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HomeMy WebLinkAboutResolution - 032775I - Land Use Permit - Pioneer Natural Gas Co - 03_27_1975x •— RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUB13OCK: THAT the MAYOR of the CITY OF LUBBOCK BE and is hereby authorized and directed to execute and issue subject to the terms thereof for and on behalf of the CITY OF LUBBOCK a Land Use Permit for 20 inch gas line in favor of PIO- NEER NATURAL GAS COMPANY, A Corporation, 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 2.7 day of March , iW.- ROY BASS, MAYOR ATTEST: Treva Phillips, City/ISecretary-Treasurer OVED AS TO FORM: r, Jr., City-I�#rney LAND USE PERMIT THE STATE OF TEXAS § COUNTY OF LUBBOCK § The CITY OF LUBBOCK, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its MAYOR hereunto duly authorized (herein called CITY) does hereby issue to PIONEER NATURAL GAS COMPANY (herein called PERMITTEE) a land use permit to construct, operate, and maintain an underground gas line approximately 20 inches in diamter to be / buried approximately 4 feet under the surface of the ground in, under, along and across the following described tract of land: LAND USE PERMIT DESCRIPTION A strip of land twenty feet wide, being ten feet wide on either side and along the entire length of the following described center line; BEGINNING at a point in the North section line of Section 13, Block A, 149.4 feet West of the Northeast section corner; THENCE South 00 Olt 30" West a distance of 120.0 feet to a point: THENCE South 380 281 30" East a distance of 1, 241.6 feet to a point; THENCE South 0° Olt 30" West a distance of 60.0 feet to a point; THENCE South 80 43t 30" West a distance of 1, 724.3 feet to a point; THENCE South 270 451 30" West a distance of 10218.4 feet to a point above an existing 10" gas line, then continuing on this same bearing for a total distance of 1, 315.6 feet to a point; THENCE South 6° 081 30" East a distance of 2, 075. 0 feet more or less to a point in the North ROW of Loop 289. TEMPORARY WORKING PERMIT DESCRIPTION A temporary land use permit is also hereby allowed Permittee as a temporary working permit for a strip of land sixty feet wide being thirty feet wide on either side of said center line along its entire length, which temporary working permit shall 1pso facto expire, without further writing upon completion and covering up of the gas line constructed under the terms of this land use permit. This Permit is issued upon the following terms and conditions: (1) PERUTTEE shall have full right of engress and egress for purposes necessary to carry out the privileges allowed by this Permit. (2) This Permit is.to be construed as a land use permit only and is not to be construed as the grant of a permanent or perpetual easement or conveyance of title or interest in land of any kind or nature. (3) As consideration for the issuance of this Permit, PERMITTEE agrees to pay and shall pay to the City the sum of $ 3, 738. 25 in a lump sum in advance contemporaneously with the execution of this Permit by PERMITTEE. (4) PERMITTEE agrees to abide by and comply with all provisions of the Antiquities Code of Texas, Article 6145-9, Vernon's Annotated Civil Stautes of the State of Texas as currently amended and supplemented, and all rules and regulations promulgated pursuant thereto. All to be accomplished at PERMITTEE cost prior to commencement of gas line construction and/or use of such gas line hereunder (5) PERMITTEE agrees by its acceptance of this Permit to move, re -shift, or relocate its gas line placed pursuant to this Permit when requested to do so by the City of Lubbock after 180 days notice, to be done at the expense of PERMITTEE. (6) This Permit is made subject to the condition that PERMITTEE and its successors, and assigns, will at all times defend, indemnify and otherwise hold the City, its agents, servants and employees harmless of and from any and all claims demands, actions, causes of action, suits at law and in equity and costs of whatsoever kind or nature which may grow out of or relate to the making of this Permit or the exercise by PERMITTEE of all or any of the privileges allowed by this Permit. (7) City of Lubbock at its election may cancel and revoke this Permit with or without cause, upon 180 days notice to PERMITTEE. Said notice shall be deemed properly served if deposited in the Post Office, postpaid, addressed to Pioneer Natural Gas Company at 1500 Broadway, Lubbock, Texas 79401. (8) Upon termination of this Permit, by revocation and/or cancellation by CITY, by mutual consent of the parties hereto or otherwise, PERMITTEE shall remove, at no cost to CITY, any or all improvements and appurtenances thereto, if any, made or placed pursuant to this Permit if such removal is re- quested by the City of Lubbock. (9) PERMITTEE accepts the terms, covenants, and conditions of this Permit and agrees to bebound thereby. (10) This Permit and privilege shall not be transferable in whole or in p. and shall not inure to the benefit of any other person, firm, corporation, or orga- nization other than PERMITTEE except upon express written consent of City of Lubbock. (11) All covenants and provisions of this Permit shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by PERMITTEE, its suc- cessors, legal representatives or assigns, or any subsequent assignee, shall be binding upon City of Lubbock without the written consent of said CITY in each instance. - EXECUTED THIS 27 DAY OF March Z975. ` CITY OF LUBBOCK BY �S ROY `BASS, MAYOR ATTEST: , Appr o ved astoform. r%ire"-L'i•.i '/.r�����_.���=�=�.Lll`- / � Treva Phillips, Cpy Secretary -Treasurer- Fred o. S_;,;_r, jr., city At 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 acknow- ledged to me that he executed the same as the act and deed of the CITY OF LUB- BOCK and as MAYOR, for the purposes and cons iderationtherein expressed, and it the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE THIS , 3 7 DAY OF 1974. (SEAL) Notary Public, Lubbock County, Texas THE STATE 'OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lub- bock County, Texas, on this day personally appeared known to me to be the.person whose name is subscribed to the foregoing instru- ment 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 1974, (SEAL) Notary Public, Lubbock County, Texas .