HomeMy WebLinkAboutResolution - 082764B - COL Grants U.S. Gov't A Water Pipeline Right Of Way Easement - Dept Of Interior - 08_27_1964 FOs:ajl 97W-6
31--8-64
RESOLUTION
WHEREAS, it appears that the easement retained by the City of Lubbock for
the purpose of surveying, constructing, reconstructing, operating, inspecting, mai --
�., taining and removing a water pipe line or conduit and appurtenances thereto for the
' transportation of water through, over and across a part of the Northwest Quarter
of Section 5, Block A, Lubbock County, Texas, more particularly described in
that certain conveyance to Litton Systems, Inc. , are now needed by the United Stat
of America, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of-Lubbock grant and convey to the United States
Government a Water Pipe Line Right-of-Way Easement as more particularly descri c
in the conveyance attached hereto and made a part hereof and by such reference is
incorporated herein.
SECTION 2. THAT the Mayor of the City of Lubbock be and is hereby authori ec
and directed to execute the attached conveyance for and on behalf of the City of
Lubbock and that execution thereof to be attested by the City Secretary who is
authorized and instructed to affix the Seal of the City of Lubbock in evidence of such
attestation.
Passed by the City Council on this 27th day of August 1964.
r
MAX TI MORES Mayor
ATTES
Lav nia Lowe, ty Secretary-Treasurer
AP�'
R ; :-
_ OVED.
red O. Senter, Jr. , City orney
i
Contract No. 14-06-525-
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 27th day of
August , 19 64 , pursuant to the Act of Congress approved
June 17, 1902 (32 Stgt. 388 , and acts amendatory thereof or supple-
mentary thereto, betwecn 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;
WI7NESSETH
The following grant and mutual covenants 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 'I 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.
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 di'sturbed 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
r
r
1
I
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
granted, or endanger facilities constructed; including the right to con-
struct, operate and maintain crossings for railroads, 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 Grantor 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 Grantor or by third parties on
i the easement area shall be constructed, operated and maintained without
expense to the United States. Grantor will issue notice to the United
States before any construction is initiated. Railway crossings are to be
constructed in compliance with specifications as required by the United
States of America. 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 abandonmment of said right-6f-sway ,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
i
r
i
i
r
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.
S. 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 commerical 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
k
i
s
12. As complete consideration for the above grant of easement
and for the rights and privileges provided in this contract, the United
States agrees to pay the City the sum of
Three Hundred and No/100 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 made. Future minor structures
will be paid for by the United States or its assigns on the basis provided
in Article 2.
13. 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.
14. No Member of or Delegate to Congress or Resident Commis-
sioner shall be admitted to any share or part of this contract or to-
any benefit that may arise herefrom but this restriction shall not be
construed to extend to this contract if made with a corporation or
company for its general benefit.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first above written.
THE UNITED STATES OF AMERICA
By
Title: Project Construction Engineer
MAX TIDMORE, Mayor - _.._.
ATTEST:
499��i 4ella
Laven a Lo7Q; City Secret try-Treasurer
4
1
• s
SCHEDULE A
LANDS IN LUBBOCK COUNTY, TEXAS, WHICH ARE CONVEYED TO
THE UNITED STATES HEREBY AS PROVIDED IN PARAGRAPH 1 HEREOF
A tract or parcel of land lying and situate in the Northwest } of
Section 5, Block A, Lubbock County, Texas, more particularly
described as follows:
Beginning at a point in the said Northwest I of Section 5, whence
.the Southwest corner of said Section 5 bears South 25*11146" West,
a distance of 3691.46, feet;
thence South 65°04'00" West, 278.79 feet;
thence North 74026'00" West, 101.63 feet;
thence North 65°04'00" East, 366.60 feet;
thence South 15°53'00" East, 66.83 feet to point of beginning, con'
taining 0.49 acre of land, more or less.
I
o
r
T e NO BEARING LENGTH
TT 5
1 S65004'00°W 278.79'
2 N74°26'0d'W 101,63
3 N65004'00"E 366.60'
4 1 S 150 53.0d'E 66.83'
A port of the NW 114
of Section 5, Block A,
Lubbock County, Texas.
Area = 0. 49 Acre
1
I
i
I
I
t 200 O 400 _ 800
SCALE OF FEET
I
4
3 .
COOP
?gg pt 8 s F.
P uNjrE.o srArn
DEPARTMENT OF THE rNTERfOR
1 BUREAU OF RECLAMATION
2 �� 1 CANAD/AN RIVER PROJECT—TEXAS
EASEMENT for AQUEDUCT
t
W RloHr OF WAY MAP
i tq ,
/b DRAWN__ SUBMITTED!
77 �S
I 2 CHECKED_' _ APPROVED
TRACT ND. 369_A AWRKLO,rvEXAS-JUN. 17.1964 662-52 5-1 688