HomeMy WebLinkAboutResolution - 1083 - Street Use License- Texland Petroleum- Paving Improvements Manioca Rd, & Kent St - 04/22/1982\� RESOLUTION 1083 - 4/22/82
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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 Street Use
License Agreement with Texland Petroleum, Inc., 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.
f Passed by the City Council this -99,d day of,
1982.
M41STE"'., MAYOR
ATTEST:
1
elyn Gaffga,City e Mary -Treasurer
APPROVED AS TO CONTENT:
Don J nings, Xty Engineer
APPROVED AS TO FORM:
0� - OM -4 —i' �t
J. Wo Fullingim, Asst. City A rney
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CRENSHAw DuPREE & MILAM
BOOKKEEPER
P; AY rO THE
()IRIDER
19831
$125-0,
DOLLARS
CHECK M VELWERED -CHT ON "&Kb�.a..OVVM ACCQ�N CRENSHAW Dy, PREE: MILAm
BOOKKEEPER
88-437
1113
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RESOLUTION 1083 - 4/22/82
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STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 22nd day of April , 1982, being the
date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and TEXLAND PETROLEUM, INC., Lubbock County, Texas,
hereinafter called "LICENSEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF
LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to
use a portion of dedicated streets to construct and maintain a system of oil
flow pipelines, this license being classified as a subsurface license, and
LICENSEE shall bore under all existing concrete and asphalt paving and drainage
improvements and street and alley appurtenances so as to avoid cutting or
destroying the same and all street and alley crossings shall be cased with
steel casing and such casing shall be vented externally, and such pipelines
shall be constructed of tubular steel and have a minimum cover of at least 40.
inches from the ground surface at the following locations:
TRACT I - PORTION OF KENT STREET
A 10 feet wide portion of Kent Street, 5.0 feet on each side of the
centerline, out of Section 9, and Section 78, Block A, Lubbock County,
Texas, being more particularly described as follows:
Beginning at a point in the North R.O.W. line of Kent Street, for the
beginning point of said centerline description, whence the Southwest
corner of Section 9, Block A bears South 0°03'29" East, 25.0 feet and
North 89°56'31" West, 1306.82 feet;
Thence South 0052'10" East, at 25.0 feet cross the South line of Section
9, and the North line of Section 78, continuing for a total distance of
50.01 feet to a point for the end of this description, whence the North-
west corner of Section 78, Block A bears North 0°03'29" West, 25.0 feet
and North 89°56'31" West, 1307.53 feet.
Containing 500 square feet.
and
TRACT II - PORTION OF MANIOCA ROAD
A 10 feet portion of Manioca Road, 5 feet on each side of the centerline,
in Northridge Addition to the City of Lubbock, out of Section 78, Block
A, Lubbock County, Texas, and the centerline being more particularly
described as follows:
Beginning at a point in the West line of Lot 29, Northridge Addition and
the East R.O.W. line of Manioca Road, for the beginning point of said
centerline description, whence the Southwest corner of Lot 29, Northridge
Addition bears South 32°04'19" West, a chord distance of 102.18 feet;
Thence North 76°02117" West, 53.52 feet to a point, in the West R.O.W.
line of Manioca Road and the West line of Northridge Addition, for the
end of this description.
Containing 535 square feet.
1. The term of this grant shall be for five (5) years from date hereof,
and shall be automatically extended for successive five (5) year terms not to
exceed twenty (20) years in any event unless either party shall give written
notice of termination to the other party sixty (60) days before the expiration
of the first, second, or third five (5) year term as the case may be, and the
City of Lubbock retains the right at its election to cancel and revoke this
license with or without cause upon thirty (30) days notice to LICENSEE. Said
notice shall be deemed properly served if deposited in the post office, postage
paid, addressed to LICENSEE at 3402 Fort Worth National Bank Building, Fort
Worth, Texas 76102, or the last known address of LICENSEE.
Upon expiration or cancellation and revocation of this license by the
CITY OF LUBBOCK or the abandonment of the license by the LICENSEE, the im-
provements that are permitted under this license shall be removed by the
LICENSEE and the property shall be restored to its original condition at no
cost or expense to the CITY OF LUBBOCK. In the event LICENSEE fails or refuses
to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF
LUBBOCK shall enter possession, and remove or cause to be removed such im-
provements and the expense incurred shall be assessed against LICENSEE for
which LICENSEE shall be liable.
