HomeMy WebLinkAboutCC 6 MOULTON PKWY 04-16-84OA?E: MAR~H 198 Inter-Corn
TO:
WILLIAM HUSTON, CITY MANAGER
FROM: DALE A. WICK, ASSISTANT CITY ENGINEER
SUBJECT:
MOULTON PARKWAY FAU PROJECT M-M032(O04)
COMMON USE AGREEMENT FOR FUTURE MAINTENANCE
RECOMMENDATION:
It is recommended that the City Council, at their meeting of April 16, 1984, by
minute order, .authorize the Mayor to sign and the City Clerk to attest to the
attached Common Use Agreement.
BACKGROUND:
As is explained in the attached correspondence from the San Diego Pipeline
Company, dated March 26, 1984, the City of Tustin was obligated to pay all costs
in connection with the relocation of subject pipeline to permit construction of
the Myford Road overpass at the A.T. & S.F. Railroad tracks. The City deposited
'$83,600.00 with the San Diego Pipeline Company for estimated costs of engineering
and construction.
San Diego Pipeline has now agreed to leave its pipeline in place if the City will
pay future costs of cutting and replacing the bridge abutment slope paving to
allow access to its facility when and if maintenance of the pipeline is ever
required. It is estimated that, in the unlikely event that maintenance is
required,.these costs would amount to about $6,000.00.
Execution of this document will result in the $83,600.00 deposit, less expenses,
being refunded to the City.
This Agreement has been forwarded to the City Attorney for his review.
Dale A. Wick
Assistant City Engineer
DAW:jr
Attachment
cc: City Clerk
City Attorney
Finance Director
RECEIVED
APR 0 5 1984
Diego Pipeline Compsay
(213)
March 26, 1984
ENG 12-0 (RCN-536)
ENG 13-0 (ER-83122)
City of Tustin
Department of Public Works/Engineering
300 Centennial Way
Tustin, CA 92680
Attention: Mr. Dale A. Wick, Resident Engineer
Regarding: Moulton Parkway FAU Project M-M032(004)
Myford Road Overcrossing
RECEIVED
MAR 2 9 1984
TUSTIN PUBLIC, WORKS DEPT.
Gentlemen:
Reference previous correspondence and discussions regarding City of
Tustin's construction of subject Myford Rd. Overcrossing in the vicin-
ity of our 10-inch high pressure refined petroleum products pipeline.
Our original proposal to relocate a section of the pipeline in order
to keep it readily accessible for maintenance purposes was denied by
the AT & SF Railway Company, due to insufficient clearance with the
railroad tracks.
San Diego Pipeline Company (SDPC) is agreeable to leaving the pipeline
in its existing location, provided the City of Tustin enters into a
formal agreement with this Company which recognizes and protects our
easement rights, inasmuch as construction of subject Overcrossing will
result in .additional fill and concrete slope paving being placed over
a section of the pipeline.
Enclosed are two copies of a CommDn ~se Agreement for City's execution.
Please return both copies for our further handling; a fully-executed
copy will be returned for your files. A refund of City's deposit, less
SDPC expenses in connection with the project, will be forthcoming
pending our receipt of the executed Agreement.
any questions on this matter to Mr. David Schluer at
Please direct
(213) 629-6679.
Sincerely, /2
/J. M. Abboud, A6tin9
Manager-Engineering
Enclosures
COMMON USE AGREEMENT
THIS AGRfEMENT, dated this day of , 1984,
for identification purposes only, by and between the CITY OF
TUSTIN, CALIFORNIA, hereinafter referred to as 'City", and
SAN DIEGO PIPELINE COMPANY, a California corporation, herein-
after referred to as "Company",
RECITALS
1. WHEREAS, Company holds a 10-foot wide easement for
pipeline purposes within Atchison, Topeka and Santa Fe Railway
Company right of way, as recorded in Book 14011, Pages 351-55,
Official Records of Orange County, California; and
2. WHEREAS, City will extend Myford Road across said
Atchison, Topeka and Santa Fe Railway Company right of way, by
means of an overhead bridge structure, in connection with the
Moulton Parkway FAU Project M-M032(004); and
3. WHEREAS, construction of the northeast embankment of
said Myford Road Overhead will result in additional fill and
concrete slope paving being placed over Company's 10-inch
diameter pipeline;
NOW, THEREFORE, in consideration of the faithful
performance by the City of the following terms, covenants and
conditions, Company consents to City's installation and
maintenance of said additional fill and concrete slope paving
over Company's 10-inch pipeline, subject to the following
conditions:
1. If, at Company's sole option, it becomes necessary
to excavate withing the limits of said additional fill and slope
paving, in accordance with Company's easement right to construct,
reconstruct, renew, relocate, maintain and operate a pipeline or
pipelines, the City shall bear the entire costs of the following:
a) Cutting and removal of concrete slope paving.
b) Excavation of the first five (5) feet of
underlying fill, and replacement of same
(including compaction).
c) Replacement of slope paving, in accordance with
City's specifications.
2. City hereby agrees to n~tify Company's District
Superintendent at (714) 877-2373, Rialto, California, at least
one (1) week prior to the commencement of any work near Company's
pipeline.
3. City hereby releases and agrees to indemnify and
hold Company safe and harmless against any loss, liability, cost
or expense by reason of any injury or damage to persons or
property (including, but not limited to, persons and property of
Company and City and their personnel) or any claim thereof,
arising out of the abovementioned installation, restoration,
replacement, maintenance or repairs, or out of the use and
exercise of any or the rights, privileges or permission provided
for to City hereunder.
' IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their officers thereunto duly
authorized.
CITY OF TUSTIN, CALIFORNIA
By'
Dated:
Attest:
SAN DIEGO PIPELINE COMPANY
By:
Dated:
Attest: