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Home My WebLink AboutResolution - 101476B - Pipe Line License Agreement - ATSF Railway Company - 10_14_1976y %00 /0/� 8 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 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 MP3 + 5203. 2 at Station 210 + 43. 2 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 min- utes 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. TREVA PHILLIPS, y Secretary -Treasurer APPROVED AS TO FORM: 'red 0. Senter, Jr., C o0\\�t44Utfffrh„ + 11 �C 521 Form 1658 Standard �• �� • • i • ``<< �� s' (Approved by General Soliciror) `r PIPE LINE LICENSE r THIS LICENSE, Made this____21at__--_day between____ -THE ATCSISON, TQPERA_ AND SANTA_FE RAILWAY COMPAtiY_�_��-- --- --- __ - ' a, _Delaware--—. ---- corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK. T_EXAS,_ a Municipal _corporation, ------------------------- _hereunta_duLy_-suthosizerL—_-- _-__--- (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 maintain_ —one _� ( 1) pipe line___,-25.SO--ill-cash--iron 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 of-___—ynbbock3 --_ -. ILubb-ack-Co-unty,. Texas____ --_-.—__-the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, dated September_ I6__ I976 _ _ _�— — marked "Exhibit A" and made a part hereof. 2. Licensee shall, use the PIPE LINE solely for carrying _ma ter__�_,�___ and shall not use it to 'carry any, other commodity or for any other, purpose whatsoever. 3: Licensee shall pay Licensor as compensation for this license the sum of—Ane-RundredrF_ifty 77 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor'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, Ir 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 (16) 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, (c) 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. 8. 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 PIPELINE 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 case 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 given by Licensor to Licensee shall be 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 properly served if the same be deposited in the United States Mail, postage prepaid,' addressed to' Licensor's. __«� . Division Su�eri tgndent m4t-:M9--S4utlt_Pa.] k_&t=et,.YAmar3110 - Tex-ga 79171 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.:•A11 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. -IN WITNESS WHEREOP, .The-parties.have executed this agreement in duplicate the day and ear first above written. THE ATCHISON, TOPEKA AND SA'8TA Fl? RA ILt Y COMPANY -- --- _-------«-___— ..... � (Licensor) Approved as to Description: ' I __� Assistant to e 1:4Genral Manager Chief Engineer. 1 s. - CITY'OF OC , Rom► :w ^ + n ; • , f r By--------i .. « ✓ Its.«__• - -_ -— ------_—Sofro l ),�� '`�-,T�17 �,/�y�• J r f � --------------- (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 WATER LINE CROSSI N13� N EAR LUBBOCK, LUBBOCK COUNTY, TE XAS SCALE 1 = 10d A.G.M.-ENGINEERING-AMARILLO. TEXAS No. X-2-762 DATED: SEPTEMBER 16, 1976 •STA. 240 +19 MP 4+2899.0 Ry. Co. Property ine� J 36'I Dia. Cosing Pipe �Q a -To Seagraves To Lubbock o in 1A Ry. Co. Property Line VA L. 16 MAP NO.2 TEXAS PAR. NO.4 DESCRIPTION: 1001 feet of 25.80" 0. D. cast iron water line, bitumious coated, class 150, wall thibkness 0.92, compression joints, with a working pressure of 65 lb. p. s.1. of which 50 ft. is encased in a 36"— 12 gage corrugated galvanized metal pipe, placed IIII Top of casing to base of rail by dry bore only, as shown hereon by red coloring. 12204 OEn