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Home My WebLink AboutResolution - 092668E - Pipe Line License - ATSF Railway Company - Burris, TX - 09_26_1968IKJ:EW Ito (0 10 3/ V�J.. RESOLUTION 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 .rected to execute for and on behalf of the City of Lubbock a PIPE LINE LICENSE Aween the Atchison, Topeka and Santa Fe Railway Company and the City of Lubboc exas, attached herewith which shall be spread upon the minutes of the Council and spread upon the minutes of this Council .shall constitute and be a part of this esolution as if fully copied herein in detail. assed by the City Council this 26th day of September , 1968. TTEST venia Lowe, City Secretary -Treasurer PPROVED r, Jr., CitWAttorney �(o SANTA FE ORIGINAL fore 1658 Standard - (Approved by General Soddtor) PIPE ' LINE LICENSE THIS LICENSE, Made this llth of September 19, between__ THE ATCHISON,, TOP= AND tUITA FE RAILWAY COMPANY a SansaB corporation (hereinafter called "Licensor"),• party of the first part, and THE CITY CF LUBBOCKOTMS_, a municipml corporation_ (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and ' agree as follows: • 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain . ( l ) pipe line—, feet in leash Lud 1Q inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of Burris Lubbock CountyT Temse the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto sttached,� No. DEOS-8636 , dated — Aurrust 23,. lam_ marked "Exhibit A" and made a part hereof. :t 2. Licensee shall use the PIPE LINE solely for carrying YA#r_4r ;sand shall not use it to carry any other commodity, or for any other purpose whatsoever. B.'. Licensee shall pay Licensor as compensation for this license the sum of One and No/100ths Dollars — — — ($1.00)1t 4. Licensee -shall, at its own cost and subject to the supervision and control of Licensor's chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and Property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIP shall cons ructed, ins le and t ere - after man ne n conformity th the p sass and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall•have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to protect its traffic during- installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPELINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, 'damage or expense that Licensor mav sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss oil or damage to property, (b) injury to or death of per- sons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. c , 7. If at any time Licensee shall fail or refuse to comply with or carry, out.anrr;of the covenants here- in contained Licensor, may at its election forthwith revoke this license. r I • 8. , THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other pay, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and • tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there-' under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No - termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem- nity.or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE. LINE • is removed and the right of way and track of Licensor restored as above provided. ; • 9. • In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is located, or the sale or' abandonment by Licensor of said premises, Licensor shall. not be liable to Licensee for any damage of any nature whatsoever or to. refund any payment, made by Licensee to Licensor hereunder, except .the proportionate part of any recurring rental charge which may, have been paid hereunder in advance. 10...'w.notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served 3f it be deposited' in the. United States Mail, postage prepaid, addressed to Licensee at � P. 0. Box 2000, Lubbock• T s 7940$ Y Any notice to be given hereunder by Licensee to Licensor .shall be deemed to be properly served if the same be, deposited in the United States Mail, postage prepaid, addressed to Licensor'e �.r! Division Superintendent st 330 116rth Railroad Aveme. Slaton. Te=s 7936E 11. In the event that two or more parties execute this instrument as Licensee all the covenants and agreements' of,Ucensee in this license shall be the joint and several covenants ana agreements of such parties. ; ' - - - - — - -• - — � , • 12. : All the covenants and provisions of this instrument shall be binding upon and inure to the bene- fit of the successors, legal representatives and assigns of the parties 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 Ldcen- see, its successors, legal representatives or assigns, or, any subsequent assignee, shall be binding upon Licensorwithoutthe 1writtemcons entsof Licensor;in; eachinstance. �; YLfh7.l-, Iq Oty, :}7J�ijf y,. VIM, 1fiols'� i �1r 7,f }' Y•60 ' r _TIJOTJ �, fT.:_,!7Li .�}?o 61.71.1f jj(it jfo Si((;IG}l �, yli),.'T ,� �• — ....r. .(i•._,.-.. _ �_. --` "r,Ji� ;� n•,S' .: 4- �. ......_.y "Jii r `;ICr f1/<f^l, .'ii OT filS 4" Y� I T, t �y.:.7 �! t t r' .T•� . , IN WITNESS WHEREOF, T�e .parties have. executed this agreement in duplicate the day and year brit above written. ' THE ATQHI80N TO�'IIiA AND ,. � SANTA FE RgLFbTAY COIdPANY' (Licensor) JC'i f.7 OJJk3 • Approved as to Description: ,•. s = ,Toq �RlJcsua�c•Lts 7, , _a r Suerintendent I ) �7,.,��..:_.�__..: __, . 7coxboyitriou (}i:; oll. . - ^F?. }• .r ::if..r' :'il!i . THE CITY CP IABBOCK,= TEXAS PsiM66IJ i __.- .d.i166. fig f �n .i �i� rE:r il-D r ii* Y UV L YaLLiG t:.7t.T.�.i lUou4 jr it— Jgza, R tis - &nr (Licensee) . EXHIBIT"'A TO .COftiTRACT BETWEEN • THE ATC ISM ,TOP A ,D 5. 1+ TA E OAl�.�'JAY CO IPANY SLATON DIVISION THE DISTRICT AND Crry OF Lru5BOCK Covering an underground wader line- crossing a� 'BURRIS., LUB90CK COUNTY, TEXAS SCALE: IN_:. 100' D. E. Q. SLATON, TEXAS, No. 8636 DATED: Au4Vst 25 ,1958 Identified by, h For Dirlslon Engineer. r c rz z kQj Sec.// � k ! $ �+ 4 r 6 Sec. 12 ! Part the proper+y� `o F. ff' Tr xb 61k. S ohe. A.,T. t. S.F. Ry. Co. n + • ��dh l 04. S F. Ry. ; a+. Burris ,•Lubbock Count TQxaz. PROPERTY _ . y -� LITIE { o R4 comm. line / f ."Al h h F / soi ,9 Main rack 11V_ A,T.t 5.F RN. . Go.-' EO'erlo,cfP.4cwed AT 00' qp !8` kt Veye C U P -to Sla-t on -�-- +to Lubbock PROPERTY -- _._ /p+A—•—� / L1N£ Cppe Sou theasf Drive Fmc: t rv_6 (Spur33/) < WD.1495. 31 � lcz DESCRIPTION t 156-2 Put o� 10-inch water line which eonsls}s of 761 !}ect op I 'Class 150 asbes+os-c¢mQn+ wa+zr line and 80' Tec-V of Cues 150 cast Iron pipe. ¢neesed in 18-inch ,14 gaga corruon1m mo.�el pipo which asses 9 Fa+ -more 'or less -below tfie bests at' the rails Water ! ine has approxlrna4ely 7p p.&Lg.,working pressure. and is shown p(ff hereon by. red lints