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HomeMy WebLinkAboutResolution - 2018-R0104 - Texland Petroleum - 03/22/2018Resolution No. 2018-RO104 Item No. 6.4 March 22, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Street Use License, by and between the City of Lubbock and Texland Petroleum, Inc., and all related documents. Said License is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of March , 2018. DANIEL M. POPE, MAYOR ATTEST: pj-""�-40 , C - Reb t a Garza, City Sec eta APPROVED AS TO CONTENT: f I3-1-4 Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: R an rooke, Assistant City Attorney RES.St Use Lic-Texland Petroleum Inc. 2.21.18 Resolution No. 2018-RO 104 STREET USE LICENSE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This License made this 22nd day of March , 201 R being the date of this License between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and Texland Petroleum, Inc., hereinafter 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 the use a portion of dedicated streets to construct and maintain crude oil flow pipeline, this license being classified as a subsurface license, and such pipeline shall be constructed of fiberglass and have a minimum cover of at least forty inches (40") from the ground surface at the following locations: Centered within a two foot (2') wide Street Use License out of Section 77 and Section 5, Block A, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point which bears South 64 degrees 37 minutes West from the Northwest corner of Block 5, Meadowbrook Addition to the City of Lubbock, said point being in the West right-of-way line of North Magnolia Avenue; THENCE North 25 degrees 23 minutes West a distance of two feet (2') to a point; THENCE Northeasterly parallel to and two feet (2') North of the South right-of-way line of Municipal Drive a distance of 1,164.95 feet to a point; THENCE East approximately 135.00 feet to a point in the East right-of-way line of North Quirt Avenue; THENCE South 0 degrees 13 minutes East along the East right-of-way line of North Quirt Avenue a distance of two feet (2') to a point; THENCE West approximately 13 5. 00 feet to a point; THENCE Southwesterly along the South right-of-way line of Municipal Drive a distance of 1164.50 feet to the POINT OF BEGINNING. Said Street Use License being more particularly described in attached Exhibit "A." The term of this License 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 before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF STREET USE LICENSE 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 777 Main Street, Suite 3200, Fort Worth, Texas 76102, or the last known address of LICENSEE, as provided to the City Manager of the CITY OF LUBBOCK by LICENSEE. Upon the expiration or cancellation and revocation of this License by the CITY OF LUBBOCK, or the abandonment of this License by the LICENSEE, the improvements 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 take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE 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 established 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 is not made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this License herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance, or other material, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the License. 3. In the event the CITY OF LUBBOCK determines that the License herein granted 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 in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE'S use herein. 4. This License is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This License is made subject to the condition that should the LICENSEE exercise any right under this License and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, STREET USE LICENSE said LICENSEE, its successors and assigns, will at all time defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action and 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 use permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, 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 contractors. The CITY OF LUBBOCK may further require any of said contractors, 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 a form satisfactory 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 insurance assumed by said contractors 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. 6. LICENSEE agrees and is required to furnish a policy of public liability 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. 7. All of the covenants and provisions of this License shall be binding upon and inure to the benefit of the successors, legal representatives, assigns 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 or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4). 8. 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. No interest for real property is conveyed or granted by this License. 9. The CITY OF LUBBOCK reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to week any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. STREET USE LICENSE AGREED TO AND ACCEPTED this 22nd day of March ) 2Ill& CITY OF LUBBOCK tt'e-' DANIEL M. POPE, MAYOR ATTEST: Q a" A/--) Rebe ca Garza, City Sec tar APPROVED AS TO CONTENT: z�a4-.V-. /-?07-4 Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: a rooke, Assistant City Attorney TEXLAND PETROLEUM, INC. By: Print: J A-M &--� Title: -F c--b '&V STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Daniel M. Pope, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of T rvIller-A,� osPP" JENNIFER SOWDER CLEMENTS * * Notary Public, State of Texas Notary ID# 12497068.3 OF'(iMy Commission Expires 06.28-2020 THE STATE OF TEXAS COUNTY OF 7r� NotaryYublic in and for the State of Texas My Commission Expires: (�_/q- X& � BEFORE ME, the undersigned juthority, a Notqry Public in and for said County and State, on this day personally appeared S IZ S H 1AIjS known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and as an act and deed of said Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0,1 ri" day of G n�-- MEGANKYATES Notary Public i d for the State of Texas Notary Public, State of Texas „l Comm. Expires 7-22-2020 Nota ID 13075188-1 My Commission Expires: � Licenses/Street Use Lic-Texland Petroleum Inc. d■m+o• 2.21.1 s 'r�u MEGAN K YATES Notary Public, State of Texas wr, Comm. Expires 7-22-2020 0F�5 Notary ID 13075188-1 STREET USE LICENSE Proposed Street Use License Area Located Along the South Right -of -Way Line of E Municipal Drive Feet Digital Orthophotography - June 2016 0 100 200 300 rr I two City of As required by Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice that the data Lubbock on this map was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. TEXAS