HomeMy WebLinkAboutResolution - 063064H - Right Of Way Easement - Bureau Of Reclamation - Section 2 Block D3 - 06_30_1964 FOS:djl OU 0 j4, 1 --A-
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RESOLUTION
A RESOLUTION AUTHORIZING THE GRANT AND EXECUTION OF A RIGHT
OF WAY EASEMENT BY THE CITY OF LUBBOCK ACTING BY AND THROUGH ITS
MAYOR, TO THE UNITED STATES OF AMERICA FOR A WATER PIPE LINE OR
CONDUIT OUT OF A PART OF SECTION 24 BLOCK D-3, LUBBOCK COUNTY,
TEXAS,
WHEREAS, it appears to be in the best interest of the inhabitants of the City
of Lubbock and the United States of America that the United States of America be
granted an assignable easement and right-of-way out of land owned and held by the
City of Lubbock out of Section 2, Block D-3, Lubbock County, Texas; NOW THERE-
FORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock grant an easement and right-of-way for the
purpose of constructing and maintaining a pipe line or conduit in, over, and across
those lands specifically described in that instrument termed "Contract and Grant
of Water Pipeline Right-of-Way Easement" which is attached hereto and hereby
made a part hereof by reference.
THAT the Mayor be and is hereby authorized and directed to execute for and
on behalf of the City of Lubbock said "Contract and Grant of Water Pipeline Right-
of-Way Easement" and as evidence thereof the City Secretary shall attest execution
of such instrument and affix the seal of the City of Lubbock thereto who shall then
thereupon spread upon the minutes of the Council said "Contract and Grant of
Water Pipeline Right-of-Way Easement" and as spread upon the minutes of this
Council all of said instrument shall constitute and be a part of this Resolution as if
fully copied herein in detail.
Passed by the City Council this 30th day of June, 1964.
MA TIDMORE, Mayor
Fo ADProv�
Y
ATTEST:
City Artonfey
f r
Lavenia 4,owe, City Se etaryN easurer
a.
Contract No. 19-06-525-
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CANADIAN RIVER PROJECT, TEXAS
Contract and Grant of Water Pipeline Right-of-Way Easement +'
THIS CONTRACT AND GRANT OF EASEMENT, made this .30th day of
June 19 64 , pursuant to the Act of Congress approved
June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supple-
mentary thereto, between the UNITED STATES OF AMERICA, hereinafter styled
the United States, acting through such officer as is authorized therefor
by the Secretary of the Interior, and the CITY OF LUBBOCK, a municipal
corporation of the State of Texas, hereinafter referred to as the City;
WITNESSETH
The following grant and mutual c6venants by and between the
parties:
1 . For the consideration hereinafter expressed, the City does
hereby grant unto the United States, its successors and assigns, a
perpetual easement to survey, construct, reconstruct, operate, inspect,
maintain, and remove a water pipeline or conduit, and appurtenances
thereto, or any part thereof, for the transportation of water through,
over, and across those lands specifically described in "Schedule A",
attached hereto, incorporated herein, and hereby made an integral part
hereof by reference.
Said rights are required for the use of the Canadian River Project, Texas, �
United States Department of the Interior, Bureau of Reclamation.
2. The grant of easement herein contained shall include:
(a) The perpetual right to enter upon said premises to survey, construct,
reconstruct, operate, maintain, and remove said water pipeline or conduit,
and appurtenances, (b) the exclusive right to remove from or place on
earth, rock, or other materials, and the right to trim, cut, and remove
brush and other vegetative structures, (c) the right of ingress and
egress for men, materials and equipment for utilizing the easement
granted, and (d) the right of the United States to construct, operate,
and maintain minor surface structures appurtenant to said water pipeline
or conduit. If such minor structures are constructed, said structures
will be approximately 6 feet square in area and approximately 3 feet in
height above the ground surface. If such minor structures are constructed,
they will be paid for at the rate of $200.00 per structure.
3. During construction, suitable cross-overs shall be
installed over the pipe trenches as needed by the City. All fences
and drainage or irrigation systems cut or disturbed shall be repaired
Oy the United States in a good and workmanlike manner. Before a fence
is cut by the United States, it shall be properly supported on either
side of the contemplated opening by suitable posts and braces, and gates
shall be provided at fence openings where required. Nothing contained
herein shall designate or limit the dates in connection with the construc-
tion and operation of said pipeline and appurtenances thereto. The pipe-
line shall be buried at a sufficient depth so as not to interfere with
cultivation of the soil . Topsoil shall be separated from subsoil during
excavation and topsoil removed from excavation shall be replaced as back-
fill in the uppermost part of the excavation to a depth as shall exist
previous to excavation but not to exceed 18 inches, and all excess subsoil
shall be removed from the City's land at the expense of the United States.