2. LICENSEE shall pay to the CITY OF LUBBOCK as a compensation for such
grant the sum of TWO HUNDRED FIFTY AND N0/100 ($250.00) DOLLARS cash in advance
contemporaneously with the acceptance and execution hereof by LICENSEE for the
first five (5) year term of this license, and thereafter such rate of compen-
sation may be changed for each succeeding five (5) year term by the CITY OF
LUBBOCK to a rate of compensation which is based on procedures and policies as
established by the City Council of the CITY OF LUBBOCK based on an appraisal
of the fair market value of such land by the Right of Way Department of the
CITY OF LUBBOCK as applied to the formula for determining such rate estab-
lished by the City Council. If such rate is not changed by the CITY OF LUBBOCK,
the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK
shall notify the LICENSEE of any change in rates in writing ninety (90) days
before the start of the five (5) year term to which such change in rate shall
apply, and if such notification be not timely made then the rate for the pre-
ceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the rerouting or realignment of any public
utility, franchised utility, or sanitary or storm sewer line constructed or to
be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees
to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its
expense of such relocating or rerouting over and -above the expense which would
have been incurred except for LICENSEE'S use herein.
5. This license is not transferable by the LICENSEE without first re-
ceiving the written consent of the City Manager of the CITY OF LUBBOCK.
6. This license is made subject to the condition that should the LI-
CENSEE exercise any right under the license herein granted and prepare or
begin or complete any part of the construction as herein contemplated across
any or all of the above set out property, then and in that event said LI-
CENSEE, his heirs and assigns, will at all times defend, indemnify and otherwise
hold the CITY OF LUBBOCK, its agents, servants, and employees harmless from
any and all claims, demands, actions, causes of action, suits at law or in
equity of whatsoever kind or nature which may grow out of or be related to the
making of this license or the construction or maintenance and use permitted
herein. The CITY OF LUBBOCK, at its option, may require an agreement with any
contractors hired by LICENSEE to perform the construction, repair or maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and
against all claims, liability, cost and expense growing out of the performance
of the work to be done by such contractor. The CITY OF LUBBOCK may further
require such contractor, when engaged in the construction, repair or maintenance
permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable
surety bond, in an amount and in the form satisfactory to the said CITY OF
LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and
conditions contained in said agreement and a certified copy of a policy of
public liability assumed by contractor in said agreement with the CITY OF
LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to
incurring any costs or expenses or the payment of any such claims or demands
in order to give LICENSEE a reasonable opportunity to settle or adjust the
same.
7. LICENSEE agrees and is required to furnish a policy of public liability
and property damage insurance, within limits specified by, and in a form
satisfactory to the City Attorney for the CITY OF LUBBOCK and which names the
CITY OF LUBBOCK as the insured, said policy covering the uses herein granted.
8. All of the covenants and provisions of this license shall be binding
upon and inure to the benefit of the successors, legal representatives, assigns
and the duly authorized agents and contractors of the parties hereto 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 the LICENSEE, its suc-
cessors and assigns, shall be binding upon the CITY OF LUBBOCK without the
consent of the CITY OF LUBBOCK in each instance except as specified in Para-
graph Five (S).
9. LICENSEE, by the acceptance of the uses permitted herein, understands
and agrees that no interest, title or rights of possession are intended or
implied except those expressly set forth herein and LICENSEE waives any and
all claims in and to the public way it is permitted to use hereby and agrees
to give peaceful possession of said property covered herein upon termination
or cancellation of this license.
CITY OF LUBBOCK
BY
B L McAlister, MAYOR
ATTEST:
1`r
Evelynaffga4Ci �..e etary-Treasurer pp
AGREED TO AND ACCEPTED this day of ' cam_._ 1982.
LICENSEE: TEXLAND PETROLEUM, INC.
BY
Schu ir,PRESIDE�NT
APPROVED AS TO CONTENT:
Don J pings ity Engineer
07
APPROVED AS TO FORM:
J. Wor Fullingim, Asst. City Atto ey
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared BILL McALISTER, Mayor, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of the CITY
OF LUBBOCK and as Mayor, for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this= day of
1982.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF %MM4T §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared R. J. SCHUMACHER, President
of Texland Petroleum, Inc., known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, and in the
capacity therein stated as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,-�64C day of e
1982.
Notary Public, Tarrant County, Texas