HomeMy WebLinkAboutResolution - 1229 - Street & Alley Use License -Texland Petroleum - Pilpline, Sec 1 Block D-4 - 10/14/1982IHW: da
RESOLUTION
RESOLUT ION 1229
(H.. A. Sessions and 12)
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street and
Alley Use License Agreement with Texland Petroleum, Inc., attached herewith
which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as
if fully copied herein in detail.
Passed by the City Council this 14th day of Oct er 1982.
r
LL McALISTER, MAYOR
ATTEST:
Eiielyn Gaiw9a, ty ry-Treasurer
APPROVED AS TO CONTENT:
Don J hningspAity Engineer
APPROVED AS TO FORM:
[arold Willard, Asst. City Attorney
RESOLUTION 1229 -.10/14/82
2 (fI.A.Sessions #1 & Y12
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 14th day of October , 1982, being the
date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Muni-
cipal Corporation, and TEXLAND PETROLEUM, INC., Lubbock County, Texas, herein-
after called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to
use a portion of dedicated streets to construct and maintain an underground
pipeline to transport salt water resulting from oil production, this license
being classified as a'subsurface license, and:_such pipel ne:.shall be constructed
of tubular steel and have a minimum cover of at least 40 inches from the
ground surface at the following locations:
Field notes on a 10.0 feet pipeline easement, 5.0 feet on each side of
the centerline out of Section 1, Block D-4 Lubbock County, Texas and the
centerline being more particularly described as follows:
Beginning at a 3/8" iron rod set in the Southerly R.O.W. line of Farm
Road 2641, whence the Northeast corner of Section 1, Block D-4 bears
North 0°04'29" East, 250.30 feet and South 89*57'20" East, 214.61 feet;
Thence North 14°26122" East at right angles to Farm Road 2641 R.O.W., at
60.0 feet cross Farm Road 2641 centerline station 286+14.75 and con-
tinuing for a total distance of 120.0 feet to a 3/8" iron rod set for the
end of this description, in the Northerly R.O.W. line of Farm Road 2641,
whence the Northeast corner of Section 1, Block D-4 bears North 0°04'20"
East, 134.07 feet and South 89°57120" East, 184.84 feet. .
Containing 1200 Square Feet.
1. The term of this grant shall be for five (5) years from date hereof,
and shall be automatically extended for successive five (5) year terms not to
exceed twenty (20) years in any event unless either party shall give written
notice of termination to the other party sixty (60) days before the expiration
of the first, second, or third five (5) year term as the case may be, and the
City of Lubbock retains the right at its election to cancel and revoke this
license with or without cause upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post office, postage
paid, addressed to LICENSEE at 3402 ,Fort Worth National Bank Building, Fort
Worth, Texas 76102, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the im-
provements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses
to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF
LUBBOCK shall enter possession, and remove or cause to be removed such im-
provements and the expense incurred shall be assessed against LICENSEE for
which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in
advance contemporaneously with the acceptance and execution hereof by PJCENSEE
for the first five (5) year term of this license, and thereafter such;'rate of
compensation may be changed for each succeeding five (5) year term by the CITY
OF LUBBOCK to a rate of compensation which is based on procedures and policies
as established by the City Council of the CITY OF LUBBOCK based on an appraisal
of the fair market value of such land by the Right of Way Department of the
CITY OF LUBBOCK as applied to the formula for determining such rate estab-
lished by the City Council. If such rate is not changed by the CITY OF LUBBOCK,
the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK
shall notify the LICENSEE of any change in rates in writing ninety (90) days
before the start of the five (5) year term to which such change in rate shall
apply, and if .such notification be not timely made then the rate for the pre-
ceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the rerouting or realignment of any public
utility, franchised utility, or sanitary or storm sewer line constructed or to
be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees
to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first re-
ceiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LI-
CENSEE exercise any right under the license herein granted and prepare or
begin or complete any part of the construction as herein contemplated across
any or all of the above set out property, then and in that event said LI-
CENSEE, his heirs and assigns, will at all times defend, indemnify and other-
wise hold the CITY OF LUBBOCK, its agents, servants, and employees harmless
from any and all claims, demands, actions, causes of action, suits at law or
In equity of whatsoever kind or nature which may grow out of or be related to
the making of this license or the construction or maintenance and use per-
mitted herein. The CITY OF LUBBOCK, at its option, may require an agreement
with any contractors hired by LICENSEE to performtheconstruction, repair or
maintenance permitted herein, which agreement will indemnify the CITY OF
LUBBOCK from and against all claims, liability, cost and expense growing out
of the performance of the work to be done by such contractor. The CITY OF
LUBBOCK may further require such contractor, when engaged in the construction,
repair or maintenance permitted herein, to furnish, without expense to the
CITY OF LUBBOCK, a reliable surety bond, in an amount and in the form satis-
factory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of
all the terms, covenants and conditions contained in said agreement and a
certified copy of a policy of public liability assumed by contractor in said
Agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice
to LICENSEE prior to incurring any costs or expenses or the payment of any
such claims or demands in order to give LICENSEE a reasonable opportunity to
settle or adjust the same.
7. LICENSEE agrees and is required to furnish a policy of public lia-
bIlXty ,and property damage insurance, within limits specified by, and in a
form satisfactory to the City Attorney for the CITY OF LUBBOCK and which names
the CITY OF LUBBOCK as the insured, said policy covering the uses herein
granted.
8. All of the covenants and provisions of this license shall be binding
upon and inure to the benefit of the successors, legal representatives, as-
signs and the duly authorized agents and contractors of the parties hereto to
the same extent and effect as the same are binding upon and inure to the
benefit of the parties hereto, but no assignment hereof by the LICENSEE, its
successors and assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance except as specified in Para-
graph d'i've (5) .
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are,intended or
implied except those expressly set forth herein and LICENSEE waives any and
all claims in and to the public way it is permitted to use hereby and agrees
to give peaceful possession of said property covered herein upon termination
or cancellation of this license.
CITY OF OC
r
BY
ILL McAlister,'MAYOR
ATTEST:
Evelyn Gaffia, City Seelfereasurer
AGREED TO AND ACCEPTED this day of , .1982.
LICENSEE: TEXLAND PETROLEUM, INC.
Y
APPROVED AS TO CONTENT: R c er, PRESIDENT
07�
Don J nings City Engineer
APPROVED AS TO FORM:
l'i CA uC 'u l i .l Yet n k,t]
Harold Willard, Asst. City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared BILL McALISTER, Mayor, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY
OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed
and in the capacity therein stated.
GxVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1982.•.. --.. _
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared R. J. SCHUMACHER, President
known to me to be the person whose name is subscribed to the foregoing in-
strument and, acknowledged to me that he executed the same for the purposes and
cons�derzation therein expressed, and in the capacity therein stated as the act
And deed,,of' said corporation.
GIVEN UNDER -MY HAND AND SEAL OF OFFICE this C'? of G�'c4___..
1982. '
Notary Public, 7.m-ounty, Texas
.. PLAT 5NOWING CEN`TEI2LINE OF 10 FEET PIPELIME EA5EME'NY
OUT OF 5ECTION 1$ I3LOCV D4, LUB50CK COUNTY, 'TEYCA5
CERTIFIED CORRECT:
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12EGISTE12ED PU6Lr- gU¢v6YO12
_c5CALM
/4'joi'N
WIL50N SURVEYING Co, , INC. .....232
IIIG AVE'LIUE M
LUBBOC V , TEXAS`S,
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