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HomeMy WebLinkAboutResolution - 011074D - Pipe Line License Agreements - ATSFRC - 3 RR Crossings - 01_10_1974-� JW F : pm RESOLUTION MIn BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbockthree pipe line license agreemer with the City of Lubbock as licensee in each agreement and Atchinson, Topeka, and Santa Fe Railway Company as Licensor in each such agreement. The purpose of such agreements is to license the City of Lubbock to cross said Railway Company's trackage with water line undercrossings at the three following designated locations, zto-wit: 1. Trackage at MPO+3124. 4 feet, Crosbyton District near Lubbock, Te 2. Trackage at MPO+3100. 9 feet, Crosbyton District near Lubbock, Te 3. Trackage at MP 672+4645. 5, Plainview District, Marnels, Texas. Each of such three agreements shall be spread upon the minutes of this Council, and as spread upon the minutes of this Council shall .each constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of January , 1974. IRIS W. TURNER, MAYOR ATTEST: T_re.vr:itkip Cit Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., t Attorney &ANTA FE ORIGNAL raga 16M &t nward t M r —a) SAch-) ]PIPE LINE LICENSE THIS LICENSE;, Ilfade this 6.th day of December between THE ATCHISON,, TOPF.KA AND SANTA FE RAILWAY COMPANY , 8 Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, Municipal pa corporation (hereinafter, whether one or more, called "licensee"), party of the second part. WITlv'ESSETE , 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 ._ ( l) pipe ling---,: 200.2 fret in length and 25,750 (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 Ltbb �— lubbpek County_, Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, NoDFo -929. 8dated_ December 6, 1973 , marked "Exhibit A" and made a part hereof, 2. Licensee shall use.the PIPE LINReolely for carrying _grater ►^ 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 suns of._ _ .- ... - One Hundred Fifty and No/100ths Dollars - - ($150.00) 4. Licensee shall, -at its own cost and subject to the supervision and control of Licensor's chief en- gineer, -Iocate, 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 E LINE 9MI be constructed, inHMIed andere- 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. S. -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 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 foss, damage or expense arising out of -(a) loss or 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 carry out any of the covenants here - In contained Licensor may at its election forthwith revoke this license. t N 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 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 name 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. Aay 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 79457 ' 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 Superintendent' at 9 olk Street Amarillo, Texas 79171 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 bens- 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. A -IN WITNESS WHEREOF, ..The parties have executed this agreement in duplicate the dap and year first above written. .......... D SANTA FRLdAY COMPANY ATCHISON, TOPEKA Al (Licensor) Approved as to Description: By —Laic Jt&_Superinte Ant For AGYI- Engineering ? $c T. .. CITY OF iIJBBOCK By Its Mayor r (Licensee) , EXHIBIT „A„ TO CONTRACT BETWEEN THE ATGHISON, TOPEKA AND SANTA FE RAILWAY COMPANY PLAINS DIVISION G'.E'f?.5'6YTr�� DISTRICT AND • Ciry oF1��.eac,� /vEA.e �UBBOG'.�f �U.��OC.� cOU/�/%Y ,rEX19✓�' SCALE: 1"= /DO ; D.E.O. AMARILLO, TEXAS NO DATED: I�EGEi?BE,e 6� /y7�T . ' lder>iified j By Division Engineer. G UB6�C.CJ: �UB.BOC.0 Q Coe.*ar� _ -._� \,` • .Sty '• C..rr • .�. - � � pit " fit o T.YE r..sf .ey cow :-7 Od C,EDSBY70�/ OE.SC.E'/iTIO� -ZOO • Z as 7s0 i�c� o-o� c`L�ss .ISO, i9P / ETEGG �yd J.✓QE.ed ..PE/�/fOCG"E Q C��.IC,eETE ,.%oE �✓i97E.� Gi.✓E i✓iT.✓ k/1�.�.ri.�/� i°�ESSd.F'E Qf /SO fS/ OF k/.t'ic// �Z 72 Z kV, L? SO 3C5 4z G,F a4:rt • i�lET,.JL �'/�E . .�G f EET �.�'DH ,��5E Of �/JiG �'O Tom 0c' C�r'Si.�/G . L/i✓E SiYOkJi./ /YE.EEO.✓ BY rE'El� COGD�/,✓� . SANTA FE ORIGINAL F w 16M standu-a c (%paro"d by 0--1 S44h ►) PEPE I ;E LICENSE THIS LICENSE, Made this 5h day of December , 19-73.._, between TH7, ATCHISON, TOPEKA AND SANTA FE RAMITAY COMPANY , e Delaware —corporation (hereinafter called' Licensor"), party of the first part, and CITY OF LUBBOCK,. a Municipal corporation (hereinafter, whether one or more, called "licensee"), party, of the second part. WITNESSE T H, That the parties hereto for the considerations hereinafter expressed covenant and e,gree as follows: L Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain one ( 1 ) P}Pe Vie- 164.8 feet in length and 28-2 5I32 tO. 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 Marnels. _ Lubbock County: Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No IrLOA-9300 , datm _ - December 3. 