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Home My WebLink AboutResolution - 022764K - Pipe Line License - FWDRC - Water Line, Quirt Ave At MP L-358.44 - 02_27_1964 '�J1V�:dj1 I— 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 Pipe Line- License for Fort Worth and Denver Railway Company described in the attached License 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 this 27th day of February 1964 J VF�' STRONGs Mayor Form A Proved ATTEST_: y - Gty Attorney La:renia Lowex-C' y Sec etary»Treasurer -Form 310 C�h,et 1 07 2 CONTRACT FOR > PIPE LINE e ACROSS OR ALONG RIGHT OF WAY r Il EM 1,� l*, Mado and entered 1 X 30th _ lea-•.64 r111� ni;� i into a��f.. n t;01 1„IN 0V` H AND DLNVER RAILWA1 (,"OM ANY, hereinafter called the"Railway," : fi _._. .. ............. - ............... ............. .-.. ........ ...... . ., ..............................................._................................ > r nf. ...::..... :. .: -._... L.ubboc&..... ................. ............ ...................._State os._:...............:............_Tlcxw' . hereinafter callik the"Licensee." W ITNF-e3SUM: ARTICLE 1: In consideration uf.�Ilt=... 1�Q��.. -Oa Brsr...- r... ....:.:.. r!...'...�...:...�...�. r.....�..�.. -to be paid by Licensee to Railway immediately upon the execution of this agreementAX21 and upon the terms and conditions hereinafter set forth,Railway hereby grants unto Licensee license to enter upon the premises of Railway a AUhhock-.-Jabiboek County, Texas - crossing under Railways main track in a northerly direction approximately V- West.-of the west..line-.of..-Quirt--Avane•*--at -Pox t--1-358&end construct and thereafter maintain across or along said premises at the sole expense of Licensee, a.-Twenty-four-- (.......24. ..) inch pipe line to,be used for conveying_.............._........_-.... ----.. . _------ Mat-ex ..............._--........_.............._..._........_....... ...only, the location of said pipe line being shown in rqd on the Railway's print 6.P o 22-806 No.. . . _...._309"I..... hereto attached, and made a hart hereof. five(5) ARTICLE 2: The top of said pipe line shall be placed at a depth of riot less thar feet six (6)inches below the base of the rails of the track or tracks of Railway where it passes under the same and not less than three(3)feet below the surface of the ground at any point on Railway's property. If the said pipe line shall be of it diameter four inches or larger the portion of same directly under the said track or tracks, and under the roadbed thereof,shall be of cast iron or other material of approved strength. ARTICLE 3: The said pipe line shall be constructed and maintained in such manner and at such time or times and of such materials as shall meet with the approval of the Superintendent of Railway, and as shall not hinder, delay or endanger the operation of engines, trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises,or in any manner interfere with the present or future use of the said premisba. The Licensee shall not enter upon said premises for the purpose of constructing, maintaining or removing said pipe line except upon forty-eight hours' notice to Superintendent of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses,at the expense of Licensee and performance of such work shall he subject to his approval. If deemed necessary by Railway so to do, Licensee shall,at the expense of Licensee, support the said track or tracks, as directed by Railway, while the work of constructing, maintaining or removing Paid pipe line is being done. In the event the pipe line shall he used to carry any liquid or other substance under pressure, and shall be located under anv track or within twenty-five (25) feet of any track, bridge or structure of the Railway, the pipe line shall be constructed and maintained strictly in accordance with Railway's Plan No.JMcopy of which shall be attached to, and thereby become a part of, this agreement. 