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1957 RES CITY COUNCIL IN RES NO 1895 PROCESSED GRANT APPLICATIONRESOLUTION N0. 1957 . WHEREAS, the City Council of the City of Paris did heretofore authorize, in Resolution No. 18~5, the processing of a grant applica- tion urder the Public Works and Economic Development Act of 1965, as amended, and did thereafter in Resolution No. 1913 authorize said application to be increased, and did in Resolution No. 1933 accept a grant offer which authorized the construction to completion of the project; and, WHEREAS, it is necessary to procure easements from all owners of property across which said project must traverse; and, WHEREAS, The Atchison, Topeka and Santa Fe Railway Company has offered to grant two licenses for the consideration of $150. 00 each under its right of way in the form of a Pipe Line License as shown in Exhibits A and B attached hereto; NOW, THEREFORE, BE IT RESOLVED BY TH E CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Pipe Line Licenses dated July 20, 1979, with The Atchison, Topeka and Santa Fe Railway Company in the form shown on E~ibits A and B attached hereto. Passed and adopted this 30th day of July, 1979. ~ ic ael E. Malone, ayor A TTEST: H. Gre e, City Clerk ~ APP VED AS ~ FORM: ~ . K. aynes, City Attorney Ct-28430 Form 1656 Standard (aPPrewd by G""o^'I Soliciror) p~~ ~NE LacEvsE THIB LICENSE, Made this_..__2Sltb_---_day of-------.------~uly_------------__.__~------, between__~_~CH~SO~i~._~Q~~KA_~_~__~~A.~J•WAY Q~'Ac'`IX,_____r___-_ eorporation (hereinafter called `Zicensor"), party of the first part, and -the _-CITX_OE._TAB,.LS,__ -a_Mun3cUaL_Qr"xAtiszn.--~cting._here.3.zx._hy~.Lo - -he.~aun:tn_~ul.~._..authnr.3.zed_._~__------------------------------------- - (-helceinafter, w~iether one or more, called "licensee"), pai-l,y of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter Expressed covenant xnd ags ee as follows : 1. Subject to the terms and canditions hereinafter set forth, Licen€or licenses Licensee to con,struct a.nd ( 1 ) P1pe 1111e_..._---► --oAe._b.uAdzed-41Q4~~-1n.-1.ei1$th--8std-----------_:____----------------- _C9.05__Z____inchea in diameter (hereinafter, whether arie or more pipe lines, called tha "PIPE LTNE"), across or along the right of way of Licensor at or near the station of_.Paris,--Lamar--- CquntY,_T_ca~___ ___-~^the exact location of the PIFE LINE being more particulaxly shown by rect coioring upon the print hereto attached, dated.._Jeil.y 19,19.79--- _ marked "Exhibit A" and made a part hereof. 2. Licensee sha11 use the PIPE LINE solely for carrying wat~~'--------------- and shall not uae it to carry any other commodity or far any other purpose w atsoever. 3. Licensee ahall pay Licensor as compensation for this license the sum of__fUe--Rundr_ed--Fif-tY-- ama r~oLi oothg - - - - ~ - cs~.~o.oo} - - -_--°----Doixars 4. Licensee ahall, at ita own` `eost and subject to the supervision ana'control af Licxnsor's Achie; en-oineer, locate, conatruct and maintain the PIPE LINE in sueh a manner and of such material that it will not at any time be a source of danger to ox interference with tha present or future tracks, roadbed an property of Licensor, qr tne safe operation of its railroad. In casea where the Licenaee is permitt under paragraph 2 hereof to use the PIPE I.INE for oil, gas, petroleum pzroducts, or other ilammable or highly volatile sulastances under pressure, the PIPE LINB shali be constructed, instalied and thereafter mainta.ined in conformity tivith the plana and specifica.tions showm on print hereto attachecl in auch cases, ma.rked Exhibit B and made a part hereof. If at any tirne Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under tlus paragraph, Li- censor inay, at its optinn, 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 ineurred 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 darnage occasioned thereby. 