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HomeMy WebLinkAboutResolution - 6430 - Right Of Way Easement - TAMU - Water Line At TAMU ARE Center - 08_12_1999Resolution No. 6430 Aug. 12, 1999 Item No. 20 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 Right -of -Way Easement and associated documents for a water line located on the Texas A&M University Agricultural Research and Extension Center, by and between the City of Lubock and Texas A&M University System. Said easement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day Aug • , 1999. Y SITT ,MAYOR ATTEST: /444W kayffifydrnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs/ccdocs/rex A&M Univ Ag.res July 15,1999 Filt And Return To Ed Bucy R-O-W RIGHT-OF-WAY EASEMENT (FOR TAMUS BENEFIT) TAMUS Board Policy 41.05(8) 3258'7 Resolution No. 6430 Aug. 12, 1999 Item No. 20 v0L 6419Pacd82 I. Grant of Easement: The BOARD OF REGENTS, THE TEXAS A&M UNIVERSITY SYSTEM, Grantor ("TAMUS"), on behalf of the State of Texas, acting by and through its duly authorized officer, under authority of Board Policy 41.05(8), and by virtue of authority granted to the Board by TEX. EDUC. CODE § 85.26(c), in consideration of the mutual benefits to be derived by both parties, GRANTS, BARGAINS, SELLS AND CONVEYS to CITY OF LUBBOCK, Grantee ("LUBBOCK"), its successors and assigns, anon -exclusive right-of-way easement on and across certain Property of TAMUS (the "Property"), located in Lubbock County, Texas, more particularly described in Exhibit "A", attached and made a part of this easement. II. Purpose and Location of Easement: This easement is granted for the purpose of installing and maintaining underground water service to the Texas A&M University Agricultural Research and Extension Center at Lubbock, Texas. A plat of the Property showing the surface area affected by this easement and the location of LUBBOCK's right-of-way is depicted on Exhibit "B", attached and made a part of this easement. HI. Right of Access: LUBBOCK has the right of ingress and egress across the Property for the purpose of constructing, maintaining, repairing, replacing and rebuilding its line. LUBBOCK agrees to occupy the surface only to the extent and for the length of time necessary for constructing, operating, maintaining, repairing, replacing and rebuilding such line. Any gate or opening used by vOL 6419PAG483 LUBBOCK for ingress or egress in the exercise of its rights, must be kept in proper condition and closed at all times. IV. Duties: If LUBBOCK damages or destroys any fences, roads, bridges, culverts, buildings or other equipment on the right-of-way, other than its own personal property, LUBBOCK must, within a reasonable period of time, repair or replace the personal property to the extent that it will, as nearly as practicable, be in like condition as before such damage or destruction. At the option of TAMUS, in lieu of repairing or replacing, money damages will be paid. Such damages include those incurred as a result of LUBBOCK or its agents or employees entering, departing, or by reason of being present on the Property. The Property affected will be leveled as required by TAMUS so the Property will, to the degree possible, be in the same condition as before LUBBOCK's activities. LUBBOCK agrees to notify TAMUS, in the manner set forth in Section XIX, no later than three (3) business days after completion of the initial construction and cooperate with TAMUS personnel in an on site inspection to assess damages resulting from LUBBOCK's activities. Prior to any subsequent alteration or additional construction LUBBOCK agrees to notify TAMUS, in the same manner as set forth above, five (5) business days prior to commencement of such activities. V. No Fee Interest Granted: This is a grant of a non-exclusive right-of-way easement only, and does not grant any fee interest to the surface or any interest in the minerals, on or under the property. This conveyance is made subject to any and all outstanding easements and surface leases covering the Property. von 6419PacE184 VI. Duration of Easement: In accordance with TEX. EDUC. CODE § 85.26(c), this grant is for a term often (10) years and maybe renewed only at the election of TAMUS. LUBBOCK expressly understands its continued possession ofthe Property under this easement without first obtaining from the Board of Regents a renewal of this right-of-way easement is a violation of state law which subjects LUBBOCK to a penalty of ONE HUNDRED DOLLARS ($100.00) for each day of such violation. LUBBOCK agrees to pay TAMUS such penalty within ten (10) business days after receipt ofnotice from TAMUS sent in compliance with Section XIX, ofthis easement. LUBBOCK has the right to remove its equipment at the expiration of this easement, provided all obligations to TAMUS under this easement are fully satisfied. All equipment must be removed within one hundred twenty (120) calendar days from the date of termination or abandonment of this easement. If removal causes other injury to the surface or improvements, LUBBOCK will restore or pay for such damage within sixty (60) calendar days after completion of such