HomeMy WebLinkAboutResolution - 4022 - Pipeline & Valve Station Land Use Permit Agreement-Amoco Pipeline Company-LAH - 11_19_1992Resolution No. 4022
November 19, 1992
Item #10
RESOLUTION
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 Pipeline and
Valve Station Land Use Permit with Amoco Pipeline Company, 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 erein in detail.
Passed by the City Council this
ATTEST:
Sally St e, Acting City
Secretary
APPROVED AS TO CONTENT:
Ed uc�y, Right-of-way Agent
APPROVED AS rT,O�FORM:i
"�(
orth Fullingim, Assistant City/
Attorney
JWi:js/AK)C0.RE$
D1-Agenda/Hovember 5, 1992
Resolution No.
November-19, 1992
Item #10
PIPELINE AND VALVE STATION LAND USE PERMIT
THE STATE OF TEXAS
COUNTY OF GARZA
THIS AGREEMENT entered into as of the 19th day of
November , 1992, by and between the CITY OF LUBBOCK, a
Texas Home Rule Municipality, herein called "CITY," acting
through its Mayor hereunto duly authorized, and AMOCO PIPELINE
COMPANY, acting by and through its undersigned officer hereunto
duly authorized, herein called "PERMITTEE."
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 pipeline
for transportation of oil and/or gas or hydrocarbons in, upon,
over, under, along, and across the following described tract of
land owned and controlled by the CITY, to -wit:
BEING a 50 foot wide right-of-way, 25 feet on either
side of the following described center -line in
Section 116, Block 5, H.& G.N. RR. Co. Survey, Garza
County, Texas, and being more particularly described
as follows:
BEGINNING at a point in the North line of Section
116,.Block 5, H.& G.N. RR. Co. Survey, Garza County,
Texas, from which point the Northeast corner of said
Section 116 bears S. 88*21116" E. a distance of
732.28 feet and being Station 12+41.28 on center-
line;
THENCE S. 59*21102" W. along said center -line for a
distance of 128.34 feet to Station 13+70.02 on
center -line and being a point of deflection;
THENCE S. 82'35108" W. along said center -line for a
distance of 1225.41 feet to Station 25+95.43 on
center -line and being a point of deflection;
THENCE S. 72*50127" W. along said center -line for a
distance of 80.12 feet to Station 26+75.55 on center-
line and being a point of deflection;
THENCE S. 66.51139" W. along said center -line for a
distance of 375.78 feet to an Equation Station
28+92.78 ahead = 30+51.33 back on center -line and
being a point of deflection;
THENCE S. 29*13135" W. along said center -line for a
distance of 81.55 feet to Station 29+74.33 on center-
line and being a point of deflection;
THENCE S. 76.37120" W. along said center -line for a
distance of 211.45 feet to Station 31+85.78 on
center -line and being a point of deflection;
THENCE S. 61*0713411 W. along said center -line for a
distance of 255.45 feet to Station 34+41.23. on
center -line and being a point of deflection;
THENCE S. 32'1515911,W. along said center -line for a
distance of 333.07 feet to Station 37+74.3 on center-
line and being the end of this line, from which point
the Northwest corner of Section 116 bears N.
01*3510311 E. a distance of 985.08 feet and N.
08'21116" W. a distance of 2192.12 feet;
And unto said PERMITTEE for the further purpose of
constructing, repairing, maintaining and using a valve station
and facilities related thereto (in connection with said
pipeline) in, upon, over, under, along, and across the
following described tract of land owned and controlled by the
City, to -wit:
BEING a 0.21 acre tract of land in Section 116, Block
5, H.& G.N. RR. Co. Survey, Garza County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod set for the Northeast corner
of this tract and being in said Section 116, from
which point the Northeast corner of said Section
bears N. 01'35103" E. a distance of 234.05 feet and
S. 88'21116" E. a distance of 1974.03 feet;
THENCE S. 08.1010211 E. a distance of 90.00 feet to an
iron rod set for the Southeast corner of this tract;
THENCE S. 81.49158" W. a distance of 100.00 feet to
an iron rod set for the Southwest corner of this
tract;
THENCE N. 08.1010211 W. a distance of 90.00 feet to an
iron rod set for the Northwest corner of this tract;
THENCE N. 81*4915811 E. a distance of 100.00 feet to
the PLACE OF BEGINNING.
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 CITY shall
locate, construct, and maintain said pipeline and valve station
and related facilities in such a manner that it will not at any
time be a source of danger to or interference with access to or
operation of the property hereinabove described and the
surrounding and adjacent property of the City as regards any
lawful municipal use.
