HomeMy WebLinkAboutResolution - 063064I - Right Of Way Easement - Bureau Of Reclamation - Section 1 Block B - 06_30_1964 FOS:djlou
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 THE EAST ONE-HALF OF SECTION 1, BLOCK B. LUBBOCK
b, COUNTY, TEXAS,
�•3
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-ofobway out of land owned and held by the
City of Lubbock out of the East 1/2 of Section 1, Block B, Lubbock County, Texas;
+ NOW THEREFORE:
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 acorss
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.
MAX TIDMORE, Mayor
F�
ATTEST: 'k-,cy
�___
�o
Lavenia LoiWe, City Se etary-Treasurer
;4
Contract No. 14-06-5257
U:4I_ED SI.A-'ES
DEPARTMENT OF TIE INTERIOR
BUREAU OF RECLA4IATION
CADTADIA Q RIVER PR.W C", ,E:,L:S
Contract and Grant of Water Pin.=iine Right-of-Way Easement
ir�IS CONTiAC" Ai�TD GRAIN 7 OF EASEMENT. ,, made this 3Qth day of
June , 19 64 , pursuant to the Act of Congress approved
June 17, 1902 (32 Stat. 388) , and acts amend.story thereof or supplementary
thereto, between TIHE UNITED STATES OF AMER,ICA, 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;
WITNESSE A:A
The following grant; and mul ual covenants by and between the
parties:
1. a. 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,
mair.,.ain, 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 h-.reof by reference.
b. The. City does Y.ereby iarther grant and convey to the
United States., its successors and assigns., a temporary and assignable ease-
ment and right-of-way and such other uses as req°az.red in connection with
the construction of sa-d pip-line or conduit in, ,� er, and .across those
lands specifically described in "Schedule B", he-reto, incorporated
herein, and hereby ma.d,�: an integral part, her.,cf by reference.
Said rights are regcired for the use of the Canadian River Project, Texas,
United States Depart^;ent of the anterior, Eu,•eau of Reclamation.
2. T:.e r' t of s.sement herein s:.all include:
(a) The perpeti al _ '_1- ;.o enzer t3.pcn said to scrvey, construct,
reconstruct, opera-,,;;, ^a-. Lain, and remo-,e said water pipeline or conduit,
and appurtenances, (.. ) :_e exclusive right to from or place on earth,
rock, or other materi ,. and the right to , =rn:, cut , and remove brush
and other vegeta�;ive __�kcures, (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 app_oxi-
mately 6 feet square in area and approximately 3 feet in height ago\;e the
ground surface . If sack minor structures are constructed, they will be
paid for at the rate of $200.00 per structure.
3. During construction, suitable cross-ovens shall be
installed over the pipe trenches as needed by the City. 1 fences
and drainage or irrigation systems cut or disturbed shall be repaired
by 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 costs and braces, and gates
shall be provided at fence openings where required. :tiot ing contained
herein shall designate or limit the dues 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 13 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
granted, or endanger facilities constructed; including the right to
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 line use by gird parties; but said r-,,A,
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 t .e pipeline. T e
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.
2
7 . The grant of easemenT, hr�rein contained is subject to the
rights-of-Aa.y of and' n%,.turc whats:eiier of record and in use. ,_ is grant
shall not be construed as in a.ny•Aise affecting rrLip.era.l rights o:. tae
City or others .
8 . it is a condi T.ion prc-ced(t t to the pa.yr,e.nt to the City of
the sum named herein that the. title to the premises described herein
shall be vested i., t:-e subjec,: only to `;l e i-torest of the United
States hereunder and to the ma.i,,t.er;: Get out in Article 7 hereof and to
such other defects, interests, or epcumbrar.ces as ma.y be waived in
writing by *:he United Stares.
9. The City slia.l l procure and na: e recorded without cost to
the United States all assurances of title and a.i`_idavits which the City
may be advised by the UniT:ed States are necessary and proper to show in
the CiTv title sufficient to grant: t.he: above easement free and clear of
encumbrances subject only to the int.eresr;, liens, or encumbrances expressly
excepted herein. Abstracts or ccrtifica.tes of title or title insurance
will be procured by the FAI T.ed States at its expense. The expense of
recording this cont y_.-.ct. shall be borne. by the United States .
10. If the Secretary of the nLerior determines that the interest
described in Article 1 above should be acquired by judicial procedure,
either to procure a safe title or for any ot:fier reason, the City and the
United Stales hereby st1pulate ghat ';lie ultt.ui?.i;F- a,-nl-,.rd to the City for
the interest described it Articles 1 and 2 above, shall be the same as the
purchase price hereinafter sta.ved in Article 12 , bu*. should the City own
a lesser interest; than that. described in Articles .1. and 2 hereof, such
award shall not. exceed th .r; p�%rtinn of the. parcha.-e price stated in
Article 12 which the va.l-ae of such 1F=ser bca.rs to the value of
the entire estate described in t:hE said Articles 1 and 2.
