HomeMy WebLinkAboutResolution - 1230 - Street & Alley Use License -Texland Petroleum - Pilpline, Sec 9 Block A - 10/14/1982I HW: da
RESOLUTION
RESOLUTlO�'- 0 9 10/14/82
(Lucille #) well site)
IBE 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 and
Alley 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
cif fully copied herein in detail.
Passed by the City Council this 14th day of er 1982.
ILL ITAL19TER, MAYOR
ATTEST:
E elyn Gaff a, C ty Secr toOelr4
asurer
APPROVED AS TO CONTENT:
Don J ings, ty Engineer
APPROVED AS TO FORM:
_` 4wLargrL1nr � 44 p R d
Harold Willard, Asst. City Attorney
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION 12:30 - 10/14/82
(Lucille #1 well site)
(,,TY CFrP TAR 6iic_.=,51.i,. R
This indenture made this 14th day of October , 1982, being the
date of this Agreement, between the CITY OF LUBBOCK, TEXAS, a Home Rule Muni-
cipal Corporation, and TEXLAND PETROLEUM, INC., Lubbock County, Texas, herein-
after 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 for transporting oil to storage, 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 pipeline shall be constructed of tubular steel and have a minimum
cover of at least 40 inches from the ground surface at the following locations:
Field Notes on a 10.0 feet pipeline easement 5.0 feet on each side of the
centerline out of Lucille Addition to the City of Lubbock, out of Section
9, Block A, Lubbock County, Texas and the centerline being more parti-
cularly described as follows:
Beginning at a point in the West line of Lot 6, Lucille Addition at
centerline station 0+67.5, from whence the Northwest corner of Lot 6,
Lucille Addition bears North, 15.2 feet;
Thence West, 4.0 feet to a 3/8" iron rod set for centerline P.I. station
0+71.5;
Thence South 4.O feet West of and parallel to the East line of North
Avenue E, a distance of 68.8 feet to a 3/8" iron rod set at centerline
P.I. station 1+40.3;
Thence West across North Avenue E and along the centerline of Newcomb
Street, a distance of 476.26 feet to a 3/8" iron rod set 13.1 feet West
and 28.0 feet North of a 1" iron pipe found at the Northwest corner of
Lot 20, Lucille Addition, said 3/8"iron rod being at centerline P.I.
station 6+16.56;
Thence South, 13.1 feet West of and parallel to the East line of Mesa
Road, a distance of 830.78 feet to a 3/8" iron rod set at centerline
station 14+47.34 for the end of this description, whence the Southwest
corner of Lot 20, Lucille Addition bears East, 13.1 feet and North 624.78
feet.
Containing 13,798.4 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.
i t �
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 FOUR HUNDRED FIFTY-FIVE AND NO/100 ($455.00) DOLLARS cash in
advance contemporaneously with the acceptance and execution hereof by LICENSEE
for the first five (5) year term of this license, and thereafter such rate of
compensation may be changed for each succeeding five (5) year term by the CITY
OF LUBBOCK to a rate of compensation which is based on procedures and policies
as established by the City Council of the CITY OF LUBBOCK based on an appraisal
of the fair market value of such land by the Right of Way Department of the
CITY OF LUBBOCK as applied to the formula for determining such rate established
by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the
rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK
shall notify the LICENSEE of any change in rates in writing ninety (90) days
before the start of the five (5) year term to which such change in rate shall
Apply, and if such notification be not tamely made then the rate for the pre-
ceding five (5) year term shall apply.
3. The LICENSEE agrees to pay all costs arising out of the exercise of
this license herein granted, including but not limited to the replacement and
repairing of paving, sidewalks and utilities of any nature occasioned by the
construction as authorized by this license.
4. In the event.the CITY OF LUBBOCK determines that the existence of
such use interferes with or causes the rerouting or realignment of any public
utility, franchised utility, or sanitary or storm sewer line constructed or to
be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees
to reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its
expense of such relocating or rerouting over and above the expense which would
have been incurred except for LICENSEES use herein.
5. This license is not transferable by the LICENSEE without first re-
ceiving the written consent of the City 'Manager of the CITY OF.LUBBOCK.
6. This license is made subject to the condition that should the LI
CEN$EE exercise any fright 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 other-
wise 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 per-
mitted 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 satis-
.factpry.to the paid CITY QF 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 lia-
bility 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, as-
signs 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 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 (5).
