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Home My WebLink AboutResolution - 010969B - Pipe Line License - ATSF Railway Co - Slaton, TX - 01_09_1969RESOLUTION 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 PIPE LINE LICENSE ranted',byThe Atchison, Topeka and Santa Fe Railway Company attached herewith which shall be spread upon the minutes of the Council and as spread upon the min- utes 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 qrh day of January _ _ 1969. TTEST: we, Ci _ Secretary -Treasurer OVED: red O. Senter, Jr. , ity ttorney SAN A 111 ORIGINAL Form 1658 Standard .� (APprowd by Central Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this___ -nth ___-__ -day of December - __ 19-68_, between —THE ATCHISONt TOPEKA AND &WTA FE RAIWAY COMPANY -- a Kansas_________ __—.corporation (hereinafter called "Licensor"), party of the first part, and THE CITY CF_LUBBOCR TEXAS_____.__. -.-- a munici.-pal cor�or��,i,.on ---------•---------__--------------- ---- (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 one ,M ( �-) Pipe line , 4 f h —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____ AVbAQkt i Lubbock County, Te=s- the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.__D_k'A&-8b7Fi_ , dated December l7i ]�6$ marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying-- Ir-tter and shall not use it to carry any other commodity or for any other purpose whatsoever. S. Licensee shall pay Licensor as compensation for this license the sum of—. One and Hej0 hsDollars------- - - - - -- -- 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 PIPE LINE shall be constructed, installed and there- after maintained in conformity with the plans 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. 5. 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 PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may 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 doss, damage or expense arising out of (a) loss of 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. 7. If at any time Licensee shall fail or refuse to comply with or carryout any of the covenants here- in contained Licensor may at its election forthwith revoke,this.lieense.' ; f S T `. 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 writinglto be served upon the other party, 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. Any notice hereunder to be given by Licensor to Licensee shall be, deemed to be properly served. if it.be deposited in the United States Mail, postage prepaid, addressed to Licensee at_—' _P._0. Box2000 Lubbock Texas 79405 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's Division Su�erintgndga#__ at^-330NQxth_0 Ad AV=U,fi0___ Slaton,jTexas 11. In the event that two or more parties execute this instrument as Licensee all the covenants and agreements of Licensee in this license shall be the joint and several covenants and 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 Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of. Licensor in • each instance. f , .,r_.?,a y .'' _F'• 'd - .04, alaIG �ii.7 5':r, ;... 1. .> ,..._ri +,;,.. lr•j. ..._..r _ :�._. _.-.....-_.. .. .___ -IN WITNESS WHEREOF, The, parties have executed this agreement in duplicate the day and year first above written. THE ATOEISON TOPEKA AD SANTA ALA. .—�- -(Licensor) Approved as to Description : r�P r .. — _ Chief Engineer.-- _.. THE CF K TEXAS ' .. J .. r,. .. ._... ..... !t:F1'� �r '.f•,-: r T•a.:l�c. f-Frti rc' �'. ,' Attornoy t:•rs 1 �Z't8 1�L�itei+ (Licensee) EXHIBIT "A" TO CONTRACT BETWEEN SLATON DIVISION FIRST DISTRICT AND CITY OF LUBBOCK Covering an underground wa+ar line crossing near LUBBOCK ,LUBBOCI< COUNTY, TEXAS SCALE: V= i0a D.E.O. SLATOM TEXAS , NO. 8676 DATED: December 1t ,MS IdantMed byCO o a^ For 01 Enalnoor. b o, ►o N �m Sec.17 B1k. A �...aC T. T. R.R. o 1 5ec.18 hi'-P.86+16511 rt Blk. A - � b• T. T. R. R. PROPERTY - RtF comm. lye - 96'-4-C.LP. • .. -. b A '�8'-16 g3. casing P7pe - �S \ _Q....-- 409+ 12 ° 4 _ LINE -&rtoj' Me property or The A,T. e S.F. near Lubbock. Lubbock Counf y ,Texas. \ ti b Main Track The A,T. ,P, S.F. Ry.Co- fro s 1 +o Lubbock 6•s \ 2- ml¢s �o Lubbock Junction to Texico PROPERTY U. S. NwY• , \� \ AIR 64 Clovis \ Rood DESCRIPTION: S \ 1194 fee+ of one 4.8-inch QD wa+er Iiriz V.6 VA+h 10 ¢s.i.g. working pressure, consis+ing off' 33.3 f¢ei o� 4.8-inch .0.4-inch-wall A.-C. lih¢ w I and 86.1 feet off' 4.8 -inch, 0.4-inch- wall cas'r a� �i w Aar.6 iron water line with asphalt coa+ing and * �3.- W.D.1199 rubber gaske+ join}ing,which is encased e►; �.� R¢1.2253 i :in 86.1 Vac+ off' 8-inch, O.D.,16 gauge pipe roll .which passes 5.5 Vec+ below -the bases off' ;� �o the mils ,as shown.hereon by.red lines. , 1