Resolution 92-07
~ fj,)"1
RESOLUTION NO.
q,{)- ~- cJS 9 d~/J
A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE
CITY MANAGER AND CITY SECRETARY TO EXECUTE CERTAIN DOCUMENTS
RELATING TO THE PLATTING AND DEVELOPMENT OF OAKRIDGE
SUBDIVISION IN THE CITY OF WYLIE, TEXAS.
WHEREAS, developers of certain tracts of land in the City,
to be known as oakridge Subdivision have sought
and received preliminary plat approval for their
prospective development; and
WHEREAS, the City has, through its planning and engineering
department, made approval of the final plat
conditional on meeting certain requirements which
include, among other things, presentation of
easement documents, dedication of right-of-way,
and related matters; and
WHEREAS, one of the aforesaid requirements was to obtain a
License agreement from Dallas Area Rapid Transit
(DART) for utility boring under the existing rail-
road tracks which said agreement has been drafted
and presented to the City for signature and
approval at this time:
HOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF WYLIE, TEXAS, AS FOLLOWS:
section 1
That the City Manager Steven P. Norwood be, and he hereby
is authorized to execute, on behalf of the City that certain
License agreement between the City and Dallas Area Rapid
Transit, a copy of the same being attached hereto as Exhibit
1 and incorporated herein by reference.
Section 2
That the City Manager be further authorized to execute any
and all other documents necessary and incident to the
carrying out of the aforesaid license agreement.
Section 3
That the City Manager is further authorized to execute, on
behalf of the City such other easement, acceptance, and
other agreements as may be reasonably required by the City,
the developers, their agents, necessary and incident to the
development of the Oakridge Subdivision.
PASSED AND APPROVED by the governing body of the city of
Wylie this 25th day of August, 1992.
ATTEST:
flu:tru {!Ql~
City Secretary I ~ Trr.JC:.,
AGREEMENT #
LICENSE AGREEMENT
THAT THIS AGREEMENT, made this day of ,
19 , by and between DALLAS AREA RAPID TRANSIT, ("DART"), a
regional transportation authority, created, organized and existing
pursuant to Article 1118y, V.A.T.C.S., as amended (the "Act"), and
CITY OF WYLIE ("Licensee"), acting herein by and through its duly
authorized officer, whose mailing address is P. O. Box 428, Wylie,
Texas (75~~~~I T N E SSE T H:
In consideration of (1) FIVE HUNDRED AND NO/100 ($500.00)
DOLLARS cash in hand paid by Licensee to DART, and (2) the
fai thful performance by Licensee of all of the covenants and
agreements contained in this Agreement to be performed by
Licensee, DART HEREBY GRANTS A LICENSE to Licensee for the purpose
of constructing, installing, operating and maintaining an eight
(8") inch water pipe line crossing (the "Permitted Improvements")
at Mile Post 580.92 in Wylie, Collin County, Texas, more
particularly described in Exhibit "A-1" and "A-2" attached hereto
and incorporated herein for all pertinent purposes, (the
"Property").
The property shall be used by Licensee solely for the purpose
of (1) constructing, installing, operating and maintaining one
8-inch water pipe line crossing (the "Permitted Uses") .
Licensee's right to enter upon and use the Property shall be
limi ted solely to the Permi tted Uses and the permi tted
Improvements.
This License is granted subject to the terms and conditions
set out below.
1.
subject,
herein.
Term.
however,
The term of this license shall be perpetual
to termination by either party as provided
2. Non Exclusive License. This license is non-exclusive
and is subject to (a) any existing utility, drainage or
communication facility located in, on, under, or upon the Property
owned by DART, any railroad, utility, or communication company,
public or private; (b) to all vested rights presently owned by any
railroad, utility or communication company, public or private, for
the use of the Property for facilities presently located within
the boundaries of the Property; and (c) to any existing lease,
license or other interest in the Property granted by DART to any
individual, corporation or other entity, public or private.
3. Desiqn. Construction. Operation and Maintenance. DART's
use of the Property~nd adjoining property will include the use of
electrically powered equipment. Notwithstanding DART's inclusion
within its system of measures designed to reduce stray current
which may cause corrosion, Licensee is herel1y warned that such
measures may not prevent electrical current being present in
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WYLIELIC.DOCjms
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could produce corrosive effects to the Permitted Improvements.
