HomeMy WebLinkAbout69- Northern Pacific Easement
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1-AAtG.^1Iml CM1AL, DRAIt!A.C[ CAt1J.L, WATER rlr[ OR SEWEr~ PIPE PERMIT. .' . R.W.17 5-64
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No. 101.518
NORTHERN PACIFIC RAILWAY COMPANY, hereinofter called Railway Company, hereby permits CITY OF BOZEIfAN"
8 municipal oorpQration of the State of MOntana,
hereinafter coiled Permittee, to construct, operate, and
maintain the following focilities upon its right of woy at the looat1on d..01"1bed 819 follows:
A twenty (20) inch sanitary sewer pipe line upon RallwayC~
pany'o Main Line right of way in Sections 25. 26 and 36, Townsh1p 1 South.
Range 5 Eaet and Seotion 31, 'lawnahip 1 South, Range 6 East, Jl)ntana Prin-
olpal "rid.ian, Oallat1n County" IIontana near Bozeman station, beginning
at a point distant 200 feet northeasterly, .aBured. at right angles, from
the oenter l1ne of Railway Company's main traok as originally oonstructed
and distant 3,,071.9 feet northwesterly, measured along said eenter line,
from lale POlt 141 (which 111e Post is located at Railway Engineering
Station 7445 plus 00 in said center line); thenQe southerly to a point
distant 195 feet, more cr lese, northeasterly. measured at right angles
from said center l1ne and distant 3090 t.et northwesterly, mea.urad alo~
said oenter line, tram Baid 1[1e Post; thence northwesterly parallel with
said center line 2330 f.et where asid pipe line leaves said right of way;
also
(continued on "verse side)
This permission is given upon the following terms,
I. Permittee will poy in odvonce to Railwoy Compony for this permit the sum of Two Hundred and lfo/100
Dollars '$200.00) per year.
0150 all toxes and assessments that may be levied or ossessed ogoinst soid focilities. Railway Company reserves the right to
chonge the soid chorge ot any time while this permit remoins in effect upon thirtv (30) days' written notice. This provision for
poyment sholl in no woy restrict Railway Company's right of ;erminotion under Paragrapfl 6 hereof.
2. (a) The entire cost sholl be borne by Permittee, including but not limited to the cost of construction, reconstruction, repoir,
operotion, maintenance, and removal of said focilities. The Division Superintendent of Rai Iway Company wi II decide what portion, if
any, of the work will be done by Roilway Compony, and for such portion Permittee will poy Roilwoy Compony the estimoted cost be-
fore the work is done. If the actuol cost exceeds the estimate, permittee will poy the odditional omount when coiled upon; if the
octu(ll cost is less than the estimate, Railway Compony will repay the surplus. All work hereunder by Permittee sholl be done in 0
first-cl(lss workmonlike manner to the sotisfaction of the Division Superintendent of Roilwoy Company and in accordance with pions
ond specificotions which he moy prescribe or opprove. The Division Superintendent of Railwoy Compony sholl hove the right ot ony
time when in his judgment it becomes necessory or advisable, to require ony material used in the work to be reploced with like
moteriol or with material of 0 more permanent chorocter; also to require additional work or change of location of said focilities os 0
motter of sofety, or of appearance, or on occount of odditional tracks being loid, chong!' of grode thereof, construction of 0 building,
or for any other reo son whether or not connected with the operation, maintenonce, or improvement of the railrood of Rai Iwoy Compony,
011 of which sholl be done at the expense of Permittee in the monner herein provided.
. (b) In the event that at a"y time he~eofter ony chonges, olterotions, or relocation of said facilities hereby covered Ore to be mode
or ony other work of ony kind is to be done in connection with said facilities, whetl,er at the request of ?oilwoy Compony or for ony
cOuSe whotever, Railwoy Company moy require the furnishing by Permittee or its controctor of insuronce satisfoctory to Roilwoy Com-
pony to protect it ogainst any loss or damoge in ony woy arising out of or in ony woy connected with the work.
(c) In the event Railway Company deems it necessory to provide either flo_gmen or inspectors, or both, during the period of con-
struction, reconstruction, repoir, operation, maintenance, ond removal of soid focilities by either porty os provid"J for in Paragraph
2. (0), Permittee sholl beor the expense incurred by Railwoy Compony for such (loggln(1 or inspection service. Roilwoy Company
will notify Permittee of the estimMed cost of such flogging or inspection servic"" and Permittee will poy such estimated and actual
cost in the same manner os provided for in Porogroph 2. (0).
