CSX and RoseMeade LeaseTRANSPORTATION
Fran Ridgeway
Contracts - Utility Group
Administrative Services
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JUL' -9 1993
Mr. Robert A. Dine, President
Rosemeade Development Corp.
5282 East 65th Street - STE 2
Indianapolis, IN 46220
Dear Mr. Dine:
CDntvocf 3070.11
500 Water Street, SC J180
Jacksonville, FL 32202
Fax (904) 359 -3665
(904) 359 -1502
July 6, 1993
File(s): RE- 103333
Attached is fully- executed duplicate - original of Agreement dated
June 1, 1993, betweenECSX_Transportatiori, Inc ?, and Rosemeade
Development Corp., covering the installation and maintenance of a
water pipeline crossing Railroad's right -of -way and trackage at a
point, 465 feet south of Milepost OQA -169, at or near Carmel, Hamilton
County, Indiana.
Also, attached is fully executed triplicate - original of the
Assignment transferring the water pipeline to The City of Carmel,
Indiana.
Please notify Project Engineer T. F. Sheahan, Riverdale, Illinois,
telephone (708) 201 -5266, extending at least five (5) days' advance
notice of the date and time you desire to perform any work on Railroad
property.
cc:
Very truly yours,
,/,/tt7% L i
Fran Ridgeway
Ms. Susan W. Repp, Clerk- Treasurer, City of Carmel, Indiana -
Attached is copy of the Pipeline Crossing Agreement and
original Assignment of Agreement for the Cites' records.
CSXT Form 3060 - Page 1
Revised October 1992
RE- 103333
JA30 \FR0602P1.93P
ASSIGNMENT OF AGREEMENT(S)
FOR VALUE RECEIVED, ROSEMEADE DEVELOPMENT CORP., hereinafter referred to
as "ASSIGNOR," does hereby assign, set over, and transfer to CITY OF CARMEL,
whose mailing address is One Civic Square, Carmel, Indiana 46032, hereinafter
referred to as "ASSIGNEE," all right, title and interest of ASSIGNOR in the
lease(s), license(s) or agreement(s) with CSX Transportation, Inc., hereinafter
referred to as "LESSOR," listed on "Schedule A" attached hereto, covering the
property or rights therein described, hereinafter referred to as "Agreement(s)."
ASSIGNOR discharges LESSOR from any and all past and present claims and
obligations pursuant to said Agreement(s), to the Effective Date of this
Assignment, CSX- 019252, and releases all future rights therein against LESSOR.
Further, by this Assignment and Consent, ASSIGNOR is removed from all
liability on the Agreement(s) as of the Effective Date hereof, and LESSOR shall
have rights against ASSIGNEE only.
WITNESS the hand(s) and seal(s) of ASSIGNOR(S) as of the Effective Date
above.
WITNESS(ES):
C)
ASSIGNOR: ROSEMEADE DEVELOPMENT CORP.
By a. L ��.
Title: enktof11
t o4l4zrA• 0w t
(SEAL)
CSXT Form 3060 - Page 2
Revised October 1992
ACCEPTANCE BY ASSIGNEE
In consideration of the foregoing Assignment, ASSIGNEE hereby assumes and
covenants and agrees to be bound by, carry out, perform, observe and abide by,
all the terms, obligations and conditions of said Agreement(s) arising as of the
Effective Date hereof, as if an original party thereto, including payment of
rentals on Schedule A.
In consideration for this Assignment and Consent, ASSIGNEE agrees to pay
LESSOR the lump sum of TWO HUNDRED AND NO /100 U.S. DOLLARS ($200.00) upon
execution of the Assignment and Consent.
In further consideration for this Assignment and Consent, ASSIGNEE agrees
that fee(s) set forth in said Agreement(s) shall be as revised as on
"Schedule A ". All other items contained in said Agreement(s) shall remain as if
republished herein.
WITNESS the hand(s) and seal(s) of Assignee(s) as -of the Effective Date
above.
ASSIGNEE: ITY OF_CARMEL
Title:
6' -
CONSENT TO ASSIGNMENT
(SEAL)
In consideration of the above, LESSOR hereby consents and agrees to the
foregoing Assignment of Agreement to ASSIGNEE, Effective as of the Date
hereinabove provided.
This Consent shall not be construed by any party hereto as a waiver of
consent to any further or subsequent sublease, assignment or transfer of the
rights, duties and /or obligations, in whole or in part, of said Agreement(s).
