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HomeMy WebLinkAboutResolution - 4334 - Street Monitor Well Permit-Texaco Refining & Marketing Inc-City Street Parkway - 12_09_1993Resolution #4334 December 9, 1993 Item #10 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/Alley And/Or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Texaco Refining & Marketing, 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 ATTEST: Betty H. Johnson,Vity Secretary APPROVED AS TO CONTENT: Ed ucy, Right -lot -Way Agent APPROVED AS TO FORM: Uff Hartsell,Assistant City Attorney JH:ja/P-2'EXA0O.RES D2-Agende/Kovomb®r 9, 1999 ACbU_LUL1Vl1 ff'1))4 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 9th day of December , 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXACO REFINING & MARKETING, INC., hereinafter called "PERMITTEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for ground- water monitoring wells, to -wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adja- cent to Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being the Southeast 1/4 of Section 5, Block E-2, Lubbock, Lubbock County, Texas, and being fur- ther described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00*01125" E., a distance of 1977.03 feet and N. 89'58125" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00*01125" E. a distance of 49.50 feet; THENCE S. 89*58125" E. a distance of 1.50 feet from the Southeast corner of Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. 7. TRACT 2 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adja- cent to Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being out of the Southeast 1/4 of Sec- tion 5, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00*01125" E., a distance of 1846.33 feet and N. 89158125" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 00*01125" W. a distance of 61.20 feet; THENCE S. 89158125" E. a distance of 1.50 feet from the Northeast corner of Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. S. Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 106805 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 termina- tion to the other party before the expiration of the original or any subsequent 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 permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE 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 PERMITTEE for which PERMITTEE shall be liable. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year non-refundable term of this permit, 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. 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 PERMITTEE 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. This first five (5) year ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's check prior to the placing of the request for this permit on the City Council Agenda. This five (5) year fee is only refundable if this permit request is turned down by the City Council. 2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit 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 permit. PERMITTEE must utilize all neces- sary construction barricades, warning signs, and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the moni- tor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. 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, the PERMITTEE STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING d MARKETING, INC. --- PAGE 2 case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, 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 permit or the construction or maintenance and use permit- ted herein. PERMITTEE is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any con- tractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, lia- bility, 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 fur- nish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certi- fied 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 the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reason- able opportunity to settle or adjust the same. 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the old well and drill a new well at PERMITTEE'S sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and PERMITTEE will be responsible for addi- tional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Under- ground Water Conservation District, the Texas Water Commission or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. S. PERMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $10o,000 for aggregate OR STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING d MARKETING, INC. --- PAGE 3 Commercial General Liability insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at PERMITTEE'S expense, PERMITTEE shall do one of the following things: (1) PERMITTEE may furnish a separate insurance policy showing the CITY OF LUBBOCK as named insured; or (2) PERMITTEE may furnish an insurance certificate showing the CITY OF LUBBOCK as an additional named insured by endorsement on PERMITTEE'S insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the succes- sors, 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 bene- fit of the parties hereto, but no assignment hereof by the PERMITTEE, its successors and 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 four (4). 