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Home My WebLink AboutResolution - 021369A - License Agreement - ATSF Railway Company - Quaker Avenue - 02_13_1969RESOLUTION 3E 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 direct o execute for and on behalf of the City of Lubbock a LICENSE AGREEMENT betwe "he.Atchison, Topeka and Santa Fe Railway and City of Lubbock, Texas, covering .ight»of-way across said Railway Company's property for a public road at Quaker Lvenue, attached herewith which shall be spread upon the minutes of the Council .nd as spread upon the minutes of this Council shall constitute and be a part of this tesolution as if fully copied herein in detail. 'assed by the City Council this 13th ATTEST: aven a Lowe, Ci [APPROVED: . SCnter, Jr., surer No Text s. AGREEMENT, Made this 17th day of = December , 19 68 , between THE ATCHISON, 1OPEKA AND SANFA FE RAILWAY COMPANY, a Kansas corporA.tion (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 . Parts, W I T N E S S E T Hs RECITALS: 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. AGREEMENT ARTICLE I 1. Santa Fe, for and in consideration of the sum of One and No/100 Dollars ($1,00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fete 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 shown in red on print DEO Slaton, Texas, No, 8614, dated June 27, 1968, hereto attached, marked Exhibit "A", f 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. I, is 3. Santa Fe agrees that it will, at City's expense, install: .automatic grade crossing protection devices at the crossing location. i 4. Santa Fe agrees that it will, at City's expense, install 3 two whistle post signs for the crossing. 5. Santa Fe agrees that it will, at City's expense, install a full depth timber crossing on its main track, provided that in the event of discontinuance 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 f. 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 l 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 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. 5. 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 nuna 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 in,.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 necessaryor required because thereof and all paving, curb and gutter and sidewalks. . _ 3 4. f r 8. That it will pay to Santa FeO upon receipt of an itemized r bill therefor, the actual cost for those items of work as covered under Sections 2, 3, 4 and S of Article I. } 4. That if it shall become necessary in the future reconstruction and/or maintenance of said public road or street to make any changes or r r alterations in Santa Fees right of way fences, signal, power and/or communi• cation pole and wire lines, and/or other facilities located upon the, licensed premises, such changes or alterations, if agreeable to Santa Fe, F. 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 I 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 r 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 k'= 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. I 1 ARTICLE III The parties mutually agree that this license shall be effective y 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 • i 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. z STATE OF ILLINOIS � COUNTY OF COOK X I ' RESOLUTION Motion was made by Commissioner Granberry . seconded by Commissioner _. Rigsbv F , 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. TI1E STATE OF TEXAS ) i COUNTY OF LUBBOCK ) CITY OF LUBBOCK ) I, Lavenia Lowe , City Secretary, do hereby certify , 1 that the above and foregoing is a full, true and correct copy of the Minutes of the meeting of the City Commission of February 13 , 1969 s insofar as the same.pertains to the execution of an.agreement with The ff� - i Atchison, Topeka and Santa Fe Railway Company. Given under my hand and seal of office this the 13th day of February , 1969 . EXHIBIT "A" TO CONTRACT BETWEEN THE. ATCHISON, TOPEKA AND SANTA FE RAILIMAY COMPANY SLATON DIVISION SEAGRAVES DISTRICT AND CITY OF LUBBOCK :. . Covering lease oV land a-V UJBBOCK , LUBBOCK COUNTY] TEXAS SCALE: 11=100' D.E.()! SIATON, TEXAS NO.8614 DATED: Junes 27 ,1968 identified by, �V� For Division Engineer DESCRIPTION: / A site eoniaininq 13.2231 square Surve 17 Block B l'¢¢t - mar¢. cc less - for locat ion o� a public road crossing (Quaker JAW Je, Avenue.), as shown herw.n by red lines Pbr} the prop- erty ofr The A j C. S.F. RLI.Co. at Lub- 1 pa� � d4.j�! bock , Lubbock County Texas . UNE. PROPERTY �l5-'YG.T. s¢wtc liac-� _ M p g+30616, 161Y.GT scwcr l'u,¢-Conk.14553��^ 74- wff -cr kut¢- Cocck ~s to .189 i 078 — j h��5�— _ Qy. Comm. Uwe.%/ N 19261 %^' t, • Main Track The A.,T. E S.'F Pq. Ca —to 5eagravas 1 ► . y3•o:.. io Lubbock depot- -•- Y-- ---- -- -- - -'' ---- -- —-----