105999D 1n caFe Radii ay shall, after said pipe line ha_- been constructed, build upon its premises any additional track or tracks, or strui tures,or make any changes in existing tracks or structures over said pipe line, the Licensee shall, at once, at its own expense, make such changes in its said pipe line as may be necessary to make the same conform in its relation to said new tracks or structures, or clutriges in existing tracks or structures, in all respects to the conditions herein required for said present tracks'or structures, or as may be required by the Railway. Form310 Sheer? oT 2 .�Rrfc f i i h, c,veio any q„i k wlir or other electrical grounding ,_vaeln f5 installed in runnec.ti'm with ,said plpe hne� w1,ii h in the ,.l+fruun io, liu!! N u} N'.n� tri ,i . a1, Ntirh any train �;Rnalsi ;telephonf or telegraph lines, or ether facilitiex of Railway, thel.ire,nsce inm,ediately ��1hs11,!isc':t.t�une �speralior of anci remove raid grounding syAenl,or take such steps as rnay be netes,,�ary£i,avoid all such interfereneP. ftirther ` ahcree�4 to frrdf-mnifc° 'Ind ate lih:rnieo,=' haflaa'y from.,and fLigainst any damagi-.',•claims. losses; sezits ur, exlTrises in any nirinner arisufg fujni or gri„�erg )lit ref A%ithr tine signals, telephone oritelegrapfl lines pf Railway'by the operation, usv'or exj-tense of any surh`grc,unding sykt rn. r g A,lrtfc l_l, �"e: The I,ivenst:4 Nttli�r,coyknabu and agrees at all times cf�ritfrq the existence'of said pipe,line Marti the liminises rrf liailvi�iy too keep and 1 rnaii,taiii the tkr�il,c�t•er the s iage thor�rugE wiciitfpaeteti surf tha grade evfn nith qh€ adjacent surface of tihe ground and thAt Licen�r'e >Yfp at ail tiures rehase pr<,tr>c,t,usrlftt„n'iCy anll'sa�e�ttrrr lns�Ilaili+ay 1r�m.ali elai;nts,demands,judgment, sobs,do,L4 and Px�nses,;for injury to rtr;death of,any lwrson or'`loss`ar damage ti,the Iiroperty of >hy 7ersc nl4r petsons'tvYavtttsoever(ineludiriiq bath patties hereto and thrit erfiployrF),iin an manner arisinG from ,or groA ng out of in who le'or in'part, the construction, rvtYvtlsiruction, maintenance, operation,'repair, ehatlge,4 existetoce. use or removal of said pipe line or the subsidence of soil over the same 1whether caused by the negligence of the Railway, Its servants or employes, or otherwise. Awnctd4 6: If Licensee shall well and faithfully comply with all the terms, covenants, and conditions herein;eet forth on the part of 1jeensee,to be oLserved,and complied with,the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof,and thereafter until terminated,upon not leery than sixty (60)days'written notice by either party hereto to the other; but if Licensee shall fail to twit-form any of the covenants herein contained,Railway shall have the right to terminate this license forthwith and without notice. Any notice herein provided for shall be sufficiently given and delivered if mailed in an envelope properly stamped and addressed to ldcensee. Upon the termination of this license in any of the modes herein provided for, Licensee shall, at its own experlse, upon being notified fuo to do by Railway, remove said pipe line from said premises, and restore the ground to a safe and level condition, and in cage of its failure so to do, the Railway may at its option,either remove the said pipe!line from said prerises at the sole expo<nse of IrrensoFe,or disconnect the same at lxfints where it enters and leaves the said premises. ARTH-LE 7- The Licensee shall not transfer or assign this license without the written consent of Itailway. The said license shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto, t t 1 IF WrTNFS8 WHEREOF, the parties hereto have caused this agreement to be executed on the da% and year fiu,t-herein written. ATTEST: ...............I..................... .. ..........................................._.......... FORT WORTH AND DENVER RAILWAY CrUMPANY. Secretary. By__............................. _. .._............ ._.. ..... .._.. ..___........ ATTEST: Its Vice President it of Lubbock +t Lfcensee. APPROVED AS TO FORM: } By. . ....... ....... fl r i lam~ Its Mayor Form X r led r ' Recommended: ftl Attorney. City Attorney //� Assi. Cfiief rtgineer As .....dice..President and General 1ahager. e ............ ......... ... ........ . ...... . ._.._ ... Sipe=intrid ent