HomeMy WebLinkAboutResolution - 5254 - Street Use License - Plains Cooperative Oil Mill Inc - Section 1 Block B - 09/10/1996RESOLUTION NO.5254
September 10, 1996
Item X613
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 with Plains Cooperative
Oil Mill, Inc., attached hereto and 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 10th day of September . 1996.
ATTEST:
Marold Willard, Interim City Secr tary
APPROVED AS TO CONTENT:
4%&
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
arold Wil aid, Assistant City orney
HW:jS/SUL-PCOM.RES
ccdocs/July 29, 1996
Alex "Ty"'oke. MM 'P,May=r Pro Tem
RESOLUTION N0. 5254
September 10,1996
Item #13
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
This indenture made this in th day of September , 1996, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and PLAINS COOPERATIVE OIL AULL, INC., 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
street for a railroad crossing, to -wit:
BEGINNING at a point at the Southwest comer of Section 1, Block B;
THENCE N. 00001'20" E., a distance of 1411.52 feet to a point;
THENCE N. 76°24'13" W., a distance of 6.99 feet to a point;
THENCE around a curve to the right through a central angle of 10°07'08" an arc
distance of 107.23 feet, a radius of 607.15 feet and a chord bearing of N.
18039'21" E. with a distance of 107.09 feet to a point;
THENCE S. 66°51'03" E., a distance of 9.00 feet to a point;
THENCE around a curve to the left through a central angle of 10°07'38" an are
distance of 105.73 feet, a radius of 598.15 feet and a chord bearing of S. 18039'36"
W. with a distance of 105.59 feet to a point;
THENCE N. 76024'13" W., a distance of 2.01 feet to the POINT OF
BEGINNING.
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 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 notice to LICENSEE. Said notice shall be deemed properly served if deposited in
the post office, postage paid, addressed to LICENSEE at P. O. Boz 841, Lubbock, Texas
79408, or the last known address of LICENSEE.
Upon the expiration or cancellation and revocation of this license by the CITY OF
LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements 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. However,
upon mutual consent of the CITY OF LUBBOCK and LICENSEE, the improvements will be left
in place rather than removed after expiration, cancellation or abandonment of this license. In the
event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against LICENSEE, for which
LICENSEE shall be liable.
1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant
the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) 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 compensation 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
established 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 before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made, then the rate for the
preceding five (5) year term shall apply.
2. The LICENSEE agrees to pay all costs arising out of the exercise of this license
herein granted including, but not limited to, the cost of cleanup of any oil, hazardous substance,
or other material, the replacement and repair of paving, sidewalks and. utilities of any nature
damaged as a result of the construction authorized by the license.
3. In the event the CITY OF LUBBOCK determines that the license herein granted
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 in relocating or rerouting over and above the expense which
would have been incurred except for LICENSEE'S use herein.
4. This license is not transferable by the LICENSEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This license is made subject to the condition that should the LICENSEE exercise
any right under this license and prepare or begin or complete any part of the construction as
herein contemplated across any or all of the above described property, then and in that event said
LICENSEE, its successors 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 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 contractors. The
CITY OF LUBBOCK may further require any of said contractors, 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 a 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 insurance
assumed by said contractors 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.
6. 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.
7. Prior to any construction as authorized by this license, the LICENSEE shall
submit to the City Engineer plans and specifications for the construction to be done, and the
LICENSEE shall not commence construction until such plans and specifications are approved by
the City Engineer.
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
successors or assigns shall be binding upon the CITY OF LUBBOCK without the consent of the
CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
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 LUB O
BY:
)�Ac3t�cRx 'l;�i�c3�#i�
ATTEST: Alex "Ty" Cooke, Mayor Pro Tem
Z'
Har`o illar , terun City Secre
APPROVED AS TO CONTENT:
Ed Bucy, Right of -WW Agent
APPROVED AS TO FORM:
f1drold Willaid, Assistant City Attorney
STREET USE LICENSE
AGREED TO AND ACCEPTED this 10th day of September. , 1996.
PLAINS COOPERATIVE OIL MILL, INC.
,11
BY:
WAYNE , GENERAL MANAGER
THE STATE OF TEXAS
COUNTY OF LUBBOCK § Al*' Ty `r Coolce, hoyv Pio T"e,•,-.
BEFORE ME, the undersigned authority/a Notary Public in and for said County, Texas,
on this day personally appeared ;known to me to be the person whose
name is subscribed 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 the CITY OF LUBBOCK and as its MAYOR.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this t I Y" day of
�,na,�•Mtoarr , 1996.
ltittititi1�1ti11titi1ti���ti��titiv1
1
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Notary Public in and f r the State of Texas
My Commission Expires: 1a , e - cm
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared WAYNE MARTIN, known to me to be the person whose name
is subscribed 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 PLAINS COOPERATIVE OIL MILL, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this qlk�5- day of
Y• LISA BUXTON
* Notary Pubtic, State of Texas
My COMW"10n Expires 02.21.2000
HW:js1SUL-PC0M.D0C
D7-Deeds,Esmtc/Ju1y 30, 1996
1996.
0
Notary Public in and for the State of Texas
My Commission Expires: Aj&."
STREET USE LICENSE