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HomeMy WebLinkAboutResolution - 021375I - Gas Land Use Permit Agreement - PNG Co - Gas Distribution Line, US 84 & Loop 289 - 02_13_1975t� r 6Z/375_Z 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 Gas Line Land Use Permit Agreement to Pioneer Natural Gas Company as Permittee for a 20-inch gas distribution line to the vicinity of U. S. Highway 84 and Loop 289 in the City of Lubbock, Texas, 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 l 3thday of Fehrua ry . 1975. ROY BA MAYOR ATTEST: TREVAPHILLIPS, CYTY SECRETARY -TREASURER APPROVED AS TO ORM: RED O. SENTER, JFi:" CITY ATTORNEY GAS LINE LAND USE PERMIT AGREEMENT 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 Homerul a Munici pal i ty, herei n. cai led "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,THESEPRESENTS: I: THAT in consideration of ONE AND N01100 ($1. 00) DOLLARS and other good and valuable consideration and the mutual agreements to be kept and performed by the undersigned parties, the CITY does hereby grant unto PERMI TTEE a permit to 1 ay, construct, repair, maintain, and use an underground gas di st ri - but ion line in, upon, under, along, and across the following described real est at a owned and control led by said CI TY, - to -wit: A 40.00'foot gas line easement for Pioneer Natural Gas Co. out of Sect ion 18, Block A, described as follows: BEGINNING at a point in the east line of Section 18, Block A which bears north 3015.64 feet from the southeast corner of this section; THENCE North 56°`57' West a distance of 710.9 feet to a point; THENCE North 33° 05' East a distance of 40.0 feet to a point; THENCE South 56.0 57' East a distance of 689.1 feet to a point; THENCE South.a distance of 47. 74 feet to the POI NT OF BEGI N - NI NG . SAID Gas Line is to be a 20 inch line in size, and shall be buried 40 inches below the surface of the ground and/or paved surface under which it lies. I I. PERMITTEE after construction shall at its cost, restore the surface to its original condition. PERMITTEE at its own cost and subject to the supervision and control of the CITY shall locate, construct, and maintain said Gas Line in such a manner that it will not at anytime be a source of danger to or interference with municipal operations and the safety thereof, and PERMITTEE agrees that at any time CITY builds any improvements and/or facilities which necessitates removal or relocation of PERMITTEE'S Gas Line, that PERMITTEE will forth- with 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. PERMITTEE 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, PERMITTEE agrees at PERMITTEE'S 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. In case PERMITTEE shall fail to restore the City's premises as aforesaid within thirty (30) days CITY may proceed with such work at the expense of PERMITTEE. No termination hereof 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. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and 'assigns, but. no assignment hereof by LICENSEE shall be binding upon the CITY without the written consent of the CITY in each instance. V1. THE -Term of this grant shall be fromyear to year (without renewal) not to exceed twenty years unless sooner revoked at the will of CITY as provided in Sections IV and VII hereof. VII, ANY Notice, Request, Instructions or Revocation of this license to be given by CITY to PERMITTEE hereunder shall be deemed to be properly served if delivered to PERMITTEE or if deposited in the Post Office, postpaid, addressed to PERMITTEE at 1500 Broadway; Lubbock, Texas 79401, or to the last known address of PERMITTEE. VIIL 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 PERMITTEE waives any.and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancel- lation of this permit. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF—LUBBOCK BY ans/ ROY ISASS, MAYOR ATTEST; ` ApCl as to -fore: r Treva Phillips- City Se etar -Treasurer Fred Jr. City Ai or p Y Y J'y ACCEPTED PIONEER NATURAL GAS COMPANY BY Its: President ATTEST: Secretary THE STATE OF TEXAS §. § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared ROY BASS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and the capacity therein stated - GIVEN UNDER. MY HAND AND SEAL OF OFFICE THISDAY OF 1975, (SEAL) Notary.Public,. Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of PIONEER NATURAL GAS COMPANY, and as its President, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 1975. (SEAL) Notary Public, County, Texas