HomeMy WebLinkAboutResolution - 2011-R0063 - Agreement On Damages Related To Initial Construction Royce Heinrich - 02/10/2011Resolution No. 2011—R0063
February 10, 2011
Item No. 5.9
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 Royce Heinrich in connection with an easement in Lynn 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
ATTEST:
Garza, City Secretary
APPROVED AS TO CONTENT:
;a
ni %n % Al n 4 ll� Il G
Marsha Reed, P.E., Chief Operation Officer
Dave Booher, Right -of -Way Agent
(APPROVED AS
February 10, 2011
TOM MARTIN, MAYOR
Res-Agrmnt-Royce Heinrich
February 2, 2011
Resolution No. 2011-80063
AGREEMENT ON DAMAGES
RELATED TO INITIAL CONSTRUCTION
STATE OF TEXAS
COUNTY OF LYNN
Date: January 28, 2011
Land Owner ROYCE HEINRICH
Property: W12 of Section 7, Block J, Abstract No. 270 of the John H. Gibson
Survey, Lynn County, Texas
The City of Lubbock ("City") has this date 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 Thirty -Nine Thousand
Eight Hundred Fifty -Seven and 64/100ths Dollars ($39,857.64) for crop damages related to the initial
construction of the Pipeline System and Thirty Thousand Seven Hundred Fifty -Seven and 94/100ths
Dollars ($30,757.94) 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. All crop and equipment damages related to the initial construction of
the Pipeline System shall be paid to Landowner.
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.
LAND OWNER:
4
YC EINRICH
Parcel 50 -Agreement as to Initial Damages Page i
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CITY OF LUBBOCK:
By:_r�
TOM MARTIN, Mayor
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Rebec a Garza, City Secretary
Marsha Reed
Chief Operations Officer
APPROVED
Ryan! B
Gra
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on January,, 2011, by ROYCE HEINRICH.
Notary's Seal, Printed Name,
and Expiration of Commission: f
N tary P�thlri , ate o
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on r 0 , 2011, by TOM MARTIN
on behalf of the CITY OF LUBBOCK, a Texas Home Rule Corporati n on behalf of said Texas Home
Rule Corporation.
Notary's Seal, Printed Name,
E pi a r of C m i sign:
ELISA SANCHEZ
Notary Public, State of Texas
My Commission Expires 11-07.2011
Notary Public, State of Texa
Parcel 50 -Agreement as to Initial Damages Page 2
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