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HomeMy WebLinkAboutR-1998-019 License Agreement / Burlingon Northern / Santa Fe RailroadRESOLUTION NO. R-98- 19 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Pipeline License Agreement with the Burlington Northern and Santa Fe Railway Company for the reconstruction of an irrigation pipe in the vicinity of North First Street and "H" Street within the City of Yakima. WHEREAS, an irrigation pipe crossing Eighth Street near North First Street needs to be replaced prior to commencement of the spring 1998 irrigation season; and WHEREAS, the irrigation pipe to be replaced crosses underneath land owned b) the Burlington Northern and Santa Fe Railway Company; and WHEREAS, the Burlington Northern and Santa Fe Railway Company will consent to the pipe replacement but is requiring the City to execute the attached Pipeline License Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The CitManager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Pipeline License Agreement with Burlington Northern and Santa Fe Railway Company. ADOPTED BY THE CITY COUNCIL this .'7 day of F-56 P U '�,i , 1998. A11]55T: %� John Puccinelli, Mayor City Clerk nknes,13N4 pspehne hrecse'rkp Form Approved by VP -Law PIPE LINE LICENSE 97-30012 THIS LICENSE, made this the day of February 3, 1998, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF YAKIMA, a Washington municipal corporation, Attention: WATER AND IRRIGATION DIVISION, (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line, 18 inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the station of YAKIMA, County of YAKIMA, State of WASHINGTON, Line Segment 0048, to Main Track at Mile Post 90.8 across Industrial Track at ES 6+91, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-12375 dated 1/27/98, marked "Exhibit A" and made a part hereof. 2. This agreement shall be effective March 1',1998. (or) and shall continue for ten (10) years from said date, subject to prior termination as hereinafter described. 3. Licensee shall use the PIPE LINE solely for carrying Domestic Water and shall not use it to carry any other commodity or for any other purpose whatsoever. 4 Licensee shall pay Licensor as compensation for this license the sum of ONE HUNDRED AND 740 00/100THS DOLLARS (S100.00), annually, in advance. 5. Licensee shall at its own cost and subject to the supervision and control of Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or the safe operation of its railroad. When the PIPE LINE is used for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached, marked Exhibit B and made a part thereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 6 Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE LINE. (The current rate, subject to change without notice, for furnishing of Licensoes Flagman is a minimum daily charge of S500.00, for the first eight hours, or any part thereof, per day, with an hourly charge of S95.00 per hour for any time over eight hours per day). 7. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8. Prior to installation, five (5) days advance notice must be given to Licensor's Roadmaster, Terry Hestermann at Ellensburg, WA, telephone (206) 62S-6880. 9 (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's pipelines. rtPeu-11)0C (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Act, a , usable zafeey ace (45 U.S.C. e51 et. seq.), any incident ranted Employers' Lia`viiity e+�y yr any applicable =Ray ....., ��.. ,,..., for ------ -----• wholly or in part, by property, equipment, fixtures or condition belonging to or subject to the control of Licensee, or claims OT alleges that be or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence. (c) The liability assumed by Licensee cha11 not be affected by the fact, if it is a fact, that the loss, damage, death or injury was occasioned by or contributed to by the negligence of Licensor, its agents, servants employees, or otherwise, to the fullest extent permitted by applicable law; provided, however, that Licensee chatl have no obligation to assume such liability to the extent caused by the negligence of Licensor or its employees or agents where assumption of such liability would violate Washington, Oregon, Idaho or the Province of British Columbia Laws. 10. If at any time during the term hereof Licensor shall desire to make any use of its rail corridor with which the pipeline will in any way