IN WITNESS WHEREOF, LESSOR has caused these presents to be executed by its
duly authorized officer, this day of , 19
WITNESS(ES): CSX _'•NS.gORTATIO
• I
gni/ c164 -
By
s
Directo -C.% acts
ASSIGNMENT(S) - SCHEDULE A
AGREEMENT
NUMBER
AGREEMENT
DATE
TYPE OF
AGREEMENT
LOCATION
FORMER
RENTAL
NEW
RENTAL
PAYABLE
FEE
CSX- 019252
06/01/1993
Water Pipeline
Carmel, Indiana
- 0 -
- 0 -
Annually
$50.00
CSXT Form 2437 - Page 1
Revised November 1992
RE- 103333
JA30 \FR0528i1.93P
AGREEMENT No. Csx- 0Ig1.52.
PIPELINE PLACEMENT AGREEMENT
THIS AGREEMENT, Made as of the 1st day of June, 1993 by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is
500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor"
and ROSEMEADE DEVELOPMENT CORP., a corporation of the State of Indiana, whose
mailing address is 5282 East 65th Street, Suite 2, Indianapolis, Indiana
46220, hereinafter called "Licensee ", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, solely for the transmission of water hereinafter called
"Pipeline "under or across property owned or controlled by Licensor at or near
CARMEL, County of HAMILTON, State of INDIANA, at a point 465 feet south of
Milepost OQA -169, as shown on print of Licensee's Drawing, attached hereto and
made a part hereof, hereinafter called the "Crossing "; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application (CSXT
Form 7455), dated April 8, 1993, also attached hereto and made a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
terms and agreements herein contained, the parties hereto agree and covenant
as follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority
to do so, and as its present title permits, hereby licenses and permits
Licensee to construct, maintain, repair, renew, operate, use, alter or change
said Pipeline at the Crossing above for the term herein stated, and to remove
same upon termination, SUBJECT to:
(A) Licensor's present and future right to occupy, possess and
use its property within the area of the Crossing for any and all purposes
including future Railroad right -of -way use (as in Article 17);
(B) All encumbrances, conditions, covenants, easements, and
limitations applicable to Licensor's title to or rights in the subject
property; and
(C) Compliance by Licensee with the terms and conditions herein
contained.
1.2 The term Pipeline, as used herein, includes only the pipes, ducts,
casing, vents, manholes, connectors, fixtures, appliances and ancillary
facilities devoted exclusively to the transmission usage above within the
Crossing, and as shown on attached Application.
CSXT Form 2437 - Page 2
Revised November 1992
2. LICENSE FEE, TERM:
2.1 Upon executon of this Agreement, Licensee shall pay Licensor the sum
of FOUR HUNDRED TWENTY -FIVE U. S. DOLLARS ($425.00), receipt whereof is hereby
acknowledged toward the cost of preparing and processing this Agreement and the
Railroad Protective Insurance.
2.2 Licensee shall also pay to Licensor an Annual License Fee of FIFTY
U. S. DOLLARS ($50.00), payable annually on or before the anniversary of the
Effective Date. Such fee shall be subject to periodic review and adjustment by
Licensor.
2.3 Effective Date of this Agreement shall be the date first written
above. This Agreement shall remain in effect from year -to -year, subject to the
right of either party hereto to terminate at the end of any one (1) year term by
written notice given to the other party at least thirty (30) days prior to the
end of such term. Payment by Licensee of Annual License Fee shall not be held
to create an irrevocable license for any period beyond said one (1) year term.
This Agreement shall also be revocable in the event of Licensee's default, as
herein provided.
2.4 Licensee also assumes all responsibility for, and shall pay directly
(or reimburse Licensor) any additional taxes and /or assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or use of the
Crossing therefor.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee, at its sole cost and expense, shall construct, and
thereafter maintain, relocate, repair, renew, alter, and /or remove said Pipeline,
in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor, A.R.E.A. Specifications,
Licensee's particular industry, and /or any governmental body having jurisdiction
over the Crossing or Pipeline.
3.2 Location and construction of Pipeline shall also be made strictly in
accordance with design(s) and specifications furnished to and approved by
Licensor and of the material(s) and size(s) appropriate for the purposes above
recited.
