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HomeMy WebLinkAboutResolution - 1044 - Gas Line Land Use Permit Agreement - TDMH&MR - Portion LSS Addition - 03/11/1982�+ ? JWF : j s RESOLUTION 1044 - 3/11/81 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the said City of Lubbock,a Gas Line Land Use Permit Agreement to be entered into by and between said City of Lubbock and the Texas Department of Mental Health and Mental Retardation, attached here- with which shall be spead 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 11th day of March 1982. Ad BI cALISTER, MAYOR ATTEST: Evelyn Gaffga, City Se e r reasurer APPROVED AS TO CONTENT: Tom Nivens, Right -of -Way Agent APPROVED AS TO FORM: yj ew-C 5:&4XffiM-s- J. W t h Fullingim, Asst. Cit Attorney RESOLUTION 1044 - 3/11/82 , S5,CRETARY-TREASURER s *1 3 �� GAS LINE LAND USE PERMIT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT entered into as of the _ 11th day of March I- 1982, 1982, by and between the CITY OF LUBBOCK, a Texas Home Rule Municipality, here- in called "CITY", acting through its MAYOR hereunto duly authorized, and the TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, acting by and through its undersigned COMMISSIONER hereunto duly authorized, herein called "PERMITTEE", as follows: KNOW ALL MEN BY THESE PRESENTS: I THAT in consideration of ONE NO/1 ($1. ) DOLLARS and other good and valuable consideration and mu al ag eemen s to be kept and performed by the undersigned parties, t TY es he eby g ant unto PERMITTEE a permit to lay, construct, repair, maint n, use an un erground gas line in, upon, under, along, and across the foll win de ibed eat estate owned and controlled by said CITY, to -wit: BEGINNING at a point 645 feet Nor ' E. of the Southwest corner of Lubbock State School Addition to the City of Lubbock, Lubbock County, Texas; THENCE 100 feet West to a point; THENCE 20 feet N. 0°5' East to a point; THENCE 100 feet East to a point; THENCE 20 feet S. 005' West to the point of beginning. SAID Gas Line shall be buried 36 inches below the surface of the ground under which it lies, and is to connect up with a high pressure gas line owned by the Energas Company, a division of Pioneer Corporation. II. PERMITTEE after construction shall at its cost, restore the surface to its original condition. PERMITTEE at its own cost and subject to the super- vision and control of the CITY shall locate, construct, and maintain said Gas Line in such a manner that it will not at anytime be a source of danger to or interference with municipal operations and the safety thereof, and PERMITTEE agrees that at any time CITY builds any improvements and/or facilities which necessitates removal or relocation of PERMITTEE'S Gas Line, that PERMITTEE will forthwith accomplish such relocation or removal as requested by CITY at the cost and expense of PERMITTEE, and thereafter maintain its Gas Line as designated by the CITY. PERMITTEE agrees that at all times it will indemnify and save harmless the CITY against all claims, demands, actions or causes of action, arising or growing out of any damage to property or injury to or death of persons - which may be due in any manner to the construction, use, maintenance, state of repair or presence of the Gas Line installation and to pay the CITY the full amount of any loss or damage which it may sustain, incur or become liable for on account thereof. IV. THIS permit is issued by the CITY and accepted by PERMITTEE upon the ex- press condition that the same is, and at all times shall be revocable at the will of the CITY; and whenever requested so to do by the CITY, PERMITTEE agrees at PERMITTEE'S expense to remove said Gas Line installation from the property of the CITY and restore said property to the same condition in which it was prior to the placing of said Gas Line installation thereon. In case PERMITTEE shall fail to restore the City's premises as aforesaid within thirty 00) days, CITY may proceed with such work at the expense of PERMITTEE. No termi- nation hereof shall release PERMITTEE from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any acts, Aissions, or events happening prior to the date of termination or such later date when the Gas Line installation may be removed and said premises restored as herein- above provided. V. THIS Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns, but no assignment hereof by LICENSEE shall be binding upon the CITY without the written consent of the CITY in each instance. VI. THE Term of this grant shall be from year to year (without renewal) not to exceed twenty (20) years unless sooner revoked at the will of CITY as pro- vided in Sections IV and VII hereof. VII. ANY Notice, Request, Instructions'or Revocation of this license to be given by CITY to PERMITTEE hereunder shall be deemed to be properly served if delivered to PERMITTEE or if deposited in the Post Office, postpaid, addressed to PERMITTEE in care of Lubbock State School, P.O. Box 5396; Lubbock, Texas 79417, or to the last known address of PERMITTEE. VIII. PERMITTEE 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 PERMITTEE waives any and all claims in and to the property it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this permit. IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, the day and year first above written. CITY OF LU .Al* Aa& BY: BILL McALISTER, MAYOR ATTEST: E elyn G fga, City a ry-Treasurer ACCEPTED pursuant to article 5547-202, kNA .A.C.S.: TEXAT MEN T TH ANDT RD TION BY: Its: ­60MLOSSIONER. R THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared BILL McALISTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknow- ledged 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 the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS �`J day .of , 1982. - Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF� § BEFORE ME, the undersigned authority, a Notary Public in and forR�..�� County, Texas, on this day personally appeared =& 24 known to me to be the person whose name is subscribed to the foregoing i sni tru- ment and acknowledged to me that he executed the same as the act and deed of the TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION (PERMITTEE herein), and as its COMMISSIONER, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , x.9,82. Notary Public, County, Texas 1 '