HomeMy WebLinkAboutResolution - 2002-R0413 - Street And Alley Uce License - Texland Petroleum - 10/10/2002Resolution No. 2002-RO413
October 10, 2002
Item No. 31
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 and Alley Use
License with associated documents with Texland Petroleum, Inc. to use a portion of
dedicated streets to construct and maintain an underground pipeline to transport and
dispose of saltwater resulting from oil production. Said agreements are 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
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way A&rent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/Texland Renewal-1238.res
September 5, 2002
2.
Resolution No. 2002-R 0413
October 10, 2002
Item No. 31
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This indenture made this 10th day of October , 2002, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation,
and TEXLAND PETROLEUM INC., Lubbock County, Texas, 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 an underground pipeline to transport and dispose of saltwater resulting from oil
production, this license being classified as a subsurface license, and LICENSEE shall bore under all
existing concrete and asphalt paving and drainage improvements and street and alley appurtenances so
as to avoid cutting or destroying the same and all street and alley crossings shall be cased with steel
casing and such casing shall be vented externally, and such pipelines shall be constructed of tubular
steel and have a minimum cover of at least 40 inches from the ground surface at the following
locations:
A 10.0 feet pipeline easement 5.0 feet on each side of the centerline out of Valley View
Addition to the City of Lubbock, out of Section 78, Block A, Lubbock County, Texas and
the centerline being more particularly described as follows:
Beginning at a 3/8" iron rod set in the Northerly line of Block 7, Valley View Addition
whence the Northwest P.I. Corner of Block 7 bears North 0023'00" West, 15.59 feet and
South 89037'00" West, 3.40 feet;
Thence North 0°23'00" West at 50.59 feet pass the North line of Valley View Addition
and continuing for a total distance of 70.59 feet to a 3/8" iron rod set in the North line of
Yucca Lane, for the end of this description.
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 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.
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. 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.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of TWO HUNDRED FIFTY AND 00/100 ($250.00) DOLLARS 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 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 tern 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, 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. The LICENSEE shall construct and maintain visible markers where the underground
pipeline intersects any public right-of-way within the City of Lubbock and shall construct and maintain
said markers in such a manner and at such locations as required by the City Engineer of the City of
Lubbock.
8. 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
STREET AND ALLEY USE LICENSE
TEXLAND PETROLEUM, INC
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).
9. 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 sue hereby and
agrees to give peaceful possession of said property covered herein upon termination or cancellation of
this license.
CITY OF BO
By:
MAJtC MCDO AL, MAYOR
ATTEST:
�e Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
Supervising Attomey/Office Practice
AGREED TO AND ACCEPTED this ,p, g day of LD 2002.
01
TEXLAND PETROLEUM, INC.
BY. A'i— N • I
J ES H. WILKES, PRESIDENT AND COO
STREET AND ALLEY USE LICENSE
TEXLAND PETROLEUM, INC
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 Marc McDougal, 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 in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 s-- day of
04o 6e r , 2002.
CELIA WEBB
Nobly Public, State d Tom
My E*m Notary ublic in and for the State of Texas
My Commission Expires: 03- O 1 - aAU;b
THE STATE OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on
this day personally appeared James H. Wilkes, 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 as act and deed of Texland Petroleum, Inc.
GIVEN UNDER MY HAND AND
2002.
Notary P#61ic in and for the State of Texas
,..
SIN
MARGARET L. NETTLETON
NOW Public. State of Texas
;,, �• tiny Commission Area
August la, 20M
gs/D5.8/SU1-Tex1and Renewal-1238
September 5, 2002
SEAL OF OFFICE this 1:03 day of
My Commission Expires:
STREET AND ALLEY USE LICENSE
TEXLAND PETROLEUM, INC