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Home My WebLink AboutR79-35 12-27-79s RESObUT I0N No -1179-35 EE IT KNOWN that on thin the j day of December at a regular meeting of the governing body of the City of i there came on to be considered the matter of the exp- , 19 79 . Pparland • cution of a license between the said City of Pearland , and The Atchison, Topeka and Santa Fe Railway relating to Waterline crossing on Knapp as per Exhibit "A" Company, • at or near said City of Pearland , whereupon the following proceedings were had: It was moved, seconded and unanimously voted that Tom Reid , Mayor, be authorised and empowered the City of Pearland • Texas copy of which is hereto attached, and the same be City Commission at the foot of this resolution. to execute on behalf of , such license, recorded in the Minutes of the STATE OF TEXAS ) COUNTY OF BRAZORIA & HARRIS) I Dorothy L. Cook , City Secretary, do hereby certify that the above and foregoing is a t e enc( correct copy of a resolution passed by the City Commission of said City inr. session on December 27, 1979 19 , as the same appears of record in Book 10 Page269-72 , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand day of January (SEAL) , 1980 and the Seal of Said City this 2 e ret ;1341 TO CONTRACT BETWEEN. THE ATCHISON TOPEKA AND SANTA FE RAILWAY SOUTHERN DIVISION IJOU5T014 AND CITY OF PEAQuLAND,TEXA5 COVERING A WA T LEUP'JE. cE;ESjMe NEAR PEAPLAND, BPAZORLA COUNTY TEXAS SCALE 1 = IOO' A.G.M.-ENGINEERING-AMARILLO, TEXAS DATED: DEC.. 19,1979 COMPANY DISTRICT RY GO PROPERTY ME -7 & NO.II 7 —TO ALVIN V-27 MAP Z PAR 3 G‘ N 0 No. STA f630+3/ MP 11+4952 =3358 TO HOUSTON —0- 0 -. MAIN TRK TME ATtSF RY GO M 0 N ; .RRIF R PIPE 'LASING PIPE 9-DOF PIPE x.625 .1.0,7.50 . OONTENTS TO BE HANDLED WATER.__ PIPE MATERIAL C2111BRt estos STCCL SPECIFICATIONS AND GRADE SDg 2c. $c.H, 4Q WALL THICKNESS _0.255 . QZSO'/ VENTS : NUMBER - SIZE SEALS' BOTH ENDS 'NONE_ BURY: BASE OF RAIL TO TOP OF CASING_.. FEET BURY::. NATURAL GROUND _ FEET BURY: ROADWAY DITCHES FEET CATHODIC PROTECTION - TYPE/SIZE AND SPACING OF INSULATORS OR SUPPORTS R/W MAP NO. 14-,78Z5STA.. MAP NO - IS 5Z' CL5I1Jy RY CO PROPERTY LINE o. ti LENGTH ON R/W ACTUAL. WORKING PRESSURE TYPE OF JOINT COATING METHOD OF INSTALLATION CARRIER PIPE _102,69 Sfi PSI CDLLAt CASING. PIPE 52' 1a16LD p,ITUMASSsYIL D24 BBC2 E HEIGHT OF VENT ABOVE GROUND ONE END _lp _ INCHES INCHES INSTALLED AS PER C.E.S. 5515 _.,Q INCHES PLACED BY DRY BORE ONLY Form 1658 Standard (APPrevad by General Solicitor) PIPE LINE LICENSE THIS LICENSE, Made this 20th day of _liscstater between TRW ATCRISOR,--Td a_—_ >Zelatasrs_ corporation (hereinafter called"Licensor"), party of the first part, and ___CITY OF Psrsur iD TEXASS., 0 Hunicivr taco }tsyor, hereunto duly euthortnad (hereinafter, whether one or more, called "licensee"), party of the second' part. WITNESSETH, 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 one ( 1 ) pipe line_—_, _tine htmdrsd two point- +^ 1 apgt and (-6, ) 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._Paar1And , &rayoris County. Texas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No X23358- , dated__ ember14r 1979 , marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying __stater -- Files Ct-28669 , 1919_, and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum oL.one_iiundred-,Eiity- AAd._ No/7 00tha ($150.00) _Doi lore 4. Licensee shall, at its own cost and subject to theesupervision and control of Licensor's chief engineer, 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 under 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 thereafter 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 Licensor, fail to perform properly its obligations under this paragraph, Li- censor 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 per- form 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 support 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 LINEN 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man- ner 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 of or damage to property, (b) injury to or death of persons, (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 herein contained Licensor may at its election forthwith revoke this license. One Hundred Twenty (120) 8. THIS LICENSE is given by Licensor and accepted by Licensee'. pon the express condition that the same may be terminated at any time by either party upon 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 de- mand of Licensor 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 thereunder. In case Licensee shall 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 here- under, whether of indemnity 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 11570 Pear1ando To s 77581 • 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 Mail, postage prepaid, adds essed to Licensor'satialein Superintendent at. P. 0® Box 967 Temple9 Texas 76501. 11. 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 benefit 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 Licensee, its successors legal representatives or assigns, or any subsequent assignee, shall be bind- ing 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 ATCFHISON TOPEKA AND StL A FrE RAILWAY COMPANY (Licensor) Approved as to Description: Chief Engineer By ------ Its___ siatont to General. Manager_ CITY OF p; 11T_AND Mayor icensee) 8091WE6LS1101 0 M 0 iv tt 5 9 6 02 4 ceO The Atchison, Topeka and Santa Fe Railway Company City of Pearland P 0 Box 1157 Pearland, Texas 77581 Gentlemen: A Santa Fe Industries Company 900 Polk Street, Amarillo, Texas 79171 • Telephone 806/376-5131 December 21, 1979 File: Ct 28669 tint In OEC 261919 co OF PIp,RI„ 14 Reference is being made to your recent request for &.water line crossing at MP 11 + 4952.0 feet near Pearland, Texas We have no objections to this water line crossing, and I am enclosing duplicate originals of a pipe line license covering this installation and stipulating a fee of $150.00. The license has been executed on behalf of the Railway Company and will appreciate your further handling for execution on behalf of City of Pearland, Texas,with return of the copy stamped "Santa Fe Original" for completion of our records. After the license has been executed as indicated and in its present form, it will be satisfactory to proceed with installation of the crossing with the understanding that installation will be in accordance with provisions of the agreement and that you will furnish Mr. Ubo Kovacevich, of Superintendent': Spann's office, telephone number Area Code 817 778-5243, three days' advance notice of date actual work on Railway Company property will commence. If there are any questions or other information desired pertaining to this subject matter, you may contact Mr. B. R. Darnell, extension 165, or Mr. F. 0. Koopmann, extension 224. Yours very truly, J. R%Fitz_erald General Manager January 2, 1980 Mr. J. R. Fitzgerald, General Manager The Atchison, Topeka and Santa Fe Railway Company 900 Polk Street Amarillo, Texas 79171 Re: File: CT 28669 Dear Mr. Fitzgerald: TELEPHONE (713) 485-2411 POST OFFICE BOX 1157 PEARLAND, TEXAS 77581 Attached is Santa Fe Original of Pipe Line License properly executed by the Mayor of the City of Pearland along with check for $150.00 to cover the cost of the License. dic enc. cc: Coenco, Inc. City Engineers, Alvin, Texas We trust the enclosed will be found in proper' order. Yours very truly, J Dorothy L. Coo City Secretary