3.3 Any repairs or maintenance to Pipeline which are necessary to protect
or facilitate Licensor's use of its property shall be made by Licensee promptly,
but in no event later than thirty (30) days after Licensee has notice as to the
need for such repairs or maintenance, whether or not said repairs or maintenance
result from acts of Licensee, natural or weather events or otherwise.
CSXT Form 2437 - Page 3
Revised November 1992
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the
Crossing, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health,
safety or environmental matters), letter(s) or certificate(s) of approval from
any state or local public authorities having jurisdiction over the Pipeline or
the intended use of the Crossing. Licensee shall thereafter observe and comply
with such permit(s) or approval(s) and with all applicable laws, regulations and
requirements of such public authorities, and future modifications hereof.
4.2 Licensee assumes sole responsibility for failure to obtain such
permits or licenses, for any violations thereof, or for costs or expenses of
compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation upon Licensor's property,
Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed of Licensor during construction,'
in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's
property or cause said surplus earth or material to be placed and distributed at
location(s) and in such manner as Licensor may approve.
5.2 After construction of Pipeline, Licensee shall:
(A) restore said track(s), roadbed and other disturbed property of
Licensor, to a condition satisfactory to Licensor; and
(B) erect and verify the accuracy of aboveground markers, in a form
approved by Licensor, indicating the location, depth and ownership of Pipeline
or related facilities.
5.3 Regardless of Licensee's dedication or conveyance of said Pipeline,
Licensee shall remain responsible for any subsidence or failure of subjacent or
lateral support in the Crossing for a period of three (3) years after completion
of construction.
6. PIPE CHANGES:
6.1 If Licensee undertakes to revise, renew, relocate or change in any
manner whatsoever all or any part of Pipeline (including any change in
circumference, diameter or radius of pipe or change in materials transmitted in
and through said pipe), plans therefor shall be submitted to Licensor for
approval before any such change is made.
CSXT Form 2437 - Page 4
Revised November 1992
6.2 After approval the terms and conditions of this Agreement shall apply
to any Pipeline changes.
7. INTERFERENCE WITH RAIL FACILITIES:
7.1 Although the Pipeline /Crossing herein permitted may not presently
interfere with Licensor's property, if the operation, existence or maintenance
of said Pipeline, at any time in the reasonable judgment of Licensor, causes:
(a) interference with Licensor's communication, signal or other wires, or
facilities; or (b) interference in any manner with the maintenance or use by
Licensor of its land, structures, pole lines, devices, other property, or any
appurtenances thereto; then and in either event, Licensee, upon receipt of
written notice from Licensor of any such interference, and at Licensee's sole
risk, cost and expense, shall promptly make such changes in its Pipeline as may
be required to eliminate all such interference. Upon Licensee's failure to
remedy or change, Licensor may do so or contract to do so, at Licensee's sole
cost.
7.2 Without assuming any duty to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake
necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby
agrees to make promptly, at Licensee's sole cost and expense.
8. LIABILITY, INDEMNITY:
With respect to the liabilities of the parties, it is hereby agreed that:
8.1 Licensee hereby assumes, and shall at all times hereafter release,
indemnify, defend and save Licensor harmless from and against any and all
liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or
injury to any person whomsoever (including officers, agents, employees or
invitees of Licensor), and for damage to or loss of or destruction of any
property whatsoever, arising out of, resulting from, or in any way connected with
the construction, maintenance, operation or use of Pipeline or any structure in
connection therewith, or the removal and restoration of Premises of Licensor
after removal, EXCEPT when caused solely by the fault, failure or negligence of
Licensor.
8.2 Use of Licensor's right -of -way involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding Section 8.1,
Licensee expressly assumes all risk of loss and damage to Licensee's Property and
Pipeline on the Crossing, including loss of or any interference with use or
service thereof, regardless of cause, including electrical field creation, fire
or derailment arising out of Licensor's rail operations. For this Section, the
term "Licensee's Property" shall include contents of Pipeline as well as property
of third parties situated or placed upon Licensor's right -of -way by Licensee or
by such third parties at request of or for benefit of Licensee.
CSXT Form 2437 - Page 5
Revised November 1992
8.3 Notwithstanding Section 8.1, Licensee also expressly assumes all risk
of loss which in any way may result from Licensee's failure to maintain either
the required vehicle clearances for any overhead Pipeline or the required depth
and encasement for any underground Pipeline.
