($ /0':;-(; ). ~
7...J Initial and date each rider attached to the document following the
-fl execution sheet.
8.+ Furnish Certificate of Insurance as evidenced by Article -1L.
9. " Subsequent to receipt of a fully executed copy of this Agreement,
-rv you must notify the Division Engineer's office at Atlanta, Georgia,
Telephone (404) 350-5392, extending at least five (5) days' advance
notice of the date and time vou desire to perform any work on
"-
D U P L I C ATE
CSXT Form 2037-G -Sheet 1
Revised May 1988
RE-90037
PS\239012C1.FRP
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of the 13th day of January, 1989, by and
between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing
~ddress is 500 Water Street, Jacksonville, Florida 32202, hereinafter;
~alled "Licensor" and RICHMOND COUNTY, a municipal corporation under the
laws of the State of Georgia, whose mailing address is Department of Water
~ Sewerage, 2760 Peach Orchard Road, Augusta, Georgia 30906, hereinafter
11 d "L' "I '
~a e 1censee, W TNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
Jr duct work, for the transmission of raw sewage only, hereinafter called
'Pipeline" under or across the track(s) and property owned or controlled by
[,icensor at or near GROVETOWN, County of RICHMOND, State of GEORGIA, at a
Jpint 4,700 feet westwardly measured along the center line of Licensor's
Dain track(s) from Licensor's Milepost YYG-9, Georgia Subdivision (Station
~o. --), hereinafter called the "Crossi.lliL; as shown on print of Licensee's
)rawing attached hereto and made a part hereof; other details and data!
Jertaining to said Pipeline being as indicated on Licensee's Application
~orm, dated November 16, 1988, also attached hereto and made a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditi6ns,
:erms and agreements herein contained, the parties hereto agree and I
;ovenant as follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority
:0 do so, and subject to:
(A) Licensor's present and future right to occupy, possess ,and
lse its property within the area of the Crossing for any and all purposes;
, (B) All encumbrances, conditions, covenants, easements, and
,imitations applicable to Licensor's title to or rights in the subject
Iroperty; and
I
:~ntained;
(C)
Compliance by Licensee with the terms and conditions herein
loes hereby license and permit Licensee to construct, maintain, repair,
enew, operate, use, alter or change said Pipeline at the Crossing above
'or the term herein stated, and to remove same upon termination.
1.2 The term Pipeline, as used herein, includes pipes, ducts, casing,
ents, manholes, connectors, fixtures, appliances and ancillary facilities
evoted exclusively to the transmission usage above.
..---------..
NIll
00
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w....
-J'<
o
o
710N 1'fE},J
To B~ Handled
meter
{ameter
ness
'l"ial
ion It Grode
IrkIng Pressur~
'oint
InsIde Of Pipe
Outside Of Pipe
f Installation
ProtectIon
CARRIER PIPE'
DomestIc Wastewater
16.00 Inches
16.68 Inches
0.340 Inches
Ductile Iron
ANSI A21.50
Gravity Row
Push On
Cemen t
None
Pushed Through
Nons
N/A
N/A
Tr80ted 71mber
CASING PIPE'
N/A
24.00 Inchtls
25. 00 Inchtls
0.500 Inch6s
Steel
A WWA C202
N/A
Welded
Cool Tor E'namel
Cool Tor E'namel
Bored It Jacked
Nontl
BrIck It Morlar
None
N/A
: \
It Stc. #81.72 Haec
CSX 'Mil. Poet &.88:1: M.H. No. C-J
J Sta. 5+71.72
':P.p,:.- . . / End of Conetructlon
-'~
__ ' __----t
Underground Cabl. Morbi'
Cul~
!! ,
~ ,
,
,
~ tOO'
tOO'
~ ,
, 0 ,
, -~- I
, \
\ J! ~
, ~
,
~\ i~ I
it.) ,
i
i
95
RICHMOND COUNTY GE
SECllON OF
UNDERGROUND R.R. CROSSING C
c.s.x.
RAILRl
FOR BUTLER CREEK
SEWER EXTENSION
RICHMOND COUNTY WATER" SEWERA~E DE
ASSOCIATED PLANNING & RESEARCl
DATE: OCTOBER. 1988
REFeRENCE:
Richmond County Tax Map
RefwenCtl Shetlt No. 82 . 94
f s..... U7e
30' Permanent
Eaaem..t
60' Temporary
ConstructIon
Ea8ement
.
1. EASEMENT NOTE: