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HomeMy WebLinkAboutResolution - 061076E - Joint Use Agreement- Bureau Of Reclamation- Canadian River Aqueduct And Quirtave - 06_10_1976JW F / gm RESOLUTION II 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 JOINT USE AGREEMENT with the Bureau of Reclamation of the United States Government relating to common Rights -of -Way for Canadian River Aque- duct and Quirt Avenue, 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 0th day of June , 1976. 1 ROY43ASS,MAYOR ATTEST: eva Phillips, C' Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. , Ci ttorney Contract No. 6-07-01- R0595 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION SOUTHWEST REGIGN GQaa1D0Q1;j m0w9m pQo�[ Gg JOINT -USE AGREEMENT AMONG THE UNITED STATES OF AMERICA, THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, AND THE CITY OF LUBBOCK, TEXAS, RELATING TO COMMON RIGHTS -OF -WAY FOR CANADIAN RIVER AQUEDUCT AND QUIRT AVENUE, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS Contract No. 6-07-01-RO595 i UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION SOUTHWEST REGION i JOINT -USE AGREEMENT AMONG THE UNITED STATES OF AMERICA, i THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY, AND THE CITY OF LUBBOCK, TEXAS, RELATING TO COMMON RIGHTS -OF -WAY FOR CANADIAN RIVER AQUEDUCT AND QUIRT AVENUE, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS CANADIAN RIVER PROJECT, TEXAS THIS JOINT -USE AGREEMENT, made and entered into this day of , 19 , pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supple- mentary thereto, particularly the Reclamation Project Act of 1939 (53 Stat. 1187), as amended, among the UNITED STATES OF AMERICA, herein styled "United States,".represented by the officer executing this agreement, the CANADIAN RIVER MUNICIPAL WATER AUTHORITY, herein- after termed "Water Authority," represented by the undersigned General Manager, and the CITY OF LUBBOCK, TEXAS, hereinafter styled'. "City," represented by the undersigned City official. R.. WITNESSETH THAT: WHEREAS, City desires to construct, operate, and maintain Quirt Avenue located within the city limits of Lubbock, Texas, and the required right-of-way will cross right-of-way of the Canadian River Project aqueduct; and "— WHEREAS, in the judgment of the Secretary of the Interior, the joint -use of the Canadian River Project right-of-way described` herein, in,the manner and under the terms and conditions hereinafter set out, will not be incompatible with the requirements of the United States for the operation and maintenance of the aqueduct facilities of the Canadian River Project. NOW, THEREFORE, for and in consideration of the mutual benefits and covenants herein contained, the parties hereto agree as follows: I • i . f 1. The United States hereby consents to the crossing of its right-of-way easement by the.City of Lubbock with Quirt Avenue j as shown on Exhibit A, attached hereto and by this reference made a part hereof, and in accordance with the terms and conditions herein- after set forth.• The crossing shall be approximately to the lines, I grades, and within the right-of-way limits shown on Exhibit A, and shall consist only -of subgrade material, surfacing, curb, and gutter. 2. All rights of the United States and its successors and assigns to survey, construct, reconstruct, operate, maintain, and remove the water pipeline or conduits and all appurtenances 1 thereto are reserved unto the United States: Provided, however, That the rights of access to through traffic roadways and/or ramps shall be subject to the same rules and regulations as applied to the i general public, and neither the United States nor the City, by the execution of this agreement, waives or relinquishes any right which it may have under the law or constitution, Federal or State. How- ever, if existing facilities are to be altered or modified or new facilities constructed within said right-of-way area, the United States agrees to notify the City prior thereto, and to furnish information showing location, type of construction, and methods to be used for protection of traffic. 3- In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, any party hereto may at its own responsibility and risk make necessary emergency k repairs, notifying the other parties hereto as soon as practical of the action taken. 4. The City shall advise the United States in sufficient time to permit, if necessary, inspection on behalf of the United States of the construction work in progress and at the completion of construction within the aqueduct right-of-way. �j. Access to aqueduct right-of-way shall be provided to the United States and to the Water Authority. 6. The City will accomplish all construction, operation, and maintenance on project rights -of -way in a manner which avoids damage to or obstruction of project facilities or interferes in any way with the operation and maintenance of these facilities. When normal traffic loads are to be exceeded, including excess loads from construction or maintenance equipment, City shall take adequate pre- cautions for protection of the aqueduct. 