8.4 All obligations of Licensee hereunder to release, indemnify and hold
Licensor harmless shall also extend to officers, agents and employees of
Licensor, and to companies and other legal entities that control or are
controlled by or subsidiaries of or are affiliated with Licensor, and their
respective officers, agents and employees.
9. INSURANCE:
9.1 Prior to commencement of surveys, installation or occupation of
Premises pursuant to this Agreement, Licensee shall procure and shall maintain
during the continuance of this Agreement, at its sole cost and expense, a policy
of Commercial General Liability (CGL) Insurance, naming Licensee as insured and
covering liability assumed by Licensee under this Agreement. A coverage limit
of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is
recommended as a prudent limit to protect Licensee's assumed obligations.
9.2 If said CGL policy does not automatically cover Licensee's
contractual liability during periods of survey, installation, maintenance and
continued occupation, a specific endorsement adding such coverage shall be
purchased by Licensee. If said CGL policy is written on a "claims made" basis
instead of a "per occurrence" basis, Licensee shall arrange for adequate time for
reporting losses. Failure to so provide shall be at Licensee's sole risk.
9.3 Licensor may at any time request evidence of insurance purchased by
Licensee to comply with this requirement. Failure of Licensee to comply with
Licensor's demand shall be considered a default, subject to Article 15.
9.4 Securing by Licensee of insurance hereunder shall not limit
Licensee's liability under this Agreement, but shall be additional security
therefor.
10. LICENSOR'S COSTS:
10.1 Any additional or alternative costs or expenses incurred by Licensor
to accommodate Licensee's continued use of Licensor's property as a result of
Track Changes or Pipe Changes shall also be paid by Licensee.
10.2 Licensor's expense for wages ( "force account" charges) and materials
for any work performed at the expense of Licensee pursuant hereto shall be paid
by Licensee within thirty (30) days after receipt of Licensor's bill therefor.
10.3 Such expense shall include, but not be limited to, cost of railroad
labor and supervision under "force account" rules, plus current applicable
overhead percentages, the actual cost of materials, and insurance, freight and
handling charges on all materials used. Equipment rentals shall be in accordance
with Licensor's applicable fixed rate(s).
CSXT Form 2437 - Page 6
Revised November 1992
10.4 All undisputed bills or portions of bills not paid within said thirty
(30) days shall thereafter accrue interest at twelve percent (12%) per annum,
unless limited by local law, and then at the highest rate so permitted. Unless
Licensee shall have furnished detailed objections to such bills within said
thirty (30) days, bills shall be presumed undisputed.
11. TERMINATION, REMOVAL:
11.1 All rights which Licensee may have hereunder shall cease upon the
date of (a) termination, (b) revocation, (c) subsequent agreement, or (d)
Licensee's removal of Pipeline from the Crossing. However, neither termination
nor revocation of this Agreement shall affect any claims and liabilities which
have arisen or accrued hereunder, and which at the time of termination or
revocation have not been satisfied; neither party, however, waiving any third
party defenses or actions.
11.2 Within thirty (30) days after revocation or termination, Licensee at
its sole risk and expense, shall (a) remove Pipeline from the right -of -way of
Licensor, unless the parties hereto agree otherwise, (b) restore property of
Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any
loss, cost or expense of Licensor resulting from such removal.
12. NOTICE:
12.1 Licensee shall give Licensor's Division Engineer (733 West 136th
Street, Riverdale, IL 60627) at least five (5) days written notice before doing
any work of any character on Licensor's property, except that in cases of
emergency shorter notice may be given to said Division Engineer.
12.2 All other notices and communications concerning this Agreement shall
be addressed to Licensee at the address above and to Licensor at the address
above, c/o Contract Administration J180; or at such other address as either party
may designate in writing to the other.
12.3 Unless otherwise expressly stated herein, all such notices shall be
in writing and sent via Certified or Registered Mail, Return Receipt Requested,
or by courier, and shall be effective upon: (a) actual receipt, or (b) date of
refusal of such delivery.
13. ASSIGNMENT:
13.1 The rights herein conferred are the privilege of Licensee only, and
Licensee shall obtain Licensor's prior written consent to any assignment of
Licensee's interest herein; such consent shall not be unreasonably withheld.
13.2 Subject to Section 13.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or
assigns.
CSXT Form 2437 - Page 7
Revised November 1992
13.3 Licensee shall give Licensor notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence
or status of Licensee, with a copy of documents attesting to such change or legal
succession, within thirty (30) days thereof.