interfere, including the relocation of existing or the construction of new pipelines and other facilities in which it chat! have an interest, Licensee chaii, at Licensee's own cost, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the pipeline as in the judgment of Licensor may be necessary to avoid interference with the proposed use of its rail corridor 11. (a) Lieencee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and 52,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND IRON HORSE DEVELOPMENT L.L.C. SHALL BE NAMED AN ADDITIONAL INSURED (b) All risk insurance on the PIPE LINE of the Licensee, or Licensoes property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the PIPE LINE is located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any iovision in the insurance licy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of 52,000,000 for bodily injury and property damage per occurrence with an aggregate of 56,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The policy will remain in force during the construction phase of this project and must be provided prior to Licensor signing this license. (e) In lieu of providing a Railroad Protective Liability Insurance policy, Grantee may participate in Grantor's Blanket Railroad Protective Liability Insurance Policy available to Grantee or its contractor. The limits of coverage are the same as above. The cost is S . I elect to participate in Grantor's Blanket Policy, I elect not to participate in Grantor's Blanket Policy (f) The furnishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. (g) Licensee shall be allowed to self -insure any or all of the insurance coverages referenced above. 12. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor. Licensce shall pay all the costs incident to such defense including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. 13 (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensoes rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA). Licensee shad not maintain a treatment, storage, transfer or emu-i.noc disposal facility, or underground storage tank, as defined by RCRA, on cr under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as define! by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility for the investigation and cleanup of such release and shall indemnify and defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also chall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation. 14 If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by saving five (5) days' notice in writing upon 1 is 'nsw'e; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity 15 Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense incurred by Licensor on account of such liens. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premises; provided, however, that failure of Licensor to take any such action chall not relieve Licensee of any obligation or liability under this Section or any other Section of this License. 16. In the case of eviction, of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 17 Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19 Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purpose of this license, tv conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of sucn contractor's or subcontractor's employment for Licensee. 20 Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall underlease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 It is understood and agreed that this License shall not be placed of public record. 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and assigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Licensor in each instance. 23. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the PIPE LINE is located. 24. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this chat! not invalidate the remaind r of such provision or any other provision of this License. emu -1.130C 25. The waiver by Licensor of the breach of any provision herein by Licensee a,tl in no way .t o right of r ;..sneer to enforce that provision for any subsequent breach thereof. 26. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body or agency established thereby relating to Licensee's use of Licensor's premises hammier. 