HomeMy WebLinkAboutResolution - 2011-R0171 - Right Of Way Agreement - Lyntegar Electric Cooperative Inc. - 04/28/2011Resolution No. 2011—RO171
April 28, 2011
Item No. 5.5
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, a Right -of -Way Agreement, by and
between the City of Lubbock and Lyntegar Electric Cooperative, Inc., and 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 City Council.
Passed by the City Council on April 28, 2011
<7TIti, lq;�L4
TOM MARTIN, MAYOR
ATTEST:
Rebec6 Garza, City Secret
APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operations Officer
Gir.-, &27-��
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
ChaeWeaver, Assistant City Attorney
vw:ccdocs/RES.Agreement-Lyntegar Electric Coop, Inc.
January 25, 2011
City of Lubbock
Attn: Dave Booher
Right -of -Way Agent
P.O. Box 3000
Lubbock, Texas 79457
S'T'ATE OF TEXAS
COUNTY OF GARZA
File and Return to Resolution No. 2011-RO171
Dave Booher R.O.W,
City of Lubbock
Locaiicmi Nkiinher
EASEMENT AND RIGHT-OF-WAY
KNOW ALL MEN BY THESE PRESENTS:
I" " •!:
That the undersigned, City of Lubbock. (hereinafter called "Grantor".. whether one or
more) for goad and valuable consideration received by Grantor from I_yntegar Electric
Cooperative, Inc., a cooperative corporation, duly organized and existing under the laws of the
State of Texas, (hereinafter called the "Cooperative*), the receipt and sufficiency of which is
hereby fully acknowledged and confessed, has granted, sold and conveyed and does hereby
grant. sell, and convey unto the said Cooperative, its successors and assigns a right-of-way and
easement for the purpose of constructing. reconstructing. maintaining, repairing, operating.
replacing and removing electric transmission and distribution lines or systems, either or both.
and for the purpose of laying, constructing, reconstructing, maintaining., repairing, operating,
replacing and removing underground electric power lines together with all necessary and
convenient fittings and appliances incident thereto, for the transmission and distribution of
electricit%. in, on, over, across, under and through the following described lands and premises of
Grantor lying and being situated in Garza. County, Texas, and more fully described in Exhibit
"A" attached hereto and incorporated herein for all purposes, and in, on, over, across, under and
through all streets, reads or highways adjacent to or abutting said lands and premises.
Cooperative, it successors and assigns, shall have the right to select the route of such lines and to
do any and all things which may be requisite For the enjoyment of the rights herein granted.
The Cooperative shall have all other rights and benefits necessary or convenient for the
full enjoyment and use of the rights herein granted. including. but without limiting the same to,
the right of ingress and egress in, on, over and across Grantor's adjacent land and premises to
and from the same.
Grantor agrees that all poles, wires. lines, fittings, appliances, facilities and other personal
property installed in, on, over or under said lands and premises by the Cooperative shall remain.
the property of the Cooperative and shall be removable at its option.
Grantor covenants and agrees that no water shall be impounded nor any building or other
structure of any type whatsoever will be constructed within any distance from said electric lines
prohibited by the National Electric Safety Code or any applicable law, as either of the same now
exists or may be amended in the future, and that this shall be a covenant running with the land.
and shall be binding upon Grantor, Grantor's heirs and assigns. Cooperative shall have the right,
from time to time, to cut, trim and to keep clear all trees, shrubbery, undergrowth and other
obstructions on or over said right-of-way and easement that may, or may threaten to, injure,
endanger or interfere with the operation, maintenance or use of such electric lines or the fittings
or appliances appurtenant thereto. Cooperative shall have the right to license, permit, or
otherwise agree to the joint use or occupancy of such lines or systems by any other person,
association, corporation or legal entity for electrification or telephone purposes.
To have and to hold said right-of-way and easement unto the said Cooperative. its
successors and assigns: and the Grantor does hereby bind Grantor. Grantor's heirs, executors and
administrators to warrant and forever defend, all and singular, the said premises unto the said
Cooperative, its successors and assigns, against every person whomsoever lawfully claiming or
to claire the same or any part thereof.
WITNESS THE EXECUTION OF THIS INSTR1_1MI:NT this - 28th____ day of
April , 2011. �_
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GRANTOR:
CITY OF LUBBOCK
By:
TOM MARTIN. MAYOR
X11 .
ATTEST;--
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Re e,: a Garza. C'it,7 Sccretal.-%. I =
APPROYELYAS
Da,e Boolier.. Right-of-WayAgent
Mlars is Reed.. P.E- Chief Operations Officer
APPRtiVl-D.AS ll-) hORNI.-
Chad Wcmer..As,sistant City Attornc,'
THE STATE OF TEXAS
COUNTY ()F I.VRBOCK
GRANTEE:
LYN`['ECAR ELECTRIC
('0011?RATIVE, INC.
By: — >
`Jame: Doss
Title:
The I'o1VLi'o111� 111Strll111011 „a� .ILkniF„lc'sl iii heli,re me oil the Q day k,l
t* t t _. 201 l . IN, I i 1�I \1.11t'l 1N. 111a,°{fr cif ('it,' ��f I itl�hi7cl:.