13.4 Licensee expressly reserves the right to assign this Agreement, in
whole or in part, to any grantee or vendee of Licensee's underlying property
interests in the Pipeline or the Crossing, upon notice thereof to Licensor.
13.5 In the event of any unauthorized sale, transfer, assignment, sublease
or encumbrance of this Agreement, or any of the rights and privileges hereunder,
Licensor, at its option, may immediately revoke this Agreement at any time within
six (6) months after such sale, transfer, etc., by giving Licensee or any such
proposed assignee written notice of such termination; and shall reimburse
Licensor for any loss, cost or expense Licensor may incur as a result of
Licensee's failure to obtain said written consent.
14. TITLE:
14.1 Licensee shall not at any time own or claim any right, title or
interest in or to Licensor's property occupied by Licensee's Pipeline, nor shall
the exercise of this Agreement for any length of time give rise to any right,
title or interest in Licensee to said property other than the license herein
created.
15. DEFAULT, BREACH, WAIVER:
15.1 The proper and complete performance of each and every of the
covenants of this Agreement shall be deemed of the essence thereof, and in the
event Licensee shall fail or refuse to fully and completely perform any or all
of said covenants or to remedy any breach within thirty (30) days after receiving
a written notice from Licensor to do so, Licensor shall have the option of
revoking this Agreement, and the privileges and powers hereby conferred,
regardless of license fee(s) having been paid in advance for any period.
15.2 Upon such revocation, Licensee shall make removal as in Article 11.
15.3 No waiver by Licensor at any time of its rights as to any breach of
covenant or condition herein contained shall be construed as a permanent waiver
of such covenant or condition, or any subsequent breach thereof, unless such
covenant or breach is permanently waived in writing by Licensor.
15.4 Neither the failure of Licensor to object to any work done, material
used, or method of construction or maintenance of said Crossing, nor any approval
given or supervision exercised by Licensor, shall be construed as an admission
of liability or responsibility by Licensor, or as waiver by Licensor of any of
the obligations, liability and /or responsibility of Licensee under this
Agreement.
CSXT Form 2437 - Page 8
Revised November 1992
16. GENERAL PROVISIONS:
16.1 This Agreement contains the entire understanding between the parties
hereto, and may be altered, amended or modified only in writing, signed by both
parties.
16.2 Neither this Agreement, any provision hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
16.3 The form and language of this Agreement shall be interpreted or
construed as mutually drawn and not in favor of or against either party hereto
as the drafter thereof.
16.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law.
However, each separate division (paragraph, clause, item, term, condition,
covenant or agreement) herein contained shall have independent and severable
status for the determination of legality, so that if any separate division is
determined to be void or voidable for any reason, such determination shall have
no effect upon the validity of enforceability of each other separate division,
or any combination thereof.
16.5 This Agreement shall be construed and governed by the laws of the
state in which the Wireline is located.
17. RAILROAD TRACK RE- INSTALLATION:
In the event that Licensor re- establishes the Premises as an operated
railroad right -of -way, or re- installs railroad track(s) on the Crossing, the
following provisions shall also apply:
17.1 All Licensee's work and execution of rights hereunder shall be
undertaken so as to eliminate or minimize any impact on the Premises, Licensor's
track(s) and appurtenances thereto.
17.2 In the event that Licensor's railroad operating needs and /or
maintenance result in the future raising or lowering of Licensor's tracks, or in
the event future use by Licensor of Licensor's right -of -way and property
(including any relocation of, changes in or additions to Licensor's track(s) or
other facilities) necessitate any change of location, height or depth in Wireline
or Crossing, Licensee, at its sole cost and expense, and within ninety (90) days
after notice in writing from Licensor, shall make changes in Wireline or Crossing
to accommodate Licensor. Any additional costs or expenses incurred by Licensor
to accommodate the continued use of Licensor's property by Licensee shall also
be paid by Licensee.
CSXT Form 2437 - Page 9
Revised November 1992
17.3 For the purposes of liability and indemnity only all persons
(including the employees of Railroad and Licensee or employees of any independent
or subcontracting third parties) engaged in any construction or maintenance
activities at the Crossing or in any of the work described in this Agreement,
shall be deemed to be the sole contractors or agents of Licensee while so
engaged.
