HomeMy WebLinkAboutResolution - 2011-R0011 - Agreement - Damages Related To Initial Construction - Mildred & Johnny Denzer - 01_13_2011Resolution No. 2011-R0011
January 13, 2011
Item No. 5.15
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the execution by the Mayor of the City of Lubbock on Damages Related to
Initial Construction by and between the City of Lubbock and Mildred Denzer and Johnny
Dale Denzer in connection with that certain easement in Lynn County, Texas, described
in Resolution No. 2010-RO501 is hereby authorized, directed, and ratified by the City
Council of the City of Lubbock for all purposes. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council on January 13, 2011
TOM MARTIN, MAYOR
ATTEST:
City
(APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
ity Attorney
Res-Agrmnt.Mildred M Denrer 12.30.10
r • - AGREEMENT ON DAMAGES Resolution No. 2011-R0o11
RELATED TO INITIAL CONSTRUCTION
STATE OF TEXAS
COUNTY OF LYNN
Date: D _c _ether 10 .2010
Land Owner. MILDRED DENZER, as her sole and
separate property
Tenant: JOHNNY DALE DENZER
Property: 236.41 acres of land out of Section 4, Block O, D&W RR Co. Survey, Lynn County
Texas, being that portion of Section 4 lying north and west of FM 400
The City of Lubbock ("City") has heretofore obtained an Easement Agreement ("Easemenr) over and across the
above described Property granting to the City the right to survey, construct reconstruct, install, upgrade, operate, inspect,
maintain, alter, relocate, replace, repair, and remove, within the boundary of the Easement, pipelines, conduits, drain
(blow -off) valves, valve boxes, meters, meter boxes, vents, manholes, manhole covers, corrosion monitoring test stations,
pipeline markers, fence gates, impressed current deep well anode stations with power supplies, flow meters, system
communication lines and splice boxes, pipeline trail road on non cultivated areas, and equipment and facilities related
thereto, a pipeline for the transportation of untreated potable water ("Pipeline System").
In connection therewith, City has agreed to pay the undersigned Land Owners for crop and equipment damages
relating to the initial construction of the Pipeline System.
NOW, THEREFORE, the City and Landowner agree that the City will pay Forty -Three Thousand Four Hundred
Fifty -Three and 02/100ths Dollars ($43,453.02) for crop damages related to the initial construction of the Pipeline System
and Thirty -Five Thousand Three Hundred Fifty -Eight and 41/100ths Dollars ($35,358.41) for equipment damages related
to the initial construction of the Pipeline System, and upon receipt of that payment the undersigned Land Owner will
release and discharge the City from all claims, demands, or causes of action for crop and equipment damages resulting
from the initial construction of the Pipeline System. The crop damages related to the initial construction of the Pipeline
System shall be paid with Ten Thousand Eight Hundred Sixty Three and 25/100 Dollars ($10,863.25) to be paid to the
Land Owner and Thirty Two Thousand Five Hundred Eight Nine and 77/100 Dollars ($32,589.77) to be paid to the Tenant.
Additionally, the equipment damages related to the initial construction of the Pipeline System in the amount of Thirty -Five
Thousand Three Hundred Fifty-Elght and 41/100ths Dollars ($35,358.41) shall be paid to the Tenant.
The receipt and release referenced above shall not discharge City from any future claims or causes of action that
Land Owner, his heirs, legal representatives, successors or assigns, may have against City, its contractors, invitees,
employees, agents or representatives, for crop damages arising out of or resulting from City's activities and operations on
the Property after initial construction.
LAND OWNER:
MILDRED DENZER, as her sole
and separate property
TENANT:
JOHN DALE DENZE
CITY OF LUBBOCK:
By:
Its:
Parcel 56-Agreement as to Initial Damages
Page 1
ATTEST:
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Marsha P.E., Chief perati ns Officer
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This Instrument was acknowledged before me on 2010, by TOM MARTIN on behalf of the
City of Lubbock, a Texas Home Rule Corporation on behalf of said Texas Home Rule Corporation.
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Parcel 56-Agreement as to Initial Damages Page 2