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HomeMy WebLinkAboutResolution - 082478N - Pipe Line License- Atchisontopekasanta Ferailwayco - Waterline Crossing Burristx - 08/24/1978JwF . ;~b RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 0 THAT the Mayor of the City of Lubbock Be and is hereby authorize and directed to execute for and on behalf of the City of Lubbock a "Pipe.Line License" with the ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY for a water line crossing at MP679 + 32.1 feet at Burris, Texa , attached herewith which shall be spread upon the minutes of the Counci 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 24thday of August _ 1978. DIRK WEST, MAYOR AT EST: Evelyn Gaffga, Uity ecre ary-Treasurer APPROVED AS TO FORM: '16'.. 4-o-� :�� Ross, Jr., City Attorney R E S O L U T I O N BE IT KNOWN that on this the 24th day of August 19 78 at a regular meeting of the governing body of the City of Lubbock , Texas , there came on to be considered the matter of the axe- cution of a license between the said City of Lubbock , Texas , and The Atchison, Topeka and Santa Fe Railway Company, relating to construction of one pipe line 155' in length and 4.80" in diameter at or near the station. of Burris, Lubbock County, Texas, No. X2323, as shown by red coloring upon the print attached to Pipe • Line LIcens , or the purpose of carrying water. RRxnA x x� cf� • whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Dirk West , Mayor, be authorized and empowered to execute on behalf of the City of Lubbock Texas , such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. - - - - - - - - - - - - - - - + - - STATE OF Texas ) COUNTY OF Lubbock ) I, EVELYN GAFFGA , City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on Aucrust 24 , 19 78 , as the same appears of record in Boob. 37 , Page , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of Said City this 24th day of &uaust 19 78 ity Secret (SEAL) y -� `7� Ct-27828 x' Form 1658 standard (Approved by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 7th day of._ August , 191$ between- _THE _A=iISpAt, _ A-_-RAItWAX-CMARY a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CIT�_4r_L$4CT &{ a_M;anirl .orboration,, acting herein by its --3mrs y-oozed (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—, one himdred-#A lry five (15.5�_feet- 4A.10 ). 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_Hurrigg- Lubbock C iunty. Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No._._X-2323___ , daAns:ust 2_*__ 197 marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying — water and shall not use it to carry any other commodity or for any other purpose whatsoever. S. Licensee shall pay Licensor as . compensation for this license the sum of_ ae_x and -d Fifty And o/1-00ths - - - - - - - - (>$150,00) - - - - - - Donn � A - - - - - - - 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 nd 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 substanees'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 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. - S. 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 1n any man- ner from the construction, maintenance, use, state or repair, or presence "of the PIPE LINE, including any such loss, damage or expense arisingg 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 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,. uponde- 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 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 ate Sum494, Lubbock Tex_a8 7 b57 �_ _�_ _ Any notice to be given hereunder by Licensee to Licensor shallbe deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licensor's-ki—mi-AUm- $uparintendent At 206 _.SDmtk_Wk.6trg%er Amar:Mo.,:_Texaa 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. 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. IN' WITNESS W AEREOP, The parties have executed this agreement in duplicate the day and year first above written. THE ATCRISON. TCPI D A A (Licensor) Approved as to Description, [aG2 B .; Its ---Awl a ral. taga�� _— Chief Engineer. b CITY. LUl3BOCK, BY Approved as to form: Its Mayor C/ Jon C. Ross, Jr.,\AZIty AtUorney F (Licensee) a` �..a CZ 27 B76 EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLAIM5 DIVISION r-OURTH DISTRICT .i ' AND CITY of Lul�)Q r- TU,AS CovERIIJG WATER LIME CR4S5IWCr AT L3U2(ZIS LU1�D�JCK CDU�sTY TEXI�S SCALE I IOQ� A.G.M.-ENGINEERING-AMARILLO, TEXAS No. X-2-325 U DATED: hIIC'.J�T 2.,19�g . �ROPERTY LIVE f , 90,30'C STA.Ioz9, t bt., �, o e°44 d 1 *4680 - 0 •° .(c 74 �. MAIN L ��• _ r" .� lower.line conl 1ST3*7_ to-W4?E2 Lisic Cour. I 58L ,r 9°30rC FRoPERTY LINO -.— To T Exi<co la SLA'T�N-�► v_6 � MAP -3 1 ` PAR. Z CARRIER PIPE CASING PIPE CARRIER PIPE CASING PIPE O.D. pF!PIPE to 4 •BD" I? - LENGTH ON R/W 15!� I CONTENTS TO BE HANDLED WATER ACTUAL WORKING PRESSURE _ 65 PSI PIPE MATERIAL cma IftOAI of 31 TYPE OF JOINT aELL EcSPIGOT BnNOS SPECIFICATIONS AND GRADE _ I50 COATING LR�TUMINL� '— WALL THICKNESS Z Gb: r METHOD OF INSTALLATION `' Di�Y (iom VENTS: NUMBER 0 SIZE HEIGHT OF VENT ABOVE GROUND ..... ...•� . ,' SEALS II BOTH ENDS !Z ONE END BURY': BASE OF RAIL TO TOP OF CASING FEET O INCHES BURYt NATURAL GROUND —!p- FEET -0 INCHES INSTALLED AS PER C.E.S. 5515 BURY: ROADWAY DITCHES FEET �� INCHES PLACED BY DRY BORE ONLY CATHODIC PROTECTION. TYPE,SIZE AND SPACING'OF INSULATORS OR SUPPORTS- R/W MAP NO. STA.-MAP NO.