27. This license is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the date that such termination chart take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor, as near as possible, to the same condition in which it was prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's rail corridor within Thirty (30) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof chat! release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the rail corridor of Licensor restored as above provided. 28. This mmnlet_r agreement between Licensor and Licensee with respect to all matters relating to license on the Premises, and supersedes any and all other agreements between the parties hereto relating to license on the Premises. Iron Horse Development L.L.C. is acting as agent for The Burlington Northern And Santa Fe Railway Company WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY BY - BY TITLE. 'Contract No: 97_30012 TRACKING NO. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND CITY OF YAKINVA FORT WORTH. TEXAS SCALE: 1 IN. = 1 00 FT. PACIFIC DIV. YAKIMA VALLEY SUBDIV. L.S. 0048 DATE 01/27/1998 •-a'— d. TO MAIN TRK. @ MP 90.8 ES 6+91 TO AUBUM CARRIER PIPE SIZE: 8" CONTENTS: WATER PIPE MATERIAL: DIP SPECIFICATION / GRADE: CL 52 WALL THICKNESS: 0.33" COATING: N/A INDY. TRK. V- - MAP - PARCEL - 1ST STREET DESCRIPTION OF PIPELINE . PIPELINE SHOWN BOLD CASING PIPE 18" STEEL GR B 0.312" N/A TO SPOKANE i EL CARRIER CASING PIPE PIPE LENGTH ON R/W: 70' 70' WORKING PRESSURE: 65 PSI BURY: BASE/RAIL TO TOP OF CASING 7.08' BURY: NATURAL GROUND 7' BURY: ROADWAY DITCHES 7' CATHODIC PROTECTION N / A VENTS: NUMBER N / A SIZE - HEIGHT OF VENT ABOVE GROUND - NOTE: CASING TO BE JACKED OR DRY BORED ONLY AT YAKIMA COUNTY OFYAKIMA STATE OF WA CTF DRAWING NO. 1- 12375 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 2/17/98 ITEM TITLE: Consideration of a Resolution Authorizing execution of a Pipe Line License with The Burlington Northern and Santa Fe Railway Company for a water main under crossing at N. 1st Street and "H" Street. SUBMITTED BY: Glenn Rice, ACM Dueane Calvin, Irte'fim Water/Irrigation Manger CONTACT PERSON/TELEPHONE: Dueane Calvin 576-6480 SUMMARY EXPLANATION: The Burlington Northern and Santa Fe Rahway Company requires a Pipe Line License when crossing their railroad Right -of Way In order to connect the water mains in N. 1't Street it is necessary to cross under the railroad at N. 1°t Street and "H" Street. Connecting these water mains will improve the water flow in N. 1st Street in both directions and will also eliminate two dead end water mains. A $250.00 application fee has been paid. The Pipe Line License requires a 14100.00 annual renewal fee to be paid in advance. Resolution X Ordinance Contract Other (specify) License Funding Source Water Divlsi 474 APPROVED FOR SUBMITTAL: •..f� City Manager STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing the City Manager to execute the accompanying Pipe Line License with The Burlington Northern and Santa Fe Railway Company. COUNCIL ACTION: MEMORANDUM TO: Dueane Calvin FROM: Linda Watkins DATE: June 19, 1998 SUBJECT: Contract Follow -Up On February 24th I sent you the originals of the contract with the Burlington Northern and Santa Fe Railway Company for a water main under crossing at N. 1St Street and "H" Street for you to obtain signatures. I have never gotten those originals back signed. Please check on the status of these and advise me as soon as possible. Reference Council Meeting 2/17/98, Contract No. 98-19. Thanks, Linda r j ,) r/;.tq tc(. tri -Lis( OFFICE OF It LIE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 May 28, 1998 Kathleen R. Ellis Railroad Property Manager Prudential Almon Realty—Commercial 4112 Summitview Avenue Yakima, WA 98908 Re: H Street Pipeline Dear Ms. Ellis: BNSF CONTRACT NO. 97-30012 For several weeks, Bob Walkley and City Attorney Ray Paolella have been discussing the City of Yakima's H Street water main construction project. This involves the underground installation of a new eight inch ductile iron water main and 18" steel casing pipe, all within City -owned street right-of-way and below the BNSF H Street railroad tracks. The casing pipe will be bored about 7 feet below the railroad tracks, and the boring pits will be located at least 25 feet away from the tracks. The future operation, repair, and maintenance of this water main will be entirely the obligation of the City of Yakima, and the BNSF Railway Company will have no responsibility relating to the ongoing maintenance of this City water main. To accommodate concerns raised by