R75-18 05-05-75SOLUTION
--oOo--
BE IT KNOWN that on this the 5- day of MaY , 19 75_,
Special
at a regular meeting of the governing body of the City of Pearland
Texas
there came on to be considered the matter of the exe-
cution of a license between the said City of Pearland
Texas , and THE ATCHISON. TOPEKA AND SANTA FE
Railway Company, relating. to the construction and maintenance of -.a pips line
carrying sewage, 103 ft. in length and 6.625 inches in diameter, HP 11 + 2310 ft.
at or near said. City of Pearland, Texas
whereupon the following proceedings were had:
It was moved, seconded and unanimously voted that Carlton McComb
, Mayor, be authorized and empowered to execute on behalf of
the City of Pearland Texas , such license,
copy of which is hereto attached, and thesame be recorded in the Minutes of the
City Commission at the foot of this resolution.
SLATE OF TEXAS
COUNTY OF BRAZORIA
I Dorothy L. Cook ,City Secretary, do hereby certify
that the above and for.go.r; is = tnikt¢{ correct copy of a resolution passed by
L . :it rr-'
Co_satC of said City in retro4m7 session on May 5, - -
^ r
19_____., �.:'?.'
, as the s. ar- _ r5' of record in Sock ^, page 2nD -6-7 , Minutes of
_
City ConT..;.ss ion.
.:r.a,F, witness my hand and the Seal of Said City this 21
1.75
•
'The.3:W son,T ka alas Samta F &al'Iway'Company
! i i A Santa Fe Industries Company
J '
t„>1 1 :1915
CIT'I Or
pEARLAVD.
•
Office of Superintendent
Post Of-rice Box 967
Temple, Texas 76501
C- 8073
dune 13, 1975
Pb License - City of Pearland -
i
City of Pearland
P.O. Bar. 1157
Pearland, Texas 77581
Gentlemen:
Please refer to recent correspondence concerning the above.
Attached herewith for your file is the duplicate original
of the agreement which has the necessary corrections made to the
Exhibit TTA" prints at ;your 1 r. Collins recuest
very truly-yours,
D.E. ?ader
Su Seri ntendent
1
•
r m is a sivedard _ - -
(Approver7 17y General Solicitor)
PIE LINE LICENSE
TIES LICENSE, Made this 9 nh ---day of 19 7_5
between THE itvreELsoR,TOPLICA AND S A.ITA I.g RAILWAY COITANY
na1avarp corporation (hereinafter called "Licensor"), party of the first part, and
CTTY OF PEAELAND, TEXAS, a Municipal corporation, acting herein by its
mayn", hereunto duly authorized, _
(hereinafter, whether one or more, called "licensee"), party of the second part. _
H7ITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and
agree as follows:
1. Subject to the terms and conditions hereinafter set forth,Licensor licenses Licensee to construct
and maintain_- flri
I. 1. ) pipe line , 103 feet in engthand 6.625
inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE
LINE"),across or along the right of way of Licensor at or near the station of Pearl and, -_
Brazeria C_untj, 'Deems the exact location of the PIPE LINE being more particularly
shown by red coloring upon the print hereto attached, No.AGM E-4-25780 dated
marked "Exhibit A" and made a part hereof.
2. - Licensee shall use the PIPE LINE solely for carrying sewage:--- -----
and shall not use it to carry any other commodity or for any other purpose whatsoever.
8. Licensee shall pay Licensor as compensation for this license the sum of One and NoDi:hs
($1 ..00) Dollar. _
•
4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief en-
gineer,locate, construct and maintain the PIPE LINE in such a manner and of such material that it will
not at any time be a source of danger to or interference with the present or future tracks, roadbed and
property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un-
der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or
highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there-
after maintained in conformity with the plans and specifications shown on print hereto attached in such
cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li-
censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself
perform such work as it deems necessary for the safe operation of its railroad,and in such event Licensee
agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred
by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release
Licensee from liability hereunder for loss or damage occasioned thereby. •
.
