HomeMy WebLinkAboutResolution - 071168A - Agreement - ATSF Railway Company - Quaker Avenue - 07_11_1968RESOLUTION
,"WHEREAS, the City Council has determined a necessity to extend
Quaker Avenue From 19th Street to Brownfield Highway, and
,WHEREAS, to extend Quaker Avenue it requires the acquisition of right
of way from the Atchison, Topeka and Santa Fe Railway Company, and ,
WHEREAS, a copy of the agreement between the railroad and the City of
Lubbock has been; submitted for approval, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the agreement submitted to this Council between the Atchison,
Topeka and Santa Fe Railway Company and the City of Lubbock be and is hereby
approved and ipn submission of the final form in accordance herewith, the
Mayor of the y of Lubbock be and is hereby authorized and directed to execute
for and on behai of the City of Lubbock such right of way agreement, a copy of
which ,is attacbtn
e!d herewith which shall be spread upon the minutes of the Council
and ds 0pread the minutes of this Council shall constitute and be a part of
thisi�esolution if fully copied herein in detail.
APPROVED:
F3* O. ejit6r, J ity Attorney
f
AGtEENMNr; Covering land desired at Lubbock, Lubbock
County, Texas, for right of way purposes
for a public road at Quaker Avenue.
DATED:,
AGREEWNT, blade this day
of , 19 ,between
THE ATCHISON, 70PEKA AND SANTA FE RAILWAY
COMPANY, a Kansas corporation (hereinafter
called "Santa Fe"), as First Party; and
CITY OF.LUBBOCK, TEXAS, a municipal corpo-
ration of Lubbock County, acting herein
by its Mayor, hereunto duly authorized
(hereinafter called "City"), as Second .
Party,
W I T N E S S E T.H:
R E C I T A LS:
City desires to use a certain portion of Santa Fe's property at
Lubbock, Lubbock County, Texas, upon which to construct and thereafter
maintain and use a public road, which is agreeable to Santa Fe upon the
terms and conditions hereinafter stated.
AGREEM-NT
ARTICLE I
1, Santa Fe, for and in consideration of the sum of One and No/100
Dollars--01,00) cash to it paid by City, the receipt whereof is hereby
acknowledged, and of the full and faithful performance by City of its
coverlants hereinafter set forth, hereby licenses City to use a portion of
Santa Fees property situated at Lubbock, Lubbock County, Texas, for the
purpose of constructing, maintaining and using a public road, the property,
license to use which is hereby given, being shoran in red on print DEO Slaton,
Texas, No, $614, dated June 27, 1968, hereto attached, marked Exhibit "A",
and made a part hereof,
2. Santa Fe agrees that it will, at City's expense, make adjust-
ments to railroad communication lines at the crossing location,
3, Santa Fe agrees that it will, at City's expense, install
automatic grade crossing protection devices at the crossing location,
4. Santa Fe agrees that it will, at City's expense, install two
whistle post signs for the crossing.
5. Santa Fe agrees that it will, at City's expense, install and
thereafter maintain at grade, within the limits of the ties, a full depth
timber crossing on its main track, provided that in the event of discon-
tinuance of use by -Santa Fe of said track all obligations assumed by it
hereunder as to such track shall cease and be at an end.
6. Santa Fe agrees that it will, at its own expense, maintain the
grade crossing protective devices, whistle post signs, and timber crossing
to be installed at this crossing.
ARTICLE II
In consideration of the aforesaid license, City covenants and agrees
to and with Santa Fe as follows:
1. That it will use the licensed premises exclusively as a site for
a public road.
2, That it will not let or sublet the whole or any part of the
licensed premises for any purpose whatsoever or assign this license without
the written consent of Santa Fe in each instance,.
3. That in case of eviction of City by anyone owning or claiming
title to the whole or any part of the licensed premises, Santa Fe shall not
be liable to City for any damage of any nature whatsoever.
2 -
s
4. That if the licensed premises, or any part thereof, cease
to be used at any time for the purpose licensed, City will deliver up to
Santa Fe the possession of the whole, or such part so ceased to be used.
S. That it will use the licensed premises and maintain the public
road to be located thereon in such manner as not to interfere with, hinder,
or in any manner obstruct the use by Santa Fe of the railroad or other
property adjacent thereto. In the event of a breach of this covenant at
any time, City will, within ten (10) days after receipt of written notice
- from Santa Fe thereof* do whatever may be necessary to remedy such condition,
and if.City should fail so to do within said time, Santa Fe may do so at
City's expense, bill for the cost of which City will promptly pay.
6. That no legal right of Santa Fe to maintain, use and relocate
the railroad track or tracks or other railroad facilities now located upon
the licensed premises, or to construct and thereafter maintain, use and
relocate any additional track or tracks or other railroad facilities as it
may desire upon or across said licensed premises shall be anywise affected
by the giving of this license.
7. That it will bear and pay the entire cost of constructing and
maintaining the public road or street upon the licensed premises (except
the portions thereof to be maintained by Santa Fe, as provided in Section 6
of Article I), including any and all drainage facilities made necessary or
required because thereof and all paving, curb and gutter and sidewalks.
3 —
8. That it will pay to Santa Fe, upon receipt of an itemized
bill therefor, the actual cost for those items of work as covered under
Sections 2, 3, 4 and 5 of Article I.
