HomeMy WebLinkAboutResolution - 021171D - Underground Water Line Easement - ATSFRC - Crossing Erskin - 02_11_19716eZ11?1D
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 an Underground
Water Line Easement crossing Erskin in favor of The Atchison, Topeka and
Santa -Fe Railway Company, 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
La nia Lowe, Ci y Secretary, Treasurer
APPROVED .AS FORM:
Fred O. Senter, Jr., CitkAttorney
71
• t
RES01,UTI011
-000--
BE IT KNOWN that on this the ._llth day of FerUary , 19 71 ,
I•
at a regular noeting of the governing body of the City of Lubbock is
there cane on to be considered the natter of the execution
of a license between the said City of _ Lubbock, Texas .
and THE ATCHISON, TOPEK& AND Sit -11% FE RAILZ,;AY COMPANY, relating to raa r t r ena
maintain one piRe line for carrying water
. I
r
1
at or near ea.id City of --Lubbock , Texas''
t
whereupon the following proceedings were had:
i'
It was moved, occonded and unanimously voted that j. H. Granberry
l;
Mayor, be authorized and empmtered to execute on behalf of
the City of Lubbock , Texas ,such license, �
copy of which is hereto attached, and the same be recorded in the Minutes of the i
City Co=aission at the foot of this resolution. .'
STATE OF TEXAS
1;
COUNTY OF , 7jMnncK �.
I, W Lavenia Lowe , City Secretary, do hereby certify
that the above and foregoing is a true and correct: copy of a resolution passed by
the City Commission of said City in regular session on _ February 11
19 71 _, as the same appears of record in Book 30Page .53 , Minutes of
said City Commission,
IN TEST3340NY WHEREOF, witness toy hand and the Seal of Said City this 18th
day -of _ February 197. 1...._•
(SEAL)
City Secretary
• is
0
r.
• 1.
SAfvTA FZ Oi.IGINAL
�
Ml t• � fam MUStandard .. .O".
(Approved by Genera! ScHdtor)
PIPE LINE LICENSE 3
THIS LICENSE, Made this 27th _day of January , 18--►
between---ZW ATCHISON. TOPEKA AND SANTA FE RAILWAY CoYYANIf .
a Delaware —corporation (hereinafter called "Licensor"), party of the first part, and
CITY CP LUBBOCK,,, TEXAS _
a municipal corporation
(hereinafte ar hether 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:
I. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct
and maintain one _
( 1) pipe line, __.100.1 feet in leneth and 10 (O.D. )
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 YR=015:r— —
Lubbock County Texas, the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No. DEOS.-2Q80 dates
January 27fi 1971 , marked "Exhibit A" and made a part hereof.
2. Licensee shall use the PIPE LINE solely for carrying water
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
Ong and Nn/LrMhs Dnll.sgrs — — — — — — — — — — M — ..-----
r
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 PIVE 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 j
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. I
6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-
ppoort Licensor's tracks and for flagman to vrotect 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 indemnifyy and save harmless Licensor against an4 pay in full all loss, :.
damage or expense that Licensor may sTistain, 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
toss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per -
eons, (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 carry out any of the covenants here- "
in contained Licensor may at its election forthwith revoke this license.: ;_ ;,
9. 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 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
1
tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there-
i
. • .
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-
j
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 hature whatsoever or to refund any payment made by
F
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. Box 2000. Lubbock. Texas 7940g
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the
. ' • '
eatne be deposited in the United States Mail, postage prepaid, addressed to Licensor's
'
Division superintendent at P. 0. Box 2370
f
E
Slatons Texas 79364
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., -Y Lz
IN WITNESS WHEREQF, The parties have executed tthiq agreement in duplicate the day and year
first above written. `
THE ATCHISCi1, TOPEFA AND SANTA FE RAIIWAY COMPANY: (Licensor)
.
Approved as to Description:
its-
<
' —
,
-For " Chief Engineer.JL
r
C1THE CITY OF IMBOOKO TEKAS
By
Ems 9s 6_enter, Jr.1 City Attor its Mayor
r � �
(Licensee)
y TO CONT, TOPE RACT LETME-Efd THE
gg R
IN ANY
SLATON DIVISION PLAINVIEW DISTRICT
AND
Cuy w Lmom
C&ierinq water- line crossinq
at
MARMELS,LUBBOCh COUNTY, TEXAS
SCALE: V= 100' D.E.O. SLATON, TEXAS 1,40. 9030
DATED: JANUARY 27,19TI ' lear.tled by
M
e, >ror DIvId ' En2lnear
. N -
6Locrc A x j Q`� BLOCK A
- SURVE4 -Y 19 + ; tlS SURVzy ib
# .
PROPERTY
--1.8milesto Lubbock 8�, �irG-_k Ng79
M.P.672+3923r ' i 4'� G�1ain track The AT.A-S.r Ry,Co Z.
PrOcearY 5tct.3S+1a -----t 6Trac N42167 To CANYON—
" A part of the property of
The AT&S.F: Ry.Co. at
t ' Marnc1s,LubbockCovnty,Texas.
o'L
fd
i
DIESCRIMON:
100= feet of 10 inch O,D., Cfass 15Q cast iron wo'er line with 65 p.s.i., working
pressure and encased in 40feet ct 18 inch aQ,corruoated 14 gage casing
instal led 30 inchesbelow base of rail ;by borinq method as shown hereon
in red colorinq .
PAsiatz�...4► V•7
--Z E3