5. Licensee shall reimburs2 Licensor for any expense incurred by Licensor #or false work to suppo-rt Licensor'a traclcs and for flagman to protect its traffic during inatallati'on 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 toss, damaae or expenae 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, includina 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 Idnd. 7. If at any tims Licensee shall fail or refuse to comply with or carry out any of the covenants berein contained Licensor may at its election forthivith revoke thia license. EXHIBIT A 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 upan ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination ahall take place, and that upoii the termination of this lzcense in this or any other manner herein provided, Licenses, upon de- mand of Licensor, shall abandon the use of the PIPE LINE anci remove the sa.me and restore the right uf way and tracks of Licensor to the same conclition in which they were prior to the pIacing 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 ohligation here- under, whether of indemnit.8T or otherwise, resulting from any acts, amissions or events happening prior to the clate 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 anyor.e owning Qr obtainin.- title to the prernises on tvhich the PIPE LINE is lacated, or the sale ar aba.ndonmant by Licensor of said premises, Licensor shall iiot be liable to Licensee for any damage of any na.ture whatsoever or to refund any payment made hy Licensee to Licensor hereunder, except the proportionate part af any recurring rental charge v.•hich rnay ha.ve been paid hereunder in advance. 10. Any notice hereixnder to be given by Licensor to I,icexisee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at----------- Box _1037,.._Paris..__Texas 75460 - - F.----~ 0--.------ - Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served i t e same be deposited in the United States 1VIai1, postage prepaid, addressed to Licensor's------------- Divisian Superintendent At 204 Saxata Fe BZdg., 14th i~ Jones 5ts., - Fart Worth. Texae 76142 - 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license ahall be the joint and several covenants and agreernents of such parties. 12. All the covenanta and provisions of this instrument shall bz binding upon and inure to the benefit of the successors, legal representa.tives and assigns af the parties to the same extent and effect as the same are binding upon and inure to the beneiit of the parties hereto, but no assignment hereof by Licensee, its auccessors, Iegat representatives or assigns, or any subsequent assignee, shatl be bind- ing upon Licensor withotit the written consent of Licensor in each insta.nce. Wherein the name "CITY OFP A bIS,reerence to the ehibits namet of hea hereto the same is hereby chan~,ed y "CITY OF PARIS". IN WITNESS WHER.EO.F, The parties have executed this agreement in duplica,te the day and year first above,vvritten. THB ATCfiISON, TOPEKA AND SANTA FE RAILWAX COMPANX (J,iGebsor) Approved as to Deacription : ` BY - t~!_ C Ita--Asstant_to Genexal_Manager ~ , - - . , Chief Engineer: ~ . , . CZTY QF PARIS, _ A TTEST: By Its Mapor C. Greene, City C erk (Licensee) CT 28430 EXHIBIT "A" TO CON7RACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY NORTHERN DIVISION P,4RIS DISTRICT AND CITY OF PAR/S.t rEXAS CDYER/Nq A W97~eR L/il/E CiPoM/NCI NF'AR P,4R/.S.v LAMAR COUNTY; TEXAS SCALE 1=/04' A.G.M.-ENGINEERING-AMARILLO, TEXAS No.X-30S7 DATED: ✓ULY I9~ 1979 Co. 4i17& i -To Zacha ✓c f I ~ I ~Main Ti'~c~• ~ I y. Co. -;ARRIER PIPE J.D OF PIPE -,q X-5'• CONTENTS TO BE HANLX.ED YYs?1&1' PIPE MATERIAL Cd~J_Ir~rl 2, 290'/7o Shuf-oFP I/alvC . Sfa.