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Home My WebLink About1970-2AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS~ HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF FEBRUARY, A. D 1970. RESOLUTION WHEREAS, to comply with State requirements in adding needed motor bank facilities, the First State Bank of Denton must make a connection with exist- ing facilities by installing a pneumatic tube from the proposed construction site, crossing under Locust Street to intersect its present tunnel east thereof, and WHE~AS, such crossing will in no manner interfere with the use of such street by the City of Denton, or by any p~lic utility; therefore BE IT ~SOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS that the First State Bank of Denton, Texas, is hereby granted permission to cross under Locust Street a minimum depth of three (3) feet, with an eight (8) inch pneumatic tube, encased in concrete, said crossing to be within the area of Locust Street described as follows, to-wit BEGINNING at a point in the east line of Lot 3 in Block 10 of the Original Townsite of Denton, Texas, 25.00 feet south 0° 22' 55" east from the northeast corner of the said Lot 3, east 0° 16' 40" north 79.31' to a point for corner, THENCE south 10.00', THENCE west 0° 16' 40" south 79.30', THENCE north 0° 22' 55" west 10 00' to the point of beginning and containing approximately 0.0182 acres of land. Provided that, this permission is conditioned upon the compliance with all the Rules and Regulations of the City of Denton regarding the use of p~lic property, and the pipe so crossing shall be in- stalled under the supervision of the City Street Department, and shall be approved by the City Engineer prior to installation, and shall meet and s~is~ all inspection requirements PASSED ~D APPROVED this ~ day of February, A D 1970. L A NEL~O~ M~O~ CITY OF DENTON, TEXAS ATTEST. CITY OF DENTON~ TEXAS JA~. ~ARTON,-'CITY ATT0~EY Y OF DENTON, TEXAS AT A R~GULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY 0F FEBRUARY, A. D. 1970. R E S 0 L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS' That in order to adequately provide for necessary flood control ~n the area of Assessment Number 6, the C~ty needs to ~nstall a p~pe oulvert under and through pro- perty owned or controlled by the M~ssour~-Kansas-Texas Railroad Company, and obtain a crossing l~cense therefrom; THEREFORE, the Mayor of the C~ty of Denton ~s hereby authorized to s~gn and execute that certain P~pe L~ne L~cense Agreement dated the 16th day of February, 1970, by and between sa~d Railroad Company and the C~ty of Denton, which agreement is attached hereto and incorporat- ed here~n by reference, and which slgnlng shall be an official act of the C~ty, which accepts the terms and conditions thereof. PASSED AND APPROVED thls 24th day of February, A. D. 1970. L. A. ~0~' ~ YOUR CITY OF DENTON, TEXAS ATTEST~ BRiO~ HOLT, CITY SECRETARY C~!~Y, OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BE IT I~)LV~D BY THE CO~NCZ~ OF THE CI~ O~ tO in~all a pA~ ~ve~ under ~ ~u~ pro- y ~ O~ ~lled by ~e ~ssour~-Xansas-~$ 7 ~; ~ ~Se A~e~2 d~d ~e lG~ ,d~ o~ Februa~, 1970, n~, ~ ag~n~ ~ at--aG here~ ano AT'ST, I~DUSTR¥ COPY Form 179 Revised 11 1959) Pipe Line License AGREEMENT, made this 16th day of February. A D 19 70between MISSOURI-KANSAS-TEXAS RAILROAD COMPANY_ hexe~nafter called "Lmensor," and CITY OF DENTON ~ .address Denton State of Texas hereinafter called "Licensee" 1 In conmderaUon et ONE AND NO/10Cl (~I_OR)BOLI,AR hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Lmensor hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main- tain, and operate ann pipe hne , hereinafter called the "Crossing," not exceeding inches in dmmeter to be used for carrying storm sewalze across or along the right of way or other grounds constituting a part of Licensor's railroad at or near the Station of Denton ~n the County of Denton and State of. ~loxas Said thirty ($0") inch stor~ sewer line crosses said Rail- road Company's premises at an angle of 78 degrees 29 mxnutes, moro or less, measured to the loft, southwesterly, from the center l~ne of said Raxlroad Company's I C.C. Track No. 36 opposite milepost K-722.8, being sa~d track valuation chaining station 6 plus 39, distant 1 foot, more or less, measured