3. (a) Permittee agrees that soid facilities sholl not ot a.ny time damoge the rtlilroad or structures of Roilwoy Company, or be 0
menOCe 1'0 the safety of its operation, ond to indemnify ond save harmless Railway ComiC.any from all loss and damage to its trocks,
roadbed, structures, rolling stock, ond other property of Railway Company and property of third persons, ond from injuries to or death
of persons, including employees of the parties hereto, occasioned by the exercise of tl,e permission hereby gronted.
(b) Permittee hereby further ogrees to hold hormless ond indemnify Railway Compony fram and against ony ond 011 loss or
damage to soid facilities, the installotion of which is hereby permitted on the premises of Roilway Compony.
4. It is agreed that the provisions of Parogroph 3 Ore for the equal protection of any other rai Irood compony or companies hereto-
fore or hereafter gronted the joint use of Roilway Company's property of which the premises upon which soid facilities ore located
ore 0 port.
5. Permittee sholl not transfer or assign this permit without the written consent of Railwuy Company.
6. This permit sholl endure until terminoted by Railwoy Company. Railwoy Compony reserVeS the right to terminate this permit ot
ony time upon the giving of n1 ne+:.v {O/\ \lays' notice, either by personol delivery or by moil, or by the posting of notice on the
pr"",ises. Upon the expiration oi'Tlie'Tl'fne ~J'in ony such notice, Roilwoy Compony moy forthwith expel Permittee from its premises;
ond at the end of the permit Permittee sholl restore the premises of Railway Company to their former stote. Upon termination of this
permit any unearned portion of the onnuol charge paid hereunder sholl be refunded.
7. This permit is granted subject to permits, leases, ond licenses, if any, heretofore granted by Railway Company affecting the
premises upon which soid facilities ore located.
11. Soid foci lities sholl be constructed" reconstructed, repoired, ond mointained in accordonce with the specifications hereto
ottoched, marked Exhibit "A" and mode 0 port hereof.
9. Up~n request of." Jtal1way Company. lade at any t~. that it be perDl1tted
to dispose of sewerage through said pipe line" Permittee will mske oonneotion
therewith for the benefit of Railway CompanYI without requiring payment of
. ( Ct'lwt 1nu,it.on rev.ita. s i "a)
IN WITNESS W!-iEREOF the partIes hove exec~tecrthis perm,tth,s 21st <mr0l Jul 1969.
NORTHERN PACIFIC RAILWAY COMPAt!(
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Witnesses to signoture of Permittee: ~', '---J
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Ci ty Clerk- Jlayor Permi ttee
(desoription continued from reverse side)
Beginning again at a point distant 175 feet northeasterly,
measured at right anglesl from said center 11ne and d1Btant 1229 feet
northwesterly. measured along said center 11ne, fram Mile Post 142
(Which 1I11e Post is located at Railway Eng1_r1ng Station 7497 plus 60
in said center l1ne); thence oontinuing northwesterly parallel with
said oenter line toa point distant 1005 teet northwesterly~, measured
along said center line.. from M1Ie Post 143 (whioh Mile Post '1s looated
at Railway J:ngi~.rlng Sta't1OR 7550 plus 40 1n said oenter line); thence
northerly to a point distant 200 feet northeasterly, rooasured at right
angles, fI'om said center line and d,istant1823 feet .n~thwe8terly, mea-
sured along said center line, ~om said Ille Post 143. where said pipe
line leaves said ri~t of way; and also
A twenty 20) ineh sanitary sewer pipe line crOBSin~ said
right of' way and passing beneath its tracks in said Section 2 1 near
said station, interseoting sl\ld center line at a point therein distant
1737 reet northwesterly" measured along said center line, from said
Mile Post 143.
(Paragraph 9 continuedfrQDt reverse aide)
any tee therefoI', eWlept the actual coat of labor and material used by
rerD11ttee in Ullklng .uGh connection. In the event that suoh sewer con-
neotion is made Railwa,- COIIpany ahall pal' Permittee for disposal Of
sew.rage through said .ewer pipe line at the same rate as any other
oammon uSErthereof.
10. As part of the oonsideration for this permit, Permittee agrees
that a.iIwlAY Company will not be liable tar any special asaesa_nta 1n
oonneotion with the oOftlJtpuotlon al\4 _1nt.nance or the tao111tlea.
