HomeMy WebLinkAboutResolution - 032874C - Easement Agreement - Safeway Stores Inc - Live Oak Addition - 03_28_1974RESOL�7TION
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized azzid
directed to execute for and on behalf of the City of Lubbock AN UNDERGROUND
POWERLINE AND PAD MOUNT TRANFORMER EASEMENT AGREEMENT by and
between the City of Lubbock (as Grantee) and Safeway Stores, Incorporated, a
Maryland Corporation (as Grantor), 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 28th I day of March , 1974.
ATTEST:
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MORRIS W. TURNER, MA'6d'OR
Treva Phillips, City S retary-Treasurer
APPROVED AS TO FORM:
Jr., Ci At orr
GRANT OF EASFAIENT
(Utility)
SAFEWAY STORES, INCORPORATED, a Maryland corporation, Grantor, for and in consideration of the sum of TEN
AND N0/100 DOLLARS (SI0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,
does hereby grant unto The City of Lubbock, Lubbock County, Texas, a Texas Home Rule
Municipal Corporation • , Grantee, its successors
and assigns, a ten ( 10 ) foot wide non-exclusive easement for the installation, operation, maintenance,
repair and replacement of Underground Powerline and Pad Mount Transformer
the surface of the real property described on Exhibit "A", attached hereto and made a part hereof.
TOGETHER WITH the right of necessary access from the surface of said real property and the right of necessary ingress
and egress over the adjacent land of Grantor at reasonable times for the purpose of exercising the rights herein granted.
Provided
First, that any installation, operation, maintenance, repair or replacement performed hereunder shall be at no cost to
Grantor unless agreed to in writing by Grantor, and shall be so performed as to interfere as little as reasonably possible with the
use and enjoyment of the above described real property and Grantor's adjacent land by persons occupying the same or lawfully
present thereon. To effectuate this intent, Grantee shall provide and maintain safe vehicular and/or pedestrian bridges for use by
Grantor's customers, agents, employees and invitees, where necessary to maintain reasonable access to Grantor's store and
parking lot; and Grantee shall keep the easement and Grantor's adjacent areas free of equipment and materials at all times,
except when workmen are actively working in the easement area, unless Grantor gives its prior written consent to do otherwise.
Second, if the surface of the easement and/or surface of Grantor's adjacent real property and/or any improvements
thereon shall be disturbed by installation, operation, maintenance, repair or replacement, said surface and/or improvements shall
be promptly restored by Grantee to their condition just prior to such disturbance.
Third, that there shall be no liability on Grantor, its successors and assigns and persons occupying or lawfully present on
the easement area for damage, if any, which may be caused by normal and reasonable use of, or vehicular or pedestrian traffic
over said easement area. Said normal and reasonable use may include the parking of vehicles on said easement and installation,
operation and maintenance of standard parking lot improvements including paving; bumper curbs, light standards and striping.
Fourth, that Grantee further agrees that it will permit no mechanics', materialmen's or other liens to stand against
Grantor's premises for work or materials furnished Grantee in connection with the easement granted herein, and Grantee agrees
to indemnify and hold Grantor harmless from the same.
Fifth, that Grantee agrees to indemnify Grantor against and save Grantor harmless from all demands, claims, causes of
action or judgments, and all reasonable expenses incurred in investigating the same, for injury to person, loss of life or damage to
property occurring on the easement area and arising out of Grantee's use and occupancy of said area. Grantee agrees to maintain
adequate insurance covering its obligations as hereinabove stated in respect of injury to person or end loss of life and
will furnish Grantor with evidence of such coverage before commencing any use or occupancy of said easement area.
Sixth, that Grantor agrees no building structure shall be erected or permitted on the easement; provided, however, Grantor
reserves the right to require, at Grantor's expense, the relocation of all or part of the utilities installed by Grantee hereunder to
the extent from time to time as it is necessary to permit further development of Grantor's real property.
Seventh, that this easement shall terminate and be of no further force or effect
upon thirty (30) days written notice from Grantor to Grantee to discontinue the service
to Grantor from Grantee's facilities with the easement.
IN WITNESS -WHEREOF, Grantor and Grantee have executed this Grant of Easement on this 28thday of
March ,19 74
GRANTEE: CITY OF LUBBOCK, TEXAS GRANTOR: SAFEWAY STORES, INCORPORATED
(a Maryland corporation)
ByZ By
MORRIS W. TURNER, MAY
OR Its Assistant Vice President
By ATTE9T! By
Treva Phillips, City Secretes -Treasurer Its Assistant Secretary
(Corporate Seal)
1. Recording Data: II. Location and survey data:
1. Bk. (Vol.) (Liber): 1. Store No.: 2. Division:
2. Pg. (Folio): 3. City/State:
r 3. Instrument No. (File): 4. Survey, dated
4. Recording date: last revised basis of description.
BPProved AS 14 form;
GRANT OF EASEMENT (Utltity)
- ) Form No. ROC-9I& (Rev. 9.73)32 L".,,. _TR _ _ PrinW In U.S.A `-
i Fred 0. Santa 1r., CitY Att:)rre,
A
$asement out of Lot Z, Live Oak Addition to the City of Lubbock, Lubbock rr
County, Texas, being more specifically described by metes and bounds as
follows:
BEGINNING at a point 106.00 feet Forth of the Southeast corner I
of Lot L. Live Oak Addition;
THENCE West a distance of 25.00 feet; I
THENCE South a distance of 10.00 feet;
THBNCE East a distance of 25.00 feet; `
THENCE North a distance of 10.00 feet to the point of BEGIMUNG.
THE STATE OF TEXAS .X
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared MORRIS W. TURNER, known
to me to be the person whose name is subscribed 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
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,1974.
(SEAL)
Notary Public, Lubbock County, .Texas
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