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Home My WebLink AboutResolution - 900 - Pipe Line License - ATSFRC - Water Line - 09_10_1981JWF:da RESOLUTION 900 - 9/10/81 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Pipe Line License to be entered into by and between said City (as Licensee) and The Atchison, Topeka and Santa Fe Railway Company (as Licensor) for a 35 inches in diameter pipe line and.110.7 feet in length as per specifications attached to such pipe Lane License Agreement, 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: Evelyn Gaff ga, City e r ary-Treasurer APPROVED AS TO CONTENT: Tom Nivens, Right of Way Agent loth def,,1981. r Z cALIST , MAYOR APPROVED AS TO FORM: - 11 6'v& J� - J. W 7 Fullingim, Assistant Cit Attorney j SANTA FE ORIGINAL RESOLUTION 900 - 9/10/81 Ct 29800 Form IM Standard (ApProred by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 17th day og August 19 81 between THE ATCHTSM.,_ MUZAANTA._FE RAILWAY .COMPANY a __ Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF LUBBOCK, TEXAS, a Municipal corporation, acting herein by its Mayo>i,_bLe -reunto duly authorized (hereinafter, whether one or more, called "licensee"), party of the second park 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 hUrr1 ed ten point seven (110.7) feet in length and __(,3.5.) __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____.Lub);ock _ Lubbock .-coull"a Texas , _ -- the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.__x'5892_ , dated —August, 13?___ ,1281_ _ _ , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying ____w-ate ---- 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___O ie Hundred Fifty and No/100ths Dollars (5150.00). 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 pans 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. 6. 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 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 B2 200Q._I+ub. ock.. Xas U-457 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 ____._._ _X3r1.5io._S.uP_ ri nt.s-ndenn at 9-00—South Polk St.,Amarillo. 3�c 7917j . 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 WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. 1HR ATS:iiI1i0N_TOP .xA AM SANTA F . RAILWAY COMPANY (Licensor) Approved as to Description: By. - ts ____..Ass1.ataant to Gen -al Managpr Chief Engineer. CTTY OF .T. S /21 Its Mayor (Licensee) Descri tion Approved - For AGM -Engineering Western Lines EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY PLWA13 DIVISION CROSSYTOW DISTRICT AND CirY OF LUBBOCK COVER144F A WATER L/NE CROSS/NCB• LtlBBoc&y •LU,6BOCK CoaNry, hems SCALE 1"=/00' A.G.M.-ENGINEERING-AMARILLO. TEXAS DATED: xz/gz/Sr /3, /98/ 66-�� Ya/ve & CoLine --4--ro Lubboc,E � tV Pace/ N'.3 IPy CO. ,Rr10,0erfy Line I mi/e to sh&) —oPPyw/ye i o ¢1 �° 6b Sfa 2o5fo5• '44:yC/ 9- NO.x-5892 To ovsb, yto n --o.-4 �o CARRttR PIPE CASING PIPE CARRIER PIPE CASING PIPE )F PIPE 35~ 4p LENGTH ON R/W //O.T - '�----- 'NTS TO BE HANDLED ly_,4er ACTUAL WORKING PRESSURE 430 E.S. L {' AATERIAL pe,/7. _e&crPf C. Jlf .4 TYPE OF JOINT ICATlONS AND GRADE .C✓eaa /.46P COATING HICKNESS _?•Qd•.Q IaSMETHOD OF INSTALLATION 7>'0 NUMBER 4�IA SIZE HEIGHT OF VENT ABOVE GROUND - BOTH ENDS 4&2 ONE ENO iASE OF RAIL TO TOP OF CASING Q FEET Q_ INCHES ATURAL GROUND 7 FEET _Q_ INCHES INSTALLED AS PER C.E.S. 5515 )ADWAY DITCHES ¢_ FEET _ P INCHES PLACED BY DRY BORE ONLY "ROTECTION A/nt7&_ 4NO SPLICING OF INSULATORS OR SUPPORTS 1IZ200 STA. MAP NO