11 . The Cite -arrant.= t;ha, . p., per�nn or z._;cnc� has been employed
or retained to solicit. er secil.rc ';hls contract upon an agreement or
understanding for a commission, percontage, broil-erage, or contingent fee,
excepting bona fide employees or bona fide e_t.ablislled commercial agencies
maintained by the City lr.,r the purpose of securing business. For breach
or violation of this ;he Lnited Sta:,es sha.11 have the right to
annul this contract; wir,hcw.* liability, or in its discr,-tion to require the
City to pay, in addit.on to the contract price or consideration, the full
amount of such commission , percentage, brokerage, or contingent fee.
3
12. As complete consideration for the above grant: of easement
and for the rights and pri�•ile.ges provided in this con•.ra.(7�:, Linited
States agrees to pav the City thci sum of
Dollars
($ ) . Future damages payment-s accruing under
Article 5 will be made by the Un,-. :ed States or it.q assigns on the basis
of a determination as therein_ provided to be made.. Future minor structures
will be paid for by the ITritF.d St.at,e� or its as,�,igns on the basis provided
in Article 2.
13. The terms and cor_ditier,s hereof hall be binding upon and
inure to the benefit of the heirs, P>c cu+ors, a.drr;.nistrators, devisees,
successors, trustees; or assigns of the parties hereto.
14. Na Member of or Delegate to Congress or Resident Commis-
sioner shall be admitted t,o any share or pari; of this contract or to
any benefit that may arise h.eref.rzm but this restriction shall not be
construed to extend to this contract if male with a corporation or
company for its general benefit .
IN WIT':tiESS W1�3TRFOF, the par::ies hereto have caused this agree-
ment to be executed the day and year first above v.ri:ten.
THE UNITED STATES OF AMERICA
L�Y
:'itle: Projc-(-t Construct ion Engineer
14AX TIDMORE, Mayor
ATTEST:
i
Lavenia Lowe, City Secretary-Treasurer
4
ACTCWWLEDGMEN L
SATE OF TEXAS
COUNTY OF UBBOCK
BEFORE ME, a
Of Lubbock Counzy,, Texas, on
this day personally appeared ,
Mayor of the City of Lubbock, a municipal corporation of the State
of Texas, known to me tc be the person and officer whose name is
subscribed to the foregoinj instrument and acknowledged to me that
the same was the act of the said City of Lubbock, a municipal
corporation of the State of 'Texas, that he was duly authorized to
perform the same by appropriate resolution of the City Co,mnission
of the City of Lubbock, a municipal corporation of the State of
Texas, and that he executed the same as the act of such municipal
corporation for the purposes and consideration therein expressed,
in the capacity therein stated.
Given under my hand and seal of office, this the
day of A.D. 1954.
My commission expires on the day of 19
SCHEDULE A
LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE THE SUBJECT OF'
THIS GRANT OF EASEMENT
A tract or parcel of land lying and situate in the East I of Section 1,
Block B, Lubbock County, Texas, more particularly described as
follows :
Beginning at a point on the North boundary of said Section 1, whence
the Northeast corner of said Section 1 bears East, a distance of
83.70 feet;
thence East, 30. 00 feet;
thence South 00'01' 29" East, 429. 21 feet to point of curve;
thence 391. 96 feet alon-T the arc of said curve to the right, having
a radius of 412. 00 feet;
thence South 54°29'Gl" West, 17.76 feet, to point of curve;
thence 347.34 feet alon7 the arc of said curve to the left, having a
radius of 388. 00 feet;
thence South 03°11 '3111 West, 43. 24 feet, to point of curve;
thence 343.15 feet along the are of said curve to the left, having a
radius of 388. 00 feet';
thence South 47°28'51 " East, 126.36 feet, to point of curve;
thence 341.46 feet along the arc of said curve to the right having a
radius of 412. 00 feet;
thence South 00000'17" West, 1,959. 92 feet;
thence West, 30. 00 feet;
thence North 00'00'17" East, 1 ,959. 92 feet, to point of curve;
thence 316.59 feet along the arc of said curve to the left, having a
radius of 382. 00 feet;
thence North 47°28'51" West, 126.36 feet to point of curve;
thence 369.68 feet along the arc of said curve to the rig::t having a
radius of 418. 00 feet;
thence North 03°11 '31" East, 48. 24 feet to point of curve;
thence 374. 19 feet aloe; the arc of said curve to the ri;;ht, having a
radius of 418. 00 feet;
thence North 54°29'01" East, 17.7E feet to point of curve;
thence 363.42 feet along the arc of said curve to the left having a
radius of 382. 00 feet;
thence North 00'01'29" West, 429. 21 feet to point of beginning, con-
taining 2.76 acres of land, more or less.
