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Home My WebLink AboutResolution - 071174F - Pipe Line License - ATSF Railway Company - 07_11_1974FOS jr: dw 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 a pipe line license in favor of the Atchison, Topeka and Santa Fe Railway Company, attached here- with 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 1 lthday of July 1974. _ r ROY BASS, MAYOR ATTEST: Treva-.Phillips, City cretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., 9W Attorney r SANTA FE 0MGMV Foes 1650 Skmdard (A,pprwmd by General Sachar) PIPE LINE LICENSE THIS LICENSE, l4lade this 21st day 19 a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK,, a �•inni �i nal enrr�nraf.i nn (hereinafter, whether one or more, called "licensee"), party of the secon WITNESSETH, That the parties hereto for the considerations herei agree as follovm: L Subject to the terms and conditions hereinafter set forth, Li : and main#sin one 1 ) pipe line--, 154.4 feet; et; in gngth and 2L ( Oa D.) f� inches in diameter (hereinafter, whether one or more LINE"), across or along the right of way of Licensor at or near the ff tb Taibbonk County, Texas the exact location of the PD� shown by red coloring Capon the print hereto attached, DBOA-90 June 20, 1974 marked "Exhib 2. Licensee shall use the PIPE LINE solely for carrying and shall not use it to carry any other commodity or for any other p S. Licensee shall pay Licensor as compensation for this license 'One Hund-red d NOZ100ths Dollars parL Liter expressed covenant and hce 3es Licensee to construct pipe lines, called the "PIPE )n of Marnels_, LINE being more particularly —, dated .-- t A" and made a part hereof. m whatsoever. sum of^._ 4. Licensee shall, at its oven cost and subject to the supervision an d 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 preset or future tracks, roadbed and property of Licensor., or the saf? 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 onstructed, 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 Ucenee 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 obligati ns of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereb S. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to arotect its traffic during ins Allation 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 the PIPE LINE, including any such foss, damage or expense arising out of (a) Ioss or or damage to property, (b) injury to or death of per- nom, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at anytime 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. 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 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. O Fox 2SX2S?.. 1uhb=k. 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 LiceIs Division Superintendent- at 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 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 Ucen- 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. IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. TiL kTQHTS50N, TOP . A �IAi 2�WA FT� RAl' ,dAY GoMPA NY (Licensor) Approved as to Description By— ItsS dent For AM4—Ehgineering CITY OF LUBBOCK i* (Licensee) EXHIBIT "A„ TO CONTRACT BETWEEN THE ATCHISOR, TOPEKA Al-10 SAHTA FE RAILWAY COS 1PAHY PLAINS DIVISION DISTRICT AND ' city oc 1�.8.�soc,� • COr/E,e/.t/G i� SE'i✓E.e' L/�E C.�OSS/�+/G /��9,it��G LUBBOG•� CDUit/r>! 7E.�.9 s SCALE: V— /00' D.E.O. AMARILLO, TEXAS N0. �75Z90 DATED: tfa-'�E .T D> ' Identified • By.��..-�` t'OA Division Engineer. .BLDC,G� A �.eO�E.�'Ty OF TiYE twBoc,C M� 672 r� Soaz o - CDUi✓Ty iE�'AS. � - Y 14 77. 1 rs s c.v s r ._ ,ca �✓ �l l _ �y G'O- f�.BO�.�..eTy L/�E - - _ �s f " ✓. c . 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