11. This permit is effective as of July 161 1969.
12. Said sewer line oroBsing shall be installed by the tunneling method
in accordance with the speoifioations hereto attached, marked Exhibit "T"
and made a part hereof.
13. Perm1tt.e agrees to the 1ndeDll1ty and insurance provisions per-
tain1ng to the oonstruotion period oontained in Exhibit "Bit attached
hereto and made a part hereot.
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EXfII B IT "B"
The Permitte. agrees that if it lets any contract for the construction
of said aewer pipe 11M ,
the contractor will assume the liability and furnish the insurance referred to in para-
graphs a, band c below, and that if the ,.raitt.. performs such work with its
own forces, it wi 11 assume the Habili ty and furnish the insurance referred to in said
paragraphs:
a. Assume all liability for and indemnify and save harmless Railway
Company (and any other railroad company or companies using its
track with its consent), from and against and at its expense
defend Railway Company (and such other railroad company or com-
panies) from and against, any and all claims, suits, loss, cost,
damage or expense on account of injuries to or death of any and
all persons whomsoever, including "1'1I11;1;.. , its
contractor, subcontractors, employees of the contractor, employees
of the subcontractors and employees of the parties hereto (and of
such other railroad company or companies), and on account of any
and all damage to property to whomsoever belonging, including
property owned by, rented to, or in the care, custody or control
of the parties hereto, or of any contractor, subcontractor, em-
ployees of either and employees of the parties hereto (and of
such other railroad company or companies), arising or growing
out of, or in any manner connected with the work performed
b1 Permitt.. or it. oontraotor under .aid permit.
b. Procure and furnish to Railway Company the insurance policy or in
lieu thereof a certified copy of said policy as provided for in
paragraph "e" hereof, together with an endorsement, in the form
hereto attached, under the terms of which the insurance company
assumes the liability of Permittee or its contractor
hereunder.
c. Carry regular Contractor's Public Liability Insurance providing for
a limit of not less than Two Hundred Fifty Thousand Dollars ($250,000)
for all damages arising out of bodily injuries to or death of one
person, and subject to that limit, for eaeh person, a total limit
of Five Hundred Thousand Dollars ($500,000) for all damages arising
out of bodily injuries to or death of two or more persons in anyone
accident, and regular Contractor's Property Damage Liability Insur-
ance providing for a limit of not less than Two Hundred Fifty
Thousand Dollars ($250,000) for all damages to or destruction of
property in anyone accident and subject to that limit a total
(or aggregate) limit of Five Hundred Thousand Dollars ($500,000)
for all damages to or destruction of property during the policy
period, All such policies and endorsements thereto shall be
executed by a corporation qualified to write the same in the state
in which the work is to be performed, shall be approved by Railway
Company as to the insurance company writing same, the amount, form
and substance thereof, and shall be delivered to Railway Company
prior to the entry upon or use of Railway Company's property by the
insured,
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CONTRACTUAL LIABILITY F.NDORSHlf:NT
In consideration of an additional deposit premium of $ , the
Company agrees to assume the liability for bodily injuries including resulting death,
and for damage to property, which liability the in~ured ha~ assumed by virtue of the
following wording contained in a perJl1t entered into between the Northern
Pacific Railway Company and the City or Boze.n. a aanl01~1 em-Dar.tion or
the State of "ntane , numbered 01.518 ano
dated this 21.' day of July , 19 69 ,and as contained in that
certain contract dated the day of , 19 , hetween
the insured and the Clty Of' Boze.n oover1ng DIIta1latlon Or . aewer piDe
line providing that the contractor shall:
Assume all liability for and indemnify and save harmless Railway
Company (and any other railroad company or companies using its
track with its consent), from and against and at its expense
defend Railway Company (and such other railroad company or com-
panies) from and against, any and all claims, suits, loss, cost,
damage or expense on account of injuries to or death of any and
all persons whomsoever, including Pel'll1tt.. , its
contractor, subcontractors, employees of the contractor, employees
of the subcontractors and employees of the parties hereto (and of
such other railroad company or companies), and on account of any
and all damage to property to whomsoever helonging, including
property owned by, rented to, or in the care, custody or control
of the parties hereto, or of any contractor, suhcontractor, em-
ployees of either and employees of the parties hereto (and of
such other railroad company or companies), arising or growing
out of, or in any manner connected with the work pert"orJl8d
b1 ... tt.. or it. oontraotor under .aid permit.
This endorsement is issued subject to all agreements, exclusions, conditions,
declarations and other terms contained in the policy, except as modified by this en-
dorsement.