3.01. All design, construction, reconstruction,
replacement, removal, operation and maintenance of the Permitted
Improvements on the Property shall be done in such a manner so as
not to interfere in any way with the operations of DART or other
railroad operations, if any. In particular, cathodic protection
or other stray current corrosion control measures of the Permitted
Improvements as required shall be made a part of the design and
construction of the Permitted Improvements.
3.02. During the design phase and prior to
commencing construction on the Property, a copy of the
construction plans showing the exact location, type and depth of
the construction, any cathodic protection measures and any working
area, shall be submitted for written approval to DART and the
Railroad, if any, (the "Railroad", whether one or more), when the
construction is going to be within the area of Railroads
operations. Such approval shall not be unreasonably withheld. No
work shall commence until said plans have been approved by DART
and Railroad.
3.03. By acceptance of this license, Licensee
agrees to design and construct the Permitted Improvements in such
a manner so as not to create a hazard to the use of the Property,
and further agrees to pay any damages which may arise by reason of
Licensee's use of the Property under this Agreement.
3 . 04 . By acceptance of this license, Licensee
covenants and agrees to institute and maintain a reasonable
testing program to determine whether or not additional cathodic
protection of its Permitted Improvements is necessary and if it is
or should become necessary, such protection shall be immediately
instituted by Licensee at its sole cost and expense.
3.05. Absence of markers does not constitute a
warranty by DART that there are no subsurface installations on the
Property.
4. Governmental Approvals. Licensee, at its sole cost and
expense, shall be responsible for and shall obtain, any and all
licenses , permits, or other approvals from any and all
governmental agencies, federal, state or local, required to carry
on any activity permitted herein.
5. DART's Standard Contract and Insurance. No work on the
Property shall be commenced by Licensee or any contractor for
Licensee until such Licensee or contractor shall have executed
DART's Standard Contractors Agreement covering such work, and has
furnished insurance coverage in such amounts and types as shall be
satisfactory to DART.
6. Dutv of- Care in Construction. Licensee or its
contractor shall use reasonable care during the construction
period and thereafter, to avoid damaging any existing buildings,
equipment and vegetation on or about the Proper~y and any adjacent
property owned by or under the control of DART. If the failure to
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WYLIELIC.DOCjms
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use reasonable care by the Licensee or its contractor causes
damage to the Property or such adj acent property, the Licensee
and/or its contractor shall immediately replace or repair the
damage at no cost or expense to DART. If Licensee or its
contractor fails or refuses to make such replacement, DART shall
have the right, but not the obligation, to make or effect any such
repair or replacement at the sole cost and expense of Licensee,
which cost and expense Licensee agrees to pay to DART.
7. Environmental Protection.
7.01 Licensee shall not use or permit the use of
the Property for any purpose that may be in violation of any laws
pertaining to health or the environment, including without
limitation, the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 ("CERCLA"), the Resource Conservation
and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the
Texas Solid Waste Disposal Act.
7.02. Licensee warrants that the Permitted Use of
the Property will not result in the disposal or other release of
any hazardous substance or solid waste on or to the Property, and
that it will take all steps necessary to insure that no such
hazardous substance or solid waste will ever be discharged onto
the Property by Licensee or its Contractors.
7.03. The terms "hazardous substance" and
"release" shall have the meanings specified in CERCLA and the
terms "solid waste" and "disposal" (or "disposed") shall have the
meanings specified in the RCRA; PROVIDED, HOWEVER, that in the
event ei ther CERCLA or RCRA is amended so as to broaden the
meaning of any term defined thereby, such broader meaning shall
apply subsequent to the effective date of such amendment; and
PROVIDED FURTHER, that to the extent that the laws of the State of
Texas establish a meaning for "hazardous substance", "release",
"solid waste", or "disposal", which is broader than that specified
in either CERCLA or RCRA, such broader meaning shall apply.
7.04. Licensee shall indemnify and hold
harmless against all cost of environmental clean up to
Property resulting from Licensee's use of the Property under
Agreement.
