HomeMy WebLinkAboutResolution - 2206 - Easement - Texas A&M University - Water Transmition_Distribution Line - 12_12_1985Resolution #2206
December 12, 1985
Agenda Item #37
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RESOLUTION
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 Water
Transmission and/or Distribution Line Agreement to be entered into by and
between said City of Lubbock and the Board of Regents of Texas A&M Univer-
sity System to serve the Texas A&M Extension Center, Lubbock, Texas,
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 12th day of December , 1985.
ALAN HENRY, MAYOR
ATTEST:
Nanette Nyd, Uity Secretary
APPROVED AS TO CWNT:
Sam Wahl, Director o
Utilities
APPROVED AS TO FORM:
r _
J. W r h Fullingim, Assistant CTty
Atto ey
Resolution #2206
WATER TRANSMISSION AND/OR DISTRIBUTION LINE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
1. That the Board of Regents of The Texas A&M University
System, hereinafter called "Board", acting by and through its
Chancellor, duly authorized by Board Minute Order No. 2g-78 of
the Board, for and in consideration of these presents, hereby
grants unto the City of Lubbock, Texas, hereinafter called
Grantee, a water transmission and/or distribution line easement,
covering strips of land ten feet (10') in width, along with the
right to construct, maintain, repair, replace and rebuild such
water transmission and/or distribution line on and across the
following described land located in Lubbock County, Texas to
wit:
BEING ten foot (10') wide strips of land all a
part of the north one-half of Section 36, Block
A, Lubbock County, Texas and being a portion of
the called 186.6 acre tract described in a deed
dated October 31, 1959 from A.E. Griffis, et ux,
to the Board of Directors of the Agricultural
and Mechanical College of Texas, recorded in
Volume 772, Page 433, Deed Records of Lubbock
County, Texas, and lying five feet (5') on
either side of the following described center-
lines, save and except for those locations
wherein the centerline lies within five feet
(51) of permanent buildings, in which instances
the easement shall run to the edge of the
building, with the land lost on that side of the
centerline to be added onto the other side of
the centerline to retain the ten foot (10')
width:
TRACT ONE: BEGINNING at a point 2176 feet west
and 513 feet south of the northwest corner of
Section 36;
THENCE West 700 feet to a point;
THENCE South 2130 feet to an ending point.
TRACT TWO: BEGINNING at a point 1460 feet west
and 50 feet south of the northeast corner of
Section 36;
THENCE South 690 feet to a point;
THENCE West 831 feet parallel to the south side
of existing paved road to a point;
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THENCE North 705 feet parallel to east side of
existing dirt road to a point 814 feet west of
the point of beginning.
TRACT THREE: BEGINNING at a point 1935 feet
west and 50 feet south of the northeast corner
of Section 36;
THENCE South 42 feet to an ending point.
TRACT FOUR: BEGINNING at a point 1460 feet west
and 219 feet south of the northeast corner of
Section 36;
THENCE West 135 feet to an ending point.
TRACT FIVE: BEGINNING at a point 1583 feet west
and 740 south of the northeast corner of Section
36;
THENCE North 32 feet to an ending point.
TRACT SIX: BEGINNING at a point 2179 feet west
and 513 south of the northeast corner of Section
36;
THENCE North 8 feet to a point;
THENCE East 30 feet to an ending point.
2. It is agreed that Grantee shall place upon TRACT ONE
only the eight inch water system called for in the
Specifications and Contract Documents for Furnishing and
Installing Water Lines, Texas A&M Extension Center, Lubbock,
Texas, 21-0001-14800-007883 (hereinafter, the "Plan"). It is
further agreed that Grantee shall place upon TRACTS TWO through
SIX only the six inch fire protection loop called for in the
Plan.
3. A temporary construction easement fifty feet (50') in
width is hereby granted which covers a strip of land twenty-five
(25') feet wide on each side of the centerline of the easements
granted herein, save and except for those locations wherein the
centerline lies within twenty-five (25') feet of permanent
buildings, in which instance the easement shall run to the edge
of the building, with the land lost on that side of the center-
line to be added on to the other side of the centerline to
retain the fifty foot (50') width. The term of the temporary
construction easement shall expire upon completion of the
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installation of the water transmission and/or distribution line.
4. It is agreed that when the water transmission and/or
distribution line intended by this instrument is placed on the
land, Grantee shall prepare a survey of the actual location of
the easement, according to as -built measurements, and submit the
survey and field note description to the Board. The survey and
field note description shall be labeled "Exhibit A" and shall be
attached to and made a part of this Agreement. Thereafter the
course and location of the easement shall not be changed except
by agreement of the Board.
5. This Easement is granted in consideration of Grantee
constructing an eight inch PVC water system from its existing
water line near the FAA control tower located at the Lubbock
Regional Airport to the Texas A&M University Agricultural
Research and Extension Center at Lubbock (hereinafter called the
"Center") and a six inch fire protection loop at the Center,
both according to the Plan, and furnishing water to the Center
at commercial rates.
