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HomeMy WebLinkAboutResolution - 4056 - Street Use License- Texland Petroleum Inc- Oil Flow Pipline, 1600 E Municipal Dr - 01_14_1993Resolution No. 4056 January 14, 1993 Item #13 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 Street Use License Agreement to be entered into by and between the said City of Lubbock and Texland Petroleum, Inc., 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 t ATTEST: n.p� Sally Stiy Abbe, Acting City Secretary APPROVED AS TO CONTENT: ucy, Right-of4Way Agent APPROVED AS TO FORM: Haroldgite" v'-t-.00 92 . ssis nt ity Attorney HW:dw/Agenda-D2/Ter1and.rea December 16, 1992 Resolution No. 4056 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture is made this 14th day of January , 1993, being the date of this Agreement 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 to 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 40 inches from the ground surface at the following locations: Centered within a 2.00 foot wide Street Use License out of Section 77 and Section 5, Block A, Lubbock County, Texas, 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 2.00 feet to a point; THENCE Northeasterly parallel to and 2.00 feet 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 2.00 feet to a point; THENCE West approximately 135.00 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. 1. The term of this grant 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 LUBBOCK retains the right at its election to cancel and revoke this license with or without cause upon notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 500 Throckmorton, Suite 3100, Fort Worth, Texas 76102, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of the 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. However, upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the improvements will be left in place rather than removed after expiration, cancellation or abandonment of this license. 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for this license the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS cash, in advance, and contemporaneously with the acceptance and execution of this license 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 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 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. 3. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted including, but not limited to, the replacement and repairing of paving, sidewalks and utilities of any nature occasioned by the construction as authorized by this license. 4. In the event the CITY OF LUBBOCK determines that the existence of such use 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. 5. This license is not transferable by the LICENSEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right herein granted 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 said LICENSEE, its successors and assigns, will at all times 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, 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, maintenance, repair or usage 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 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. The CITY OF LUBBOCK agrees to give notice to LICENSEE - 2 - 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. 7. 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. 8. Prior to any construction as authorized by this license, the LICENSEE shall submit to the City Engineer plans and specifications for the construction to be done, and the LICENSEE shall not commence construction until such plans and specifications are approved by the City Engineer. 9. 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 five (5). 10. LICENSEE, by the acceptance herein, understands and agrees that n of possession are intended or implied forth herein, and LICENSEE waives any the public way it is permitted to use peaceful possession of said property termination or cancel of the uses permitted o interest, title or rights except those expressly set and all claims in and to hereby and agrees to give covered herein upon ATTEST: G-(— Sally S 11 Abbe, Acting City Secretary AGREED TO AND ACCEPTED this a�` day of , 1993. APPROVED AS TO CONTENT: Ed Bucy, Right -of ay Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney LICENSEE: TEXLAND PETROLEUM, INC. /tY: /IT 7'0! - 3 - THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, MAYOR, known to me to be the person whose name is sub- scribed 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. VL GPTN UNDER MY HAND AND SEAL OF OFFICE this C" day of , 1993. OLIVIA R. SOLIS NOTAPY PUBLIC. State of Texas My Commission Expire, T 7 NOVE148ER 30, 1993 %illlllllJl1r/Jlrr.� Notary Public, Lubbock County, Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF / /,0,dZ § BEFORE ME, the undersigned authority, a Notary Public in and fo aid Co nty, Teas, on this day personally appeared known to me to be the person who a name is subscribed to the foregoing instrument and ac owledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of TEXLAND PETROLEUM, INC. GIVEN U DER MY HAND AND SEAL OF OFFICE this �^ day of � , 1993. 3W:dw/eng-D3/SUL-TXLD.doc January 4, 1993 Notary lic, County, Texas My Commission Expires: - 4 -