DART
the
this
8. Mechanic's Liens Not Permitted. Licensee shall fully
pay for all labor and materials used in, on, or about the Property
and will not permit or suffer any mechanic's or materialmen's
liens of any nature to be affixed against the Property by reason
of any work done or materials furnished to the Property at
Licensee's instance or request.
9. Maintenance of Completed Improvements. After the
Permitted Improvements have been constructed, they shall be
maintained by the ,"'Licensee in such a manner as to keep the
Property in a good and safe condition with respect to Licensee's
use. In the event the Licensee fails to maintain the Property as
required, upon discovery, DART shall notift Licensee of such
occurrence in writing. In the event Licensee shall not have
WYLIELIC.DOCjms
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remedied the failure within ten (10) days from the date of such
notice, DART shall have the right, but not the obligation to
remedy such failure at the sole cost and expense of Licensee. In
the event DART exercises its right to remedy Licensee's failure,
Licensee agrees to immediately pay to DART all costs incurred by
DART upon demand.
10. Future Use bv DART.
10.01. This license is made expressly subject and
subordinate to the right of DART to use the Property for any
purpose whatsoever.
10.02. In the event that DART shall, at any time
subsequent to the date of this Agreement, at its sole discretion,
determine that the relocation of the Permitted Improvements shall
be necessary or convenient for DART's use of the Property,
Licensee shall, at its sole cost and expense relocate said
Permi tted Improvements so as not to interfere wi th DART's or
DART's assigns use of the Property. In this regard, DART may, but
is not obligated to, designate other property for the relocation
of the Permitted Improvements. A minimum of thirty (30) days
written notice for the exercise of one or more of the above
actions shall be given by DART.
11. Relocation Benefits. The parties hereto agree that the
construction of the Permi tted Improvements on the Property is
subsequent to the acquisition of the Property by DART and that the
Licensee has and asserts no claim under the Act, or otherwise,
regarding the paYment of any and all relocation benefits and that
all costs associated wi th any relocation of such Improvements
shall be borne by the Licensee.
12. Duration of License. This license shall terminate and
be of no further force and effect (a) in the event Licensee shall
discontinue~ or abandon the use of the Permitted Improvements; (b)
in the event Licensee shall relocate the Permitted Improvements
from the Property; (c) upon the expiration of the Term of License;
or (d) upon termination in accordance with paragraph 17 of this
Agreement, whichever event first occurs.
13. Compliance with Laws and Requlations. Licensee agrees
to abide by and be governed by all laws, ordinances and
regulations of any and all governmental enti ties having
jurisdiction over the Licensee and by railroad regulations,
policies and operating procedures established by the Railroad, or
other applicable railroad regulating bodies, and Licensee agrees
to indemnify and hold DART harmless from any failure to so abide
and all actions resulting therefrom.
14. Indemnification. Licensee agrees that it will protect,
save and keep DART and Railroad forever harmless and indemnified
against and from any penalty or damage or charge imposed for any
violation o~ any law or ordinance, whether occasioned by the
neglect of Licensee, its employees, officers, agents, contractors,
or assigns, or those holding under Licensee and that Licensee will
at all time protect, indemnify and, it is the express intention of
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WYLIELIC.DOCjms
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the parties hereto that Licensee hold DART and Railroad harmless
against and from any and all loss, cost, damage or expense,
including attorney's fees, arising out of or from any accident or
other occurrence on or about said Property, whether or not caused
or contributed to by the presence or operation of DART or DART's
equipment, structures, vehicles, or facilities or by negligence or
alleged negligence on the part of DART, its employees,
contractors, subcontractors or invitees causing injury to any
person or property and will protect, indemnify and hold DART and
the Railroad harmless against and from any and all claims and
against and from any and all loss, cost, damage or expense,
including attorney's fees arising out of any failure of Licensee,
its employees, officers, agents, contractors or assigns in any
respect to comply with and perform all the requirements and
provisions hereof.
15. Action Upon Termination of License. At such time as
this license may be terminated or cancelled for any reason
whatever, Licensee, upon request by DART, shall remove all
improvements and appurtenances owned by it, situated in, under or
attached to the Property and shall restore the Property to the
condition existing at the date of execution of this License, at
Licensee's sole expense.