2 7- If major repairs are required on aqueduct facilities and United States or,Water Authority deems it necessary to interrupt traffic flow, City will provide detours and traffic control as necessary to permit such aqueduct repair. 8. The City shall furnish evidence to the United States and Water Authority that with respect to the construction of the crossing, its contractor carries regular contractor liability insur- ance and, in addition, a protective liability policy in behalf of the United States and the Water Authority which will pay for all costs and expenses incurred from damages to the aqueduct facility and related claims (minimum limit: S250,000)- _9. City agrees that the United States, its officers, agents, employees, and its successors and assigns shall not be held liable for any damage to City's improvements or works by reason of the exercise of the rights herein reserved; nor shall anything con- tained in this paragraph be construed in any manner as limiting other reservations in favor of the United States contained in this . agreement. 10. This agreement ,is subject to existing rights -of -way, if any, for highways, roads, canals, laterals, drains, ditches, pipe- lines, electric transmission lines, and telegraph and telephone lines over any part of the concerned project rights -of -way. 11. United States makes no warranty, expressed or implied, as to the extent or validity of the consent granted herein. 12. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 13. The terms of this agreement shall continue so long as City jointly uses the concerned project rights -of -way for highway purposes. Should City discontinue the use of facilities constructed under the terms of this agreement for highway purposes, it shall remove all facilities so constructed, leaving the premises in a condition satisfactory to United States unless, at the option of United States, the facilities are permitted to remain upon the rights -of -way of United States. 14. No Member of or Delegate to Congress or Resident Com- missioner 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 agreement if made with a corpora- tion or company for its general benefit. 3 IN WITNESS WHEREOF, the parties hereto have executed this joint -use agreement as of the day and year first above written. THE UNITED STATES OF AMERICA BY Regional Director Southwest Region Bureau of Reclamation THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY By jeral Manager THE CITY OF LUBBOCK, TEXAS 1 � By Title W Approved as to. to= red O, Sinter, Jr., i.r ..•.er 4 4e CONTRACT TO EXTEND TIME OF PAYMENT OF A PAVING ASSESSMENT LIEN AND PROVIDE FOR THE CONTINUED VALIDITY OF SUCH LIEN IN EXCHANGE FOR STREET DEDICATION This agreement made as of the 27th day of May, 1976, by and between Bowman Lumber Company, Inc., acting by and through its undersigned officers hereunto duly authorized, herein called "OWNER", and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipality located in Lubbock County, Texas, acting by and through its Mayor, herein called "CITY", said agreement becoming effec- tive upon execution by both parties hereto. WITNESSETH: SECTION I. SUBJECT MATTER OF TRANSACTION The extension of time of payment of a paving assessment to be created by a City Paving Assessment Ordinance which is to be enacted by the City Council in the calendar year, 1976, and filed in the Deed Records of Lubbock County, Texas. This assessment will be secured by a lien to pay the cost of paving University Avenue adjacent to the following described tract of land, to -wit: TRACT I BEGINNING at a point which is 1465. 78 feet South and 60.00 feet East of the Northwest corner of Section 9, Block E, Lubbock County, Texas; THENCE South along aline 60.00 •feet East and. parallel to the West line of said Section 9, Block E, a distance of 1174.22 feet to a point; THENCE East 150.00 feet to a point; THENCE North along a line 210.00 feet East and parallel to the West line of said Section 9, Block E, a distance of 1174. 22 feet to a point; THENCE West 150.00 feet to the POINT OF BEGINNING. It is understood and agreed that the paving cost deferred as to payment is the paving abutting Tract I above -described, being further described as the paving being done on Tract II as hereinafter described, but contrariwise the paving to be done on Tract III hereinafter described is NOT herein deferred as to payment and will be assessed against property of the owner hereinafter described as Tract IV which abuts said Tract III to be paid for in the terms usual in paving assessments without regard to the deferment of payment. For and in consideration of extension of time to pay off said lien to be assessed as above described and on the terms herein set forth, OWNER agrees immediately to execute and deliver to the City a Dedication Deed (on form sub- mitted to OWNER by City) dedicating tracts of land (hereinbelow designated as Tracts II and III) to the City and/or the Public for use as a public street (to form a part of University Avenue) covering the following described real estate: TRACT II BEGINNING at a point which is 1465.78 feet South of the Northwest corner of Section 9, Block E, Lubbock County, Texas; THENCE South along the West line of said Section 9, Block E, a distance of 1174.22 feet to a point; THENCE East 60. 