HomeMy WebLinkAboutResolution - 022764D - Pipe Line Easement - Pioneer Natural Gas Co. - Sec 4, Block S - 02_27_1964 83M:d jl
RESOLUTION
WHEREAS, the City Council has heretofore found that an additional Electric
Plant should be constructed to serve the City of Lubbock; and,
WHEREAS, the operation of such Electric Plant shall require the use of
natural gas fuel; and,
I 0�1
WHEREAS, the City Council finds that it will be in the public interest to ha
adequate fuel provisions for the electric plant; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor be and is hereby authorized to execute for
and on behalf of the City of Lubbock a pipe line easement to Pioneer Natural Gas
Company on the following described property:
A strip of land the aggregate width of 20 feet over, under, across,
on and through Section 4, Block S, consisting of two strips of land
each 10 feet in width lying either side of and abutting the line here-
inafter described crossing said section; said two strips of land
paralleling and abutting each other with said line being a common
boundary between them, said line being as follows:
BEGINNING at a point, said point being 65.0 feet N 00 44t W and
3698.89 feet S 890 162 W of the SE Corner of Sec. 4, Blk. S;
THENCE N 890 16t E a distance of 547.5 feet to a point;
THENCE N 00 44t W a distance of 5.0 feet to the South line of a
25 foot x 75 foot block gate site.
AND IT IS SO ORDERED.
Passed by the City Council this 27th day of February , 1964.
J F,. STRONG, Mayor
_ Form ov
ATTEST'' Cdy Attorney
Lq .,
Laven' lLmWO, City cretary-Treasurer
Approved
:•. City Atrornoy
- -_.._T
Line No
r
s Iaat.No
' epp:.N0 9107
RIGHT OF-WAY EASIEMENT
. (TRANSMISSION)
STATE Or TEXAS
COUNTY OF LVBB0Q t
KNOW ALL hfEN BY�TEMSSE PRESENTS: j
That
the undersigned,hereinafter referred to as Grantor,for and in consideration o1 the sum of ONE and NO1100 ($1.00) DOLLARS,
and other good and valuable consideration,to Grantor in hand paid by PIONEER NATURAL GAS COMPANY,a Texas corporation,
hereinafter called Grantee,the receipt of which is hLreby acknowledged,does hereby grant,sell and convey unto said Grantee, its
successors and assigns, a right-of-way and easemenC in width, to construct, maintain and operate a pipeline and
appurtenan ereto; and a road in connection therewith, over and through the following described property lying and being
twenty20 feet
situated ,n Lubbock County, state of Texas. to wit: A strip of land the aggregate width of 20
feet over, under, across, on and through Section b, Blk. S. consisting of two strips of land
each 10 feet in width lying either side of and abutting the line hereinafter described cross—
ing said section; said two strips of land paralleling and abutting each other with said line
being a cormon boundary between them, said line being as followsi
Beginning at a point, said point being 65.0 feet N 00441 W and 3698.89 feet S 89°161 b' of
the SE corner of Sec. 4, Blk. S;
Thence N 890161 E a distance of 547.5 feet to a point;
Thence N 00441 1 a distance of 5.0 feet to the South line of a 25 foot = 75 foot block
gate site,
said property being more fully described to a deed from
y dated the nay of 19—
recorded in volume Page of the Deed Records rat County, Texas, to
which reference is here made for further description of said property; said pipeline to be constructed approximately along the
Hue designated by a survey heretofore made,or hereafter to be made by the Grantee,through and over the property hereinbefore
described; and this grant shall carry with it the right of ingress and egress to and from Bald land with the right to use existing
roads for the purpose of constructing, inspecting, repairing and maintaining said pipeline and the right of removal or replace-
ment of the same with either like or different size pipe or other construction at will,either in whole or in part Grantee may,at
any time,upon permanent abandonment of the right-of-way and removal of all lines and other improvements constructed thereon,
execute and record a reeonveyance and release hereof, whereupon this agreement and all rights and privileges herein mutually
granted shall be fully cancelled and terminated.
TO HAVE AND TO HOLD the above described rights and easements,together with ariy other rights necessary to operate and
maintain a pipeline,or pipelines,over the above described premises unto the said Grantee,its successors and assigns.
The Grantor shall fully use and enjoy said premises except for the purposes herein granted but such use shall not hinder,
conflict or interfere with the exercise of the Grantee's rights hereunder, and no building, reservoir, or structure shall be con-
structed upon,under or across the rights-of-way or easements herein granted without the Grantee's written consent
The Grantee agrees that, without Grantor's consent no road will be constructed over any land which is in cultivation, and
Grantee agrees to discontinue the use of any roadway over uncultivated land subsequently placed in cultivation on written re-
quest therefor; provided that this paragraph shall not be construed to impair the Grantee's rights of egress and ingress granted
herein.
Grantee shall pay all damages to trope and fences which may arise from construction, maintenance and operation of said
pipeline.It is mutually understood and agreed that in the event any dispute arises relative to the amount of damages suffered,
which are caused by the exercise of the rights granted, said damage. if not mutually agreed upon,shall be ascertained and de-
termined by three disinterested persons., one to be appointed by the Grantor,or by the person or persons claiming an interest in
! the land derived from Grantor,one by the Grantee, its successors or assign, and the third person by the two persons before
i mentioned,and the decision of the arbitrators thus selected shall be final and conclusive.
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The Grantee shall bury all pipelines to a sufficient depth so as not to interfere with the cultivation of the soil.
Grantee agrees to make one (1) tap to any gas pipeline to be constructed on the Grantor's premises for the purpose of sup-
plying the Grantor with natural gas for domestic use and pumping purposes only and not for resale and for use upon the above
described premises only.The gas shall be furnished and measured at the main line of the Grantee at rates and under the rules
and regulations and terms and conditions established by the Grantee.
The Grantor represents and warrants that bets the owner-in fee simple of the land above described,subject to outstanding
mortgages,if any,now on record in said County. -
It is hereby understood that the parties securing thL grant in behalf of the Grantee are without authority,to make any cove-
nant or agreements not herein expressed.
27th "ebruar 64
WM-ES.S THE EXECUTION HEREOF the day O y
C F, ONG, Mayor
—v-
Attest: Lavenia Lowe, City
Right-of-Way Agent for Grantee