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HomeMy WebLinkAboutResolution - 2358 - Street Use License - Texland Petroleum Inc - Pipleine, Kent St - 06_26_1986Resolution #2358 June 26, 1986 Agenda Item #33 HW:da 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 with 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 this 26th day of June , 1986. B. C. McMINN, MAYOR ATTEST: anetre tsoyo, LIty APPROVED AS TO CONTENT: Tom Nivens, ig t-of-Way Agent APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution #2358 June 26, 1986 Agenda Item #30 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 26th day of June 1986, 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 tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following loca- tions: FIELD NOTE DESCRIPTION on the centerline of a proposed pipeline in Section 11, Block A, and Section 1, Block D-4, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point in the South R.O.W. Line of Kent Street for the beginning point of this description, whence the Northeast corner of said Section 11, Block A bears North 00004130" East, a distance of 35.00 feet and South 89°55'30" East, a distance of 617.00 feet; THENCE North 00°04130" East, pass the North line of said Section 11 and the South line of said Section 1, a distance of 77.00 feet to a point in the North R.O.W. line of said Kent Street, for the end of this description, whence the Southeast corner of said Section 1 bears South 00°04'30" West, a distance of 42.00 feet and South 89055'30" East, a distance of 617.00 feet. 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 sixty (60) days 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 3402 Fort Worth National Bank Building Fort Worth, Texas 76102, or the _last known address of LICENSEE. Upon 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. 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 compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/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 ninety (90) days 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 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 of such 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 under the license herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above set out 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 or maintenance and 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 perfor- mance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, 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 assumed by contractor 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. 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. L � ' B. The LICENSEE shall markers where the underground right-of-way within the City maintain said markers in such required by the City Engineer construct and maintain visible pipeline intersects any public of Lubbock, and shall construct and a manner and at such locations as of the City of Lubbock. 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 Paragraph five (5). 10. 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. CITY OF LUBBOCK BY:� C� B. C. McMINN, MAYOR -T. S T : Rane to Boyd, City Secrets y AGREED TO AND ACCEPTED this - day of �/ , 1986. APPROVED AS TO CONTENT: Tom9iivens, Fri ght-o NMay-__Xge�nt APPROVED AS TO FORM: Harold Willa,. Asst. City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK LICENSEE: TEXLAND PETROLEUM, INC. B Y : A1�2� �i.bj_z R. J• SCHUMA , PRESIDENT BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, 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 expres- sed and in the capacity therein stated. GI N UNDER MY HAND AND SEAL OF OFFICE this -- day of 1986. Not-alTy Public, Lubbock County, Texas - 3 - THE STATE OF TEXAS § COUNTY OF 1:8888EK7-e9,QA,07' § BEFORE ME, the undersigned authority, a Notary Public in and for sai County, Texas, on this day personally appeared �Q 0.. , known to me to be the person whose nae is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed and as the act and deed of Texland Petroleum, Inc. GIVEN UND ER MY HAND AND SEAL OF OFFICE this �` day of 1986. Notary ublic, L-pfteek County, Texas T,eegd7' - 4 - Resolution #2358 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 26th day of June , 1986, 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 tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following loca- tions: FIELD NOTE DESCRIPTION on the centerline of a proposed pipeline in Section 11, Block A, and Section 1, Block D-4, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point in the South R.O.W. Line of Kent Street for the beginning point of this description, whence the Northeast corner of said Section 11, Block A bears North 00004130" East, a distance of 35.00 feet and South 89055130" East, a distance of 617.00 feet; THENCE North 00004'30" East, pass the North line of said Section 11 and the South line of said Section 1, a distance of 77.00 feet to a point in the North R.O.W. line of said Kent Street, for the end of this description, whence the Southeast corner of said Section 1 bears South 00004'30" West, a distance of 42.00 feet and South 89055130" East, a distance of 617.00 feet. 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 sixty (60) days 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 3402 Fort Worth National Bank Building Fort Worth, Texas 76102, or the last known address of LICENSEE. Upon 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. 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 compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/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 ninety (90) days 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 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 of such 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 under the license herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above set out 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 or maintenance and 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 perfor- mance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, 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 assumed by contractor 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. 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. - 2 - 8. 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. 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 Paragraph five (5). 10. 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. CITY OF LUBBOCK B Y B. C. McMINN, MAYOR TTEST: Rane to Boyd, City Secret / AGREED TO AND ACCEPTED this 26th day of A D Q AS TO CONTENT: ' �' f �dm 'Nidl ns, Right -of -Way Agent APPROVED AS TO FORM: 2r Harold Willard, Asst. City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § June , 1986. LICENSEE: TEXLAND PETROLEUM, INC. BY: BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, 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 expres- sed and in the capacity therein stated. 'ZdIVE•N UNDER MY HAND AND SEAL OF OFFICE this � 6 day of 198 6 . Notary Public, Lubbock County, Texas _ l 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 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 considera- tion therein expressed and as the act and deed of Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1986. Notary Public, Lubbock County, Texas - 4 - Resolution #2358 STREET USE LICENSE THE STATE OF TEXAS COUNTY OF LUBBOCK This indenture made this 26th day of June , 1986, 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 tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following loca- tions: FIELD NOTE DESCRIPTION on the centerline of a proposed pipeline in Section 11, Block A, and Section 1, Block D-4, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a point in the South R.O.W. Line of Kent Street for the beginning point of this description, whence the Northeast corner of said Section 11, Block A bears North 00°04130" East, a distance of 35.00 feet and South 89055130" East, a distance of 617.00 feet; THENCE North 00°04'30" East, pass the North line of said Section 11 and the South line of said Section 1, a distance of 77.00 feet to a point in the North R.O.W. line of said Kent Street, for the end of this description, whence the Southeast corner of said Section 1 bears South 00004130" West, a distance of 42.00 feet and South 89°55'30" East, a distance of 617.00 feet. 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 sixty (60) days 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 3402 Fort Worth National Bank Building Fort Worth, Texas 76102, or the last known address of LICENSEE. Upon 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. 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 compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/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 ninety (90) days 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 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 of such 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 under the license herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above set out 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 or maintenance and 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 perfor- mance of the work to be done by such contractor. The CITY OF LUBBOCK may further require such contractor, 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 assumed by contractor 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. 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. - 2 - a B. 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. 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 Paragraph five (5). 10. 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 he is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termi- nation or cancellation of this license. CITY OF LUBBOCK BY: �. B. C. McMINN, MAYOR ATTEST: Rane to Boyd, City Secret AGREED TO AND ACCEPTED this 26th day of AP D%'AS TO CONTENT: �6m 'Nid1'ns, Right -of -Way Agent APPROVED AS TO FORM: V_ arold Willard, Asst. C=ity Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK June . 1986. LICENSEE: TEXLAND PETROLEUM, INC. qWEACtMER, PRESt?ENT BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, 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 expres- sed and in the capacity therein stated. �,�% GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3�= day of 1984�� Notary Public, Lubbock County, Texas �.o J C� - 3 - THE STATE OF TEXAS § COUNTY O F j,�K 2d.t,t,-, -/- § BEFORE ME, the undersigned authority, a Notary Public in and for/� id C unty, Texas, on this day personally appeared � • Z'At'cn-d known to me to be the person whose name 's 'subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed and as the act and deed of Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL. OF OFFICE this A4 1� day of 19 8'6,/ M"ota y Public, L-u-bbaEk County, Tex s - 4 -