BNSF, the City of Yakima is willing to require that the contractor for this public works project obtain railroad protective services, indemnify and hold BNSF harmless and provide the insurance as specified in the attached Railroad Protective Services, and to install an 18" outside diameter steel casing. These matters will be required of the contractor in the contract documents for the project, as specifically delineated in the attached bid specifications. The Yakima City Engineer has been in communication with the BNSF road master, and we understand that the attached bid specifications satisfy the standards and specifications of the BNSF Railway Company. Accordingly, we request that an authorized official of BNSF sign acceptance of this arrangement on the signature line provided below. The City of Yakima has been happy to work with BNSF and appreciates your consideration in this matter. Very truly yours, Dick Zais City Manager Yakima bterd AI Med.:11W '111P! 1994 BNSF CONTRACT NO. 97-30012 RAILROAD PROTECTIVE SERVICES Upon written notice from BNSF or the City, Contractor agrees to assume the defense of any lawsuit, or other proceeding brought against BNSF by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Contractor has an obligation to assume liability for and/or save and hold harmless BNSF. Contractor shall pay all the costs incident to such defense including, but not limited to, attorney's fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Contractor shall comply with all federal, state and local environmental laws and regulations in its use of BNSF's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA). Contractor shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under BNSF's rail corridor. Contractor shall not release or suffer the release of oil or hazardous substances, as defined by CERCLA, on BNSF's rail corridor. Notwithstanding any other requirements in this contract, Contractor assumes all responsibility for the investigation and cleanup of such release and shall indemnify and defend BNSF and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Contractor's failure to comply with environmental laws, except to the extent such costs or claims are proximately caused by BNSF's negligence or intentional misconduct. Contractor shall give BNSF and the City timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to BNSF's rail corridor. Contractor also shall give BNSF timely notice of ail measures undertaken by or on behalf of Contractor to investigate, remediate, respond to or otherwise cure such release or violation. In the Event that BNSF receives notice from Contractor or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, BNSF or the City may require Contractor, at Contractor's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation. 1 Railroad Protective Services rev 7/2/98 Approved and Accepted: Yoeoti noy no10 OpoJltln Cv-il f oT By: BNSF Railway Company Approved and Accepted: By: A 1 o, Inc. Railroad Protective Services rev 7/2/98 TRACKING NO. 97-30012 EXHIBIT "All ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND CITY OF YA<IVA FORT WORTH, TEXAS SCALE: 1 IN. = 1 00 FT. PACIFIC DIV. YAK IMA VALLEY SUBDIV. L.S. 0048 DATE 01/27/1998 TO MAIN TRK. @ MP 90.8 TO AUBUM , ES 6+91 0 INDY. TRK. IT it I. IC01 -rairrip dart: . rzr tta, V - MAP - PARCEL - 1ST STREET gLit CT !v:1 V5, ttit. .tmr 4;47 DESCRIPTION OF PIPELINE PIPELINE SHOWN BOLD CARRIER CASING PIPE PIPE SIZE: 8" 18" CONTENTS: WATER PIPE MATERIAL: DIP STEEL SPECIFICATION / GRADE: CL 52 GR B WALL THICKNESS: 0.33" 0.312" COATING: N/A N/A VENTS: NUMBER N/A SIZE - AT YAKIMA COUNTY OFYAKIMA , .1 op 4! TO SPOKANE U0 CARRIER CASING PIPE PIPE LENGTH ON R/W: 70' 70' WORKING PRESSURE: 65 PSI BURY: BASE/RAIL TO TOP OF CASING 7.08' BURY: NATURAL GROUND BURY: ROADWAY DITCHES CATHODIC PROTECTION N/A 7' 7 HEIGHT OF VENT ABOVE GROUND - NOTE: CASING TO BE JACKED OR DRY BORED ONLY STATE OF WA CTF DRAWING NO. 1-12375 WAP REF.S-62372 APPLICATION FOR PIPE LINE CROSSING OR PARALLEL Iron Horse Development L.L.C. 6 E. Arlington Yakima, WA 98901 We submit for your approval the following specifications for a pipeline we propose to build across BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY right-of-way, as shown on enclosed sketch. Legal name of company or municipality who will own the pipeline CITY OF YAKIMA WATER AND IRRIGATION DIVISION State In which incorporated Washington If not