HomeMy WebLinkAboutResolution - 2011-R0010 - Agreement- HV Wheeler Partnership, Stuart Swanner- Easement Initial Construction - 01/13/2011Resolution No. 2011-R0010
January 13, 2011
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the execution by the Mayor of the City of Lubbock of an Agreement on
initial Construction by and between the City of Lubbock and the H. V. Wheeler
Partnership and Stuart Swanner in connection with that certain easement in Garza
County, Texas, described in Resolution No. 2010-RO356 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
APPROVED AS TO CONTENT:
Marsha Reed, P.E.. Chief Operation Officer
Dave Booher, Right -of -Way Agent
ty Attorney
Res-Agrmnt-I IV Wheeler Partnership 12 30 10
Resolution No. 2011-R0010
AGREEMENT ON DAMAGES
RELATED TO INITIAL CONSTRUCTION
STATE OF TEXAS
COUNTY OF GARZA
Date: December 10th , 2010
Land Owner. H.V. WHEELER PARTNERSHIP
Tenant: STUART SWANNER
Property: 269.2 acres, more or less, out of Survey 1259, Certificate No. 169, John H. Gibsof
Survey, Abstract No. 309, Garza 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 Thousand Six Hundred Twenty -
Five and 80/100ths Dollars ($20,625.80) for crop damages related to the initial construction of the Pipeline System and
Four Thousand Six Hundred Twenty -Nine and 68/100ths Dollars ($4,629.68) 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 S5' 156- 4S to be paid to the Land Owner and $15,469.35 to 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:
H.V. WHEELER PARTNERSHIP, a Texas General
Partnership
Byca
FERREL D. WHEEL R, Partner
Parcel 35 -Agreement as to Initial Damages Page 1
CITY OF LUBBOCK:
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By: 10 1A M 40 -r I Al i ; --MAv
Its: MAYOR
ATTeST:;
RebkbaGdrza. itySecr t
,
Marsha Reed, P.E., Chief Operati ns Officer
STATE OF TEXAS §
COUNTY OF LUBD R §
This instrument was acknowled f me on 2010, by Ferrell D. Wheeler, in his
capacity as Partner of H.V. Wheeler Pa e a Texas G era rship.
Cr kOTTE CUMMING o u ' , t
Duofic, state of Texas , jt
mm,ssion Expires 04192013 Printed Name of otary a
�_..,T..,.. My commission expires:
STATE OF TEMA& §
COUNTY OF §
This instrument was acknowted o e d , 2010, by Stuart Swanner.
CHARLOTTE CUMMIN ffof
o o /yl� ,
Notary Publi:. State of Texas P ted Name Notary
r My Cnmm,�;inn r�pires 041920 commission expires:
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on f' , 2010, by TOM MARTIN on behalf of the
City M't off, xas Home Rule Corporation on behalf of said Texas Home Rule Corporation.
CELIAVVE88 Not Public totte ofd_
Plole7►RM sodTaw t'.io A Vl,�bb
1Ny00imi�bnptpfng012pf4 Panted Name of Notary
My commission expires: 3-0 -
Parcel 35 -Agreement as to Initial Damages
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