Loading...
HomeMy WebLinkAboutResolution - 2359 - Stree Use License - Texland Petroleum Inc - Saltwater Disposal Line, N Guava Ave - 06/26/1986HW:da 7��.T����r■Tm Resolution #2359 June 26, 1986 Agenda Item #34 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. Passed by the City Council this 26th day of June , 1986. B. C. McMINN,,AYOR ATTEST: Rane t Boyd, City Secretar AfIPROVED AS TO CONTENT: /jA f w4vv"' , Right -of -Way Agent o APPROVED AS TO FORM: Harold Willard, Assistant Ca -y ,Attorney "CITY -TF IUBBOCK MEMO TO: -Tvm <.Ni vens -Right-of-Way .:Agent -F-ROM: -qRanette -Boyd City --Secretary DATE. .August 22 ,1985 Our permanent 'files are -missing the following documents from your vffi ce: ;Resolution A2357 and Street Use --Licens_e mri th Texas Commerce Bank- -June 26, 1985 -Street-Use License with--Texl and Petroleum ( crude oil pipeline) June .26,1985 Street bse t irtnse -with Texland Petrol-eum (sal -e vatler) ,.June -1986 ft Ranette Boyd City Secretary RB/lib Enclosures Resolution #2359 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 26th day of June 1986, being the date of this Agreement between th CITY OF r LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM, 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 streets to construct and maintain an underground pipeline to transport and dispose of sale water resulting from oil production, this license being classified as a subsurface license, and such pipeline shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following loca- tions: Being the centerline description of a Saltwater Disposal Line in Sections 5 and 6, Block A, T.T. R.R. Co. Survey, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at station 0+00, in Section 5, Block A, whence the Southeast corner of Section 5, Block A bears South 0°10'20" East, 1558.80 feet and East 81.11 feet; THENCE North 0010'20" West, 1643.30 feet to P.I. station 16+43.30; THENCE North 89°49'40" East, 104.75 feet to station 17+48.05, in the East line of a county road (North Guava Avenue), for the end of this description, whence the Southwest corner of Section 6, Block A bears South 89049'40" West, 30.00 feet and South 0017110" East, 3202.35 feet. CONTAINING 105.94 Rods of Right -of -Way. 1. The terrn, 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 LUB13OCK 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 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 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. 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/100 (:250.00) DOLLARS cash in advance contemporaneously with the ti 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 ninety (90) days 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. 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 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 in 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 receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the con- struction 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 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 perfor- mance 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 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. 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. - 2 - � r B. The LICENSEE shall construct and maintain visible markers where the underground pipeline intersects any public riqht-of-way within the City of Lubbock and shall construct and maintain said markers in such a manner and at such locations as required by the City Engineer of the City of Lubbock. 9. 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 sucessors 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 Paragraph Five (5). 10. 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 termi- nation or cancellation of this license. CITY OF LUBBOCK B. C. McMINN, MAYOR ATTEST: Ranette—Boyd , City Secretar _.__._ AGREED TO AND ACCEPTED this 26th day of June 1986. LICEN E: TEXLAND PETROLEUM, INC. & J. SCHUh9AC E- , PRESIDENT AP ,ROV D AS 0 CONTENT: r m Wvefi_—,Right-of-Way Agent APPROVED AS TO FORM: Harold Willard, Assis-tant City Attorney 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 B. C. McMINN, MAYOR, 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 as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expres- sed and in the capacity therein stated. Z4_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30 day of 1986. No ry Public, Lubbock County, Texas - 3 THE STATE OF TEXAS § COUNTY OF Z7Ae ,,V7- § BEFORE ME, the undersigned authority, a Notary Public in and f r s�Co�GTgxas, on this day personally appeared �.��/ , known to me to be the person wh se name is subscribed to the foregoing instrument and acknow- ledged to me that, he executed the same for the purposes and consideration therein expressed and as the act and deed of Texland Petroleum, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1986. Notary ubIic, County, Texas TA"'�gwT - 4 - Resolution #2359-1f STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 26th day of June 1986, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and TEXLAND PETROLEUM, 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 streets to construct and maintain an underground pipeline to transport and dispose of sale water resulting from oil production, this license being classified as a subsurface license, and such pipeline shall be constructed of tubular steel and have a minimum cover of at least 40 inches from the ground surface at the following loca- tions: Being the centerline description of a Saltwater Disposal Line in Sections 5 and 6, Block A, T.T. R.R. Co. Survey, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at station 0+00, in Section 5, Block A, whence the Southeast corner of Section 5, Block A bears South 0°10120" East, 1558.80 feet and East 81.11 feet; THENCE North 0010120" West, 1643.30 feet to P.I. station 16+43.30; THENCE North 89049'40" East, 104.75 feet to station 17+48.05, in the East line of a county road (North Guava Avenue), for the end of this description, whence the Southwest corner of Section 6, Block A bears South 89049140" West, 30.00 feet and South 0017110" East, 3202.35 feet. CONTAINING 105.94 Rods of Right -of -Way. 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 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 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. 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. 2. LICENSEE shall pay to the CITY OF LUBBOCK as compen- sation for such grant the sum of TWO HUNDRED FIFTY AND NO/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 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 ninety (90) days 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. 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 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 in 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 receiving the written consent of the City Manager of the CITY OF LUBBOCK. 6. This license is made subject to the condition that should the LICENSEE exercise any right under the license herein granted and prepare or begin or complete any part of the con- struction 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 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 perfor- mance 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 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. 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. - 2 - 8. The LICENSEE shall construct and maintain visible markers where the underground pipeline intersects any public right-of-way within the City of Lubbock and shall construct and maintain said markers in such a manner and at such locations as required by the City Engineer of the City of Lubbock. 9. 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 sucessors 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 Paragraph Five (5). 10. 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 termi- nation or cancellation of this license. CITY OF LUBBOCK B Y : j7� Cr - B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Secreta y AGREED TO AND ACCEPTED this day of , 1986. LICENSEE: TEXLAND PETROLEUM, INC. APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: Agigezz 2Z:'f=� Harold Willard, Assistant City Attorney 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 B. C. McMINN, MAYOR, 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 as the act and deed of the CITY OF LUBBOCK and as Mayor, for the purposes and consideration therein expres- sed and in the capacity therein stated. GIV UNDER MY HAND AND SEAL OF OFFICE this day of 1986. C� r yy Public, Lubbock County,, Texas 0l(`U/%0" Rsa (s THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for s Couy y, Texas, on this day personally appeared known to me to be the person whose ndme is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of Texland Petroleum, Inc. G yEN UNDER MY HAND AND SEAL OF OFFICE this day of ootay Public, `L�trbfl k- County, Texas - 4 -