HomeMy WebLinkAboutResolution - 2011-R0061 - Agreement On Damages Related To Initial Construction - Bednarz - 02/10/2011Resolution No. 2011-R0061
February 10, 2011
Item No. 5.7
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 with Idalee Bednarz, Rodney Bednarz, and David Bednarz in
connection with an easement in Lubbock County, Texas, 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 February 10, 2011
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TOM ART , MAYOR
ATTEST:
Garza, City S
APPROVED AS TO CONTENT:
Marsha eed, P.E., Chief Operation Officer
X'-I?�
Dave Booher, Right -of -Way Agent
APPROVED O.
I ®R �'
Res-Agrmnt-ldalee Bednarz
January 31, 2011
Resolution No. 2011—R0061
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AGREEMENT ON DAMAGES
RELATED TO INITIAL CONSTRUCTION
STATE OF TEXAS
COUNTY OF LUBBOCK
Date: January,�W, 2011
Land Owner and IDALEE BEDNARZ
Life Tenant:
Tenants: RODNEY BEDNARZ and DAVID BEDNARZ
Property: W12 of NW14 of Section 28, Block 24, Abstract 1272, HE&WT Ry. Co.
Survey, Lubbock County, Texas
W12 of SW/4 of Section 29, Block 24, Abstract 404, HE&WT Ry. Co.
Survey, Lubbock 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 and Tenants 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 Fifty -Four Thousand
Eight Hundred Twenty -One and 28/100ths Dollars ($54,821.28) for crop damages related to the initial
construction of the Pipeline System and Forty -Four Thousand Six Hundred Eighty -Seven and 91/100ths
Dollars ($44,687.91) for equipment damages related to the initial construction of the Pipeline System, and
upon receipt of that payment the undersigned Land Owners and Tenants 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 as follows: Thirteen Thousand Seven Hundred Five and 32/100 Dollars
($13,705.32) to be paid to Land Owner and Life Tenant, and Forty One Thousand One Hundred Fifteen
and 961100 Dollars (41,115 96) to be paid to the Tenants. The equipment damages related to the initial
construction of the Pipeline system shall all be paid to the Tenants.
The receipt and release referenced above shall not discharge City from any future claims or
causes of action that Land Owners or Tenants, their heirs, legal representatives, successors or assigns,
may have against City, its contractors, invitees, employees, agents or representatives, for crop and/or
equipment damages arising out of or resulting from City's activities and operations on the Property after
initial construction.
Parcel 35 -Agreement as to Initial Damages PE
DocID 167962 v.l
ATTEST:
lk—ebeca Garza, City Secretary
Marsha Reed
Chief Operations Officer
STATE OF TEXAS
COUNTY OF LUBBOCK
LAND OWNERS - TENANTS:
IDA LEE BE NARZ, Land Owner and t
Life Tenant
ODNEY BEI-INAIRZ, Tenant
DAVID BEDNARZ, TeQanV
CITY OF LUBBOCK:
By.
TOM MARTIN, M yor
Terry Grant m
Attorney
This instrument was acknowledged before me on January10 , 2011, by IDALEE BEDNARZ.
Notary's Seal, Printed Name,
and Expiration of Commission'. I &
Notary Public, State of Texas
Parcel 35 -Agreement as to Initial Damages
Doc ID 16796? v.I
PZ
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on January,", 2011, by RODNEY BEDNARZ.
Notary's Seal, Printed Name,
and Expiration of Commission:
STATEOFTEXAS §
COUNTY OF §
�'^
This instrument was acknowledged before me on Januam / / 2O11. by DAVID 8EDNARZ.
Notary's Seal, Printed Name,
and Expiration of Commission,
STATE OFTEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged
MARTIN on behalf ofthe City of Lubbock, a
Home Rule Corporation.
Notary's Seal, Printed Name,
and Expiration ufCommission:
State of TOM
Parcel 35 -Agreement as to Initial Damages
DOCid 167962 V. I
before mm on TOM
S qT6
Notary Public, State Of Texas