HomeMy WebLinkAboutResolution - 2200 - Two Easements - Power Tex Joint Venture - Piplines - 12_12_198512 Resolution #2200
December 12, 1985
/ Agenda Item #24
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RESOLUTION
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 two Easements
in favor of Power -Tex Joint Venture, of Midland, Texas, attached here-
with, 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 12th day of
ATTEST:
, uity Secretary
II APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
-4J& MnU
Harold Willard, Assistant City Attorney
December , 1985.
ALA Y , MAYOR
Resolution #2200
EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation
in Lubbock County, Texas, hereinafter called "Grantor", for and
in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS,
and other good and valuable consideration to Grantor in hand paid
by POWER-TEX JOINT VENTURE, of Midland, Texas, hereinafter called
"Grantee", the receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and convey unto the said Grantee, its
successors and assigns, a right-of-way and easement to lay,
maintain, operate, remove or replace pipes and pipelines, valves,
fittings and appurtenances thereto as may be necessary for the
transportation of oil, petroleum or any of its products, gas,
water or other substances, in, along, under, across, over and
through the following described property in Lubbock County,
Texas, to wit:
Being a centerline description for a 20.00 foot pipeline
easement out of Section 4, Block S, G.C. & S.F. R.R. Co.
Survey, Lubbock County, Texas, and being more particularly
described as follows:
BEGINNING at centerline station 0+00, whence the Southwest
corner of Section 4, Block S bears South 0044100" East,
29.14 feet and South 89°13'29" West, 2550.88 feet;
THENCE South 89°15'16" West, 458.60 feet to a P.I. station
4+58.60;
THENCE North 0°46'31" West, 25.53 feet to centerline station
4+84.13, for the end of this description, whence the
Southwest corner of Section 4, Block S bears South 0046'31"
East, 54.90 feet and South 89013'29" West, 2092.3 feet.
together with the right to enter upon said land at any and all
times for the purpose of making improvements or repairs to said
pipes and pipelines, valves, fittings and appurtenances thereto,
with the right of ingress, egress and regress to the said
Grantee, its agents, workmen, employees and representatives at
all times and seasons.
All work, maintenance and repairs done in connection with
any pipeline or appurtenances thereto which will occupy the
right-of-way and easement herein granted shall be done in a
manner approved by the City of Lubbock and with as little damage
to the above described premises as is practical considering the
nature of any such work, maintenance and repairs, and the
pipeline itself shall be buried to a depth of at least 42 inches
below the surface of the ground.
Grantor may fully use and enjoy said premises to the extent
that the use and enjoyment thereof by Grantor does not hinder,
conflict or interfere with the exercise of Grantee's rights
hereunder. Grantee shall be responsible for the replacement of
any and all improvements, paving and resurfacing necessitated by
the removal or repair of any pipeline or appurtenances thereto
within said right-of-way and easement.
Grantor reserves the right to lay and permit to be laid
electric conduits, water and other pipelines, cables and other
underground structures, and to do and permit to be done any
underground work that may be deemed by Grantor to be necessary or
proper in, across, along or under said right-of-way and easement;
and whenever, in laying electric conduits, water and other
pipelines, cables or other underground structures, Grantor shall
deem it necessary to alter, change, adapt or conform Grantee's
pipeline or appurtenances thereto, such alterations or changes
shall be made by the Grantee when ordered in writing by the City
Council or its authorized representative, without any claim
against the City for reimbursement for damages.
TO HAVE AND TO HOLD the above described rights and easement,
together with any other rights necessary to maintain, operate and
keep in service at all times said pipeline and appurtenances,
over and through the above described premises unto the said
Grantee, its successors and assigns for so long as said premises
are used for the purposes herein granted.
WITNESS THE EXECUTION OF THIS INSTRUMENT this 1.2th day of
December , 1985.
CITY OF LUBBOC
BY:
AL HENRY, A OR
ATTEST:
an tte Boyd, City Secret ry
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Harold i lard, Assis-tant City Attorney
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared ALAN
HENRY, Mayor, known to me to be the person whose name is sub-
scribed 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 expres-
sed and in the capacity herein stated.
{ GIVEN UNDER MY HAND AND SEAL OF OFFICE this /� CR. day of
1985.