16. Assianment. Licensee shall not assign or transfer its
rights under this Agreement in whole or in part, or permit any
other person or entity to use the License hereby granted without
the prior written consent of DART which DART is under no
obligation to grant.
17. Methods of Termination. This Agreement may be
terminated in any of the following ways:
17.01. Written Agreement of both parties;
17.02. By either party giving the other
party thirty (30) days written notice.
17.03. By either party, upon failure of the
other party to perform its obligations
as set forth in this Agreement;
17.04. Expiration of.the Term.
18. Miscellaneous.
18. 01. Notice. When notice is permitted or
required by this Agreement, it shall be in writing and shall be
deemed delivered when delivered in person or when placed, postage
prepaid, in the U. s. Mail, Certified, Return Receipt Requested,
and addressed to the parties at the following addresses:
LICENSOR: Dallas Area Rapid Transit
601 Pacific Avenue
Dallas, Texas 75202
:- Attn: Manager of Right-of-Way
LICENSEE: city of Wylie
P. o. Box 428
Wylie, Texas 75098
I
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WYLIELIC.DOCjms
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Either party may from time to time designate another and different
address for receipt of notice by giving notice of such change of
address.
18.02. Attornev Fees. Any signatory to this
Agreement who is the prevailing party in any legal proceeding
against any other signatory brought under or with relation to this
Agreement shall be entitled to recover court costs and reasonable
attorney fees from the non-prevailing party.
18.03 Governing Law. This Agreement shall be
construed under and in accordance with the laws of the state of
Texas.
18. 04 Entiretv and Amendments. This Agreement
embodies the entire agreement between the parties and supersedes
all prior agreements and understandings, if any, relating to the
Property and the matters addressed herein, and may be amended or
supplemented only by a written instrument executed by the party
against whom enforcement is sought.
18.05. Parties Bound. This Agreement shall be
binding upon and inure to the benefit of the executing parties and
their respective heirs, personal representatives, successors and
assigns.
18.06. Number and Gender. Words of any gender
used in this Agreement shall be held and construed to include any
other gender; and words in the singular shall include the plural
and vice versa, unless the text clearly requires otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement
in multiple originals this day of , 19___
LICENSOR:
DALLAS AREA RAPID TRANSIT
By:
JACK W. EVANS
Executive Director
LICENSEE:
CITY OF WYLIE
By:
Printed Name:
Title:
APPROVED AS TO FORM:
JOHN T. HOEFT, General Counsel
DART
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WYLIELIC.DOCjms
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EXHIBIT "A-l"
APPLlCAHT-TO FILL-IH At HfORMATIOff.LJHES OR H/A.IF ITOOel Jf APPLY.
. ~. NEW.,JHST.u.I.ATIOH
. c:J RECOHSTRUC110H
. PIPE', LINE-.' CARRYING
c:=I. FLU.L\QBLE OR HAZA~O(JS SUBSTANCES
. (: SEE RAILROAD STANDARD COS. 1742 ) .
.~ . .,.
.~ WOH~FLA~LE SUBSTANCES
. t SEE RAILROAD STAHO~D C.S. 1741 )
c:=I ' CULVERT
APPUCAXT COlHa Bt:'::IWESS AS: IDOMOU.....1 I IcoRPOR...non~ ~7lE~IPTl ~!lJCiRALIT!.LJ
APPLICANT ~_~:!!:~_~.~~s N~w . __~nte~nation<!1...J..Il~-=---~-._'7-__~~~.t::.____
ADDRESS _~~_~JL~J..~ ~nic__La..!!~_:.fud.t.e.-Zl2--__-_______._ _ ._____. _______
CITY ..P~JJ~~_~..__ STATE _~zsu;_____._,__ ZIP _Z.2?,~Q.n_.____;'"
COUNTy~..-P~2-18:~______ _----- PHONE ._J1.~~2..2~~_:.q~9_q_____
. CONTACT PERSON __.rim !~tt ,.F'. E: ____ PHOHE1..__l~!..~~ 2 7~::!!522.._::".___
FACILITY _..~_!?Jd~tlJ;iaL$..l:1bdi visi<m-____ ______._______.__.______
on ,.....1' '''''id' 1"" 1 ........ ~ p.l
.. PURPOSE ~_...w~eJ:.._ ~o..e - res ..pn_' ;I. wa~llp. ~---------._____________
IF PIPE OR CASING DIA),ETER IS GREATER THAN 3'-6. APPLICANT SHALL SUBMIT
ENGINEERING PLANS. 'CALCULATIOHS:-;SPECIFICATIONS. AND SOILS REPORT.