10. PERMITTEE, by its 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 PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. Written notices required hereunder shall be mailed to the CITY OF LUBBOCK, addressed to the City Manager, P. O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMIT79E,-1Texaco Refining i Marketing, Inc., 1437 So. Boulder, Tula , Oklaho4 74jj9,--:;7 D R. ATTEST: J Betty ohnso , City Secretary APPROVED AS TO CONTENT: Ed Bucy Right-o -Way Ag t rry Hert1, dity En4ineer APPROVED AS TO FORM: "f Hart ell, Assis tant C 4kpld ty Attorney STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEKACO REFINING S MARKETING, INC. --- PAGE 4 AGREED TO AND ACCEPTED this day of 1993. PERMITTEE: TEXACO REFINING & MARKETING, INC. BY: 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 DAVID R. LANGSTON, MAYOR, 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 �-1�%1 day of D ece' tj3F(Z_ , 1993. Seal] om» BEATFU M. RDDAIGUEZ at y/ak•&titsdTan � Eroies 01-0195 THE STATE OF TEXAS COUNTY OF all T_4 Y) •'-?) 01ri�_ q -e Z �14tary Public in and '€br (/ the State of Texas &a- 'z IV) e,0e;GucZ Printed or Typed Name of Notary My Commission Expires: 04143/9S § § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, 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/she exe- cuted the same for the purposes and consideration therein stated as the act and deed of aforesaid PERMITTEE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1993. [seal] JH:js/P-TEXACO.DOC DS-Deeds,LsmEs/Aavember 9, 1993 Notary Public in and for the State of Texas Printed or Typed Name of Notary My Commission Expires: STREET/ALLEY AND/OR CITY PUBLIC GR"DS MONITOR WELL PERMIT TEXACO REFINING d MARKETING, INC. --- PAGE 5 Resolution #4334 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 9th day of December 1993, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXACO REFINING & MARKETING, INC., hereinafter called "PERMITTEE." WITNESSETH: Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK does hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated streets and/or alleys and/or City public grounds for ground- water monitoring wells, to -wit: TRACT 1 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adja- cent to Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being the Southeast 1/4 of Section 5, Block E-2, Lubbock, Lubbock County, Texas, and being fur- ther described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00*01125" E., a distance of 1977.03 feet and N. 89*58125" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas; THENCE N. 00'01125" E. a distance of 49.50 feet; THENCE S. 89*58125" E. a distance of 1.50 feet from the Southeast corner of Lot 228, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. 7. TRACT 2 METES AND BOUNDS DESCRIPTION of a ground water monitoring well located in the West right-of-way of Slide Road, adja- cent to Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, as shown by plat recorded in Volume 733, Page 489 of the Deed Records of Lubbock County, Texas, and being out of the Southeast 1/4 of Sec- tion 5, Block E-2, Lubbock, Lubbock County, Texas, and being further described as follows: BEGINNING at the center of this ground water monitoring well which bears N. 00*01125" E., a distance of 1846.33 feet and N. 89*58125" W. a distance of 43.50 feet from the Southeast corner of Section 5, Block E-2, Lubbock, Lubbock County, Texas; THENCE S. 00*01125" W. a distance of 61.20 feet; THENCE S. 89*58125" E. a distance of 1.50 feet from the Northeast corner of Lot 227, Midway Park Addition to the City of Lubbock, Lubbock County, Texas, and is known as monitoring well No. 8. Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 106805 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 termina- tion to the other party before the expiration of the original or any subsequent 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 permit with or without cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND N0/100 DOLLARS ($150.00) and is non-refundable. Upon expiration or cancellation and revocation of this permit by the CITY OF LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are permitted under this permit shall be removed by the PERMITTEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event PERMITTEE 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 PERMITTEE for which PERMITTEE shall be liable. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) cash in advance contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five (5) year non-refundable term of this permit, and thereafter such rate of compensation may be changed for each succeeding Y five (5) year term by the CITOF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK. 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 PERMITTEE 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. This first five (5) year ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's check prior to the placing of the request for this permit on the City Council Agenda. This five (5) year fee is only refundable if this permit request is turned down by the City Council. 2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit 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 permit. PERMITTEE must utilize all neces- sary construction barricades, warning signs, and traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D.), when drilling the moni- tor well, inspecting the monitor well or testing of water samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City owned property. 