PERMITTEE agrees that at all times it will indemnify and
save harmless 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 or
repair or presence of the said pipeline and valve station and
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 2
related facilities 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.
THIS PERMIT is granted by CITY and accepted by PERMITTEE
upon the express condition that the same is, and at all times
shall be revocable at the will of CITY; and whenever requested
so to do by CITY, PERMITTEE agrees at PERMITTEE'S expense to
remove said pipeline and valve station and related facilities
from the property of CITY and restore said property to the same
condition in which it was prior to the placing of said pipeline
and valve station and related facilities thereon. In case PER-
MITTEE shall fail to restore CITY'S premises as aforesaid
within ninety (90) days, CITY may proceed with such work at the
expense of PERMITTEE. No termination 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 pipeline and valve station and related
facilities may be removed and said premises restored as herein -
above provided.
lP
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 CITY without the
written consent of CITY in each instance.
VI.
THE TERM of this grant shall be from year to year (without
renewal) not to exceed twenty (20) years unless sooner revoked
at the will of CITY as provided in Sections IV and VII hereof.
VII.
ANY Notice, Request, Instructions or Revocation of this
license to be given by CITY to PERMITTEE hereunder shall be
deemed to be properly served if delivered to PERMITTEE or if
deposited in the post office, post-paid addressed to PERMITTEE
at P. O. Box 92282, Chicago, Illinois 60675, or the last known
address of PERMITTEE.
VIII.
PERMITTEE 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 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.
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 3
IN WITNESS WHEREOF, the
instrument, in duplicate, the
%, ATTEyySTnn:nn
C
Sally S 'll Abbe, Acting City
Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Righ of -Way Agent
arties ere ecuted this
ay an ear fir abov ten.
J
CI Y F E
(741
BY:
D ID R. LAN ON, OR
APPROVE AS TO FORM:
J. Wotth Vullingim, Assistant
CitVAttorney
ACCEPTED:
AMOCO PIPELINE COMPANY
BY:
THE STATE -OF TEXAS
COUNTY OF LUBBOCK
ITS•
(Title or. Position)
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
DAVID R. LANGSTON, 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 ��[�1)PfTYlbe2 ,
71,
tt 1 ,J% / ` they
OF OFFICE this 4_ day
1992.
' _ 1 �Ai U-ez
lic in and or
of Texas
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 4
THE STATE OF §
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
, the
(title or position) of said AMOCO PIPELINE COMPANY, 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
as the act and deed of the said Corporation, for the purposes
and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 1992.
JWF:je/P-AMOCO.DOC
D4-Deeda,Eemte/November 6. 1992
Notary Public in and for
the State of
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 5
Resolution No. 4022
r�
November 19, 1992
Item #10
PIPELINE AND VALVE STATION LAND USE PERMIT
THE STATE OF TEXAS
COUNTY OF GARZA
THIS AGREEMENT entered into as of the 19th day of
November , 1992, by and between the CITY OF LUBBOCK, a
Texas Home Rule Municipality, herein called "CITY," acting
through its Mayor hereunto duly authorized, and AMOCO PIPELINE
COMPANY, acting by and through its undersigned officer hereunto
duly authorized, herein called "PERMITTEE."
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. pipeline
for transportation of oil and/or gas or hydrocarbons in, upon,
over, under, along, and across the following described tract of
land owned and controlled by the CITY, to -wit:
BEING a 50 foot wide right-of-way, 25 feet on either
side of the following described center -line in
Section 116, Block 5, H.& G.N. RR. Co. Survey, Garza
County, Texas, and being more particularly described
as follows:
BEGINNING at a point in the North line of Section
116, Block 5, H.& G.N. RR. Co. Survey, Garza County,
Texas, from which point the Northeast corner of said
Section 116 bears S. 88*21116" E. a distance of
732.28 feet and being Station 12+41.28 on center-
line;
THENCE S. 59*21102" W. along said center -line for a
distance of 128.34 feet to Station 13+70.02 on
center -line and being a point of deflection;
THENCE S. 82*35108" W. along said center -line for a
distance of 1225.41 feet to Station 25+95.43 on
center -line and being a point of deflection;
THENCE S. 72*50127" W. along said center -line for a
distance of 80.12 feet to Station 26+75.55 on center-
line and being a point of deflection;
THENCE S. 66`51139" W. along said center -line for a
distance of 375.78 feet to an Equation Station
28+92.78 ahead = 30+51.33 back on center -line and
being a point of deflection;
THENCE S. 29*13135" W. along said center -line for a
distance of 81.55 feet to Station 29+74.33 on center-
line and being a point of deflection;
THENCE S. 76'37120" W. along said center -line for a
distance of 211.45 feet to Station 31+85.78 on
center -line and being a point of deflection;
THENCE S. 61*0713411 W. along said center -line for a
distance of 255.45 feet to Station 34+41.23 on
center -line and being a point of deflection;
THENCE S. 32*1515911 W. along said center -line for a
distance of 333.07 feet to Station 37+74.3 on center-
line and being the end of this line, from which point
the Northwest corner of Section 116 bears N.
