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Home My WebLink AboutResolution - 091373D - Contract - ATSF Railway Company - Marshall St. Near Marnels, TX - 09/13/19731 1 I �frl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT at a regular meeting of the governing body of the City of Lubbock, Texas, there came on to be considered the matter of the execution of a license between the said City of Lubbock, Texas, and the Atchison, Topeka and Santa Fe Railway Company, relating to 10 inch water line undercrossing of said Railway Company's trackage in Marshall Street and at MP 672-'+ 1270.4 feet, near Marnels, Texas, at or near said City of Lubbock, Texas, whereupon the following proceedings were had: It was moved, seconded and unanimously voted that MORRIS W. TURNER, Mayor, be authorized and empowered to execute on behalf of the City of Lubbock, Texas, such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Council at the foot of this Resolution. Passed by the City Council this 13th day of seeotember-- 1973. MDRRIS W. TURNER, MAYOR ATTEST: 1 ILavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: I elf red . enter, Jr. ity~Attorney r f L {�'jrti �rcr;i,y DUPLICATE Ien. 1658 Standard (Appr'wmd by Gewal Sohdtor) PIPE LINE LICENSE THIS LICENSE, Made this . a1h day of A+l;o, st betwgen THE ATCHISM, TOkEKA AM _SAINTA FE RAILZJAy COMPATUX , g l;elaware corporation (hereinafter called "Licensor"). party of the first part, and CITY OF LULBOCK a Vhmicipal Corporation (hereinafter, whether one or more, called "licensee"), party of the second part 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, Licensor licenses Licensee to construct and maintain ane _ (1 ) pipe line----, 100 f not i n a magth and 10 —Akj- —3nchea 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--. !:&=a, a„�-- _.Lubbock _ County, Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No. D L�UI-•91'77 dated A� 1st 2,_-1973 marked "Exhibit A" and mads. a part hereof. 2. Licensee shall use the PIPE LINE solely for and shall not use it to carry any other commodity or for any other purpose whatsoever. �. S. Licensee shall pay Lkensor as compensation for this license the sum of—_--. One And No=ths Dollars — — — --- - 01,0O) 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en- gineer, 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 un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPTr=E shall be constructed, installed and t ere - after maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licensor 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 perform 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 sup- port Licensor's tracks and for flagman to oroteet its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. G. 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 manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such; foss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per eons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind.. ?: If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here-,,. in contained Licensor may at its election forthwith revoke this license ++ L THIS LICENSE is given by Licensor and accepted �y 1censee upon the express condition that the same may be terminated at any time by either party upon den (10) days' notice in writing to be served upon the other p� . 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 demand of Licen- sor, 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 there- under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination Licensor may proceed with ouch ,work at the expense of Licensee. No termination hereof shall release U&;nsee from any liability or obligation hereunder, whether of indem- nity 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 F. 0..Box 20C10. Lubbock, Texas 79457 k 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 Mail, postage prepaid, addressed to Licensor's DivLgion S`upolrintendent ; _ —at .�900—Polk Street Amarillo, Te).as 79171` - 11. In.the event that twp 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 ana agreements of such 12. All the covenants and provisions of this instrument shall be binding.upon and inure to the bene- fit of the successors, legal representatives and assigns of the parties to the rape extent and effect as the name are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND S&INTA FE RAILWAY COMPANY (Licensor) Approved as to Description: 87 J. its Sue eat Chied Znglnear. CITY OF LUBBOCK' ` i .. Tlt a i...-._ Ykyor (Licensee) I EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SAUTA FE RAILWAY COMPANY PLAINS DIVISION AND DISTR1CT .� c ,+•. • CO ✓E.�/�✓G s9 !�✓�TE.e G/NE' C.G'OSS/�✓G' . SCALE% 1"= /OD ' D.E.O. AMARILLO, TEXAS NO. W77 DATED: wGasr,z� /9%3 i a Identified B7Y-v{-✓ • �° O fcloe Division Engineer. 2 /✓li9,G'i�/E•G 5J LUB6d C.0 Coe ^17 TEXT'S. � T.�'' O • .?O 3 - - i"r t .e CO. ,E'O/�E,eTy� t ii✓t - - - \ 1p ` Mfg/^/ T.E.C.- • TiYE �9 Tom' S � .e!' CO . • T,E,C.•N17• D.Z - T.t'.C• CJD. .Z.2 Sf ' " 1 f . TE'.0 .vo• .7l/" - "E -e.7 ' 100 a 7.9 70 /00 FEET OF /O /�/C,•y ' O • Q J CG�'SS /.SOS O.e BE,or 1123 . A -11 -11 -71 -Al 1001 ', !•�✓o.�',�/i��G f',e°ESSv,�E OF Gp .ms's/� C,�OSs�i�/G ' ', •BEf./E��H Tif�E" T,ef/C.L� i9T f' IE�Tif� Of .S%:S" FEET � .,BELO`✓ 1�i9SE' Of .�i.�/G/ ,%//�, S..t�4tc%/' �f/E,c�EO/� .may ,E�EQ j COLD.G'/�/G . • A1. . • EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SAUTA FE RAILWAY COMPANY PLAINS DIVISION AND DISTR1CT .� c ,+•. • CO ✓E.�/�✓G s9 !�✓�TE.e G/NE' C.G'OSS/�✓G' . SCALE% 1"= /OD ' D.E.O. AMARILLO, TEXAS NO. W77 DATED: wGasr,z� /9%3 i a Identified B7Y-v{-✓ • �° O fcloe Division Engineer. 2 /✓li9,G'i�/E•G 5J LUB6d C.0 Coe ^17 TEXT'S. � T.�'' O • .?O 3 - - i"r t .e CO. ,E'O/�E,eTy� t ii✓t - - - \ 1p ` Mfg/^/ T.E.C.- • TiYE �9 Tom' S � .e!' CO . • T,E,C.•N17• D.Z - T.t'.C• CJD. .Z.2 Sf ' " 1 f . TE'.0 .vo• .7l/" - "E -e.7 ' 100 a 7.9 70 /00 FEET OF /O /�/C,•y ' O • Q J CG�'SS /.SOS O.e BE,or 1123 . A -11 -11 -71 -Al 1001 ', !•�✓o.�',�/i��G f',e°ESSv,�E OF Gp .ms's/� C,�OSs�i�/G ' ', •BEf./E��H Tif�E" T,ef/C.L� i9T f' IE�Tif� Of .S%:S" FEET � .,BELO`✓ 1�i9SE' Of .�i.�/G/ ,%//�, S..t�4tc%/' �f/E,c�EO/� .may ,E�EQ j COLD.G'/�/G . •