17.4 Nothing herein contained shall be construed to permit Licensee or
Licensee's contractor to move any vehicles or equipment over any track(s) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor (via Private Crossing Agreement).
17.5 Neither Licensee nor Licensee's contractor(s), agent(s) or
employee(s), may transport, carry or haul any explosive, flammable, combustible
or other hazardous or dangerous materials, goods or commodities over the Crossing
or across Track(s) of Railroad without separate prior written consent of
Railroad. Restrictions of this Section shall not apply to gasoline or diesel
fuel in the vehicular fuel supply tanks of any vehicle passing over Crossing.
17.6 Licensee shall co- operate with Licensor in securing and complying
with any Federal, State or local permits relative to Licensee's Pipeline and /or
the Crossing.
17.7 In the re- construction and /or maintenance of said Pipeline, Licensee
shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. In the event such consent is
extended, a representative will be assigned by Licensor to monitor blasting, and
Licensee shall reimburse Licensor for the entire cost and /or expense of
furnishing said monitor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate, each of which shall be a duplicate, as of the date and year first
above written.
Witness for Licensor: CSX TRANSPOR
Witness for Licensee:
By _
Title: DIRECTOR •NTRACT
ADMINISTRATION
ROSEMEADE DEVELOPMENT CORP.
By Ata/O.SAka
Title: Rafter A. Nut
fntu/Jfnt
May 25, 1993
City of Carmel
Mr. Robert A. Dine, President
R.A. Dine Co., Inc.
5282 East 65th Street, Suite 2
Indianapolis, Indiana 46220
RE: File RE- 103333
Dear Mr. Dine:
I have no problem with your agreement with CSX in reference to the
water main crossing for Rosemeade Commons Subdivision. I am aware
that upon completion, the water line will be dedicated to the City
of Carmel, along with the commitments in the license agreement.
These obligations of the $50 annual fee and the 3 million dollar
insurance coverage are the same current commitments we have with
CSX for a storm sewer project, RE- 91435 -LA.
Sinc_ e1y,
Theodore E. Johnsen, Mayor
City of Carmel
TEJ /rbh
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2400
CSXT 7455
REV. 5.27 -92
TAANrIOITATION
APPLICATION FOR PIPP.IINE CRO,5SING UNDER /OVER PROPERTIrS` i TMCK
Subdivision INDIANToI-(S (3 (2. Vai:$t (MA?) is
Plans for proptasadlnelatlallfin sliail be submitted to and meet the approval of the Railroad C9InsitltlY,,ti41Or4 coast-maim) is begun.
Material and initalitd)ienti�;tu"¢� to be in strict accordance with specifications of the American Rei1way'linrering Association and
mph QtCSX rrpWPOrtation, Inc. Qriginal and four (4) copies of this form Anil be spbmk4d,.accompanied by five (5)
letter size print pf a draary'u�showing plan, elevation secdoh of crossing from field survey, locatsoti ip,respect to milepost, width
it location of adjacent structures affecting crossing. and all iafcsrmatl t torod in Figures 1 and 2
of Railzoad'a right of Y+gy fled ] . �.
of A RIM. S24 Gcatio e,,)4 t 5 • Pipelines. If open cutting or tunneling is necessary, details 0.1 0# $ � method of supporting
