HomeMy WebLinkAboutResolution - 021375A - Gas Land Use Permit Agreement - PNG Co. - Gas Line, LRA - 02_13_1975Z/375 4
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 author-
ized and directed to execute for and on behalf of the City of Lubbock a Gas
Land Use Permit Agreement to Pioneer Natural Gas Company as Permittee
for a gas line to serve Municipal Airport of the City of Lubbock, 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 13th day of February , 1975.
11 &V4
ROY 13ASS, MAYOR
ATTEST:
Treva-Phillips, City S cretary-Treasurer
APPROVED AS TO FORM:
-
Fred O. Senter,'! Jr., y Attorney
GAS LAND USE PERn1IT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT entered into as of the 13th day of February,, 1975,
by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality„ .
herein called "CITY", acting. through its MAYOR hereunto duly authorized.,, and
PIONEER NATURAL `GAS COMPANY, a corporate public utility company,. acting:
by and through. its undersigned officers hereunto duly authorized,. herein called,_.
"PERMITTEE" , as follows:
KNOW ALL MEN BY THESE PRESENTS:
THAT in consideration of ONE.AND N0/100 ($1.00) DOLLARS and other ga
and, valuable consideration and the mutualagreements to be kept and perforraed.:
by the undersigned parties, the CITY does hereby grant unto. PERMITTEE..a
permit to lay, construct,. repair, maintain, .and use an underground gaa.. diafri� ..
bution line in, upon, under, along, and across the following described rea1-
estate owned and controlled by said CITY, to -wit:
A 20. 00 foot wide gas line easement for Pioneer Natural"
Co, out of Section 28, Block A. ,Lubbock County, Texas said:.,
easement being 10.00 feet wide on both sides' of the follvAring,
described center line:
BEGINNING at a point which bears North 41.00 feet, more
or less, and West 133. 00 feet, more or less, from the
Southeast cornerof Section 28, Block A, Lubbock County,,_
,
Texas;
THENCE North,. parallel to said East section Iine, a"distance
of 985.00 feet:
.THENCE around a curve to the left with a radius of 383.'00'feet
a distance of 301.00 feet to a point;
THENCE North 45 a 00' West a distance of 32.00 feet to a P64A ,
THENCE around a curve to the left with a radius of 383.00.feet
a distance of 248. 00 feet; -
THENCE North a:distance,-of 65.00 feet to a point;.;
THENCE North 361 401 West a distance of 480 .00 feet -to a point
THENCE North 52 ° 00' West a distance, of 257.00 feet too- a point;
THENCE North 57 °.301 West, under a .road, a distance of 120.00
feet, more or less, to a pointi, said point being at the rear
of the gas vault in.the Lubbock Regional Air Terminal Building.
SAID GasLine is to be a. 4 inch line in size, and shall be buried 36 inches
below the surface of the ground and/or paved surface under which it lies, and
is for the service of 'I ubbock Municipal Airport.
I is
PERMITTEE after construction shall at its cost, restore the surface to
its original condition. PE13:1;I'1'TLI at its own cock and sub;crct to the st[Mr�isipi
and control of the CITY shall locate, construct, and maintain said Gas Line in
such a manner that it will.not at any time be a source, of danger to or interfere
with•-a.ccess to or.operation of said Municipal Airport and/or. any Municipal
facilities and the safety thereof, and PERMITTER agrees that at any time
CITY builds any improvements and/or facilities which necessitates removal
or relocation of PERMITTEE'S Gas Line, that PERMITTER will forthwith
accomplish such relocation or removal as requested by CITY, at the cost and
expense of PERMITTEE, and thereafter maintain its gas line as designated by `
the CITY.
III.
PERMITTER agrees that at all times it will indemnify and save harmless
the CITY against all claims, demands,actions or causes of,action, arising or
growing out of any damage to property or injury to or death of persons which may
be "due in any -.:manner to the construction, use, maintenance, state of repair or
presence. of'the Gas Line installation and to pay the CITY.the full amount of any
loss or damage which it may sustain, incur or become liable for on account
thereof:
- IV
THIS PERMIT is given by the CITY and accepted by PERMITTEE upon the
express condition that the same is, and at all times shall be revocable at the will
of the CITY; and whenever requested .so to do by the CITY, PERMITTER agrees
at PERMITTEEIS expense to remove said Gas Line installation from the
property of the CITY and restore said property to the same condition in which it
was, prior to. -.the placing of said Gas Line installation thereon. Incase PERMITTI
shall. fail to. restore the City's premises as aforesaid within thirty (30) days, CIT3
may. proceed with such.work at the expense of PERMITTEE. .No termination here,
shall release: PERMITTEE. from any liability or, obligation hereunder, whether of
indemnity or otherwise, resulting from any acts, omissions,` or events happening
prior to the, date of termination or such later date when the Gas Line installation
may be:removed and said premises restored as hereinabove provided.
V.:.
t1hS,;AGREEMENT 'shall be binding upon and inure to the benefit of the,
parties and their respective legal representatives, ` successors and assigns'. but
noassignment "hereof. by PERMITTER shallbe binding upon the CITY: without the
written consent oUthe-CITY in each instance.
VI:
THE Term of this grant shall be from year to year ,(without renewal) not
to exceed`.twentyyears unless sooner revoked at the will of CITY as provided`
is Sections IV and VU hereof.
ANY Notice, Request, Instructions or Revocation of this license to be
given by, CITY o PERMITTEE hereunder shall be deemed to ,be properly
served if delivered, to PERMITTER or if deposited in the Post.Office, postpaid.
addressed to PERMITTER at 1500 Broadway Lubbock,, Texas 79401, or to _the
last known address of PERMITTEE."
::.V 11I.: .
PERMITTEE by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended or. implied
except those expressly set forth herein and PERMITTER waives any and all
claims in and to the prope rty it is permitter] to use hereby and agrees to give
peaceful possession of said property covered herein upon termination or canc-
ellation of this permit.
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