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 LU CK
BY
LL *Alister, MAYOR
ATTEST:
Evelyn G ffga, Citf Ketary-Treasurer
AGREED TO AND ACCEPTED thisday of LJ�--� tJS[_ , 1982 .
LICENSEE: TEXLAND PETROLEUM, INC.
6'Y
R. ch , PRESIDENT
APPROVED AS TO CONTENT:
Don J pings City Engineer
APPROVED AS TO FORM:
94axb C_ FYI _. QmjtjrL
Harold Willard, Asst. 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 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 � v day of
Notary -Public, Lubbock County, _Texas
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 R. J. SCHUMACHER, President
known to me to be the person whose name is subscribed to the foregoing in-
strument and acknowledged to the 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 027 day of
1982.
NotaO Public, County,
Texas
' tF
PLAT SNOWING CENTERLINE OF 10 FEET PIPELINE EA,5EMENT
OUT OF LUC I LLE A,DD IT ION TO ?NE CITY OF LUBBOCIC , OUT O F
SECTION °7', BLOGC,A LU550CV COUNTY , 7EYA5
201 ALLEY
CERTIFIED CORRKT:
a
'=CALF-: I °= I00
SEPT 15,11)62
O z-15FT 3/b4120D
MARLBORO 5T
) N. WiLSoN
QEG 15-rF-QED PU5L.IC, SUP-VEYo2
WILSOKI SUQVEYI NG Co., INC.
III(- AVENUE M
LU5BCX-- k , TEKA5
(604) - 7(03.33bb
�t3. lLl , R2
t ICoyL1°1
Bond # 18-0130-10240-82-0
Cj
/4/
GENUAL CWrL0LCrO9'S CWLLANCL BOND
STATS Of TEXAS i
WIN= of LUSWCK i Texland Petroleum Tnc., oc.f��h�t•��xh;p�. �1�
Address Pboas N
Fort Worth, Texas 16102
TO
C1TT OF LL'BBOCX
KNOW Au KEN,AY JUSE PRESENTS, that Texland Petroleum, Inc. . hereinafter called the Principal,
as Principal. and Unl . hereinafter called the Surety. as Surety, are
held and firmly bound in the amount of five Tbousand Dollars 0Y.000-00) unto the City of Lubbock, the ower of
the property upon which work is performed, say person, firs or corporation with whom the Principal has contracted
either orally or in writing. to perform building construction. alteration.repair or other Work, and any person
who say be damaged or injured by the Principal's failure to comply via the regulations, ovdlnsaces and building
Code of the City of Lubbock. for the payment whereof, the said Principal and Surety bind themselves and their
heirs. administrators, executors. successors and assigns, jointly and severally, firmly by these presents.
NOW YNEREFORE, the Condition of this ObILSatica is such that it the Principal shall perform all work contracted
for in compliance with all regulations, ordinances sad the Building Code established or to be established by
the City of Lubbock. and shall remedy all defects due to fallucc to comply with said regulations, ordinances and
Building Code. without cost to the injured person, firm or corporation. then thisobligation shall be void; other-
vlse to remain In full force and effect.
Written notice of any nan-cospllance with Codes or regulations and the probable amount to correct it shall be given.
to the Surety within thirty (30) days atter its discovery, and in so event later than ninety (90) days after final
laspectton os abandonment of the Work by said Coattattor•
Liability for future acts or omissions in violation of applicable codes or regulations may be terminated by the
Surety herein by giving thirty (10) days notice in vritiag to the Buildlsg Official for the City of Lubbock. ,
and the liability of Surety shall cases at the expiration of Said thirty (30) days. provided however said Surety
shall be liable for 911 acts or omissions by said Principal covered by this bond up to and including the day of
expiration of said thirty (30) days notice. Surety shall give notice in YritinS to the City of Lubbock within
thirty (30) days of any claim tiled against this bond.
This bond expires at midnight of September 20 19. 8 4 .
I 4• css ` ret
ereof, the said, acipal sad Surety have signed and sealed this instrument this ..2 0 t U&y of
�p em
e_ r 19
I! Texland P trnlpltm Tnr
Succtr Principal '
.t=: BY:
T1 la Attorney-in-fact Iftle W. E. Rector, Vice—Pres.
