HomeMy WebLinkAboutResolution - 1238 - Street & Alley Use License-Texland Petroleum- Salt Water Pipline, Sec 78 Block A - 10/21/1982IHW:da
RESOLUTION
RESOLUTION 1238 - 10/2 /82
O' Ha i r #2
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
if fully copied herein in detail.
Passed by the City Council this 21St ;L:L
of Oc obef 1982.
r
McALTSTER, MAYOR
ATTEST:
Evelyn Ga £ga, City ere y-Treas
APPROVED AS TO CONTENT:
Don Jeofings, C&Ey Engineer
APPROVED AS TO FORM:
Harold Willard, Asst. City Attorney
61
STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
RESOLUTION 1238
O' Na i r #2
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:
A 10.0 feet pipeline easement 5.0 feet on each side of the centerline
out of Valley 'VIew Addition to the City of Lubbock, out of Section 78,
Block A, Lubbock County, Texas and the centerline being more particularly
described as follows:
Beginning at a 3/8" iron rod set in the Northerly line of Block 7, Valley
View Addition whence the Northwest P.J. Corner of; Block 7 bears North
0023'00" West, 15.59 feet and South 89"37100" West, 3.40 feet;
Thence North 0023'00"_ West at 50.59 feet pass the North line of Valley
View Addition and continuing for a total distance of 70.59 feet to a
3/8" iron rod set in the North line of Yucca: Lane, for the end of this
description.
Containing 705.9 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 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 estab-
lished 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 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 or franchised utility, LICENSEE agrees to
reimburse the CITY OF LUBBOCK, or such utility, as the case may be, for its
expense of suchrelocatingor 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 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 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 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`.andmaintain_ 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 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 LU C
r
BY
BILL McAlister, MAYOR
ATTEST:
E elyn Ga fga, City "Vary -Treasurer
AGREED TO AND ACCEPTED this 4th day,of Noveinber , 1982.
LICENSEE: TEXLAND PETROLEUM, INC.
APPROVED AS TO CONTENT:
Z0,2,
Don Je
#nings,,^ty Engineer
APPROVED AS TO FORM:
WW -U"- W4W n_rl
Harold Willard, Asst. City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
!jR.;;S
acher, 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 $EAL OF OFFICE this --{ da of
1982. . v � y
No hry Public, Lubbock County, Texas
THE STATE OE TEXAS -
COUNTY OF
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 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 'UNDER MY HAND AND SEAL OF QFFICE this 4th day of November ,
Nota y Pulffic, Tarrant County, Texas
PLAT SPOWING CEN-TERL-INE OF 10 FFET PIPELINE EASFMEN'
OUT OF VALLEY VIEW ADDITION T07HE CITY OF LU880,-V- , OUT OF
'SECT ION 7b , E�LOCIC A , LUI3BOCI[ COUNTY, TEVA5
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5EPTEMDEQ IG, 1982
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CERTIFIED CORT2ECT-,
J u. WILSON `
R 15TERED PUIbLIC 5URV
WILSON
SUQV EYI NG Co,
,INC. JOHN N.
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171( AVEUIUE M
232
TEXAS
(804) - 7G 3