removal. VII. Reservation of Non -Conflicting Use of Property: TAMUS expressly reserves for its use and for the use of any component of The Texas A&M University System access to the Property, such use to be in common with LUBBOCK, provided such use is not inconsistent with the rights of LUBBOCK. It is further agreed LUBBOCK will comply with the Antiquities Code of Texas, TEX. NAT. RES. CODE Ch. 191, and LUBBOCK further agrees title to archaeological objects or artifacts, if any, in or on the Property remain with TAMUS. VHI. Hold Harmless: LUBBOCK agrees to indemnify and hold TAMUS harmless from any and von 6419PAc1185 all claims, demands, liabilities and causes of action for personal injury or death and/or damage to or destruction of property or improvements caused by, arising out of, or resulting from the exercise of rights granted to LUBBOCK, its employees, agents, or other persons acting under LUBBOCK's direction. LUBBOCK further agrees to pay all expenses, costs, and attorneys fees associated with such claims, demands, liabilities, and causes of action, as well as those incurred by TAMUS in the enforcement of this indemnity provision. M Hazardous Waste: LUBBOCK will not commit or suffer to be committed waste upon the Property; will keep the Property, the improvements, and its equipment in good working order and repair and in a clean, safe and healthful condition; and comply with all state, federal and local laws, rules and regulations with regard to the use and condition of the improvements and equipment on the Property. LUBBOCKwill not use the Property orpermit the Property to be used so as to cause, suffer, or allow any contamination of soils, ground water, surface water, or natural resources on or adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical compounds. LUBBOCK is solely responsible for cleanup of any contamination resulting from violation of this provision. If the presence of hazardous materials on the Property is caused or permitted by LUBBOCK and such materials result in contamination of the Property or if contamination of the Property by hazardous material otherwise occurs and is related to LUBBOCK's use, then LUBBOCK shall indemnify, defend and hold TAMUS harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including diminution in value of the Property, damages voL 9419mGE186 for the loss of or restriction on use of the Property or of any amenity of the Property, and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts fees) which arise during or after the easement term as a result of such contamination. This indemnification of TAMUS by LUBBOCK includes costs incurred in connection with any investigation of site conditions for any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous material present in the soil or ground water on or under the Property. X. Default and Termination: It is agreed upon default by LUBBOCK of any of these covenants, conditions and agreements, TAMUS has the right, and such right is expressly reserved, to declare this easement forfeited, without prejudice to any claim TAMUS may have against LUBBOCK; provided, however, TAMUS will give LUBBOCK written notice of its intention to terminate this easement and the reasons for termination, and LUBBOCK will have thirty (30) calendar days after receipt of notice to rectify the default or violation. Upon timely correction, this easement will remain in full force and effect. Termination or abandonment of this easement for any cause is automatic and all rights granted revert to TAMUS without the necessity of any further action or suit on the part of TAMUS. Upon termination or abandonment, LUBBOCK agrees to file a Release of Easement in the Deed Records of Lubbock County, Texas. Abandonment will be deemed to have occurred when this easement is not used for the purposes granted for a continuous period of one calendar year. voL 6419pwI87 XI. Waiver: No waiver by TAMUS or LUBBOCK of any default or breach of any term, condition, or covenant of this easement will be a waiver of any other breach of any other term, condition, or covenant. XII. Privileges and Immunities: LUBBOCK acknowledges TAMUS is an agency of the State of Texas and nothing in this easement will be construed as a waiver or relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may be provided by law. XIII. Texas Law to Apply: This easement is construed under and in accordance with the laws of the State of Texas and is performable in Lubbock County, Texas. XIV. Grammatical Interpretation: When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. XV. Headings: Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this easement. XVI. Parties Bound: This easement is binding upon and inures to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). Each Party warrants that the person executing this easement on its behalf has full authority to do so and to bind that Party to the terms and conditions of this easement. 