T1cic
The :mdescigned our Sty company represents that it is duly qualified to do business In Texas, and hereby designates
KaStman R ca i uhbocr, Tera as agent resident in Lubbock County to woos any requisite
moticea may be deliveredos whoa ssry o as f P may be had in matters arising out of such suretyship.
United statprz F;de3jtsTA guar �, Co:
• Surety 'T
Title:ttarney-in-fact
it the above bond to signed by an officer of the Surety Company, there must be furnished to the City a certified
attract from the by -Las of said Company establishing that this parson has authority to sign such obligation. if
signed by an Attorney -in -Fact, a certified copy of the Power of Actorney.must be provided to the Building official
of the City.
Approved this day of • 19'
Approved As To Foam:
Assistant City Attorney
Approved
Building Official
Agency Carson, Luebbehusen & Burk, Inc.
Address 1525 Oi 1 & Gas Bui ldi nq
I Vr t nUt'Lf10 lex
Phone No. f317-iiFi-ZQ49
Bond No.
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No ........ 9.9 T.T. 9 .....................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Bill R. Burk
of the City of Fort Worth , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and .the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Bill R. Burk
may lawfully do in the premises by virtue of these present&
In Witness Whereo% the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal. duly attested by the signatures of its, Vice -President and Assistant Secretary, this 25t h day of
July . A. D. 19 80
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) St.C)i.ax:1.m.W,..AoAm.q .........................
Vice -President.
(SEAT:)
jSigned) dames...t..$,.;r.esheim.....................
Assistant Secretary.
STATE OF MARYLAND,
as:
BALTIMORE CITY.
On this 25th da of July , A. D. 1980, before me personally came
Charles W. 130 O n e , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and James T. B e r e s h e i m , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Charles W. Boone
and James T. B e r e s h e i m were respectively the Vice -President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President
and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19B2....
(SEAT:) (Signed) ..Margaret„M. Hurst,. .... . .
Notary Public.
STATE OF MARYLAND 1
Sct.
j
BALTIMORE CITY,
I, William Allen , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst . Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and swam and authorized by law to administer oaths and take
acknowledgments, or proof of. deeds to he recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 25th day of July , A. D. 19 8 0
(SEAL) (Signed) ... W41lie-A1..Allo.4....................................
Clerk of the Superior Court of Baltimore City.
FS 3 (6-77)
.4r
t , 1 ..
CRENSHAW, DUPREE & MILAM
ATTORNEYS AT LAW
FIRST NATIONAL BANK BUILDING (806) 762-5281
P. O. BOX 1499
W C BRATCHER, P.C. LUBBOCK. TEXAS 79401 79408
November 2, 1982
Mrs. Evelyn Gaffga
City Secretary
CITY OF LUBBOCK
P. o. Box 2000
Lubbock, Texas 79457
RE: Street use license - Lucille No. 1
and H. A. Sessions Nos. 1 and 2
Dear Mrs. Gaffga:
Enclosed find Resolutions which you previously forwarded and
which have been executed by my client. We have retained a
copy of each of these permits for our file.
Resolution 1229, dated October 14, 1982, is designated as Red
Raider No. 1 well site; however, it should be designated as
H. A. Sessions Nos. 1 and 2 and all of the descriptive informa-
tion as well as the plat attached refers to H. A. Sessions Nos.
1 and 2. Designating Resolution 1229 as H. A. Sessions 1 and 2
will not necessitate any changes in either the legal description
or the plat attached since both refer to and have always referred
to the H. A. Sessions 1 and 2. If you have any questions, please
advise.
With kindest personal regards, we are
Yours very truly,
CRENS Aer ILAM
C Br
nw
encls.lip
avy,
NOV 3 1982 .
clrr 4CRErARY
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of'Canada and in the Colony of Newfoundland.
Therefore „6e it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance'i policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, anti
Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board,
body, 'organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything 'orany conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
I, Theodore G. Parks
an Assistant Secretary of the UNITED STATES FIDELITY AND
Theodore
GUARANTY' COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Bill R. Burk
Of Fort Worth, Texas , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony- Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on
(Date)
� �7 •� p A
....
..............................:.........Assistant Secretary.
w