6. The Board agrees that Grantee shall be paid as
additional compensation a water utility access fee equal to the
cost of construction of the eight inch PVC water system and six
inch PVC fire protection loop, subject, however, to the restric-
tions set out in this paragraph. Grantee shall initially
receive after Grantee's acceptance of this agreement ONE HUNDRED
FIFTEEN THOUSAND TWO HUNDRED EIGHTY SIX DOLLARS AND SIXTY THREE
CENTS ($115,286.63), the estimated cost of construction. After
receipt of this amount and prior to commencement of construc-
tion, Grantee shall derive a price certain for the cost of
construction. If the price certain is ONE HUNDRED TWENTY
THOUSAND DOLLARS ($120,000.00) or less, Grantee shall begin
installation and, if the price certain exceeds the estimated
cost of construction, shall receive from the Board the differ-
ence or, if the estimated cost of construction exceeds the price
certain, shall refund to the Board the difference. If the price
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certain exceeds ONE HUNDRED TWENTY THOUSAND DOLLARS
($120,000.00), Grantee shall not begin construction, but shall
communicate the price certain to the Board. The Board shall
then have the option of declaring this agreement null and void,
in which instance Grantee shall release via appropriate written
instrument delivered to the Board all of its interest in the
easements granted herein and refund the ONE HUNDRED FIFTEEN
THOUSAND TWO HUNDRED EIGHTY SIX DOLLARS AND SIXTY THREE CENTS
($115,286.63), or of paying the excess of the price certain over
the estimated cost of construction, in which instance Grantee
shall begin construction.
7. Grantee is hereby granted the right of ingress and
egress to and from the temporary construction easement for the
purpose of preparing engineering plans and constructing the
water transmission and/or distribution line. Grantee is hereby
granted ingress and egress to and from the ten foot (10') wide
easement for the purpose of maintaining, repairing, replacing
and rebuilding the water transmission and/or distribution line.
All points of ingress and egress for construction equipment,
delivery of pipe and supplies, and construction personnel shall
be clearly marked during construction.
8. Grantee agrees to use its best efforts to install the
water transmission and/or distribution system according to the
plan between the dates December 1, 1985 and March 1, 1986.
However, Grantee shall not be prohibited from installing said
system on other dates so long as installation is completed by
April 1, 1986.
9. It is understood that Grantee may not construct, erect
or maintain any facility unless same is specifically provided
for in this agreement. Grantee may neither replace said line
with a larger or smaller line nor build another line alongside
of its first line or at another location without first having
agreement from the Board.
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10. Grantee shall own the water lines constructed pursuant
to the Plan and shall be responsible for their maintenance and
repair. Grantee shall not become owner of any water lines
already existing at the Center.
11. It is agreed that should other of Grantee's customers
tie in to the water system constructed hereunder, Grantee shall
pay to the Board any pro rata shares due and owing to the Board
pursuant to current Section 28 of the City of Lubbock Code or
its successor provisions.
12. Grantee agrees to bury the line provided for in this
agreement a minimum of thirty inches (30") depth of cover.
13. Grantee agrees to use its best efforts to preserve any
trees growing in the easement areas, both during and after
installation of the water system. Grantee shall be free to
consult with the Board's supervisory employees at the Center in
order to fulfill its obligation under this paragraph. This
paragraph shall not be construed to prohibit Grantee from
removing trees that will, in Grantee's opinion, actually inter-
fere with placement or maintenance of the water transmission
and/or distribution lines, but Grantee shall have an affirmative
duty to review alternatives that would prevent destruction of
trees and use those alternatives that are feasible.
14. It is agreed that if Grantee damages or destroys any
fences, roads, bridges, culverts, buildings or other property on
said land (other than the structures constructed by Grantee)
that said Grantee will within a reasonable time rebuild and
repair the same to the extent that they will be in as good
condition as they were before Grantee damaged or destroyed them.
15. If Grantee removes any pipes, or other equipment or
structures, it will fix and level as required by the Board the
land affected thereby so that said land will be as nearly as
possible in the same condition it was before Grantee entered
thereon.
16. It is expressly agreed and understood by the parties
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that The Texas A&M University System and its component parts are
agencies of the State of Texas and, as such, their properties
are wholly exempted from application of city building codes and
regulations. This Agreement shall not constitute a waiver of
the right to claim those exemptions by the Board on behalf of
The Texas A&M University System and its component parts.
17. Grantee shall indemnify and hold harmless the Board,
the State of Texas, The Texas A&M University System and its
component parts from any and all claims, suits and actions
brought on account of any injuries or damages sustained by any
person or property in consequence of any act, omission, neglect,
or misconduct on the part of Grantee or its employees, servants,
or officials in the manner or method of performing this Agree-
ment or in failing to perform this Agreement as agreed to by
Grantee.
18. It is specificially understood and agreed that this
grant is a grant of right-of-way easement only, and does not
grant the fee or any interest in the minerals, in and to the
land affected hereby.
19. Pursuant to Section 85.26, Paragraph C, Texas Education
Code, this grant of an easement is limited to a term not longer
than ten years and may be renewed thereafter at the election of
the Board.
20. The Board hereby expressly reserves for its use and for
the use of any part of The Texas A&M University System total
access to, across, and along the right-of-way herein granted for
its own operations or for those operations of contractors to
which it grants contracts, or to people who are employed by The
Texas A&M University System or any of its parts, such use to be
in common with that of Grantee.
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EXECUTED this12th day of
December , 1985.
BOARD OF REGENTS
THE TEXAS A&M UNIVERSITY SYSTEM
By: '6�
Dr. Arthur G. Hansen
Chancellor
ACCEPTED:
CITY OF CK
By:
AL HENRY, MAYOR
ATTAERBonCity Secr ar
APPROVED AS O CONTENT:
ah1 Director of Water
Utilities
APPROVED AS TO FORM:
1q, `'NA lt "
orth Fullingim, A istant
C't Attorney
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