6 VOL 6419Pm188 XVH. Saving Clause: Should any clause in this easement be found invalid by a court of law, the remainder ofthis easement will not be affected and all otherprovisions in this easement remainvalid and enforceable to the fullest extent permitted by law. XVIIL Assignment: LUBBOCK may not sell, assign, or convey this easement without the written consent of TAMUS which will not be unreasonably withheld, and any attempt by LUBBOCK to sell, assign, or convey this easement without such consent will cause this easement to terminate. XIX. Notices: Notices to either Party will be signed by the designated representative of the Party, or its successors in interest or office, and delivered personally or sent by U.S. certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to "TAMUS": Director System Real Estate Office The Texas A&M University System John B. Connally Building, Suite 519 301 Tarrow Drive College Station, Texas 77840-7896 If to "LUBBOCK": City of Lubbock P.O. Box 2000 Lubbock, Texas79457 Notice will be deemed given on the date it is hand delivered or deposited in the U.S. mail. XX. Entire Agreement: This easement constitutes the entire agreement between TAMUS and LUBBOCK and will not be explained, modified, or contradicted by any prior or contemporaneous VOL 6419PACE189 negotiations, representations, or agreements, either written or oral. This easement may only be amended by a subsequent written instrument. XXI. Effective Date: This easement is deemed to be in force on the 2 -)-d day of 1999. "TAMUS" BOARD OF REGENTS THE TEXAS A& IVERSITY SYSTEM By: TOM D. KALE Vice Chancellor for Business Services RECO,TEND APPROVAL: Y` DAN UC LY Direct r System Real Estate Offi e APPROVED AS TO FORM: C BRIAN K. BRICKER Senior Staff Attorney Office of General Counsel vOL 6419PAcIi90 STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared TOM D. KALE, Vice Chancellor for Business Services, The Texas A&M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it as the act and deed of the Board of Regents, The Texas A&M University System, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UND R MY HAND AND Icke A.D. 1999. SEAL �t my WAS" Notary Public, State of Texas 1 2000 M Commission Expires: �. .�= IAarcn 2, Y SEAL OF OFFICE this a % Ck day of VOL 6419PAG[191 TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: "LUBBOCK" OF L BOC ::�� By: WINDY SIT Mayor ATTEST: KAY'�'I�IE DARNELL, City Secretary APPR�Of VED AS TO CONTENT: ED BUCY, Right -of -Way Agent APPROVED AS TO FORM LINDA CHA HALES Supervising Attomey/Office Practice ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF MCLENNAN BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared WINDY SITTON, Mayor of City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this % 3 day of A.D. 1999. o }NDRFABELL - Not Public, State of Texas I�Wary Publ c, state of TeMas �i ",,\EoF;,,/r;.• MlyeommhsbnExpires 06.25-Oi My commission expires: 2 hh ' srco seal estaul6pe-lubbmk-99000005 990511 SEAL 10 VOL 6419PAG[192 BEING ten foot (10') wide strips of land all a part of the north one-half of Section 36, Block A, Lubbock County, Texas and being a portion of the called 186.6 acrd tract described in a deed dated October 31, 1959 from A.E. Griffis, et ux, to the Board of Directors of the Agricultural and Mechanical College of Texas, recorded in Volume 772, Page 433, Deed Records of Lubbock County, Texas, and lying five feet (5') on either side of the following described centerlines, save and except for those locations wherein the centerline lies within five feet (5') of permanent buildings, in which instances building, with the land lost on that side of the centerline to be added onto the other side of the centerline to retain the ten foot (10') width: TRACT ONE: BEGINNING at a point 2176 feet west and 513 feet south of the northwest comer of section 36; THENCE West 700 feet to a point; THENCE South 2130 feet to an ending point. TRACT TWO: BEGINNING at a point 1460 feet west and 50 feet south of the northeast comer of Section 36; THENCE South 690 feet to a point; THENCE West 831 feet parallel to the south side of existing paved road to a point; THENCE North 705 feet parallel to east side of existing dirt road to a point 814 feet west of the point of beginning. TRACT THREE: BEGINNING at a point 1935 feet west and 50 feet south of the northeast comer of Section 36; THENCE South 42 feet to an ending point. TRACT FOUR: BEGINNING at a point 1460 feet west and 219 feet south of the northeast comer of Section 36; THENCE West 135 feet to and ending point. TRACT FIVE: BEGINNING at a point 1583 feet west and 740 south of the northeast corner of Section 36; THENCE North 32 feet to an ending point. TRACT SIX: BEGINNING at a point 2179 feet west and 513 south of the northeast comer of Section 36; THENCE North 8 feet to a point; THENCE East 30 feet to an ending point. Exhibit A I FILED FOR RECORD SEP 3 Q 58 PMe'\99 COUNTY CLERK, LUBBOCK COUNTY, TEXAS F.M. 1294 • I TEXAS A & M EXTENSION CENTER w Exhibit B STATE OF TEXAS COUNTY OF LUBBOCK I hereby certify that this Instrument was FILED an the date and at the time stamped hereon by ma and was duty RECORDED in the Volume and Pape of the OMiciei Real Property Records of Lubbock Coumy. Taus as stamped hereon by ma. SEP -8 � 199s 0c vi �ouagc& S �Iot.G./ sg OCUN Y CLERK LUBBOCK COUNTY,TEXAq WIN min