south- westerly along the center line of said track from the center lxne of a 3 foot x 3 foot x 28 foot reznforced concrete box at Chaxnxng Station 6 plus 38. Said proposed 30" pipe culvert's flow line to be 3.0 feet belo~x exzstzng box culvert. Said pipe hne shall be encased m a larger pipe where it passes under any radroad track and fei at least ten (10) feet on each s~de of the centm line of any such track 2 The crossing shall be laid and maintained at the sole cost of L~censee m a manner and w~th material satisfactory to L~censor's Chief Engineer, with ltq top at least four (4) teet below the bottom of the nos under the track, and at least two (2) feet below the surface of the ground elsewhere, so it will not interfere with the safe operahon of said radroad or cause damage to said Lmcnsor's premises If Imensee shall fad to make necessary repairs to sa~d crossing w~thm thirty (30) days after no- t,ce from Licensor so to do, Licensor may make such repmrs as the agent and at the cost and risk of L~ceosce, and Licensee shall, upon demand, reimbulse to Licensor all such cost w~th ten per cent (10%) thereon as a charge for supervlmon, accounting and use of tools But fadure et L~censor to make such lepmrs shall not release Lmensee from bablhty for mjul) or damage iesultmg therefrom 3 If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall at any time, In the judgment of Licensor, interfere with any use L~censor may desire to make of sa~d prem lsei, or with the safe or convenient operation of its business, or if Licensee shall fall to keep any of Ll- censtc s covenants herein, Licensor may cancel and terminate this contract on giving to Licensee not less than ten days (10) days' advance written notice of its desire and intention so to do 4 Upon the termination of this agreement, whether ~n accordance with the plowsions of Paragraph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's premises, and restore said premises to their prior condition or to a condition satisfactory to Licensor's Chief Engineer, and if Licensee shall fail to remove said Crossing within thirty (30) days after the term~nation of this agreement Llcenor may remove the same and restore smd plemlses as herein provided as the agent and at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten per (10%) thereof as a charge for supervision, accounting and use of tools, w~thm ten (I0) days after demand therefor 5 L~censor shall not be liable for any damage to smd Crossing or the contents thereof howsoever such damage shall be caused, whether by the negligence of LIcensm, its agents, servants, m employ, es, or otherwise Licensee assumes the risk of, and shall protect, indemnify and save harmless Licensor from and against all habdlty for or on account of, injury to or death of persons or damage to property, ~nclud- ng hve stock killed or injured, resulting from or incident to the construction, mmntenance, use, operation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoratmn of or failure to restore said premises to their prior or other condition as hereto provided, whether such injury, death or damage shall be caused or contributed to by the negligence of L~censor, its agents, servants or employes, or otherwise Licensee shall not have or make against Licensor any claim or demand for or on account of any damage L~censee may suffer or sustain because of any failure of I lcensor's title to the right of way and lands occupied by said Crossing or any part thereof 6 This agreement shall bind and inure to the benefit of the parties hereto, their successors and as- signs, or heirs, executors and administrators, but Licensee shall not assign the same without the written consent of Licensor This agreement shall take effect the 16th day of February , 19 70 and unless terminated as above provided, shall continue ~n force for one (1) year and thereafter until terminated by one of the parties giving to the other not less than thirty (30) days' advance no t~ce in wrmng of an intention to terminate the same, the agreement to terminate upon the expiration of such notice In TESTIMONY WHEREOF, witness our hands, this the day and year first above written MISSOURI-KANSAS-TEX~ CITY OF DENTON Attest ~ ~ Title Mayor e Address }duni cipal Building bcnton, Texas 76201 File' T-18753