~787¢~-69 M. P. /49 1,749 L SPECIFICATIONS AND ORADC T'o Paris - L Ua/. Sec. 2 9, Ma,o 28 Parcel N°5 ~ 310'fa Shul-oFF Va/ve ~ I r,ASiroG PIPE CARRIER PIPE CASINO PIPF _J¢• QOQ LENGTH ON R / W Wo , ACTUAL WORK;NCi PRESSURE ~f T Y PE O F JO 1 N T ege)- COATINO WALL TNICKNESS .Q!~LQ .Q• 7~~~ - METHOD OF INSTALLATION BO/'e VENT3 : NUMBER Noa-a SIZE NEIGHT OF VENT ABOVE GROUND SEALS' BOTH ENDS 'dLD ONE END BURY : BASE OF RAIL TO TOP OF CASIN(3 .6'- FEET wh=mEs BURY: NATURAL OROUND 9_ FEET -G; INCNES INSTALLEO AS PER C.E.S. 5515 BURY: ROADWAY DITCHES 3_ FEET _G INCHES PLACED BY DRY BORE ONLY CATHODIC PROTECTION_..lYDtz.~- TYPE,SIZE AND SPACING OF INSULATORS OR SUPPORTS , R/W MAP NO//4`/Z06i3qTA MAP NQ. (R cc-284so Fonn 1658 5tandord (Approrsd by Ganero) Solidfor) PIPE I,DiE LICENSE THIS LICENSE, Made this-_----.__2Oth----_day between_ _THE corpor~ation (hereinafter called "Licensor"), party of the first part, and ----'the Cxxy oF peRls.,- ---a Municip~►1 corporatiox~,---acting h~rein_ by _ its - ---------.ria►or:hereunto duly authorized---- (hereinafter, whQther oixe or more, called "licensee"), party of the second part. WITNESSETH, That the paxties lzereto for the considerations hereinafter expressed covenant and agree as followa: 1. Subject to the terrng and cr,nditions hereinafter aet fortn, Licen:or licenses,Licensee to construct . ; . , . . • , and maintain uue---------------------- ( 1 ) Pipe line-------., CAJ.20_1 inchea in diameter (hereinafter, whether one or mUre pipe lines, called the "PTPE LINE"), acrosa or alang the right of tivay of Licensor at or near the station of__- Caunty_!__TexaLs___ exact location of the i'IPE LINE being mare particularly shown by red coloring upon the print hsreto attached, datecL~mly_19a19J9-- marked "Exhibit A" and made a part hereof. 2. Licensee ahall use the PIPE LINE salely for carrying-..water------------ and shall nat nse it to carry any other commodity or for any other purpose whntsaever. 3. Licensee ahall pay Licensor as compensatian for this liceuse the sum andNo/lOQths (S1~2LQ9~......__....~---_pQ11.ar8_. , 4. Licensee shall, at its o,vvn cost and subjeet to the superyision'anCcontrol o.f Licensor's chie,f 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 ta or interference with ths present or future tracks, roadbed and prpperty 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 fla.mmable or highly volatile substances under presaure, the PIPE LINE ahall be constructed, installed and thereafter maintained in conformity with the plana and sgecifications shown on print hereto attacheci in such cases, marked Exhibit B and rnatle a part hereof. If at Any time Licensee shall, in the judgment of Licensor, fa.il to perform properly its obligations under this paragraph, Li- censor may, at ita option, itself perform such worlc as it deems necessar3* for the safe operatian of its railroad, and in auch event Licenaee agrees to pay, within fifteen (15) days after bill shall have been renderect therefor, the cost so incarred 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 Licenaor's tracks and for flagcnan to protect its traffic diiring installat'ion of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at aIl times indemnifp and save harmless Licerisor against and pay in full all loss, damage or expense tha± Liceiisor may sustain, incur or become liable for, resulting in any man- ner froxn tha construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) losa of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liena of any character, or (d) tases or assessments of any kind. 7. If at any time Licensee shall fail or refuae to complp with or carry out any of the covenants herein contained Licensor may at its election forthwith revake this license. EXHIBIT B 8, THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated ut any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein tne date that such termination shall take place, and that upon the termination of this Iicense in this or any other manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the PIPE LINL+' and remove ths 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 Licet:sor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed w-ith 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 acta, omissions or events happening prior to the date the PIPE LINE is removea a.nd the right of way and track of Licensor restored as abave provided. 