tracks 'or drlvin8 tstnocltia)1 l e shown. r
I. Complcta lust tonsil of appkl�L t / PCsotfleAlo . �%JefDPtr i.ni. 64' .
Telephone: C O I ) Rsf t l
2. Address: & J {• (s Sal S •• city, ix) OPLS State: Ud hip: 14714
3. 1f incorporate t>e .'c) State in which incorporated: TNtO /A&A- MunadpOt . trI41PkS
q. I.ratton : 5 feet . 5 (direction) from nears t Raitroad bi t . 42 (i?A- I c R
5. Nearest'city L� �e1 county: WonIL7fNf Star (P]
6. Within limifs gill h17c';highway? Yes No X 'yes', show the road r i.-way on print -
DOT /AAR Ctos'llog. NG. N . A ,
7. Temporary trapkiimpOrt or i-tpra ping required'? Yes No • Describe jJ4IL !'-S i I t'ES
8. Wues,po u}istrrtrriloiss.tobe relocated? Yes No X - De gibe
9. Product tabo`G4otpygd 'vIA'iEA —flammablin Yes No
Nom'
(For RR Use) : Dlvisios N CAGo
10. Max. Working PressisiO: ; ¢ go PSI. Feld Tcst Pressure
11. l.ocatioti or" Aur :oUyalvps 2.aC4 Tel utairktH f 25ot ?e
12. PIPE S ?ECI ICAtip i 5,., CARRIAR PIPE'
■ CAST t'Rc4
Material
Material Sp*rifli atv s.4;Oracle
Minlmtin:YtFld'¢ttc. b of Material PS1
Mt1! Test Prbsdw'.Q P51
Itisldc DN44et4f.:
Wall Tliitk4e4
Outgide:Dipmctct:
Type cif • Seism ;
Eying Lengths
Kind Of Joints';
Total Lengths With v. Railroad Hight-of-Way
Vents: .',Nttu(bet Size
Seals: 1. E64 end;
So0TH
efaperature yle
eSt 5T.4•fi c
GAW&CLCs
4Z/Cst:Cii
{,ac
w
5q5 rr
tridenCa q 06I'
Sfs/1/ 20 +
?WA '4'4
►ICs
Bury, .''Beac.':pt 04 to top of casing
B!uY ; 0254:14 Oat tracks) 4
Bury I, (fIcti0Mtit 'ditches) 4-
CATHOCIIC P$Q'i' Lt1ON: Yes No _
PROTECTivf~ C4JAT1NO: Yes No
Type, size aiid'spad4g pf insulators or supports i,J Ar
13. hiethodofipstallatiOn'..,,.' . oe€13 "'abacta cur
14. If applic*114 Ls to existing crossing, give date of agreement_t.dA
s�n•slt? i PE;
ycots.
1•tt
;"'d • tt ++ M1r]
-q- 1277.3?(.
SS
WELDED
Height above ground.
One end
feet
feet
feet
Kind
Inches
inches
inches
•
If application is approltdt! applicant agrees to reimburse t XT for any cost incurred by the Rai4641 incident to installation,
matntenant a and /pi supgn)ston necessitated by this pipeline installation and further agrees tp.earasitae all liability for aeudenu
or injuries ?IMF* ariaq ;r4 aresult of this installation. Should open cut installation be required, pp$$i rt v4U be responsthlc for
all costs ipcyrred by. C$1C, (p r ?Wove and reinstall rail and incidental track resurfacing. Contract t:4parallon fee in the amount
of $20004 is attached
one • Signature Jr Title of Officer Making Application?
RE—\o.33 '55..;`
- PleeteTypcorPrint: ROpi €R-r- A. Owe - Pggtiv :. Lail ) 041—titer l
F.117,21.
- • •
■
cIfl
I b
15' Si. k
BO' Cf
PROPOSED 12s CAS} PIPE
TRENCH 010
PROPOSED ROSEMEADE COMMONS
SUBDIVISION
NOTE
ALL WATER MAIN TO HAW MINIMUM COVER
OF 57"
PROPOSED Er WATER VAN
SCALE 16-501
PROPOSED WATERMAIN CROSSING
ROSEMEADE COMMONS
CARMEL, INDIANA
)INDIANA
SEAL
EXISTING FIRE HYDRANT ,..-------, /7L 6—. . /P-e-S- /O9833
7 -:: NN
X15.11NC 5 *AIT.R 111.N
(PLR PLAN) I
.• ;
ROADBED
EXISTING RAILS & TIES HAVE BEEN ABANDONED
• ..
8" CARRIER PIPE (WATER MAIN)
SEAL ENDS WITH
DOUBLE BRICK &
MORTAR
12" CASING PIPE
12" CASING PIPE, LENGTH AS SHOWN ON PLANS
0.188 MINIMUM NOMINAL THICKNESS
LONGITUDINAL WELDED STEEL
PIPE BITUMINOUS COATED
INSIDE AND OUT
FILL VOID AREA
WITH 1:8 CEMENT
SANDFILL
TYPICAL CASING PIPE DETAIL
8" CARRIER PIPE
ROSEMEADE COMMONS
EAST 11611-1 STREET
CARMEL, INDIANA 333
—io3
"PROMO r WATER YAM RC69NG
FtOSEIAEADE COWES
SUBtAVISION
Lb cam", pJ Ctiy La4n5
CALKATIEL "Ca1/41 •
Kos 4/-
EAST 116TH STREET
AREA MAP
RANGEUNE ROAD
"Th