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Home My WebLink AboutResolution - 101476A - Pipe Line License Agreement - ATSF Railway Company - Station 240 - 10_14_1976. it Q,e A 0/4 � 90 1 4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City 91 Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License Agreement to be entered into by and between said City (as Licensee) and the Atchison, Topeka, and Santa Fe Railway Company (as Licensor) for a water pipeline crossing by said City at MP4 + 2899.0 at Station 240 + 19 of said Railway for a 21 inch (diameter) casing pipe; 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 14th day of October , 1976. e , T EVA PHILLIPS, ' y Secretary -Treasurer APPROVED AS TO FORM: 1�4 �11f4 Fred O. Senter, Jr. C' Attorney .N1!!11!!lrrll� ��6;21 form 1658 Standard (approved by General Solicitor) ) •, j„ PIPE ]LINE ]LICENSE ' THIS LICENSE, Made this_-_--21at ------ day of__ __-_-__Segtembex----------_--- , 191EL, between----- THE ATC11ISON,__TP?P;k AND_SANTA FE RAILWAY COMPAIN $ Delaware corporation (hereinafter called "Licensor"), party of the first, part; and -�CITY _OF_LUBBOCK , TEXAS. a Hunicipal corporations_atxxing�i��4�fiMay-ctr,t`�____ _.eunro tiu7y -autharl (hereinafter, whether one or more, called "licensee"), party of the second part.; WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and----- (. -:1,) pipe line___:_ , -_2rL SO_ h-cast--lran---------- --_- - �- - -- 25.80 -_._inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station --Lubback--County..,_-Texas_.._-_____.._--the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.-_ _2-769 dated�_� Septernber.l6� marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely, for carrying- yaLer ( r and shall not use it to carry any. other commodity or for any, otherpurpose whatsoever.: 3. Licensee shall pay Licensor as compensation for this license the sum of Dne._Hund.red,�Fifty - - - - - ara -=_��_ -- -_ - - - IZo1..I 4. Licensee shall, at its own cost and subject to the supervision and control of Lieensor's chief engineer, 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 present or future tracks, roadbed and property of Licensor, or the 'safe operation of its railroad. In cases where the Licensee is permitted under 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 constructed, installed and thereafter 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 Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Li- censor 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 per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation 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 loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (e) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. •• -- ac i--:.€t�' .€..a"",.0 Y;• y,�:iti "i✓c +. sM r"'r- `y_!as.. ri.-.fi �i.''-an, -2" a si - x ,p.- ......- YJ->;y -, ,;.:;y."-{_ .Y!T.'_rl+-i : w# ro's'f.4 f l r, :.. a : G,..?r, is �+ b,•Yy!M j' .wi.1•. �� 4rt < 1 � ,1.. u}F .1i.+n'`5.n t".! t.?ri{.� ry�i$a .,l;A, y nY.�.:�. Y F :Y;'b, n..K�.-.p� S. 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 de- mand of Licensor, 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 thereunder. 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 here- under, whether of indemnity 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 ease 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 g7ven by Licensor to Licensee shall b6 deemed to be properly served if it be -deposited in the' United States Mail; postage prepaid,, addressed to Licensee at_ P 0 :Box 2000 Lubbock Texas 79457 Any. notice to be given hereunder by'Licensee',to Licensor shall be deemed to be mproperly served if the sane : be de ited in the United .States Mdh pos ,postage .prepaid; addressed `to Licensor" bivision S erintendmt f' � r ':'''At--9QO-S- -Falk Stzaet;.�a►arilta,�Texss_:Z9171 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, benefit 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 Licensee, its successors, legal representatives or assigns, or any subsequent assignee, shall be bind- ing upon Licensor without the. written consent of Licensor in. each instance. .k .-i 4..... a '. i. 1. :-.. _ ' rC r '?_ :. .. t ,. !.- �'ti 'J. .: rt.. F• ; _ ,ii .... ... .. .. .. IN WITNESS WHEREOF, The -.parties have executed this agreement in duplicate the day and year first ' above written. ' THE ATCHISON, TOPEKA AND SANTA FF, RAILS Y COMPANY ' - _. _. _ (Licensor) 00, Approved ° as to `Description :By- ' . a:� a Its : Assistant to General !.!4 a Chief Engineer. t . .t g CITY 0>? OC 40 -- i F: G. , , Its lntu0%, 0\,�` ...: ---------------- ---- (Licensee) EXHIBIT "A.. TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAINS DIVISION SEA"AVES DISTRICT AND THE CITY OF LUBBOCK COVERING .t. �..,_.<<•. WATER LINE CROSSING �• NEAR LUBBOCK, LUBBOCK -COUNTY, TEXAS,' - SCALE I 10d A.G.M.-ENGINEERING-AMARILLO, TEXAS -.,No. X-2-762 -DATED: SEPTEMBER 16. 1976 y Mfit -STA. 240+ 19 ' � O .Co_ Property Line 36"Dia. Casing Pipe 0o N N N. —To Seagraves ► $ To Lubbock ---�— o" Ry. Co. Property Line ell VA L. 16 MAP NO.2 TEXAS >; PAR.NO.4 DESCRIPTION: 10d feet of 25.80"0.D. cast iron water line, biturnious coated, class 150, wall thickness 0.92, compression joints, with a working _ pressure of 65 lb, p. s. i. of which 50 ft. is encased in a 36"— 12 gage corrugated - galvanized metal pipe, placed 112. Top of casing to base of rail by dry bore only, as shown hereon by red coloring.