HomeMy WebLinkAboutResolution - 2011-R0009 - Agreement - Damages Related To Initial Construction - 01/13/2011Resolution No. 2011-R0009
January 13, 2011
Item No. 5.13
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Agreement on Damages Related to
Initial Construction in connection with the easement in Lynn County, Texas, described in
Resolution No. 2010-R0499, and all related documents. 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
ATTEST:
i
@�6 Rebecca Garza, 6ty Secret ry
APPROVED AS TO CONTENT:
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Ma sha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way
Agent
I APPROVED AS TO FORM:
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TOM MARTIN, MAYOR
ity Attorney
Res-Agrmnt-mitral construction easement 12 29 10
AGREEMENT ON DAMAGES Resolution No. 2011-80009
RELATED TO INITIAL CONSTRUCTION
STATE OF TEXAS
COUNTY OF LYNN
Date:_ 17 , 2010
Land Owner: GAYLON BUXKEMPER and wife, BARBARA BUXKEMPER
Property: 100 acres, MORE OR LESS, OUT OF Section 2, Block O, D&W RR Co. Survey, Lynn
County, Texas, beings the same land conveyed to L.W. Simmons by Roy Cox, et ux, by
Warranty Deed dated January 3, 1940, recorded in Volume 69, Page 32, Deed Records
of Lynn County, Texas
The City of Lubbock ("City") has heretofore obtained an Easement Agreement ("Easement") 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 Twenty -Four Thousand Five Hundred
Eighty -Three and 68/100ths Dollars ($24,583.68) for crop damages related to the initial construction of the Pipeline
System and Twenty -Seven Thousand Three Hundred Seventy -Two and 66/100ths Dollars ($27,372.66) for equipment
damages related to the initial construction of the Pipeline System, and upon receipt of that payment the undersig ied 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 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 O ER:
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YLON UXKEMPE
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B RBARA BUXKEMPER
CITY OF LUBBOCK:
By: TOM MARTIN
Its: Mayor
Parcel 58 -Agreement as to Initial Damages Page 1
STATE OF TEXAS §
COUNTY OF Lub8octL §
This instrument was acknowledged before me on jkcemDE /7 , 2010, by GAYLON BUXKEMPER.
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Notary Public, State of Texas
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Printed Name of Notary
My commission expires: Ci -,21-•W/'/
STATE OF TEXAS §
COUNTY OF Lu(3 Bbc(Z §
This instrument was acknowledged before me onQECCm&-7z i l 2010, by BARBARA BUXKEMPER.
N_qry Public, State of Texas
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Printed Name of Notary
My commission expires:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on of 3 , 2010, by TOM MARTIN on behalf of the
City of Lubbock, a Texas Home Rule Cormationon behalf of said Te as Home Rule Corporation.
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NAY Public tate of
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Printed Name of Notary
NotaryPublic,StateOfTexas My commission expires: 7'
>, M My Commission Expires 1107 2011
Parcel 58 -Agreement as to Initial Damages Page 2