incorporated, correct name of owners or all partners Inc. Correct mailing address 2301 Fruitvale Blvd (ZIP) Yakima, WA 98902 Telephone( ) (509) 575-6204 ' Location of proposed crossing SE 1/4, Sec 13 , Twsp 13 , Rng 18 Mile Post + Name of nearest town on BNSF Yakima County Yakima State WA Name of nearest roadway crossing BNSF No. 1st St. X "H" St. D.O.T. No. Crossing within limits of public road or street - YesNo Contents to be handled through pipe 80 ft.70 ft. Length of pipe on Ry. Co. property (Plastic pipe must be encased full width of right-of-way) Inside diameter of pipe 8 in. 18 in. Pipe Material Ductile Iron Steel Specification & grade (Min. yield strength casing 35,000 psi) 0.33 in. 0.313 in. Specification/Grade Wall Thickness (Min. wall thickness of casing pipe under 14 in 0.188 in E-80 Class 52 Loading) 65 PSI Actual working pressure Tyton Push -On Welded Type of Joint - (mechanical or welded type) Longitudinal Joint Factor Coating Factory None Distance Base of rail to top of pipe 7' -6 "+ 71-1"± n (Flammable, contents, steam, water or non-flammable min. 5-1/2 ftunder track) (Uncased , gaseous products - min. 10' under track) Minimum ground cover on Ry. Co. property (min. 3 ft.) 4' _6.: 7'" 1N-1" Cathodic protection casing - (flammable substance) e Type of insulators or supports P. T. Doug. Fi r Size 4"x4"x4' 0" Space 9'0" Number of vents None Size Height above ground (Flammable substances require 2 vents) Method of crossing: Dry Boring ONLY X Jacking Trench (If bored or jacked - Jacking Pit location minimum 30 ft. from centerline of nearest track) Pit must not be open more than 48 hours. Also, it must be protected when not in use. Does pipeline support oil or gas well? - Yes No X If yes, advise distance the well is from BNSF property - ft. Name of well Attached to this sheet is location plan and detail sketch. Give tie -down measurement to centerline of nearest road crossing, bridge or other railroad structure. Please authorize us to proceed wit his installation or advise what changes are necessary to meet your specifications. �(' f Signed: Title: 1 ct�Tt/'t t." ''t L'.Uv_p.cy: e. - Telephone: ( ) .bio r'- 526" —(- -ate'/ CARRIER CASING Domestic Water U:\ USER\SHARE\ IRN HORSE\PARTS.DOC 5-9 INDICATE NORTH DIRECTION NO SCALE 1, •f'� � TD YC/P r► A ,50' NEAREST R.R. TOWN LGA 6/ d / / RR'S R/W 2 0 a 3 FT. APPLICATION FOR ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 4 _FT _ FT. »IA29D410 T• g(ANGLE CF CJ(OSS)NGI ''''''..-(DESCRIBE FIXED OBJECT)!!! (DESCRIBE FIXED OBJECT! 420 al a (NOTE: THIS DIMENSION REQUIRED IN AU. CASES. AT LOCATIONS NOT USING SECTIONS. DISTANCE TO A LEGAL SURVEY LINE 15 REQUIRED! 3 % FT. MIN. DIST. -SEAL / CASING f / �FT FT. - - _ CSUBGRAOE ROADBED FT (5 FT. 6 IN. MIN.I (20 FT. MAX.1 t,,/-tASING PIPE 1 1 I _—CARRIER PIPE 4 (/)t ---FL FT —FT. c ¢ t3 FT,. MIN.) -SEN. :ASING / / 2 FT. 20 AO, DAO, 2 FT (CASING LENGTH LIEN MEASURED ALONG PIPELINE.! NOTES: 11 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM OF TRACK. -.2) CASING TO EXTEND RIGHT OF WAY TO RIGHT OF WAY. 3) MINIMUM OF 50' FROM THE ENO OF ANY RAILROAD BRIDGE. rt OF ANY CULVERT. 4) SIGNAL REPRESENTATIVE MAY BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS 5) ALLOWABLE FIXED OBJECTS INCLUDE BACKWALLS OF BRIDGES: q OF ROAD CROSSINGS A _FT. RR'S R/W TD Yd,t./ ma NEAREST R.R. TOWN FORMULA TO FIGURE CASING LENGTH ■ITH ANGLE OP CROSSING OTHER THAN 90 • 8 SIN A 8 MIN. DIST. ARE IN THE VICINITY OF CROSSING. OVERHEAD VIADUCTS (GIVE ROAO NAME). OR CULVERTS. AI I5 PIPELINE CROSSING WITH N DEDICATED STREET?...g-- YES: N* 8) IF YES. NAME OF STREET F/rst• 5t, and /qtr(( St. C) CARRIER PIPE Dorn eS11G jot ter' COMMODITY TO BE CONVEYED OPERATING PRESSW4E�—PSI 01 /r WALL THICKNESS 7 ? (DIAMETER DI DISTRIBUTION LINE OR TRANSMISSION LINE El CASING PIPE : p WALL THICKNESS O 3 !3 :DIAMETER f •MATERIAL 574 I -MATERIAL NOTE: FOLLOW INSTALLATION INSTRUCTIONS ON PAGE 5-12 F1 MENOD OF INSTALLING CASING PIPE UNDER TRACK(S): ORY BORE AND JACK (WET BORE NOT PERMITTEDI: —_TUNNEL : OTHER GI DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING,,,��Aj4AvD(#,� / JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK f') `F (30' MIN.) H) WILL CONSTRUCTION SE 8Y AN OUTSIDE CONTRACTOR? X YES• NO* 5-16 EXHIBIT "A" (FOR RAILROAD USE ONLY1 BURLINGTON NORTHERN SANTA FE (SUBDIVISION) M P ENCASED PIPELINE CROSSING FOR (APPLICANT) AT (CITY) (COUNTY: (STATE) RR FILE NO. DATE A\PART5.DOC 5-16