3. 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, the PERMITTEE STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING B MARKETING, INC. --- PAGE 2 case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for PERMITTEE'S use herein. All work is to be done in compliance with local, State and Federal laws and regulations. 4. This permit is not transferable by the PERMITTEE without first receiving the written consent of the City Manager of the CITY OF LUBBOCK. 5. This permit is made subject to the condition that should the PERMITTEE exercise any right under the permit herein granted and prepare or begin or complete any part of the con- struction as herein contemplated across any or all of the above described property, then and in that event said PERMITTEE, 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 permit or the construction or maintenance and use permit- ted herein. PERMITTEE is responsible and liable for any and all contamination done to the water table if such occurs during the drilling, monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with any con- tractors hired by the PERMITTEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, lia- bility, 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 fur- nish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions in said agreement, and a certi- fied 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 the PERMITTEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give the PERMITTEE a reason- able opportunity to settle or adjust the same. 6. If the street or alley area is ever widened and the well is found to be located in the portion to be widened and must be relocated, PERMITTEE must fill the old well and drill a new well at PERMITTEE'S sole expense. This new well, if required by the Texas Water Commission, could be located on City owned property and PERMITTEE will be responsible for addi- tional licensing costs. 7. After completion, the well shall be permanently filled and capped to the requirements of the City, the Under- ground Water Conservation District, the Texas Water Commission or other applicable specifications. In general, the finished surface shall be left in a condition at least as good as that which existed prior to the drilling operations. 8. PERMITTEE agrees and is required to furnish a policy of public liability and property damage insurance within limits as follows: Comprehensive General Liability Insurance Amounts - Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate OR STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING & MARKETING, INC. --- PAGE 3 Commercial General Viability Insurance Amount $600,000 combined single limit each occurrence and in the aggregate Solely at PERMITTEE'S expense, PERMITTEE shall do one of the following things: (1) PERMITTEE may furnish a separate insurance policy showing the CITY OF LUBBOCK as named insured; or (2) PERMITTEE may furnish an insurance certificate showing the CITY OF LUBBOCK as an additional named insured by endorsement on PERMITTEE'S insurance policy. 9. All of the covenants and provisions of this permit shall be binding upon and inure to the benefit of the succes- sors, 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 bene- fit of the parties hereto, but no assignment hereof by the PERMITTEE, its successors and 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 four (4) . 10. PERMITTEE, by its 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 PERMITTEE waives any and all claims in and to the public way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. Written notices required hereunder shall be mailed to the CITY OF LUBBOCK, addressed to the City Manager, P. O. Bog 2000, Lubbock, Texas 79457. Written notices required hereunder should be mailed to the PERMIT xaco Refining & Marketing, Inc., 1437 So. Boulder, Tuls , Oklaho 74� R. LANGSTON, ATTEST: �&� 'i C�aL 'Betty N. Johnso#, City Secretary APPROVED AS TO CONTENT: Ed Buoy Right -of -Way Ag t rry Hert 1, City Engineer APPROVED AS TO FORM: '046v4d f Hartsell, Assistant City Attorney STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING R MARKETING, INC. --- PAGE 4 AGREED TO AND ACCEPTED this l6 day of , 1993 PERMITTEE: TEXACO REFINING & MARKETING, INC. BY: C�l.r-c 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 DAVID R. LANGSTON, MAYOR, 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 ql_�) day of Deeel tP,FfL , 1993. Beall BEATRIZ M. R1Dg11 UEZ Tau THE STATE OF -GEHMS COUNTY OF al11 T" •-'_� -.e Z. tary Public in and for the State of Texas 6ele�Z I ny ,, I. e p 2; GL&e_Z Printed or Typed Name of Notary a� / My Commission Expires: nhs § N BEFORE ME, the undersigned authority, a Notary Public in and for said ty and State, on this day personally appeared known to me to be t person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she exe- cuted the same for the purposes and consideration therein stated as the act and deed of aforesaid PERMITTEE. GIVEN UNDER MY HAND AND SEAL OF OFFICE this % day of / 61 [Seal] Notarly Public in and f the State of Printed or Typed Name of Notary My Commission Expires: j - a a - q JH:ja/P-TEXACO.DOC DS-Deeds,Eamte/Ncvember 9, 1993 STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT TEXACO REFINING & MARKETING, INC. --- PAGE 5