. .,.,.., Crossing is at Commerce Street or go
01 ST NiCE TO PERMANENT RAILWAY S-mUC11JRE ..NE-..fi.,.Q.Qo...LE....ti.ong the R. R. to F. M. 341
ANGLE OF CROSSING WITH TRACKS .. 900 _:....-_ ______ crossing in Wylie, TX
SOIL CLASSIFICATION .___Cla~ (CH) ________________
PIPE SLOPE OR GRADlEiIT... 0.2%, _________
CARRIER
PIPE
_~.t~_
CASING
PIPE
. CONTENTS TO BE HANDLED . _:i.-"~'. ,..
NO-.rINAL:DIAMETER . . ....~._..
PIPE WATERIAL ..,.. _.' .
. SPECIFICATION AND GR-'DE ....,. '.
WALL' THICKNESS .". .
OPERATINS PRESSURElJ.U.XJ.lIUId PRESSURE
JdINIW... YIELD STRENGTH
TYPE OF JOINT -'. '.
COATING '),(ATERIAL ~
. . :::-.:-. ..- --
.loETHOD OF INSTALLATION " .. ... .'. .';. .. . -. . ~W_ _29.~___
LOCATION OF BORING OR JACKING PIT. FRO" CENTERLINE OF TRACK .5~_CULJ:la.th !';i nps
LENGTH OF CA.SIN~ (ACTUAU . . :..~'.<' :- .
i'DISTANCE 'OF CASING PERPENJIcut..a.iffi'ow ~HTERLlNE OF TRAO< L 2.2.~_ R 55'_
VENTS: NUIoeER_(L SIZE---= DISTAHCE OUT FRO'" CENTERLINE L __-=-__ R
DISTAHc:E TO SHUT-aFF VALVES ON EACH SIDE OF R/'tt:. . L .lJ~__ R 20
BURY: BASE OF RAJL TO TOP OF CASING' . . .....:....-......5...0'
BURY:~-:-ROADWAY DITc-fES . ~.'.~~. .0... . __..A.D'
TYPE.~SIZE"'UO!) 'SPACING OF INSULATORS 'OR . SUPPORTS' .. _ ,~ ..
SEALS'; AT'. ENOS' OF CASINC:- :'BOTH 'EHOS.~.,. X ~OHE -END' -
CATMOOIC"PROTECTION ~..~ . "'-.-.'" - .,
cAsING' FrLuR'~ . ..
LONGITUDINAL'. P IPELINES . .,:~ -....;. ...,
:=- -. -DISTANCE. FRO" TRACX'CENTERLlNE . . r:.. N/A R
D€PTH 'OF BURY TO TOP. OF PIPE .. . . WIN. w,AY
.!iEI~.~. F~OW"~ASE O.F..JIAJCTO, TO~,OF' PIPE. .,.,..WIN. IIH
.... .....-....;..- ~ ........ -;--=;.- I' - ..... .
"'-':f~~t(SUBST~CE' PIPELIN::: cUss LOCATION _.!L~__ DESIGN FACTOR ,__~.-:.;---=.. ,~-
--:....--.--...... . - ...
": 'APPROXIMATE' DATE" WORK'J'tJLL BE DONE' 11-91
:, :~.."='".;"'. ~_.- . . '. , .
, ":,' WINUAUa.4 OF 5 DAYS NOTICE REQUIRED PRIOR TO ENTRY FOR CONSTRUCTION
_8:~__
12 '~___
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.sch....4D_: 35..000 ..?SI
. _Q~_9...?::'_ D..L 16 II _
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"'UNDERBROUND FlBRE OPTI~ CABLE YAY BE LOCATED ON RlaiT-OF-WAY. CONTACT
. S.P~ TELECOW AT'IBCOJ 283--4237 TO VER.JFY LOCATION AND PRIOR TO DJG9IHB..
. EH..c..STAKlARC.PIPEL'HE-XIHC;
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