01*3510311 E. a distance of 985.08 feet and N.
08*2111611 W. a distance of 2192.12 feet;
And unto said PERMITTEE for the further purpose of
constructing, repairing, maintaining and using a valve station
and facilities related thereto (in connection with said
pipeline) in, upon, over, under, along, and across the
following described tract of land owned and controlled by the
City, to -wit:
BEING a 0.21 acre tract of land in Section 116, Block
5, H.& G.N. RR. Co. Survey, Garza County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod set for the Northeast corner
of this tract and being in said Section 116, from
which point the Northeast corner of said Section
bears N. 01*3510311 E. a distance of 234.05 feet and
S. 88*2111611 E. a distance of 1974.03 feet;
THENCE S. 08*1010211 E. a distance of 90.00 feet to an
iron rod set for the Southeast corner of this tract;
THENCE S. 81*4915811 W. a distance of 100.00 feet to
an iron rod set for the Southwest corner of this
tract;
THENCE N. 08*1010211 W. a distance of 90.00 feet to an
iron rod set for the Northwest corner of this tract;
THENCE N. 81*4915811 E. a distance of 100.00 feet to
the PLACE OF BEGINNING.
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 CITY shall
locate, construct, and maintain said pipeline and valve station
and related facilities in such a manner that it will not at any
time be a source of danger to or interference with access to or
operation of the property hereinabove described and the
surrounding and adjacent property of the City as regards any
lawful municipal use.
PERMITTEE agrees that at all times it will indemnify and
save harmless 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 or
repair or presence of the said pipeline and valve station -and
vo. 211 F"(; 474
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 2
related facilities 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.
THIS PERMIT is granted by CITY and accepted by PERMITTEE
upon the express condition that the same is, and at all times
shall be revocable at the will of CITY; and whenever requested
so to do by CITY, PERMITTEE agrees at PERMITTEE'S expense to
remove said pipeline and valve station and related facilities
from the property of CITY and restore said property to the same
condition in which it was prior to the placing of said pipeline
and valve station and related facilities thereon. In case PER-
MITTEE shall fail to restore CITY'S premises as aforesaid
within ninety (90) days, CITY may proceed with such work at the
expense of PERMITTEE. No termination 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 pipeline and valve station and related
facilities may be removed and said premises restored as herein -
above 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 CITY without the
written consent of CITY in each instance.
VI.
THE TERM of this grant shall be from year to year (without
renewal) not to exceed twenty (20) years unless sooner revoked
at the will of CITY as provided in Sections IV and VII hereof.
VII.
ANY Notice, Request, Instructions or Revocation of this
license to be given by CITY to PERMITTEE hereunder shall be
deemed to be properly served if delivered to PERMITTEE or if �
depos t�in�y Po 1tpof Ce sty-�a1dfddressed to PERMITTEE�
at die"`-- yz"'z--- - �---- `�"; f � --- aObt7'�r!1 - 1 or the last known
address of PERMITTEE.
VIII.
PERMITTEE 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 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.
W
co
- O
►A
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 3
IN WITNESS WHEREOF, tY�e parties
instrument, in duplicate, t e da
o]
V.
A2?TEST
^ r C�-
! y lly'•� ' I- Abbe, Acting City
APPROVED AS TO CONTENT:
Ed Bucy, Right- -Way Agent
APPROVED, AS TO FORM
Z/- 7,/Ana
,7. Wo th ullingim, Assistant
Cit Attorney
ACCEPTED:
THE STATE OF TEXAS
COUNTY OF LUBBOCK
executed this
t ab e w itten.
TON, V4YOR
AMOCO P LINE COApp—ed
BY:
P. T. Corrigan APL
ITS: Vice President
(Title or Position)
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
DAVID R. LANGSTON, 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 LIPPER MY WD AND SEAL
of ON) 2-M12-(`n1 ,
of
No e
e
OF OFFICE this T day
1992.