C
No ary Public, Lubbock County,
Texas
7 /�-
- 2 -
It
Resolution #2200
EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT the CITY OF LUBBOCK, a Home Rule Municipal Corporation
in Lubbock County, Texas, hereinafter called "Grantor", for and
in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS,
and other good and valuable consideration to Grantor in hand paid
by POWER-TEX JOINT VENTURE, of Midland, Texas, hereinafter called
"Grantee", the receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and convey unto the said Grantee, its
successors and assigns, a right-of-way and easement to lay,
maintain, operate, remove or replace pipes and pipelines, valves,
fittings and appurtenances thereto as may be necessary for the
transportation of oil, petroleum or any of its products, gas,
water or other substances, in, along, under, across, over and
through the following described property in Lubbock County,
Texas, to wit:
A tract of land out of Section 4, Block S. G.C. & S.F. R.R.
Co. Survey, Lubbock County, Texas, and being more parti-
cularly described as follows:
BEGINNING at a 3/8" iron rod, set for the Southwest and
beginning corner of this easement, whence the Southwest
corner of Section 4, Block S bears South 004631" East, 54.9
feet and South 89°13'29" West, 2040.8 feet;
THENCE North 0°46'31" West, 97.0 feet to a 3/8" iron rod set
for the Northwest corner of this easement;
THENCE North 89013'29" East, 42.0 feet to a 3/8" iron rod
set for the Northeast corner of this easement;
THENCE South 0046131" East, 43.0 feet to a 3/8" iron rod set
for a corner of this easement;
THENCE North 89013'29" East, 9.5 feet to a 3/8" iron rod set
for a corner of this easement;
THENCE South 0°46'31" East, 54.0 feet to a 3/8" iron rod set
for the Southeast corner of this easement;
THENCE South 89°13'29' West, 51.5 feet to the PLACE OF
BEGINNING.
together with the right to enter upon said land at any and all
times for the purpose of making improvements or repairs to said
pipes and pipelines, valves, fittings and appurtenances thereto,
with the right of ingress, egress and regress to the said
Grantee, its agents, workmen, employees and representatives at
all times and seasons.
All work, maintenance and repairs done in connection with
any pipeline or appurtenances thereto which will occupy the
right-of-way and easement herein granted shall be done in a
manner approved by the City of Lubbock and with as little damage
to the above described premises as is practical considering the
nature of any such work, maintenance and repairs, and the
pipeline itself shall be buried to a depth of at least 42 inches
below the surface of the ground.
Grantor may fully use and enjoy said premises to the extent
that the use and enjoyment thereof by Grantor does not hinder,
conflict or interfere with the exercise of Grantee's rights
hereunder. Grantee shall be responsible for the replacement of
any and all improvements, paving and resurfacing necessitated by
the removal or repair of any pipeline or appurtenances thereto
within said right-of-way and easement.
Grantor reserves the right to lay and permit to be laid
electric conduits, water and other pipelines, cables and other
underground structures, and to do and permit to be done any
underground work that may be deemed by Grantor to be necessary or
proper in, across, along or under said right-of-way and easement;
and whenever, in laying electric conduits, water and other
pipelines, cables or other underground structures, Grantor shall
deem it necessary to alter, change, adapt or conform Grantee's
pipeline or appurtenances thereto, such alterations or changes
shall be made by the Grantee when ordered in writing by the City
Council or its authorized representative, without any claim
against the City for reimbursement for damages.
TO HAVE AND TO HOLD the above described rights and easement,
together with any other rights necessary to maintain, operate and
keep in service at all times said pipeline and appurtenances,
over and through the above described premises unto the said
Grantee, its successors and assigns for so long as said premises
are used for the purposes herein granted.
WITNESS THE EXECUTION OF THIS INSTRUMENT this 12th day of
December . 1985.
CITY OF L
BY:
AL HENRY,7
'WAY
ATTEST:
C;a�,ett�feBoydy
APPROVED AS TO CONTENT:
Tom Nivens, Right -of -Way Agent
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State, on this day personally appeared ALAN
HENRY, Mayor, known to me to be the person whose name is sub-
scribed 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 expres-
sed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 --d- day of
�Jxc�z2� 1985.
CNotar Public, Lu bock C unty,
Texas