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HomeMy WebLinkAboutResolution - 121775A - Natural Gas Line Land Use Permit Agreement - Pioneer Natural Gas Co - Airport - 12/17/1975JWF:cab RESOLUTION /6Z/1175 A BE 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 Natural Gas Line Land Use Permit Agreement to Pioneer Natural Gas Company as Permittee for a gas line to serve Municipal Airport of the City of Lubbock, 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 17th day of December 1975 ass ROY BASS, MAYOR A TEST: 1 reva Phillips, rity Secretary -Treasurer APP ED S FM: . Fred O. Senter, Jr., City Attorney NATURAL GAS LINE LAND USE PERMIT AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § , THIS AGREEMENT entered into as of the day of 19 , by and between the CITY OF LUBBOCK, a Texas Home Rule Muni- cipality, herein called "CITY", acting through its MAYOR hereunto duly authorized, and PIONEER NATURAL GAS COMPANY, a corporate public utility company, acting by and through its undersigned officers hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I. THAT in consideration of ONE AND N0/100 DOLLARS ($1. 00) and other good and valuable consideration and the mutual agreements to be kept and performed by the undersigned parties, the CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain, and use an underground gas distribution line in, upon, under, along, and across the following described real estate owned and controlled by said CITY, to-wit: A 20.00 foot Natural Gas Line Land Use Permit, to Pioneer Natural Gas Company, out of Section 28, Block A, Lubbock County, Texas, said permit area being 10.00 feet either side of the following described center line: BEGINNING at a point which bears North 2, 740 feet, more or less, and East 120.00 feet, more or less, from the Southwest corner of said Section 28, Block A, and said point being in the East Right-of-Way line of Interstate Highway 27 and 10.00 feet North of the North curb of the Norah lane of the entrance road of the existing Lubbock Regional Airport; THENCE East, parallel to and 10.00 feet North of said curb, a distance of 421.00 feet to a point, said point being 10.00 feet west of the west curb of an intersect- ing North-South street; THENCE North a distance of 10.00 feet to a point; THENCE Northeasterly, along a curve to the right with a radius of 255. 00 feet, a distance of 175. 00 feet to a point; THENCE Northerly, along a curve to the left with a radius of 235.00 feet, a distance of 161. 00 feet to a point; THENCE North a distance of 77.00 feet to a point; THENCE East a distance of 65. 00 feet to a point; SAID Gas Line shall be buried 36 inches below the surface of the ground and/or paved surface under which it lies, and is for the service of Lubbock Municipal Airport tenant and/or Lessee. II. PERMITTEE after construction shall at its cost, restore the surface to its original condition. PERMITTEE at its own cost and subject to the supervision and control of the CITY shall locate, construct, and maintain said Gas Line in such a manner that it will not at any time be a source of danger to or interfere with access to or operation of said Municipal Air- port and/or any Municipal facilities and the safety thereof, and PERMITTEE agrees that at any time CITY builds any improvements and/or facilities which necessitates removal or relocation of PERMITTEE'S Gas Line, that PERMITTEE will forthwith accomplish such relocation or removal as requested by CITY at the cost and expense of PERMITTEE, and there- after maintain its gas line as designated by the CITY. III. PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons which may be due in any manner to the construction, use, maintenance, state of repair or presence of the Gas Line installa- tion and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. IV. THIS PERMIT is given by the CITY and accepted by PERMITTEE upon the express condition that the same is, and at all times shall be revocable at the will of the CITY; and whenever requested so to do by the CITY, PERMITTEE agrees at PERMITTEEIS expense to remove said Gas Line installation from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said Gas Line installation thereon. In case PERMITTEE shall fail to restore the City's premises as aforesaid within thirty (30) days, CITY may proceed with such work at the expense of PERMITTEE. No termi- nation hereof shall release PERMITTEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date of termination or such later date when the Gas Line installation may be removed and said pre-. mises restored as hereinabove provided. V. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns, but no assignment hereof by PERMITTEE shall be binding upon the CITY without the written consent of the CITY in each instance. VI. THE TERM of this grant shall be from year to year (without renewal) not to exceed twenty years unless sooner revoked at the will of CITY as provided in Sections. IV and VII hereof. VTI. ANY Notice, Request, Instructions or Revocation of this license to be given by CITY to PERMITTEE hereunder shall be deemed to be pro- perly served if delivered to PERMITTEE or if deposited in the Post Office, postpaid addressed to PERMITTEE at 1500 Broadway, Lubbock, Texas 79401, or to the last known address of PERMITTEE. -2- VIII. PERMITTEE by the acceptance of the uses permitted herein, under- stands and agrees that no interest, title or rights of possession are intended or implied except those expressly set forth herein and PERMITTEE waives any and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. IN WITNESS WHEREOF, the parties hereto have executed this instru- ment, in duplicate, the day and year first above written. CITY OF LUBBOCK BY: ROY BASS, MAYOR ATTEST: Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney ACCEPTED: PIONEER NATURAL GAS COMPANY BY: ITS: PRESIDENT ATTEST: Secretary THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ROY BASS, 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. GIVEN UNDER MY HAND AND SEAL (OF OFFICE this day of 19 . (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he -3- executed the same as the act and deed of PIONEER NATURAL GAS COMPANY, and as its President, for the purposes and con- sideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of lg (SEAL) Notary Public, County, Texas j