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HomeMy WebLinkAboutResolution - 007 - Pipe Line License - ATSFRC - Water Lin Crossing, Near Doud, TX - 01_11_1979RESO - 7 JWF:cl 1/11/79 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 as Licensee from the Atchison, Topeka and Santa Fe Railway Company as Licensor for a water line crossing of the right of way of said railway company at MP-6 + 528.5 feet near Doud, Texas, 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 ATTEST: llth day of January 1979. D RK WEST, MAYOR elyn Gaff a, C ty Se et y reasurer APPROVED AS TO FORM: J 64&�4�- rth Fullingim, AssistAht City Attorney APPROVED AS TO CONTENT: Tom Nivens, Right -Of -Way Department Filet Ct 28072 Form IMS Standard (Apprwnd by General Salidtar) PIPE LINE LICENSE THIS LICENSE, Made this_ 2eth _day of- Dee er between_._ THE ATCHISON - TOPEKA_AND _ SANT_ A FE-AILWKAY _"M, , ,--------]Delaware �- corporation (hereinafter called "Licensor"), party of the first part, and THE CITY OF LUBBOCK, TEXAS, a Municipal cos ovation, actinngherein by its Mayor, hereunto duly authorised. (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_---___,--taa--hundr*4- Ur poith -and---- C 25 L _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_DOud,_Lubbock County, Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.____X-2594__ _ , dated--n€c beY Z._ 1978 _ marked "Exhibit A" and made a part hereof. i2. Licensee shall use the . PIPE LINE solely for carryings 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_9—n Hundred Fiftl and No/100ths Dollars ($150.00). 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, 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, 1 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 toss, !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. 1. 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 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 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 P_0 Box 2000L_Lubboch�xa Tes_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 Licensors—___—_: __Di`tision Superintendent _at 900 0. _ otk__Sr.,+_Amar.il o, Te 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 WHEREQF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON� TOPEKA An, SANTA FE RAILWAY COMPANY, _Y (Licensor) i EXHIBIT "A'* TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY DIVISION 5EAGPP*JE5 DISTRICT AND CIT'( OF LUBBOCK, covering cl "oter line, tnotnins NEAR DOL101 LubbocK couwv�j -Tey'k-j SCALE I"= 100'* A.G. M.-ENGINEERING-AMARILLO, TEXAS DATED: Dece—ber ?-I, 1518 6+<,. 322 +085 N.P. ry + s Z8 R,(- Co. Properk-1 q0YO-- i AL c% In -TrcC14 No. X- 2554 I I 1 a 0 r -Ain O 01 "Ic 0 Tel. Lime cc,?%t. To 14- 1 Cc -'T Hip :5-?. pc% T% I co j CARRIER PIPE CASING PIPE CARRIER PIPE CASING PIPE I O.D. OF PIPE 30' LENGTH ON RIW CONTENTS TO BE HANDLED V4 cl + c- r ACTUAL WORKING PRESSURE - - '70 I;2,si_ PIPE MATERIAL TYPE OF JOINT r% a,-,4 SPECIFICATIONS AND GRADE 150 6M A-S-30 COATING Concrete �jc�\.�onizeci WALL THICKNESS I OA4o METHOD OF INSTALLATION 1,!z VENTS, NUMBER SIZE HEIGHT OF VENT ABOVE GROUND SEALS' BOTH ENDS ONE END BURY: BASF OF RAIL TO TOP OF CASING Co FEET INCHES BURY: NATURAL GROUND b FEET G INCHES INSTALLED AS PER C.E.S. 5515 BURY: ROADWAY DITCHES Co FEET Q INCHES PLACED BY DRY BORE ONLY CATHODIC PROTECTION no r) z— TY,PE,SIZE AND SPACING OF INSULATORS OR SUPPORTS R/W MAP NO. STA. MAP NO. I(-) Form 1658 Standard (Approved by General Solicitor) Secretary's No. ___ PIPE LINE LICENSE TO For_----------------------------------------- -----.-__---__--__-----------.-----Station -- Division In effect------------_---_____, 19________ Cancellable on ten days' notice. ------____---_Div. Supt'___-_—_-- Chief Engineer's No. Hall 3 78 4M 9964 (Attach print here)