ELISA SANCHEZ
Notary Public, State of Texas
My Commmlon Exp fest 1-07.2011
I'l II STA I'l ( I'l .AAS
COUNTY OF _,{ 1v\v'\
U4��s
Notar, Public. State of"I-e S
Printed Name: �f �- &Inchift
Commission Expires: J/- a I: gyp tr1
'File instruillci t "as acknowledLed he[oi-e ine oil the I.I day of
AprA •le- kwc�a-() I l , bN /�l%.► EIS -c-4 En mgw- of Lyntegar
hlCcIriL: C' 1) 1) pc ra[i,C. Tne.
otY AUSMike Allen
=
NOTARY PUBLIC
' STATE OF TEXAS Notary PUNIC. State of ''exas
Y /
F My'CMW. J*5,20i4 Printed Name:
Commission Fxpires: 07 05—tro1
c had i:aucnre:nts,I 1n1cgar 141cnient
,Prrl I, 2011
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PLAT OF SURVEY
ON
A 0.138 ACRE ELECTRICAL EASEMENT OUT OF A 9.00 ACRE TRACT
BEING LOCATED IN SECTION 1224, W.C. YOUNG SURVEY.
GARZA COUNTY, TEXAS
_ EXHIBIT I
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9.0 AC, `D i
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SECTION 1224 S.F. 08373 j
W.C. YOUNG SURVEY +• i
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S 880 25'52" E ;
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PROPOSED a r ! e
L, I IRANSFORMER�.
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C11Y GF LU(39OCK I }i' l if T Ufliv Ii I•. I
LLL ELLCTRIC..
k
vDI. 317,9. PG 579 I I
aai 0.138 AC. o
st � I st I I
IRON ROC *,I,, C ^u' Ino o I
I S.F. cop 9 As: I
2� I • f D. r/7- ROD w/CA*
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10_ r ,
R 9 AC
F w'/2"Rai? WiCAG Irk KINNL1H r MOr+' ,'.1WFu:;• /% t I f
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R` , B.
I HS 'T Tier S E 4, 0'P j I
C11 5.17 r 8373 PFARS
N 84` n xu" E 175.64' AND
v, 1" 21'57 W. 9` 3 95'
7IELG NOTF`- c;,rl cl G.t38 (sere trait n` iarA oui of a <i.0 acre tract bring 10LOted Irl Section 1724, W.C. "dung Surve),,
uorzo rCoe,nty, ; eAcs and being more perticularly des:,!6e%1 by metes and hounds as follows:
"E:.II'ANG at c 4;" iron roa with cap, set or the South line of a 9.0 ':acre tract for the Southeast corner of th,s 0.138
re e:;sen er'l, wker+.cw the Sot theast corner of S F- *8373 bears North 84'42'36 East, a distance of 175.164 feet one
h I`: 1' West, a dstance: o: 9`,'3.95 feet:
THENCL `_i_•_,t ci''-` 4�?'36" West, along the South I;ne of sed -1.;• Ucre tract, a distance of 46.34 feet to n '/2" iron ro
with cap, ;e: lI.• =I_. trwc�,l co:•ner of this 0.138 acre ease,~<r±:
THENCE North I" 54'08 East, ; distance of !33.40 feet fo a ',?. iron rod with cap, set for the No+thwesf rorner Cf
this 0.138 acre easement.
THENCL Sproul P,Fi° 25'`1 East, o d starce of 4£+.17,:1 fr•F• I o 1/2" irr_,r, rod w th cop, set for the Northeast corer n°
this 0.138 cct e easement;
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fHLN(jF Scisth I' j4'EjF3" yyr_;t. CT distance c: fry;4;� ? =P point r.,f berginr;:v,;1
JN d ANN(, 1- , oci es of Iaric � L � s � ` N
s ,.Yq FILED FOR RECORD
2014 -3y 0 at 03. B� �.
l .......................r ; -_rim Plimmer, County ClerkGARY D. VAMI'
r ... ..........• . 1 R3 A CO ttS9 i. -rL A 3 �'�r M .._y
f I " of By- LrrF`i 11 J
D-ute
Ail NCrtlr ng5 ancf E aslings shay arepr , ect (Gordina�
S
Mrd rav be converted to Texas `;Icte "one Coordinates,
dc:rth C.en! r47one, NAD83 by d'v'A,nq by c starIoce SCALE:',.f t' REV15lpN: P
LAT DATE 3
ar, ust Hent r,ac for ;f 1.{}002:59f CLIENT C i:'r t t I3i;f`rr r
411 dIllcmt:e:, showrl oI e s-ur ioce c.slory e DRAWN BY:
SURVEY DATE:
Ht orings shown are grad bear',ngs bnserf 01-1 !-Ie e -a= SURVEYED BY"�A : rV1L`:'. '. CHECf<ED BY: NEL .i-tt'
FILE' ., -A ��. �- , -
,ADF ~lane C :gar i nate .` yntem, IVort 1 Centra? Ione=, FILE N0. F SHEET 1 OF 1
NAL)t�..; Lllatt,r-n.
'his survu?y and allinlc—it'v) hereon is lop I.he excluBve rase of Hai -itch Inc % GPS 9M'iOR .K
CITY OF LUBBOCK 3330 Tom ST. Surf 202 • LUS8001. I . 19413
and shai.nct he raped or u�Pd Nxcea,l +cu the pi,r.,o5e far whirl, ISM) 7W 0020 • FAx t8%) 792-1646
It is erp>essly !urrnsrled triIs cawing and QV-Ople3 tparhoior
cc-plete) shallbe returnec to the owner upon demand. F H• .1 `. 47