HomeMy WebLinkAboutResolution - 2441 - Agreement - Burlington Northern Railroad - Ditch Excavation, Mile Post L-356.0 - 10/07/1986JWF:dw
RESOLUTM
Resolution #2441
October 7, 1986
Agenda Item #16
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, an
agreement between the City of Lubbock and Burlington Northern Railroad
for the excavation of a drainage ditch along railway right-of-way from
Mile Post L-356.0 northeasterly along the west right-of-way of said
railroad a distance of 1800 feet in the City of Lubbock, Lubbock County,
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 part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 7th day of October , 1986.
B. C. MCMINN, MAYOR
ATTEST:
Randtte Boyd, City Secretary
APPROVED AS TO CONTENT:
f
Larry V.ininiv for of
Trans 1tion1t
' APPROVED AS TO FORM:
J. o th Fullingim, Assistant
Ci Attorney
Resolution #2441
f RIGHT OF ENTRY PERMIT UNGTON NOR
A"NORTTHERNHERN
RARROAD
BURLINGTON NORTHERN RAILROAD COMPANY
SALES AND PROPERTY MANAGEMENT
3300 CONTINENTAL PLAZA
777 MAIN STREET
FT. WORTH, TEXAS 76102
Subject to the terms and conditons hereinafter set forth, permission is hereby granted to
hereinafter called "Permittee," to enter upon the premises of Burlington Northern Railroad Company,
hereinafter called "Railway Company," located at Lubbock, Texas , shown outlined red
on the attached exhibit dated September 19, 1986 , for the purpose of
aitch excavation on railroad right-of-way located from Mile Post L-356.0
Northeasterly along the West ROW of the Railroad a distance of 1800 feet.
The permission hereby granted is subject to:
1. Existing leases, licenses and permits heretofore granted by Railway Company or its predecessors in
interest affecting the said premises.
2. Cancellation effective March 31 1987 , or at any time prior thereto on five (5)
days' written notice by either party hereto given one to the other.
3. All work performed on the premises shall be done in a good and workmanlike manner so as not to interfere
with the tracks, operation of trains, communications and other facilities of Railway Company.
4. If Railway Company's Division Superintendent determines that it will be necessary
to furnish a flagman during the survey or soil boring operations, Permittee agrees to reimburse Railway
Company for the expense of flagging incurred by Railway Company.
5. No holes are to be drilled within 20 feet of any trackage.
6. All holes or depressions left in said premises shall be filled and leveled by Permittee in a manner
satisfactory to the Railway Company's Division Superintendent, G. W. Williams ,
located at 4200 Deen Rd., Ft. Worth, Texas, phone 817-878-7263
7. If it is necessary to remove any right of way fences to facilitate the making of a survey or soil borings, they
shall be removed and restored by Railway Company forces, all at the expense of Permittee, upon request
made by Permittee.
8. Permittee shall assume all liability for and indemnify and save harmless Railway Company from any and all
claims, suits, losses, damages or expenses, whether contributed to by the negligence of Railway Company, its
agents or employees, or otherwise, on account of injuries to or death of any and all persons whomsoever,
including but not limited to the Permittee, employees and agents of Permittee, its contractors, subcontractors,
employees of the contractors, employees of the subcontracors and employees of Railway Company, and on
account of any and all loss or destruction of or damage to property to whomsoever belonging, including
property owned by, rented to, or in the care, custody or control of the Railway Company, Permittee, its
contractors, subcontractors and of their respective employees and agents, arising or growing out of or in any
manner connected with or caused or occasioned, in whole or in part, by reason of or arising during the
presence of the person or of the property of Permittee, its employees or agents, its contractors or
subcontractors and their respective employees and agents, upon or in proximity to the property of Railway
Company or while going to or departing from the same under the authority granted by this permit. Permittee
further agrees, at its expense, in the name and on behalf of Railway Company, that it shall adjust and settle all
claims made against Railway Company and shall appear and defend any suits or actions at law or in equity
brought against Railway Company on any claim or cause of action arising or growing out of or in any manner
connected with any liability assumed by Permittee under this permit for which Railway Company is liable or is
alleged to be liable. Railway Company shall give to Permittee notice in writing of the receipt or pendency of
such claims and thereupon Permittee shall proceed to adjust and handle to a conclusion such claims, and in
the event of a suit.being brought against Railway Company, Railway Company shall forward summons and
complaint or other process in connection therewith to Permittee, and Permittee shall defend, adjust or settle
such suits and protect, indemnify and save harmless Railway Company from and against all damages,
judgments, decrees, attorney's fees, costs and expenses growing out of or resulting from or incident to any
such claims or suits.
9. Five (5) days' advance notice of intention to enter upon Railway Company's premises for the performance
of activities permitted hereunder shall be given by Permittee to said Division Superintendent.
10. The location and log of any borings or survey made on said property shall be kept by Permittee or its
contractor and a copy thereof furnished to Railway Company.
Enclosed are two copies of this permit. If the terms and conditions are acceptable, please arrange for
execution of both copies in the space provided below by a representative of your organization having authority
to execute the same and return one copy to me.
BURLINGTON NORTHERN RAILROAD COMPANY
E �
By: _---
ision Superintendent
Date: Sept. 19, 1986
The above terms and conditions are hereby accepted
and agreed to.
c,
c inn, mayor
Title: City of Lubbock
Date: October 7, 1936
Attachments Exhibit "A"
File Lubbock: City of: Permit
ATTEST:
Ranette Boyd, City Secretary
A
-S TO NTN .
f tion
APPROVED AS TO FORM:
4ClitAttorney h Fullinaim, Assistant
FORM 6003811-85 Printed In U.S.A.
86
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