Loading...
HomeMy WebLinkAboutResolution - 101476A - Pipe Line License Agreement - ATSF Railway Company - Station 240 - 10/14/1976A0/4�9�o)4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF LUBBOCK: THAT the Mayor of the City 91 Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License Agreement to be entered into by and between said City (as Licensee) and the Atchison, Topeka, and Santa Fe Railway Company (as Licensor) for a water pipeline crossing by said City at MP4 + 2899.0 at Station 240 + 19 of said Railway for a 21 inch (diameter) casing pipe; 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 October , 1976. A , Cpiy Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. C' Attorney f • �tilttllt!ll���� 21 Form 1658 Standard '' , • , , ��� (Approved by General Solicitor) > ,, 'IN PIPE LINE LICENSE TRIS LICENSE, Made tlus_.-.ZZetv___--day of__--_-�Septambex __- -_ -- 191f _between__-_-�__ATCHISON, _TOPEKA AND -SANTA FE RAYLt,*AY COMI'AtJY __���__�--_- ���� ' Delaware ,�--�- corporation (hereinafter called "Licensor"), party of the first ,part; and CITY_OF Lt'i__E_BnCP._,-TEXAS,_ a Huaicipal corporation s i _ � �` ----- _..11eLEtlntn iin1Y-�uthnxiZed___ (hereinafter, whether one or more, called "licensee"), party of the second WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: L Subject to the terms and conditions hereinafter set forth, LicenFor licenses Licensee to construct and maintain_ ---one _�_- ---- - --- ( 1-) pipe line; 25.80 .. - • , .--------- , ::.:. : , __._inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of— c,k-,--_:-_ --I'nb�1k-Q0��_ T+x"-------the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No— X-2-262 dabrd--- _ September I6,-1976 marked "Exhibit A" and made a part hereof. _ 2. Licensee shall use the PIPE -LINE solely, for carrying __Water __ and shall not use it to carry any..other commodity or for' any other purpose^ whatsoever. 3.' Licensee shall pay Licensor as compensation for this license the sum of-Dine_Rtina d 'i£t r And- NO�lIlOth�_- __— _ - - - ---- ---- - - - - uoll.ara 7-7-7—------ 4. --4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief . ., engineer, locate, 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 and property of Licensor, or the 'safe operation of its railroad. In cases where the,Licensee is permitted under paragraph 2. hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances underressure, p the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on rint hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Lice see shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor may, at its option, itself perform 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 per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. 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 of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. . 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out anjr of the covenants herein contained Licensor may at its election forthwith revoke this license. 8. TRIS 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 uponten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other .manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor' s premises as aforesaid within ten (10) days after the effective date of termination, Licensor may expense of Licensee. No termination hereof shall release Licensee from any liabioceed lity or obligation such here- under, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and . track of Licensor restored as above provided. 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, 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 , 10 Any notice hereunder to be given by.Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail; postage prepaid -addressed to Licensee at P O.Box 2000. Lubbock 79457 - Texas , �___yw Any notice to be given hereunder by Licensee to Licensor_ shall be deemed to be properly served if the same be deposited .in the United.States 112ai1 P . , postage prepaid; .addressed td Licensor's y :bivision Superintende _ -` 11. In the event that two or more parties execute this instrument .as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such patties. , - 12. All the covenants and provisions of this `instrument shall be binding r benefit of the successors, legal. representatives and asst upon and inure to the, as the same are binding upon and inure to the benefit of the the hereto but no assthe same ignment and effect by Licensee, its successors, legal representatives or assigns, or gement hereof ing upon Licensor without ;the written consent of Licensor o each subsequent assignee, shall be bind- ti IN WITNESS WHEREOF,. The parties.have executed this agreement in duplicate the day and year first, above written, THE ATCHISON, TOPEKA AND SANTA FE RAILV Y COMPANY -- - . • ... t-------.� (Licensor) Approved as to `Description r, ---- - ----- - --- ------------- -------- ------ - By r Its-_-- -- Assistant to General *iaaaer ti� Chef Engineer.------ .�10 w LCITY OTSOC ' • •� --- mrp ------- r r• fn i:..---...ney Its ----- --------------- ------------------------------------------ - ----- —__— (Licensee) EXHIBIT "A.. TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAINS DIVISION SEA"AVES DISTRICT AND THE CITY OF LUBBOCK COVERING WATER LINE CROSSINr N EAR LUBBOCK, LUBBOCK COUNTY, TEXAS SCALE 1 _ I00 A.G.M.-ENGINEERING-AMARILLO, TEXAS No. X-2-762 DATED: SEPTEMBER 16, 1976 -STA. 240+ 19 - l j MP 4+2899.0 1O R -- , Pro ert !_ i ne o ". It 36'Dia. Casing Pipe Ic In - n To Seagraves ccN I $ To Lubbock --�-- 0 - On .: Ry. Co. Property Line VA L. 16 MAP NO.2 TEXAS "PAR.NO.4 DESCRIPTION: IOU feet of 25.80" O.D. cast iron water'- ater-line, line,bitumious coated, class 150, wall thickness 0. 92, compression joints, with a working pressure of 65 Ib, p. s. i. of which 50 ft. is' encased in a 36"— 12 gage corrugated galvanized metal pipe, placed 112! Top of casing to base of rail by dry bore only, ' ._ . as shown hereon by red coloring.