HomeMy WebLinkAboutResolution - 062768F - Acceptance To Terms Of Easement Deed - Cotton Ginning Research Laboratory - 06_27_1968IKJ!EW
RESOLUTION
WHEREAS, the City Council has determined a need to acquire an underground
ewer line easement across the property of the United States of America at the
otton Ginning Research Laboratory in Lubbock, Texas, and
WHEREAS, the United States of America has granted such easement subject to
onditions which are to be approved by the City of Lubbock, NOW THEREFORE:
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 direc
o execute for and on behalf of the City of Lubbock an acceptance to the terms and
!onditions of the easement deed attached herewith which shall be spread upon the
nnutes of the Council and as spread upon the minutes of this Council shall con-
stitute and be a part of this Resolution as if fully copied herein in detail.
assed by the City Council this th--- -r
TTEST:
a Lowe, Cit§LSecretary-Treasurer
PPROVED:
"c:LarGs'rear
. • Senter,
..ter ,0 ,• i
`140
1vJ UNITED STATES DEPARTMENT OF AGRICULTURE
AGRICULTURAL RESEARCH SERVICE
EASEMENT DEED
THE UNITED STATES OF AMERICA, acting by and through the �c�i�•:�
Administrator, Agricultural Research Service, United States Department of
Agriculture, Grantor, pursuant to the Act -of October 23, 1962 (76 Stat.
1129), and the delegations of the authority and assignment of functions
by the Secretary of Agriculture, dated December 24, 1953, and November 27,
1964, (19 Fed. Reg., P..74 and 29 Fed. Reg., P. 16210), the provisions of
.` which have been duly complied with, does hereby grant and convey to the
City of Lubbock, Texas, an easement for a right-of-way for the instal
lation, operation and maintenance of an underground electric power line
in, on and across lands of the United States at the Cotton Ginning Research
Laboratory, Lubbock, Texas, which right -of -Tway is described as: }
Beginning at a point in the west right-of-way `
line of Quirt Avenue, a distance of 677.5 feet
south and 20 feet west of the northeast corner
of Section 36, Block -A. Said point being in
the west right-of-way line of Quirt Avenue.
Thence west a distance of 20 feet; thence north
a distance of 8 feet; thence east a distance of
20 feet; thence south a distance of• S feet - to the r<
point of beginning.
The granting of this easement is subject to the following terms and con
d it ions : 1
2. The United States does not warrant the title to any of
said land, and the rights and privileges herein granted ,
shall be subject to any mineral reservation or other
rights, if any, now outstanding in third parties.
2.•. The rights and privileges hereby granted shall not be Y
assigned by the Grantee without the written consent of
the United States.
3...Grantee shall be liable for any damage resulting to the
United States from the use of the property by the Grantee
and shall save and hold the,+United States harmless from
any and all claims or damages by third parties from the
use of the property by' Grantee.
4., The United States reserves unto itself' its nominees and
assigns, the right to use any part of said lands for any. :..:..
purpose, provided such use does not interfere with the
x:'r rights and privileges hereby granted.
S.
The underground power line will be placed below the
surface of the ground to a depth as required by local
ordinance and the ditch will be backfilled leaving the
ground elevation smooth and in conformance with the
,
surrounding terrain, and any seeded areas damaged in
the installation thereof will be reseeded to the
satisfaction of the Director of the Station.
6.:
The right-of-way herein granted shall be subject to
the express covenant that it will be modified, adapted,
E
or discontinued if found by the Administrator, ARS, to
be necessary, without liability or expense to the United
States so as not to conflict with the use and occupancy
of the land for any authorized works which may be here-
{
after constructed thereon under the authority of the
1
'
United States.
74
in the event the Grantee fails to use the property with-
in a reasonable time from the date hereof or in the event
the Grantee shall at any time abandon the use of the
property for the purpose here and above provided, or in
the event the Grantee shall violate any of the provisions
'
of this grant, the United States may terminate this grant
by giving the Grantee -notice in writing 60 days in advance
of such termination and the rights hereby granted shall ;.
thereupon terminate. -
z`
Be
The Grantee does by the acceptance of this easement
convenent and agree for itself, its assigns, and its
`
;; •.
successors in interest to the property herein conveyed
or any part thereof, that the convenants set forth beloW
shall attach to and run with the land;
'
(a) That the aforesaid right-of-way, and
its appurtenant areas and its buildings
and facilities, whether or not on the s
land herein conveyed, will be operated as
an underground electric power line in full
compliance with Title V1 of the Civil_.
-
-.rt. tit .pt -J Yet o ,r.• -T
-
t 1 1
r- a •f
_
t7�.},u= :die+.
Rights Act of 1964, and all requirements
'
imposed by or -pursuant to the regulations
'
issued thereunder by the Department of
Agriculture and in effect on the date of
this deed to the end that no person in
the United States shall, on the ground,
of race, color, or National origin, be
excluded from participation in, be denied
-
the benefits of, or be subjected to
discrimination under any programs or
activities provided thereon; and
(b)
That the United States shall have the
right to judicial enforcement of these,
covenants not only as to the Grantee, ite
successors and assigns, but also as to
;.
lessees and licensees doing business or
.
extending services under contr'•actural or
-other arrangements on the land herein
conveyed.
(a),.
In the event of a breach of any of the
conditions set forth above, all right,
f-
,
title and interest in and to the above-
4
described property will, at the option
of the Grantor, revert to and become the -
I
•
property of the United States of America,
s
which shall have an immediate right of
entry thereon, and the Grantee, its succes-
sors or assigns, shall forfeit all right,
title and interest in and to the above -
described property and in any and all of
the tenements, hereditaments and appurte-
nances thereunto belonging; provided, however,
that the failure of the Grantor to insist in
any one or more instances upon complete per
,
formance of any of the said conditions shall
not be construed as a waiver or a relinquish-
�,•
meet of the future performance of any such
conditions, but the obligations of the Grantee
"
,:with
respect to such future performance shall
!
continue in full force and effeot..
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