HomeMy WebLinkAboutResolution - 1237 - Street & Alley Use License -Texland Petroleum - Salt Water Pipline - 10/21/1982HW: da
RESOLUTION
RESOLUTION 1237 - 10/21/82
Olen Horne #1
: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 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
if fully copied herein in detail.
i
Passed by the City Council this 21st day of 0 e ,1982.
i
t
L McALISTER, MAYOR
!ATTEST: _
Evelyn Gaffga,-City�a
a ry-Treasurer
APPROVED AS TO CONTE
Don J nings, ity Engineer
APPROVED AS TO FORM:
:Harold Willard, Asst. City Attorney
OC�
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION 1237 - 10/21/82
Olen Horne #1
i Ckr'PFTARV
This indenture made this 21St 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 to:_transport-and dispose of salt 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 locations:
Field. -.Notes on a 10.0 feet pipeline easement, 5.0 feet on each side
of the centerline, out of Section 11, Block A, and Section 1, Block D-4,
Lubbock County, Texas and the centerline being more particularly described
as follows:
Beginning at a 3/8" iron rod set in the South R.O.W. line of Kent Street,
whence the Northeast corner of Section 11, Block A bears North 0004105"
West, 35.0 feet and South 89°55130" East, 808.26 feet;
Thence North 0°04105" West at 35.0 feet cross the North line of Section
11, Block A and the South line of Section 1, Block D-4, at 40.0 feet
cross the centerline of Kent Street, continuing for a total distance of
80.0 feet to a 3/8" iron rod set in the North R.O.W_ liiie..of.Kent'.Street'.
for the end of this description, whence the Northeast corner of Section
11, Block A bears South 004105" East, 45.0 feet and South 89055130"
East, 808.26 feet;
Containing 800 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
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 towhich 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 orfranchised 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 andabove 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 LICENSEE
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 LICENSEE, 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 contrac-
tor, 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 liab lity assumed
by contractor in said agreement with the CITY OF LUBBOCK. The CIry OF LUBBOCK
Agrees to give notice to LICENSEE ';prior to incurring any costs or expenses or
the payment of any such claims ordemands in order to give LICENSE a reason-
able 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. 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 andmaintain 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 contractorsof the parties hereto to the
sante 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 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 termination
or cancellation of this license.
CITY OF LUB K
Bx
B McAlister, MAYOR
ATTEST:
E elyn Ga ga, city StkV_Treasurer
AGREED TO AND ACCEPTED this 4th day of November , 1982.
APPROVED AS TO CONTENT:
Don Je ings, ty Engineer
APPROVED AS TO FORM:
Harold Willard, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
§
LICENSEE: TEXLAND PETROLEUM, INC.
Y
Schu er, PRESIDENT
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 OVday of ,
1982.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF ,TARRANT §
BEFORE ME,, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared.R. J. SCHUMACHER, President
known tQ me to be the person whose name is subscribed to the foregoing in-
strument 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
,V -MY HAND AND SEAT, QF OFFICE this 4th day of November
1982. _
`'} Nota Pu :c, Tarrant County, Texas
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