9. In the case of the eviction of Licensee by anyane ovvning ar obtaining title to the premises on which the PIPE LINE is loca.ted, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable tfl Licensee for any damage of any natnre whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which xnay have been gaid hereunder in advance. 10. Any notice hereunder ta be given by Licensor to Licensee shali be deemed to be properly served if it be deposited in the United States Mazl, posta.ge prepaid, addressed to Licensee at------------------ --------------p'-~'--Box_1037=_ Paris,~_Texas __?5ri60 Any notice to be ginen hereunder by Licensee to Licensor shall be deemed to be properly served if the same bs deposited in the UnitQd States Mail, postage prepaid, addressed to Licensor's_------ Division Superintendent at 244 Santn Fe Bldg., 14th_& 3ones Sts. Fort W~th. T~~a.s ~6~02 - 11. In the event that two or more partiea execute this instrument as Licensee, all the covenants and agreements of Licensee in this ticense 5ha11 be the joint_and several_ covenantts, and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure ta the benefit of the succeasors, legal representatives and assigns of the parties ta the same extent and effect as the same are binding upon and innre to the benefit of the parties hereto, but no assignment hereof b3= Licensee, its succeasars, legal representatives or assigns, or any subsequent assignee, shall be bind- ing upon Licensor without the written consent of Lieensor in each insta.nce. Wherein the name "CITY OF PARIS, TFXAS" is used in exhibits attached hereto the same is hereby changed by reEerence _.to the correct name oE "CITY OF .PARIS". , IN WI7'NFSS WHEREOF,' The ~partiea have execufied this agreement in duplicate the day and year first above written. THE_AT-CHISON TdPEKA_ AIdD SANTA_FE_ RAZLWAY CO:IPANY----(Licengor) Approved as to Deacriptioil: BY-f 4^a,r~ Its__Assistant--to--ranera1 Mana,7er_ - - - - - - _ Chief Engineer.' _ , ~ ~ _ . . - . . . ' . A TT EST: CZTY _ 03?_pARIS- ~ , By I-!. C. Greene, City Clerk _Its-------- Aiayor------------------------- (Licenaee) CT 28430 EXHIBIT "A" TO CONTRACT BETWEEN rHE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY NOIPTNERN DIVIS1oN PAR/S DISTRICT AND C! T Y OF RA/7lSo TEXAS COVERf)VqA YVATER L/NE CRoSS/NCr I`V EAR /ai4R/S~ L AIYIA,q COUN 7"Y, Ts~'XAS SCALE 1 = /00' A.G.M.-ENGINEERING-AMARILLO, TEXAS D A T E D:✓UL Y/9, /9 79 ~ /nOO,C 45°34 "a I ~C'J- co. Pr-o ' per~y L i12C I~ . ~-To Zach~ ✓cf , O ~ n ~p m ~ Main Tr~c,& i Py Cn i Z; ~ tvo. X-305(6 h o; Va/ Sec. Z 9~ 'MaP 2 8 n4 /~arce/N°7 0. hl ~ NI rn ~ N ' m CY) 7"o Paris-}" ~ Sfa.79/9t20 M P ¢9~52 00 050'fo ,Shuf-oF'F t/a/v~ ~ ;Af1RIER PIPE CASiNG PiPE CARRIER PIPE CASINO PIPE OF PIPE -,65~ Z.o-~_ ~4-_0 (2_ LENGTH ON R/W -[l20 ^ONTENTS TO BE HAN[k.ED IdC~/12/' ACTUAL WORKING PRESSURE 4120 RS.Z. PIPE MATERIAL G'LY,SIQ_ S5,'Z_ TYPE OF JOINT 1!Yaldac[_ SPECIFICATIONS ANO ORADG (Z~~Q 4PI.-5j-L COATINO WALL THICKNESS 0-48~~ Q~.~_ METHOD OF INSTALLATION VENTS : NUMBER Np,9V SIZE HEIGHT OF VENT ABOVE GROUNq - SEALS ' BOTW ENDS -/Yo-_ ON E END BURY : BASE OF RAIL TO TO P OF CASINO J2-- FEET INCHES BURY: NATURAL aROUND -7?_-FEET --G- INCHES INSTALLEO AS PER C.E.S. 5515 BURY' ROADWAY DITCHES _-3 FEET _4e INCHES PLACEO BY DRY BORE ONLY CATHODIC PROTECTION_1V ls17_e-_-__ TYPE,SI2E AND SPACINO OF INSULATORS OR SUPPORTS R/W M4P NO//¢-/2066STA MAP Nn C4?