SCHEDULE B
LANDS IN LUBBOCK COUNTY', TEXAS, WHICH ARE THE SLB,IEC'I'
OF THIS GRANT OF TEMPORARY EASEMENT
A tract or parcel of land lying and situate in the East i of
Section 1, Block B, Lubbock County, Texas, more particularly
described as follows:
Beginning at a point on the North boundary of said Section 1,
whence the Northeast corner of said Section 1 bears East, a
distance of 83.70 feet;
thence South 00'01'29" East, 429.21 feet to point of curve;
thence 363.42 feet along the arc of said curve to the right,
having a radius of 382. 00 feet;
thence South 54°29'01" Wes:, 17.76 feet to point of curve;
thence 374. 19 feet along the arc of said curve to the left,
having a radius of 418.00 feet;
thence South 03011 '31 West, 48. 24 feet to point of curve;
thence 369.68 feet along the arc of said curve to the left, having
a radius of 418. 00 feet;
thence South, 47028'51" East, 126.3u feet to point of curve;
thence 316.59 feet along the arc of said curve to the right,
having a radius of 382. 00 feet;
thence South 00°00'17" West , 1959. 92 feet;
thence West, 15. 00 feet;
thence North 00000'17" East, 1:)59. 92 feet to point of curve;
thence 304. 16 feet along the arc of said curve to the left having
a radius of 367. 00 feet-,
thence North 47028'51" West, 125.36 feet, to point of curve;
thence 382. 95 feet along ti.c. arc of said cu:'ve to the right
having a radius of 433. 00 feet ;
thence North 03°11 '31" East, 43.24 feet, to point of curve;
thence 387. 62 feet. aionT the arc of said curve to the right,
having a radius of 433. 00 feet;
thence North 54°29'01" East, 17.76 feet to point of curve;
thence 349. 15 feet along the arc of said curve to the left, having
a radius of 367. 00 feet;
thence North 00001 ' 29" West, 429. 21 feet;
thence East, 15. 00 feet to point of be innin-, containing 1.33
acres of land, more or less.
MAP IN FILE
SEE
RESOLUTION
PERPETUAL TEMPORARY
NC. BEARING LENGTH RAD.1 TAN, d —Iva BEARING LENGTH RAD. TAN, d .
1 EAST 30.00' / 5 000/'29"E 429,21'
2 S O°O/'29'E 429,2/ 2 363.42' 382. ' /96.785403030"R1.
3 391.96' 4/2.' 2/2.23' 640,30'30"Rt, 3 S54029'01"W 17,76' - CITY OF LUBBOCK
4 S54029'O/"W 17.76 _ - 4 __ 374,19 4/8,' 200.68 51°/730" U.
5 �- - - 3¢7,34' 88. /86.29 5/°/7 �O" Lt, 5 S03°//' /" W 48,24'
503011.5/ w 48.24 6 369.68 4/8. 197.9/ 5004022 L1,
r s'43.15' s86.` Is3.7i' So°4o'22"ct 7 S4T°2B'S/"E 126.36' q port of the East //2 of
8 S47'28'd/"E /26.3s' 8 - 316.59' 82,' 168,03:47°29'08" R1. Section / B/OCk B Lubbock
9 _ _ 341,46_ 4/2. /6_/_.22_ 47 29_08 Rl. ,9 County, TeXOS,
/0 S 0000/7"W 1959.92' ilo WEST 15,00'
WEST - --_ --- 30,00 ---- -_- - -- �_- //- N 0000'/7"E 1959.92,
12 N_o°00'/7"E /_959.92 /2 _ _ 304.16' 367.' 161.43' 47029'08"Lt.
/3 3/6,59' 382.' 168.Q3' 47°29G28" Lt. /3 N47°2B5/"W 126.36' Area Perpetual = 2.76 Acres
14 N47028'Sl"W --126.36' — ---- --— 14 - 382,95' 433.' 05.01' 50040'22" Rt.
15 _ 369.68' 418.' 197.91' 5004022" Rl, 15 N03011'31"E 48.24' Area Temporary = 1.38 Acres
16 NO3°1131"E - 48.24 16 387.62' 433.' 207,88'51°/7'30" RJ.
/7 374,19' 4/8.' 00.68 51°1730 R1. 17 N54029'01"E 17,76' — . ..t
18 N54029'OI"E _ - `-17, 76' 18 -__-_ _—_ -349,15' 36_7.' - /89.05' 4°30'30"L 1, pp J
19 363.42' 382.' /96.78' 54°30'30"Lt. 19 N 000_/'2_9"W 429.21' O d
20 N 000/'29"W 429.21' -- 20 EAST 15.00'
4
i
1r N 2 3 9 /3 / 1
/ '� r `,col
►`/ %� f9ti j / � 4 l4 � � � � ig� b/1
lr 91 `V 21 !00 O 200 400
5 `6 7 �, SCALE OF FE&
1e 1 �� ._
i�
BLOCK B `3J f/7l i
ki pis, 4r aLWAYS TuinK SAFETY
UNITED STATES
151 DEPARTMENT OF THE INTER/✓R
�/ BUREAU OF RECLAMATION,
CQNADIAN RIVER PROJECT-TEXAS
EASEMENT for AQUEIOUCT
RIGHT OF WAY MAP
Go.w. '
ORAINN-_:_______SUBM/TT
TRAC�p ��•►Y___RECOMMEND D ,.h..� _
CHECk6D_T�M_APPROVED _
TRACT NO. 385 1 APIAR140 TEXAS-FEB.// /9s4 6627a5-1613
I � - GFJ 830930