HomeMy WebLinkAboutResolution - 973 - Street/Alley Use License-Texland Petroleum -Oil Pipelines, 5 Tracts Valley View - 11/19/1981JWF : j s
RESOLUTION
RESOLUTION 973 - 11/19/81
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 in favor of 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 19th day of November , 1981.
MX1, v;
BIL cALIST , MAYOR
ATTEST:
Evelyn Gaf ga, City SeErTreasurer
APPROVED AS TO CONTENT:
Don Je ings,ty Engineer
APPROVED AS TO FORM:
J. Wath Fullingim, Asst. Cit0 Attorney
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RESOLUTION 973 - 11/19/81
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STREET AND ALLEY USE LICENSE
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this 19thday of November , 1981, 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,
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 and alleys to construct and maintain a
system of oil flow pipelines, 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 pipelines shall be constructed of tubular steel and have a minimum cover
of at least 40 inches from the ground surface at the following locations:
TRACT I - PORTION OF ALLEY
Field notes on a 10.0 feet pipeline license in Valley View Addition to
the City of Lubbock, out of Section 78, B1ock.A, Lubbock County, Texas
and the center line being more particularly described as follows:
Beginning at a point in the South line of Lot 17, Valley View Addition,
for the beginning point of said centerline description, whence the South-
east corner of Lot 17, bears South 80°20100" East, 4.0 feet;
THENCE South 26°01142" West crossing an East-West alley, 20.84 feet to a
point in the North line of Lot 10, Valley View Addition, for the end of
this description.
Containing 199.0 square feet.
TRACT II - PORTION OF ALLEY
Field notes on a 10.0 feet pipeline license in 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 point in the South line of Lot 9, Valley View Addition for
the beginning point of said centerline description, whence the Southeast
corner of Lot 9, Valley View Addition bears South 80°20'00" East, 4.6
feet;
THENCE South 29°48'28" West crossing an East-West alley, 21.30 feet to a
point in the.North line of Lot 6, Valley View Addition for the end of
this description.
Containing 199.0 square feet.
TRACT III - PORTION OF STREET
Field notes on a 10.0 feet pipeline license in 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 point in the West line of tot 7, Valley View Addition and
the East R.O.W. line of Meadow Drive for the beginning point of said
centerline description, whence the Northwest corner of Lot 7, Valley View
Addition bears North 10'02'23" East, 7.24 feet;
THENCE North 81016148" West, 53.76 -feet to a point in Meadow Drive,
whence the West R.O.W. line of Meadow Drive bears North 81°16'48" West,
6.3 feet;
THENCE South 13013157" West along a line 5.0 feet West of the back of
curb and gutter on Meadow Drive, a distance of 165.93 feet to a point;
THENCE South 16'13'44" West along a line 5.0 feet West of the back of
curb and gutter on Meadow Drive, a distance of 456.88 feet to a point;
THENCE South 79°17'23" West., 7.9 feet to a point in the West R.O.W. line
of Meadow Drive and the East line of.Block 7, Valley View Addition for
the end of this description.
Containing 6847 square feet.
TRACT IV - PORTION OF STREET
Field notes on a 10.0 feet pipeline license in 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 point in the North R.O.W. line of Sunset Lane and the
South line of Block 7, Valley View Addition for the beginning point of
said centerline description, whence the North -Southeast corner of Block
7, Valley View Addition bears North 79°17123" East, 114.94 feet and South
16°19100" West, 0.52 feet;
THENCE South 79°17123" West, 33.8 feet to a point in the North line of
Sunset Lane and the South line of Block 7, Valley View Addition for the
end of this description.
Containing 477 square feet..
TRACT V - PORTION OF STREET
Field notes on a 10.0 feet pipeline license in 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 point in the South R.O.W. line of Sunset Lane and the
North line of'Lot 5, Block. 3, Valley View Addition, for the beginning
point of said centerline description, whence the Northwest corner of Lot
5, Block 3, Valley View Addition .bears South 73°22'39" West, 97.6 feet;
THENCE North 11°43'31" West, 60.22 feet to a point in the North R.O.W.
line of -Sunset Lane and the South line of Block'7, Valley View Addition
for the end of this description.
Containing 602 square feet..
The term of this grant shall be for five (5) years.£rom 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, of 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 compen-
sation 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 iu 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 such 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 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-
CENSEE 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 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
in1equity 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-
factory 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 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 LUBBOCK
R
BY
BILL MCALISTER, MAYOR
ATTEST:
,E elyn G ffga, C ecretary-Treasurer
AGREED TO AND ACCEPTED this 2nd day of Deer 1981.
LICENSEE: TEXLAND PETROLEUM, INC.
BY
Schram �.PRESIDENT
APPROVED AS TO CONTENT:
Don Je ngs, C Engineer
APPROVED AS TO FORM:
s
J. V rth Fullingim, Asst. Ci%)y Attorney
THE STATE OF TEXAS I§
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. /�
-- u GIVEf�`iTNDER MY _HAND AND ,SEAL OF OFFICE this Qj_A=day
Votar Public, Lubbock County, Texas
/g
r
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 LUBBOCK
R
BY
BILL MCALISTER, MAYOR
ATTEST:
,E elyn G ffga, C ecretary-Treasurer
AGREED TO AND ACCEPTED this 2nd day of Deer 1981.
LICENSEE: TEXLAND PETROLEUM, INC.
BY
Schram �.PRESIDENT
APPROVED AS TO CONTENT:
Don Je ngs, C Engineer
APPROVED AS TO FORM:
s
J. V rth Fullingim, Asst. Ci%)y Attorney
THE STATE OF TEXAS I§
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. /�
-- u GIVEf�`iTNDER MY _HAND AND ,SEAL OF OFFICE this Qj_A=day
Votar Public, Lubbock County, Texas
/g
THE STATE OF TEXAS §
COUNTY OF rinArr_rr §
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas on this day personally appeared R. J. SCHUMACHER ,
President of Texland Petroleum, Inc., known'to me to be the person whose name
is subscribed to the foregoing instrument 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.OFFICE this 2nd day of December ,
1481.
NANCY WILSON
Notary Pub c, Lubbock County, Texas