Ten days I written notice shall be given the Northern Pacific Railway Company
addressed to the Industrial Department at St, Paul, Minnesota 55101, of any cancellation
of Policy No. if canceled at any time prior to the expiration date of
the stated policy period.
This endorsement forms a part of Policy No, issued
to by the
and is
effective , 19, Standard Time.
Countersigned:
Duly Authorized Agent President
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Fonn P.I.D. ~~3 NOR THERN PACIFIC RAILWAY COMPANY .. . . .
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EXHIBIT' 'A"
Specifications
for Sewer, Irrigation and Drain Line Crossings
under Railway Tracks.
1. Sewer, irrigation or drain lines passing under railway tracks shall be placed with top
of pipe not less than five feet below base of rail; and top ()f pipe not less than three
feet below bottom of roadway ditch.
2. Pipe, within 21 feet plus the depth of pipe, shall conform with one of the following:
Cast Iron Pipe -- Extra Heavy, ASTM A-142-38.
Concrete Pipe -- ASTM C-76-57T Class IV, circular reinforcement in
circular pipe, for pipes installed with les s than 15 feet
between top of pipe and top of tie. ASTM C-76-57T Class
V, circular reinfor cement in cir cular pipe, for pipes in-
stalled with between 15 and 25 feet from top of pipe to top
of ti e.
Corrugated Metal Pipe-- Gauge and coating subject to review by Railway Company.
Other pipe material may be used on special approval of the Railway Company,
3. For a distance of not less than 21 feet plus the depth of pipe each side of the center line
of track crossings, the joints in the pipe line shall be provided with suitable jointing
material to make a water-tight connection and of such material that these joints will re-
main tight under roadbed loads and impact. Distance shall be measured at right angles
to the track.
4. Irrigation pipe line crossings and syphons shall be provided throughout their length
with water-tight joints capable of resisting the hydrostatic pressure under which they
are to operate. Either lock joint, copper strip, or rubber band type of standard make
will be satisfactory for concrete pipe syphon. Plans for syphons which are to operate
at greater than a pressure of ten pounds per square inch shall be subject to special
review by Railway Engineering Department.
5. Under certain conditions the Railway Company rnay require the use of an encasement
pipe around the carrier pipe.
6. Where warranted by special local conditions the Railway Company may require an
emergency by-pass or waste-way within effective distance of the crossing.
7. Where laws, codes, or orders of competent public authority prescribe a higher degree
of protection than specified herein, then the higher degree of protection so prescribed
shall be deemed a part of the specifications set forth in this Exhibit.
8. Plans of the crossing installation shall be approved by the Railway Company before
construction is commenc ed.
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TYPICAL SKETCH OF PI PE Lt N E CROSS I NG j
FOR ~
SEWER, DRAIN, OR IRRIGATION LINES ~'
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Office of Chief Engineer 0-
St. Paul, Minnesota
November 1, 1959. Revised 8-17-65.
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NORTHERN PACIFIC RAILWAY COMPANY
EXHIBIT "T"
Specifications
for Installation of Undertrack Pipe Crossings by Tunneling
1. SCOPE Culverts and pipe lines included under this specification are galvanized metal
liner plate structures installed by the tunneling method.
2. APPROVAL OF PLANS Plans for the proposed installation shall be submitted to and
meet the approval of the Chief Engineer of the Railway Company before construction is
begun. Plans shall be drawn to scale and shall show the relation of the proposed
liner plate structure to the tracks, angle of crossing, railway survey station, right
of way lines, cross-section at pipe location, and general layout of tracks and
railway facilities. Details of temporary sheeting or cofferdams at the ends of the
tunnel and of driving the tunnel shall be shown. Details of the liner plate pipe
showing a typical section of the tunnel, details of the plates, seams, size and length
of bolts, and the section modulus in inches cubed per inch of width shall be shown.
Soundings shall be made, and logs shown on the plans, to indicate the type of soil
material which may be encountered. Soft and free-running material may have to be
stabilized by Portland cement or chemical grouting.
Insurance required by the Railway Company, and furnished by the Permittee, must be
approved by the Railway Company before construction is begun. The execution of the
work on railway rights of way shall be subject to the inspection and direction of
the Chief Engineer of the Railway Company.
3. KL\TERIAL Tunnel liner plates shall be sl-eel plates prefabricated to fonn an integral
structure of the specified size and dimensions. The type, gage and details of the
liner plate shall meet the approval of the Chief Engineer of the Railway Company.