4. Said grant of easement shall not preclude the right to
cultivate, use, and enjoy the premises for any purposes which will not
constitute an interference with the easement, rights, and privileges herein
Y;y granted, or endanger facilities constructed; including the right to
�Le construct, operate and maintain crossings for water, power, telephone,
telegraph, sewer and gas lines over said water pipeline right-of-way,
including the right to permit like use by third parties; but said rights
reserved to City shall not extend to or include the erection of any
buildings, reservoirs, or structures, or permission to the public to use
any part thereof. All features proposed by City or by third parties on
the easement area shall be constructed, operated and maintained without
expense to the United States. City will issue notice to the United .States
before any construction is initiated. Said grant is subject to rights-of-
way of record and in use.
5. The City, its successors, or assigns, or agricultural lessees,
if any, are to be paid for all damages to fences, crops, livestock, trees,
drainage or irrigation systems, and personal property as a result of and
during construction, operation, and maintenance of the pipeline. The
amount of damages is to be determined by an appraisal approved by the
Secretary of the Interior or his duly authorized representative made on
or about the date the damage occurs.
6. The United States shall exercise due care and diligence in
the use of the rights and privileges herein granted to it. In case of
permanent abandonment of said right-of-way, as evidenced by a written
notice to that effect from the United States through its authorized rep-
resentatives or its assigns, the title and interest herein granted shall
end, cease, and determine, and title shall revert to the then owner.
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7. The grant of easement herein contained is subject to the
rights-of-way of any nature whatsoever of record and in use. This grant
• shall not be construed as in anywise affecting mineral rights of the
City or others.
8. It is a condition precedent .to the payment to the City of
the sum named herein that the title to the premises described herein
shall be vested in the City, subject only to the interest of the United
States hereunder and to the matters set out in Article 7 hereof and to
such other defects, interests, or encumbrances as may be waived in
writing by the United States.
9. The City shall procure and have recorded without cost to
the United States all assurances of title and affidavits which the City
may be advised by the United States are necessary and proper to show in
the City title sufficient to grant the above easement free and clear of
encumbrances subject only to the interest, liens, or encumbrances expressly
excepted herein. Abstracts or certificates of title or title insurance
will be procured by the United States at its expense. The expense of
recording this contract shall be borne by the United States.
10. If the Secretary of the Interior determines that the interest
described in Article 1 above should be acquired by judicial procedure,
either to procure a safe title or for any other reason, the City and the
United States hereby stipulate that the ultimate award to the City for
the interest described in Articles 1 and 2 above, shall be the same as the
purchase price hereinafter stated in Article 12, but should the City own
a lesser interest than that described in Articles 1 and 2 hereof, such
award shall not exceed that portion of the purchase price stated in
Article 12 which the value of such lesser interest bears to the value of
the entire estate described in the said Articles 1 and 2.
11. The City warrants that no person or agency has been employed
or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established, commercial agencies
maintained by the City for the purpose of securing business. For breach
or violation of this warranty, the United States shall have the right to
annul this contract without liability,or in its discretion to require the
City to pay, in addition to the contract price or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
3
12. NOTWITHSTANDING ANY OTHER PROVISION OF THIS GRANT TO THE CONTRARY
THE CITY RESERVES AND RETAINS THE RIGHT TO CROSS THE EASEMENT AREA WITH RUNWAY
OR TAXIWAY EXTENSION# RUNWAY OR TAXIWAY LIGHTING# RUNWAY APPROACH LIGHTING OR
OTHER NAVIGATIONAL AIDS AND AERONAUTICAL FACILITIES, GRANTEE# THE UNITED
STATES# BY ACCEPTANCE HEREOF AGREES AND OBLIGATES ITSELF THAT IT SHALL NOT# NOR
WILL IT PERMIT CONSTRUCTION OF NON-AERONAUTICAL ABOVEGROUND OBJECTS FROM A
POINT 2501 SOUTH OF THE NORTH BOUNDARY LINE OF SECTION 2# BLOCK 03# LUBBOCK
COUNTY# TEXAS TO A POINT 17501 SOUTH OF THE AFORESAID BOUNDARY LINE.
