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HomeMy WebLinkAboutResolution - 011465J - Easement - SPSC - Section 1, Block B, T.T.R&R Co. Survey - 01/14/1965.. II , BDS:kks RESOLUTION 0 I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an. easement to . Southwestern. Public Service Company attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of- January 1965. 01/2w/ �� MAX TIDDAORE, Mayor ATTE L La enia Lowe, Qjty Secretary -Treasurer APPROVED Fred O. Senter, Jr., �CAy Attorney THE STATE OF TEXAS ¢ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK � THAT the City of Lubbock, a Home Rule Municipal Corporation, of the County of Lubbock, State of Texas, acting herein by and through its Mayor heretofore duly authorized, for and in consideration of the sum of TEN AND N01100 ($10. 00) DOLLARS, and other goad and valuable consi- deration, to it in hand paid, the receipt of which is hereby acknowledged, has Ibis day GRANTED, SOLD and CONVEYED and by this agreement does GRANT, SELL and CONVEY to Southwestern Public Service Company, its successors and assigns, an easement for an electric power line upon and across the land now owned by the City of Lubbock and leased to Standefer & Gray. Inc., and located in the County of Lubbock. State:of Texas, described by metes and bounds as follows: A strip of land in Section 1, Block B, T. T. R &-R Company Survey, Lubbock County. 'Texas, being approximately 4.16 acres and extending 24 feet or. each side of the following described center line.- BEGINNING ine; BEGINNING at a point in the North line of Section 1, Block B, Lubbock County, Texas, which point .lies 60 feet West of the Northeast corner of said Section I,- THENCE ;^:t''HENCE South parallel to the East line of said`Section. a distance of 3774 feet more. or less to a point in the North tine of a 36.525 acre tract which is described in the instru- ment recorded in Volume 448, Page 488 of the Deed Records of Lubbock County, Texas, said point dying 60 feet West of the East line of said Section 1. This easement is granted subject to the reservation unto the City of Lubbock the right to enter upon, . over or across or under said land for the purpose of constructing and maintaining or repairing any of its utility lines owned and operated by the City, except its electrical system which facilities may be constructed across this easement but not within and parallel to the center lines and further subject to. the right of the City of Lubbock to execute easements to third parties for underground pipe lines and to use the surface for any purpose including agriculture, streets, alleys, parking and storage; provided however, that no building shall be constructed within the 48 foot wide easement. It is understood and agreed that the City of Lubbock will reimburse Southwestern Public Service Company for any adjustment in its facilities that are required by the exercise of these rights. Also, this easement is granted subject to the following conditions: 1. The Southwestern Public Service Company agrees and obligates itself by the .acceptance of this easement that it will indemnify by payment to the present tenant of the City of Lubbock, its succes- ore or assigns, the actual loss or damage to crops or leasehold interest which may be occasioned by the construction, operation or maintenance of the electric power line to be placed upon the easement herein granted. Inthe event the Southwestern -Public Service Company and the present tenant of the City of Lubbock, Its successors or assigns, fail to agree upon the amount of such damages, if any, then this grant shall not in any way constitute or be deemed to bar either party from any action at law or in equity to which t4ey may be entitled. 2. The Southwestern Public Service Company agrees further that by the acceptance of this easement that it will be obligated to keep all weeds and underbrush cleared from around all power line structures placed on said lands, and that in the event it fails to so do after written notice by either the City of Lubbock, or its tenant, that it will pay the City of Lubbock, or its tenant, any money expended to have said weeds and underbrush cleared from around the electric power line structures. 2. The Southwestern Public Service Company by the acceptance of this easement agrees that it will indemnify and hold harmless the City of Lubbock and its tenant against any and all damages, damage suite or claims which may be made against them which rise from the operation, maintenance, and construction of the electric power line upon the herein ,granted easement. 4. The Southwestern Public Service Company will use said easement for an &ctric power line which will consist of a variable number of conductors or wires, insulators, crossarms, and all other necessary power line devices, attached to, supported from, and a part of the necessary structures consisting of a. variable number of wood, steel, or other metal members of poles, props, guys, and anchors, and for no other purpose. 51 Southwestern Public Service Company, its successors and assigns, will have the right of ingress and egress over any adjacent lands owned by the City of Lubbock to and from the easement subject to the direction and supervision of the Director of Public 'Works of the City of Lubbock for the purpose of constructing, inspecting, patrolling, adding to or removing power lines, conductors, structures, and other devices and the right to relocate upon the easement. 6: The Southwestern Public Service Company must construct, and the company, its successors and assigns, must at all times maintainrthe power line in accordance with the National Electrical Safety Cade requirements and prsotices now in effect. 7. Southwestern Public Service Company, its successors and assigns, shall enjoy the rights, benefits and privileges herein conveyed only until such time as the electric power line may be abandoned and removed voluntarily at which times all right, title and interest in the above described easement will revert to the then property owner. 8. Southwestern Public Service Company is a public utility, ' s. corporation organized and existing under the laws of the State of New Mexico, having its main office and principal place of business in Amarillo, :Potter County, 'Texas. and any written notice required to be served upon said company shall be served by addressing such notice at the main office and depositing in the United States Mail. In case of default in the performance of any of the conditions herein, the Grantor shall notify the Southwestern Public Service Company of such default and intention to forfeit by written Notice at its principal place of business in Amarillo. Texas; and if ;such default is not cured or corrected within ten (10) days from date of receipt of notice, this easement may be for- feited at Grantor's discretion and Grantor's agent sor attorney shall have the right, without further notice or demand, to re-enter and remove from the premises all persons and property belonging to or connected with the South- western Public Service Companywithout being deemed guilty of any manner of trespass, and without prejudice to any remedies for damages resulting from breach of covenant. WITNESS OUR HANDS this14th day of January 1865. CITY K,1F' L BCJCK BY: AiAX 'TDMOffE, Mayor ATTEST: , Lavenia Lowe, City Secretary -Treasurer SOUTHWESTERN PUBLIC SERVICE COMPANY BY: President ATTJS ST: Secretary THE STATE OF TEXAS # COUNTY OF LUBBOCK Q BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared MAX TIDMORE, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1965, (SEAL) Notary Public, Lubbock County, Texas THE STATE OF TEXAS I COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared President of Southwestern P'ubiic Service Com any, a corporation, known to me to be the person whose name; is subscribed to the foregoing instrument and acknowledged to Mme that he executed the same, as the act and deed of SOUTHWESTERN PUBLIC SERVICE COMPANY a corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND !SEAL OF OFFICE this day of . 1965. (SEAL) Notary Fublic, County, Texas