They shall be adequate to support the loads from earth and train traffic and shall be
designed for assembly in circumferential rings and permitting complete assembly from
within the structure.
For installations under main line tracks, the liner plates shall have longitudina I
seams of the lap type, with offset equal to the gage of metal for the f,.11 width of
plate including flanges and shall be so fabricated as to allow the cross-section of
the plate to be continuous through the seam. For installations under br.anch line
tracks, the liner plates shall have longitudinal seams of the lap typt: wfth cross-
section of the plate continuous through the seam, or may have longitudinal seams of
the fla030 type. Connections between liner plates shall be adequate tu develop the
rull strength of the plates when assembled.
Liner plates and bolts for tunnels to remain permanently in place, supporting earth
and train loads, shall be galvanized and bituminous coated. Gal vani.z1ng sha 11 be done
after fabrication with prime western spelter or equal applied at a rate of not less
than 3 ounces per square foot of double exposed surface, and shall be of first-class
co~~ercial quality, free from injurious defects, such as blisters, flux, and uncoated
spot s. Bituminous coating shall be a heavy application of Bitumastic No. 50 or equal
and shall be applied to the outer surfaces of the liner plates prior to assembly.
4. INSTALLATION Installation of liner plate pipe by tunneling shall Le 1:i.(';Lulll~lished
without disturbance to the railway embankment and track. st.ructure. ;,i."ler plates shall
be assembled in accordance with the manufacturer's instructions, anu che cOlnpleted
assembly shall conform to the line and grade set forth on the plans dnd c,plJroved by
the Railway Company. All working operations involved in the install ac lonll1ust be
subordinate to the free and unobstructed use of the Railway tracks fur till" passage of
trains and the transaction of the Railway Company IS business. ".iU,ouc de Lay Ol: danger
to life, equipment or property. All work must be perfonned b~low tilt': track level and
without placing any obstructions on the roadbed within 9 feet of ce,ltcf 0f track.
Before begirming excavation, all materials must be on hand so that Mak ,:an progress
through to completion with no interruption due to not having materiaL..
During excavation of the tunnel and assembly of liner plates, UflItec t: 55 a.-y "on I a rgernen t
of the excavated area outside the clearance required for the liner pldtes and poling
plates of shield will not be pemitted and the clearance shall b~ kt::l'c to a minimum.
Any voids occurring beyond the minimum clearance diameter of the tunn'ld ex;cavation
shall be inunediately filled with compacted material or with pumped celT.ent grout, as
directed by the Railway Company. Excavation shall be progressed ahead of the liner
plate ring assembly by means of poling plates, or shield, of strength equal to that
of the liner plates. and at no time shall the excavation advance bt~yond the forward
edge of the poling plates or shield. The face of the excavation shall b~ supported
3.5 necessary to prevent sloughing that would result in formation ot '.', ~ J (i" ') 'J t s 1.. d ~
the tunnel. Should sloughing occur so that complete support i.s ,.,,, ' ,;: 1 ~::~ ...f .'(ii" the
track structure. the Railway Company's Inspector or Division Stl;~".'l"ll .~""d,~,: ;l~<dl be
ilnmediately notified so that train traffic may be protected.
At the end of the dayl s work, or at any time when work is not beh1t,,;p<:t't{:n,ned :inside
the tunnel. the face of the excavation shall be securely bulkhcaded ',) " V(~(l..t
sloughing of the tunnel heading. If in the opinion of the Railway i:olal)Uny, the
excavation of the tunnel is at any time being conducted in an unsate O.il. ~)th~~rwlse
unsatisfactory manner, work shall be stopped and the face of eXCav>.JUo<l i''.llkheaded
until suitable agreement as to procedure has been reached.
when in the opinion of the Railway Company's Engineer it is det:m~od I '"::,;,>, .iy for
safety to support the tracks by means of stringers, or by other m~tLuJ5, the work
shall be performed by Railway forces, at the expense of the Permi U "~.~.
Office of Chief Engineer
~.. Paul. Hinnesota
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January 4, 1966
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'. . 4323
Form ')"':'m ,
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NORTHERN PACIFIC RAILWAY COMPANY
PROPERTIES AND INDUSTRIAL DEVELOPMENT DEPARTMENT
St. Paul, Minn., , . .'"
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Dear Sir:
The enclosed agreement has been fully executed and is returned for your
permanent record.
Yours very truly,
ROBERT A. JUBA,
Manager, Industrial Development