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Home My WebLink AboutResolution - 2149 - Gase Line Land Use Permit Agreement& Joint Use Of Easement-Energas-Sec A Block S - 09_26_1985Resolution #2149 September 26, 1985 Agenda Item #23 HW:cl 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 Gas Line Land Use Permit Agreement and Joint Use of Easements Agreement to be entered into by and between said City of Lubbock and Energas 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 herein in detail. Passed by the City Council this 26th day of September , 1985. AL N HENRY, MAYOR ATTEST: to Boyd, City APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: arold Willard, Assistant -City Attorney Resolution #2149 P.yeJCm.t�-- HW:cl GAS LINE LAND USE PERM_I_T AGREEMENT AND JOINT USE OF EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS Agreement entered into as of the 26th day of September , 1985, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, herein called "CITY", acting through its Mayor hereunto duly authorized, and ENERGAS COMPANY, a Texas Corporation, acting by and through its undersigned officer hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEV BY THE(-r P";FV7- That in consideration of the mutual grants and agreements made and to be made by and between CITY and PERMITTEE, from CITY to PERMITTEE, and from PERMITTEE to CITY, as hereinafter set forth, the said undersigned parties hereto do hereby contract and agree as follows: The CITY does hereby grant unto PERMITTEE a permit to lay, construct, repair, maintain and use an underground gas distri- bution line in, upon, under, along and across the following described real estate owned and controlled by said CITY, to -wit: BEING a 20.00 foot pipeline easement out of Section 4, Block S, G.C. & S.F. R.R. Co. Survey, Lubbock County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point which is North 69°15'16" East, 2085.93 feet and North 0044100" West 55.46 feet from the Southwest corner of Section 4, Block S; THENCE South 0044'00" East, 35 feet to a point; THENCE South 89°15'16" West, 890.58 feet to a point on the west property line; THENCE North 0°44'00" West, 20 feet along the west property line to a point; THENCE North 89015'16" East, 870.58 feet to a point; THENCE North 0*44100" West, 15 feet to a point; THENCE North 89015'16" East, 20 feet to the POINT OF BEGINNING. II. PERMITTEE after construction shall at its cost restore the surface of the above described property to its original con- dition. Also, PERMITTEE at its o.wn cost and subject to the supervision and control of the City shall locate, construct and maintain said gas distribution line in such a manner that it will not at anytime be a source of danger to or interference with municipal operations and the safety thereof. PERMITTEE agrees that at all times it will indemnify and save harmless the 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, installation, use, maintenance, state of repair or presence of said gas distribution line and to pay the CITY the full amount of any loss or damage which the CITY may sustain, incur or become liable for on account thereof. IV. PERMITTEE hereby grants to CITY the joint use and permission to use the above described easement of the CITY for electrical power line purposes insofar as such easement may be located upon, the easement of PERMITTEE for gas line purposes to the end that the CITY is hereby permitted to construct, reconstruct, maintain, replace and repair electrical power lines for the distribution and transmission of electricity, ingress, egress and regress for such purposes, in, on, upon, over and across the easement of the PERMITTEE insofar as such electrical power lines located in such easement of the CITY are located upon the existing gas line easement of the PERMITTEE. V. CITY will locate its electrical distribution and trans- mission lines in such location as hereby permitted so as not to interfere with PERMITTEE'S use and enjoyment of its gas distri- bution line easement, and so as to comply with the safety requirements necessitated by the nature of the construction of electrical distribution and transmission lines. VI. CITY agrees that at all times it will indemnify and save harmless the PERMITTEE 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 of repair or presence of the electrical distribution and transmission lines at the location hereinabove set forth and to pay the PERMITTEE the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. VII. This agreement is for a term of five years from date first set forth above, and is automatically extended for successive five year terms unless either party hereto shall give written notice of cancellation of this agreement to the other party sixty days before the expiration of the first five year term of this agreement or sixty days before the expiration of any successive five year term thereafter. Said notice of cancellation shall be given in writing by either party and mailed by certified United States mail to the other party addressed either to the City Secretary, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 or to the last known address of said City Secretary, or the Lubbock Local Manager, Energas Company; First National -Pioneer -2- Building, 1500 Broadway, Lubbock, Texas 79401, or to the last known address of said Local Manager, as the case may be. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: ENERGAS COMPANY MAMAWR :*'WR~TR)NW ATTEST: &:�, z�� - Assistant Secretary Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ALAN HENRY, 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 OFFICE THIS day of , 1985. Notary Public in and for Lubbock County, Texas My Commission Expires: -3- Building, 1500 Broadway, Lubbock, Texas 79401, or to the last known address of said Local Manager, as the case may be. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LUBBOCK ENERGAS COMPANY ALAN ANR, M R PRESIDENT ATTEST: ATTEST: Ranette Boyd, City Secretary Secretary APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Harold .Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ALAN HENRY, 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. G V UNDER MY HAND AND SEAL OF OFFICE THIS day of 1985. No ary Public in and for '-� Lubbock County, Texas i�� ) j'•} My Commission Expires: -3- THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same as the act and deed of ENERGAS COMPANY, and as its President, for the purposes and consideration therein expressed, and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of . 1985. Notary Public in and for Lubbock County, Texas My Commission Expires: -4-