9. That if it shall become necessary in the future reconstruction
and/or maintenance of said public road or street to make any changes or
alterations in Santa Fe's right of way fences, signal, power and/or com-muni-
cation pole and wire lines, and/or other facilities located upon the
licensed premises, such changes or alterations, if agreeable to Santa Fe,
will be made by Santa Fe at City's expense, bill for the cost of which
City will promptly pay.
10. That this license is made subject to all valid, existing and
future contracts, agreements, licenses and easements which may affect said
property, covering roads, public or private; pole lines and appurtenances;
pipe lines, or other facilities; provided, however, that in the event pipe
lines or pole lines are constructed across the licensed premises, such
crossings, and any excavation, tunnels, or paving cuts shall be made at the
expense of the one making such excavation or paving cuts as well as any and
all repairs necessary to restore the licensed premises to the condition it
was in prior to such work.
11, That all of the covenants hereof shall inure to the benefit
of the successors and assigns of Santa Fe, to the same extent as to Santa. Fe.
4 -
ARTICLE III
The parties mutually agree that this license shall be effective.
from its date, ,and thereafter so long as said public road shall be located
on the licensed premises and be maintained in accordance with the provisions
of Section 5 of Article II hereof.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day and year first above stated.
THE ATCHISON, TOPEKA AND CITY OF LUBBOCK, TEXAS
SANTA FE RAILWAY COMPANY
By:
By: Its brayor
Its
ATTEST:
Assistant Secretary
for Railway Company
5
ATTEST:
Secretary for City
F rm Appro'1y AmtNowme
[1sr f;r i
STATE OF ILLINOIS
COUNTY OF COOK
Before me, , a Notary Public in and for
said County and State, on this day personally appeared
President of The Atchison,
Topeka and Santa Fe Railway Company, 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 and
in the capacity therein expressed, and as the act and deed of said
Railvmy Company.
Given under my hand and seal of office this day of
19�_.
Notary Public within and or the
County of Cook, State of Illinois
My commission expires:
�6_
THE STATE OF TEXAS
COUNTY OF LUBBOCK X
BEFORE me, , a Notary Public
in and for said State and County, on this day personally appeared
Mayor of the CITY OF LUBBOCK,
TEXAS, 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 and in the capacity
therein expressed, and as the act and deed of said City of Lubbock,
Texas.
GIVEN under my hand and seal of office this the day
of
Notary Public within and or the
County of Lubbock, State of Texas
My commission expires:
7
RESOLUTION
Motion was made by Commissioner , seconded
by Con,-aissioner , that the Mayor be instructed to
sign, on behalf of the City of Lubbock, Texas, license agreement between
The Atchison, Topeka and Santa Fe Railway Company and City of Lubbock,
Texas, covering right of way across said Railway Company's property for
a public road at Quaker Avenue, and that a copy of said agreement be
recorded in the Minutes.
Motion carried.
000
THE STATE OF TEXAS )
COUNTY OF LUBBOCK )
CITY OF LUBBOCK )
City Secretary, do hereby certify
that the above and foregoing is a full, true and correct copy of the
Minutes of the meeting of the City Commission of , 19 ,
insofar as the same pertains to the execution of an agreement with The
Atchison, Topeka and Santa Fe Railway Company.
Given under my hand and seal of office this the day of
s 19 •
City Secretary
_ g _
• EXHIBIT 64API
f}�• 4 �$,',O�' CONTRACT EE€T'�'�'EEN �i ! { (= (� �j
i E i4 i CISltit, OPit �NO SAN � A FE PIPA ti AY V�{�rtP�i1i
SLATON DIVISION SEAGRAVES DISTRICT
AND
CITY 4F LUBBOCK
Covering leasc o� land
LUBBOCK LUBBOCK COUNTY, TEXAS
SCALE: In-100' D.E.O: SLATON, TEXAS NO.8614
DATED: Jun-2 27 ,1968 Ident3fiod by
For Division Engineer
DESCRIPTION: /
A 5i#¢ con}airing 13,2234 square- Survecf 17
feet -more or less- �or location off' Block B
a public road crossing (Quaker Je,
Avenue.) , as shown hereon by
red lines . Q,
Part }he prop-
• ¢rty o� 'The A j. 4-
S.F. Ry Co. at Lub-
` proeosad Po'n bock Lubbock
a // /
/ Couni-LI Texas. Lute
PROPERTY — _ — _ 66s• r kl3 j 1
1w C.T. Bawer linz�_ M.P. 3+306l � ta-veT scwer tin:-CoA. S4353
,` f ---
a4� wet2f tin -Curk ~Sfa.189+OZ6 . 5� / .5ti-- Ry. comet. line
N 19261 1 F y Jh� c� n Q
V Main Track The A.,T. t ST P.y. cc,,/
-•tr-to Seagraves ► •-y3�,,'
T to Lubbock depof -+-
r �
PROPERTY: - � _2251'
tg+M9 Brownf eid High weq ,
Paving
(U. S. Hwy.1115t •s 62 s 82)
CV61 ..
Survey 15
Stock B Pars 11,12 E 14
} ryes V.D. 2871
•� ,�q !► 2815
67 30 022