5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup-
port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and
for any and all other expense incurred by Licensor on account of the PIPE LINE. . -
6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all Ioss,
damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from
the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such
loss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per-
eons, (c) mechanics' or other liens of any character,or (d) taxes or assessments of any kind.
7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here-
in contained Licensor may at its election forthwith revoke this license. .
8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that
the same may be terminated at any time by either party upon ten (10)-days'notice in writing to be served
upon the other party,stating therein the date that such termination shall take place, and that upon the
termination of this license in this or any other manner herein provided, Licensee,upon demand of Licen-
sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and
tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there-
under.In case Licensee email fail to restore Licensor's premises as aforesaid within ten (10) days after
the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No
termination hereof shall release.Licensee from any liability or obligation hereunder, whether of indem-
nity or otherwise, resulting from any acts, omissions or events happening prior to the date the,PIPE
LINE is removed and the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on
which the PIPE LINE is located, or the sale or abandonment by Licensor of said premises, Licensor shall
not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by
Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served
if it be deposited in-the United States Mail, postage prepaid, addressed to Licensee at
P. 0. Box 1157, Pppr5 pnr3; Tavan 775R1
Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the
same be deposited in the United. States Msil, postage prepaid, addressed to Licensor's
Division Superintendent at P. 0. Box 967 -
Templer Texas 76501
11e In the event that two or more parties execute this instrument as Licensee, all the covenants and
agreements of Licensee in this license shall be the joint and several covenants and agreements of such
parties.
12. All the Covenants and provisions of this instrument shall be binding upon and inure to the bene-
fit of the successors,legal representatives and assigns of the parties 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 Licen-
see,its successors,legal representatives or assigns, or any subsequent assignee, shall be binding upon
Licensor without the written consent of Licensor in each instance.
IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year
first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (Licensor)
' Approved as to Description: ` �'
Ifs Assistant to General Manager
Chief Engineer.
CITY OF PEARLAND, TEXAS
t
By
3t'c Mayor
EXHIBIT "A" •
TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
SOUTHERN DIVISION • HOUSTON DISTRICT
AND .
CITY OF PEAR LAND, TEXAS.
COVERING . A SANITARY SEWER CROSSING
AT
PEARLAND, BRAZORIA COUNTY, TEXAS .
SCALE I"= 100' A.G.M.:ENGINEERING-AMARILLO, TEXAS No. E -4 —25780
DATED: APRIL 4, 1975
REVISED: JUNE 6, 1975 -/
613 FORCE MAIN
A PART OF THE PROPERTY
OF THE A.T.6S.F Ry. Co. AT t�I.P II 2310
PEARLAND,YERA , Tr, 603+ 90 -c
COUNTY, TEXASS
-- _ RY. Co. PROPERTY LINE 7
45 c_ TRACK = 117
TO ALVIN 15' ,4 ,5 TO HOUSTON :-
600 1 t 2 i k • CL THE A.T. a S.F. RY ''o_ MAIN TRACK=
50' 76°06' o 6 7
t RY. Co. PROPERTY LINE •1'1 --
----------- ,----....___:_ zz: j.y.j,,..
5,
40,
SCOTT LANE (40' DEDICATED ROAD)
- HOUSTON TAP `' a BRAZORIA RAILROAD COMPANY SURVEYS V_ 27_T
2 -
PAR. a 3
2-9 RWD
DESCRIPTION .
103 feet of 6.625 inch O. D. , 1120 Sch. 80 P. V. C. sanitary sewage line,
0.44" wall thickness, maximum operating pressure 30 psi , of which
100 feet is encased in a 10.8 inch 0.D. Sch. 40, 0.365' wall thickness,
. , welded steel pipe Biturtastic coated inside and out and , placed 10' below
base of rail and a minimum of 3 feet below the natural ground ' on,
railroad property as shown hereon in red color.
L RLc
(Attach print here)
61
Form MO Stamdaro
(Approrad by Central Solicitor)
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Secretary's No.
PIPE LINE LICENSE
TO
For
Station
Division
In effect______ 19_.
Cancellable on ten day' notice.
Supt' No.
Chief Engineer's No.
Hall 12 71 4M4982