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HomeMy WebLinkAboutResolution - 040876F - Agreement - PNG Co. - Natural Gas Line, Near Guadalupe Community Center - 04_08_1976JWF:lb 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 NATURAL GAS LINE LAND USE PERMIT AGREEMENT between said CITY and PIONEER NATURAL GAS COMPANY as PERMITTEE covering a two inch natural gas line near Guadalupe Community Center, 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 8th day of Apr i 1 , 1976. SS ROY BA S, MAYOR ATTEST: Treva Phillips, Ci ecretary-Treasurer APPROVED AS TO FORM: rea v. aencer, T NATURAL GAS LINE LAID USE PERMIT AGREEiI°IENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into as of the 8th day of April 1976, by and between the CITY OF LUBBOCK, a Texas Home Rule Munici- pality, herein called "CITY", acting through its MAYOR hereunto duly auth- orized, and PIONEER NATURAL GAS COMPANY, a corporate public utility company, acting by and through its undersigned officers hereunto duly auth- orized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I. THAT in consideration of ONE AND NO/100 DOLLARS ($1.00) 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 PERMITTEE a permit to lay, construct, repair, maintain, and use a two inch underground gas distribution line in, upon, under, along, and across the following described real estate owned and controlled by said CITY, to -wit: BEGINNING at a point which bears east 140.00 feet and north 253.00 feet from the southwest corner of Block 33, Easley Subdivision of the. City of Lubbock, Lubbock County, Texas; THENCE: East 25.00 feet to a point; THENCE: North 160.00 feet to a point; THENCE: West 25. 00 feet to a point; THENCE: South 20.00 feet to a point; THENCE: East 5.00 feet to a point; THENCE: South 120.00 feet to a point; THENCE: West 5.00 feet to a point; THENCE: South 20.00 feet to the place of beginning. _ SAID Gas Line shall be buried at least 36.00 inches below the surface of the ground and/or paved surface under which it lies. IL 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 any time be a source of danger to or interfere with access to or operation of the property hereina- bove described and the surrounding and adjacent property of the City as a public park and/or any lawful muncipal use. 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 sus- tain, 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 re- vocable 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 pro- ceed with such work at the expense of. PERMITTEE. No termination hereof shall release PERMITTEE from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any acts, omis- sions, 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. 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 PERMITTEE shall be binding upon the CITY without the written consent of the CITY in each instance. VL THE TERM of this grant shall be from year to year (without renewal) not to exceed twenty years unless sooner revoked at the will of CITY as pro- vided in Sections IV and VII hereof. VIL 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, post- paid addressed to PERMITTEE at 1500 Broadway, Lubbock, Texas 79401, or to the last known address of PERMITTEE. 1UII�1 PERMITTEE by the acceptance of the uses permitted herein, under- stands 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 cancellation of this permit. IN WITNESS WHEREOF, the parties hereto have executed this instru- -2- 190 ment, in duplicate, the day and year first above written. (1� 1 �� l; �,• CITY OF LUBBOCK ROY BA S, MAYOR ATTEST: Treva Phillips, C' Secretary -Treasurer APPROVED AS TO FORM: gt 'red O. Senter, Jr., C' rney 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 in the capacity therein stated. S GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1976. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said 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 -3- as the act and deed of PIONEER NATURAL GAS COMPANY, and as its President, for the purposes and consideration there- in expressed and in the capacity therein stated. GIVEN UNDER MY BAND AND SEAL OF OFFICE this day of 1976. Notary Public, County, Texas