1 �
ry Public in and or
State of Texas
211 476
co
W
T
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 4
THE STATE OF ILLINOIS
COUNTY OF DUPAGE
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
P. T. Corrigan , the Vice President
(title or position) of said AMOCO PIPELINE COMPANY, 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
as the act and deed of the said Corporation, for the purposes
and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day
of January , 1993.
of ry Public n and
the State ofQ,�
JWF.js/PAMCO.Doc Ram
EAL "
D4-Deads,Esmta/November 6, 1992 I N G T O NE OF ILLINOISRES 7/29/95
FILED FOR REWRIj
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PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 5
F!L6 /4 ,o 2f,,,z,) 7a:
Fo (jUC.j veo•w • Ac-L,-rr
crTy o� t a6euc
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SWU of Tw m%
County of Gary
1 homby certify thatVic trutrumord a= trod utd
vo F,p� true&edhereon byrmandw�tdidymcorded{ntfe
%k w3lume and page of the nomad reoorda of Gun c tk*,
Two as sUmped hereon by ma. FEB 1 1
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THE STATE OF ILLINOIS § /
COUNTY OF DUPAGE § }�
BEFORE ME, the undersigned authority, a Not l�/I (JJ�
and for said County and State, on this day perso.
P. T. Corrigan the Vice President,,.'L^1
(title or position) of said AMOCO PIPELINE COMPANY,
to be the person whose name is subscribed to the /
instrument and acknowledged to me that he/she executed i
as the act and deed of the said Corporation, for the pui
and consideration therein expressed, and in the caps,,
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day
of January , 199�-
of ry Public n and
the State off
JuP•J./P AMxo•DOC OFFICIAL SEAL " D4-Deeds,Esmts/Nrnembar 6, 1992 L O U E. W A S H I N G T O N
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 7/29/95
F1LFA FOR REf,' 1W
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OOUNTY au MM. MU
r
DeQa"
21i �,- 477
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PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 5
Resolution No. 4022
November 19, 1992
Item #10
FR
PIPELINE AND VALVE STATION LAND USE PERMIT
THE STATE OF TEXAS §
COUNTY OF GARZA g
THIS AGREEMENT entered into as of the 19th day of
November , 1992, by and between the CITY OF LUBBOCK, a
Texas Home Rule Municipality, herein called "CITY," acting
through its Mayor hereunto duly authorized, and AMOCO PIPELINE
COMPANY, acting by and through its undersigned officer hereunto
duly authorized, herein called "PERMITTEE."
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. pipeline
for transportation of oil and/or gas or hydrocarbons in, upon,
over, under, along, and across the following described tract of
land owned and controlled by the CITY, to -wit:
BEING a 50 foot wide right-of-way, 25 feet on either
side of the following described center -line in
Section 116, Block 5, H.& G.N. RR. Co. Survey, Garza
County, Texas, and being more particularly described
as follows:
BEGINNING at a point in the North line of Section
116, Block 5, H.& G.N. RR. Co. Survey, Garza County,
Texas, from which point the Northeast corner of said
Section 116 bears S. 88*21116" E. a distance of
732.28 feet and being Station 12+41.28 on center-
line;
THENCE S. 59*21102" W. along said center -line for a
distance of 128.34 feet to Station 13+70.02 on
center -line and being a point of deflection;
THENCE S. 82*35108" W. along said center -line for a
distance of 1225.41 feet to Station 25+95.43 on
center -line and being a point of deflection;
THENCE S. 72*50127" W. along said center -line for a
distance of 80.12 feet to Station 26+75.55 on center-
line and being a point of deflection;
THENCE S. 66*51139" W. along said center -line for a
distance of 375.78 feet to an Equation Station
28+92.78 ahead = 30+51.33 back on center -line and
being a point of deflection;
THENCE S. 29*13135" W. along said center -line for a
distance of 81.55 feet to Station 29+74.33 on center-
line and being a point of deflection;
THENCE S. 76*37120" W. along said center -line for a
distance of 211.45 feet to Station 31+85.78 on
center -line and being a point of deflection;
THENCE S. 61'07134" W. along said center -line for a
distance of 255.45 feet to Station 34+41.23 on
center -line and being a point of deflection;
THENCE S. 32'15'59" W. along said center -line for a
distance of 333.07 feet to Station 37+74.3 on center-
line and being the end of this line, from which point
the Northwest corner of Section 116 bears N.