00 feet to a point; THENCE North along a line 60.00 feet East and parallel to the West line of said Section 9, Block E, a distance of 1174. 22 feet to a point; THENCE West 60.00 feet to the POINT OF BEGINNING. TRACT III BEGINNING at a point which is 726. 00 feet South of the Northwest corner of Section 9, Block E, Lubbock County, Texas, THENCE South along the West line of said Section 9, Block E, a distance of 739. 78 feet to a point; THENCE East 60. 00 feet to a point; THENCE North along a line 60.00 feet East and parallel to the West line of said Section 9, Block E, a distance of 739. 78 feet to a point; THENCE West 60.00 feet to the POINT OF BEGINNING. If said Dedication Deed is not received by City within 30 days after date of this agreement in form suitable for public recordation, then in such event this agreement may at option of City be declared null and void, and no longer of any force or effect. SECTION II. The paving to be done on Tract III above -described is to be assessed at the regular rate and terms of payment as usual in regular assessment cases against the following described tract of land (owned by OWNER) which tract is adjacent to and abuts said Tract III, and is hereby designated as Tract IV and is described as follows: TRACT IV FIELD notes for BOWMAN LUMBER CO. Assessment Paving on East side of University Avenue. BEGINNING at a point which is 726.00 feet South and 60.00 feet East of the Northwest corner of Section 9, Block E, Lubbock County, Texas; THENCE South along a line 60.00 feet East and parallel to the West line of said Section 9, Block E, a distance of 739. 78 feet to a point; THENCE East 150.00 feet to a point; V. THENCE North along a line 210. 00 feet East and parallel to the West line of said Section 9, Block E a distance of 739. 78 feet to a point; THENCE West 150. 00 feet to the POINT OF BEGINNING. SECTION III. For and in consideration of the City of Lubbock paying for the construction of the paving on Tract II above -described adjacent and abutting Tract I above -described, OWNER, its successors and assigns, as owner(s) of Tract I above -described, promise and do hereby by these presents promise to pay to the City the cost of such paving on Tract II to be assessed against owner on or before the end of the sixtieth (60th) month following the acceptance of the paving improvements by the City of Lubbock; or when owner, or its successors and assigns plats for development under Article 974A, Vernon's Civil Statutes of Texas, all or any part of the real estate described as all the lands adjacent to the street to be dedicated and paved; or when owner, its successors and assigns, sells all or any part of such real estate --whichever event of said three events, shall first occur, and in any event not later than the end of said sixtieth (60th) month after acceptance of paving improvements by the City. SECTION IV. Should the herein above -described paving assessment lien to be created on said Tract I be paid in whole or in part later than the sixtieth (60th) month following acceptance of the paving improvements on the said Tract II by the City of Lubbock, then the City shall charge and owner, its successors and assigns agree and obligate itself or themselves to pay six percent (6%) per annum interest from and after the end of said sixtieth (60th) month on the principal amount due or so much thereof that remains unpaid until paid in full. SECTION V. City (to the extent possible) will endeavor to see that the OWNER has access to its business during actual paving being done with the understanding that the City is not responsible and/or liable for the actions of the paving contractors carrying out the construction or acts of God beyond control of the City which may interfere with access, such as but not limited to inclement weather. SECTION VI. OWNER, its successors and assigns, acknowledge the validity of the paving assessment lien to be created against said Tract I, such assessment lien to be enacted and recorded as aforesaid by City and further, OWNER agrees that the paving assessment lien on said Tract I and as described in said Ordinance to be enacted shall remain valid, and this agreement shall in no wise be construed as a waiver or release by the City of Lubbock of said lien but same shall remain as security for this agreement and have the same force and effect as though a paving certificate were issued under the terms of the above -described Ordinance. Executed by the parties in duplicate originals as of the date first written in this agreement. ATTEST: BOWMEN LUMBER COMPANY, INC. BY: CORPORATION SECRETARY PRESIDENT (SEAL) -3- ATTEST: r _ Treva Phillips, City Seetary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK BY I Get3S. ROY BASS, MAYOR BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared , President of Bowman Lumber Company, Inc., a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of Bowman Lumber Company, Inc., in the capacity hereinabove stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1976. (SEAL) Notary Public, Lubbock County, Texas 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 ROY BASS, 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 , 1976. (SEAL) Notary Public, Lubbock County, Texas -4-