1973 __, marked "Exhibit A" and made a part hereof. -2. Licensee shall use thePIPE LINE solely for , carrying ' Water and shall not use it to carry any other commodity or for any other purpose whatsoever. &;" Licensee shall pay Licensor as `compensation for this license the sum of._.__ One Hundred Fifty and Noj l hs Dollars «- - - - - - ($150.00) 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 the re - after maintained in conformity with the plans and specifications shown on print.hereta 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 saf a 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 vroteet 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 lose.. 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 Ahe PIPE LINE, including any such. foss, damage or expense arising out, of (a) loss or 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 shalt 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. 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 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 TINE them. under. In case Licensee shall fail to restore Licensoes 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 Pt 0. Box_ 20W, %ubbook., - Texas 791L59 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 Staten Mail, postage prepaid, addressed to Licensor's Division 900 Polk Street. Amarillo, Texas 79171 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 ana agreements of such parties. • 12. All the covenants and provisions of this instrument shall be binding upon and inure to the bens. 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 anysubsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. M. .. - IN WITNESS WEMREOF, The parties, have, executed this agreement in duplicate the day and year fiat above written. �. THE ATCHISON, „TOPEKA AND SANTA FE RAILWAY COMPANY (Liteneor) Approved ass to Uescription:_ Its Superinfendent For : veering ¢ !" By Its Manor (Licensee) EXHIBIT „A.,. TO CONTRACT BETWEEN THE ATCHISOH, TOPEKA AND SA11TA FE RAILWAY COA41PAHY - PLAINS DIVISION DISTRICT AND CO, ✓E.h/�✓ F �9 !ia/i9TE.0 L/NE C.E'�SS/NF . _ �w,�eivL�� S, L U�s.BOC,� co��✓ry T���s , SCALE: 1 n=/Do " D.E.O. AMARILLO, TEXAS NO.7-.3oo DATED: vEc�r�BE,e . 3, /973 Identified , By Foe Division Engineer. lop I�WW7- On Vim• / �67 > i✓ i • .42711 I V / LUBBOC.C. � � �I a / � a �O .�X CQ . �.�'O�E.•PTi � L,�i✓aF - In - co t �C.�si.✓ F. • Bey co. .�,PopE.Py'yG /.•�E _ _.... � ►/- 7 /a¢ 9B /G:L. P FEET of �P 1�L ,X�-O.� CL.9ss /00 STEP_ G c 3/G/n/1JE.G .�E/i�/fO.e GE O Con/C'�ET.� _ �/f v�/flTE.0 L �f/E' !i//7/f /9' `✓v,�•C'///G /'.CESSv,PE .•-._ — �o- JF JS" f'S/> D F s✓s�i c.� �"G fEE"T /S E�G•ilSE4 _ ^� c ' (��s 7b' O.O. J .o�-Z GAr/GE GO.e�'UGs+t J'EO !�/5 3 j . �'� TOP 4f' C'.+!JS/�G . L/�/E-Si.�OG.//�•�/.�.�".eE'O� SANTA FE 4RIMAC Form 16M Standard (Approved by G.r+ l Sogdtary PIPE LINE LICENSE THIS LICENSE, Made this 5th _day of December , I9 been THE kTQHISONi TOPEKA AND SANTA FE RAILWAY 001,,3ANY , a Delaware rporation (hereinafter called "Licensor"), party of the first part, and `CITY OF ZUBBOCK, _ a hblbi cipa7 c_ orporation _ (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: I. Subject to the terms and conditions hereinafter set forth, Licensor. licenses Licensee to constrict and maintain one _ ( 1 ) pipe line_, 202.8 feet in length and 28-25/32 • (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_ Lubbock. LUbbock County, T. e= the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No- DEOA-9299 , da#ed - Nov , ben 91, 1973 marked "Exhibit A' and made a part hereof. 2. Licensee shall use the PIPE LINE solely' for caarrying water _ and shall not useit to carry any other commodity or for any other purpose whatsoever. ..; L. Licensee shall pay Licensor as compensation for this license the sum of One Hundred Fifth and No/100ths Dollars - - - ($150.00) 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 eases tivhere.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 ere - ter 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 saf a 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. b. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensoes 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 loss, damage or expense arising out of (a) Ioss or or damage to property, (b) injury to or death of per - ,,sons, (c) mechanics' or other liens of any character, or M. 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 hero in contained Licensor may at its election forthwith revoke this license. No Text 7 3- EXHIBIT "A„ TO CONTRACT BETWEEN THE ATCHISOH, TOPEKA AND SANTA EE RAILWAY CO NiPAHT PLAINS DIVISION DISTRICT AND - CO%�'.ellV(r . LU101:510 , Ze,12Y, ca�//vTy 7, X,9s SCALE: V—/pa ' D.E.O. AMARILLO, 7 EXAS NO. 9.7 9 9 BG�/O.C�.r f% •• `dentiie'sy PATOEfc,TC.T2� �Division T6.dEynTE'Og�is'Cn' Eee.C- r. 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