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HomeMy WebLinkAboutResolution - 3715 - Right Of Way Easement - Energas - Gas Line, Section 32, Block A - 09_26_1991Resolution No. 3715 September 26, 1991 Item #15 JWF:js 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 a instrument entitled "Gas Line Easement" covering a part of Section 32, Block A, Lubbock, Lubbock County, Texas, unto Energas Company, a Division of Atmos Energy Cor- poration, attached herewith, 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 26th ATTEST: APPROVED AS TO CONTENT: Lucy, Right- a- ay Agent APPROVED AS TO FORM: 01�7-A - . J/-W4r—th Fullingim, Assist City to ney day of September , 1991. Ah/f_ C (, c , Resolution No. 3715 September 26, 1991 Item #15 JWF:js GAS LINE EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT, CITY OF LUBBOCK, the undersigned, hereinafter referred to as GRANTOR, for and in consideration of the sum of ONE AND N0/100 DOLLARS ($1.00), and other good and valuable consideration to GRANTOR in hand paid by ENERGAS COMPANY, a Division of Atmos Energy Corporation, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto GRANTEE, its successors and assigns, a right-of-way and ease- ment to lay, maintain, operate, remove, or replace (either in conjunction with or prior to the removal of the then existing line) gas distribution lines and service laterals, meters, regulators and all necessary appurtenances thereto, in, along, under, across, over and through the following described property in Lubbock County, Texas, to -wit: That certain tract of land out of Section 32, Block A, Lubbock, Lubbock County, Texas. This easement being more particularly described by metes and bounds as follows: BEGINNING at a point which bears West a distance of 40.00 feet and North a distance of 556.00 feet from the South- east corner of Section 32, Block A, Lubbock, Lubbock County, Texas; THENCE North a distance of 20.00 feet; THENCE West a distance of 130.00 feet; THENCE South a distance of 20.00 feet; THENCE East a distance of 130.00 feet to the PLACE OF BEGINNING. and this grant shall carry with it the right of GRANTEE to enter upon said land at all times for the purposes of making improvements and repairs to said lines, service laterals, meters, regulators, 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 and including the right of removing, repairing, maintaining and reading meters. All work, maintenance, repair, etc. necessary to be done in connection with any main and appurtenances thereto which will oc- cupy the right-of-way and easement herein granted shall be done in an approved manner with as little damage to said above described premises as may be practical considering the nature of any such work, repairs, maintenance, etc., and the main itself shall be buried to a depth at least forty-two (42) inches below the surface of the ground, unless caliche or rock formations be encountered, in which event it shall be buried at least to the depth of the top of said caliche or rock formation. 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 exercises of the GRANTEE'S rights hereunder and it is agreed that no build- ing, reservoir or structure shall be constructed by GRANTOR upon, TO HAVE AND TO HOLD the above described rights and easements, together with any other rights necessary to maintain, operate and keep in service at all times gas distribution mains and all appur- tenances thereto, over and through said above described premises unto the said GRANTEE, its successors and assigns. It is hereby understood that the parties securing this grant in behalf of the GRANTEE are without authority to make any covenant or agreements not herein expressed. WITNESS THE EXECUTION HEREOF on the 26th day of September , 1991. CITY OF LUBBOCK BY:Z. y . C. McM NN, MAYOR t i i ATTEST: F�'Ag APPROVED AS TO CONTENT: ,5,-"� 0 � L_ � Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: -, � I A i a _ iA / . �' FWorth Fullingim, As stant C ty Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared B. C. McMINN, Mayor of the CITY OF LUBBOCK, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the CITY OF LUBBOCK. lk UNDER MY HAND AND SEAL OF OFFICE this day of 1991. ,._. (CLlillA R. SOUS '.t,, �;ii�a�1P.Y PL'fiiiC. Slrtr of TeBasi� /' 4`•t .CAmn issn Ezpijec ' �; ' Notary Public in and for the State of Texas - 2 -