13. AS COMPLETE CONSIDERATION FOR THE ABOVE CRANT OF EASEMENT AND FOR
THE RIGHTS AND PRIVILEGES PROVIDED IN THIS CONTRACTp THE UNI1fED STATES AGREES
TO PAY THE CITY THE SUM OF SEVEN THOUSAND SEVEN HUNDRED AND NO/100 ($7#700.00)
DOLLARS. FUTURE DAMAGES PAYMENTS ACCRUING UNDER ARTICLE 5 WILL BE MADE BY
THE UNITED STATES OR ITS ASSIGNS ON THE BASIS OF A DETERMINATION AS THEREIN
PROVIDED TO BE MAQE. FUTURE MINOR STRUCTURES WILL BE PAID FOR BY THE UNITED
STATES OR ITS ASSIGNS ON THE BASIS PROVIDED IN ARTICLE 2.
14,
THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON AND INURE#
TO THE BENEFIT OF THE HEIRS# EXECUTORS# ADMINISTRATORS# DEVISEES# SUCCESSORS#
TRUSTEES# OR ASSIGNS OF THE PARTIES HERETO*
15. NO MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER SHALL
BE ADMITTED TO ANY SHARE OR PART OF THIS CONTRACT OR TO ANY BENEFIT THAT MAY
ARISE HEREFROM BUT THIS RESTRICTION GHALL NOT BE CONSTRUED TO EXTEND TO THIS
CONTRACT IF MADE WITH A CORPORATION OR COMPANY FOR ITS GENERAL BENEFIT.
IT IS FURTHER AGREED AND UNDERSTOOD AND HERE STIPULATED THAT PARAGRAPHS
NUMBERED 12 THROUGH 15 WERE ADDED HERETO PRIOR TO EXECUTION BY EITHER PARTY•
IN WITNESS WHEREWS THE PARTIES HERETO HAVE CAUSED THIS ACRE:EMLNT TO
BE EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN.
THE UNITED STATES OF AMERICA
SY•
APi RO ED AS TO FORM do LEGAL ITY T I TLE f PROJECT CO NSTRUCTI O II ENGINEER
BY: C ITY OF LUBBOCK
FRED O. SENTER# JR.s CITY ATTORNEY
•
eY: L
A PPR OVED J_UB BOC K MUNICIPAL TITLES MAYOR
RPORT BOARD
8Ys '
E Ai�D • COLAY# D ECT R OF AY IAT 10 N
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Page 1 of 2
SCHEDULE A
LANDS IN LUBBOCK COUNTY, TEXPS, WHICH ARE THE SUBJECT
OF THIS GRANT OF EASEMENT
Two tracts or parcels of land lying and situate in Section 2,
Block D-3, Lubbock County, Texas, more particularly described
as follows:
Parcel No. 1
Beginning at a point on the North boundary of said Section 2
whence the Northeast corner of said Section 2 bears East, a
distance of 46.94 feet;
thence South 02°52'30" West, 666.66 feet;
thence North 87°07'30" West,37.00 feet to a point of curve;
thence 49.55 feet along the arc of said curve to the left, having
a radius of 987.50 feet, whose chord bears South 01°26'15" West;
thence East, 37. 00 feet;
thence South, 1,436.65 feet;
thence West, 34. 00 feet;
thence South , 40.00 feet;
thence East, 34. 00 feet;
thence South, 491.37 feet to a point of curve;
thence 261.47 feet along the arc of said curve to the right, having
a radius of 399.50 feet;
thence South 37°30'00" West, 4.40 feet to a point of curve;
thence 196.67 feet along the arc of said curve to the left, having
a radius of 300.50 feet;
i thence South, 50.00 feet;
thence West, 99. 00 feet;
thence North, 50. 00 feet to a point of curve;
thence 261.47 feet along the arc of said curve to the right, having
a radius of 399.50 feet;
{ thence North 37°30'00" East, 4.40 feet to a point of curve;
thence 196.67 feet along the arc of said curve to the left, having
s
a radius of 300.50 feet;
thence North, 1,968.02 feet to a point of curve;
thence 52.66 feet along the arc of said curve to the right, having
a radius of 1049.50 feet;
thence North 02052'30" East, 661.68 feet;
thence East, 99.12 feet to point of beginning, containing 7.18 acres
of land, more or less; and,
Parcel No. 2
Beginning at a point in said Section 2 whence the Southeast corner of
said Section 2 bears South 58023'10" East, a distance of 95.38 feet;
w
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Page 2 of 2
thence West, 99.00 feet;
thence North 247.3L feet;
thence Fast, 35.00 feet;
thence North, 182.00 feet;
thence West, 5.00 feet;
thence North, 746. 00 feet;
thence Fast, 69.00 feet;
thence South, 67.00 feet;
thence West, 32.00 feet;
thence South, 30.06 feet;
thence Fast, 32.00 feet;
thence South, 1078.31 feet to point of beginning containing 1.99 acres
of land, more or less.
The total area hereinabove described as Parcel No. 1 and Parcel No. 2
contains 9.17 acres of land, more or less.
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