01*35103" E. a distance of 985.08 feet and N.
_.08'21116" W. a distance of 2192.12 feet;
= And unto -said PERMITTEE for the further purpose of
constructing, repairing, maintaining and using a valve station
and facilities related thereto (in connection with said
pipeline) in, upon, over, under, along, and across the
following described tract of land owned and controlled by the
City, to -wit:
BEING a 0.21 acre tract of land in Section 116, Block
5, H.& G.N. RR. Co. Survey, Garza County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod set for the Northeast corner
of this tract and being in said section 116, from
which point the Northeast corner of said Section
bears N. 01*35103" E. a distance of 234.05 feet and
S. 88*21116" E. a distance of 1974.03 feet;
THENCE S. 08'10102" E. a distance of 90.00 feet to an
iron rod set for the Southeast corner of this tract;
THENCE S. 81*49158" W. a distance of 100.00 feet to
an iron rod set for the Southwest corner of this
tract;
THENCE N. 08*10102" W. a distance of 90.00 feet to an
iron rod set for the Northwest corner of this tract;
THENCE N. 81*49158" E. a distance of 100.00 feet to
the PLACE OF BEGINNING.
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 CITY shall
locate, construct, and maintain said pipeline and valve station
and related facilities in such a manner that it will not at any
time be a source of danger to or interference with access to or
operation of the property hereinabove described and the
surrounding and adjacent property of the City as regards any
lawful municipal use.
PERMITTEE agrees that at all times it will indemnify and
save harmless 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 or
repair or presence of the said pipeline and valve station -and
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 2
related facilities 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.
THIS PERMIT is granted by CITY and accepted by PERMITTEE
upon the express condition that the same is, and at all times
shall be revocable at the will of CITY; and whenever requested
so to do by CITY, PERMITTEE agrees at PERMITTEE'S expense to
remove said pipeline and valve station and related facilities
from the property of CITY and restore said property to the same
condition in which it was prior to the placing of said pipeline
and valve station.and related facilities thereon. In case PER-
MITTEE shall fail to restore CITY'S premises as aforesaid
within ninety (90) days, CITY may proceed with such work at the
expense of PERMITTEE. No termination 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 pipeline and valve station and related
facilities may be removed and said premises restored as herein -
above 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 CITY without the
written consent of CITY in each instance.
VI.
THE TERM of this grant shall be from year to year (without
renewal) not to exceed twenty (20) years unless sooner revoked
at the will of CITY as provided in Sections IV and VII hereof.
VII.
ANY Notice, Request,. Instructions or Revocation of this
license to be given by CITY to PERMITTEE hereunder shall_ be
deemed to be properly served if delivered to PERMITTEE or if
de os to in,�, a po_ t of Ce st- aid ddressed to PERMITTEE -Or�
atp "r: v:� o�� �$ r - ------ b`- -, or the last known
address of PERMITTEE.
VIII.
PERMITTEE 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 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.
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 3
IN WITNESS WHEREOF, t2�e parties e�to ha executed this
instrument, in duplicate, t e da ear f' st ab e w itten.
CIT O U
r' \ VZD R. GSTON, YOR
;ATTEST:
Sally S,t'11 Abbe, Acting City
Secretary
APPROVED AS TO CONTENT: `
Ed Bucy, Right- -Way Agent
APPROVED AS TO FORM:.
J. Worth Fullingim, Assistant
City;Attorney
ACCEPTED:
AMOCO P14DELINE CO Y Ap p'ed
BY: �� W
P. T. Corrigan APL
ITS: Vice President
(Title or Position)
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
DAVID R. LANGSTON, 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 WPER MY WD AND SEAL OF OFFICE this jq +►j day
of A I Q , 1992.
No �Publicin and
a State of Texas
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 4
THE STATE OF ILLINOIS §
COUNTY OF DUPAGE §
BEFORE ME, the undersigned authority, a Notary Public in
and for said County and State, on this day personally appeared
P. T. Corrigan , the Vice President
(title or position) of said AMOCO PIPELINE COMPANY, 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
as the act and deed of the said Corporation, for the purposes
and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day
of January , 199'3.
of ry Public 'n and
the State of
JWFD4-D6edz,EsmCo.DoC1. MR
SEAL "
D4-Deeds,Esmts/November 6, 1992 I N G T O N OF ILLINOISES 7/29/95
PIPELINE AND VALVE STATION LAND USE PERMIT
AMOCO PIPELINE COMPANY -- PAGE 5